HomeMy WebLinkAboutCouncil Actions 01-20-04 Wyatt
36595-012004
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY20, 2004
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. (All Council Members were present.)
The Invocation was delivered by The Reverend Bill Case, Pastor, Garden City
Grace Brethren 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, January 22, 2004, at 7:00 p.m.,
and Saturday, January 24, 2004, at 4:00 p.m. Council meetings are now being offered
with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS,
REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE
THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE
SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS
WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM
LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215
CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE
CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND
RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO
THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV. COM, CLICK
ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS
AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT
SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED
TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED
AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME
AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED
FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN
FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV. COM, TO OBTAIN AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A Resolution memorializing the late Ernest W. Ballou, former Judge, Circuit
Court.
Adopted Resolution No. 36595-012004 (7-0)
File #367
A Resolutionmemorializing the late James N. Kincanon, former City Attorney,
and President and Treasurer of the Roanoke Bar Association.
Adopted Resolution No. 36596-012004 (7-0)
File #367
A Resolution rremorializing the late Lawrence H. Hardar.
Adopted Resolution No. 36597-012004 (7-0)
File #367
e
CONSENT AGENDA
Approved with the deletion of Item C-1 (7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the regular meetings of Council held on Monday, November
17, 2003, recessed until Friday, November 21,2003; and Monday December I,
2003.
RECOMMENDED ACTION: Dispense with the reading of the minutes
and approve as recorded.
C-2
A communication from Council Member Alfred T. Dowe, Jr., Chair, City
Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the mid-year performance of three Council-Appointed
Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concur in the request.
File #132
C-3
A communication from the City Attorney requesting that Council
convene in a Closed Meeting to consult with legal counsel regarding actual
litigation where such consultation in open session would adversely affect the
City's negotiating or litigating posture, pursuant to Section 2.2-3711 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
C-4
A communication from William L. Bova tendering his resignation as a
member of the Industrial Development Authority, effective January 9, 2004.
RECOMMENDED ACTION: Accept the resignation and receive and file
the communication.
File #110-207
C-5
Qualification of the following persons:
Alvin L. Nash as a Trustee of the Roanoke City School Board, to fill the
unexpired term ofMelinda J. Payne, resigned, ending June 30, 2004; and
File #110-467
Bittle W. Porterfield, III, as a member of the Roanoke ValleyResource
Authority, for a term ending December 31, 2007.
File #110-253
RECOMMENDED ACTION: Receive and file.
4
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
Request of Roanoke City Retirees to address Council regarding pension
supplements for retirees. C. R. Martin, President, Spokesperson.
(Sponsored by Council Members Linda F. Wyatt and William D.
Bestpitch)
Mr. Martin requested a pay increase for City retirees for fiscal year
2005 and a supplement toward health insurance for employees 65
years of age and older.
File #429
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Execution of a Subgrant Agreement with the Blue Ridge Housing
Development Corporation, Inc., in connection with the 2004
World Changers Project.
Adopted Resolution No. 36598-012004. (7-0)
File #178-226-236
Amendment to the City Code to reflect recent updates to the
Virginia Uniform Statewide Building Code.
Adopted Ordinance No. 36599-012004. (7-0)
File #24-32
3. Transfer of funds in connection with snow rermval.
Adopted Budget Ordinance No. 36600-012004. (7-0)
File #60-410
Execution of an Agreement with the Department of Criminal
Justice Services to accept a V-STOP grant, in the amount of
$34,023.00.
Adopted Budget Ordinance No. 36601-012004 and Resolution
No. 36602-012004 (7-0)
File #5-60-236
Execution of an Amendment to the Lease Agreement with Blue
Eagle Partnership in connection with office space located at The
Civic Mall, 1501 Williamson Road, N.W.
Adopted Budget Ordinance No. 36603-012004. (7-0)
File #60-72-373
Authorization to develop guidelines for implementation of the
Public-Private Education Facilities and Infi'astructure Act of 2002.
Adopted Ordinance No. 36604-012004. (7-0)
File #9-20-55-77-102
b. CITY ATTORNEY:
Authorization to execute an agreement to extend full benefits of
participation in the City's Classification and Pay Plans to the Clerk
of the Circuit Court, deputies and errployees.
Action on the matter was deferred until the 7:00 p.m. session.
6
c. CITY CLERK:
Notice of expiration of the three-year term of office of
Ruth C. Wilson; and expiration of the term of office of
Alvin L. Nash, to fill the unexpired term of Melinda J. Payne, as
Trustees of the Roanoke City School Board, on June 30, 2004.
Applications for the vacancies will be received in the City Clerk's
Office until 5:00 p.m, on Wednesday, March 10, 2004.
Received and filed.
File #467
d. DIRECTOR OF FINANCE:
Authorization to issue up to $60 n/Ilion in refunding bonds.
Adopted Resolution No. 36605-012004. (7-0)
File #53
7. REPORTS OF COMMITTEES:
Report of the Roanoke City School Board for appropriation and transfer
of fimds to various school accounts; and a recommendation of the
Director of Finance that Council concur in the request. Richard L.
Kelley, Assistant Superintendent for Operations, Spokesperson.
Adopted Budget Ordinance No. 36606-012004. (7-0)
File #60-467
bo
Presentation of the By-Laws and Strategic Plan for the Roanoke
Neighborhood Advocates. Carl D. Cooper, Chair-Elect, Spokesperson.
The Strategic Plan and By-Laws were referred to the City Manager
for staff review and to the City Attorney for preparation of the
proper measure for consideration by Council at the next regular
meeting on Monday, February 2, 2004.
File #488
7
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
None.
Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that northeast
Roanoke, and specifically the East Gate community, has been ignored in
the City's Comprehensive Plan. He referred to problems with regard to
water run off due to the lack of storm drains, curb and gutter in the East
Gate Community; the need for storm doors for Lincoln Terrace residents;
sidewalks on Orange Avenue that are in need of repair; and paving of
streets in the East Gate community, specifically 20th Street, N. E.
File #57-66-178-200-514
12. CITY MANAGER COMMENTS:
The City Manager called attention to a fire that occurred at a local
apartment complex over the weekend in which a child lost his life. She
referred to the importance of working smoke detectors which are available
through the City's Fire Department and will be installed upon request and
with the permission of the home owner.
File #70
The Council meeting was declared in recess until 7:00 p.m., in the Council
Chamber.
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY20, 2004
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (All Council Members were present.)
The Invocation was delivered byMayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by RVTV Channel 3 to be replayed
on Thursday, January 22, 2004, at 7:00 p.m., and Saturday, January 24, 2004, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
10
PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Shining Star Award was presented to Ms. Elizabeth Baker, whose
family has operated Saleeba's Grocery Store, 926 Tazewell Avenue, S. E.,
since 1940.
File #80
A. PUBLIC HEARINGS:
Request of Creekside Center, LLC, to rezone two tracks of land located at
the intersection of Shenandoah Avenue and Peters Creek Road, N. W.,
identified as Official Tax Nos. 6030116 and 6030106, from RM-2,
Residential Multi-Family, Medium Density District, to C-2, General
Commercial District. Maryellen F. Goodlatte, Attorney, Spokesperson.
Adopted Ordinance No. 36607-012004. (7-0)
File #51
Proposed formation of the Western Virginia Water Authority to acquire,
finance, construct, operate, manage and maintain a water, waste water,
sewage disposal and storm water control system and related facilities,
pursuant to the Virginia Water and Waste Water Authorities Act.
Darlene L. Burcham, City Manager.
Adopted Resolution No. 36608-012004. (7-0)
File #468
B. OTHER BUSINESS:
Request of Ms. Sharon Sue Altice, 2515 Daleton Boulevard, N. E., to
present certain neighborhood concerns. (Sponsored by Council Members
Linda F. Wyatt and M. Rupert Cutler)
(Withdrawn by Ms. Aitice)
File #66-165
11
Adopted Ordinance No. 36609-012004 establishing compensation for the Sheriff,
Treasurer, Commissioner of Revenue, Commonwealth's Attorney and Clerk of
Circuit Court for the fiscal year beginning July 1, 2003. (7-0)
Adopted Resolution No. 36610-012004 authorizing execution of an agreement and
authorizing the City Manager to extend full benefits of participation in the City's
Classification and Pay Plans to the Clerk of Court and her deputies and
employees. (7-0)
File #34-103-106-121-184-133
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR
CITIZENSTO BE HEARD. MATTERS REQUIRING REFERRAL TO
THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Ms. Sandra Jeffries, 111 Forest Park Boulevard, N. W., spoke in opposition
to the proposed methadone clinic to be located on Hershberger Road, N. W.
File #66
Mr. Robert Gravely, 729 Loudon Avenue, N. W., quoted Bible scripture.
File #66
Certification of Closed Session (7-0)
12
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clcrk@ci.roanokc.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 3, 2004
File #80-367
Ms. Kathyrn B. Clement
2228 Sedley Road
Charlotte, North Carolina 28211
Dear Ms. Clement:
I am enclosing copy of Resolution No. 36595-012004 memorializing the late Ernest W.
Ballou, a retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N~ HARTMAN
Assistant City Clerk
February 3, 2004
File #80-367
Mr. Robert S. Ballou
7017 Highfields Farm Trail, S. W.
Roanoke, Virginia 24018
Dear Mr. Ballou:
I am enclosing copy of Resolution No. 36595-012004 memorializing the late Ernest W.
Ballou, a retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely, ~
Mary F. CMC
City Clerk
MFP:ew
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 3, 2004
File #80-367
Mr. Ernest W. Ballou, Jr.
327 Wrens Way
Falls Church, Virginia 22046
Dear Mr. Ballou:
I am enclosing copy of Resolution No. 36595-012004 memorializing the late Ernest W.
Ballou, a retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N'. HARTMAN
Assistant City Clerk
February 3, 2004
File #80-367
Mr. Eric E. Ballou
3209 Noble Avenue
Richmond, Virginia 23222
Dear Mr. Ballou:
I am enclosing copy of Resolution No. 36595-012004 memorializing the late Ernest W.
Ballou, a retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. ParKer, CMC
City Clerk
MFP:ew
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 200/4.
No. 36595-012004.
A RESOLUTION memorializing the late Ernest W. Ballou, a native of Roanoke and
retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia.
WHEREAS, the members of Council learned with sorrow of the passing of Judge Ballou
on Tuesday, January 6, 2004;
WHEREAS, Judge Ballou grew up in Roanoke, was educated at Jefferson High School,
Roanoke College and Emory and Henry College, and received his law degree from the School of
Law of the University of Virginia in 1949;
WHEREAS, Judge Ballou served as a Naval officer aboard the destroyer escort U.S.S.
McClelland in the Pacific Theater during World War II, and was recalled to service during the
Korean Conflict and served on active duty for 18 months;
WHEREAS, Judge Ballou retired from the Naval Reserve in 1966, with the rank of
Commander;
WHEREAS, Judge Ballou practiced law for some 20 years, was one of the most
respected members of the Roanoke bar, and served as president of the Roanoke Bar Association;
WHEREAS, Judge Ballou in 1969 was appointed Judge of the Hustings Court of the City
of Roanoke, one of the courts that, under Virginia's Judicial Reorganization Act of 1973, became
the Circuit Court of the City of Roanoke, in the Twenty-third Judicial Circuit of Virginia;
WHEREAS, Judge Ballou thereafter served with distinction as Circuit Judge until his
retirement on December 31, 1986, afterwards sitting by designation in Roanoke and in difficult
and complex cases elsewhere in the Commonwealth;
WHEREAS, Judge Ballou focused on assuring that the business of the court was
promptly and justly disposed of, and his acumen, ability and energy earned him respect of the
legal community throughout the Commonwealth of Virginia, and he was a willing and able tutor
to young lawyers;
WHEREAS, Judge Ballou took the lead in working closely with the City of Roanoke to
assure that Roanoke's outmoded courthouse was replaced by a modem, safe, and adequate
structure approved and funded by action of City Council, rather than mandated by Court order;
WHEREAS, Judge Ballou was instrumental in bringing to Roanoke a random jury
selection system which assured that every segment of the community was fairly represented on
jury panels;
WHEREAS, Judge Ballou was a devoted husband, father, and grandfather, who enjoyed
spending time with his family, and was an avid weekend golfer.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of The Honorable Ernest W. Ballou, and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Judge
Ballou's daughter, Kathryn B. Clement, of Charlotte, North Carolina, and to his three sons,
Ernest Wade Ballou, Jr., of Falls Church, Virginia, Eric E. Ballou, of Richmond, Virginia, and
Robert S. Ballou, of Roanoke, Virginia.
ATTEST:
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 27, 2004
File #80-367
Mr. James (Jay) N. Kincanon, Jr.
1005 Lenoir Lane
Hardy, Virginia 24101
Dear Mr. Kincanon:
I am enclosing copy of Resolution No. 36596-012004 memorializing the late James N.
Kincanon, former City Attorney, and President/Secretary of the Roanoke Bar Association.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
MARY F. PARKER~ CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistan~ City Clerk
January 27, 2004
File #80-367
Mr. and Mrs. Peter B. Kincanon
1005 Lenoir Lane
Hardy, Virginia 24101
Dear Mr. and Mrs. Kincanon:
I am enclosing copy of Resolution No. 36596-012004 memorializing the late James N.
Kincanon, former City Attorney, and President/Secretary of the Roanoke Bar Association.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 27, 2004
File #80-367
STEPHANIE M, MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. and Mrs. John A. Kincanon
18722-A Vista Del Canon, Unit A
Newhall, California 91321
Dear Mr. and Mrs. Kincanon:
I am enclosing copy of Resolution No. 36596-012004 memorializing the late James N.
Kincanon, former City Attorney, and President/Secretary of the Roanoke Bar Association.
The Mayor, Members of Council and citizens of the City of Roanoke send their deepest
condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 2004.
No. 36596-012004.
A RESOLUTION memorializing the late James N. Kincanon, former City Attomey, and
President and Secretary/Treasurer 0fthe Roanoke Bar Association.
WHEREAS, the members of Council learned of the passing of Mr. Kincanon on
December 26, 2003;
WHEREAS, Mr. Kincanon was born in Clarksville, Mississippi, on January 8, 1912, the
son of a minister, who moved the family to Roanoke soon after his birth;
WHEREAS, Mr. Kincanon, who "read" the law, was self-taught and passed the State Bar
examination on his first try, becoming licensed to practice law in Virginia on June 30, 1934;
WHEREAS, Mr. Kincanon joined the Navy in 1942, during World War II, and was
Commanding Officer of LST-572, which took part in the Pacific campaign, delivering tanks,
trucks, troops, and supplies to various islands and participated in the invasion of Okinawa; and in
1944, on a 10-day leave, Mr. Kincanon both met and married Louisa Frances Booth, his wife of
60 years;
WHEREAS, Mr. Kincanon retired with the rank of Commander from the Naval Reserve
in 1971;
WHEREAS, Mr. Kincanon was hired as Assistant to the City Attorney on November 16,
1948, and was appointed City Attorney on May 5, 1965, and he served the City well and took
pride is his careful guardianship of the legal position of the City until his retirement on January
5, 1977;
WHEREAS, he served as a member of the City of Roanoke Centennial Commission and
the Roanoke Valley Bicentennial Commission and was a Director of the Roanoke Valley
Historical Society;
WHEREAS, in April of 1976, the Roanoke Valley Historical Society proposed to City
Council the renovation and restoration of the Crystal Spring Pumping Station building and the
71-year old Snow steam pump housed therein as a community Bicentennial project, and upon
Ci.ty Council's approval of the volunteer project, Mr. Kincanon worked diligently with numerous
individuals, organizations and businesses to make this project become a reality and by August,
1976, it was substantially complete and ready for public view; and
WHEREAS, Mr. Kincanon served as the Secretary-Treasurer of the Roanoke Bar
Association for 50 years, and after his retirement as Secretary-Treasurer, in honor of his long
service to the Roanoke Bar Association, the Board of Directors in 1997, established the James N.
Kincanon Scholarship Fund, of which he was particularly proud.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of James N. Kincanon, and extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Kincanon's widow, Frances B. Kincanon, Roanoke, Virginian, and to his sons and daughters-in-
law, Peter and Ellen Kincanon, Hardy, Virginia, James N. Kincanon, Jr., Roanoke, Virginia, and
John and Susan Kincanon, Santa Clarita, California.
ATTEST:
City Clerk.
H:LMEASURESh'-kincanonmemorial.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 2004.
No. 36597-012004.
A RESOLUTION memorializing the late Lawrence H. Hamlar, a native of Roanoke and
President and co-owner of Hamlar-Curtis Funeral Home.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hamlar
on Wednesday, December 31, 2003;
WHEREAS, Mr. Hamlar grew up in Roanoke and graduated from Virginia State College
and the Gupton-Jones School of Mortuary Science in Atlanta, Georgia.;
WHEREAS, Mr. Hamlar and his wife, Constance Johnson Hamlar, started Hamlar-
Curtis Funeral Home in 1952 with Cecil and Marilyn Curtis;
WHEREAS, Mr. Hamlar and several other African-American men who were avid golfers
formed the Pine Valley Golf Association in 1959, which operated the Claytor family golf course
to allow African-Americans to participate in the sport;
WHEREAS, Mr. Hamlar played an important role in ending segregation in Roanoke
during the 1960's through his involvement as a member of the biracial committee who helped
integrate local lunch counters, movie theaters, golf courses, and hospitals;
WHEREAS, Mr. Hamlar was a supporter of former Mayor Noel C. Taylor and helped to
launch Dr. Taylor's political career by serving as his first campaign manager;
WHEREAS, Mr. Hamlar was the first African-American member of Roanoke's exclusive
Shenandoah Club;
WHEREAS, Mr. Hamlar was an outspoken advocate of education and established funds
at Roanoke College and Virginia Western Community College to aid minority students;
WHEREAS, Mr. Hamlar was an active civic and business leader in the community and
served on the boards of many local organizations including the Roanoke City School Board,
Valley Bank of Roanoke, Roanoke College, Virginia Westem Community College, the Science
Museum of Western Virginia, Roanoke Symphony Orchestra, the Roanoke Ballet, the United
Negro College Fund, Total Action Against Poverty, and Explore Park;
WHEREAS, Mr. Hamlar also was a member of the Henry Street Revival Committee, the
Design '85 Steering Committee, the State Advisory Council of the Small Business.
Administration, the Citizens Committee for Higher Education, Action '94, and the National
Association for the Advancement of Colored People;
WHEREAS, Mr. Hamlar was awarded the Noel C. Taylor Distinguished Humanitarian
Award in 1993, named Citizen of the Year by Roanoke City Council in 2000, received an
honorary doctorate of humane letters from Roanoke College, and was included in the Jun/or
Achievement of Southwest Virginia Hall of Fame, the YMCA's Wall of Fame, and the Pine
Valley Golf Association Hall of Fame.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of Lawrence H. Hamlar, and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Hamlar's niece, Brenda S. Miller, of Roanoke, Virginia.
ATTEST:
City Clerk.
I:\ClerkXJanuary 20 2004Xr-hamlarmemorialresolution.doc
REGULAR WEEKLY SESSION--ROANOKE CITY COUNCIL
November 17, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 17, 2003, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Re.qular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch, and Mayor
Ralph K. Smith ......................................................................................... -7.
ABSENT: NONE--, ......................................................................... ~).
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 Charles Calloway,
Pastor, Maple Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
CITIZEN OF THE YEAR: Mr. Harris offered the following resolution
recognizing Alphonzo L. Holland, Sr., as City of Roanoke 2003 Citizen of the Year:
(#36538-111703) A RESOLUTION naming Alphonzo L. Holland, Sr., as
Roanoke's Citizen of the Year for the year 2003.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36538-111703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
N:\ckwb l\drafts~l 11703.wpd
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and
Mayor Smith .................................................................................. 7.
NAYS: None ......................................................................................... -0.
DIRECTOR OF FINANCE: On behalf of the Members of CoUncil and citizens of
the City of Roanoke, the Mayor advised that he was pleased to recogdize the
Director of Finance and his staff upon receipt of Excellence in Financial Reporting
Awards by the Government Finance Officers Association of the United States and
Canada relative to the City's Comprehensive Annual Financial Report and the
Annual Financial Report for the City's Pension Plan for the fiscal year ended June 30,
2002. He stated that the awards represent the highest standards in governmental
accounting and financial reporting.
PROCLAMATIONS: The Mayor presented a proclamation declaring
November, 2003 as Home Care and Hospice Month.
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
.. motion in the form, or forms, listed on the Consent Agenda and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a closed session to
discuss vacancies on boards and commissions.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 6, 2003, and recessed until Friday, October 17, 2003; the special meeting of
Council held on Wednesday, October 15, 2003; and the regular meeting of Council
held on Thursday, October 23, 2003, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... 0.
2
COMMITTEES-CITY COUNCIL: A communication from Mayor RalphK. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council~ pursuant to
Section 2.2.3711 (A)(I), Code of Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick 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.
Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .................. -- ....................................................................... 7.
NAYS: None ..................................................................................... O.
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication
from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare,
advising that the term of office of John M. Hudgins, Jr., as an at-large member of the
Blue Ridge Behavioral Healthcare Board of Directors, will expire on December 31,
2003, was before Council'. ~
It was further advised that according to §37.1-196, Code of Virginia (1950), as
amended, Community Services Board members are eligible to serve three full
three-year terms of office; therefore, it is requested that Council ratify the
reappointment of Mr. Hudgins for a second term of office, commencing January 1,
2004 and ending December 31, 2006.
It was explained that the by-laws of Blue Ridge Behavioral Healthcare require
that appointments of at large Board members be ratified by all Community Service
Board participating localities.
Mr. Fitzpatrick moved that Council concur in the reappointment of John M.
Hudgins, Jr., as above described. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ......................................................................................... 7.
NAYS: None ..................................................................................... --0.
. COMMITTEES-SCHOOLS: A communication from Michael F. Urbanski
tendering his resignation as a member of the Virginia Western Community College
Board, was before Council.
Mr. Fitzpatrick moved that Council accept the resignation and receive and file
the communication. The motion was seconded by Mr. Dowe and adopted' by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .......................................................................................... 7.
NAYS: None ........................................................................................ 0.
COMMITTEES-PARKS AND RECREATION-GREENWAY SYSTEM: A
communication from Brian Shepard tendering his resignation as a member of the
Parks and Recreation Advisory Board and the Roanoke Valley Greenway
Commission, was before Council.
Mr. Fitzpatrick moved that Council accept the resignation and receive and file
the communication. The motion was seconded by Mr. Dowe and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .................................................................................. ' ......... 7.
NAYS: None ......................... ; ............................................................. -0.
COMMITTEES-ROANOKE CIVIC CENTER-INDUSTRIES-ARCHITECTURAL
REVIEW BOARD: The following reports of qualification were before Council:
Debbie Conner as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2006;
F. Gordon Hancock as a Director of the Industrial
Development Authority of the City of Roanoke, for a term
ending October 20, 2006; and
Jon Stephenson as a member of the Architectural Review
Board, for a term ending October 1, 2007.
M.\ekwh l \drafts\ 111703.wod
4
Mr. Fitzpatrick moved that the report of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote: ~
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ......................................................................................... 7.
NAYS: None ..................................................................................... ---0~
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS ANDCOMMUNICATIONS:
SEWERS AND STORM DRAINS: Paul Dotson, Realtor, MKB Realtors, and
Glenn Rosendahl, Financial Director, College Lutheran Church, Salem, Virginia,
advised that a lot on Manning Road, N. W., was recently donated to
College Lutheran Church; however, when the Church attempted to sell the lot it was
discovered that no septic~system or sewer system currently serves Manning Road.
Under the City's newly established sewer line policy, he stated that City staff advises
that it would cost approximately $50,000.00 to install a sewer system to serve the lot
in question, with theCity funding one half of the cost and the property owner funding
the other one half; however, the value of the lot donated to the Church is $13,500.00,
therefore, it would be counter productive for the Church to invest $25,000.00 for a
sewer line to serve the lot. He requested that Council authorize a special permit to
allow construction ora septic tank on the lot donated to College Lutheran Church on
Manning Road.
The City Manager presented a map of the area under discussion and advised
that the lot which was donated to the Church is located at the end of a site where it is
estimated that it would cost approximately $50,000.00 to construct a sewer line; the
sewer line would pass two undeveloped lots and five lots that currently have septic
tanks, and, pursuant to policy adopted by Council several months ago, not only
would the two vacant lots be required to connect to the sewer system upon
development, but if and when septic tanks currently serving the five lots fail, owners
of the lots will be required to connect to the public sewer. She stated that the map
indicates that approximately 60 acres could be served by a sewer line in the area and
City staff has not determined if the other lots are developable in other ways. She
explained that under current provisions adopted by Council, the City could
participate at the 50 per cent level, or authorize installation of a septic tank, and
given that there are a number of lots that could be served by a sewer extension, she
has been unwilling to indicate that a septic tank could be installed on the lot. She
suggested that the City Attorney prepare a measure for consideration by Council to
provide that the City of Roanoke will bear the total cost of the sewer line extension
and prorate costs against those lots that could be served by the sewer line; since
approximately eight lots are involved, the cost would be in the range of $6,500.00 per
lot which is comparable to the cost of a septic tank installation; and as other lots
come on line, or as septic tanks fail, property owners could be assessed the
appropriate amount for connecting to the sewer line. Given the fact that the Council
has expressed an interest in eliminating septic tanks in the City, she advised that the
above referenced suggestion would be the most favorable alternative.
There was discussion in regard to the time frame for construction of the sewer
line; whereupon, the City Manager advised that the sewer line could be constructed
within approximately nine months.
Following discussion with regard to the potential benefit to other lots in the
area, in which it was noted that assuming it will cost $50,000.00 to extend the sewer
line approximately 1200 feet, the next 1200 feet would most likely not amount to
another $50,000.00; therefore, it would be to the City's advantage to look at the
potential benefit to other development in the area.
Without objection by Council, the Mayor advised that the matter would be
referred to the City Manager for report to Council with regard to including the entire
60 acre area in the recommended sewer line extension,
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SCHOOLS-EQUIPMENT: The City Manager submitted a communication
advising that in the past, the City has held a semi-annual auction of surplus
property; an average of 85% of proceeds of the sale has been from vehicles and
heavy equipment; in 2002, vehicles/heavy equipment sales totaled $76,525.00 for 46
pieces of equipment; miscellaneous sales, items other than vehicles and heavy
equipment, totaled $13,894.00 in 2002; in mid July 2003, the City began using an on-
line auction (eSurplusAuction.com) to sell vehicles and heavy equipment; and the
City has received $112,000.00 for 43 items, including vehicles and other pieces of
equipment through on-line auction in the first quarter of sales.
It was further advised that 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 $14,000.00
annually; and annual cost for surplus sales, excluding the auctioneer's percentage,
is almost $5,000.00, including approximately $2,000.00 for advertising.
6
~a.\~lrxxth 1 \clr~fi~\l 11 7133.wnd
It was explained that the Roanoke City Public Schools (RCPS) also hdlds semi-
annual auctions of surplus property, and has space for storage of surplus property;
by combining City and Schools miscellaneous surplus, duplicate advertising costs
of approximately $2,000.00 per year would be eliminated, producing higher net
income; and the school system has agreed at an administrative level to follow the
outlined proposal in regard to disposition of surplus property:
Reallocate to City departments.
Attempt to sell vehicles and other items of significant value on the
internet, or by other appropriate means.
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.
Any surplus Property not disposed of as above described 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.
It was noted that disposal of surplus property in some other way than outlined
above may be done only by separate action of Council; i.e.: a gift of surplus
property to another public body, or to a non-profit agency, will require action by
Council.
The City Manager recommended that Council approve the above described
disposition of surplus property policy, provided that Council may dispose of any City
surplus property in a manner other than that which is above set forth and as may be
deemed appropriate by Council.
Mr. Dowe offered the following resolution:
(#36539-111703) A RESOLUTION setting forth a policy for the disposition of
City Surplus Tangible PersOnal Property.
(For full text of Resolution, see Resolution Book No. 68.)
N:\ckwb l\drafts\l 11703.wpd
7
.. Mr. Dowe moved the adoption of Resolution No. 36539-111703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt; Bestpitch
and Mayor Smith ................................................... : .................................. .7 ....... 7.
NAYS: None ......................................................................................... -0.
HARRISON HERITAGE CENTER.TOTAL ACTION AGAINST POVERTY: The City
Manager submitted a communication advising that 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 $4,098,184.00; since that time, the budget has increased to $4,861,496.00~
as the 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
$500,000.00 in project funding over three fiscal years beginning in fiscal year 2002-
2003, which request was later modified to allow funding to be phased beginning in
fiscal year 2003-2004 over a period of five fiscal years; City staff recommended that
the $500,000.00 request be funded in a similar fashion to the Grandin Theater project,
with $100,000.00 being provided each year over five years, beginning with fiscal year
2003-2004; and funding would be provided by agreement as approved by Council,
subject to the following provisions:
· Certification of the availability of matching funds;
City funds will be used sblely 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.
8
N:\ckwbl\drafts\l 11703.wpd
It was further advised that funding will be appropriated annually from the
capital Maintenance and Equipment Replacement Program, which has already been
done for fiscal year 2003-2004, with funding available in Account No. 008.310-9799-
9132.
The City Manager recommended that she be authorized to enter into an
agreement with Total Action Against Poverty, in a form to be approved by the City
Attorney, to renovate and equip the Dumas Center for Artistic Development.
Mr. Harris offered the following ordinance:
(#36540-111703) 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36540-111703..The motion
was seconded by Mr. Cutler.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to the amount of
funds requested by Total Action Against Poverty, and whether funds will be used
specifically for a separate addition for the Harrison Museum of African-American
Culture.
It was clarified that TAP and the Harrison Museum have requested an
additional $400,000.00 to be specifically dedicated for a new addition to the older
building, or 100 per cent for the Harrison Museum; however, the Ordinance currently
before the Council provides a mechanism to implement Council's earlier agreement
to provide $500,000.00 over five years for renovating and equipping the Dumas
Center for Artistic Development.
Ordinance No. 36540-111703 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .......................................................................................... 7.
NAYS: None ......................................................................................... 0.
N:\ckwb 1 \drafts\l 11703.wpd 9
FLOOD REDUCTION/CONTROL: The City Manager submitted a communication
advising that utility relocation is a part of the Roanoke River Flood Reduction
Program, which is being designed by the Corps of Engineers; and on March 18, 1991,
the City entered into a contract with Hayes, Seay, Mattern and Mattern, Inc., for work,
including design of all relocations required by the Flood Reduction Program.
It was further advised that due to steep river banks near Hamilton Terrace and
Belleview Avenue, S. E., it is necessary to realign a portion of Piedmont Street near
its intersection with Hamilton Terrace and a portion of Hamilton Terrace, near its
intersection with Belleview Avenue, to accommodate the proposed greenway which
is a part of the Flood Reduction Project; part of the proposed realignment will allow
the proposed greenway to connect to the new pedestrian bridge over the Roanoke
River constructed by Carillon; and cost to design realignments will be $31,212.00.
The City Manager explained that approval by Council is required inasmuch as
the amount of the amendment, combined with two prior amendments, exceed 25 per
cent of the contract amount initially allocated for the project; and funding is available
in Capital Projects Fund, Account No. 08-056-9620, Roanoke River Flood Reduction.
The City Manager recommended that she be authorized to execute
Amendment No. 1A3, in the amount of $31,212.00, to the contract with Hayes, Seay,
Mattern and Mattern, Inc., for the Roanoke River Flood Reduction Utility Relocation
Project.
Mr. Harris offered the following resolution:
(#36541-111703) A RESOLUTION authorizing the City Manager's issuance of
Amendment No. IA3 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 with 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.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36541-111703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: NONE ........................................................................................ 0.
N:\ckwb 1 \drafts\ 111703.wpd 10
ZONING: The City Manager submitted a communication advising that
currently, the Zoning Ordinance provides for a single definition of a medical clinic,
defining such as "an establishment which officers medical - or health - related
counseling or treatment (including diagnosis), including dental, optical and
psychiatric treatment where treatment is offered by more than two licensed
professional medical practitioners."
It was further advised that 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; and 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 the City's current zoning
ordinance definition.
The City Manager explained that to address potential adverse impacts of some
types of medical clinics as currently defined by the Zoning Ordinance, one
alternative would beto maintain the current broad definition of medical clinics, and
to regulate the facilities 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 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.
Itwas advised that in order to better define and to 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 Zoning Ordinance, as
follows:
"Outpatient Mental Health 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 medical practitioners."
11
N :\ckwb 1 \drafts\ 111703.wpd
It was explained that the proposed amendments will provide a specific
process or the review and approval of these types of medical facilities, including
general public notice of such proposed use, notification of abutting property owners,
and a public hearing by the Board of Zoning Appeals; and this option allows for
retention of the current definition and regulation of other types of medical clinics as
originally contemplated by the Zoning Ordinance. "
The City Manager advised that the City of Roanoke recently became aware of a
plan by a specific company to establish a methadone clinic within the City limits, and
specifically at a location off Hershberger Road, N. W.; when the City first became
aware of the proposal, City staff immediately contacted the appropriate State
department to determine the status of any application; and it was determined that
there is no requirement for the State to advise localities when an application is made.,
for such purpose~ She explained that under the City's current zoning regulations,
there is a requirement for special exception for certain medical clinics in the C-1 and
CN Districts, but no such requirement applies to the C-2 District where the applicant
is currently considering the location of a methadone clinic. She pointed out that the
proposed clinic does not have a license at this time from the Commonwealth of
Virginia; the applicant has not completed the application process, the City has not
issued a Certificate of Occupancy for the facility; and City staff has attempted to
contact representatives of the methadone clinic, who are in the process of exercising
a lease on the property. In view of the fact that as a community, the City of Roanoke
did not receive notice, or have an opportunity to comment on the type of clinic,
which presents certain challenges in terms of traffic and other issues, she stated
that an amendment to the zoning ordinance is proposed.
The City Manager recommended that Council engage in a joint public hearing
with the City Planning Commission on Monday, December 15, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard. She advised that it is proposed that
this type of operation would be permitted only in the C-2, General Commercial
District, upon issuance of a Special Exception by the Board of Zoning Appeals; the
proposed action is appropriate given the concern of the community, the Members of
Council and the City administration regarding the placement of these types of
facilities; and the City in no way wishes to suggest that those in need of treatment
should not have an appropriate facility in which to be treated, but it is believed that
the location of this type of facility should come under the purview of the zoning
ordinance and specifically the Board of Zoning Appeals.
Mr. Fitzpatrick offered the following resolution:
12
N:\ckwbl\drafts\l 11703.wpd
(#36542-111703) A RESOLUTION initiating on behalf of the Council of the City
of Roanoke, an amendment to {}36.1-25, Definitions, and {}36.1-204, Special ~xception
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.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36542-111703.
motion was seconded by Mr. Bestpitch.
The
There was discussion as to whether all possible situations have been
addressed; whereupon, the City Manager advised that the proposed definition will
address a number of treatments, mental health disorders, alcohol, drug or substance
abuse disorders, and includes the dispensing of medications; City staff has
attempted to include as many issues as possible, but in a rapidly changing world,
there can be no assurance that all activities have been identified. She added that the
item, which was added to the City's 2004 Legislative Program, will prompt
discussion at the State level about the kinds of activities that should be reported to
localities, and at some time in the future, it may be necessary to further amend the
definition, or to add new definitions.
Brenda Hale, President, Roanoke Branch, NAACP, 3595 Parkwood Drive, S. W.,
expressed concern regarding the proposed methadone clinic at 3208 Hershberger
Road, N.W. She advised that of paramount concern to the northwest community is
the close proximity of the facility to three schools, the potential endangerment of
children, and a potential increase in drugs and criminal activity. She stated that
individuals must also realize that patients are entitled to medical treatment for their
maladies; demographics of opiate addiction affect individuals of all social and
economic conditions; haste to judge and to condemn is not the answer; patients
have the right not to be discriminated against; in January, 2003, the U. S. District
Court, District of Massachusetts, held that a City ordinance which prohibited the
operation of methadone clinics for individuals with opiate addition violated the
Americans with Disabilities Act; the City of Massachusetts had previously enacted a '
zoning ordinance against a center that provided methadone treatment for individuals
with drug additions; the ordinance prohibited the methadone treatment center from
operating within two miles of a school, and because every possible location was
within two miles of a school, the center could not operate in the City; in contrast, the
City of Massachusetts allowed other clinics to operate in business or industrial
zones, and the City of Massachusetts was found to be discriminatory against drug
and alcohol rehabilitation programs, the clients of which are qualified individuals
with a disability; and the City of Massachusetts did not show that the placement of
the methadone clinic in a business or industrial zone posed a significant risk to the
safety of the school community. She called attention to numerous C-2 zoned
13
N:\ckwb l\drafis\l 11703.wpd
buildings in certain areas throughout the City 0f Roanoke that are not located near
schools; under the Code of Virginia, City Councils have the authority to regulate
operations such as massage and tattoo parlors that are held to stricter regulationS;
and a pending clinic can be regulated referencing issues such as hours of operation,
number of days authorized to be open, parking regulations, sanitation, and
management of bio hazardous waste, etc. She asked that the City maintain an open
book as issues evolve.
Daniel M. Hale, Jr., 4425 Oleva Street, N. W., President, Middle Court
Neighborhood Association, expressed the shock, dismay and outrage of his
neighborhood organization at the proposal of introducing a methadone treatment
center by the Virginia Treatment Center; and residents are shocked that an
application to dispense methadone in Roanoke City has been on file in Richmond for
over a year, yet City officials had no knowledge of the application until recently. He,
stated that residents are dismayed that past and present City Councils and City
Managers have continued to allow Roanoke City generally, and northwest Roanoke
specifically, to be repositories of negative impact social service programs designed
to benefit the greater Roanoke Valley at the expense of Roanoke City
neighborhoods. He expressed concern that the City Planning Department did not
alert the City's Department of Housing and Neighborhood Services so that
neighborhood organizations could be immediately notified of the proposed
methadone clinic on Hershberger Road. He advised that historically in Roanoke, the
neighborhoods of Iow income and mixed minority citizens appear to be the dumping
ground for objectionable initiatives borne of questionable public policy; therefore,
the citizens of northwest Roanoke demand the following actions from Council: an
immediate report detailing the current status and time line for rewriting the zoning
ordinance, direct the City Manager tO design and implement a system to provide
early warning to citizens of future social invested programs as to when they are
going to be introduced into Roanoke City neighborhoods, direct the City Manager to
compile a list of recommendations that will maintain and enhance the quality of life
in the area of the proposed clinic and mitigate any negative impact that the clinic
might have on the neighborhood's quality of life which should include
recommendations on public safety, housing, transportation, and health department
components, and report to the Roanoke Neighborhood Advocates on neighborhood
implications as a result of the proposed clinic. In closing, he advised that Roanoke's
neighborhoods generally believe that the City Manager has done an outstanding job
in helping to improve living conditions.
Resolution No. 36542-111703 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................ 0.
14
N:\ckwbl\drafts\l 11703.wpd
REPORTS OF COMMITTEES:
COMMITTEES-LEGISLATION: Council Member William D. BestPitch, Chair,
Legislative Committee, presented a written report of the Committee, transmitting the
City's proposed 2004 Legislative Program. He advised that six primary initiatives
were adopted in keeping with the City's practice to limit the number of legislative
requests to no more than five-six, in order to concentrate efforts on a smaller
number of issues, the goal of which is to reach a level of success with a limited
number of items. He reviewed the following legislative requests:
"1. Advisory Public Referenda-There are numerous 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."
Mr. Bestpitch advised that the City of Roanoke currently does not have the
ability to schedule advisory referenda on a number of issues without acquiring
specific legislation from the General Assembly, whereas, other localities in Virginia
have that capability; it was discovered that there are different requirements from
locality to locality, therefore, it is difficult to know which model would be best for the
City of Roanoke; and the City's request is that the General Assembly will conduct a
study of the various mechanisms and determine a greater degree of uniformity
across the state for all localities.
"2.
Support for Rail Transportation Development Authority-The City
of Roanoke supports the required re-enactment 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."
Mr. Bestpitch advised that legislation was introduced last year by Roanoke's
Senator John Edwards, which legislation is required to come before the General
Assembly for reconsideration in 2004; and, as a railroad town, the City of Roanoke
understands the importance of improving rail capability and the importance of
supporting its Senator on this important initiative.
15
N:\ckwb 1 \drafts\l 11703.wpd
"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 Section 29.1-521 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.
"6.
Health Department-The City's Health Department needs an
additional appropriation this year of at least $187,598.00 for
furnishings and rent, and $158,990.00 a year thereafter for rent so
that it can consolidate its operations and move into the new
Human Services Building on Williamson Road."
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."
Mr. Bestpitch called attention to two additional items that were received
following the last meeting of the Legislative Committee; i.e.: a recommendation by
the Interim Director of the Department of Social Services in regard to funding for the
Virginia Initiative for Work, or VIEW Program; however, the item will not be included
in the City's formal Legislative Program, but is an issue that legislators should be
aware of. He advised that a second item pertains to the licensure and zoning for
certain substance abuse treatment facilities, and called attention to wide spread
concern by citizens of the City of Roanoke regarding the possibility of a methadone
treatment clinic on Hershberger Road, N.W. He explained that the City learned in the
past two weeks that the State has been aware of the possibility of the proposed
methadone clinic on Hershberger Road for a number of months, but the City did not
receive information until recently. He reviewed the following language which is
recommended by the Legislative Committee for inclusion in the City's proposed 2004
Legislative Program:
16
N:\ckwb l \drafts\ 111703.wpd
Notice of Applications for Methadone Clinics-Section 37.1-179.1, COde
of Virginia, should be amended to require the Commissioner of Mental
Health, Mental Retardation, and Substance Abuse to notify localities of
pending applications for methadone dispensing facilities. The
following sentence should be added to Section 37.1-179.1:
"No license shall be issued to any provider unless and until the
commissioner shall have provided notice to the governing body of the
locality in which such provider will be located, and at least thirty (30)
days time allowed for the governing body to submit comments to the
commissioner on the suitability of the proposed location of the provider
and its conformance to the Iocality's comprehensive plan."
Mr. Cutler moved that the above referenced item be included as Item No. 7 in
the City's 2004 Legislative Program. The motion was seconded by Ms. Wyatt and
adopted.
Mr. Bestpitch offered the following resolution approving the City's 2004
Legislative Program, as above amended:
(#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.
(For full text of Resolution, See Resolution Book No. 68.)
Mr. Bestpitch moved the adoption of Resolution No. 365430-111703. The
motion was seconded by Mr. Cutler.
The Mayor advised that he will vote against the City's 2004 Legislative
Program because it will not be approved in its entirety by the General Assembly. He
referred to the item pertaining to advisory public referenda and advised that the City
is requesting the General Assembly to study those mechanisms currently in place
that allow for a referendum, even though numerous cities and towns in Virginia
currently provide for an advisory referenda; sending the request to the General
Assembly for a study in 2004 will ensure that the item will not pass the General
Assembly in 2004 or 2005 inasmuch as the City is asking that the General Assembly
study the issue and not specifically asking for the privilege of holding an advisory
referenda. He added that the citizens of the City of Roanoke have stated that they
want the privilege, under certain circumstances, of having an advisory referenda,
and the recommendation currently before the Council is a way to eliminate the
possibility of an advisory referenda in the coming year by asking for a study.
17
N:\ckwb 1 \drafts\ 111703.wpd
Council Member Fitzpatrick advised that the General Assembly is not likely to
grant the City's request for an advisory referenda until it has a much better
understanding of implications, if any, and even though Council supports an advisory
referenda for citizens of the City of Roanoke, the matter is not likely to be passed by
the General Assembly during the 2004 Session. ..
Mr. Bestpitch concurred in the remarks of Mr. Fitzpatrick and emphasized that
the process differs from city to city; the City of Roanoke does not have staff
capabilities to perform the study as a City project, compared to the resources that
are available to the State through various State agencies, such as JLARC, etc. He
advised that the majority of the Council has indicated that it supports a study that
will move toward a more uniform process for localities across the Commonwealth of
Virginia, which would be available to the citizens of every Virginia locality on a.
consistent basis, regardless of where they live.
Council Member Wyatt spoke in support of an objective study that will be fair
to the citizens by taking politics out of the decision.
Following further discussion, Mr. Fitzpatrick called for the question. The
motion was seconded by Mr. Harris and adopted, Mayor Smith voting no.
Resolution N°. 3654-111703 was adOpted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, WYatt and
Bestpitch ........................................ ~ ............................................................ -6.
NAYS: Mayor Smith .............................................................................. 1,
SCHOOLS: A communication from the Roanoke City School Board requesting
approval of the following appropriations and transfers; and a report of the Director of
Finance recommending that Council concur in the request, was before the body.
$142,174.00 from the 2003-2004 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.
18
N:\ckwbl\drafts\l 11703.wpd
$97,429.00 for the Title I School Improvement program at the Roanoke
Academy for Mathematics and Science; 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, which continuing program is
100 percent reimbursed by Federal funds.
Mr. Bestpitch offered the following budget ordinance:
(#36544-111703) AN ORDINANCE to appropriate funding for equipment from
the Capital Maintenance and Equipment Replacement Program (CMERP) and the
School Food Service 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Bestpitch moved the adoption of Ordinance No. 36544-111703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith ............................................................................................................. -6.
NAYS: None ....................................................................................... -0.
(Council Member Fitzpatrick was outof the Council Chamber when the vote was
recorded.)
LOANS-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund loan application, in the
amount of $3.1 million, for improvements to Westside Elementary School, advising
that the loan application includes a resolution for architectural supervision; and debt
service on the loan will increase the School Board's debt service expenditure by
$248,000.00, commencing in fiscal year 2005-06, but no debt service liability will be
incurred until funds are drawn against the loan account, was before Council.
A second communication from the School Board requesting that Council
approve a State Literary Fund loan application, in the amount of $1.6 million for
improvements to Fallon Park Elementary School, advising that the loan application
includes a resolution for architectural supervision; debt service on the loan will
increase the School Board's debt service expenditure by $128,000.00, commencing
in fiscal year 2005-06, but no debt service liability will be incurred until funds are
drawn against the loan account, was also before the body.
19
N:\ckwbl\drafts\l 11703.wpd
A report of the Director of Finance advising that included in the adopted
capital Improvement Program for fiscal years 2004 - 2008 is funding of $5.0 million
for improvements to Fallon Park and West Side Elementary Schools; funding for
improvements are to be provided by the Schools using the most financially
advantageous combination of general obligation public improvement .bonds,
Virginia Public School Authority Bonds and Literary Fund loans; and Literary Fund
loans are advantageous due to the Iow three per cent interest rate which may be
obtained, was before Council.
The Director of Finance recommended approval of the loan applications by
Council.
'. Ms. Wyatt offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
Ms. Wyatt moved the adoption of Resolution No. 36545-111703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith ............................................. ; ............................................................ -6.
NAYS: None ........................................................................................ -6.
(Council Member Fitzpatrick was out of the Council Chamber when the vote was
recorded.)
Mr. Harris offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36546-111703. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
20
N:\ckwb 1 \drafts\ 111703.wpd
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith ............................................................................................... ---------6.
NAYS: None ........................................................................ ~ ......... ~.
(Council Member Fitzpatrick was out of the Council Chamber when the vote was
recorded.)
Ms. Wyatt offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
Ms. Wyatt moved the adoption of Resolution No. 36547-111703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith .......................................................................................................
NAYS: None-;- ................................................................................... --0.
(Council Member Fitzpatrick was out of Council Chamber when vote was recorded.)
Mr. Harris offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36548-111703. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
N:\ckwb 1 \drafts\ 111703 .wpd 21
. AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ...............................................................................................
7.
NAYS: None ................................................ ~ ................................. 7 ...... -0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS:NONE.
CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY COUNCIL: Assistant City Manager for Community Development, ROlanda
Russell's husband, having recently sustained a serious eye injury, Council Member
Dowe requested that he be remembered in prayer.
CELEBRATIONS-HOUSING/AUTHORITY: 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, City
of Roanoke Redevelopment and Housing Authority, effective December 15; 2003.
CITY CODE.ZONING.SIGNSIBILLBOARDSIAWNINGS: Council at its meeting
on Monday, October 23, 2003, having tabled an ordinance amending Section
36.1-455, of the Code of the City of Roanoke, (1079), as amended, to permit the
relocation of existing roof signs within the H-I, Historic District, Mr. Fitzpatrick
moved that the ordinance be removed from the table. The motion was seconded by
Mr. Harris and unanimously adopted.
Mr. Fitzpatrick offered the following ordinance:
N:\ckwbl\drafis\l 11703.wpd 22
(#36549-111703) AN ORDINANCE amending and reordaining §36.1-445,
Additional si.qn re.qulations, Division 3, Si.qn Re.qulations, Article IV, Supplementary
Re.clulations, of Chapter 36.1, Zonin.q, 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36549-111703. The
motion was seconded by Mr. Dowe.
David Diaz, President, Downtown Roanoke, Inc., referred to a letter of
agreement among those parties that are working to restore the H & C Coffee Sign
and to relocate the sign to the top of the Shenandoah Hotel building as a first
preference.
(The letter of agreement was not filed with the City Clerk.)
There being no discussion, Ordinance No. 36549-111703 was adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and
Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
STREETS AND ALLEYS: Council Member Wyatt referred to recent repairs to
the sidewalk at 14th Street, S. E., and installation of ground cover which was recently
destroyed by vandals. She requested that the City make the necessary repairs.
TRAFFIC: 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.
TRAFFIC: Council Member Wyatt requested confirmation by the City Manager
that Williamson Road will include two lanes of traffic in each direction; whereupon,
the City Manger confirmed that there will be a minimum of two lanes of traffic in each
direction, with some left turn lanes to facilitate traffic.
LIBRARIES: Vice-Mayor Harris commended staff of the Roanoke Public
Library on the Bookfest which was held on November 14 - 15, 2003, and expressed
appreciation to the Roanoke Public Library Foundation for sponsoring the event.
N:\ckwb l\drafts\l 11703.wpd 23
* AIRPORT' The Mayor called attention to a September, 2003 article in Womans
WOrld, a nationa'l 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, and 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 the more votes that are received from the
Roanoke area, the greater the chance of attracting a discount air carrier 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.
POLICE DEPARTMENT-ARMORY/STADIUM-CITY EMPLOYEES: Mr. John E.
Kepley, 2909 Morrison Street, S. E., referred to an article in the November 13, 2003
edition of The Roanoke Times entitled, "Bids Exceed Allocated Budget for Stadium".
He stated that in this article, as well as other newspaper articles, the City Manager
has guaranteed that the stadium/amphitheater project will be completed for $18
million or less; bids which were recently opened exceeded the budgeted amount by
$2 million, and major construction such as the pedestrian walkway to be constructed
over Orange Avenue and the football stadium turf were left out of the bids, as well as
other important items. He referred to the Nautilus Waterfront Science Museum in the
City of Norfolk which was constructed during the time that Roanoke's City Manager
served as Assistant City Manager and opened in 1994; the City Council of Norfolk
budgeted $30 million for the project; the Museum went over budget by $22 million,
for a total of $52 million; the $52 million Museum was intended to support itself
through operating income which did not occur due to lack of attendance, therefore,
admissions fees were slashed four times over a five year period from 1994 to 1999,
or a 44 per cent reduction, He added that the Norfolk City Council borrowed money
to continue the City's support of the project, along with other projects that exceeded
the budget; and Norfolk's bond rating went down from a AAA to a AA to an Al
because of the City's slow growth rate and its rising debt. He noted that the City
Council of Norfolk, in order to finance a range of projects, was forced to withdraw its
application for Federal loan guarantees and to borrow money from private banks; in
order to borrow money, the City of Norfolk was forced to put up certain buildings as
collateral (Scope Chrysler Hall and the Waterside Convention Center); and in May
1995, in a effort to help with spiraling debt, higher taxes, fees and fines were
imposed. He called attention to increased fees and fines that have been imposed on
the citizens of the City of Roanoke over the past four years, and within the last five
years real estate taxes have risen 21.3 per cent. He inquired if the citizens of the City
of Roanoke are to share in the same fate as the City of Norfolk, i.e.: a growing debt
load.
N:\ckwb 1 \drafts\l 11703.wpd 24
Mr. E. Dwayne Howard, 508 Walnut Avenue, S. W., called attention to recent
newspaper articles in connection with a City survey that reveals Iow morale among
Roanoke City Police Officers relative to poor pay and leadership. He stated that Iow
morale is equally pervasive not only among City residents, but with persons
throughout the Roanoke Valley, as it relates to the City Manager, the Chief of Police
and City Council. He referred to a situation where a Police Officer was promoted to
Sergeant with no salary increase, and the wasteful spending of over $2200.00 of
taxpayers' money on a banner at Victory Stadium which should be placed at the
Orange Avenue/VVilliamson Road site of the proposed new stadium/amphitheater.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., commended an adjacent locality
for allowing its voters the right to decide a very controversial issue which
represented the democratic way and set a good example for building character. She.
referred to proclamations recently issued by the Mayor in connection with Building
Character and National Historic Preservation Week, which stated that historic
preservation is an effective tool for maintaining community character and is
important in preserving the tangible aspects of heritage that all residents of the City
of Roanoke share. She inquired as to why the Council has taken actions contrary to
both the Building Character and Historic Preservation proclamations by continuing
with plans to construct an unwise, unwanted, expensive and unsafe stadium, a
stadium without seats or a scoreboard, and with a playing field that may be
contaminated, and a stadium where there will be limited parking spaces because the
pedestrian bridge is no longer in the plans, She asked if the City is exposing present
and future generations of Roanokers to an astronomical and unwanted debt in a
toxic environment. She advised that decisions are revokable and knowing when to
cut losses is a key factor to effective management.
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, addressed Council with
regard to renovating Victory Stadium. He referred to the days when VMI and VPI
played their annual Thanksgiving Day Football Games at Victory Stadium, and the
vitality of the stadium and the City of Roanoke overall due to the level of attendance,
all of which generated additional tax dollars for the City of Roanoke. He advised
that the present Victory Stadium could be renovated in order to attract football
games by major colleges and universities which would again generate major tax
dollars for the City's coffers. He commended the City on painting and paving the
roadway surface around Victory Stadium, and advised that there is sufficient parking
in the area of Victory Stadium and the Carilion parking facility, along with on street
parking, to accommodate as many as 20,000 vehicles. He stated that people will use
Victory Stadium if the facility is marketed properly. He again suggested that a United
States Flag be flown at Victory Stadium to honor the memory of World War II
veterans.
N:\ckwbl\drafls\l 11703.wpd 25
CITY MANAGER COMMENTS:
LIBRARIES: The City Manager commended staff of the Roanoke Public Library
on the success of the Bookfest which was held on .November 14 - 15, 2003. She
referred specifically to the young writers group that was recognized during the
event.
ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES: The City Manager
acknowledged Chuck Grant, an employee in 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.
ACTS OF ACKNOWLEDGMENT-COMMUNICATIONS DEPARTMENT: 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
Roanoke's population category. She further advised that the City of Roanoke is the
only city in the nation to receive this recognition for three consecutive years.
ROANOKE CIVIC CENTER: 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 on Orange Avenue/Williamson Road to the Roanoke
Civic Center parking lot and other aspects of the total stadium project that were not
included in the recent bidding process.
The City Manager advised that within the $18 million budget, seats, turf and a
pedestrian bridge have been accounted for; however, some are specialty items that
do not require the skills of a general contractor. She stated that approximately $3
million of the total budget for various items has been set aside within an individual
budget for each item, with bids to be received at the appropriate time, as the item
becomes a part of the construction process; therefore, the City will, in effect, serve
as its own general contractor and will avoid the mark up on subcontractors that are
typically employed by the general contractor which could amount to as much as ten
per cent, or approximately $300,000.00.
At 4:15 p.m. the Mayor declared the meeting in recess for one Closed Session.
At 5:15 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Council Member Fitzpatrick..
N:\ckwbl\drafls\l 11703.wpd 26
COUNCIL: Mr. Bestpitch moved that Council convene in Closed Session to
discuss a personnel matter with regard to the position of City Treasurer, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia, 1950, as amended. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith ........................................................................................................... -6.
NAYS: None ........................................................................................ --0.
(Council Member Fitzpatrick was out of the Council Chamber when the vote was
recorded.)
At 5:20 p.m., the Mayor declared the meeting in recess.
At 6:30 p.m., the Council meeting reconvened in the Council Chamber, with
Mayor Smith presiding, and all Members of the Council in attendance, with exception
of Council Member Fitzpatrick.
COUNCIL: With respect to the Closed Session 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 Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor
Smith ............................................................................................................ 6.
NAYS: None ......................................................................................... -0.
(Council Member Fitzpatrick was absent.)
COMMITTEES-INDUSTRIES: The Mayor advised that there is a vacancy on the
Industrial Development Authority, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Linda Frith.
There being no further nominations, Ms. Frith was appointed as a
Commissioner of the Industrial Development Authority, for a term ending October 20,
2007, by the following vote:
N:\ckwb 1 \drafts\ 111703.wpd 27
FOR MS. FRITH: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Smith ............................................................................................... -6.
(Council Member Fitzpatrick was absent.)
COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a
vacancy on the Advisory Board of Human Services, and called for nominations to fill
the vacancy.
Mr. Harris placed in nomination the name of Louis O. Brown.
There being no further nominations, Mr. Brown was appointed as a member of
the Advisory Board of Human Services, for a term ending November 30, 2007, by the.
following vote:
FOR MR. BROWN: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch
and Mayor Smith ............................................................................................. 6.
(Council Member Fitzpatrick was absent.)
Inasmuch as Mr. Brown is not a resident of the City of Roanoke, Mr. Harris
moved that Council waive the City residency requirement in this instance. The
motion was seconded by Ms. Wyatt and adopted.
COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a
vacancy on the Human Services Committee, and called for nominations to fill the
vacancy.
Mr. Harris placed in nomination the name of H. Clarke (Duke) Curtis.
There being no further nominations, Mr. Curtis was appointed as a member of
the Human Services Committee, for a term ending June 30, 2004, by the following
vote:
FOR MR. CURTIS: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch
and Mayor Smith ............................................................................................ -6.
(Council Member Fitzpatrick was absent.)
N:\ckwbl\drafts\l 11703.wpd 28
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that them is
a vacancy on the Roanoke Arts Commission to fill the unexpired of Michael Brennan,
ending June 30, 2004, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Terri R. Jones.
There being no further nominations, Ms. Jones was appointed as a member of
the Roanoke Arts Commission, for a term ending June 30, 2004, by the following
vote:
FOR MS. JONES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Smith ................................................................................................... --6.
(Council Member Fitzpatrick was absent.)
Inasmuch as Ms. Jones is not a City resident, Mr. Harris moved that the City
residency requirement be waived. The motion was seconded by Ms. Wyatt and
adopted. :
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there
is another vacancy On the Roanoke Arts Commission, and called for nominations to
fill the vacancy.
Mr. Harris placed in nomination the name of Sandra Brunk.
There being no further nominations, Ms. Brunk was appointed as a member of
the Roanoke Arts Commission, for a term ending June 30, 2006, by the following
vote:
FOR MS. BRUNK: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch
and Mayor Smith ............................................................................................ 6.
(Council Member Fitzpatrick was absent.)
COMMITTEES-SCHOOLS: The Mayor advised that there is a vacancy on the
Virginia Western Community College Board of Directors, created by the resignation
of Michael F. Urbanski, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of William M. Hackworth.
N:\ckwbl\drafts\l 11703.wpd 29
There being no further nominations, Mr. Hackworth was appointed as a
member of the Virginia Western Community College, Board of Directors, for a term
ending June 30, 2007, by the following vote:
FOR MR. HACKWORTH: Council Members Cutler, Dowe, Harris, Wyatt,
Bestpitch and Mayor Smith ...................................................................... .. .... -6.
(Council Member Fitzpatrick was absent.)
COMMITTEES-ZONING: The Mayor advised that the three year terms of office
of Joel M. Richert and Philip H. Lemon as members of the Board of Zoning Appeals
will expire on December 31, 2003; whereupon, he opened the floor for nominations.
Mr. Harris placed in nomination the names of Joel M. Richert and Philip H.
Lemon.
There being no further nominations, Ms. Richert and Mr. Lemon were
reappointed as members of the Board of Zoning Appeals, for terms ending
December 31, 2006, by the following vote:
FOR MS. RICHERT AND MR. LEMON: Council Members Cutler, Dowe, Harris,
Wyatt, Bestpitch and Mayor Smith .................................................................... -6.
(Council Member Fitzpatrick was absent.)
At 6:30 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m.,
in the City Council Chamber.
At 7:00 p.m., on Monday, November 17, 2003, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., William D.
Bestpitch, Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F, Wyatt, and Mayor
Ralph K. Smith ............................................................................................... -7.
ABSENT: NONE ................................................................................... -6.
N:\ckwbl\drafts\l 11703.wpd 30
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 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.
PUBLIC HEARINGS:
ZONING: In view of the fact that numerous persons were in the audience in
cohnection with the proposed methadOne clinic to be located in the Hershberger.
Road, N. W. area, the Mayor called upon the City Manager to review the action taken
by Council at its 2:00 p.m. session. (See pages 10-14.)
The City Attorney advised that he has been unable to identify provisions that
would require the State to notify a locality of a pending application for a clinic of this
type. He stated that localities should receive notice and an opportunity to comment
on the appropriateness of a proposed clinic and to make a determinatiOn as to
whether or not the location is in conformance with the Iocality's Comprehensive
Plan; therefore, Council will request the City's delegation to the 2004 General
Assembly to introduce legislation to include this requirement in the State Code. He
encouraged all interested persons to contact their local Delegates and Senators prior
to the filing deadline of December 8, 2003, for introducing bills before the General
Assembly. He also encouraged interested persons to share their concerns with
Council and the City Planning Commission at a joint public hearing to be held on
Monday, December 15, 2003, at 7:00 p.m., in the City Council Chamber, He advised
that City staff will continue to research the issue and follow up on other avenues that
appear to be promising as the issue unfolds.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, November 17, 2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, 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, 1112109 and 1112110, be permanently vacated,
discontinued and closed, the matter was before the body.
N:\ckwb 1 \drafts\l 11703.wpd 31
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 31, 2003, and Friday, November 7, 2003.
A report of the City Planning Commission advising that the petitioner owns all
of the parcels of land that adjoin the subject portion 'of Rorer Avenue; the petitioner
also owns all but one of the parcels of land 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 and one of the alleys requested for
closure is adjoined by this parcel of land.
It was further advised that 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, and the dead end was created on Rorer Avenue after the widening of.
10th Street by the Virginia Department of Transportation (VDOT).
It was noted that the City Planning Commission does not recommend approval
of the request which is in direct conflict with the general goals of Vision 2001-2020
and the specific recommendation of the Hurt Park/Mountain View/VVest 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. It was further noted that if Council approves the request of the
petitioner, the City Planning Commission recommends that the petitioner be charged
the full amount of $26,600.00, and that closure be subject to certain conditions as
more fully described in the report.
Mr. Dowe offered the following ordinance:
"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."
Mr. Dowe moved the adoption of the ordinance. The motion was seconded by
Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing.
N:\ckwb 1 \draf~s\l 11703.wpd 32
Roy V. Creasy, Attorney, representing the petitioner, advised that his client
wishes to close a portion of Rorer Avenue and certain adjacent paper alleys in order
to further develop his property. He referred to the topography of the land which is
composed of steep terrain and used for undesirable activities such as alcohol,
drugs, and prostitution, etc. He reviewed the following points in regard to the
rationale of the City Planning Commission in recommending denial of the request;
i.e.
Parking - There is considerable parking in the area, therefore,
parking should not be an issue.
Restoring access to Tenth Street from Rorer Avenue - In view of
a steep grade on both sides of Tenth Street, such action would
not be feasible, would require approval by the Virginia
Department of Transportation and necessitate another traffic
signal due to the location of ingress and egress.
No specific ~proposal was submitted by the petitioner - Not
knowing whether the street and alleys would be closed and not
knowing if a cost would be assessed by the City, Mr. Zimmerman
has been limited in his ability to develop the land, although it is
envisioned that the land could be used for commercial
development. He advised that the City Planning Commission is
recommending that his client pay $26,600.00 for closing
approximately 21,575 square feet; his client invested
approximately $19,000.00 to obtain 25 lots in the area over the
past 18 years, and if one considers what his client paid for the
103,612 square feet that he currently owns, that amounts to
approximately $18.00 per square foot, or $4,000.00.
Notwithstanding the Vision 2001-2020 Comprehensive Plan, he
stated that if the property cannot be developed by his client, it is
not likely to be used for residential purposes and the land will
remain vacant.
Ms. Norma Smith, 11 14th Street, S. W., advised that funds were previously
appropriated by the City of Roanoke to clean up the Rorer Avenue area from Fifth
Street to 24th Street, and inquired as to the status of the funds.
N:\ckwb 1 \drafts\ 111703.wpd 33
This being the second occasion that a reference was made to funds having
been appropriated by the City for the Rorer Avenue area, the City Manager was
requested to respond to any specific allocation of funds; whereupon, the City
Manager advised that she was not aware of any specific allocation of monies for the
Rorer Avenue area; however, she would research the question and advise Council
accordingly.
There being no further speakers, the Mayor declared the public hearing
closed.
In clarification of the rationale of the City Planning Commission in its
recommendation to deny the request of Mr. Zimmerman, the Agent for the City
Planning Commission quoted from the Vision 2001-2020 Comprehensive Plan.
regarding neighborhood streets; i.e.: "Where possible neighborhood streets should
connect with existing neighboring streets to complete the street grid pattern of the
surrounding area." He explained that this is one area of Roanoke where there is an
intact street grid; and the entire West End and Hurt Park area has a complete street
grid because topography of the land is relatively flat for Roanoke. He added that
when the Mountain View, Hurt Park and West End Neighborhood Plan was adopted
in June 2003, one of the policies contained in the Plan was to restore or maintain
access to Tenth Street at both Norfolk and Rorer Avenues. He advised that the
connection at Tenth Street is difficult from an engineering point of view; a majority of
the members of the City Planning Commission believed that retaining the right-of-
way is important so that if development occurs in the area, there would be an
opportunity to reconnect Tenth Street to Rorer Avenue at that location, and
inasmuch as the City Planning Commission did not have a specific development
proposal from the applicant, the Planning Commission had nothing to weigh the
benefit of what was being proposed versus those policies contained in the
neighborhood plan. He explained that the area currently owned by the petitioner
contains split zoning; Rorer Avenue is the differentiating line between industrial
property on the north side of Rorer Avenue; the south side of Rorer Avenue is zoned
RM-2, Residential Multi-Family, so by closing the street, the zoning issue will not be
addressed and there is the case of a potentially combined parcel of land of almost
2.9 acres spanning a block and one half that contains split zoning without a
definitive development plan.
Following discussion in which concern was expressed that no development
plan was submitted by the petitioner; and unfavorable conditions in the area
associated with prostitution, drug and alcohol use, without objection by Council, the
Mayor requested that the City Manager assist the petitioner in securing his property
in a more healthy neighborhood environment.
N:\ckwb 1 \drafts\l 11703.wpd 34
There being no further discussion, the ordinance was defeated by the
following vote:
AYES: Mayor Smith ....................................................................... 1.
NAYS: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt and
Bestpitch ..................................................................................................... --6.
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Monday, November 17, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City Planning
Commission with regard to a proposed amendment to Vision 2001-2020, the City's
Comprehensive Plan, to include the Harrison-Washington Park Neighborhood Plan,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 31, 2003, and Friday, November 7, 2003, and in The
Roanoke Tribune on Thursday, November 6, 2003.
The City Planning Commission submitted a written report recommending
approval of the Harrison/Washington Park Neighborhood Plan, advising that 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 infill
housing, and
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.
Mr. Dowe offered the following ordinance:
N:\ckwb 1 \drafts\ 111703.wpd 35
(#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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36550-111703. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing.
There being none, he declared the public hearing closed.
Council Member Cutler raised the following questions/points:
Vacant lots in the Washington Park area have become infested
with rodents, and residents have complained that rodents~are a
problem along Tenth Street and behind Lincoln Terrace School.
What is the City doing to address the rodent problem?
Housing Conditions - "Lack of maintenance of homes and weed
overgrowth in the area have contributed to blight." Can the City
spend more time and energy on weed control?
Lick Run Greenway - checking sewer lines for storm water
infiltration - He requested that the Utility Lines Department
address leaking sewer lines in the Shadeland Avenue area, which
basically involves treating northwest Roanoke like the rest of the
City is treated.
"Establish a spur from Lick Run Greenway to Lincoln Terrace
Elementary School." A spur should be constructed to Addison
Middle School, as well as to the greenway, so that children
attending both schools can ride their bicycles or walk to school.
Actions to Invite Beautification. There is a need for outdoor art
and public art in northwest Roanoke, i.e. Harrison and
Washington Pa~ks as well as other parts of the City.
N :\ckwb 1 \drafts\ 111703.wpd 36
A map on page 28 shows the Brown Robertson Park as being
separated by certain non public land and Washington Park. What
is located between the two parcels of land and can there be a
kind of connectivity to provide for a major park?
There being no discussion or questions by Council Members, Ordinance No.
36550-111703 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. 7.
NAYS: None .......................................................................................... -0.
EASEMENTS-CITY PROPERTY: Pursuant to instructions by Council, the City
Clerk having advertised a public hearing for Monday, November 17, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the
City of Roanoke with regard to the 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, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 11, 2003.
The City Manager submitted a communication advising that Plantation Pipe
Line Company has requested a permanent 30-foot easement containing
approximately 0.21 acre on City-owned property located near Tinker Creek, S. E.; the
easement will allow relocation of an existing valve onto City property since the
current valve location is under water part of the year; and since the estimated
assessed value of the easement is iow, $275.00, City staff recommends that the
easement be granted at no charge.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents granting a permanent easement as
above described to Plantation Pipe Line Company, such document to be approved
as to form by the City Attorney.
Mr. Dowe offered the following ordinance:
N:\ckwb 1 \drafts\ 111703.wpd 37
(#36551-111703) AN ORDINANCE authorizing the 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 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36551-111703. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing.
There being none, he declared the public hearing closed.
There being no discussion or questions by Council Members, Ordinance No.
36551-111703 was adopted by the following vote: :
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. 7.
NAYS: None ........................................................................................ -0.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that Council sets this time as a priority for citizens to be
heard; and matters requiring referral to the City Manager will be referred immediately
for response, recommendation or report to Council.
CITY COUNCIL-HOUSING/AUTHORITY-COMPLAINTS-TRAFFIC: 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.
Requested that a "No U-turn" sign be installed at Williamson Road and
Orange Avenue, in the vicinity of Sheetz.
Requested that the City address traffic congestion at Masons Mill Road
and Hollins Road, N. E.
N:\ckwb 1 \drafts\ 111703.wpd 38
Requested more signage alerting motorists to narrow lanes on Orange
Avenue where the road changes from three to two lanes.
Requested that storm doors be installed on housing units at Lincoln
Terrace.
POLICE DEPARTMENT-ARMORY/STADIUM-ROANOKE CIVIC CENTER: 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.
TAXES-ROANOKE CIVIC CENTER-SPORTS COMPLEX-DEBT POLICY-
SCHOOLS: Mr. John E. Kepley, 2909 Morrison Street, S. E., spoke with regard to the
issue of an advisory referenda, the definition of which is: the principle or practice of
submitting to popular vote a measure passed upon or proposed by a legislative '
body. He advised that over the next five years, the City of Roanoke will borrow $344
million for capital projects; however, it should be noted when the current City
Manager assumed her position in January 2000 the City's debt, per person, was
$600.00 and has now risen to almost $2,000.00 per person. He stated that since 1999
to the present, an additional $119 million has been borrowed in debt which involves
taking money out of the pockets of taxpayers to fund projects such as the new
sports complex, and the tearing down of Patrick Henry and William Fleming High
Schools, only to rebuild the schools in the amount of $87 million. He stated that
taxpayers deserve the opportunity to vote on how their tax dollars are spent by the
City of Roanoke.
POLICE DEPARTMENT-ZONING-HUMAN RESOURCES-CITY EMPLOYEES-
WATER RESOURCES: Mr. Robert Gravely, 729 Loudon Avenue, N. W., spoke against
the proposed methadone clinic in northwest Roanoke. He called attention to the
need for more jobs for young people to get them off the streets and to decrease
crime. He spoke in support of increased wages for the City's work force so that the
average worker can afford to purchase a home. He referred to the 2.3 per cent pay
increase that was afforded to City employees in fiscal year 2003, yet real estate tax
assessments continue to increase, police officers do not receive sufficient wages, a
five per cent increase in dental insurance premiums, a 9.1 per cent increase in
insurance, and a 35 per cent increase in water rates.
N:\ckwbl \drafts\l 11703.wpd 39
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia,
spoke in support of the renovation of Victory Stadium, and referred to deed
restrictions on the Victory Stadium property which have not been honored by the
City. He advised that Council Members should be mindful of the wishes of the
citizens of the City of Roanoke in regard to Victory Stadium, the Armory, safety in
Roanoke's schools, and other issues of concern because the citizens of Roanoke
will speak on election day.
ZONING-DRUGS/SUBSTANCE ABUSE: 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., representing Dr. Chadrack Brown,.
Jr., and the congregation of Garden of Prayer No. 7 Church, advised that the
proposed methadone clinic invades the future growth of the Church, which has
recently embarked upon a building program for an educational facility to provide day
activities for seniors and youth, and the Church facility will observe the same hours
of operation as the methadone clinic. She stated that the proposed site of the
methadone clinic is adjacent to Church property, presence of the clinic will not be
conducive to a safe and friendly environment for parents and children using Church
facilities; and the neighborhood is more concerned about drug dealers that might be
attracted to the area than to patients who need help with their addiction. She
advised that the Church is not opposed to those persons needing help, but members
are opposed to the proposed location of the facility.
Ms. Peggy Sue Tolliver, 1460 Fresno Street, N. W., advised that she lives
approximately two and one-half blocks from the proposed site for the methadone
clinic. She called attention to the number of schools and churches in the area and
efforts by residents of northwest Roanoke to improve their neighborhood. She
stated that it has been reported that the methadone clinic will open on December 15,
2003, yet Council and the City Planning Commission are scheduled to hold a joint
public hearing on December 15, which is too late to help the neighborhood. She
asked that the City of Roanoke intervene and do whatever it can to prevent the
methadone clinic from opening.
Ms. Sonya Smith, Westwind Apartments, spoke against the location of the
methadone clinic in an area of the City that is heavily populated by schools and
churches. She also called attention to reports that the methadone clinic is
scheduled to open on December 15, therefore, the joint public hearing by Council
and the City Planning Commission will be too late to help the neighborhood. She
asked that the facility be located in an area where families, churches and children
will not be affected.
N:\ckwb I \drafis\l 11703.wpd 40
Ms. Arlene Small, 5321 Deer Park Drive, N. E., spoke on behalf of Garden of
prayer No. 7 Church and the surrounding community in opposition to the methadone
clinic on Hershberger Road. She stated that she did not oppose the clinic itself
because there is a need to help people who are addicted to drugs, however, her
opposition rests with the location of the proposed clinic. She called attention to the
number of schools in the area, the building program of the Church, and existing
traffic congestion on Hershberger Road. She requested that the City find another
location for the proposed methadone clinic.
Ms. Anita Price, 3101 Willow Road, N. W., representing the Roanoke Education
Association, advised that the facility will have a great impact on the community and
the children who attend schools in the area. She strongly encouraged Council to
continue to do whatever needs to be done to stop the methadone clinic, and that:
concerned citizens either lobby and/or write to their representatives to the General
Assembly in support of legislation proposed in the City's 2004 Legislative Program.
Ms. Della Millner, 3084 Swarthmore Avenue, N. W., advised that she lives in
close proximity to the proposed clinic. She called attention to existing traffic
conditions, incidents of shooting in the neighborhood and burglaries, all of which
will be compounded with the proposed methadone clinic.
Ms. Lin Johnson, 5904 Wayburn Drive, N. W., representing Garden of Prayer
No. 7 Church, advised that children are the City's most precious commodity;
therefore, she urged that the City continue to seek legislation to ensure that the
proposed methadone clinic is not allowed to open on Hershberger Road.
Ms. Glendora Goode, 3724 Troutland Avenue, N. W., spoke on behalf of
Garden of Prayer No. 7 Church, and advised that the methadone clinic is needed for
persons with drug addiction, but the facility should be located in another area of the
City away from schools and churches. She expressed concern that the clinic will
attract drug dealers who will pose a threat to surrounding neighborhoods.
Ms. Minnie Stamps, 4223 Holmes Street, N. W., spoke on behalf of Garden of
Prayer No. 7 Church, and called attention to the number of children in the area, and
drug dealers that could be attracted to the area because of the proposed methadone
clinic. She suggested that the methadone clinic be located at the Veteran's Hospital
or in the surrounding area.
Ms. Pernella Wilson, 3045 Willow Road, N. W., advised that the northwest
community stands ready to fight against the location of the proposed methadone
clinic in their neighborhood. She referred to three potential locations for the
proposed clinic which are located across the street from the Police Department on
Campbell Avenue where activities can be monitored by the Police Department.
N:\ckwb 1 \drafts~ 111703.wpd 4 !
Ms. Gloria Dowe, 3702 High Acres Road, N. W., advised that the Hershberger
Road area consists of office buildings, single family dwellings, apartment buildings,
seven school districts, churches, etc. Therefore, she asked that the neighborhood
be protected against adverse conditions as a result of the proposed methadone
clinic
At 8:25 p.m., 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., City
of Roanoke 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.
The meeting of Roanoke City Council reconvened on Wednesday,
November 19, 2003, at 9:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, for a joint meeting of Roanoke City
Council and the Roanoke County Board of Supervisors, with Mayor Ralph K. Smith
and Chair Pro Tem Michael W. Altizer presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
Linda F. Wyatt and Mayor Ralph K. Smith ......................................................... -4.
COUNCIL MEMBERS ABSENT: Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
and C. Nelson Harris ........................................................................................ 3.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Joseph B.
"Butch"Church, H. Odell "Fuzzy" Minnix, and Chair Pro Tem Michael W. Altizer ...... 3.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Richard C. Flora and
Chairman Joseph P. McNamara ....................................................................... 2.
OTHERS PRESENT: Representing Roanoke City: Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance;
Mary F. Parker, City Clerk; and Michael T. McEvoy, Director of Utilities.
Representing Roanoke County: Elmer C. Hodge, County Administrator;
John M. Chambliss, Assistant County Administrator; Paul M. Mahoney, County
Attorney; Diane S. Childers, Clerk to the Board; and Gary L. Robertson, Director of
Utilities.
The Mayor declared the existence of a quorum of Roanoke City Council
Members.
N:\ckwb 1 \drafts\ 111703.wpd 42
The invocation was delivered by Council Member William D. Bestpitch.
On behalf of the City and the County, Mayor Smith and Chair Pro Tem Altizer
welcomed all persons to the meeting.
The Mayor called attention to an item on the agenda with regard to
appointment of Roanoke City and Roanoke County designees to the Western Virginia
Water Authority; i.e.: three representatives from Roanoke City and three
representatives from Roanoke County. He stated that City Manager
Darlene L. Burcham and Council Member M. Rupert Cutler will serve as the City's
representatives; however, Council is not prepared to appoint the citizen
representative at this time.
COMMENTS ON JOINT EFFORTS:
The City Manager advised that the work of the two staffs continues to go well;
staffs remain committed to an inclusive process in terms of including employees of
both localities on the various committees and both staffs remain committed to the
principals that were set fOrth at the beginning of the process which are to submit the
best recommendations in regard to the proposed Western Virginia Water Authority,
i.e.: the best way to address water and waste water on behalf of Roanoke Valley
residents in the future.
Mr. Hodge concurred in the remarks of Ms. Burcham in regard to the
outstanding work of both City and County staffs. He advised that the Board of
Directors of the Western Virginia Water Authority will discover that staff of the
Authority is way ahead in the process with reports, alternatives and
recommendations.
UPDATE ON ASSET REVIEW AND UTILITY RATES:
Mr. Robertson advised that the asset valuation and rate study, which
addresses a ten year period, has been received from Black and Veatch, Consultants,
and ongoing communication will take place with the consultants to address
necessary revisions, which are anticipated to be finalized within approximately 30
days.
Mr. McEvoy commended Black and Veatch for the quality of their work that
involved review of a large volume of financial data.
N:\ckwb 1 \drafts\ 111703.wpd 43
The City Manager advised that staff intended to brief the Council and the
Bdard of Supervisors on the asset and valuation study at this meeting; however,
they are currently engaged in a review of the two documents with the consultant;
therefore, the Council and the Board will be requested to schedule another joint
session in December.
In a discussion with regard to issues to be included in the asset and valuation
rate study, Mr. Hodge advised that Roanoke County is currently undergoing a
change in its water rate structure. He explained that Roanoke County's water rate
structure is similar to few in the Commonwealth of Virginia because it is an outdated
method which uses a step process and conversion will involve extra work for County
staff.
A question having been raised earlier in the meeting with regard to provision~
of incentives to promote water conservation, Mr. Hodge stated that the issue will
require guidance from the two governing bodies.
OTHER REPORTS:
The City Attorney advised that in December, the two governing bodies will be
requested to schedule a public hearing at which time the Council and the Board of
Supervisors will act on a resolution adopting Water Authority Board by-laws, and,
following the public hearing, the by-laws will be forwarded to the State Corporation
Commission. He stated that it is proposed to submit an operating agreement in mid
January, 2004; however, much work remains to be done prior to submittal.
Upon question with regard to the types of issues to be addressed in the
operating agreement, the City Attorney referred to the following partial list of items:
assets to be contributed by localities to the Authority, real and personal property,
accounts receivable, a method to address outstanding bills owed to the localities,
water and sewer debts of localities, to what extent will be the liability of the system
to be passed on to the Authority, how will pending claims be resolved, which fiscal
year will be used, how the Authority will be structured as an entity,
personnel/employee benefits, vehicular fleet issues, meter reading, etc.
Question was raised as to whether all current water payment options will be
retained; whereupon, Mr. Hall advised that the intent is to make payments as
convenient as possible via mail, bank drafts, in person, or through collection boxes,
etc.
N:\ckwbl\drafts\l 11703.wpd 44
Once the Board of Directors is appointed, an inquiry was made as to the
method of transitioning from a City/County operation to an Authority operation;
whereupon, Mr. Mahoney advised that the goal is to work toward a July 1, 2004
switch over, at which time the new Authority will be operational. He further advised
that during the first four to five months a dual-hybrid operating system will exist; in
January 2004, both governing bodies will hold a public hearing to consider
concurrent resolutions adopting the Articles of Incorporation, including individual
names of the initial Board of Directors, which will be forwarded to the State
Corporation Commission; it is anticipated that State Corporation Commission
approval will take approximately two weeks; and a charter will be received from the
State Corporation Commission at which time the Authority will become a legally
operating entity, effective July 1, 2004. He stated that the Board of Directors will
then prepare a budget, following State Code provisions regarding notices and public
hearings, in regard to establishing initial water rates, adopt policies, procedures, and
by laws and make decisions as to key officials, all of which will enable the Authority
to be operational on July 1, 2004.
Mr. Hodge advised that initial appointees to the Authority Board of Directors
will meet briefly following this meeting to discuss future meeting dates and duties
and responsibilities. He spoke to the importance of involving and communicating
with citizens of both Roanoke City and Roanoke County to ensure that citizen
suggestions are considered and/or incorporated into procedures.
There was discussion in regard to public involvement in which it was pointed
out that the series of meetings that were held in the City and the County did not
generate a large amount of citizen participation, and rather than schedule stand
alone meetings, there might be an advantage for staff to attend neighborhood
meetings in the City and the County, etc. Other options discussed were to apprize
neighborhood organizations that presentations will be made by City/County staff,
upon request by the organization, or presentations could be made to the City's
Presidents Council which meets on a monthly basis (the Presidents Council is
composed of representatives of City of Roanoke neighborhood associations) and
representatives to the Presidents Council could make reports to their individual
neighborhood organizations.
The City Manager advised that when answers are in place in regard to
questions that have been raised by citizens, there will be more citizen interest and
better participation in meetings; and as the process moves forward, Council and the
Board of Supervisors will be requested to provide guidance to staff with regard to
dissemination of information and/or public meetings.
N:\ckwb 1 \drafts\l 11703.wpd 45
The Director of Finance advised that Finance staff of both localities have
provided financial information to the consultant, and both staffs have reviewed the
draft report of Black and Veatch to ensure that financial data was accurately
interpreted. He further advised that the City and the County have closed on Virginia
Resource Authority loans relative to the Waste Water Treatment Plant upgrade in the
context of the current contractual arrangement which will eventually becom~ a part
of the debt of the Authority; and He stated that earlier in the year, the City refinanced
part of its outstanding waste water treatment bonds because the rate environment
was conducive to a lower interest rate, which will become a part of the debt of the
Authority; and the City's debt for water and waste water general obligation debt is
not in revenue bonds, therefore, the City can transfer assets to the Authority without
a restrictive rate and revenue debt. He advised that staff continues to be diligent in
it~ task and does not under estimate the amount of work yet to be done prior to.
July 1, 2004.
DESIGNATION OF CITY/COUNTY MEMBERS TO THE WESTERN VIRGINIA
WATER AUTHORITY:
Representing Roanoke County, Mr. Church moved that the following persons
be appointed to the Western Virginia Water Authority Board of Directors:
H. Odell "Fuzzy" Minnix - Four Year Term
Elmer C. Hodge, County Administrator - Three Year Term
Michael W. Altizer - Member, Roanoke County Board of Supervisors -
Two Year Term
The motion was adopted.
Representing the City of Roanoke, Mr. Bestpitch moved that the following
persons be appointed to the Western Virginia Water Authority Board of Directors:
Darlene L. Burcham, City Manager - Three Year Term
M. Rupert Cutler, Council Member - Two Year Term
The citizen designee will be appointed at a later date.
The motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Cutler, Bestpitch, Wyatt and Mayor Smith ............. --4.
NAYS: None ............................................................................................ 0.
(Council Members Dowe, Fitzpatrick and Vice-Mayor Harris were absent.)
N:\ckwb 1 \drafts\l 11703.wpd 46
OTHER COMMENTS: Mr. Church commended the spirit of cooperation that
has existed between Roanoke City and Roanoke County, and advised that today the
two localities are on the threshold of one of the most important issues that has faced
the Roanoke Valley in many years. He expressed appreciation to his colleagues on
the Board of Supervisors, the Members of Roanoke City Council and the staffs of the
two localities for all of the work that has been done to serve the citizens' of the
Roanoke Valley for many years to come.
Mr. Bestpitch also commended City and County staffs and advised that he was
proud to be a part of a Council that has worked with the Roanoke County Board of
Supervisors to reach a point that others in the past have only talked about. He
stated that much of the credit is due to the citizens of the Roanoke Valley who have
supported the concept and were ready to work together in a cooperative manner. He.
advised that it is hoped that creation of the water authority will be an indication of
the kind of future cooperation and support of a broad array of services; i.e.: fire and
emergency medical services ultimately leading to one department to serve the entire
Roanoke Valley. He referred to a combined library system, parks and recreation
department and a number of other services that will lead to greater efficiencies in
government for both localities.
Ms. Wyatt suggested that letters of appreciation be forwarded to the various
committees commending staff for the work that has already been done and for their
continuing efforts to make the water authority a success.
Mr. Altizer advised that much work remains to be done, time lines are vitally
important and many additional hours of work will be involved to bring the Water
Authority to fruition in July 2004. He echoed his respect for both staffs and stated
that Roanoke City and Roanoke County have set the example of what other localities
can do, and the example that the City and the County have set will pave the path to
future boundaries of regional cooperation with the localities of Botetourt,
Montgomery and Christiansburg, because those areas are looking closely at
accomplishments by local officials of the Roanoke Valley. He advised that the
responsibility lies with Roanoke County, Roanoke City, the City of Salem and the
Town of Vinton to come together on as many issues as possible and once the
barriers of the past are removed, the goal of regional cooperation for the good of the
entire Roanoke Valley will be achieved. He stated that the action taken by Roanoke
County and Roanoke City in regard to the water authority is government at its
highest and best.
The Mayor called attention to the importance of open communication with the
citizens of the Roanoke Valley, and any changes should be communicated to the
citizens as soon as possible which will be the key to a successful beginning for the
Western Virginia Water Authority on July 1, 2004.
N:\ckwbl\drafts\l 11703.wpd 47
There being no further business, at 10:45 a.m., the Mayor declared the meeting
of Roanoke City Council in recess until Friday, November 21, 2003, at 8:30 a.m., at
the Roanoke Higher Education Center, 108 N. Jefferson Street, for the Roanoke City
Council/Roanoke City School Board Retreat.
The meeting of Roanoke City Council reconvened on Friday, November 21,
2003, at 8:30 a.m., at the Roanoke Higher Education Center, 108 N. Jefferson Street,
Room 501, City of Roanoke, Virginia, for a joint meeting of Council and the Roanoke
City School Board, with Mayor Ralph K. Smith and Chairperson Gloria P. Manns
presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler (left the
meeting at 2:30 p.m.) Alfred T. Dowe, Jr. (left the meeting at 12:00 noon), Beverly T.
Fitzpatrick, Jr. (left the meeting at 12:00 noon) C. Nelson Harris, Linda F. Wyatt,
(arrived at 9:30 a.m.), and Mayor Ralph K. Smith (left the meeting at 1:30 p.m.)----7.
ABSENT: None ..................................................................................... 9.
SCHOOL TRUSTEES PRESENT: Kathy G. Stockburger, David B. Trinkle,
Robert J. Sparrow, Ruth C. Willson, William H. Lindsey, Melinda J. Payne (arrived at
8:15 a.m.), and Gloria P. Manns, Chair ............................................................. -7.
SCHOOL TRUSTEES ABSENT: None .................................................. ---0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Mary F. Parker, City Clerk; Elizabeth K. Dillon, Assistant
City Attorney; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools;
and Cindy H. Lee, Clerk to the Roanoke City School Board.
The meeting was facilitated by Lyle Sumek, Lyle Sumek Associates.
The Mayor advised that at a joint meeting of Council and the Roanoke County
Board of Supervisors on Wednesday, November 19, 2003, Council Member M. Rupert
Cutler and City Manager Darlene L. Burcham were appointed as the City's
representatives to the Western Virginia Water Authority; whereupon, he opened the
floor for nominations for the citizen appointee representing the City of Roanoke.
Mr. Cutler moved that Robert C. Lawson be appointed as the City of Roanoke
citizen representative for a term of four years. The motion was seconded by Mr.
Fitzpatrick and adopted, Council Member Wyatt had not arrived at the meeting.
N:\ckwb 1 \drafts\ 111703.wpd 48
COUNCIL-SCHOOLS: Mr. Sumek advised that the Council and the School
Board have experienced an interesting and challenging year. He reviewed some of
the issues that were discussed at the Council/School Board retreat in February 2003;
i.e.: revisiting joint meetings of Council and the School Board, joint work teams,
identification of issues and action steps, joint marketing and branding, work force
development, a joint facilities use study, stadium and facilities, funding issues, high
schools renovation/construction, joint lobbying strategy, define responsibilities for
joint cooperation, health care for employees, and citizen involvement.
He suggested a frank discussion between Council and the School Board
looking at first the product that both entities are trying to produce and thinking about
some of the outcomes that Council and the School Board would like to see as a
result of the discussion. He called attention to the need to market a product in the
community; i.e.: how safe are Roanoke's schools which is a product that has value
to citizens.
Ms. Payne entered the meeting at 8:55 a.m.
Mr. Sumek requested that Council and the School Board break out into three
groups to discuss the following question: What is the product you see coming out of
Roanoke's school system?
Following the break out session, the groups reported as follows:
Group No 1:
Ability to think critically
Creation of an environment where individual potential can be achieved
Students become life long learners - continue to open our doors to people
Prepare and develop the workforce
Good citizens
Group No. 2:
Literate, civic minded contributions to the larger community
Positive and enthusiastic attitude toward identifying life long learning
Motivate "self-sufficient" graduates with career goals in mind
Prepare to adapt to the ever changing technological society
N:\ckwb 1 \drafts\l 11703.wpd 49
Group No. 3:
Good citizenship, responsible citizens who know about the community,
understand laws, vote and participate in the process
Economically productive individual skills with job work ethics- individuals to
reach their goal or potential/work with others
Prepared to parent - basic skills, responsible parenting
Life learning adults, relevant to each useful valued experience in school -
ambassador for the schools/city
The facilitator then asked that the Members of Council and the Members of the
School Board meet in separate rooms for approximately 30 minutes to focus on the
following questions:
What are the challenges you see to produce the product?
What is the message you have for the other body?
Following completion of the exercise, Council and the School Board
reconvened in open session with the facilitator; however, City staff and School staff
were not included in the meeting. (No minutes are available.)
Following lunch, the meeting reconvened in Room 501 of the Roanoke Higher
Education Center.
Mr. Sumek advised that the remainder of the session would be devoted to a
discussion of future expectations and ways by which the Council and the School
Board can work together more effectively; i.e.: What are critical issues short term
and what are the Council's expectations in order to enhance the relationship with the
School Board and the community.
The following is a summary, as stated by the facilitator, with regard to
expectations by Council of the School Board:
To set overall policy and direction for the schools in the City of
Roanoke;
To govern the school system taking responsibility for the product
(engage in critical thinking and question issues and recommendations);
To compile a real and workable budget with an eye on today and future
needs;
N:\ckwb 1 \drafts\l 11703.wpd 50
To set the standards and give guidance to the Superintendent from the
schools' vision to specific expectations;
To be public advocates by marketing public education and the schools
to the community - a "sales team";
To be sensitive to the job market, training opportunities, and special
training needs;
To seek feedback from the community on performance and issues
visible in the community in dealing with the community to anticipate
and identify issues and needs prior to the issues and needs becoming a
crisis;
To identify services, scopes beyond the School Board's normal range -
community service needs;
· Schools respond to questions/mistakes and clarification.
During a discussion, the following suggestions were offered by individual
Council Members to the School Board:
If the School Board is working on an issue that needs clarification
throughout the community, a member of the School Board could draft
an op ed piece for publication in The Roanoke Times. Council has
taken this approach on several occasions in regard to the water
authority, the City's annual accomplishments, etc. Information was
shared with Council Members prior to forwarding the article to the
newspaper which allowed Council Members an opportunity to provide
input, thus, the article was representative of the Council. There may be
other occasions when an individual School Board Member might wish
to articulate an individual opinion which would not necessarily speak
on behalf of the entire School Board and it should be stated in the letter
that it was the opinion of one School Board member.
Concern has been expressed with regard to lack of attendance by
parents at meetings. The City of Roanoke has established
approximately 35 neighborhood organizations, some of which represent
a large area of the City, therefore, any information that the School
Board would lik~ to take to the community could be addressed through
the various neighborhood organizations.
N:\ckwb l \drafts\ 111703.wpd 51
The City Manager advised that many times the written word is accepted as the
final word; letters to The Editor in The Roanoke Times could be answered when
clarification is in order; and many times City staff will contact a person who has
written a Letter to the Editor to provide the necessary clarification. She stated that
police officers attend neighborhood meetings on a monthly basis and it might be
advantageous for representatives of the school system to also attend neighborhood
meetings to report on activities in the schools that serve specific neighborhoods,
which could also bring the community closer to the schools.
Parent-Teacher Association meetings, activities and school events
could be reported to the applicable neighborhood association so that
the community that the school serves is aware of the positive things
that are happening in the school.
If there are misperceptions in the community, the Chair, or Vice-Chair,
or a Member of the School Board could schedule a five to ten minute
briefing at a Council meeting to address the specific issue or topic.
Quarterly meetings of Council and the School Board should be held to
address critical issues.
Following a discussion, it was the consensus of the Council and the School
Board that the "buddy system" is working and should be continued.
At 1:30 p.m., the Mayor left the meeting.
The facilitator led the Council and the School Board in an exercise listing
critical issues that need to be addressed in the next two to three months where
dialogue and/or closure is needed in terms of process.
The following is a summary:
To address safety issues in order to rebuild confidence in the school
system:
The School Safety Task Force will report in late February/early
March 2004 (Schools to act)
N:\ckwb 1 \drafts\ 111703.wpd 52
Rebuild confidence in the school system:
Successes/achievements
Marketing schools
Tours for the community (schools to do)
Invite School Board representative to BizBreak (Breakfast meetings
with representatives of various businesses to discuss issues of
concern.)
3. Communicate a sense of support for teachers and staff (schoolstodo)
Stadium-related issues:
Turf
Leases
Fees/priority of use
Maintenance
5. Accreditation for Schools (schools to do)
School funding resources
Joint lobbying efforts (December meeting with legislators)
Creation of a Public Schools Foundation (schools to do)
Being proactive about the accomplishments of the schools
8. Schools/traffic calming (agreed to remove from list)
School Superintendent expectations/performance/direction (schools to
act on)
10.
School - City communications (This will be addressed if Council/School
Board follow through on some of the above listed items.)
With regard to taking the above listed items to action, the following
suggestions were offered:
Council and the School Board should meet quarterly on the first
Monday of the month.
N:\ckwb 1 \drafts\ 111703.wpd 53
There was discussion with regard to bids submitted for the turf at the
proposed new stadium on Orange Avenue/VVilliamson Road; whereupon, the City
Manager advised that the City is negotiating with the Iow bidder on the basis of
natural turf, unless she is told otherwise; and if, at a later point in the process, the
school system is willing to pay the difference of ~approximately $200,000.00 for
artificial turf, the contract can be amended. Discussion also took place in re'gard to
maintenance/operation costs for the stadium.
It was the consensus of Council and the School Board to meet on Monday,
January 5, 2004, at 12:00 noon, to discuss stadium related issues; i.e.: turf, leases,
fees/priority of use and maintenance.
It would appropriate for COuncil and the School Board to hold a joint-~
meeting to receive the report of the School Safety Task Force.
It would be beneficial for the School Board to send a representative to
the City's monthly BizBreak breakfast meetings, which are held with
representatives of local businesses in the Roanoke Valley.
There being no further business to come before the Council, at 3:00 p.m., the
Vice-Mayor declared the Roanoke City Council meeting in recess until Monday,
November 24, 2003, at 3:30 p.m. to discuss a vacancy in a Constitutional Office.
(The meeting was later rescheduled to be held as a special meeting of the COuncil on
Tuesday, November 25, 2003, at 3:30 p.m., in the Council's Conference Room.)
APPROVED
ATTEST:
Mary F Parker
City Clerk
Ralph K. Smith
Mayor
N:\ckwb 1 \drafts\l 11703.wpd 54
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 1, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
December 1, 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, ReRular Meetin.qs, Code of the City of Roanoke
(1979), as amended; and pursuant to Resolution No. 36193-010603 adopted on
January 6, 2003, which changed the time of commencement of the regular meeting
of Councilto be held on the first Monday in each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members Alfred T. Dowe, Jr., William D. Bestpitch,
M. Rupert Cutler, and Mayor Ralph K. Smith ........................................................ -4.
ABSENT: Vice-Mayor C. Nelson Harris and Council Members 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.
CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr.,
Chair, City Council Personnel Committee, requesting that Council convene in a
Closed Meeting to discuss the mid-year performance of two Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended,
was before the body.
Mr. Dowe moved that Council concur in the request 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 Dowe, Bestpitch, Cutler and Mayor Smith .............. -4.
NAYS: None ............................................................................................. 0.
(Vice-Mayor Harris and council Members Fitzpatrick and Wyatt were absent.)
CkBS1\minutesO3\120103.wpd
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss disposition of publicly-owned property, where discussion in
open meeting would adversely affect the bargaining position, or negotiating strategy
of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Bestpitch, Cutler and Mayor Smith ............. -4.
NAYS: None ............................................................................................. 0.
(Vice-Mayor Harris and Council Members Fitzpatrick and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss disposition of publicly-owned property, where discussion in
open meeting would adversely affect the bargaining position, or negotiating strategy
of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager to
convene in a Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Dowe, Bestpitch, Cutler and Mayor Smith ............. -4.
NAYS: None ........................................................................................... -0.
(Vice-Mayor Harris and Council Members Fitzpatrick and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position, or negotiating
strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia
(1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
CkBSl\minutesO3\120103.wpd
AYES: Council Members Dowe, Bestpitch, Cutler and Mayor Smith ..... ; ....... -4.
NAYS:None ........................................................................................... 0.
(Vice-Mayor Harris and Council Members Fitzpatrick and Wyatt were absent.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFiCATION; AND ADDITIONS/DELETIONS TO THE 2:00P.M.
DOCKET: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
VIRGINIA MUNICIPAL LEAGUE LEGISLATIVE DAY REGIONAL DINNER: The
City Manager advised that Virginia Municipal League Legislative Day will be held on
February 12, 2004, in Richmond, Virginia, and inquired as to whether Council would
like to participate in a Regional Legislative Day Dinner on the evening of
February 12. She explained that the first regional dinner was organized by the City
of Roanoke in 2002 and by Roanoke County in 2003.
Discussion:
The majority of Council expressed an interest in participating in a regional
dinner which would include localities extending into the New River Valley, and
would be beneficial toward increasing Roanoke's ties and cooperation with
local governments in the New River Valley area.
· The upper Roanoke River watershed geography could be used as a basis for
the invitation list.
Representatives of jurisdictions represented by the Roanoke Valley-Allegheny
Regional Commission and the New River Valley Regional Commission should
be invited.
Council Member Bestpitch, acting as the chief elected officer of the Roanoke
Valley Alleghany Regional Commission, and the chief elected official of the
New River Valley Regional Commission could co-chair the meeting, which
would be limited to those jurisdictions represented in the two regions.
There was discussion in regard to topics of discussion that will be of
common interest to all participants; whereupon, the City Manager advised that light
passenger rail is a subject of interest to both the Roanoke and the New River Valley
Regional Planning Districts; other suggestions include rail passenger, rail freight, a
Iow fare airline, bus service, all of which represent transportation issues that the
localities share a common interest.
CkBS 1\minutes03\120103.wpd
Council Member Bestpitch advised that the Roanoke Valley's delegation to the
General Assembly and Senators should be called upon to provide input in regard to
topics of discussion of interest to all of the participating localities, and he would talk
with Senator Edwards and Senator-Elect Bell to obtain their suggestions. He stated
that in conjunction with the Executive Director of the Roanoke Valley Allegheny
Regional Commission, he would also contact his counter part at the New River
Valley Regional Commission to determine the level of interest in participating in the
regional dinner on February 12.
(Council Member Wyatt entered the meeting.)
Council/School Board Joint Session:
The City Manager advised that at the Council and School Board retreat on
Friday, November 21, 2003, Council requested a more detailed discussion with
regard to the stadium turf issue and it was agreed that Council and the School Board
would meet jointly on Monday, January 5, 2004, to discuss the matter.
The City Manager referred to a letter addressed to the Superintendent of
Schools in which it was noted that when the budget was established for Victory
Stadium, natural turf was being considered; since the budget was adopted,
significant improvements have taken place in artificial turf; and representatives of
the schools athletic organizations and City staff visited nine different locations that
are currently using an artificial playing field and heard positive reviews by officials
from some facilities that have been in use for as long as seven years. She stated
that based upon the support of athletic directors toward artificial turf and given the
fact that there is approximately a $200,000.00 difference, she suggested to the
Superintendent of Schools that the school system consider funding the additional
$200,000.00 for artificial turf. She further pointed out that if the schools are
interested in funding the additional $200,000.00, she would suggest to Council that
the funds be repaid to the City over a period of time. She noted that the
Superintendent of Schools responded that the School Board would reconsider the
matter in January 2004, the School Board has questions, not just about artificial turf,
but in regard to the scheduling events for the schools, whether or not the schools
would be "bumped" if there was a major entertainment event at the stadium, stadium
rental issues, and whether or not the playing field would be available for training
activities as well as game activities.
There was discussion in regard to the merits of artificial versus natural turf;
the practice of charging the school system for use of the stadium, in which one
Member of Council stated that he was not aware of a high school sports program
anywhere in the United States that does not cost the school system any money; the
true cost of Roanoke's education system; using a different (local) facilitator for
future Council/School Board retreats; and that there be more open and spontaneous
dialogue among Council and the School Board, as opposed to an overly structured
agenda format.
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The City Manager advised that while the schools may not have a formal
contract for use of the stadium, the City has a moral contract with the school
system, and would not "bump" a school event from the stadium.
The City Manager further advised that the City could move forward with
natural turf, with the understanding that a change order could be considered for "x"
period of time with the contractor; and the City has budgeted strictly for natural turf
at this point, assuming that negotiations are successful within the budget that has
been prepared for this element of the project. She added that the two items that
were selected for alternates beyond the base bid for the stadium project include the
irrigation system and turf, and all other elements that were bid as alternates have
been excluded at this point.
In addition to the stadium turf issue, the City Manager inquired if there are
other items that Council would like to discuss at the joint meeting with the School
Board on January 4; whereupon, Dr. Cutler suggested consolidating joint operations
such as purchasing, human resources, and medical insurance; whereupon, the City
Manager advised that if Council and the School Board direct the City and School
administrations to work on the issues, some progress could and would be made.
Dr. Cutler inquired if the Members of Council share his interest, in which
several Council Members concurred.
Council Member Wyatt suggested that the two administrations start with a
topic such as joint purchasing and then move on to other areas of joint cooperation;
whereupon, the Director of Finance advised that the City's Finance Department
currently provides accounting and payroll operations for the schools at no annual
charge.
The City Manager advised that she contacted the School Superintendent to
determine if the School Board preferred a different facilitator for the Council/School
Board retreat on Friday, November 21, and after polling School Board members,
Dr. Harris advised that the School Board was comfortable with using the facilitator
who was engaged; it is not an easy task to find local facilitators and staff is not
adverse to taking a different approach and suggest that the School Board select the
facilitator for the next Council/School Board retreat.
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Scheduling of future meetin.qs with the School Board:
It was the consensus of Council to meet with the School Board on the first
Monday of each quarter for a joint work session, in addition to the meetings which
are held in May with regard to the upcoming fiscal year budget and in December to
discuss the proposed City/Schools Legislative Program. It was suggested that the
Council/School Board engage in a discussion at the January 5 joint meeting with
regard topics of discussion at future work sessions and to prioritize agenda items;
and that an equal number of meetings will be held at sites to be selected by the
School Board.
The Mayor advised that in the year 2007, the Tidewater area will celebrate the
400th anniversary of Jamestown; inasmuch as the City of Roanoke will celebrate its
125th anniversary in 2007, there have been discussions in regard to local~
celebrations, such as a 1607 greenway, or a 1607 art project; and State and/or
Federal funds may be available for various projects. The Mayor asked that the City
be mindful of potential opportunities.
It was pointed out that there might be a way to involve EventZone and Local
Colors, etc., in the celebration to plan an activity that recognizes the multi-cultural
nature of the indigenous peoples and the early explorers; the possibility of working
with the local Hispanic community to plan a activity focusing on the Spanish
exploration, or the Monacan Indians at Big Island in Amherst County, or the Indian
Interpretation Program at Explore Park, etc.
It was suggested that a local resident, Gary Foutz, a native American Indian,
could provide a wealth of information.
BRIEFINGS:
The City Manager advised that prior to adjournment of the Council meeting,
she would like to include a third briefing in regard to the First Street Bridge.
Nancy C. Snodgrass, City Planner, presented a briefing on the Zoning
Ordinance; i.e.: New Zoning Districts.
She advised that the policy basis for new districts, as contained in Vision
2001-2020, is to ensure compatibility of uses within residential areas, to encourage
airport-related uses on properties adjacent to the airport, to maximize use of
commercial sites, and to protect the river corridor and open space; and there are
four base zoning districts: Institutional, Airport Development, Commercial Large
Site, Recreation and Open Space, and One Overlay District (River and Creek
Corridors).
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She explained that the Institutional (IN) District is necessary to recognize the
unique needs of institutional uses, to ensure cohesive development of a site, and to
minimize adverse impacts of institutional uses on neighboring residential uses; and
the Institutional District is applied to sites of less than five acres, with one permitted
use, with permitted uses including day care centers, schools, places of worship and
libraries.
The Airport Development District is necessary to address the unique purpose
of a specific area to complement the Airport Navigation Overlay District, and the
Roanoke Regional Airport Master Plan approved by the Federal Aviation
Administration; and the Airport Development District is applied to all properties
owned by the Roanoke Regional Airport Commission as delineated by the Master
Plan, and to properties adjacent to the airport designated for airport supportive and
airport-related uses.
The Commercial Large Site District (CLS) is necessary to provide for
regulation different from commercial corridor single-lot development, encourages
cohesive development of a site and improved controls to minimize impact on
surrounding uses and to lessen environmental impacts; and it is applied to large-
scale, auto-dependent uses, accommodates multiple buildings, typicallY one lot or
combination of lots with multiple tenants sharing common parking curb cuts, and
access to and from public streets, and uses include shopping centers and large
motor vehicle sales and service establishments.
The Recreation and Open Space District (ROS) is necessary to provide added
protection for existing open space and parks, to prevent encroachment of
incompatible land uses and to provide for limited development within open space;
there is no minimum lot size, and permitted uses include active and passive parks,
recreational facilities, golf courses and cemeteries.
River and Creek Corridors (RCC) Overlay District is necessary to provide
additional protection to the waters of the Roanoke River, to preserve natural
vegetation, features and quality of properties along the waterways, and to implement
additional environmental best management practices; and the district will
supplement base district zoning regulations, designate properties that abut the
shorelines to be determined by the adopted zoning map and serves as a riparian
buffer requirement.
Ms. Wyatt suggested that development of property around the Roanoke
Regional Airport be a topic of discussion at a future joint meeting of Council and the
Roanoke County Board of Supervisors. She cautioned that regulations not be so
restrictive as to prevent the conduct of business in the area.
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Ms. Snodgrass advised that the draft ordinance will be reviewed by the Zoning
Ordinance Steering Committee on December 16, 2003; public comment will be
invited for approximately three months, the Steering Committee will then work with
City Planning staff based on public comments, and it could be late Spring before the
document is submitted to Council for consideration.
The Mayor inquired if portions of the proposed new zoning ordinance Could be
submitted to Council for action sooner than the Spring of 2004; whereupon, staff
advised that the proposed regulations work together as a complete package and, if
certain portions are acted on separately by the Council, the new ordinance may not
be as effective; and much depends on the public comment phase of the process,
which could lead to further study by the Steering Committee and staff; and the next
meeting of the Steering Committee is critical in terms of determining whether the
document is ready for public comment, or if more work remains to be done.
The City Manager introduced a briefing on traffic calming in the Jamison
Avenue/Bullitt Avenue area.
Mark Jamison, Traffic Engineer, advised that the Jamison Avenue/Bullitt
Avenue corridor is one of the numerous projects included in the Southeast by
Design project, which is an effort to revitalize the neighborhood. He stated that
Jamison/Builitt Avenues have developed over the course of years as arterial
roadways and carry approximately 29,000 vehicles per day; historically, they are
residential neighborhoods, and the proximity of the houses to the street is very
much a residential character, but the roadways function as arterial. He added that
the stated goal of the project is to slow down the speed of vehicles traveling through
the area; the single largest problem identified in the corridor is that it is straight, flat
and very easy to drive well over the speed limit; and when the project is complete
and speeds have been dropped back, the area will be a much more livable
neighborhood. He stated that landscaping is proposed to improve the character of
the neighborhood; various measures proposed to slow down the speed are: a
splitter which is a landscaped island located essentially in the middle of the roadway
that requires the two lanes of traffic to move out and literally drive around the
divider; a splitter has been proposed coming in on Bullitt Avenue at Sixth Street and
another splitter is proposed coming in from Vinton at Thirteenth Street; and splitters
are proposed on either side of Ninth Street to pick up traffic coming up on Ninth
Street and into the corridor. He stated that those measures are the signature
feature and will introduce the driver to the feeling that they are approaching
something new and different; and by virtue of diverting the travel out of a straight
traffic path, with the addition of heavily landscaped medians, both a physical and a
mental obstruction is provided and tends to force drivers to slow down.
CkBSl\minutes03\120103.wpd
He advised that the second method is a chicane which is an arterial shift; i.e.:
the driver would be driving for example on the right side of the roadway where there
is parking on the left, as they go though the chicane, they would then transfer over
and drive to the left side of the roadway with parking on the right; there are a number
of parking bays which allow parking on one side whereby motorists will drive in
more narrow travel lanes than currently exist; and the pavement is approximately 30
feet wide and will shift down to about an 11 foot driveway, into a 7 - 8 foot parking
lane, which should encourage some of the residents to once again park on the
street. He stated that another method to slow down traffic is a choker, which is a
feature that would be installed primarily at intersections that narrows the travel lane;
there would be some landscaping and trees in the area; the choker narrows the
width of the roadway for pedestrians, which decreases the amount of time that a
pedestrian is actually in the street while crossing, it allows the driver on the side
street to pull farther onto the pavement, which improves visibility down the section
of roadway and should improve safety as drivers turn onto the corridor. He stated
that the key to making these types of features work is the frequency of the feature;
and there are certain features on almost every block to allow for a 300 - 500 foot
spacing that will force drivers to make the decision to slow down.
Mr. Jamison presented a conceptual plan which was reviewed at a public
involvement meeting by the Southeast by Design Steering Committee and the City
Planning Commission. He stated that staff would like to get a general consensus
from the Council that it is headed in the right direction, at which time the matter will
be turned over to a consultant for completion of final design documenis in
approximately December 2004, advertise for bids in February/March 2004, and award
a construction contract in March/April 2004, with completion anticipated in the
summer of 2004.
Question was raised as to whether traffic exiting 1-58"1 across Elm Avenue
traveling in the direction of the Town of Vinton has been studied; whereupon,
Mr. Jamison advised that the proposal is not intended to impede the flow of traffic,
butto slow down traffic; the Elm Avenue Interchange is included in the City's local
long range transportation plan and the State's long range transportation plan; and a
meeting will be scheduled with the Virginia Department of Transportation to
establish the scope of the study.
The City Manager advised that the bigger issue is the Elm Avenue area and the
interchange; Council previously authorized funding to study the area, and City staff
has been working with VDOT officials on the study. She advised that the proposed
traffic calming measures are'intended to encourage persons to live in this section of
the City, and the proposed measures will make the area more livable, although there
continues to be a need to address the Elm Avenue area.
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Mr. King called attention to discussions With VDOT officials as a part of the
pre allocation hearing in regard to the area where speed builds up from Thirteenth
Street to the Vinton boundary line at the point where pedestrians cross the road at
Fallon Park up to the Arby's Restaurant; and advised that a traffic signal has been
recommended for Dale Avenue and Vernon Street, which will help to break up the
flow of traffic; and a median will be installed as a part of the Urban Forestry effort,
with landscaping. He added that although the Bullitt/Jamison project does not
extend to the Thirteenth Street/Vinton line, improvements could be made through
urban forestry efforts and other more direct efforts.
In response to various questions, Mr. Jamison advised that the streets will
continue to have the character of two lanes in each direction, adjacent streets are
very narrow with parking on both sides, and diverting traffic to other streets does
not appear to be a problem.
Concern was also expressed that trees included in the landscaping design
could obscure the visibility of motorists in making turns at corners; whereupon, Mr.
Jamison advised that a meeting is scheduled with the consultant and the City's
Urban Forester to discuss types of landscaping and types of trees to be planted to
ensure that trees grow up rather than out and do not block visibility.
The Mayor expressed concern in regard to diverting traffic into other
neighborhoods; and the need for an arterial highway to the east and at some point in
time it will be necessary to address an arterial highway alternative to Orange
Avenue. He stated that the proposal before Council would make the BullittJJamison
Corridor area a little safer, but what will be the cost in terms of safety to other
alternative roads.
Mr. Jamison advised that nothing is being proposed to be done that will
reduce the capacity of the roadway; and once traffic calming measures are installed
and constructed, motorists will recognize that there is very little, if any, reduction in
travel time. He called attention to the long range plan that includes a list of projects
known as "Thirteenth Street projects" which provide for improvements on Tazewell
Avenue and Thirteenth Street across the railroad tracks, Campbell and Wise
Avenues and measures that are proposed to alleviate some of the problems in those
areas; and the long range plan also recognizes the need for another roadway to
access the City.
At 11:30 a.m., the Mayor declared the meeting in recess and the Council
moved to the Council's Conference Room, Room 451, Noel C. Taylor Municipal
Building, for a Closed Session on the mid year performance of a Council Appointed
Officer.
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At 12:15 p.m., the Council meeting reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, for a joint
meeting of Council and the Roanoke City School Board, with Mayor Smith and
School Board Chair Gloria Manns presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., C. Nelson Harris, Linda F.
Wyatt, William D. Bestpitch, M. Rupert Cutler and Mayor Ralph K. Smith ................ 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- .................................. 1.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Robert Sparrow, Kathy G.
Stockburger, David B. Trinkle, Ruth C. Willson and Chair Gloria P. Manns .............. 6.
ABSENT: School Trustee Melinda J. Payne ................................................ 1.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L.
Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director
of Finance; and Mary F. Parker, City Clerk
Representing the Roanoke City Public Schools: Richard A. Kelley, Assistant
Superintendent; and Cindy L. Lee, Clerk, Roanoke City School Board.
OTHERS PRESENT: Senator John S. Edwards, Delegate-Elect William Fralin,
Delegate-Elect Onzlee Ware; and Thomas Dick, Legislative Liaison for the City of
Roanoke.
The Mayor advised that the purpose of the meeting was to meet with the City's
delegation to the Virginia General Assembly to discuss the City's 2004 Legislative
Program. He then turned the meeting over to Council Member William D. Bestpitch,
Chair, Legislative Committee.
Council Member Bestpitch welcomed Senator Edwards and Delegates-Elect
Fralin and Ware to the meeting. He expressed appreciation to the City Attorney and
to the City's Legislative Liaison for their work on the City's 2004 Legislative Program.
Thomas Dick, Legislative Liaison, presented an overview of the City's 2004
Legislative Program.
(For full text, see 2004 Legislative Program on file in the City Clerk's Office.)
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William Lindsey, School Trustee and a School Board representative to the
Legislative Committee, presented the Roanoke City Public School's Legislative
Program. He advised that the biggest problem facing public education is the lack of
financial support; State funding issues consist primarily of three major areas: the
JLARC study of 2001 which indicates that $535 million is required to meet prevailing
practices, $324 million is needed to meet State Board of Education changes in the
Standards of Quality, and rebenchmarking $525 million for increased costs related to
the Standards of Quality.
Mr. Kelley reviewed the following from the Schools 2004-2006 Legislative
Program:
Priority I - Rebenchmark SOQ: Increase in SOQ costs resulting from: teacher
and employee salary raises, inflation in operating costs (supplies, utilities,
insurance) and growth in student enrollment. An increase of $1.5 million in
State funds.
Priority 2 - SOQ Recommendations: State Board's SOQ recommendations
include full time elementary principals, assistant principals (400 students),
three periods weekly of art, music, physical education instruction and two
technology positions per 1,000 students, planning period for secondary
teachers, additional hour of prevention and remediation for identified
students. Increase of $2.3 million in State funds.
Priority 3 - School Construction. State to fund 55 per cent of school
construction costs and the State now funds 20 per cent of school
construction costs ($1.1 million). An Increase of $3.3 million in State funds.
Legislative Outcomes - Accomplish top three school goals as judged by
parents and non-parents: i.e.: provide children with tools to succeed in life,
master basic skills, and create well rounded children.
Senator Edwards advised that the Governor has announced a plan to enhance
revenue in the range of $1.2 - $1.4 billion, which is a slight improvement over current
funding and provides additional automatic funding for Medicaid, etc.. He stated that
the plan does not address critical needs of transportation, higher education, and
numerous other issues and it may be difficult to get the plan through the House of
Delegates. He added that the Commonwealth of Virginia is facing a serious fiscal
crisis for the third year in a row, and is the worst fiscal crisis that the State has faced
since World War II, having cut $3.8 billion in 2002, another $2 billion in 2003, or
approximately $6 billion in the last two years, and the State is looking at cutting
another approximately $1.5 billion unless something is done to enhance revenues.
He stated that the Governor's plan may not be the perfect plan, but it is a good plan
and encouraged local officials to support the plan, or another plan that will enhance
revenues, otherwise education funding will be cut. He emphasized that education is,
without a doubt, the most important priority in the Commonwealth of Virginia; and
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Senator Chichester, Republican Chair of the Senate Finance Committee, may
propose a plan that is even more aggressive than the Governor's plan. He spoke in
support of and advised that he will continue to work on a plan to dedicate lottery
money to a trust fund for school construction needs. He advised that he has
enjoyed representing the City of Roanoke in the Senate and looks forward to a
continuing good relationship with local officials.
Delegate-Elect Ware advised that he looks forward to the upcoming session of
the General Assembly. He stated that in order for the area to be successful,
legislative representatives will have to join together to champion those issues that
are specific to the Roanoke Valley.
Delegate-Elect Fralin advised that he is excited about the upcoming session of
the General Assembly and looks forward to working with Senator Edwards, Delegate
Griffith, Senator-Elect Bell and Delegate Elect-Ware. He advised that he and
Senator-Elect Bell are currently preparing a bill for the 2004 General Assembly
Session that will prohibit the establishment of drug treatment facilities that distribute
narcotic medications within one-half mile of a school, which should address the
situation in Roanoke County and in Roanoke City; and he also supports the 30 day
notification by the State to an affected locality. With regard to the advisory
referendum included in the City's Legislative Program, he advised that another
study, or another commission, may not be the answer and an advisory referendum is
probably an option that should be offered to citizens. He pledged his support to
work for the good of the Roanoke Valley and its citizens.
In regard to the proposed methadone clinic on Hershberger Road, the City
Manager called attention to numerous inquiries by citizens as to the appropriate
person or entity to correspond with; whereupon, it was suggested by Senator
Edwards and Delegate-Elect Fralin that citizens should write to the Department of
Mental Health, Mental Retardation and Substance Abuse Services, and to
representatives of the House of Delegates Education and Health Committee.
There being no further business, at 1:25 p.m., the Mayor declared the meeting
in recess, and Council Members reconvened in Closed Session in the Council's
Conference Room, Room 451, Noel C. Taylor Municipal Building, to continue the mid
year performance evaluation of a Council Appointed Officer.
At 2:00 p.m., on Monday, December l, 2003, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., C. Nelson Harris, Linda F.
Wyatt, William D. Bestpitch, M. Rupert Cutler, and Mayor Ralph K. Smith ............... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- ................................... 1.
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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 Paul E. Johnson,
Pastor, Williams Memorial Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
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, the item would be removed from the Consent Agenda and considered
separately.
CITY PROPERTY-LEASES: A communication from the City Manager
recommending that Council schedule a public hearing for Monday, December 15,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
leasing City-owned property located at 1302 Municipal Road, N. W., was before the
body.
It was advised that The Hertz Corporation currently leases approximately
87,120 square feet of City-owned land commonly known as 1302 Municipal Road,
N. W., for the purpose of operating an automobile rental establishment; the current
lease agreement expired on November 30, 2003; The Hertz Corporation wishes to
extend the lease for an additional five year period, beginning December 1, 2003
through November 30, 2008; and the proposed agreement would establish an
annual rate of $26,600.04, with an increase of two per cent each year thereafter.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYES: None ........................................................................................ 0.
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CITY COUNCIL-EASEMENTS-SEWERS AND STORM DRAINS: A
communication from the City Manager recommending that Council schedule a public
hearing for Monday, December 15, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, with regard to vacation and dedication of sewer and drainage
easements across property located on Wildwood Road, S. W., Official Tax
No. 1070605, was before the body.
It was advised that pursuant to provisions of the Code of Virginia, 1950, as
amended, the City is required to hold a public hearing on the proposed vacation and
dedication of sewer and drainage easements.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
BUDGET: A communication from the City Manager recommending that the
following Calendar of Events for Budget Preparation Activities for Fiscal Year 2004-
2005 be adopted:
April 12-16, 2004
City Manager briefs City Council on recommended
budget.
· April 15, 2004
Recommended budget document delivered to City
Council Members.
· April 19, 2004
Recommended budget presented to City Council at
regularly scheduled meeting.
· April 20, 2004
Advertisements of public hearing on recommended
budget and tax rates appear in newspapers.
· April 29, 2004
Public hearings on recommended budget and tax
rates.
**Requires special meeting of City Council
· May 7,10,11, 2004
Budget Study
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· May 11, 2004 Optional
· May 13, 2004
City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance.
· **Requires special meeting of City Council
Mr. Dowe moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
COMMITTEES-ARCHITECTURAL REVIEW BOARD: A communication from
Kyle G. Ray tendering his resignation as a member of the Architectural Review
Board, effective November 14, 2003, was before Council.
Mr. Dowe moved that the resignation be accepted and that the communication
be received and filed. The motion was seconded by Mr. Cutler and adopted by the
following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
COMMITTEES-SCHOOLS: A communication from Melinda J. Payne tendering
her resignation as a Trustee of the Roanoke City School Board, effective
December 31, 2003, was before the Council.
Mr. Dowe moved that the resignation be accepted and that the communication
be received and filed. The motion was seconded by Mr. Cutler and adopted by the
following vote:
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AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .................................................................................................... : ........ 6.
NAYS: None ......................................................................................... -0.
(Council Member Fitzpatrick was absent.)
COMMITTEES-LIBRARIES: A report of qualification of Sam G. Oakey, III, as a
member of the Roanoke Public Library Board, to fill the unexpired term of Brooke
Parrott, deceased, ending June 30, 2006, was before the Council.
Mr. Dowe 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 Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA:
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COMPLAINTS-SCHOOLS: The Reverend William L. Lee addressed Council
with regard to issues facing the Roanoke City Public Schools. He advised that the
past several months have caused many citizens a great deal of pain because they
cannot understand how Roanoke's school system, which has been under the
leadership of Dr. E. Wayne Harris for the past ten years, has become to some the
worst in the region; and after searching the archives of The Roanoke Times for the
past ten plus years with regard to articles dealing with Roanoke's schools and its
Superintendent, there have been few articles that hinted at anything negative
concerning Roanoke's schools or its Superintendent; however, in the past six
months, hardly a day passes without the school system and the Superintendent
being maligned.
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He stated that he would not downplay the Concern of parents and citizens over
violence in the schools, but some have challenged Council to the point that it has
acted as if Roanoke has a crisis, and the usual behavior in crisis is to place the
blame on one person or entity; and while it is understood that citizens have
concerns, the Roanoke City School system is not in crisis, and concerns can be
addressed through a collaborative effort by Council, the School Board and the
Superintendent of Schools.
Reverend Lee reviewed the following accomplishments of the Roanoke City
School system under the leadership of Superintendent Harris:
· 626 graduates earned over $2 million in scholarship funds;
72 per cent of Roanoke's students are now reading on grade level by
third grade;
· 15 of 19 elementary schools improved reading scores during 2002-03;
International Baccalaureate Program (96 lB Certificates and five lB
Diplomas);
Highly qualified staff (19 National Board Certified Teachers and over 50
per cent of administrators and educators hold advanced degrees);
Roanoke City School teachers and staff narrowed the achievement gap
by six per cent from 1998 to 2003 based on comparisons of the number
of Standards of Learning tests passed by black students in relation to
white students;
Standards of Learning Accreditation of the following schools: William
Fleming High School, Highland Park Elementary School, Raleigh Court
Elementary School, Patrick Henry High School, Crystal Spring
Elementary School, Grandin Court Elementary School, Fair View
Elementary School, Roanoke Academy of Mathematics and Science,
Wasena Elementary School, Woodrow Wilson Middle School, Fishburn
Park Elementary School, Breckinridge Middle School, Monterey
Elementary School, and Virginia Heights Elementary School.
He stated that early in his tenure, Dr. Harris promised "not to leave any child
behind" and advised that working with the School Board, he has kept his promise,
and under his leadership academic achievement has been raised and the dropout
rate has been lowered.
CkBS1\minutesO3\120103.wpd
In closing, Reverend Lee requested that Council publicly state that it acted too
hastily when a recent vote of no confidence in Dr. Harris was expressed.
(For full text, see statement on file in the City Clerk's Office.)
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the City of Roanoke is the grant recipient for Workforce
Investment Act (WIA) funding, thus, Council must appropriate funding for all grants
and other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs; the Western Virginia Workforce Development
Board administers the Federally funded Workforce Investment Act (WIA) for Area 3,
which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and
Roanoke, and the Cities of Covington, Roanoke, and Salem; and the following WIA
funding is intended for four primary client populations:
Dislocated workers who have been laid off from employment through
no fault of their own;
Economically disadvantaged individuals as determined by household
income guidelines defined by the U. S. Department of Labor;
Youth who are economically disadvantaged, or have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services.
It was further advised that the Western Virginia Workforce Development Board
has received a Notice of Obligation (NOO) from the Virginia Employment
Commission allocating $406,258.00 for the Adult Program, which serves
economically disadvantaged persons; and $365,200.00 for the Dislocated Worker
Program, which serves persons laid off from employment through no fault of their
own in Program Year 2003 (July 1, 2003-June 30, 2004);
The City Manager recommended that Council accept Western Virginia
Workforce Development Board Workforce Investment Act funding of $771,458.00 and
appropriate funds to accounts to be established in the Grant Fund by the Director of
Finance.
CkBS l\minutes03\120103.wpd
Mr. Dowe offered the following budget ordinance.
(#36552-120103) AN ORDINANCE appropriating funds for the Workforce
Investment Act 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. 36552-120103. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................................... 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
Mr. Dowe offered the following resolution:
(#36553-120103) A RESOLUTION accepting the Western Virginia Workforce
Development Board Workforce Investment Act funding of $771,458.00 and
authorizing the City Manager to execute the requisite documents necessary to
accept the funding.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36553-120'103. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
FEE COMPENDIUM-OUTDOOR DINING: The City Manager submitted a
communication advising that on April 1, 2002, Council adopted Ordinance
No. 35792-040102 providing for an outdoor dining permit program and amending the
Fee Compendium; annual fees per square foot of area approved for outdoor dining
were $6.50 per square foot for the year 2000, $7.00 per square foot for 2003, and
$8.00 per square foot for 2004; concerns regarding the fee structure limited the
interest of applicants in applying for an outdoor dining permit and were addressed
when Council reduced the fees to $3.25 per square foot in Ordinance No.
CkBS 1\minutes03\120103.wpd
35943-061702 on June 17, 2002, for calendar year 2002 and the fee was again
reduced to $3.25 by Council for calendar year 2003, pursuant to Ordinance No,
38237-021803; total program revenues for 2003 are $3,171.00, and, in an effort to
again provide an incentive for restaurants to apply for outdoor dining permits, the
City administration recommends that the reduced fee of $3.25 per square foot be
continued for calendar year 2004.
The City Manager recommended that Council amend the Fee Compendium so
that the fee of $8.00 per square foot originally proposed for calendar year 2004 is
reduced to $3.25 per square foot for calendar year 2004, with a minimum three-
month commitment from the applicant.
Mr. Dowe offered the following ordinance:
(#36554-120103) AN ORDINANCE directing amendment of the Fee
Compendium to establish the fee for outdoor dining permits for calendar year 2004;
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. 36554-120103. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
YOUTH-GRANTS: The City Manager submitted a communication advising that
the Aggression Replacement Training and Education Program (ARTEP) is an anger
control program operated by Sanctuary Crisis Intervention staff; the grant program
is designed to increase public safety and to provide accountability among assaultive
youth; and the pilot for the program had a 94% success rate and continues to be a
valuable addition to the continuum of services available in the treatment of juvenile
offenders.
It was further advised that ARTEP provides a less costly alternative than
incarceration of juvenile offenders; and the program increases the options available
to Juvenile Court Judges by providing intensive supervision, education and
rehabilitative treatment services for juvenile offenders who appear before the court
on violent offenses.
CkBS 1\minutes03\120103.wpd
It was stated that this is the last year in a five-year funding cycle, which has
required increasing local responsibility for funding to the current 75%; revenues
from JJDP have decreased to 25% of the project total in the fifth year to allow for
local assumption of costs; grant funds for the final year will fund a portion of the
Relief Counselor(s) salary and fringe benefits and administrative supplies; funding
awarded by the State for the current year is $17,571.50; and this years local match is
$52,714.00 and is provided from funding currently budgeted in the Crisis Intervention
Center budget.
The City Manager recommended that Council approve the following actions:
adopt a resolution accepting $17,571.50 in Federal funds from the Department of
Criminal Justice Services, Grant #03-D3256JJ02, for Sanctuary's Aggression
Replacement Training and Education Program; authorize to the City Manager to
execute the required grant acceptance, Request for Funds and any other forms
required by the Department of Criminal Justice Services; appropriate funding in the
amount of $17,572.00 to expenditure accounts to be established by the Director of
Finance in the Grant Fund; and establish a revenue estimate of $17,572.00 in funds
to be received from the State.
Mr. Cutler offered the following budget ordinance:
(#36555-120103) AN ORDINANCE appropriating funds for the FY04
Sanctuary's Aggression Replacement Training and Education Program 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. Cutler moved the adoption of Ordinance No. 36555-120103. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
Mr. Dowe offered the following resolution:
22
CkBS 1~minutes03\120103.wpd
(#36556-120103) A RESOLUTION authorizing the acceptance of a Juvenile
Justice and Delinquency Prevention Title II Grant from the Department of Criminal
Justice Services for the City's Crisis Intervention Center (Sanctuary) Aggression
Replacement Training and Education Program; and authorizing the execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36556-120103. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................................... 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
CITY CODE-ANIMALS/INSECTS: The City Manager submitted a communication
advising that in fiscal year 2002-2003, Police Department Animal Control Officers
responded to 14 calls for service in which dogs were declared to be "dangerous
dogs"; the Code of Virginia has been amended to allow a locality to require greater
liability insurance coverage for dangerous dogs; the Code of Virginia, Section 3.1-
796.93:1.(D).(2)., previously required only $50,000.00 insurance coverage; however, it
now states: "All certificates or renewals thereof required to be obtained under this
section shall only be issued to persons who present satisfactory evidence that the
owner, (of an animal found to be a dangerous dog), has liability insurance coverage,
to the value of at least $100,000.00, that covers animal bites"; and the Code of
Virginia, Section §3.1-796.93:1 .(B). revises definitions of "dangerous" and "vicious"
dogs.
It was further advised that amending the Code of the City of Roanoke to
increase the required liability insurance coverage from $50,000.00 to $100,000.00
and amending the definitions of "dangerous" and "vicious" dogs will increase the
level of protection for citizens and is expected to reduce the number of dangerous
dogs.
The City Manager recommended that Council adopt an ordinance amending
Sections 6-22 and 6-52 (d) of the Code of the City of Roanoke, 1979, as amended,
pertaining to dangerous and vicious dogs, revise the definitions of"dangerous dog
and "vicious dog" and increase the liability insurance coverage requirement from
$50,000.00 to $100,000.00 for owners of an animal found to be a dangerous dog.
23
CkBS1\minutesO3\120103.wpd
Mr. Dowe offered the following ordinance:
(#36557-120103) AN ORDINANCE amending and reordaining Article II,
Division I, Section 6-22, Definitions, and Division 3, Section 6-52, Keeping of
dangerous dogs; conditions of, Chapter 6, Animals and Fowl, of the Code of the City
of Roanoke (1979), as amended, to revise the definitions of "dangerous dog" and
"vicious dog" and to increase the minimum amount of liability insurance procured
and maintained by the owner of any dangerous dog to not less than $100,000.00; 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. 36557-120103. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................................. 6.
NAYS: None ......... , ................................................................................ 0.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the month of October, 2003.
Council Member Cutler advised that Civic Center revenues appear to be down;
whereupon, the City Manager advised that the agreement with Arena Ventures,
which is the umbrella organization through which a contract was rendered for the
National Basketball Development League, as well as entertainment provided by
Clear Channel Communications, called for the two entities to provide 28 and 26
events, respectively; a penalty clause is included in the contract to provide that if
Clear Channel does not provide the required number of events; and the City will
receive payment for loss of revenue from those events, the check has yet to be
received for the current year, therefore, it is not reflected in the numbers. She stated
that detailed information will be needed to provide specifics on the shortfall in the
number of Civic Center events; occasionally timing differences occur between the
report that is provided to the Roanoke Civic Center Commission and the financial
report prepared by the Director of Finance and staff is working to bring the reports
more in line with each other in a more timely way.
There was discussion in regard to the reason for the failure of Clear Channel
Communications to provide less than half of the number of events that were
proposed to be held; whereupon, the City Manager advised that generally, events are
down nationally; Clear Channel is a major promoter on a national and international
CkBS1\minutes03\120103.wpd
basis, and the City has been told that Clear Channel has delivered more
entertainment events at Roanoke's facility than any of the other five communities in
which Arena Ventures has a contract.
The Assistant City Manager for Operations advised that in 2002, the Arena
Ventures contract produced 13 events out of a required 28, therefore, a substantial
penalty was paid to the City based on total attendance; during the first yea~' of the
contract, Arena Ventures paid the City a $105,000.00 penalty and the City is due a
$117,000.00 penalty for the current year.
There being no further discussion, without objection by Council, the Mayor
advised that the Financial Report would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS:
CONSIDERATION OF ORDINANCES AND
COMMITTEES-INDUSTRIES: Mr. Dowe offered the following resolution
appointing Linda D. Frith as a Director of the Industrial Development Authority of the
City of Roanoke, to fill a four year term on the Board of Directors:
(#36558-120103) A RESOLUTION appointing a new Director of the Industrial
Development Authority of the City of Roanoke, to fill a four year term on the Board of
Directors.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36558-120103. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
CITY TREASURER: Ms. Wyatt offered the following resolution appointing
Evelyn W. Powers as City Treasurer for a term commencing upon her qualification
and expiring on December 31, 2005:
CkBS1 \minutes03\120103.wpd
(#36559-120103) A RESOLUTION appointing Evelyn W. Powers as City
Treasurer for a term commencing upon her qualification and expiring on
December 31, 2005.
(For full text of Resolution, see Resolution Book No. 68.)
Ms. Wyatt moved the adoption of Resolution No. 36559-120103. The motion
was seconded by Mr. Bestpitch.
The Mayor advised that Ms. Powers has served the City of Roanoke well for
approximately 22 years, having worked in the Municipal Auditor's Office where she
performed her duties in an outstanding manner. He stated that the duties of the
Treasurer are somewhat different and deal with management issues, therefore, it
would be wise to fill the position with a person who has extensive management
experience. He further stated that an individual, whom he referred to as Candidate
No. 3, possessed management experience but was not selected by the Council. He
advised that he wishes Ms. Powers much success in her new position, but he was
elected to vote in the best interests of all citizens, regardless of how popular or
unpopular his vote may be, and for that reason he will vote for Candidate No. 3.
Resolution No. 36559-120103 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and Mayor
Smith .............................................................................................................. 5.
NAYS: None .................................................................................................... 0.
(Mayor Smith voted for Candidate No. 3.)
(Council Member Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SCHOOLS-CITY COUNCIL: Council Member Dowe expressed appreciation to
The Reverend William L. Lee, other area ministers, members of Loudon Avenue
Christian Church, and other persons from the community who took the time from
their busy schedules to support not only Reverend Lee, but Dr. E. Wayne Harris,
Superintendent of Roanoke City Public Schools. He strongly encouraged Council to
prayerfully consider Reverend Lee's request.
(See pages 17 -19.)
CkBS1\minutesO3\120103.wpd
26
COMMITTEES-SCHOOLS: In view of an upcoming vacancy on the Roanoke
City School Board on December 31, 2003, due to the resignation of Melinda J. Payne,
Mr. Bestpitch moved that applications be received until Friday, December 12, 2003,
at 5:00 p.m., in the City Clerk's Office; and that the City Clerk be instructed to
advertise the vacancy and to schedule a public hearing for Monday, December 15,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council
Chamber to receive the views of citizens. The motion was seconded by Mr. Harris
and unanimously adopted.
WATER RESOURCES: Council Member Cutler commended City Staff on a
complimentary article which was published in a recent issue of Virginia Town and
City Magazine with regard to the City's Crystal Spring Water Plant.
LIBRARIES: Council Member Cutler called attention to a Letter to the Editor
which appeared in the November 28, 2003 edition of The Roanoke Times entitled,
"Spruce Up Library Plaza", and encouraged the City to pay more attention to the
condition of the Main Library which is an important resource for the City of Roanoke.
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.
COMPLAINTS-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
expressed concern that from time to time Council appears to deviate from the
printed agenda by acting on reports of the City Manager that are not included on the
formal agenda. She stated that this practice prevents the public from being informed
and having the opportunity to address the issues; therefore, she asked that the City
Manager be instructed to refrain from making changes to the formal agenda.
COMPLAINTS: Ms. Ethel D. Bethel, 35 Patton Avenue, N. E., advised that for
several Council meetings, she has addressed the issue of character building. She
further advised that history was make when Ms. Brenda Hamilton, a young black
woman of tremendous courage and knowledge, was elected as Clerk of the Circuit
Court, and Roanokers should pause and give recognition to this historic event. She
added that many citizens throughout the Roanoke Valley have stated that when
Council issued a vote of no confidence in Dr. E. Wayne Harris, Superintendent of
Roanoke City Public Schools, itwas an attempt by Council to deflect the City's state
of affairs from the City Manager. She advised that at the last Council meeting, the
City Manager responded to several issues concerning the proposed stadium, but
she failed to respond to the issue of toxic waste and hazardous materials upon
which a playing or sitting field will be constructed. She inquired if the City
administration is being "penny wise and pound foolish" with the example of the
possibility of saving $300,000.00 on a $3 million project, when $300,000.00 has
already been spent on a new logo for the City; therefore, where is the overall
savings. She stated that citizens want to know the total cost of the proposed
27
CkBS 1\minutes03\120103.wpd
stadium/amphitheater complex. She asked that Council Members give thought to
what type of character Council is building and what type of character is being
portrayed to Roanoke's children. She further asked that Council give consideration
to the effectiveness of Roanoke's School Board under the administration of Dr.
Harris.
COMPLAINTS: Mr. Robert E. Gravely, 729 Loudon Avenue, N. W., spoke with
regard to unhonored commitments by the City in northwest Roanoke; i.e.: to housing
and installation of sewer lines. He stated that Council Members were elected to
represent all of the people and not a chosen few, all citizens should be treated
equally, measures should be taken to decrease the crime rate in the City of Roanoke,
and wages should be sufficient so that the average City worker can afford to
purchase a house.
CITY MANAGER COMMENTS:
CITY COUNCIL-DRUGS/SUBSTANCE ABUSE-HEALTH DEPARTMENT-ZONING:
The City Manager advised that Council met earlier in the day with the City's
representatives to the General Assembly to discuss the City's proposed 2004
Legislative Program, and an item of priority in the legislative program is a request to
modify the State Code to provide for future notification of localities when any type of
substance abuse or methadone clinic is to be considered in a locality. She stated
that the City will provide information on the membership of a health committee
representing the House of Delegates and the Senate for the benefit of those persons
who would like to express a concern or write letters of support for the amendment;
and letters should also be forwarded to the State Department of Mental Health
Mental Retardation and Substance Abuse, which is the permitting organization for
such facilities.
At 3:'15 p.m., the Mayor declared the meeting in recess and advised that the
Council meeting would immediately reconvene in the Council's Conference Room
for a briefing in the First Street Bridge.
BRIDGES: The City Manager introduced a briefing on the First Street Bridge.
She advised that after reviewing certain e-mail correspondence last week, there
appeared to bea need to bring the First Street Bridge design back to the Council to
determine if there has been a change in direction on the bridge itself. She stated
that at the time of the naming of the bridge, which was an action by Council, it was
suggested that a committee be appointed to look at how to incorporate within the
bridge some type of tribute, or tributes, to Dr. Martin Luther King, Jr., therefore, the
Martin Luther King, Jr. Bridge Committee was named. She presented a list
containing the names of committee members which includes original committee
members and certain stakeholders in the immediate area of the bridge,
neighborhood representatives and representatives of the Roanoke Arts Commission.
She referred to a discussion by Council on February 3, 2003, at which time itwas the
consensus of Council that the First Street Bridge would be both a pedestrian and a
one-way bridge traveling south into the downtown, which was a different approach
CkBS 1\minutes03\120103.wpd
than had previously been discussed, and called for the structure to be a strictly
pedestrian bridge. She added that recent e-mails prompted her to bring the matter
to. the Council's attention once again because there may be either a
miscommunication, or a need to clarify communication on what is intended to be the
format for bridge repair/replacement. She called upon the City Engineer to review
elements of the previous presentation and advised that staff would be pleased to
receive additional direction from the Council.
The City Engineer advised that virtually all elements of the First Street Bridge
will be replaced; and both of the approach spans will be replaced on either end of
the bridge as well as the center span, for the reason that the bridge is over 100 years
old and has deteriorated significantly. He stated that the bridge is currently being
inspected every six months and has been closed to traffic since 2000; bridge
inspections continue to classify the structure in poor condition, with deterioration
due to rust and corrosion; the bridge is classified as a fractured critical structure,
and the entire bridge could collapse if a single member or rivot were to fail, which
creates structural concerns and caused that the bridge to be closed to traffic. He
advised that it is the opinion of City staff and the design consultants that it will be
more cost effective to replace the center span, construct a new span using
conventional girder spacing in the middle and place decorative truss elements on
either side which would resemble the old bridge by using the same type of new and
modern material. He stated that the question is: What will happen to the old bridge?
He advised that the City has been operating under the assumption that the bridge
would become the property of the contractor who would be responsible for
demolition and another option would be to make the bridge available to an interested
party for refurbishment and use; it is unlikely that the bridge could be dismantled
because it would have to be cut into three pieces; and staff is open to other options,
however, funds have not been budgeted to demolish the structure.
The Mayor advised that if the First Street Bridge could be relied on as a light
duty bridge, he would favor leaving it intact and that the structure not be demolished
without first attempting to save the bridge because it is the last remaining iron
bridge from an era approximately 100 years ago.
The City Manager advised that the bridge is budgeted at $2.2 million which
includes $275,000.00 for removal of the railroad signals; Norfolk Southern has
advised that it has no problem with the City replacing or repairing the bridge, but the
cost of removing the signals will be a City expense; and an unknown at this point is
the fact that Congressman Goodlatte has submitted legislation requesting
$500,000.00 for the First Street Bridge, but there is no indication as to whether the
legislation will be successful. She stated that the minutes of the February 3, 2003
briefing to Council indicate that staff spoke to a new bridge that would closely
resemble the existing bridge, but would be of new materials. She referred to a
communication which is proposed to be forwarded to Alison Blanton, representing
the Roanoke Valley Preservation Foundation; which triggered the present
discussion that the bridge structure could be made available to the Preservation
Foundation; or to any other interested group. She advised that the City of Roanoke
CkBS1 \minutes03\120103.wpd
could not be responsible for the expense of removal and relocating the bridge;
whereupon, she requested guidance from Council on how to respond to Ms.
Blanton's letter. She stated that City staff has no real preference and wishes to do
the bidding of Council; the First Street Bridge is a piece of unfinished business in
Roanoke's downtown and there is a need to go about the business of fixing the
bridge in whatever manner the Council deems appropriate; and following discussion
by Council and the Martin Luther King, Jr. Bridge Committee, City staff is prepared to
move forward with bidding on either repair, or replacement, of the First Street
Bridge.
Council Member Cutler inquired about costs in connection with using the
decorative elements of the bridge, rather than fabricating new elements; whereupon,
the City Engineer advised that he would provide Council with a cost estimate.
Council Member Wyatt again stated her preference that the First Street Bridge
be used solely as a pedestrian bridge; however, such does not appear to be the
desire of the majority of the Council. Therefore, she asked that Council not take the
position that the bridge should look exactly like the old bridge and suggested that
the Dr. Martin Luther King, Jr. Bridge Committee be given the latitude to recommend
a design that may be more viable or pleasing to the community, but is within the
realm of $2.2 million.
The Mayor advised that the First Street Bridge has been out of proportion
since it was elevated approximately ten years ago; if the original bridge cannot be
saved at its present location, he asked to review the budget before the structure is
advertised for bids; and if $500,000.00 is to be included for ornamentation, the City
might be better served by spending the one-half million dollars elsewhere. He added
that if the bridge cannot remain in its present state and if metal members cannot be
used, every effort should be made for the Preservation Society, or any other
interested party, to use the structure.
The City Manager called attention to a similar project that was completed by
the State last year and, using that project as a guide, it may be possible to determine
the difference in cost to take the structure down, clean, repair and reconstruct the
bridge.
She advised that there is no plan to bid the project until after there has been
an opportunity for the Martin Luther King, Jr. Naming Committee to address the
matter, with the understanding that there may be something in the design itself,
whether it be a gateway, or some other feature, that might bear the name of
Dr. Martin Luther King, Jr.,~which could be included in bid documents. She
explained that staff is clearly at a point that once the committee has completed its
deliberations, the design can be finalized and the project can move forward. She
stated that the additional cost estimate will be provided to Council no later than the
first meeting in January 2004. She referred to a drawing that was used during the
presentation, and asked if the drawing, with deletion of the word "rehabilitation",
would be appropriate to present to the Dr. Martin Luther King, Jr. Naming Committee
CkBSl\minutes03\120103.wpd
Following the briefings, the Council reconvened in Closed Session in the
Council's Conference Room.
At 4:50 p.m., the Council meeting reconvened in the Council chamber, with all
Members of the Council in attendance, except 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 Dowe, Harris, Bestpitch, Cutler, and Mayor
Smith .......................................................................................................... 5.
NAYS: None ................................................................................................ -0.
(Council Member Fitzpatrick was absent.)
(Council Member Wyatt was not in the Council Chamber when the vote was
recorded.)
Them being no further business, the Mayor declared the meeting adjourned at
4:55 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
3]
CkBS 1\minutes03\120103.wpd
RALPIt K. SMITIt
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Janua~ 20,2004
Council Members:
William D. Bestpitch
M. Rupert Cutler
Affred T. Dowe, Jr.
Beverly T Fitzpatrick, Jr.
C. Nelson Harris
Linda E Wyatt
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I wish to request a Closed Meeting to discuss the mid-year performance of three
Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950),
as amended.
2ehl a icro m m ittee
ATD:snh
WILLIAM M. HACK3VORTH
CITY ATTOKNEy
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: ¢ityatly~ci roanoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNeys
Janua~ 20,2004
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting for consultation with
legal counsel regarding actual litigation where such consultation in open session would
adversely affect the City's negotiating or litigating posture, pursuant to §2.2-3711.A.7, Code
of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
WMH:f
William M. Hackworth
City Attorney
CC:
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
H:\COUNCiL\l-hmcloseA7litigation01200<1oc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk~ci.ro~noke.va.us
January 22, 2004
File #-110-207
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. William L. Bova
3402 Sunchase Ct.
Roanoke, Virginia 24018
Dear Mr. Bova:
Your resignation as a member of the Industrial Development Authority, effective
January 9, 2004, was before the Council of the City of Roanoke at a regular meeting which
was held on Tuesday, January 20, 2004.
On motion, duly seconded and adopted, the resignation was accepted and your
communication was received and filed.
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 Industrial Development
Authority from October 22, 1997 to January 9, 2004. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the
Mayor on behalf of the Members of the Roanoke City Council.
With warmest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc~
Dennis R. Cronk, Vice-Chair, Industrial Development Authority, 3310 Kingsbury
Circle, S. W., Roanoke, Virginia 24014
Stephanie M. Moon, Deputy City Clerk
William L. Bova
34o2 Sunchase Ct.
Roanoke, VA 24o~8
Mary F. Parker
City Clerk
215 Church Ave. SW Room 465
Noel C. Taylor Municipal Building
Roanoke, VA 24011
Dear Mrs. Parker:
January 8, 2004
Because I will soon be relocating to another state, please be advised that I am
resigning my seat on the Roanoke Industrial Development Authority as of
January 9, 2004.
It was my privilege to have served the citizens of Roanoke on this Authority,
and please pass along my appreciation to the members of Council for having
appointed me.
Thank you,
William L. Bova
pc: Harwell M. Darby, Jr., Esq.
MARy F. PARKER, CMC
City Cleric
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@ei.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 23, 2004
File #110-467
Cindy H. Lee, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Lee:
This is to advise you that Alvin L. Nash has qualified as a Trustee of the Roanoke City
School Board, to fill the unexpired term of Melinda J. Payne, resigned, ending June 30,
2004.
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
¢ommc
I
the Uni,
that I wi
as a Tr~
Payne,
od).
Subsc
Oath or Affirmation of Office
~wealth of Virginia, City of Roanoke, to-wit:
Alvin L, Nash, do solemnly swear (or affirm) that I will support the Constitution of
ed States of America and the Constitution of the Commonwealth of Virginia, and
I faithfully and impartially discharge and perform all the duties incumbent upon me
,stee of the Roanoke City School Board, to fill the unexpired term of Melinda J.
resigned, ending June 30, 2004, according to the best of my ability (So help me
bed and sworn to before me this 7I~ day of -J~.~./V_ 2004.
Judge, Twenty-Thi~l Judicial Circuit
II II
MARy F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 23, 2004
File #110-253
Mr. John R. Hubbard
Chief Executive Officer
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Hubbard:
This is to advise you that Bittle W. Porterfield, Iii, has qualified as a member of the
Roanoke Valley Resource Authority, for a term ending December 31,2007.
Sincerely,
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, Bittle W. Porterfield, III, 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 Valley Resource Authority for a term
ending December 31,2007, according to the best of my ability.
,DEPUTYCLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC '
City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
January 26, 2004
File #429
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 20, 2004, C. R. Martin, President, Roanoke City Retirees Association requested a
pay increase for City retirees for fiscal year 2005 and a supplement toward health
insurance for employees 65 years of age and older.
The matter was referred to the fiscal year 2004-2005 budget study.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Dadene L. Bumham
Janua~ 26,2004
Page 2
Clarence R. Martin, President, Roanoke City Retirees Association, 155 Huntington
Boulevard, N. E., Roanoke, Virginia 24012
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director, Office of Management and Budget
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
January 20,2004
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
C. Nelson Harris
Linda E Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
We jointly sponsor a request of C. R. Martin to address Council with regard to
pension supplements for retirees at the regular meeting of City Council on
Monday, January 20, 2004.
Sincerely,
Linda F. Wyatt, Council Member
William D. Bestpitch, Council Member
LFW/WDB:snh
c: City Attorney
Director of Finance
City Clerk
ROANOKE
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
Januaw 22,2004
File #178-226-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36598-012004 authorizing the City Manager to enter
into a 2003-2004 Community Development Block Grant (CDBG) Subgrant Agreement with
the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers
project, upon certain terms and conditions as more particularly set forth in the City
Manager's letter dated January 20, 2004, to Council.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker,
City Clerk
MFP:ew
Darlene L. Bu~ham
Janua~ 22,2004
Page 2
pc:
Alvin L. Nash, Director, Blue Ridge Housing Development Corporation, Inc.
510 11th Street, N. W., Roanoke, Virginia 24017
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 2004.
No. 36598-012004.
A RESOLUTION authorizing the City Manager to enter into a 2003-2004
Community Development Block Grant (CDBG) Subgrant Agreement with the Blue
Ridge Housing Development Corporation, Inc., regarding the World Changers project,
upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the
City, a 2003-2004 CDBG Subgrant Agreement with the Blue Ridge Housing
Development Corporation, Inc., regarding the World Changers project, as more
particularly set forth in the City Manager's letter dated January 20, 2004, to Council,
such agreement to be approved as to form by the City Attorney.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Janua~ 20,2004.
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 and Members of Council'
Subject:
Subgrant Agreement with ~lue
Ridge Housing Developm~:nt
Corporation, Inc, for the 2:304
World Changers Project
Background:
World Changers, a volunteer ministry of the North American Mission Board, ,S,:~uthern
Baptist Convention (World Changers), brings together youth and adults from aci'oss the
Nation to participate in housing and related community service projects. Last year,
under a subgrant agreement with Blue Ridge Housing Development Corporation, Inc.
(BRHDC), which provided Community Development Block Grant (CDBG) funding for
materials and other support, approximately 450 World Changers volunteers asslsted in
repairing more than 40 homes in the city. During the project, housing for workc, rs was
provided by the Roanoke City School Board. Given the 2003 project's success ;~nd the
productive working relationships that were established, the City; BRHDC an¢ World
Changers are looking to conduct another project during the summer of 2004. A total of
$80,000 in CDBG funds is to be committed to the 2004 project, as detailed in the
attached draft subgrant agreement. These funds were authorized by City Council under
Resolution No. -010504, adopted January 5, 2004, which amended thc; City's
Consolidated Plan to add the 2004 World Changers project.
The Honorable Mayorand Members of Council
January 20,2004
Page 2
Considerations:
A subgrant agreement, similar in form and content to the attachment to this Council
Letter, will outline the activities to be undertaken by BRHDC and World Changers.
Housing for the World Changers volunteers will again be provided by the Roanoke City
School Board; arrangements are being finalized by BRHDC and the City's Youth
Services Superintendent directly with school officials.
Recommended Action:
Authorize the City Manager to execute a CDBG Subgrant Agreement with Blue Ridge
Housing Development Corporation, . Inc., similar in form and content to the attachment to
this Council Letter, such agreement to be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B~
City Manager
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director of Management and Budget
Frank E. Baratta, Budget Team Leader
Report # CM03-00248
AGREEMENT
This agreement is made and entered into this __ day of
the following parties:
,2004, by and between
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Housing
Development Corporation, Inc.
510 11th Street, N.W.
Roanoke, Virginia 24017
WITNESSETH
WHEREAS, by Resolution No. __-010504, adopted January 5, 2004, Roanoke City
Council authorized amending the 2003-2004 Annual Update to the Consolidated Plan to
provide funding for the 2004 World Changers activities; and
WHEREAS, by Resolution No. __ , Roanoke City Council authorized the
execution of a subgrant agreement between the Grantee and the Subgrantee to conduct
the 2004 World Changers activities and by Ordinance No. __ appropriated
funds therefor;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
General - Activities to be undertaken by the Subgrantee under this Agreement
shall be known as the "Summer 2004 World Changers Housing Rehabilitation
Project" (the "Project") and have as their purpose the rehabilitation of single-
family housing. Through CDBG funding provided by the Grantee, the
Subgrantee will coordinate the rehabilitation of approximately thirty (30) homes
located in targeted areas of the City of Roanoke. In addition, the Subgrantee
may coordinate community service projects such as block litter clean-ups,
gateway beautification, planting trees or shrubbery in the areas of property
rehabilitation. All homes assisted with CDBG funds under this Agreement
shall be the principal residences of "eligible homeowners," as described in
section 1 .b. below. Further, housing activities shall be conducted in a manner
consistent with the due diligence and budget attached to this Agreement.
Eligible Homeowners -- For the purposes of this Agreement, an "eligible
homeowner" shall mean a family whose income, adjusted for family size, does
not exceed 80% of the area median income defined by the U.S. Department of
Housing and Urban Development ("HUD") and in effect at the time the family
Page 1 of 23 Pages
applies for assistance. In addition, the home for which the family is applying
for assistance must be the family's principal residence. The Subgrantee shall
prepare, and retain with records of the Project, documentation of its
determination of each eligible family's size and income, including the name,
age, and the sources and estimated amount of income anticipated for the
succeeding twelve months for each individual related by birth, marriage or
adoption living in the same household at the time of the determination.
Allowable Expenditures -- Funds provided by the Grantee under this
Agreement shall be used by the Subgrantee solely for the costs associated
with coordinating the rehabilitation of approximately thirty (30) homes in the
targeted areas of the City of Roanoke. Except as indicated below, funds under
this Agreement may be expended for any necessary, reasonable and
allowable CDBG costs, including, but not necessarily limited to, staff,
marketing, property preparation, supplies and equipment rental, rehabilitation
costs, and other related costs associated with the Project. With the Grantee's
prior approval, expenditures may also include the cost of capacity-building
activities of the Subgrantee.
Period of this Agreement --This Agreement shall be effective as of
2004, and, unless amended, shall end September 30, 2004.
BUDGET
Unless amended, the total amount of CDBG fund provided by the Grantee under
this Agreement shall not exceed $80,000. Of this amount, not more than $8,100
shall be used by the Subgrantee for general administrative, project delivery and
capacity-building activity costs without prior written approval from the Grantee. At
the sole discretion of the Grantee, any funds remaining unexpended as of the end
date of this Agreement may be deobligated from the Agreement and made available
for other CDBG projects of the Grantee, as appropriate.
REQUESTS FOR DISBURSEMENTS OF FUNDS
Disbursement of funds under this Agreement shall not be requested until the
funds are needed for payment of allowable expenses. The amount of each
disbursement request must be limited to the amount needed.
In general, disbursements shall be requested no more frequently than monthly,
and shall be submitted to the Grantee's Department of Management and
Budget in form and content satisfactory to the Grantee, including copies of
invoices or bills from vendors supporting the request. Requests for payment of
staff wages and benefits shall be supported by payroll summaries or similar
documentation.
Disbursement of funds to the Subgrantee for properly documented requests
will generally be made within ten (10) days of receipt, subject to the allowability
Page 2 of 23 Pages
of costs and the timely receipt of monthly reports (see section 5 below).
All requests for disbursements of funds associated with activities under this
Agreement must be received by the Grantee within 30 calendar days of the
ending date set forth in section 1 .d. above. The Grantee shall not be bound to
honor requests for disbursements received after this 30-day period has
expired.
RECORDS REQUIREMENTS
Records to be maintained -- At a minimum, the Subgrantee shall maintain
financial and project documents and records which comply with the
requirements of 24 CFR 570.506, and 570.507, as applicable.
Period of record retention -- In compliance with the requirements of 24 CFR
570.502(b), the Subgrantee shall retain financial and project documents and
records pertaining to this Agreement for a period of four (4) years, as
applicable, or the conclusion of any legal or administrative process requiring
their use, whichever is later.
Access to records -- The Grantee and other entities shall have access to
financial and project documents and records pertaining to this Agreement in
compliance with the applicable requirements of 24 CFR 84.53.
REPORTING REQUIREMENTS
By the 7th working day following the end of each month, the Subgrantee shall
report the progress of activities covered by this Agreement, in a format
acceptable to the Grantee's Department of Management and Budget. Such
monthly reports shall include, but not be limited to, the following:
(1)
A narrative section summarizing progress to-date on each program
included under the Scope of Services and documents any matching
funds identified or to be contributed by the Subgrantee;
(2) A list of monthly gross program income receipts from all sources;
(3) A list of any real or non-expendable personal property, including
equipment, purchased with CDBG funds; and
(4) A table providing data on each housing unit and eligible family assisted
(see Attachment A for minimum data elements to be reported).
b. The Subgrantee agrees to submit any other reports or documentation as
requested by the Grantee concerning activities covered under this agreement.
Page 3 of 23 Pages
6. MONITORING
The Subgrantee shall monitor the progress of the project covered by this
Agreement, and shall submit appropriate reports to the Grantee's Department of
Management and Budget. In addition, it is the Grantee's intention to monitor the
Subgrantee's performance and financial and programmatic compliance, which may
include on-site reviews, at least once during the period of this Agreement.
7. ANNUAL AUDIT
As an entity receiving more than $300,000 in federal funding from the Grantee, the
Subgrantee shall provide for an annual independent audit of the CDBG/HOME
expenditures under this Agreement which complies with OMB Circular A-133.
Within 30 days following its completion, two (2) copies of the audit will be provided
to the Grantee's Department of Management and Budget.
8. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or Subgrantee
directly generated from the use of CDBG funds. Program income from any and all
sources shall be submitted to the Grantee within five (5) days of its receipt by the
Subgrantee. No program income is expected.
9. REVERSION OF ASSETS
Upon expiration or termination of this Agreement, including any amendments
thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or
Program Income on hand at the time of expiration or termination and any
accounts receivable attributable to the use of CDBG funds.
b. Any real property under the Subgrantee's control that was acquired or
improved, in whole or in part, with CDBG funds in excess of $25,000:
(1)
Shall continue for a period of not less than five years following expiration
of this Agreement, including any amendments thereto, to be used to meet
one of the CDBG national objectives cited in 24 CFR 570.208; or
(2)
If the property is not used in accordance with paragraph (1) above, the
Subgrantee shall pay the Grantee an amount equal to the current market
value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement
to, the property. The payment shall be considered Program Income to
the Grantee.
10. SUSPENSION AND TERMINATION
In the event the Subgrantee materially fails to comply with any term of the
Page 4 of 23 Pages
Agreement, the Grantee may suspend or terminate, in whole or in part, this
Agreement or take other remedial action in accordance with 24 CFR 85.43. The
Agreement may be terminated for convenience in accordance with 24 CFR 85.44.
11. COMPLIANCE WITH FEDERAL REGULATIONS
The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set
forth in Attachment B and all other applicable federal regulations relating to specific
programs performed hereunder. Further, the Subgrantee agrees to require
compliance with applicable federal regulations of the contractor by agreement.
12. SECTION 504:
The Subgrantee agrees to comply with any federal regulation issued pursuant to
compliance with the Section 504 of the Rehabilitation Act of 1973, as amended
which prohibits discrimination against the disabled in any federal assisted program.
13. OTHER PROGRAM/PROJECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall likewise
comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance
with the type of project assisted. Such other requirements include, but are not
necessarily limited to, the following.
Property standards and lead-based paint -- All housing assisted shall meet the
Statewide Building Code and the lead-based paint requirements in 24 CFR
570.608. In accordance with regulations, the Subgrantee shall adhere to
lead-based paint abatement practices, as applicable, and in no case shall use
lead-based paint in the construction or rehabilitation of the properties assisted
under this Agreement.
Section 109 -- In accordance with Section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States
shall on grounds of race, color, religion, sex or national origin be excluded from
participation in, denied the benefits of, or subjected to discrimination under any
program or activity funded in whole or in part with funds available under this
Agreement. (See also Attachment B.)
Conditions for reli,qious organizations -- The Subgrantee shall not grant or loan
any CDBG funds to primarily religious organizations for any activity including
secular activities. In addition, funds may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist
primarily religious organizations in acquiring housing. In particular, there shall
be no religious or membership criteria for homeowners to be assisted under
this Agreement.
f. Labor standards -- As herein structured, the program covered by this
Page 5 of 23 Pages
Agreement is not considered subject to federal Labor Standards, including
prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards
will be applicable in the event CDBG funds are used for infrastructure
improvements. Such standards will also become applicable for any single
structure in which more than 7 housing units are assisted.
Environmental standards -- In accordance with 24 CFR 570.604, the activities
under this Agreement are subject to environmental review requirements. Such
requirements may include, but are not necessarily limited to, historic
significance, floodplain, and hazardous sites. The Grantee has performed the
tiered review necessary to initiate the preliminary program activities; however,
no CDBG funds may be expended for a given property prior to the
Subgrantee's individual property review and completion of the required
Subgrantee environmental checklist. All specifications for proposed housing
rehabilitation under this Agreement will be submitted to the Grantee's
Department of Management and Budget for review as to compliance with
Section 106 of the National Historic Preservation Act. The results of this
historic review shall be reflected in the Subgrantee's environmental checklist
and no work shall proceed on any given property until the Subgrantee has
completed the respective checklist, including the results of the historic review.
Displacement and relocation -- In accordance with 24 CFR 570.606, the
Subgrantee shall take all reasonable steps to minimize displacement as a
result of the activities described in section 1. Any persons displaced as a
result of the activities under this Agreement shall be provided relocation
assistance to the extent permitted and required under applicable regulations.
Employment and contractin,q opportunities -- In accordance with 24 CFR
570.607, the activities under this Agreement are subject to the requirements of
Executive Order 11246, as amended, and Section 3 of the Housing and Urban
Development Act of 1968. The former prohibits discrimination on federally-
assisted construction contracts and requires contractors to take affirmative
action regarding employment actions. The latter provides that, to the greatest
extent feasible and consistent with federal, state and local laws, employment
and other economic opportunities arising housing rehabilitation, housing
construction and public construction projects shall be given to Iow- and very-
Iow-income persons. (See also Attachment B.)
Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee
shall not employ or otherwise engage any debarred, suspended, or ineligible
contractors or subcontractors to conduct any of the activities under this
Agreement. The Subgrantee will submit to the Grantee's Department of
Management and Budget the names of all contractors and subcontractors
selected under this Agreement to determine if such contractors or
subcontractors are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in federal
transactions.
Page 6 of 23 Pages
Uniform administrative requirements -- The Subgrantee shall comply with the
requirements and standards set forth in 24 CFR 570.502, and all applicable
CDBG and other federal regulations pertaining to the activities performed
under this Agreement.
Conflict of interest -- In accordance with 24 CFR 570.611, no covered
individual who exercises any functions or responsibilities with respect to the
program, during his tenure or for one (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the program assisted
under this Agreement. The Subgrantee shall incorporate, or cause to be
incorporated, in any contracts or subcontracts pursuant to this Agreement a
provision prohibiting such interest pursuant to the purposes of this section.
14. EQUAL EMPLOYMENT OPPORTUNITY
Non-Discrimination: During the performance of this Agreement, the Subgrantee
agrees as follows:
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Subgrantee. The
Subgrantee agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
The Subgrantee, in all solicitations or advertisements for employees placed by
or on behalf of the Subgrantee, will state that such Subgrantee is an equal
opportunity employer.
Notices, advertisement and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
The Subgrantee will include the provisions of the foregoing subsections (a), (b)
and (c) in every contract or purchase order of over ten thousand dollars and no
cents ($10,000.00) so that the provisions will be binding upon each contractor
or vendor.
15. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) post in conspicuous places, available to employees and applicants
for employment, a statement notifying employees that the unlawful manufacture,
Page 7 of 23 Pages
sale, distribution, dispensation, possession, or use of a controlled substance or
marijuana is prohibited in the Subgrantee's workplace and specifying the actions
that will be taken against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of the
Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include
the provisions of the foregoing clauses in every subcontract or purchase .order of
over ten thousand dollars and no cents ($10,000.00), so that the provisions will be
binding upon each subcontractor or vendor. For the purposes of this subsection,
"drug-free workplace" means a site for the performance of work done in connection
with this contract.
16. FAITH-BASED ORGANIZATIONS
Pursuant to §2.2-4343.1 of the Code of Virqinia (1950), as amended, the City of
Roanoke does not discriminate against faith-based orqanizations.
17. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other than the
Subgrantee.
18. INDEMNIFICATION
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on account of
any injury or damage of any type to any person or property growing out of or directly
or indirectly resulting from any act or omission of the Subgrantee including: (a) the
Subgrantee's use of the streets or sidewalks of the Grantee or other public property;
(b) the performance under this Agreement; (c) the exercise of any right or privilege
granted by or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or
under this Agreement. In the event that any suit or proceeding shall be brought
against the Grantee or any of its officers, employees, agents, volunteers or
representatives at law or in equity, either independently or jointly with the
Subgrantee on account thereof, the Subgrantee, upon notice given to it by the
Grantee or any of its officers, employees, agents, volunteers or representatives, will
pay all costs of defending the Grantee or any of its officers, employees, agents,
volunteers or representatives in any such action or other proceeding. In the event
of any settlement or any final judgement being awarded against the Grantee or any
of its officers, employees, agents, volunteers or representatives, either
independently or jointly with the Subgrantee, then the Subgrantee will pay such
settlement or judgement in full or will comply with such decree, pay all costs and
expenses of whatsoever nature and hold the Grantee or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
Page 8 of 23 Pages
19. INDEPENDENT CONTRACTOR
Services performed under this agreement shall be performed on an independent
contractor basis and under no circumstances shall this Agreement be construed as
establishing an employee/employer relationship. The Subgrantee shall be
completely responsible for its activities in performing services hereunder.
20. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their assigns,
purchasers, trustees, and successors.
21. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire agreement
between the parties and shall not be modified, amended, altered or changed,
except by written agreement executed by the parties.
22. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of the
Subgrantee hereunder, or its City Council may appropriate further funds for the
implementation of this HOME rehabilitation project. In such event or events, such
changes which are mutually agreed upon by and between the Grantee and the
Subgrantee shall be incorporated by written amendment to this Agreement.
21. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of Virginia.
23. AVAILABILITY OF FUNDS
CDBG and/or HOME funding to be made available by the Grantee under this
Agreement is contingent upon necessary appropriations by the U.S. Congress. In
the event that sufficient funds are not appropriated, at the sole discretion of the
Grantee, this Agreement may be terminated in whole or in part.
24. ANTI-LOBBYING
To the best of the Subgrantee's knowledge and belief, no federal appropriated
funds have been paid or will be paid, by or on behalf of it, to any persons for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement. If
Page 9 of 23 Pages
any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Agreement, the
Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
25. INSURANCE
Requirement of insurance. The Subgrantee shall, at its sole expense, obtain
and maintain during the life of this Agreement or shall ensure that such
insurance is obtained and maintained in place, the insurance policies required
by this section. Any required insurance policies shall be effective prior to the
beginning of any work or other performance by the Subgrantee under this
Agreement. The following policies and coverages are required:
Commercial General Liability. Commercial general liability insurance
shall insure against all claims, loss, cost, damage, expense or liability
from loss of life or damage or injury to persons or property arising out of
the Subgrantee's performance under this Agreement. The minimum
limits of liability for this coverage shall be $1,000,000.00 combined single
limit for any one occurrence.
(2)
Automobile Liability. The minimum limit of liability for automobile liability
insurance shall be $1,000,000.00 combined single limit applicable to
owned or non-owned vehicles used in the performance of any work under
this Agreement.
Umbrella Coveraqe. The insurance coverages and amounts set forth in
subsections (1) and (2) of this section may be met by an umbrella liability
policy following the form of the underlying primary coverage in a minimum
amount of $1,000,000.00. Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers indicated for
the insurance providing the coverages required by subsections (1) and (2), and
it is further agreed that such statement shall be made a part of the certificate of
insurance furnished by the Subgrantee to this City.
c. Evidence of Insurance. All insurance shall meet the following requirements:
(1)
Prior to execution of this Agreement, the Subgrantee, or its designee
shall furnish the City a certificate or certificates of insurance showing the
type, amount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance deductibles. Such
certificates shall be attached to this Agreement at the time of execution of
this Agreement and shall be furnished in a timely fashion to demonstrate
continuous and uninterrupted coverage of all of the required forms of
Page 10 of 23 Pages
(2)
(3)
(4)
insurance for the entire term of this Agreement.
The required certificate or certificates of insurance shall include
substantially the following statement: "The insurance covered by this
certificate shall not be canceled or materially altered, except after thirty
(30) days written notice has been received by the Risk Management
Officer for the City of Roanoke."
The required certificate or certificates of insurance shall name the City of
Roanoke, its officers, employees, agents, volunteers and representatives
as additional insureds.
Insurance coverage shall be in a form and with an insurance company
approved by the City which approval shall not be unreasonably withheld.
Any insurance company providing coverage under this Agreement shall
be authorized to do business in the Commonwealth of Virginia.
(This space intentionally left blank.)
Page 11 of 23 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year hereinabove written:
ATTEST:
FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By By
Cyndi Stultz, Secretary
Alvin Nash, President and CEO
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Department of Management and Budget
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finance
Date
Account #
Page 12 of 23 Pages
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Special Federal Terms and Conditions
Attachment C - BRHDC Due Diligence
Attachment D - BRHDC Budget
Page 13 of 23 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee
summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee
shall submit data in a table or spreadsheet format that is needed in order that the Grantee
may complete its required reports to HUE). Data provided by the Subgrantee shall include:
Property
-- Address
-- Number of bedrooms
-- Status (pending, under construction, completed or sold)
Homeowner
-- Name
-- Total family income (projected for 12 months following determination)
-- Number in family
-- Ethnic group
-- Whether family is headed by a single female
-- Whether head of household is disabled
CDBG funds committed to property
Prime
Contractor (if applicable)
Name
Federal I.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
-- Name
-- Federal I.D. Number (or Owner Social Security Number)
-- Whether Minority-Owned, Women-Owned or Both
-- CDBG funds committed to Subcontractor
Page 14 of 23 Pages
Attachment B
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Training, Employment and Business
Opportunities:
The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
170. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area
and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing
in the area of the project.
The parties to this contract will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development set forth in 24 CFR 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with
these requirements.
The Subgrantee will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this Section 3 clause and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training.
The Subgrantee will include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to
the subcontract upon a finding that the contractor is in violation of regulations
issued by the Secretary of Housing and Urban Development 24 CFR Part 135.
The Subgrantee will not subcontract with any contractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24
CFR part 135 and will not let any subcontract unless the contractor has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
Page 15 of 23 Pages
Compliance with the provisions of Section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued
hereunder prior to the execution of the contract, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successor and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its Subgrantees
and contractors, its successors and assigns to those sanctions specified by the
grant or loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
Equal Employment Opportunity: Contracts subject to Executive Order 11246, as
amended: Such contracts shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt
contract and subcontract for construction work, or modification thereof as defined in
said regulations, which is paid for in whole or in part with assistance provided under
this Agreement, the following equal opportunity clause: "During the performance of
this contract, the Subgrantee agrees as follows:
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The
Subgrantee will take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Subgrantee agrees to post in conspicuous places
available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth the provisions of this nondiscrimination
clause.
The Subgrantee will, in all solicitations or advertisements for employees placed
by or on behalf of the Subgrantee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or
national origin.
C=
The Subgrantee will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Subgrantee's
commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
d. The Subgrantee will comply with all provisions of Executive Order 11246 of
Page 16 of 23 Pages
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
The Subgrantee will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations
and orders.
n the event of the Subgrantee's noncompliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations or orders, this
contract may be canceled, terminated or suspended in whole or in part, and
the Subgrantee may be declared ineligible for further Government contracts or
Federally-assisted construction contract procedures authorized in Executive
Order 11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
The Subgrantee will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every
subcontract or purchase order unless exempted by rules, regulations or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon
each contractor or vendor. The Subgrantee will take such action with respect
to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a Subgrantee becomes involved in or is
threatened with litigation with a contractor or vendor as a result of such
direction by the Department, the Subgrantee may request the United States to
enter into such litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
Federally-assisted construction work; provided, that if the Subgrantee so
participating is a State or local government, the above equal opportunity clause is
not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract. The Subgrantee agrees
that it will assist and cooperate actively with the Department and the Secretary of
Labor in obtaining the compliance of Subgrantees and contractors with the equal
opportunity clause and the rules, regulations and relevant orders of the Secretary of
Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the discharge of its
primary responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with
a Subgrantee debarred from, or who has not demonstrated eligibility for
Page 17 of 23 Pages
Government contracts and Federally-assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the
equal opportunity clause as may be imposed upon Subgrantees and contractors by
the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the
Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of the following
actions: cancel, terminate or suspend in whole or in part the grant or loan
guarantee; refrain from extending any further assistance to the Subgrantee under
the Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from such Subgrantee; and refer
the cause to the Department of Justice for appropriate legal proceedings.
Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and HUD regulations with respect thereto, including the regulations
under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared
or improved with assistance provided under this Agreement, the Subgrantee shall
cause or require a covenant running with the land to be inserted in the deed or
lease for such transfer, prohibiting discrimination upon the basis or race, color,
religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy
of such land or any improvements erected or to be erected thereon, and providing
that the Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in carrying
out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not itself so discriminate.
Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to
compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and
the Americans with Disabilities Act, which prohibit discrimination against the
disabled in any federal assisted program.
Obligations of Subgrantee with Respect to Certain Third-party Relationships:
The Subgrantee shall remain fully obligated under the provisions of the Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all
or any part of the program with respect to which assistance is being provided under
this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall
comply with all lawful requirements of the Applicant necessary to insure that the
program, with respect to which assistance is being provided under this Agreement
to the Subgrantee is carried out in accordance with the Applicant's Assurances and
certifications, including those with respect to the assumption of environmental
responsibilities of the Applicant under Section 104(h) of the Housing and
Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the Congress
of the United States, and no Resident Commissioner, shall be admitted to any share
Page 18 of 23 Pages
10.
or part of this Agreement or to any benefit to arise from the same.
Prohibition Against Payments of Bonus or Commission: The assistance
provided under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for such
assistance, or HUD approval or applications for additional assistance, or any other
approval or concurrence of HUD required under this Agreement, Title I of the
Housing and Community Development Act of 1974, or HUD regulations with respect
thereto; provided, however, that reasonable fees or bona fide technical, consultant,
managerial or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as program costs.
"Section 109": This Agreement is subject to the requirements of Section 109 of the
Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person
in the United States shall on the ground of race, color, religion, sex or national origin
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
available under this title.
Access to Records and Site of Employment: This agreement is subject to the
requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of
1964, as amended. Access shall be permitted during normal business hours to the
premises for the purpose of conducting on-site compliance reviews and inspecting
and copying such books, records, accounts, and other material as may be relevant
tot he matter under investigation and pertinent to compliance with the Order, and
the rules and regulations promulgated pursuant thereto by the Subgrantee.
Information obtained in this manner shall be used only in connection with the
administration of the Order, the administration of the Civil Rights At of 1964 (as
amended) and in furtherance of the purpose of the Order and that Act.
Le.qal Remedies for Contract Violation: If the Subgrantee materially fails to
comply with any term of this Agreement, whether stated in a Federal statute or
regulation, an assurance, in a State plan or application, a notice of award, or
elsewhere, the City may take one or more of the following action, as appropriate in
the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by
the Subgrantee,
b. Disallow all or part of the cost of the activity or action not in compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may be legally available.
Page 19 of 23 Pages
2004 World Changers Due Diligence
Updated December 18, 2003
Date Start Projected
Completed Date End Date Activity Responsible Staff
PLANNING AND MEETINGS
Nov. Dec. 18 Establish project budget BRHDC, City
Dec. 16 Dec. 16 Dec. 16 WC Steering Committee meets City, BRHDC, WC
Dec. 8 Dec. 22 Define target areas and blocks, present to City BRHDC
Nov. Jan. 20 Preparing/public process for funds allocation City
If needed-- Send written confirmation to WC that funding for
early Jan. building materials is approved City, BRHDC
Approve WC budget, BRHDC & City sign
Dec. 19 Jan. 20 contract N/A
Prepare:
Jan. 22-23 12/16 Jan. 22-23 Attend WC Coordinators Retreat {2 persons) WC/CDBG
Feb Submit appl. for 2004 contingent on 2003 results ~VC (Allen Krueger)
Jun-30 June 29th WC Project maps for each area--50 total ,.Gilian
June 29th 35-50 Roanoke City maps Allen
Directions and maps from William Fleming to
June 29th each proiect site Allen
Reminders/calendars/maps sent to Board
Jun-30 Jul-3 members Gilian
Final WC Project Meeting-3PM, BR Conference Gilian arranges-all
Jul-2 Jul-2 room ~arties attend
Schedule BR Board members/City Youth
Jun-25 Jul-3 Services to deliver drinks/Popsicles to work sites BRHDC, Marion
Jun-30 Jul-9 Master cell phone list distributed Gilian, Allen
HOMEOWNER OUTREACH
Dec. 19 Dec. 23 Send initial letter and application to homeowners BRHDC
Application intake and homeowner eligibility
Dec. 23 determination BRHDC
Dec. 23 -
ongoing Outreach and marketing to residents BRHDC
If needed--
Feb. Mail 2nd outreach letter to homeowners BRHDC
End of
March Send project update to all homeowners BRHDC
Bell. Of Ma}, Notify homeowners: selected or denied for WC BRHDC
Hold homeowner info meetings for both WC
Jun-10 Jun. 21 & 22 neighborhoods Gilian
Jun-30 Jul-10 Homeowners sign BR liability waivers Gilian
Jul-12 Jul-12 Homeowners sign WC Work Site Info forms WC crew chiefs
Jul-14 Jul-15 Homeowners evaluate proiect-pass out forms Gilian
WC MATERIALS & RENTAL EQUIP. DUE
DILIGENCE
BRHDC and Allen
June Secure any supplies donations Krueger
2004 World Changers Due Diligence
Updated December 18, 2003
Date Start Projected
Completed Date End Date Activity Responsible Staff
Jun-11 Jun-11 Order materials for WC proiects Jim
Jun-25 Jun-25 Secure Dumpsters Gilian
Set up procedure w/Home Depot for running Cindy, Jim, Allen
Jul-1 Jul-6 misc. items, cash register & phone line for WC gives names
Jul-7 Jul-7 Bulk materials delivered to Fleming Jim, Home Depot
Coordinate delivery of materials, port-a-lets,
Jul-7 Jul-10 Dumpsters, set up rental equipment Jim, Gilian
Jim tells Home
Depot, Dave & Allen
Jul-7 Jul-10 Materials delivered to 30 WC sites to coordinate
MARKETING
Obtain Iogos from all sponsoring companies, Gilian, Allen, other
7/5/04 Iroups involved groups
Order banner & signs welcoming WC at
Jun-30 Jul-5 neighborhoods, Fleming Gilian
Jul-7 Jul-9 Hang banner at Fleming, post signs at sites Gilian, Fast Signs
Jun-30 Jul-9 Marquees welcoming WC ~ Fleming & Ruffner Marion
Jul-28 Jul-28 Press release sent to all media sources Allen
Jennifer Kincaid,
Gilian & Allen give
Jun-30 Jul-13 Feature story--2-3 homeowners: Roanoke Times names
Jun-30 Feature story: Tribune Gilian
Jennifer Wishon,
Jul-8 Jul-10 Channel 7 interviews 2 homeowners Gilian gives names
LEGAL & GRANT PROCEDURES
Dec.-17 Jan. 20th City Council approves WC grant funding Frank B.
N/A N/A July 2nd Building permits if needed Jim
Environmental review complete for all 30 WC
Mamh Jul-1 projects Jim
Jul-9 Jul-12 Lead pamphlet delivery/sign-off BRHDC
*due monthl
Feb. 1 by 7th Monthly report to City Gilian
Au~-31 Final draw for reimbursement from City Cindy, Jim
Sep-1 Submit final report to City Gilian
SITE SELECTION & PREP
Feb. I Feb. 20 Preliminary selection of units BRHDC
By Feb. 22 Send Dave Adams list of units BRHDC
Dave Adams & Allen review targeted homes and World Changers,
Feb. 22 Feb. 23 ~vork write-ups BRHDC
Feb. April Work write-ups complete BRHDC
Feb. April Lead-based paint assessment Chevalier, AIA
End of
March Send work write-ups to WC BRHDC
End of
Feb. April ;Final selection of units World Changers
2004 World Changers Due Diligence
Updated December 18, 2003
Date Start Projected
Completed Date End Date Activit7 Responsible Staff
REPAIR ACTIVITIES, CLEAN-UP
Jun-28 Jul-10 Lead based paint prep if needed Jim
Jun-30 Jul-10 Pre-proiect repairs as needed Jim & contractor
BRHDC Bd., staff, City attend Opening
Jul-10 Jul-10 Ceremony: William Fleming (~ 4:30PM All parties
Jul-12 Jul-16 WC Housing Repair activities WC
Jul-12 Jul-16 Run additional supplies as needed WC runners
Lunch mtg. w/WC--@ 12:00 Noon daily, Preston
Jul-12 Jul-16 Oaks Fellowship Hall Gilian, WC oversight
Jul-12 Jul-16 Lunch mtg. w/Dave Jim, Dave
July 12 July 12 and BR Board delivers Popsicles to work sites at 1:30
and 16 16 PM BR Board members
Jul-12 Jul-16 Photograph work sites & Closing Ceremony
Jul-12 Jul-16 Videotape Closing Ceremony Cindy
BRHDC Bd., staff, City attend Closing Ceremony:
Jul-16 Jul-16 William Fleming @ 7:00PM All parties
Allen-local church
crews, Gilian,
Jul-17 Jul-30 Clean-up and finish up WC iobs as needed contractors
Additional clean-up as required for lead-based
Jul-17 Jul-30 )aint clearance Jim, contractors
MISC. ACTIVITIES
Secure donations cell phones and local BRHDC and Allen
Dec. June volunteers Krueger
Shelter and meals for World Changers
Jul-10 Jul-17 )articipants WC
Jul-12 Jul-16 Coordinate lunches and other misc. items Local churches
Mid August Thank-yous to all sponsors, volunteers, etc. Gilian
Sept. 2004 Meet w/WC reps to evaluate project ?
2004 World Changers - Project Budget (12.18.03)
Blue Ridge Housing Development Corporation
Activity Cost Source of Funds
Staff costs $7,350 CDBG
Admin $0 Blue Ridge In-kind
Application Process
Outreach and marketing to residents $350 CDBG
Advertisement of Pro,lect
Printing/Si!~nage $400 CDBG
Bulletin board in-kind Private source
News & radio advertisement in-kind Private source
Property Preparation
Work write-ups & inspections: $40 per write-up (40 total) $1,600 CDBG
Environment review, incl. historic City in-kind City of Roanoke
Lead-based paint control/abatement (estimated 2 units @ $2,500 per
unit)* $5,000 CDBG
*please note that LBP abatement may be necessary for up to 25 units, which would increase this figure to $62,500
Rehab materials (avg. $1,200 per house - 35 total) $42,000 CDBG
materials deliver~ costs in-kind donation Home Depot (est. value $1000I
scaffolding) & other equipment rentals $9,860 CDBG
Port-a-iohns (5 days, approx. 25 ~ $40 ea. I $1,000 CDBG
Dumpsters (5 days) $4,200 CDBG
Cell phones and walkie-talkies (5 days, 2 ea. per neighborhood) Donation Private source
Housing repair activities Volunteer World Changers
,Lead-based paint assessment services (35 units ~ $44 ea.) $1,540 CDBG
contractors to finish uncompleted proiects/(post-project contingency) $6,000 CDBG
General clean-up CDBG/volunteers
WC will pay for one person,
Trip to WC Coordinators Retreat $700 CDBG for the other
IGRAND TOTAL
$80,000
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. M~n
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
January 22, 2004
File #24-32
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36599-012004 amending {}7-5, Adopted; where
copies filed, and {}7-35, Definitions, of Article II, Building Code, of Chapter 7, Building
Regulations, of the Code of the City of Roanoke (1979), as amended, to update code
enforcement regulations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Darlene L. Burcham
January 22, 2004
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, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning, Building and Development
Ronald L. Smith, Building Commissioner
Freed G. (Mike) Etienne, Director of Housing and Neighborhood Services
IN THE COUNCIL OF THE CITY OP ROANOKE, VIRGINIA,
The 20th day of January, 2006.
No. 36599-012006.
AN ORDINANCE amending §%5, Adopted; where copies filed, and §7-35,
Definitions, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of
the City of Roanoke (1979), as amended, to update code enforcement regulations; and
dispensing with the second reading by title of this ordinance.
BE IT ORDA1NED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, is hereby amended and"
reordained by amending §7-5, Adopted; where copies filed, and §7~35, Definitions, of Article
II, Building Code, of Chapter 7, Building Regulations, to read and provide as follows:
Sec. 7-5. Adopted; where copies filed.
The provisions, requirements and regulations contained in the Virginia
Uniform Statewide Building Code o. , :.~....r, ~ .... / (2000 edtt~on), and each
of the component parts, including, but not limited to, the ~ International
Na ....... Building Code t~nn~ (2000 edition), the r~nr-^ International
~'~-':-~-~. ,,,,~..,.. Property Maintenance Code (199g) (2000 edition), ~e International
Plumbing Code (i 995) (2000 edition) ~, the International
Mechanical ~ an~
Code ( .... j (2000 edition), the National Electrical Code (1999
edition), the International Fuel Gas Code (2000 edition), the International
Ener~ Conse~ation Code (2000 edition), and the International Residential
Cod fo ,~ ~n~ ~ ~,:~-~ F~ ~ ...... ,:~ ~ r~ nn~ +~ ~ ..... ;1 f
· ily D
........ ~ ......... One and Two-Fam wellings ~ rlnnc~
(2000 diti n) ~ ~ ~ xl.g-l ~ ...... ~ ~aar~ l di ll
supplements to such component parts, as the same may from time to time
~ be amended by the State Board of Housing and CommuniW
Development, are hereby adopted by the ciW and ~ inco~orated herein by
reference as if set out at length herein. The Virginia Un~orm Statewide
Building Code (2000 edition), and its component parts, an~ thc :amc shall be
0-CA-BldgCode012004
controlling in the construction, reconstruction, alteration, enlargement, rep.air,
maintenance, conversion or demolition of buildings and other structures
contained within the corporate limits of the city. Such code, or an3( of its
components, shall be referred to in this chapter as the building code. Copies of
the building code shall be kept on file in the office of the building
commissioner and in the office of the city clerk.
Sec. 7-35. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Property maintenance code means that portion of the building code entitled
the BOC-~ International National Property Maintenance Code as referred to
and adopted by reference in section 7-5 of this Code, and any amendments to
the BOC-~ International National Property Maintenance Code, or subsequent
editions.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
0-CA-BldgCode012004
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 C~urch Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: wv~v.roanokegov.com
January 5, 2004
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment to City Code-
Section 7-5 and 7-35
Regarding Building
Regulations
Background:
Effective October 1,2003, The Virginia Department of Housing and Community
Development adopted the 2000 Edition of the Virginia Uniform Statewide Building
Code (USBC) for the purpose of establishing minimum regulations to govern the
construction and maintenance for buildings and structures. The provisions of the
USBC are based on nationally recognized model building codes published by the
International Code Council, Inc. and are made part of the USBC by reference.
The USBC also contains administrative provisions governing the use of the
model codes and establishing requirements for the enforcement of the code by
the local building departments and other code enforcement agencies.
Considerations:
Amending the Code of the City of Roanoke will reflect in the City Code the recent
amendments to the Virginia USBC, by referring to the updated code sections that
were adopted by the State, and which are enforced at the local level.
Honorable Mayorand Members of Council
Janua~ 20,2004
Page 2
Recommended Action:
City Council Adopt an ordinance (attachment) amending Sections 7-5 and 7-35
of the Code of the City of Roanoke to bring the City Code into conformity with the
recent amendments to the Virginia Uniform statewide Building Code.
Respectfully submitted,
City Manager
DLB:rls
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Brian Townsend, Director, Planning Building and Development
Ronald L. Smith, Building Commissioner
CM03-00250
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
January 22, 2004
File #60-410
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36600-012004 appropriating $270,072.00 for snow
removal, and amending and reordaining certain sections of the 2003-2004 General Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
Janua~ 22,2004
Page 2
pc~
Darlene L. Burcham, City Manager
Sherman M. Stovall, Acting Director, Office of Management and Budget
Robert K. Bengtson, P. E., Director of Public Works
Kenneth H. King, P. E., Manager, Division of Transportation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of January, 2004.
No. 36600-012004.
AN ORDINANCE appropriating funds for snow removal, amending and
reordaining certain sections of the 2003-2004 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Expendable Equipment
Motor Fuels & Lubricants
Chemicals
Contingency
Regular Salaries
001-530-4140-1003 $ 105,641
001-530-4140-1120 8,081
001-530-4140-2035 12,913
001-530-4140-2038 6~722
001-530-4140-2045 136,715
001-300-9410-2199 (150,000)
001-530-4110-1002 (120,072)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-I138
CityWeb: www.roanokegov.com
January 20, 2004
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Council Member
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: Transfer of Funds
For Snow Removal
Once again we ara experiencing a higher than normal demand on snow removal
resources. The throe (3) storms that hit the city thus far have absorbed the bulk of our
snow removal budgeted for the 2003 - 2004 winter season. The demands of last year's
storms left our salt supplies depleted. Limited resources and efforts to balance an
overburdened budget resulted in a snow removal operating budget that could not fully
replenish our salt supplies at the beginning of the winter season. An additional 3,300
tons of salt has been purchased and delivered to our salt storage facility restoring our
total supply to approximately 4,800 tons (75% of the 6,500 ton capacity). The
anticipated salt usage between January 1st and the end of the winter season is
approximately 3,000 tons based on the previous two-year average.
In addition to the purchase of salt, funds aro also needed to cover overtime wages and
other operational costs. An estimate of the 2003 - 2004 snow romoval expenses was
developed by adding the previous two-year average costs (January 1st through end of
winter season) to the costs already incurred during this season. Based on this
projection, a budget adjustment of $270,072 is needed to support the rocent purchase
of additional salt and the anticipated expenses for the rest of the winter season.
Mayor Smith and Members of City Council
Page 2 of 2
Recommended Action:
Transfer funding in the amount of $150,000 from City Manager Contingency (Account
001-300-9410-2199) and $120,072 from Transportation-Streets and Traffic Regular
Salaries (Account 001-530-4110-1002) to the Snow Removal Account (001-530-4140)
as follows:
1003 Overtime Wages $105,641
1120 FICA $ 8,081
2035 Expendable Equipment $ 12,913
2038 Motor Fuels & Lubricants $ 6,722
2045 Chemicals $136,715
DLB/KHK/gpe
Dadene L. Bbrcha'm
City Manager
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman Stovall, Acting Director of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King, P.E., Manager, Division of Transportation
CM04-00007
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 22, 2004
File #60-72-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36602-012004 accepting the Virginia Services,
Training, Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the
City by the Virginia Department of Criminal Justice Services, in the amount of $34,023.00
which requires an $11,341.00 in-kind match by the City, as more particularly described in
the letter of the City Manager to Council dated January 20, 2004.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
January 22, 2004
Page 2
pc~
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
IN THE COUNCIL OF THE CITY OFROANOKE, VIRGINIA,
The 20th day of January, 2006.
No. 36602-012004.
A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution
(VSTOP) Violence Against Women Grant offer made to the City by the Virginia Department of
Criminal Justice Services and authorizing execution of any required documentation on behalf of
the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Virginia Services, Training, Officers,
Prosecution (VSTOP Violence Against Women grant offered by the Virginia Department of
Criminal Justice Services in the amount of $34,023 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires an $11,341 in-kind match by the
City, is more particularly described in the letter of the City Manager to Council, dated January
20, 2004.
2. The City Manager' and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
that may be required for the City's acceptance of this grant, all such documents to be approved as
to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 22, 2004
File #5-60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36601-012004, appropriating $34,023.00 for the
Police Department Domestic Violence Program Grant, and amending and reordaining
certain sections of the 2003-2004 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
MFP:ew
Mary F. Parker, CMC
City Clerk
Attachment
Jesse A. Hall
Janua~ 22,2004
Page 2
pcz
Darlene L. Burcham, City Manager
Sherman M. Stovall, Acting Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of January, 2004.
No. 36601-012004.
AN ORDINANCE appropriating funds for the Police Department
Domestic Violence Program Grant, amending and reordaining certain sections of
the 2003-2004 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Grant Fund Appropriations be, and the same are
hereby; amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
FICA
Medical Insurance
035-640-3326-1002 $26,897
035-640-3326-1105 2,044
035-640-3326-1120 2,058
035-640-3326-1125 3,024
Revenues
VSTOP CY04
035-640-3326-3426
34,023
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 20, 2004
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:
Background:
Subject: Police Department Domestic
Violence Program Grant
The Virginia Department of Criminal Justice Services (DCJS) provides grant funding for
programs and activities which increase the apprehension, prosecution and adjudication
of pemons committing violent crimes against women. The program, "Virginia Services,
Training, Officers, Prosecution Violence Against Women" (VSTOP) has funded the
establishment of a Domestic Violence Unit within the Police Department since 1999.
On December 29, 2003, DCJS awarded the Police Department $34,023 to employ its
full-time, non-sworn Domestic Violence Specialist thereby allowing continuance of the
Domestic Violence Unit in calendar year 2004. The required City in-kind match of
$11,341 will be met through salary paid to current Police Department personnel. Them
is no required local cash match.
The Domestic Violence Unit collects and interprets relevant domestic violence offense
data which allows proactive case intervention and cultivation of the cooperative working
relationships with clients and service/adjudication agencies. The program produces
more equitable victim-offender criminal justice dispositions related to domestic violence
offenses.
Recommended Action:
Accept the V-STOP grant described above and authorize the City Manager to execute
the grant agreement and any related documents, in such form as is approved by the
The Honorable Mayorand Members of Council
Janua~ 20,2004
Page 2
City Attorney. Appropriate State grant funds of $34,023 with a corresponding revenue
estimate in accounts established by the Director of Finance in the Grant Fund.
Appropriation:
Description Account Amount
Regular Employee Salaries 035-640-3326-1002 $ 26,897
Retirement 035-640-3326-1105 $ 2,044
FICA 035-640-3326-1120 $ 2,058
Medical Insurance 035-640-3326-1125 $ 3,024
TOTAL
$ 34,023
DLB:f]d
C:
Respectfully submitted,
~)adene L. B~
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
CM04-0002
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
January 22, 2004
File #60-72-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36603-012004, authorizing the City Manager to enter
into an amendment to the Lease Agreement dated November 21,2001, between the City
of Roanoke and Blue Eagle Partnership, relating to property located atthe Civic Mall, 1501
Williamson Road, which property is being leased for use by the Department of Human
Services, upon certain terms and conditions, in connection with changes in the description
of the premises for use by the Department of Human Services, all as more particularly set
forth in the City Manager's letter to Council dated January 20, 2004.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
City Clerk
CMC
MFP:ew
Attachment
Darlene L. Bu~ham
Janua~ 22,2004
Page 4
pc:
Blue Eagle Partnership, 116 North Jefferson Street, S. W., Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Jane R. Conlin, Director of Human Services
Rolanda B. Russell, Assistant City Manager for Community Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
TLe 20th day of January, 2004.
Ro. 36603-012004.
AN ORDINANCE authorizing the City Manager to enter into an amendment to the Lease
Agreement dated November 21,2001, between the City and Blue Eagle Partnership, relating to
certain property located at the Civic Mall, 1501 Williamson Road, Roanoke, Virginia, being leased
for use by the Department of Human Services, upon certain terms and conditions, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf 0f the City, in form approved by the City Attorney, an amendment to the
Lease Agreement dated November 21, 2001, with Blue Eagle Partnership, in connection with
changes in the description of the premises for use by the Department of Human Services, all as more
particularly set forth in the City Manager's letter to this Council, dated January 20, 2004.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY 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
Ci~Web: www.roanokegov.com
Janua~ 20,2004
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, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment to Lease
Agreement for Human
Services Building
Background:
In November 2001, the City of Roanoke entered into a lease agreement for office
space for the Department of Human Services and the Health Department with
Blue Eagle Partnership for property located at The Civic Mall, 1501 Williamson
Road, Roanoke, Virginia. The Department of Human Services will relocate its
offices to the Civic Mall; the term of this lease is twenty (20) years, commencing
on June 1, 2003 and expiring on May 31, 2023. Prior to the commencement
date, the Lessor will complete renovations and improvements to the Premises in
an amount not to exceed $2,497,080.
In November 2002, City Council approved Lease Amendment No. 1, however it
was not, and will not be, executed due to the lack of funding for the Health
Department's portion of the leased premises.
Considerations:
Both parties desire to amend the Lease Agreement as follows:
Honorable Mayorand MembemofCouncil
Janua~ 20,2004
Page 2
· The third floor of the building will be occupied by the Department of
Human Services. The second floor will not be occupied by the Health
Department at this time due to lack of funding from the State.
· The term of the Lease will commence on January 20, 2004, and expire on
January 19, 2004.
· The rent for the building will only include the rental amount for the third
floor by the Department of Human Services.
· Clarification of the responsibilities of the Lessor and Lessee as to repairs
and improvements.
The above changes are reflected in Lease Amendment No. 1 (Attachment A).
Recommended Action:
Authorize the City Manager to execute the attached Lease Amendment No. 1 in
a form approved by the City Attorney.
Respectfully sub r~3itt~-=~
City Manager
DLB:tem
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Bruce G. Stultz, Acting Director of Human Services
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00247
LEASE AMENDMENT NO. I
This Lease Amendment No. 1 made this .day of ,2004, to
Lease Agreement by and between BLUE EAGLE PARTNERSHIP, a Virginia Partnership,
("Lessor") and CITY OF ROANOKE, a Virginia municipal corporation, ("Lessee"),
WHEREAS, the Lessor and Lessee entered into a Lease Agreement dated November 21,
2001, ("Lease Agreement") for the lease of a portion of the Civic Mall, located at 1502
Williarnson Road, Roanoke, VA 24012, and containing approximately ~,236 sq. ft. for a term of
20 years for office space for the Department of Human Services; and
WHEREAS, both parties desire to effect certain amendments and additions to the Lease
Agreement in the manner stated in the following provisions contained herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and.in
the original Lease Agreement, the Lessor and Lessee agree to amend the Lease Agreement as
follows:
1. Subsection Co) of Section One "Description of Premises" is hereby amended to provide
as follows:
1. DESCRIPTION OF PREMISES
(a) Lessor, in consideration of the rents and covenants to be paid by Lessee, does
hereby lease to Lessee, and Lessee hereby leases from Lessor, the following described premises
located at the Civic Mall, 1502 Williamson Road, Roanoke, VA 24012, as shown on the floor
plan dated March 14, 2003, revised April 18, 2003, and prepared by LMW P.C., attached hereto
as Exhibit A and made a part hereof (the "Premises") and associated technical specifications:
i. The third floor of the Premises, containing 47,278 sq. ft., at a cost of $13.27 per sq.
ft., as further shown on the attached Exhibit A, commencing 3anuary 20, 2004, or when
the Premises is ready for occupancy, whichever is later, as further stated herein in
Section 2 '~rerm."
ii. The second floor of the Premises, containing 35,958 sq. fi., as further shown on the
attached Exhibit A. Lessor recognizes and acknowledges that the second floor of the
Premises is to be occupied by the Virginia Depmhaent of Health and that their occupancy
of the Premises is contingent upon the State allocating the necessary funding for their
relocation to the Premises. Lessor further recognizes and acknowledges that as of the date
of this Amendment, the State has not allocated such funding for the Virginia Depa~hnent
of Health's relocation to the Premises. Accordingly, Lessor agrees to leave the second
floor of the Premises vacant and to not lease the second floor to any other entity for a
period not exceeding twenty-four months fi.om the date of this Amendment. Both parties
acknowledge that Lessor is not responsible for completing any of the work required by
this Lease for the second floor during such time (with the exception of any work
necessary for construction and installation of the HVAC system including that for the
Health Depmtanent Lab). Lessor further agrees not to hold Lessee responsible for any
lease payments for the second floor of the Premises during the aforementioned twenty-
four month period. At the expiration of such period, or upon a×prior date, provided that
the State has allocated the necessary funding for the Virginia/Depathnent of Health's
relocation to the Premises, Lessor agrees to lease to Lessee, the second floor of the
Premises at the same rate per square foot that is then currently being paid by the Lessee
for lease of the third floor. In the event that the State has not allocated the necessary
funding to the Depaxtment of Health at the end of the twenty-four month period, both
parties agree that if Lessee has not exercised its right to Lease the space for the Virginia
Department of Health, or for such other use as Lessee may determine, then Lessor will be
free to lease the second floor space to such parties and upon such terms as Lessor deems -
appropriate, provided that the use of that space must be compatible with Lessee's use.of
the Premises.
iii. Lessee further agrees to lease fi.om Lessor, a I000 square foot area located on the
third floor of the Premises for storage purposes as designated in the attached Exhibit ,~,
a copy of which is attached to this Agreement and incorporated herein, for a two year
period commencing January 20, 2004 and expiring on January 19, 2006. Upon expiration
of the aforementioned term, on January 19, 2006, Lessor agrees to give Lessee the right
of first refusal to continue leasing this area before leasing the same to another party.
Co) Lessee and patrons of the Premises shall have use of the general parking area.
Lessor agrees to initially provide Lessee three hundred (300) parking spaces designated for
exclusive use by Lessee and Lessees patrons. In the event the Virginia Department of Health
occupies the second floor of the Premises, Lessor shall provide Lessee an additional seventy-
seven (77) designated parking spaces for exclusive use by Lessee. Lessor hereby acknowledges
and agrees that the upkeep and maintenance of said parking area remalna the obligation of
Lessor, and Lessee shall have no responsibility for the upkeep and maintenance of the parking
area other than to cooperate in keeping said parking area in a clean and safe condition.
Section Two "Term" is amended to read and provide as follows:
2
2. TERM.
The term of this Lease for the third floor of the Premises ("Term 1") shall be twenty (20)
years, commencing at 12:01 a.m., on 20th day of Janua~, 2004,or the date that the Premises is
ready for occupancy ('Commencement Date"), whichever is later, and shall expire at 11:59
o'clock p.m. on January 19, 2024.. Lessor acknowledges and agrees that Lessee may occupy the
Premises beginning December 29, 2003, but that rent shall not commence until February 1, 2004.
The term of this Lease for the second floor of the Premises ('~rerm 2") shall be the
number of years remaining in Term 1 at such time as funding becomes available for the Virginia
Department of Health to occupy the Premises and on such date that Lessee notifies Lessor of its
intent to commence the leasing of the second floor of the Premises. Term 2 shall commence on
that date or the date that the second floor of the Premises is ready for occupancy, by the Virginia
Department of Health, whichever is later, and shall expire at 11:59 o'clock p.m. on January 19,
2024.
The Premises shall be deemed ready for occupancy on the earliest date on which all of
the following have been met:
(a)
A final certificate of occupancy covering the Premises has been
issued by the Deparhnent of Buildings of the City of Roanoke,
permitting the occupancy thereof for the purposes provided herein.
(b) Lessors work, attached as Exhibit B and all of Lessee's work, .
attached as Exhibit C, both of which are incorporated into and
made part of this Lease Agreement, have been substantially
completed.
(c)
All means of access and all facilities necessary to Lessees
occupancy of the Premises, including but not limited to restrooms,
heating, ventilating, air conditioning, water, lighting, electrical
power facilities and elevators have been properly installed and
substantially completed, and are in reasonably good operating
order and available to the Lessee.
3. Section Three "Rent", is amended to read and provide as follows:
3. RENT
Subject to the limitations contained in Section One of the Lease Agreement, during the
original and any subsequent term of this Lease, until such time as the Health Department
occupies the Premises, Lessee agrees to pay Lessor an annual rental of SIX HUNDRED
TWENTY-SEVEN THOUSAND, THREE HUNDRED SEVENTY-NINE AND 09/100
DOLLARS ($627,379.09) for Term 1 of the Lease, commencing on February 1, 2004, to be paid
on the first day of each and every month in the amount of FIFrY-TWO THOUSAND, TWO
1-11JNDRED EIGHTY-ONE AND 59/100 DOLLARS ($52, 281.59).
Upon such time as the Health Department occupies the Premises ("Term 2"), the annual
rental shall be the same rate per square foot as is then currently being paid by the Lessee for
lease of the third floor to be paid on the first day of each and every month.
Lessor and Lessee acknowledge and agree that Lessor shall lease the additional area on
the third floor of the Premises containing 1000 square feet to Lessee at a rate of $1.00 per square
foot per year to be paid on February I, 2004, separate from Leasee's lease payments for the lease
of the portions of the Premises stated above. Thereafter, the rent for this area alone shall be
increased to $1.05 per square foot for the next year to be paid on February 1, 2005. If Lessee
agrees to continue leasing this area as provided for in Section I above, the rent amount shall be
an amount agreed upon by the parties, but in no event shall such rate be at a rate that is higher
than is currently then being paid by Lessee for lease of the third floor of the Premises.
If the rent commences on any day other than the first day of a calendar month, that pro-
rata fraction of the first months minimum rental based on a thirty (30) day month shall be paid at
the first of that portion of the month. Lessee agrees to pay an aunu~ escalation of the rental
amount calculated to equal 50% of the Consumer Price Index for the most recent year (CPI) or
2%, whichever is less, commencing on the second year of this Lease Agreement.
4. Subsection (a) of Section Eight, "Repairs and Improvements" is amended to read
and provide as follows:
8. REPAIRS AND IMPROVEMENTS
(a) Prior to the Commencement Date, Lessor will complete renovations of the
Premises according to the specifications and designs for finishing and improving
the Premises, which are attached hereto as Exhibit B and made a part of this Lease
Agreement. Improvements to the Premises by Lessor for both floors are limited
to $2,497,080.00 ($30 per rentable square foot). Lessor acknowledges and agrees
that it will be solely responsible for any costs over and beyond $2,497,080.00,
unless the increase in cost has been approved by both parties through a Change
Order.
Ail such renovations shall have a Certiftcate of Occupancy, as that term is defined
in Paragraph 2 ("Term"), and the Premises ready for occupancy as that term is
defined in Paragraph 2, on or before January 20, 2004, provided, however, if
Lessor is delayed at any time in the commencement or progress of the work by an
act or neglect of the Lessee or any employee or contractor or supplier employed
by Lessee, or by changes ordered in the work, or by labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond Lessor's
control, or delay authorized by Lessee pending mediation or arbitration, then the
deadline of January 20, 2004 stipulated in this paragraph shall be extended by
Changer Order for such additional time as the parties may agree upon. Lessor
acknowledges that failure to have the Premises ready for occupancy by
January 20, 2004 could result in substantial damages to the Lessee. Therefore,
~ 4
Lessor agrees that in the event any portion or portions of the Premises are not
ready for occupancy by January 20, 2004, due to violations of applicable state,
local, or federal building codes due to the sole fault of Lesser (or such extended
date as agreed upon by the parties), Lessor agrees to provide a pro-rata deduction
in the following month's lease payment, such deduction to continue for each
successive month, until such code violations in the affected portion or portions of
the Premises are satisfactorily abated to the sole satisfaction of the building
inspector for the City of Roanoke. The aforementioned deduction shall be
determined on a prorata basis by calculating the ratio of the square foot?ge of the
portion or portions of the Premises where such code violation occurred to the
lease rate of $13.27 per square foot. The resulting amount shall be calculated on a
daily basis and deducted from the following month's rent.
In the event both parties are not able to agree on the prope; monthly lease
deduction for a code violation, both parties agree the matter shall be arbitrated by
. by a neutral third party selected by both parties.
5. Exhibit C "Lessee's Work" to the Lease Agreement is hereby amended to read
and provide as follows:
EXHIBIT C
"LESSEE'S WORK"
1. Design review and approval for locations of electrical components/receptacles.
2. Design and installation and maintenance of computer system wiring. The Lessee will
provide wiring and equipment for computer system, and conduit between building enl~3t and
telecommunications closet. The Lessor will provide a pathway into the building (includes
conduit and handholes) and all conduit and boxes within walls as required by Lessee for the
computer system wiring which pathway shall meet the requirements of the utility company. '
3. Design and selection of telephone system and installation of wiring. The Lessee will
provide telephone and data wiring. The Lessor will provide a pathway into the building (includes
conduit and handholes) to the Telecommunications Closets and all conduit and boxes within
walls as required by Lessee for telecommunications, which pathway shallmeet the requirements
of the utility company.
4. Pay the cost of all utilities to the Leased Premises upon commencement of occupancy of
building.
5. Installation of all plastic laminate casework with the exception of the countertops in the
larger public restrooms and waiting room-reception areas for the Health Department and
Department of Human Services.
6. Installation of Laboratory casework for the Health Department. ~
7. Installation of water meter to split from existing service.
8. Design review and approval for interior and exterior of building.
6. Exhibit B "Lessor's Work" is hereby amended by the addition of the following
provision nos. (41), (42), (43) and (44) to read and provide as follows:
EXHIBIT B
"LESSOR'S WORK"
(41) Provide proximity card reader system on each eight (8) interior
doors and one (1) exterior door. The City reserves the right to upgrade the
card reader system, provided however, that the City will bear the cost of
such upgrade. /
(42) Provide infrastructure for telecommunications fiber into building
and conduit and boxes within permanent walls and partitions as required
by Lessee.
(43) Provide the mechanical upfit for the Depmtment of Health
Laboratory, such upfit includes the provision and installation of an HVAC
system.
(44) Provide the appropriate exterior signage, such signage to be
approved by Lessee before installation.
7. All other terms and conditions of the Lease Agreement shall remain in full force
and effect except those mentioned above.
IN WITNESS WHEREOF, the parties hereto have signed this Lease Amendment No. I
by their authorized representatives.
WITNESS:
Title
BLUE EAGLE PARTNERSltIP
C:\WINDOWS~TEMP~L-Amend I BlueEagl¢O 11404.doc 6
ATTEST:
Mary F. Parker, City Clerk
CITY OF ROANOKE, VIRGINIA
By:
Darlene L. Burcham, City Manager
Date:
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED AS TO EXECUTION:
Assistant City Attorney
C:\WINDOWS\TEMP\L-Am~nd 1 BlueEagleO11404.doc
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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
January 22, 2004
File #9-20-55-77-102
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36604-012004 adopting procedures for the Public-
Private Education Facilities and Infrastructure Act of 2002; authorizing the City's Director of
General Services to make such procedures publicly available; and authorizing the City
Manager to take such further action as may be necessary to implement and administer
such procedures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Bumham
January 22,2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Jeffrey H. Powell, Director of General Services
Sharon Twine-Gentry, Senior Buyer
Sherman M. Stovall, Acting Director, Management and Budget
IN THE COUNCIL OF THE CITY oF ROANOKE, VIRGINIA
Tb, e 20th day of January, 2004.
Ro. 36604-012004.
AN ORDINANCE adopting procedures for the Public-Private Education Facilities and
Infi'astrucmre Act of 2002; authorizing the City's Director of General Services to make such
procedures publicly available; authorizing the City Manager to take such further action as may
be necessary to implement and administer such procedures; and dispensing with the second
reading by title of this ordinance.
WHEREAS, based upon the recommendations of staff, City Council has determined that
it is in the best interest of the City to adopt procedures for the implementation and administration
of the Public-Private Education Facilities and Infrastructure Act of 2002 pursuant to the
provisions of Virginia Code Section 56-575.16, as amended.
THEREFORE, BE IT ORDAINED by the Council by the Council of the City of Roanoke
as follows:
1. As required by Virginia Code Section 56-575.16, as amended, City Council
hereby approves and adopts the "City o£ Roanoke Procedures Regarding Proposals Made
Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002," dated
January 20, 2004, which is attached to the City Manager's letter to Council dated January 20,
2004.
2. The City's Director of General Services is hereby authorized and directed to make
such procedures publicly available as required by the Act, which may include posting such
procedures on the City's website.
H:hMeasuresh~ublic-Private Education Facilities and Infrastructure Act of 2002,doc
3. The City Manager is hereby authorized to take such further action as may be
neeessary, including the development of guidelines, to implement and administer such
procedures.
4.
this ordinance by title is hereby dispensed with.
Pursuant to the provision of Section 12 of the City Charter, the second reading of
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 20,2004
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:
Adoption of Procedures for
the Public-Private
Education Facilities and
Infrastructure Act of 2002
Background:
The Public-Private Transportation Act of 1995 (PPTA) was adopted by the
General Assembly to enable the Commonwealth of Virginia, qualifying local
governments and certain other political entities to enter into agreements
authorizing private entities to acquire, construct, improve, maintain and/or
operate qualifying transportation facilities, such as roads, bridges, airports, mass
transit facilities, and parking facilities.
The PPTA encourages public/private ventures for transportation facilities which
will result in facilities being constructed in a faster and/or less costly manner, and
which utilize innovative financing methods. The PPTA allows private entities to
develop both solicited and unsolicited proposals, and prescribes the method to
be employed by local governments in evaluating same. While the Virginia Public
Procurement Act (VPPA) does not apply to projects considered under the PPTA,
local governments must use procurement procedures that are consistent with
either competitive sealed bidding or competitive negotiation for other than
professional services, as defined in the VPPA.
In summary, the intent of this legislation is to encourage public-private
partnerships in providing transportation facilities by facilitating more flexibility and
creativity in the construction and financing of such projects. However, flexibility
and creativity must be within the structure of the Act.
Honorable Mayorand Members of Council
Janua~ 20,2004
Page 2
A substantial number of PPTA projects are underway or under construction
across the State, including the Interstate 81 widening project. Many of these
projects would likely not be built or would be long delayed if not for the public-
private partnership approach. The demonstrated success of the PPTA,
combined with the mounting list of unmet infrastructure needs and the scarcity of
public resources, led the General Assembly to adopt the Public-Private
Education Facilities and Infrastructure Act of 2002 (PPEA).
Considerations:
The PPEA provides the flexibility for local governments like Roanoke to create
public-private partnerships to meet a wide range of infrastructure needs, such as
schools and related facilities (including stadiums or other facilities used for school
events), other public buildings or facilities, utility and communications
infrastructure, recreation facilities, and technology infrastructure. Like the PPTA,
its intent is to encourage public-private partnerships in providing qualifying
projects in a faster, less costly manner by allowing more flexibility and creativity
in the construction and financing of such projects. Again, flexibility and creativity
must be within the structure of the PPEA. And, the VPPA does not apply to
projects under PPEA, but local governments must utilize procurement
procedures that are consistent with either competitive sealed bidding or
competitive negotiation for other than professional services, as defined in the
YPPA. Local governments are required to adopt procedures consistent with the
PPEA before any such proposal can be considered.
Staff has developed implementation procedures based on an evaluation of PPEA
requirements and procedures adopted by other Virginia local governments,
including Roanoke County. A copy of such procedures is attached as
Attachment A. The key provisions of these procedures are as follows:
Proposals from private entities must meet the definition of a "qualifying
project" as defined in the PPEA.
Proposals may either be solicited by the City or delivered by a private
entity on an unsolicited basis.
If the proposal is unsolicited:
· A proposal review fee must be paid by the private entity equivalent
to 0.5% of the anticipated project cost to cover the City's direct
costs for reviewing the proposal at this conceptual stage. However,
the fee shall be no less than $5,000 regardless of the anticipated
cost.
· Additional fees over and above the initial review fee shall be
imposed on and paid by the private entity throughout the
processing, review, and evaluation of the proposal if the City incurs
costs in excess of the initial fee paid by the private entity.
Honorable Mayorand Members of Council
Janua~ 20,2004
Page 3
· If the City decides to not accept the conceptual proposal for
consideration, the proposal, together with all fees and
accompanying documentation, will be returned to the private entity.
· However, once the City accepts the proposal for consideration,
even if it is thereafter rejected at any subsequent time, the initial fee
and all additional fees become nonrefundable and will not be
returned to the private entity.
· If the City decides to accept the conceptual proposal for
consideration, the City must post a notice and advertise for 45 days
advising that the proposal has been received and inviting
competing unsolicited proposals.
· Any private entities that submit competing unsolicited proposals
must also pay the proposal review fee of 0.5% of the anticipated
project cost to cover the City's direct costs for reviewing their
proposal. Their fee shall also be no less than $5,000. Additional
fees over and above the initial review fee shall be imposed on and
paid by the competing private entity throughout the processing,
review, and evaluation of their proposal if the City incurs costs in
excess of the initial fee paid by the competing private entity. If the
City decides to not accept the competing unsolicited proposal for
consideration, the proposal, together with all fees and
accompanying documentation, will be returned to the competing
private entity. However, once the City accepts the competing
unsolicited proposal for consideration, even if it is thereafter
rejected at any subsequent time, the initial fee and all additional
fees become nonrefundable and will not be returned to the
competing private entity.
· The City must decide at this point which procurement method will
be used, competitive sealed bidding or competitive negotiation for
other than professional services.
· After reviewing the original and competing unsolicited proposals,
the City can decide not to proceed further or to proceed with the
original unsolicited proposal, a competing unsolicited proposal, or
multiple proposals. The City reserves the right to reject any
proposal at any time.
· Detailed proposals will then be requested from private entities
remaining under consideration and evaluated.
· A comprehensive agreement must be negotiated with the selected
proposer before any work can begin.
If the proposal is solicited:
· No proposal review fee will be charged unless so indicated in the
solicitation. The City may determine at its discretion whether to
require proposers to pay review fees for solicited proposals and if
so, the amount of such fees.
· A conceptual and detailed proposal review process may also be
employed.
Honorable Mayor and Members of Council
January 20, 2004
Page 4
· The bid/proposal solicitation document will detail all of the
information required to be submitted, consistent with the PPEA, as
well as the factors to be used in evaluating each proposal.
· A comprehensive agreement must be negotiated with the selected
proposer before any work can begin.
5. The City reserves the right to select its own finance team, source, and
financing vehiclein the event any project is financed through the
issuance of obligations that are deemed to be tax-supported debt of
the City, or if financing such project may impact the City's debt rating
or financial position. The decision as to whether to use the financing
plan contained in any proposal (whether solicited or unsolicited) is at
the City's sole discretion.
Recommended Action:
City Council approve and adopt the attached Procedures for the Public-Private
Education Facilities and Infrastructure Act of 2002. Authorize the City's Director
of General Services to make such procedures publicly available, which may
include posting them on the City's website. Authorize the City Manager to take
such further action as may be necessary, including the development of
guidelines, to implement and administer such procedures.
Respectfully submi~ed,
Darlene L. Bu/~r~m
City Manager
DLB:rbl
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Jeffrey H. Powell, Director of General Services
Sherman M. Stovall, Acting Director of Management and Budget
Sharon Twine-Gentry, Senior Buyer
CM04-00001
City of Roanoke
Procedures Regarding Proposals Made Pursuant to the
Public-Private Education Facilities and Infrastructure
Act of 2002
Adopted by Roanoke City Council
January 20, 2004
Public-Private Education Facilities and Infrastructure Act of 2002
Table of Contents
L Introduction .........................................................................................................................
II. General Provisions ............................................................................................................ 4
A. Proposal Submission ............................................................................................................. 4
B. Affected Local Jurisdictions ................................................................................................
C. Proposal Fee ................................................................................................................................. 5
D. Virginia Freedom of Information Act ................................................................................. 6
E. Use of Public Funds ............................................................................................................... 7
F. Applicability of Other Laws .................................................................................................. ?
III. Solicited Bids/Proposals .............................................................................................. 7
IV. Unsolicited Proposals .................................................................................................. 7
A. Decision to Accept and Consider Unsolicited Proposal; Notice .................................... 8
B. Initial Review by the City at the Conceptual Stage ............................................................. 9
V. Proposal Preparation and Submission .................................................................... 9
A. Format for Submissions at Conceptual Stage ................................................................ 9
B. Format for Submissions at Detailed Stage .................................................................... 13
VI. Proposal Evaluation and Selection Criteria .......................................................... 14
A. Qualifications and Experience .......................................................................................... ]4
B. Project Characteristics ........................................................................................................
C. Project Financing .................................................................................................................. 15
D. Project Benefit and Compatibility ..................................................................................... 16
VII. Comprehensive Agreement ...................................................................................... 17
VIII. Governing Provisions ................................................................................................. !
2
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
I. Introduction
The Public-Private Education Facilities and Infrastructure Act of 2002, Va. Code
Sec. 56-575.1 through 56-575.16 (the "PPEA"), grants the City of Roanoke (the "City"),
a "responsible public entity" as defined in the PPEA, the authority to create public-
private partnerships for the development of a wide range of projects for public use if the
City determines there is a need for the project and that private involvement may provide
the project to the public in a timely or cost-effective fashion. Individually negotiated
comprehensive agreements between an "operator", as defined in the PPEA, and the
City will define the respective rights and obligations of the City and the private operator.
In order for a project to come under the PPEA, it must meet the definition of a
"qualifying project." The PPEA defines a qualifying project as follows:
Any education facility, including, but not limited to, a school building, any
functionally related and subordinate facility and land to a school building
(including any stadium or other facility primarily used for school events),
and any depreciable property provided for use in a school facility that is
operated as part of the public school system or as an institution of higher
education;
B. Any building or facility for principal use by any public entity;
Any improvements, together with equipment, necessary to enhance public
safety and security of buildings to be principally used by a public entity;
D. Utility and telecommunications and other communications infrastructure;
E. A recreational facility; or
Technology infrastructure, including, but not limited to,
telecommunications, automated data processing, word processing and
management information systems, and related information, equipment,
goods and services.
The PPEA establishes requirements that the City must adhere to when reviewing
and approving proposals received pursuant to the PPEA. In addition, the PPEA
specifies the criteria that must be used to select a proposal and the contents of the
comprehensive agreement detailing the relationship between the City and the private
entity.
Section 56-575.16 of the PPEA provides that the respective governing body of a
public entity must first adopt procedures that it will follow to receive and evaluate any
proposal submitted to the public entity under the provisions of the PPEA. Accordingly,
Roanoke City Council adopted the following procedures on January 20, 2004 to guide
the City administration in implementation of the PPEA. The individual designated by the
Implementation Procedures
3
Public-Private Education Facilities and Infrastructure Act of 2002
City Manager to respond to inquiries regarding the PPEA or these procedures and to
serve as the point of contact to receive proposals submitted under the PPEA shall be
the Purchasing Manager.
Although guidance with regard to the application of the PPEA is provided herein,
it will be incumbent upon all entities, both public and private, to comply with the
provisions of the PPEA.
II. General Provisions
A. Proposal Submission
A proposal to provide a qualifying project may be either solicited by the City (a
"Solicited Bid/Proposal" via issuance of an "Invitation to Bid" or "Request for Proposal")
or delivered by a private entity on an unsolicited basis (an "Unsolicited Proposal"), which
can then involve competing Unsolicited Proposals as referred to in Section IV. In either
case, any such proposal shall be clearly identified as a "PPEA Proposal."
Those entities responding to a Solicited Bid/Proposal or submitting an Unsolicited
Proposal (Proposer(s) or private entity or party) will be required to follow a two-part
proposal submission process consisting of an initial conceptual phase and a detailed
phase. The initial phase of the proposal must contain specified information on operator
qualifications and experience, project characteristics, project financing, anticipated
public support or opposition, or both, and project benefit and compatibility. The detailed
proposal must contain specified deliverables.
The PPEA allows private entities to include innovative financing methods,
including the imposition of user fees or service payments, in a proposal. Such financing
arrangements may include the issuance of debt instruments, equity or other securities
or obligations, including, if applicable, the portion of the tax-exempt private activity bond
limitation amount to be allocated annually to the Commonwealth of Virginia pursuant to
the Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of
education facilities using public-private partnerships, and to provide for carryovers of
any unused limitation amount.
Proposals should be prepared simply and economically, providing a concise
description of the Proposer's capabilities to complete the proposed qualifying project
and the benefits to be derived from the project by the City. Project benefits to be
considered are those occurring during the construction, renovation, expansion or
improvement phase and during the life cycle of the project. Proposals also should
include a comprehensive scope of work and a financial plan for the project, containing
enough detail to allow an analysis by the City of the financial feasibility of the proposed
project. For specific applications, the City may request, in writing, clarification to the
submission.
4
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
The PPEA is intended to encourage proposals from the private sector that offer
the provision of private financing in support of the proposed public project and the
assumption of commensurate risk by the private operator, but also benefits to the
operator through innovative approaches to project financing, development and use.
However, while substantial private sector involvement is encouraged, qualifying facilities
will still be devoted primarily to public use and typically involve facilities critical to the
public health, safety and welfare. Accordingly, the City shall continue to exercise full
and proper due diligence in the evaluation and selection of operators for these projects.
In this regard, the qualifications, capabilities, resources and other attributes of a
prospective operator and its whole team will be carefully examined for every project. In
addition, Proposers proposing projects shall be held strictly accountable for
representations or other information provided regarding their qualifications, experience
or other contents of their proposals, including all specific aspects of proposed plans to
be performed by the operator.
B. Affected Local Jurisdictions
Any private entity requesting approval from, or submitting a conceptual or
detailed proposal to, the City must provide other affected local jurisdictions as defined in
the PPEA with a copy of the private entity's request or proposal by certified mail,
express delivery or hand delivery within 5 business days after receiving notice from the
City that the City has decided to accept the proposal for consideration pursuant to
Section IV hereof. Any affected local jurisdiction shall have 60 days from the receipt of
its copy of the request or proposal to submit written comments to the City and to
indicate whether the proposed qualifying project is compatible with the (i) local
comprehensive plan, (ii) local infrastructure development plans, or (iii) capital
improvements budget or other government spending plan. Comments received within
the 60-day period shall be considered by the City in evaluating the request or proposal,
and no negative inference shall be drawn from the absence of comments by an affected
local jurisdiction.
C. Proposal Fee
The City may seek the advice of internal staff or outside advisors or consultants
with relevant experience in determining whether to enter into an agreement with the
private entity.
The City will charge a fee to the private entity to cover the costs of processing,
reviewing, and evaluating any Unsolicited Proposal, or competing Unsolicited Proposal,
submitted under the PPEA. Also, if the solicitation so indicates, the City may require
payment of a review fee by any private entities submitting Solicited Proposals. The fee
shall not be greater than the direct costs associated with evaluating the proposed
qualifying project. "Direct costs" include (i) the cost of staff time required to process,
evaluate, review and respond to the proposal and (ii) the out-of-pocket costs of any
outside advisors or consultants, including, but not limited to, attorneys and financial
advisors.
5
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
Proposals solicited by the City that are not in response to an Unsolicited
Proposal will not be subject to proposal review fees unless so indicated in the
solicitation. The City may determine at its discretion whether to require Proposers to
pay review fees for Solicited Proposals and if so, the amount of such fees if different
than set forth below.
The fee will be administered as follows:
1. Initial Fee. The initial fee shall be one half of one percent (0.5%) of the
reasonably anticipated total cost of the project, but shall be no less than $5,000
regardless of the anticipated cost. Additional fees may be charged as set forth below.
Payment of the initial fee in certified funds must accompany the proposal in order for the
City to proceed with its review. However, the City Council reserves the right to specify a
different initial fee amount in a solicitation issued under Section III of these procedures
or for an Unsolicited Proposal and competing Unsolicited Proposals under Section IV of
these procedures.
2. Additional fees. Additional fees over and above the initial fee shall be
imposed on and paid by the private entity throughout the processing, review, and
evaluation of the Proposal if the City incurs costs in excess of the initial fee paid by the
private entity. The City will notify the private entity of the amount of such additional fees
as it incurs such costs. Prompt payment of such additional fees is required before the
City will continue to process, review, and evaluate the Proposal.
3. Return of initial fee if Proposal not accepted for consideration. If the City
decides not to accept the Proposal for consideration, pursuant to subsection C of §56-
575.3, the City will return the Proposal, together with all fees and accompanying
documentation, to the private entity. However, once the City accepts the Proposal for
consideration, even if it is thereafter rejected at any subsequent time, the initial fee and
all additional fees become nonrefundable and will not be returned to the private entity.
D. Virginia Freedom of Information Act
Generally, proposal documents submitted by private entities are subject to the
Virginia Freedom of Information Act ("FOIA"). In accordance with Virginia Code § 2.2-
3705(A)(56) of FOIA, such documents are releasable if requested, except to the extent
permitted therein by law. The procurement records may also be made available upon
request in accordance with Virginia Code § 56-575.16(5). Furthermore, the private
entity must invoke such exclusion in compliance with the above code sections.
The City may attempt to protect only confidential proprietary information as
allowed by law, and thus will not protect any portion of a proposal from disclosure if the
entire proposal has been designated confidential by the Proposer without reasonably
differentiating between the proprietary and non-proprietary information contained
therein. It is the responsibility of the Proposer to make clear what parts of a
6
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
Proposal are being sought to be declared confidential and to also provide, upon
request, reasons for such designation.
E. Use of Public Funds
Virginia constitutional and statutory requirements as they apply to appropriation
and expenditure of public funds apply to any comprehensive agreement entered into
under the PPEA. Accordingly, the processes and procedural requirements associated
with the expenditure or obligation of public funds shall be incorporated into planning for
any PPEA project or projects.
F. Applicability of Other Laws
Nothing in the PPEA shall affect the duty of the City or any of its officers,
employees, or agents, to comply with all other applicable laws not in conflict with the
PPEA. The applicability of the Virginia Public Procurement Act (the "VPPA") is as set
forth in the PPEA.
III. Solicited Bids/Proposals
The City may solicit bids or proposals from private entities to acquire, construct,
improve, renovate, expand, maintain or operate qualifying projects, or to design or equip
such. The City may use a two-part process consisting of an initial conceptual phase
and a detailed phase. The solicitation will set forth the format and supporting
information that is required to be submitted, consistent with the provisions of the PPEA.
The solicitation will specify, but not necessarily be limited to, information and
documents that must accompany each proposal and the factors that will be used in
evaluating the submitted proposals. The solicitation will be posted in public areas
where construction projects are normally posted, and may include the City's website.
Notices will also be published in The Roanoke Times, in any publication required by the
PPEA, and may be published in The Roanoke Tribune. The solicitation will also contain
or incorporate by reference other applicable terms and conditions, including any unique
capabilities or qualifications that will be required of the private entities submitting
proposals. Pre-proposal conferences may be held as deemed appropriate by the City.
IV. Unsolicited Proposals
The PPEA permits the City to receive, evaluate and select for negotiations
unsolicited proposals from private entities to acquire, construct, improve, renovate,
expand, maintain, or operate a qualifying project or to design or equip projects so
constructed, improved, renovated, expanded, maintained or operated.
7
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
The City may publicize its needs and may encourage interested parties to submit
proposals subject to the terms and conditions of the PPEA. When such proposals are
received pursuant to this procedure, without solicitation by an Invitation to Bid or a
Request for Proposals, the proposal shall be treated as a competing Unsolicited
Proposal. Unsolicited and/or competing Unsolicited Proposals must be submitted to the
Purchasing Manager by delivering six complete copies, together with the required
proposal fee.
A. Decision to Accept and Consider Unsolicited Proposal; Notice
1. The City reserves the right to reject any and all proposals at any time.
2. Upon receipt of any Unsolicited Proposal or group of proposals and
payment of the required fee by the Proposer(s), the City will determine whether to
accept the Unsolicited Proposal for consideration. If the City determines not to accept
the proposal for consideration, it will only return the proposal, together with all fees and
accompanying documentation, to the Proposer(s) subject to the provisions set forth in
section II (C).
3. If the City chooses to accept an Unsolicited Proposal for consideration, it
will post a notice in public areas where construction projects are normally posted,
possibly including the City's website, for a period of not less than 45 days. The City will
also publish the same notice once in The Roanoke Times, in any publication required by
the PPEA, and possibly The Roanoke Tribune, not less than 45 days before competing
proposals are due to be submitted for consideration by the City, to notify any parties that
may be interested in submitting such competing Unsolicited Proposals. The notice will
state that the City (i) has received and accepted for consideration an Unsolicited
Proposal under the PPEA, (ii) intends to evaluate the proposal, (iii) may negotiate a
comprehensive agreement with the operator based on the proposal, and (iv) will accept
for simultaneous consideration any competing Unsolicited Proposals that comply with
the procedures adopted by the City and the PPEA. The notice also will summarize the
proposed qualifying project or projects, and identify their proposed locations. Copies of
Unsolicited and competing Unsolicited Proposals will be available upon request, subject
to the provisions of FOIA and § 56-575.4(G) of the PPEA.
4. In the event the City receives an Unsolicited Proposal and subsequently
receives one or more Unsolicited Proposals for the same or similar project prior to
completing its review of the first Proposal and prior to accepting the first Proposal for
consideration pursuant to this Section IV, the City may choose to (i) not accept any of
the subject Proposals, (ii) accept only one of the Proposals for consideration but not
necessarily the first Proposal, or (iii) accept more than one Proposal for conceptual
phase consideration. In the event the City accepts only one Proposal for consideration,
the City shall return the Proposals and any accompanying fees to the respective
Proposers whose Proposals were not accepted so the Proposers may resubmit their
Proposals as competing Unsolicited Proposals pursuant to Section IV.
8
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
B. Initial Review by the City at the Conceptual Stage
1. Only proposals complying with the requirements of the PPEA that contain
sufficient information for a meaningful evaluation and that are provided in an appropriate
format will be considered by the City for further review at the conceptual stage.
Formatting requirements for proposals at the conceptual stage are found at Section ¥
(^) of these procedures.
The City reserves the right to select its own finance team, source and financing vehicle
in the event any project is financed through the issuance of obligations that are deemed
to be tax-supported debt of the City, or if financing such project may impact the City's
debt-rating or financial position. The decision as to whether to use the financing plan
contained in any proposal (whether solicited or unsolicited) is at the City's sole
discretion.
using:
The City will determine at this initial stage of review whether it will proceed
Procedures used by the City that are consistent with procurement
through competitive sealed bidding, as defined in the VPPA; or
Procedures used by the City that are consistent with procurement
of other than professional services through "competitive
negotiation" as defined in the VPPA. The City may proceed using
such procedures only if it makes a determination in advance by the
City Council or City Manager, and set forth in writing that
competitive sealed bidding is either not practicable or not fiscally
advantageous to the public.
3. After reviewing the original proposal and any competing proposals
submitted during the notice period, the City will determine:
Not to proceed further with any proposal;
To proceed to the detailed phase of review with the original
proposal;
To proceed to the detailed phase with a competing proposal; or
To proceed to the detailed phase with multiple proposals.
V. Proposal Preparation and Submission
A. Format for Submissions at Conceptual Stage
The City requires that proposals at the conceptual stage contain information in
the following areas: (1) qualifications and experience, (2) project characteristics, (3)
project financing, (4) project benefit and compatibility and (5) any additional information
9
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
the City may reasonably request to comply with the requirements of the PPEA.
Suggestions for formatting information to be included in proposals at this stage include:
1. Qualification and Experience
a. Identify the legal structure of the firm or consortium of firms making
the proposal. Identify the organizational structure for the project, the management
approach and how each partner and major subcontractor in the structure fits into the
overall team.
b. Describe the experience of the firm or consortium of firms making
the proposal and the key principals involved in the proposed project including
experience with projects of comparable size and complexity. Describe the length of time
in business, business experience, public sector experience and other engagements of
the firm or consortium of firms. Include the identity of any firms that will provide design,
construction and completion guarantees and warranties and a description of such
guarantees and warranties. Provide resumes of the key individuals who will be involved
in the project.
c. Provide the names, addresses, and telephone numbers of persons
within the firm or consortium of firms who may be contacted for further information.
d. Provide a current or most recently audited financial statement of the
firm or firms and each partner with an equity interest of twenty percent or greater.
proposal.
e. Identify the officers and directors of the firm or firms submitting the
f. Identify any persons known to the Proposer who would be obligated
to disqualify themselves from participation in any transaction arising from or in
connection to the project pursuant to The Virginia State and Local Government Conflict
of Interests Act, § 2.2-3100, et seq., of the Code of Virginia (1950), as amended.
2. Project Characteristics
a. Provide a description of the project, including the conceptual
design. Describe the proposed project in sufficient detail so that type and intent of the
project, the location, and the communities that may be affected are clearly identified.
b. Identify and fully describe any work to be performed by the City.
c. Include a list of all federal, state and local permits and approvals
required for the project and a schedule for obtaining such permits and approvals.
10
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
d. Identify any anticipated adverse social, economic and
environmental impacts of the project. Specify the strategies or actions to mitigate
known impacts of the project.
e. Identify the projected positive social, economic and environmental
impacts of the project.
f. Identify the proposed schedule for the work on the project, including
the estimated time for completion.
g. Propose allocation of risk and liability for work completed beyond
the agreement's completion date, and assurances for timely completion of the project.
h. State assumptions related to ownership, legal liability, law
enforcement and operation of the project and the existence of any restrictions on the
public entity's use of the project.
i. Provide information relative to phased or partial openings of the
proposed project prior to completion of the entire work.
j. Describe any architectural, building, engineering, or other
applicable standards that the proposed project will meet. Define applicable quality
standards to be adhered to for achieving the desired project outcome(s).
k. List all assumptions relied on for the project to be successful.
I. List all contingencies that must occur for the project to be
successful.
3. Project Financing
a. Provide a preliminary estimate and estimating methodology of the
cost of the work by phase, segment (e.g., design, construction, and operation), or both.
b. Submit a plan for the development, financing and operation of the
project showing the anticipated schedule on which funds will be required. Describe the
anticipated costs of and proposed sources and uses for such funds, including any
anticipated debt service costs. The operational plan should include appropriate staffing
levels and associated costs. Include supporting due diligence studies, analyses, or
reports.
c. Include a list and discussion of assumptions underlying all major
elements of the plan. Assumptions should include all fees associated with financing
given the recommended financing approach including, but not limited to, underwriters
discount, placement agent, legal, rating agency, consultants, feasibility study, and other
related fees. A complete discussion of interest rate assumptions should be included
11
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
given current market conditions. Any ongoing operational fees should also be disclosed
as well as any assumptions with regard to increases in such fees and escalator
provisions to be required in the comprehensive agreement.
these factors.
Identify the proposed risk factors and methods for dealing with
e. Identify any local, state or federal resources that the Proposer
contemplates requesting for the project. Describe the total commitment, if any,
expected from governmental sources, including the City, and the timing of any
anticipated commitment.
f. Identify any third parties that the private entity contemplates will
provide financing for the project and describe the nature and timing of each such
commitment, both one-time and ongoing.
g. Clearly describe the underlying support and commitment required
by the City under the recommended plan of finance. Expectations with regard to the
City providing its general obligation should be included. The underlying assumptions
should address this need in detail.
4. Project Benefit and Compatibility
a. Identify who will benefit from the project, how they will benefit and
how the project will benefit the City, the overall community, region, or state.
b. Identify any anticipated public support or opposition, as well as any
anticipated government support or opposition, for the project.
c. Explain the strategy and plans that will be carried out to involve and
inform the general public, business community, and governmental agencies in areas
affected by the project.
d. Describe the anticipated significant benefits to the City, the
community, region or state including anticipated benefits to the economic condition of
the City and whether the project is critical to attracting or maintaining competitive
industries and businesses to the City or the surrounding region.
e. Explain how the project is compatible with the local comprehensive
plan, local infrastructure development plans, the capital improvements budget or other
government spending plan.
f. Provide a statement setting forth participation efforts that are
intended to be undertaken in connection with this project with regard to the following
types of businesses:
Implementation Procedures
12
Public-Private Education Facilities and Infrastructure Act of 2002
(i) minority-owned businesses;
(ii) woman-owned businesses; and
(iii) small businesses.
B. Format for Submissions at Detailed Stage
If the City decides to proceed to the detailed phase of review with one or more
proposals, the following information must be provided by the private entity unless
waived in writing by the City:
1. A topographical map (1:2,000 or other appropriate scale) depicting the
location of the proposed project electronic format may be permissible if compatible with
City systems and may be required;
2. A list of public utility facilities, if any, that will be crossed by the qualifying
project and a statement of the plans of the Proposer to accommodate such crossings;
3. A statement and strategy setting out the plans for securing all necessary
property, and the estimated cost of such property. The statement must include the
names and addresses, if known, of the current owners of the subject property as well as
a list of any property the Proposer intends to request the public entity to condemn for
public use and a description of such public use.
4. A detailed listing of all firms that will provide specific design, construction
and completion guarantees and warranties, and a brief description of such guarantees
and warranties;
5. A total life-cycle cost specifying methodology and assumptions of the
project or projects and the proposed project start date. Include anticipated commitment
of all parties; equity, debt, and other financing mechanisms; and a schedule of project
revenues and project costs. The life-cycle cost analysis should include, but not be
limited to, a detailed analysis of the projected return, rate of return, or both, expected
useful life of facility and estimated annual operating expenses.
6. A detailed discussion of assumptions about user fees or rates, and usage
of the projects.
7. Identification of any known government support or opposition, or general
public support or opposition for the project. Government or public support should be
demonstrated through resolution of official bodies, minutes of meetings, letters, or other
official communications.
8. Demonstration of consistency with appropriate local comprehensive or
infrastructure development plans or indication of the steps required for acceptance into
such plans.
Implementation Procedures
13
Public-Private Education Facilities and Infrastructure Act of 2002
9. Sufficient design and engineering detail to establish floor plans,
elevations, and site characteristics.
10. Explanation of how the proposed project would impact local development
plans of each affected local jurisdiction.
11.
proposal.
Identification of the officers and directors of the firm or firms submitting the
12. Identification of any known conflicts of interest or other disabilities that
may impact the City's consideration of the proposal, including the identification of any
persons known to the Proposer who would be obligated to disqualify themselves from
participation in any transaction arising from or in connection to the project pursuant to
The Virginia State and Local Government Conflict of Interest Act, Chapter 31 § 2.2-
3100, et seq., of the Code of Virginia (1950), as amended.
13. Identification of all known contractors or service providers, including but
not limited to the providers of architectural services, real estate services, financial
services, and legal services for the current proposal.
14. Detailed analysis of the financial feasibility of the proposed project,
including impact on similar facilities operated or planned by the City. Include a detailed
description of any financing plan proposed for the project, a comparison of that plan with
financing alternatives that may be available to the City, and all underlying data
supporting any conclusions reached in the analysis or the selection by the private entity
of the financing plan proposed for the project.
15. Detailed listing of all performance securities the Proposer will provide to
guarantee success of the project, and what payments or returns will be made to the City
if the project is not fully and successfully completed.
16. Additional material and information as the City may request.
VI. Proposal Evaluation and Selection Criteria
The following items may be considered in the evaluation and selection of PPEA
proposals.
A. Qualifications and Experience
Factors that may be considered in either phase of the City's review to determine
whether the Proposer possesses the requisite qualifications and experience include:
1. Experience with similar projects;
2. Demonstration of ability to perform work;
3. Leadership structure;
Implementation Procedures
14
Public-Private Education Facilities and Infrastructure Act of 2002
5.
6.
7.
8.
B.
Project manager's experience;
Management approach;
Financial condition;
Project ownership: and
Such other items as the City deems appropriate.
Project Characteristics
Factors that may be considered in determining the project characteristics include:
1. Project definition;
2. Proposed project schedule;
3. Operation of the project;
4. Technology; technical feasibility
5. Conformity to laws, regulations, and standards;
6. Environmental impacts;
7. Condemnation impacts;
8. State and local permits;
9. Maintenance of the project; and
10. Such other items as the City deems appropriate.
C. Project Financing
The City reserves the right to select its own finance team, source, and financing
vehicle in the event any project is financed through the issuance of obligations that are
deemed to be tax-supported debt of the City, or if financing such project may impact the
City's debt rating or financial position. The decision as to whether to use the financing
plan contained in any proposal (whether solicited or unsolicited) is at the City's sole
discretion.
Implementation Procedures
15
Public-Private Education Facilities and Infrastructure Act of 2002
Along with the information required for the initial and detailed proposals, factors
to be considered in determining whether the proposed project financing allows access
to the necessary capital at the lowest practical cost given the project include:
1. Cost and cost benefit to the City;
2. Financing and the impact on the debt or debt burden of the City;
3. Financial plan including overall feasibility and reliability of the plan; default
implications; Proposer's past performance with similar plans and similar projects;
degree to which the Proposer has conducted due diligence investigation and analysis of
the proposed financial plan and the results of any such inquiries or studies;
4. Estimated cost, including financing source, operating costs, etc.;
5. Life-cycle cost analysis;
6. The identity, credit history, past performance of any third party that will
provide financing for the project and the nature and timing of their commitment;
7. Comparable costs of other project delivery methods; and
6. Such other items as the City deems appropriate.
D. Project Benefit and Compatibility
Factors that may be considered in determining the proposed project's
compatibility with the appropriate local or regional comprehensive or development plans
include:
1. Community benefits;
2. Community support or opposition, or both;
3. Public involvement strategy;
4. Compatibility with existing and planned facilities;
5. Compatibility with local, regional, and state economic development efforts;
6. Fiscal impact to the City in terms of revenues and expenditures;
7. Economic output of the project in terms of jobs and total economic impact
on the local economy;
Implementation Procedures
16
Public-Private Education Facilities and Infrastructure Act of 2002
8. Submission of required statement regarding participation efforts that are to
be undertaken with regard to minority-owned, women-owned, and small businesses;
and
9. Such other items as the City deems appropriate.
VII. Comprehensive Agreement
Prior to acquiring, designing, constructing, improving, renovating, expanding,
equipping, maintaining, or operating the qualifying project, the selected Proposer shall
enter into a comprehensive agreement with the City. The City may designate a working
group to be responsible for negotiating the comprehensive agreement. Each
comprehensive agreement shall define the rights and obligations of the City and the
selected Proposer (operator) with regard to the project.
The terms of the comprehensive agreement shall include, if applicable, but not
be limited to:
1. The delivery of maintenance, performance and payment bonds or letters
of credit or other security in the forms and amounts satisfactory to the City in connection
with any acquisition, design, construction, improvement, renovation, expansion,
equipping, maintenance, or operation of the qualifying project;
2. The review and approval of plans and specifications for the qualifying
project by the City;
3. The rights of the City to inspect the qualifying project to ensure
compliance with the comprehensive agreement;
4. The maintenance of a policy or policies of liability insurance or self-
insurance in form and amount satisfactory to the City and reasonably sufficient to insure
coverage of the project and the protection from the potential tort liability to the public
and others and to enable the continued operation of the qualifying project;
5. The monitoring of the practices of the operator by the City to ensure
proper maintenance;
provided;
The terms under which the operator will reimburse the City for services
7. The policies and procedures that will govern the rights and responsibilities
of the City and the operator in the event that the comprehensive agreement is
terminated or there is a material default by the operator, including the conditions
governing assumption of the duties and responsibilities of the operator by the City and
the transfer or purchase of property or other interests of the operator to or by the City;
17
Implementation Procedures
Public-Private Education Facilities and Infrastructure Act of 2002
8. The terms under which the operator will file appropriate financial
statements on a periodic basis.
9. The mechanism by which user fees, lease payments, or service
payments, if any, may be established from time to time upon agreement of the parties.
Any payments or fees shall be set at a level that are the same for persons using the
facility under like conditions and that will not materially discourage use for the qualifying
project;
a. A copy of any service contract shall be filed with the City.
A schedule of the current user fees or lease payments shall be
made available by the operator to any member of the public upon
request.
Classifications according to reasonable categories for assessment
of user fees may be made.
10. The terms and conditions under which the City may contribute financial
resources, if any, for the qualifying project;
11. A provision, in a form acceptable to the City, that will require the operator
to indemnify and hold harmless the City and its officers, agents, employees, and
volunteers from any and all claims, damages, causes of action, suits of any nature, cost,
and expenses, including reasonable attorney's fees, resulting from or arising out of the
operator's, or its agents or subcontractors, acts or omissions or connected in any way to
the qualifying project.
12. Any other provisions required by applicable law; and
13. The terms and conditions under which the City will be required to pay
money to the operator and the amount of any such payments for the project.
14. Such other terms and conditions as the City may deem appropriate.
Any changes in the terms of the comprehensive agreement as may be agreed
upon by the parties from time to time shall be added to the comprehensive agreement
by written amendment.
VIII. Governing Provisions
In the event of any conflict between these provisions and the PPEA, the terms of
the PPEA shall control.
END OFPROCEDURES
Implementation Procedures
18
:/
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-maih clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 20, 2004
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, this is to advise you that the
terms of office of Alvin L. Nash and Ruth C. Willson will expire on June 30, 2004.
Pursuant to Section 9-16, Code of the City of Roanoke (1979), as amended, on or before
February 15 of each year, Council shall announce its intention to elect Trustees of the
Roanoke City School Board for terms commencing July 1 through (1) public announcement
of such intention at two consecutive regular sessions of the Council and (2) advertisement
of such intention in a newspaper of general circulation in the City twice a week for two
consecutive weeks.
H:\SCHOOL 041NOTIFICATION LE~FER TO COUNCIL. DOC
The Honorable Mayorand Members
ofthe Roanoke City Council
January 20,2004
Page 2
Section 9-17 of the City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year. Applications will be available in the City Clerk's Office
and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through
Friday, or applications may be completed online at the City of Roanoke's web page
www. roanoke.qov.com. Information describing the duties and responsibilities of School
Trustees may be obtained in the City Clerk's Office.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
H:\SCHOOL.04tNOTIFICATION LETTER TO COUNCIL DOC
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
Januaw 22,2004
File #53
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
I am attaching a certified copy of Resolution No. 36605-012004 authorizing issuance and
sale of not to exceed $60 million principal amount of City of Roanoke, General Obligation
Public Improvement Refunding Bonds. The abovereferenced measure was adopted bythe
Council of the City of Roanoke at a regular meeting which was held on Tuesday,
January 20, 2004.
Pursuant to provisions of Section 11 of Resolution No. 36605-012004, I am required to file
a certified copy of the resolution with the Circuit Court of the City of Roanoke, Virginia.
Mary F. Park~er.
arker, CMC
City Clerk
MFP:ew
Attachment
The Honomble Bmnda S. Hamilton
January 22,2004
Page 2
pc:
Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New
York, New York 10005
George B. Pugh, Jr., Managing Director, Morgan Keegan & Company, Inc.,
507 Ocean Boulevard, Suite 201-1, St. Simons Island, Georgia 31522
Gary Ometer, BB&T Capital Markets, P. O. Box 1575, Richmond, Virginia 23218-
1575
The Honorable Evelyn W. Powers, City Treasurer
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
George C. Snead, Jr., Assistant City Manager for Operations
Sherman M. Stovall, Acting Director, Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of January, 2004.
No. 36605-012004.
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE AT NEGOTIATED
SALE OF NOT TO EXCEED SIXTY MILLION DOLLARS ($60,000,000) PRINCIPAL
AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BONDS; FIXING THE FORM, DENOMINATION AND
CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY
MANAGER AND THE DIRECTOR OF FINANCE AUTHORITY, AMONG OTHER
THINGS, TO SELECT AN UNDERWRITER FOR SUCH BONDS, TO EXECUTE AND
DELIVER TO SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND
BETWEEN THE CITY AND SUCH UNDERWRITER, TO DETERMINE THE
AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, THE MATURITY DATES .
OF SUCH BONDS AND THE PRINCIPAL AMOUNTS OF SUCH BONDS MATURING
IN EACH YEAR, THE INTEREST PAYMENT DATES FOR SUCH BONDS AND THE
RATES OF INTEREST TO BE BORNE BY SUCH BONDS, THE REDEMPTION
PROVISIONS AND REDEMPTION PREMIUMS, IF ANY, APPLICABLE TO SUCH
BONDS AND TO APPOINT AN ESCROW AGENT FOR THE BONDS TO BE
REFUNDED FROM THE PROCEEDS OF SUCH BONDS; AUTHORIZING THE
PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL
STATEMENT AND THE DELIVERY THEREOF TO SUCH UNDERWRITER;
AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT
RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER
AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT;
AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO
DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE
PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH
BONDS AND THE REFUNDING OF THE REFUNDED BONDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA:
SECTION 1. (a) (i) Pursuant to Section 47 of the Charter of the City, an
election duly called and held in 'the City on November 8, 1994, and Ordinances Nos. 32131-
080894 and 32132-080894 adopted by this Council on August 8, 1994, there were authorized to
be issued, sold and delivered general obligation bonds of the City in the principal amount of
$23,000,000, for the purposes specified in such ordinances.
442113.4 026378 RES
(ii) Pursuant to Ordinance No. 32791-121895 adopted by this Council on
December 18, 1995, the City authorized and approved the issuance and sale of the general
obligation bonds referred to in Section l(a)(i) hereof, such bonds having been issued in the
principal amount of $23,000,000, designated as the "City of Roanoke, Virginia, General
Obligation Public Improvement Bonds, Series 1996A" (.the "Series 1996A Bonds"), dated
January 1, 1996 and maturing in varying principal amounts on February 1 in each of the years
1997 through 2014, both inclusive.
(b) (i) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950,
being the Public Finance Act of 1991 as then in effect, and Ordinance No. 32703-102395
adopted by this Council on October 23, 1995, there were authorized to be issued, sold and
delivered general obligation public improvement bonds of the City in the principal amount of
$8,300,000, for the purposes specified in Ordinance No. 32703-102395.
(ii) Pursuant to Ordinance No. 32791-121895 adopted by this Council on
December 18, 1995, the City authorized and approved the issuance and sale of the general
obligation bonds referred to in Section l(b)(i) hereof, such bonds having been issued in the
principal amount of $8,300,000, designated as the "City of Roanoke, Virginia, General .
Obligation Public Improvement Bonds, Series 1996B" (the "Series 1996B Bonds"), dated
January 1, 1996 and maturing in varying principal amounts On February 1 in each of the years
1997 through 2014, both inclusive.
(c) (i) Pursuant to Section 47 of the Charter of the City, an election duly
called and held in the City on November4, 1997, and Ordinances Nos. 33497-072197 and
33498-072197 adopted by this Council on July 21, 1997, there were authorized to be issued, sold
and delivered general obligation bonds of the City in the principal amount of $39,030,000, for
the purposes specified in such ordinances.
(ii) Pursuant to Ordinance No. 33652-111797 adopted by this Council on
November 17, 1997, the City authorized and approved the issuance and sale of a portion of the
general obligation bonds referred to in Section l(c)(i) hereof, such bonds having been issued in
the principal amount of $13,010,000, designated as the "City of Roanoke, Virginia, General
Obligation Public Improvement Bonds, Series 1997A" (the "Series 1997A Bonds"), dated
December 15, 1997 and maturing in varying principal amounts on August 1 in each of the years
1998 through 2017, both inclusive.
(iii) Pursuant to Resolution No. 34476-090799 adopted by this Council on
September 7, 1999, the City authorized and approved the issuance and sale of the balance of the
general obligation bonds referred to in Section l(c)(i) hereof, such bonds having been issued in
the principal amount of $26,020,000, . designated as the "City of Roanoke, Virginia, General
Obligation Public Improvement Bonds, Series 1999A" (the "Series 1999A Bonds"), dated
October 1, 1999 and maturing in varying principal amounts on October 1 in each of the years
2000 through 2017, both inclusive, and on October 1, 2019.
(d) (i) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950,
being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), and Ordinance No
442113.4 026378RES
34255-041999 adopted by this Council on April 19, 1999, there were authorized to' be issued,
sold and delivered general obligation bonds of the City in the principal amount of $7,600,000,
for the purposes specified in such ordinance.
(ii) Pursuant to the Public Finance Act of 1991 and Ordinance No. 34362-
062199 adopted by this Council on June 21, 1999, there were authorized to be issued'sold and
delivered general obligation bonds of the City in the principal amount of $2,500,000, for the
purposes specified in such ordinance.
(iii) Pursuant to Resolution No. 34476-090799 adopted by this Council on
September7, 1999, the City authorized and approved the issuance and sale of the general
obligation bonds referred to in Section l(d)(i) and (ii) hereof, such bonds having been issued in
the principal amount of $10,100,000, designated as the "City of Roanoke, Virginia, General
O13ligation Public Improvement Bonds, Series 1999B (the "Series 1999B Bonds"), dated
October 1, 1999 and maturing in varying principal amounts on October 1 in each of the years
2000 through 2017, both inclusive, and on October 1, 2019.
(e) This Council deems it advisable and in the best interest of the City to
authorize and provide for the issuance, sale and delivery of an issue of general obligation public
improvement refunding bonds for the purpose of providing for the refunding of all Or a portion of
the $17,245,000 principal amount of the Series 1996A Bonds maturing on or after February I,
2007 (the "Refunded 1996A Bonds"), all or a portion of the $6,355,000 principal amount of the
Series 1996B Bonds maturing on or after February 1, 2007 (the "Refunded 1996B Bonds"), all
or a portion of $7,150,000 principal amount of the Series 1997 Bonds maturing on or after
August 1, 2007 .(the "Refunded 1997A Bonds"), all or a portion of $17,575,000 principal amount
of the Series 1999A Bonds maturing on .and after October 1, 2010 (the "Refunded 1999A
Bonds"), and all or a portion of $1,615,000 principal amount of the Series 1999B Bonds
maturing on and after October 1, 2010 (the "Refunded 1999B Bonds"). The Refunded 1996A
Bonds and the Refunded 1996B Bonds are hereinafter referred to collectively as the "Refunded
1996 Bonds", the Refunded 1999A Bonds and the Refunded 1999B Bonds are hereinafter
referred to collectively as the "Refunded 1999 Bonds", and the Refunded 1996 Bonds, the
Refunded 1997A Bonds and the Refunded 1999 Bonds are hereinafter referred to collectively as
the "Refunded Bonds".
SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in
particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia,
1950, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated
maturities and to pay the costs of issuance of the Bonds, there are hereby authorized to be issued,
sold and delivered not to exceed Sixty Million Dollars ($60,000,000) principal amount of general
obligation refunding bonds of the City which shall be designated and known as "City of
Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to
herein as the "Bonds').
(b) The Bonds shall be issued in their entirety at one time, or fi.om time to
time in part in series, as shall be determined by the Director of Finance. The Bonds of each
series shall be sold to an underwriter for the Bonds of such series (the "Underwriter") selected by
442113.4 026378RES
the Director of Finance. There shall be added to the designation of the Bonds a series
designation determined by the Director of Finance. The Bonds shall be issued in fully registered
form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given
series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear
interest from their date payable on such date and semiannually thereafter as shall be determined
by the City Manager and the Director of Finance in accordance with the provisions of Section 8
hereof. The Bonds shall be issued in such aggregate principal mount (not exceeding in the
aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates
and in such years (but in no event later than October 1, 2020), and in the principal amount in
each such year, determined by the City Manager and the Director of Finance in accordance with
the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) may be madd
subject to redemption at the option of the City prior to their stated maturities, in whole or in part
from time to time on any date, in such order as may be determined by the City (except that if at
any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of such redemption prices (expressed as a percentage of the
principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the
date fixed for the redemption thereof, as shall be determined by the City Manager and the
Director of Finance in accordance with the provisions of Section 8 hereof.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of. such Bond, the date and place or places fixed for its
redemption, the premium, if any, 'payable upon such redemption, and if less than the entire
principal amount of such Bond is to be redeemed, that such Bond must be surrendered in
exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued
equalling in principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class
mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of'
registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been
given as aforesaid, and payment of the principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest thereon shall
cease to accrue from and after the date so specified for the redemption thereof.
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 3. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and premium, if any, and interest on the
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442113.4 026378RES
Bonds as the same become due. In each year while the Bonds, or any of them, are Outstanding
and unpaid, this Council is authorized and required to levy and collect annually, at the same time
and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon
all taxable property within the City, over and above all other taxes, authorized or limited by law
and without limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds to the extent other funds of the City are no[ lawfully
available and appropriated for such purpose.
SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City,
by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have
a facsimile of the corporate seal. of the City imprinted thereon, attested by the manual or
facsimile signature of the City Clerk of the City.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certiftcate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatoi of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a
Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of
the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such
Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding, an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day ora calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, the proyisions of this Section 4(c) with
regard to the authentication of such Bonds and of Section 10 with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
(d) The execution and authentication of the Bonds in the manner above set
forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 5. (a) Th~ principal of and premium, if any, and interest on the
Bonds shall be payable in such coin or currency of the United States of America as at the
respective dates of payment thereof is legal tender for public and private debts at the office of the
Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the
registered owners of such Bonds at their respective addresses as such addresses appear on the
books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds
are in book-entry only form and registered in the name of Cede & Co., as nominee of DTC, or in
the name of such other nominee of DTC as may be requested by an authorized representative of
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442113.4 026378 RES
DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC
by wire transfer.
Co) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of
registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for such sefie§
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by
a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in t'orm satisfactory to the Registrar.
(0 All transfers or exchanges pursuant to this Section 5 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds ~hall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 5 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized
representative of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds will be
made by the Registrar to DTC dr its nominee, Cede & Co., or such other nominee of DTC as
may be requested by an authorized r. epresentative of DTC, as registered owner of the Bonds,
which will in turn remit such payments to the DTC participants for subsequent disbursal to the
beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments
to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial
owners of the Bonds by DTC participants will be the responsibility of such participants and other
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442113.4 026378RES
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by a
purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in
connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by
the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such
numbers shall be the responsibility of the Underwriter (as such term is defined in Section 8(a)).
Co) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a tme and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 7. The City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury
Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 8. (a) Pursuant to the authority of and for the purposes specified
herein, this Council hereby authorizes the City Manager and the Director of Finance, without
further action of this Council, to sell the Bonds at a negotiated sale to the Underwriter, on or
before July 1, 2004, at a price not less than ninety-five percent (95%) and not greater than one
hundred seven percent (107%) of the phncipal amount of the Bonds, plus accrUed interest fi.om
the date of the Bonds to the date of delivery thereof and payment therefor; provided, however,
that the Bonds allocable to the refunding of the Refunded 1996 Bonds may be sold to the
Underwriter only if the refunding of the Refunded 1996 Bonds will result in net present value
savings to the City of not less than. $500,000 and a net present value savings ratio of not less than
three percent (3%), in each case baied on the debt service on the Refunded 1996 Bonds, that the
Bonds allocable to the refunding of the Refunded 1997A Bonds may be sold to the Underwriter
only if the refunding of the Refunded 1997A Bonds will result in net present value savings to the
City of not less than $200,000 and a net present value savings ratio of not less than three percent
(3%), in each case based on the debt service on the Refunded 1997A Bonds, and that the Bonds
allocable to the refunding of the Refunded 1999 Bonds may be sold to the Underwriter only if
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442113.4 026378 RES
the refunding of the Refunded 1999 Bonds will result in net present value savings to the City of
noi less than $500,000 and a net present value savings ratio of not less than four percent (4%), in
each case based on the debt service on the Refunded 1999 Bonds, and provided further in no
event shall the underwriting compensation to the Underwriter exceed three-quarters of one
percent (3/4 of 1%) of the principal amount of the Bonds. This Council hereby further
authorizes the City Manager and the Director of Finance to execute and deliver to the
Underwriter a Bond Purchase Contract relating to the sale of the Bonds by the City to the
Underwriter in such form as shall be approved by the City Manager and the Director of Finance
upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such
approval to be conclusively evidenced by their execution and delivery thereof. The Bonds shall
bear interest at such rates per annum as shall be approved by the City Manager and the Director
of Finance; provided, however, in no event shall the true interest rate for the Bonds exceed five
percent ~5%) and provided further in no event shall the premium payable by the City upon th~
redemption of the Bonds exceed two percent (2%) of the principal amount thereof.
(b) The City Manager and the Director of Finance are hereby authorized to
cause to be prepared and deliver to the Underwriter a Preliminary Official Statement and a final
Official Statement relating the Bonds on or before the dates specified in the Bond Purchase :
Contract. The City Manager and the Director of Finance are hereby further authorized to certify
that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for
purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to
the Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is hereby
authorized to execute the final Official Statement on behalf of the City.
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney or
Bond Counsel), such approval to be conclusively evidenced by their execution and delivery
thereof.
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. (a) The City Manager and the Director of Finance are hereby
authorized ~o enter into an Escrow Deposit Agreement in the form customarily entered into by
the City in connection with advance refunding transactions providing for the redemption of the
Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent. to serve
under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby
author/zed to appoint a verification agent to verify the mathematical accuracy of cmnputations
relating to the Bonds and the Refunded Bonds.
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442113.4 026378RES
(b) The City Manager and the Director of Finance, or either of them, are
hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the
securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit
Fund created and established under the Escrow Deposit Agreement. Such securities so
purchased shall be held by the Escrow Agent under and in accordance with the provisions of the
Escrow Deposit Agreement.
(c) Subject to the sale and receipt of the proceeds of the Bonds, the City
Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for
redemption on such date or dates as they shall determine and are hereby further authorized to
direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date
or dates to be given in accordance with the provisions of the proceedings authorizing the
issuance of the Refunded Bonds.
SECTION 10. The Bonds, the certificate of authentication of the Registrar,
and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit
A attached hereto.
SECTION 11. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true Copy hereof, with the Circuit Court of the
City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia,
1950.
SECTION 12. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
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442113.4 026378 RES
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BOND
SERIES
EXHIBIT A
No. R-__ $
MATUILITY DATE: iNTEREST RATE: DATE OF BOND: CUSIP NO:
REGISTERED OWNER:
PRINCIPAL SUM:
iDOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for Value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period fi-om
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company
("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months.
The principal of and premium, if any, on this Bond are payable on presentation
and surrender hereof at the office of ., as the Registrar
and Paying Agent, in the City of ., . Principal of and premium, if any,
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4421 I3.4 026378 RES
and interest on this Bond are payable in any coin or Currency of the United States of America
which, on the respective dates of payment thereof, shall be legal tender for public and private
debts.
This Bond is one of a series of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, and is issued for the purpose of providing funds to
refund in advance of their stated maturities certain general obligation public improvemint bonds
heretofore issued by the City to pay the costs of public improvement projects of and for the City.
This Bond is issued under and pursuant to and in full compliance with the Constitution and
statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of
Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other
proceedings of the Council of the City duly adopted and taken under the Public Finance Act of
1991.
The Bonds of the series of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after are subject to redemption at
the option of the City prior to their stated maturities, on or after in
whole or in part from time to time on any date, in such order as may be determined by the City
(except that if at any time less than all of the Bonds of a given maturity are called for
redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to
be redeemed shall be selected by lot), upon payment of the following redemption prices
(expressed as a percentage of the principal amount of the Bonds to be redeemed), together with
the interest accrued .thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal Amount)
__, __ to , __
_, __ to , __
_, and thereafter
[The Bonds of the series of which this Bond is one maturing on , __
are subject to mandatory sinking fund redemption on , __ and on each
__ thereafter and to payment at maturity on , __ in the principal mounts in each
year set forth below, in the case of redemption with the particular Bonds or Bonds or portions
thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds
to be redeemed, together with the interest accrued on the principal amount to be redeemed to the
date fixed for the redemption thereof:
Year
Principal Amount
The City, at its option, may credit against such mandatory sinking fund
redemption requirement the principal amount of any Bonds maturing on __, __
A-2
442113.4 0263781LES
~hich have been purchased and cancelled by the City or which have been redeemed and not
theretofore applied as a credit against such mandatory sinking fund redemption requirement.]
If this Bond is redeemable and this Bond (or any portion of the principal mount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption, and if less than the entire
principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange
for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage
prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept
by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date
fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal
amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal
amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the
accrued interest and premium, if any, payable upon such redemption shall have been duly made
or provided for, interest hereon shall cease to accrue from and after the date so specified for the
redemption hereof.
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same series, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to. the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount, series, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and premium, if any, and interest on this Bond as the same become
due. In each year while this Bond is outstanding and unpaid, the Council of the City is
authorized and required to levy and collect annually, at the same time and in the same mariner as
other taxes of the City are assessed, levied and collected, a tax upon all property within the City,
over and above all other taxes, authorized or limited by law and without limitation as to rate or
amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
A-3
442113.4 I)26378 RES
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate
seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City
Clerk of the City; and this Bond to be dated as of the day of ,200_.
CITY OF ROANOKE, VIRGINIA
[SF.A ]
Attest:
Mayor
City Treasurer
City Clerk
proceedings.
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-mentioned
],
By:
as Registrar
Authorized Signator
Date of Authentication:
A-4
442113.4 026378 RES
ASSIGNMENT
FOR VALUE RECEWED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all fights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer such Bond.
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member finn of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
ATrue C~]¢st~: -,~
--- ~y C~erk
A-5
442113.4 026378 RES
JESSE A. HALL
Director of Finance
email: jesse_hnll~ci.roauoke.va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_sha,,wer~ci.roanoke.va.us
January 20,2004
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:
Subject: Authorization to Refund Bonds
Backqround:
The City issued $23 million of Series 1996A and $8.3 million of Series 1996B
bonds dated January 1, 1996. The bonds were issued to fund various projects
including education, infrastructure, buildings, parks and economic development.
Maturities on and after February 1, 2007 totaling $23.6 million are callable.
Interest rates on the callable maturities of these bonds range from 4.9% to 5.0%.
The City issued $13.01 million of Series 1997A bonds dated December 15, 1997.
The bonds were issued to fund various projects including education,
infrastructure, buildings, parks and economic development. Maturities on and
after August 1, 2007 totaling $7.15 million are callable. The interest rate on each
of these maturities is 5.0%.
The City issued $26,020,000 of Series 1999A and $10,100,000 of Series 1999B
bonds dated October 15, 1999. The bonds were issued to fund various projects
including schools, buildings, storm drains, the Roanoke Higher Education Center,
the Johnson and Johnson project and other infrastructure projects. Maturities on
The Honorable Mayorand Members of Ci~ Council
January 20,2004
Page 2
and after October 1, 2010 totaling $19.19 million are callable. Interest rates on
the callable maturities of these bonds range from 5.0% to 6.0%.
Considerations:
Based on recent municipal bond interest rates, the City could potentially realize
considerable savings by refunding a portion of the 1996, 1997 and/or 1999
bonds. Resulting savings would be contingent upon the combination of the
interest rate received on the refunding bonds and the interest rate obtained on
the Treasury certificates purchased to fund the escrow to be used to pay the
current outstanding bonds when those bonds become callable. Based upon
discussions with the City's financial advisor, BB&T Capital Markets, we believe
an appropriate level of savings to justify refunding the 1996 bonds would be a net
present value amount of $500,000, provided that savings of at least 3% of net
present value of the refunded bonds could also be achieved. An appropriate
level of savings to justify refunding the 1997A bonds would be a net present
value amount of $200,000, provided that savings of at least 3% of net present
value of the refunded bonds could also be achieved. An appropriate level of
savings to justify refunding the 1999 bonds would be a net present value amount
of $500,000, provided that savings of at least 4% of net present value of the
refunded bonds could also be achieved.
Since interest rates fluctuate daily, it is imperative to the success of a refunding
that the City act quickly once interest rates enable us to achieve an acceptable
level of savings. Thus, a negotiated sale, versus an open market competitive
sale, can be accomplished in a much shorter timeframe and is deemed more
practical in this situation. In order to conduct an evaluation of the most
advantageous underwriter or syndicate of underwriters to utilize in this situation,
the City has invited several firms to analyze these refunding opportunities using
the same date upon which to base market conditions. A team of personnel from
the City's Department of Finance and our financial advisor, BB&T Capital
Markets, will evaluate the responses to these analyses and make selections
accordingly.
Refunding bonds will be considered additional debt in the context of the City's
debt policy and from the rating agencies' perspective only to the extent that a
slightly higher level of principal would need to be issued than the amount of
bonds being refunded.
The Honorable Mayorand Members of City Council
January 20,2004
Page 3
Recommendation:
We recommend City Council adopt the accompanying resolution authorizing the
City Manager and the Director of Finance to issue up to $60 million in refunding
bonds to be sold by an underwriting firm or firms to be selected by the Director of
Finance. Refunding bonds shall be issued to refund the 1996 bonds if net
present value savings of $500,000 and a minimum of 3% of the net present value
of the 1996 refunded bonds can be achieved. Refunding bonds shall be issued
to refund the 1997A bonds if net present value savings of $200,000 and a
minimum of 3% of the net present value of the 1997A refunded bonds can be
achieved. Refunding bonds shall be issued to refund the 1999 bonds if net
present value savings of $500,000 and a minimum of 4% of the net present value
of the 1999 refunded bonds can be achieved.
I would be pleased to answer any questions you may have.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/ca
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Gary Ometer, BB& T Capital Markets
Donald Gurney, Hawkins, Delafield and Wood
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk~ci.roanoke.va.us
Januaw 22,2004
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
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 Ordinance No. 36606-012004 appropriating funds for equipment
from the Capital Maintenance and Equipment Replacement Program (CMERP), architect
fees for the Patrick Henry High School project and several grants, and amending and
reordaining certain sections of the 2003-2004 School, School Capital Projects and School
Food Service Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
~Sincerely'~
Mary F. Parke~, CMC
City Clerk
MFP:ew
Gloria P. Manns
Janua~ 22,2004
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. Stoval[, Acting Director, Office of Management and Budget
N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of January, 2004.
No. 36606-012004.
AN ORDINANCE to appropriate funding for equipment from the Capital
Maintenance and Equipment Replacement Program (CMERP), architect fees for the
Patrick Henry High School project and several grants, amending and reordaining certain
sections of the 2003-2004 School, School Capital Projects 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, School Capital Projects and School Food Service
Funds Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
School Fund
Appropriations
Replacement - Machinery & Equipment
Additional - Machinery & Equipment
Additional - Machinery & Equipment
Replacement - Data Processing Equipment
Additional - Machinery & Equipment
Additional - Other Capital Outlays
Additional - Furniture & Fixtures
Interest
Transfer to School Capital Projects Fund
Compensation of Supervisors
Social Security
Supplements
Maintenance Service Contracts
Conventions / Education
Other Professional Services
Conventions / Education
Dues & Association Memberships
Education & Recreational Supplies
Security Guard
Social Security
Compesation of Teachers
Social Security
Retirement - VRS
Health Insurance
Professiona~ Health Services
Mileage
030-065-6006-6009-0801 $ 7,716
030-065-6006-6106-0821 2,093
030-065-6006-6100-0821 14,710
030-065-6006-6302-0806 14,390
030-065-6006-6681-0821 630
030-065-6006-6682-0829 463
030-065-6006-6896-0822 12,268
030-065-6007-6998-0902 {500,000)
030-065-6007-6999-9531 500,000
030-062-6596-6174-0124 9,289
030-062-6596-6174-0201 711
030-062-6596-6174-0129 36~300
030-062-6614-6102-0332 3,000
030-062-6614-6102-0554 12,000
030-062-6859-6311-0313 2~685
030-062-6859-6311-0554 4,225
030-062-6859-6311-0581 500
030-062-6859-6311-0614 540
030-062-6859-6685-0195 279
030-062~6859-6685-0201 21
030-062-6860.6100-0121 28750
030-062-6860-6100-0201 2~199
030-062-6860-6100-0202 4.022
030-062-6860-6100-0204 1~254
030-062-6860-6100-0311 1~500
030-062-6860-6100-0551 2,000
Education & Recreational Supplies
Revenue
Federal Grant Receipts
Fees
Local Match
Fees
Federal Grant Receipts
Fund Balance
Reserved for CMERP - School
School Capital Proiects Fund
Appropriations
Appropriation From General Revenue
Revenue
Transfer From School Fund
School Food Service
Appropriations
Additional - Motor Vehicles & Equipment
Fund Balance
Unappropriated
030-062-6860-6100-0614 2,500
030-062-6596-1102 46,300
030-062-6614-1103 15,000
030-062-6859-1101 2,000
030-062-6859-1103 6,250
030-062-6860-1102 42,225
030-3324 (52,2~0)
031-065-6066-6896-9003
031-065-6066-6896-1127
032-065-6006-6788-0824
030-3325
500,000
500,000
34,539
(34,539)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
.~ Gloria P. Manns, Chairman Melinda J. Payne
Ruth C. Willson, Vice Chairman Robed J. Sparrow
William H. Lindsey Kathy G. Stockburger
/,-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 ,, Fax: 540-853-2951
David B. Trinkle, M.D.
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
.lanuary 20, 2004
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 meeting on
January 13, the Board respectfully requests City Council to approve
the following appropriations and transfers:
· $86,809.00 from the 2003-04 Capital Maintenance and
Equipment Replacement Fund to provide monies for
musical instrument replacement, health equipment,
instructional technology equipment, administrative
technology equipment, custodial equipment, grounds
improvements, and transportation facility fixtures.
· $500,000.00 for architect fees for the Patrick Henry High
School project.
· $46,300.00 for the Special Education Interpreter Training
program to provide funds for the development of training
curriculum for the hearing impaired program. This
continuing program will be reimbursed one hundred
percent by federal funds.
· $15,000.00 for the Chess Program. A private donation has
been received for this continuing program.
· $8,250.00 for the Western Virginia Regional Science Fair.
This continuing program will be funded with contributions
from participating school districts, corporate and individual
contributions, and a local match.
· $42,225.00 for the Patrick Henry Youth Court program.
The program will provide instruction in the legal process
and will allow for alternative disciplinary actions. This new
program will be reimbursed with federal funds.
Discovering the Wealth in All Children
Members of Council
Page 2
January 20, 2004
re
cc:
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr. Jim Wells (with
accounting details)
JESSE A. HALL
Director of Finance
email: jesse_hall(~ci.manoke.va.us
January 20, 2004
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver~ci.reanoke.va.us
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 Bevedy 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:
· $86,809 from the 2003-04 Capital Maintenance and Equipment Replacement
Program to provide monies for musical instrument replacement, health
equipment, instructional technology equipment, administrative technology
equipment, custodial equipment, grounds improvements, and transportation
facility fixtures.
· $500,000 for architect fees for the Patrick Henry High School project. Funding is
available from the reserve for future debt service which is available to cash-fund
projects until debt is issued on the Patrick Henry project. The majority of debt
issuance is planned for FY05. Debt will be issued in the form of general
obligation bonds, VSPA bonds and Literary Loans as most financially
advantageous to the City and School Board. The School Board and the City will
each be funding debt service on approximately $19 million relative to this project.
· $46,300 for the Special Education Interpreter Training program to provide funds
for the development of training curriculum for the hearing impaired program. This
continuing program will be reimbursed one hundred percent by federal funds.
· $15,000 for the Chess Program. A private donation has been received for this
continuing program.
· $8,250 for the Western Virginia Regional Science Fair. This continuing program
will be funded with contributions from participating school districts, corporate and
individual contributions, and a local match.
· $42,225 for the Patrick Henry Youth Court program. The program will provide
instruction in the legal process and will allow for alternative disciplinary actions.
This new program will be reimbursed with federal funds.
Honorable Mayor and Members
of City Council
January 20, 2004
We recommend that you concur with this report of the School Board and adopt the attached
budget ordinance to appropriate funding as outlined above.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/ctg
C:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
January 22, 2004
File #488
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of the By-Laws and Strategic Plan as submitted by the Roanoke
Neighborhood Advocates at a regular meeting of Council which was held on Tuesday,
January 20, 2004.
The two documents were referred to the City Manager for staff review and to the City
Attorney for preparation of the proper measure for consideration by Council at the next
regular meeting on Monday, February 2, 2004.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
January 22, 2004
Page 2
pc:
Carl D. Cooper, Chair-Elect, Roanoke Neighborhood Advocates
2001 Angus Road, N. W., Roanoke, Virginia 24017
William M. Hackworth, City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
Roanoke Neighborhood Advocates
ROANOKE
Members:
Carl Cooper
Chair-elect
Sandra Kelly
Vice Chair-elect
John Renick
Secretary-elect
Shirley Bethel
Bob Caudle
Jesse Dodson
John Griessmayer
Robin Murphy-Kelso
Su Nguyen
Richard Nichols
Joseph Schupp
Noel C. Taylor Municipal Bldg
215 Church Ave, Room 162
Roanoke, VA 24011
Phone: 540-853-5210
Fax: 540-853-6597
Email: neighborhoods~ci roanoke.va.us
December 31, 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 BeverlyT. Fitzpatrick, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Subject: Roanoke Neighborhood Advocates Resolution 36397-061603
Dear Mayor Smith and Members of Council:
The Roanoke Neighborhood Advocates (RNA was created by Resolu-
tion 36397-061603 on June 16, 2003, by Roanoke City Council and is charged
with fulfilling eight goals, defined as "duties and responsibilities." In Resolution
36397-061603, Council instructed the RNA to submit by December 30, 2003,
its By-Laws and Strategic Plan for Council approval.
Enclosed are two documents, The By-Laws and The Strategic Plan for
the RNA. I am pleased to present them to you on behalf of the committee.
Though the Strategic Plan and By-laws spell out our structure and the way we
would like to carry out our work, they are subject to change as our knowledge of
community issues grows_.
We have done considerable research and recognize that success for us
will lie in Roanoke as a whole being successful at remaining true to its commit-
ment to its neighborhoods. I believe the committee's dedication to this task will
only increase.
I'd like to share with you something I got from the "Center for
Neighborhoods 2001 Annual Report, "which represents the spirit of the RNA
committee. I quote:
"The following values and beliefs guide the Center's work:
Broad-based citizen participation and involvement
We believe it is important to increase the number of citizens participating in public
discussions and decision-making, and therefore important to create and support in-
clusive, respectful community-based environments that empower citizens to learn
and work together across boundaries of race, socioeconomic class, and neighbor-
hood.
Social justice and equity
We believe neighborhood-based organizing and development have the potential to
facilitate the networks, education, and changes required to create a more just and
equitable society, one in which every child in the city has the opportunity and
choices s/he needs.
Facilitative leadership and governance
We believe the best public decisions draw upon and strengthen community members'
capacities, values, and resources, and therefore that public officials and staff should play
a facilitative rather than directive role in public decision-making; and that key city ser-
vices and policies should be neighborhood-based.
Neighborhood scale
Working at a neighborhood scale holds a rich and powerful potential for effective, effi-
cient, and multi-disciplinary systems of economic and social support, public decision-
making, and accountability." (www.center4neighborhoods.org/2001 Annual Report.pdt)
I hope that each of you will join me in saying, '2 believe that too."
In closing, thank you all for giving us the opportunity to serve our fellow citizens here in the best
place in the world to live, work and play - The Star City of the South, the All-America City of Roanoke,
Virginia.
Most Respectfully,
Carl D. Cooper
Chair-Elect
Roanoke Neighborhood Advocates
Cc: City Manager Darlene Burcham, Assistant City Manager Rolanda Russell, Director of Hous-
ing and Neighborhood Services Mike Etienne, members of the RNA committee
ROANOKE NEIGHBORHOOD ADVOCATES
CITY OF ROANOKE
BY-LAWS AND RULES OF PROCEDURE
I. Purpose
II.
The following by-laws and rules of procedure are adopted by the Roanoke
Neighborhood Advocates to facilitate the performance of its duties and the
exercise of its powers as set forth in Roanoke City Council Resolution 36'397-
061603 adopted June 16, 2003.
Members, Officers and Duties
General. The RNA shall consist of seven members appointed by City
Council, for rotating 3-year terms. The seven Council appointed members
shall elect 6 additional members for a total of 13 members. The six
members selected by the seven Council appointees shall serve rotating 3-
year terms.
Chair. The RNA shall elect a Chair by majority vote from among its
members. The term of the Chair shall be for one year beginning as of the
first meeting in January of each year, or until a successor is elected, and
the Chair shall be eligible for reelection. The Chair shall preside at
meetings of the RNA, decide all matters of order and procedure, subject
to the rules and by-laws of the RNA, unless directed otherwise by a
majority of the RNA in session at the time, and in the case of applications
brought before the full RNA, the Chair shall execute all rulings issued on
behalf of the full RNA.
Vice-Chair. A Vice-Chair shall be elected by the RNA from among its
members in the same manner as the Chair. The Vice-Chair shall act for
the Chair in the Chair's absence. In the event the Chair is not available to
execute any rulings issued on behalf of the full RNA pertaining to matters
decided by the RNA and presided over by the Chair, the Vice-Chair may
execute the same if the Vice-Chair was present at the RNA's meeting at
which such matters were decided.
Secretary. A Secretary shall be elected by the RNA from among its
members in the same manner as the Chair. The term of the Secretary
shall be for one year beginning as of the first day of January or until a
successor is elected, and the Secretary may be re-elected.
The Secretary, subject to the direction of the Chair and the RNA, shall
keep all records, serve notice to all members of all meetings, prepare an
agenda for such meetings, conduct all correspondence of the RNA, and
generally supervise the clerical work of the RNA. The Secretary shall keep
the minutes of each meeting of the RNA and file them with the City Clerk.
These minutes shall show the record of all important facts pertaining to
every meeting and hearing, every resolution acted upon by the RNA, and
the total vote for or against any resolution or other matter, indicating the
names of members absent or failing to vote. The Secretary shall record all
rulings issued by the RNA. The Secretary shall notify the City Clerk
promptly if any vacancy occurs in the membership of the RNA
II. Meetings
Regular Meetin.qs. Unless otherwise notified, regular meetings of the RNA
shall be held on the third Monday of each month at 4:30 p.m. in the official
meeting room designated by the RNA, provided that upon a decision of the
RNA, an adjourned meeting may be held at any other place in the City. The
annual meeting for the election of officers of the RNA shall be held at the
regular meeting in the month of December each year.
Attendance. Members absent from three (3) meetings within a twelve (12)
month period shall be subject to removal from the RNA.
Special Meetings. Special meetings of the RNA may be called at any time by
the Chairman by notice given personally to each member or left at his place
of residence not less than twenty-four (24) hours prior to the time fixed for the
meeting. If all members of the RNA are present at the special meeting, then
the requirements as to prior notice shall be deemed to be waived.
Quorum and Vote. Seven members of the RNA shall constitute a quorum,
and no action of the RNA shall be valid unless authorized by a majority of
those present and eligible to vote. A tie vote is to be construed as a denial of
the requested action.
Conduct of Meetinqs. All meetings shall be open to the public; provided,
however, that closed meetings may be held in compliance with the Virginia
Freedom of Information Act. The order of business at regular meetings shall
be as follows:
a. Roll Call;
2
IV.
b. Reading and Approval Of Minutes;
c. Reports Of Officers, RNAs, and Standing Committees
d. Reports Of Special (Select or Ad Hoc) Committees
e. Special Orders;
f. Unfinished business and General orders
g. New Business;
h. Open Forum
i. Announcements
j. Program
k. Adjournment
Procedure for Submitting Advocacy Requests to RNA
Applications. All advocacy requests must be submitted to the Secretary at
least fifteen (15) calendar days prior to the next meeting of the RNA, in
order to allow the RNA adequate time to study the application.
Content of Applications. Applications for advocacy must be on forms
provided by the Secretary. Applications must be in sufficient detail to
inform the RNA of the nature of such request and must be accompanied
by specifications and descriptions, etc., of the proposed advocacy.
Notice to Citizens. At least one week prior to the meeting at which the
matter will be heard, the Secretary will notify citizens through established
communication channels as defined in the Roanoke Neighborhood
Advocates Public Information Procedure.
Consideration of Applications
Order of Business. The applicant may appear in person or by the
applicant's representative at a meeting to present the application. ']'he
applicant, or the applicant's representative, is expected to appear at the
meeting at which the application is presented. The order of business for
consideration of applications for advocacy shall be as follows:
']'he Chair, or such person as the Chair shall direct, shall give a
preliminary statement concerning the application;
The applicant shall present the arguments in support of his or her
application;
Statements or arguments submitted by any official, commission, or
department of the City, any state agency, or any local historical,
3
preservation or neighborhood association shall be presented as
directed by the Chairman;
4. Comments by other interested persons shall then be presented.
The RNA shall thereafter proceed to deliberate whether to accept
the application or to deny it. In order to expedite a decision on all
matters presented to the RNA, it shall be the practice of the RNA
when meeting in regular or special meetings to consider that all
items on the agenda are automatically moved by the entire
membership. The Chair may call for a vote on the items as filed
with the Secretary, or as amended at the regular or special
meeting, at the conclusion of discussion without calling for a formal
motion by any member present. Any member may, upon the Chair
calling for a vote on an item, move that the item be amended.
The RNA shall vote and announce its decision to consider or not
consider the application not later than fifteen (15) calendar days
after the conclusion of the hearing on an application unless the
time is extended with the written consent of the applicant.
Procedures may be modified by the Chair with the concurrence of a
majority of the RNA.
Findin.qs. All decisions of the RNA shall be supported by appropriate findings
of fact, and, where necessary to effectuate the purposes of the resolution,
shall be accompanied by such conditions and/or recommendations as it may
determine to be reasonable under the circumstances. In considering
applications, witnesses may be called and factual evidence may be
submitted, but the RNA shall not be limited to consideration of such evidence
as would be admissible in a court of law.
Research Staff Report. Immediately upon approval by the RNA of any
application for advocacy, a memo shall be sent to the Director of Housing and
Neighborhood Services requesting a staff report regarding the advocacy
issue.
VI. ,RNA Advocacy Decision
A. Deliberation. After review and findings, the RNA shall thereafter deliberate
and render a decision to either advocate or not advocate on behalf of the
applicant.
B. Disapproval and Rehearing. In case of disapproval of an application for
advocacy, the RNA shall briefly state its reasons in writing, and it may
4
make recommendations to the applicant with respect to the
appropriateness of the advocacy involved. In case of disapproval
accompanied by recommendations, the applicant may again be heard
before the RNA, if within ninety (90) days, the applicant files an amended
application that addresses the recommendations of the RNA. Otherwise
having once considered an application, the RNA shall not hear
substantially the same application for one year.
VII. Advocacy Protocol
A. AFl RNA decisions to advocate shall be subject to the RNA's Advocacy
ProtocoL
B. All decisions to advocate shall become the official policy of the RNA a'nd may
not be changed except by a three-fourths affirmative vote of the entire RNA
membership.
VII.
Parliamentary Authority
The rules contained in the latest revised edition of Robert's Rules of Order shall
govern the RNA in all cases in which they are applicable and in which they are
not inconsistent with the by-laws and rules of procedure of the RNA.
VIII. Amendments
These rules may, within the limits allowed by law, be amended at any time by an
affirmative vote of not fewer than nine (9) members of the RNA.
Chair
Strategic Business Plan for Roanoke Neighborhood Advocates
Executive Summary
Roanoke City Council established the Roanoke Neighborhood Advocates Committee
(RNA) in August 2003 to, among other things, encourage the growth in number and
capacities of diverse neighborhood organizations. The committee replaced the former
Roanoke Neighborhood Partnership Steering Committee, which was abolished as part ora
restructuring of city departments related to housing and neighborhood services.
Council appointed seven members to the RNA Committee and gave them the task of
selecting six additional members for a total Committee membership of 13. The RNA is
charged with fulfilling eight goals, defined as "duties and responsibilities" in Resolution
36397-061603 passed June 16, 2003, by Roanoke City Council.
The committee has laid out the following preliminary plan to accomplish these goals
and expects to modify the plan as more information becomes available to the committee
through its outreach to neighborhoods and neighborhood groups.
The first step for the committee was to complete its membership with citizens willing
to meet the demands of research and outreach required to create a strong RNA. The
committee has tried to assure it has an active committee by including expectations for
attendance at meetings in the bylaws. The committee expects to select its final three members
at the January meeting when its new officers begin their terms.
The RNA goals divide into four categories: preparation of documents, transfer of
information from neighborhoods to the city or city-associated groups, transfer of information
from government to neighborhood groups and outreach and interaction with neighborhood
organizations.
To meet those goals and to create an advocates group that can be a model for other
communities, the RNA has outlined the following base for an overall strategic plan:
· Create, develop, implement and maintain a strategic business plan that directs the
activities of the organization toward effective advocacy on behalf of the neighborhoods
of Roanoke
· Establish committees to oversee preparation of an annual State of the Neighborhoods
report due to council in May, administration of the Neighborhood Grant Program, and
facilitation of meetings related to revitalization programs, such as those underway in
Gainesboro and Gilmer-NNEO neighborhoods
· Develop a plan-of-action that raises the profile of RNA by assigning members to attend
meetings of specific neighborhood groups, by having members rotate as writers of a
regular column in a Housing & Neighborhood Services newsletter, and by creating
RNA letterhead and an RNA web presence complete with contact information for
members
· Structure a training program for RNA members whereby two members (one voting and
one as observer) are assigned to any RNA representation request, such as membership
on the Community Development Committee.
· Develop and encourage training for neighborhoods in how to organize and maintain
groups, how to write grants, and even how to create a newsletter; this training is to
draw heavily on the resources that already exist in established Roanoke neighborhood
groups, and open avenues for the introduction of additional regional, state and national
expertise.
· Identify groups whose concerns overlap those of RNA, such as health, library, parks
and recreation, and work with those groups to get RNA members and all neighborhood
groups as much information as possible about the community.
The RNA's strategic plan constitutes a blueprint for building on the goals set forth in
Roanoke's Vision 20/20 and the city's various neighborhood plans with the aim of creating
World Class neighborhoods. World Class neighborhoods are diverse neighborhoods where
citizens of all ages are safe, have access to quality education and affordable housing, and
where residents have knowledge about issues and the wherewithal to make their voices heard
by government. The plan that follows is the initial planning effort toward the strategic goals
established for RNA.
Mission
The mission of the Roanoke Neighborhood Advocates is to advocate for the wishes,
wants, needs and desires of Roanoke's neighborhoods and neighborhood organizations and
ensure that the best interests of all Roanoke neighborhoods are effectively presented.
Goals:
The RNA is charged with fulfilling eight goals, defined as "duties and responsibilities"
in Resolution 36397-061603 passed June 16, 2003, by Roanoke City Council. The goals
divide into four categories:
· preparation of documents,
· transfer of information from neighborhoods to the city or city-associated groups,
· transfer of information from government to neighborhood groups
· outreach and interaction with neighborhood organizations.
Strategies for accomplishing goals:
Some of the goals set for this committee are bound by deadlines, which required
decisions before the goals could be fully studied or even before a full committee could be
assembled. Because of this, these initial steps to fulfill a goal are to be considered interim
steps that further the goal, but do not represent the fullest methods for achieving the goal. The
committee is committed to constantly revisit and update its strategic plan.
Measurements for Goals:
The RNA committee has made a commitment to establish measurements for actions
taken to meet goals and even set a measurement for member participation by creating a by-
law that says any member who misses more than three meetings in a 12-month period is
subject to removal.
Breakdown of Goals and Actions by Subcategory:
Category 1: Document preparation and/or review
Goal 1: Establish an overall plan of operation
Create, develop, implement and maintain a strategic business plan that directs the
activities of the organization toward effective advocacy on behalf of the neighborhoods of
Roanoke
Strategy: Write an initial strategic plan that sets up a structure that can be expanded as
information is collected on neighborhood needs, issues.
Action: This document, which shall be called a working document because plans must
be adjusted and must evolve, addresses this goal. It was prepared for submission to Roanoke
City Council before the end of 2003.
Goal 2: Oversee preparation of an annual State of the Neighborhoods report to
council and have the report meet requirements of Action NH A I O and A l l of Vision 2001-
2020 Due in May. (Al0 requires: Develop indicators for neighborhood health and
sustainability. A11 requires: Involve neighborhood organizations, civic groups, and
businesses in the development and implementation of neighborhood plans.)
Strategy: Become familiar with neighborhood plans by reading the plans and by
attending public forums for the plans. Where plans have not been officially adopted and made
part of the Comprehensive Plan, interact with the planning process and ensure that adequate
resources are available and directed toward the democratic acquisition of legitimate
neighborhood will regarding issues of self-determination.
Action: Each RNA member will attend the public forums for the plans for the
neighborhoods for which the RNA member serves as liaison. Where no public forums are
planned, the RNA member will read already existing plans developed by the city or discuss
neighborhood issues with neighborhood leaders and city staff assigned to review those
neighborhoods.
Strategy: Identify indicators, based on nationally recognized criteria, which measure
the overall health and vitality of each Roanoke neighborhood and, by extension, the overall
health and vitality of Roanoke City.
Action: In collaboration with City administration and additional public and private
local, regional, state and national resources, develop and/or adopt healthy community indices,
and establish and implement methodologies to collect data sufficient to support annual State
of the Neighborhoods Report conclusions.
Goal 3: Oversee the administration of the Neighborhood Grant Program, such funds
granted under the Neighborhood Grant Program to meet criteria established by the RNA.
First round due in January 2004.
Action: RNA committee voted the following guidelines for considering grants:
1. Grants are to be considered against the city's Vision 2020 plan
2. Grants are to be considered that include criteria that will advance
Roanoke's status as an All America City
3. Grants must include performance measurements.
4. Grants are open to all organizations whose primary focus is on
neighborhoods or whose project significantly impacts the overall
improvement of a neighborhood.
Action: RNA members, including Vice Chair-elect Sandra Kelly, Secretary-elect John
Renick, and members Shirley Bethel and Bob Caudle, took part in a grants training program
for neighborhood leaders in December 2003. The training was open to all organizations and
advertised so as to attract new organizations interested in funding opportunities to assist in
their neighborhood improvement efforts.
Action: Established Grants subcommittee chaired by John Griessmayer. This
committee will have 5 members. Neighborhood and Housing Services and the Office of
Management and Budget will staff the committee.
Category 2: Outreach to neighborhoods and interaction with groups
Goal 1: Assist and work with the Department of Housing and Neighborhood Services
in recruitment of volunteers, outreach and support to neighborhoods and neighborhood
organizations by serving as a liaison to neighborhood groups by regularly attending
neighborhood meetings, being involved in community projects, trainings, or other activities
and providing written feedback and recommendations about needs, events, and activities in
neighborhoods.
Strategy: Have each RNA member be assigned as liaison to RNA for specific
neighborhood groups.
Action: The RNA member is to contact his or her organizations by Oct. 13, 2003, and
establish a time to visit with the groups to explain the Roanoke Neighborhood Advocates
group and its mission. Goal ongoing.
Action: RNA members presented a draft of the survey to The President's Council for
input before distributing to various neighborhood groups. Done: Sept. 29, 2003
Action: RNA will prepare a survey that seeks to identify goals and issues in the
neighborhoods. This will be distributed through neighborhood groups and other public
channels. The data from the survey will be used as an aid to developing the RNA strategic
plan and to development of RNA programs Done Sept. 14, 2003
Action: Begin distribution of survey to neighborhood groups Oct. 27, 2003, through
RNA members' visits to public forums or neighborhood meetings.
Category 3: Transfer of information from neighborhoods to governmental groups:
Goal 1: Advise council and city administration concerning existing and proposed
public policies affecting the vitality of neighborhoods and neighborhood organizations
Strategy: Research ongoing and proposed Council and Administration policy
initiatives affecting the health and vitality of Roanoke's neighborhoods and neighborhood
organizations. Utilizing healthy community indices, and with significant public input,
prioritize results according to overall net effect on neighborhoods and neighborhood
organizations and submit recommendations to Council and Administration.
Strategy: Create and maintain formal advocacy procedure that allows all citizens
equitable access to RNA advocacy process. Advocacy process will ensure that any citizen
may bring any issue before the RNA. Agreement by the RNA that an issue is of significant
importance to the health and vitality of all Roanoke neighborhoods will mandate that RNA
begin formal advocacy actions relative to the issue brought before it.
Goal 2: Advise the Department of Housing and Neighborhood Services concerning
neighborhoods and neighborhood organizations
Strategy: Ensure broader neighborhood participation that is more culturally inclusive.
Strategy: Facilitate institutional partnerships to focus on community goals
Strategy: Reinvigorate the importance of community building and the creation of
social capital
Category 4: Transfer of information to neighborhoods
Goal 1: Inform neighborhood-based organizations and the public of existing and
proposed public policies and courses of action that support neighborhoods and neighborhood
organizations
Strategy: Research ongoing and proposed Council and Administration policy
initiatives affecting the health and vitality of Roanoke's neighborhoods and neighborhood
organizations. Utilizing healthy community indices, and with significant public input,
prioritize results according to overall net effect on neighborhoods and neighborhood
organizations and submit recommendations to neighborhoods and neighborhood
organizations.
Strategy: Utilize high and low tech information publishing methods to disseminate
information to neighborhood-based organizations and the public
Action: Create an RNA presence on the Roanoke Neighborhood Services website.
Action: Have an RNA member write a regular column in the new Housing &
Neighborhoods' newsletter
Goal 2: Advise neighborhood-based organizations in building their organizational,
administrative and advocacy capacities
Strategy: Improve the organizational structure and leadership development of
neighborhood-based organizations
Action: Determine the five best-practices organizational structure and leadership
development models for neighborhood-based organizations.
Action: Develop and offer certified organizational structure and leadership
development training and education program to all neighborhood-based organizations.
The preceding represents the RNA Committee's discussions and efforts through the
end of December 2003. Regular updates of this plan will be submitted to Council quarterly or
as otherwise requested. The Committee hopes to update Council in person in early 2004.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Januaw 22,2004
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36607-012004 rezoning tracts of land located at the
intersection of Shenandoah Avenue and Peters Creek Road, N. W., Official Tax Nos.
6030116 and 6030106, from RM-2, Residential Multi-Family, Medium Density District, to
C-2, General Commercial District, as set forth in the Petition filed in the Office of the City
Clerk on November 4, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Maryellen F. GoodlaEe
January 22,2004
Page 2
pc~
Great Atlantic Management, LLC, Laurel Ridge Associates LLC, 293 Independence
Boulevard, Suite 400, Virginia Beach, Virginia 23462-5461
Ban-Ban Associates, P. O. Box 1538, Salem, Virginia 24153
Ernest J. Walker and Linda H. Walker, 4302 Shenandoah Avenue, N. W., Roanoke,
Virginia 24017
Commonwealth of Virginia, 4302 Shenandoah Avenue, N. W., Roanoke, Virginia
24017
Curtis R. Allen, 473 Frances Drive, N. W., Roanoke, Virginia 24017
Elscena G. Shepherd, 480 Cherry Hill Road, N. W., Roanoke, Virginia 24017
Irvin C. Miller, Sr., 479 Cherry Hill Road, N. W., Roanoke, Virginia 24017
Food Lion LLC, P. O. Box 1330, Salisbury, North Carolina 28145
Robert B. Manetta, Chair, City Planning Commission
2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 2004.
No. 36607-012004.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 603, 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.
WHEREAS, Creekside Center, L.L.C. has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family,
Medium Density District, to C-2, General Commercial District;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public heating was held by City Council on such application at its meeting on
January 20, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the hereinafter described property should be
rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 603
of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner
O-Rez ~CreeksideLLC
and no other:
Those two tracts of land located at the intersection of Shenandoah Avenue and Peters Creek
Road, N.W., and designated on Sheet No. 603 of the Sectional 1976 Zone Map, City ol'iRoanoke, as
Official Tax Nos. 6030116 and 6030106, be, and are hereby rezoned from RM-2, Residenti'al Multi-
Family, Medium Density District, to C-2, General Commercial District, as set forth in the Petition
filed in the Office of the City Clerk on November 4, 2003, and that Sheet No. 603 of the 1976 Zone
Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: pla n ning~}cLroanoke.va.us
Januaw 20,2003
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 Creekside Center, LLC, represented by
Maryellen F. Goodlatte, attorney, that two tracts of land
located at the intersection of Shenandoah Avenue and
Peters Creek Road, N.W., identified as official Tax Map
Numbers 6030116 and 6030106, be rezoned from RM-2,
Residential Multi-Family, Medium Density District, to C-2,
General Commercial District.
Planning Commission Action:
Public hearing was held on December 18, 2003. By a vote of 6-0 (Mr. Butler
absent), the Commission recommended the proposed rezoning to City Council.
Background:
The two subject parcels are surplus properties owned by the Virginia Department
of Transportation. The petitioner is the contract purchaser of the two vacant
properties, which total 0.136 acres.
Considerations:
The subject properties are located at the intersection of Shenandoah Avenue and
Peters Creek Road, N.W., and are currently zoned RM~2, Residential Multi-
Family, Medium Density. Surrounding zoning and land uses are as follows:
· The adjoining properties to the east and north are two large tracts
containing approximately eleven (11 ) acres and zoned C-2, General
Commercial, with conditions related to the development and use of the
property. They are owned by Food Lion and currently containing a Food
Lion store.
Properties across Shenandoah Avenue to the south and southwest are
zoned RS-3 and are developed for single-family residences.
The properties to the west on the opposite side of Peters Creek Road and
to the north of Shenandoah include two parcels zoned RM-2, Residential
Multi-family, Medium Density. One is a 1.2-acre vacant parcel and the
other is a 12-acre tract that contains an 18-building, multi-family
development.
The two commercial tracts adjoining the subject parcels were rezoned in 1998 to
C-2, with conditions, to permit the construction of a Food Lion grocery store with
two outparcels. The petitioner plans to purchase the two outparcels and to
develop them for retail purposes. The conditions on the C-2 outparcels include
limitations on use of the property, specifically prohibiting outdoor advertising,
automobile repair, establishments primarily engaged in the sale or rental of
automobiles, trucks and construction equipment, and automobile painting and
body shops. The petitioner's request to rezone the adjoining surplus properties
of VDOT would permit development of the two outparcels without the side yard
depth and landscaped buffer that would otherwise be required on the C-2
properties because of their being contiguous with residentially-zoned parcels.
The two surplus properties owned by VDOT, as a result of Peters Creek
Extension, are no longer viable residential properties. The granting of the
rezoning request would provide for more flexibility in the development of the two
outparcels on the Food Lion tract.
The request to rezone the two subject parcels is consistent with the policies of
Vision 2001-2020 to encourage commercial development in appropriate areas
(i.e., key intersections and centers) of Roanoke and to maximize utilization of
commercial sites.
No one has contacted the planning staff in opposition to this petition.
Recommendation:
By a vote of 6-0, the Commission recommends the proposed rezoning, given the
size and surplus status of the two subject properties and the adjoining C-2 tracts
and their potential commercial development.
2
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
attachments
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
Maryellen F. Goodlatte, Attorney for the Petitioner
0
CO
0
0
0
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning of two tracts of land located at the intersection of Shenandoah Avenue
and Peters Creek Road, N.W., identified as official Tax Map Numbers 6030116 and
6030106, from RM-2, Residential Multi-Family, Medium Density District, to C-2,
General Commercial District.
PETITION FOR REZONING
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
The Petitioner, Creekside Center, LLC, a Virginia limited liability company,
("Creekside Center") has the contract fight to purchase the following property in the City
of Roanoke, Virginia:
Tax Map No. 6030106, 0.0891 acres, Shenandoah Avenue, N.W.
Tax Map No. 6030116, 0.0469 acres, Shenandoah Avenue, N.W.
Said tracts are currently zoned RM-2, Residential Multi-Family, Medium Density
District. A map of the property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District, to facilitate
the development of two outparcels being purchased by Petitioner on adjoining
commercial property (a portion of tax map parcels 6030108 and 6030107 now owned by
Food Lion, LLC). The concept plan dated October 30, 2003, is attached hereto as Exhibit
B ("Concept Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan.
These are surplus lots which are vacant and will remain vacant. However, rezoning them
from RM-2 to C-2 will permit the adjoining retail development planned by Petitioner to
occur without artificial requirements triggered by proximity to these two now
residentially zoned small tracts.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of
all lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tracts be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this ~/7~day of M/$t,a-rr.~a~, 2003.
Creekside Center, LLC
BY: o)9~Co~sel~'~
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
2
PHILIP A. SHUCET
COMMISSIONER
COMMONWEALTH o[ VIRGINIA
DEPARTMENT OF TRANSPORTATION
PO BOX 3071
SALEM, VA 24153-0560
FRED ALTIZER, JR.
DISTRICT ADMINISTRATOR
October 27, 2003
Ms. Martha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor Room 162
215 Church Avenue, S.W.
Roanoke, Virginia 24011
SUBJECT:
Rezoning of Surplus Parcels
Location Intersection
Shenandoah Avenue and Peters Creek Road N.W.
Tax Map Numbers 6030116 and 6030106
Dear Ms. Franklin:
The Commonwealth of Virginia, owner of the property subject to this petition,
hereby consents to this rezoning petition.
District Right of Way & Utilities Manager
/Ihs
VirginiaDOT. org
WE KEEP VIRGINIA MOVING
4*0
TAX ,//6O5O116
PROPERTY OF
COMMONI, FEAL TH OF VIRGINIA
D.B. 1722, PG. 244
2,079 S.F., 0.048 ACRE
ZONED RM-2
E, 14.66'
PROPERTY OF
FOOD LION, INC.
INSTR. // 000009419
PROPOSED PARCEL B
1.466 AC. - ZONED C-2
\ TAX ~6050106
PROPERTY OF'
TH OF VIRGINIA
D.B. 1719, PG. 956
4,040 S.F., 0.095 ACRE
ZONED RM-2
EXISITNG JOINT USE UtiLITY EASEMENI'
SEE ~O.O.E PLANS FOR PR(~J£CT
#0117-128-F01, RW-20h SHE~ET 10.
S 89'54'__.07' I
~OYEI?NEAD U~ILll¥
SHENANDOAH V NU , N.
(R/W VAR/ES)
NOTES:
h THIS PLAT WAS PREPARED WilT'lOUT 71-1E BENEFIT OF A CURRENT 77TLE REPORT AND 714ERE MAY EXIST
ENCUMBRANCES NOT SHOFIN HEREON FIHICH MAY AFFECT THIS PROPERTY.
2. THIS PLAT IS BASED ON A CURRENT SURVEY.
$. 7HIS PROPERTY DOES NOT LIE [ffTH ]lie UMITS OF A lO0 YEAR FLO00 BOUNDARY AS DESIGNATED BY
FF--MA.
4, CURRENT OH'NER: COMMONitEALTH OF VIRGINIA - D.B. 1772, PG. 244 AND D.B. 1719, PG. 956.
PLAT SHOWING
REZONING EXHIBIT OF
TAX ,,~ 6030116 & r~ 6030106
PROPERTY OF
COMMONWEALTH OF VIRGINIA
O. 04B ACRE (D.B. 1722, PC. 244) AND
O. 09J ACRE (D,B. 1719, PG. 9J6)
CURRENTLY ZONED RM-2
BEING REZONED TO C-2
SITUATED AT THE INTERSECTION OF
PETERS CREEK ROAD, N.W, AND SHENANDOAH AVENUE, N.W.
ROANOKE CITY, VIRGINIA
DATEi
30 OCTOBER 2003
SCALE~
1"= 30'
OOMM. NO.~
03-143
LUMSDEN ASSOCIATES, P.C.
ENGiNEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
4664 8RAMBLETON AVENUE
P.O. BOX 20669
PHONE: (540) 774-4411
FAX: (540
ADJOINING PROPERTY OWNERS
FOR
Tax Parcel Number 6030106, containing 0.0891 Acre, Zoned RM-2, and
Tax Parcel Number 6030116, containing 0.0469 Acre, Zoned RM-2
COMMONWEALTH OF VIRGINIA
Tax Map Number
6030101
6030105
6010505
6010506
6010213
6010201
6010101
6030107
Owner/Owners and Mailing Address
Laurel Ridge Associates LLC
2 Eaton Street, Suite 1100
Hampton, Virginia 23669
Ban-Bar Associates
P. O. Box 1538
Salem, Virginia 24153
Ernest J. Walker and
Linda H. Walker
4302 Shenandoah Avenue, N.W.
Roanoke, Virginia 24017
Commonwealth of Virginia
4302 Shenandoah Avenue, N.W.
Roanoke, Virginia 24017
Curtis R. Allen
473 Frances Drive, N.W.
Roanoke, Virginia 24017
Elscena G. Shepherd
480 Cherry Hill Road, N.W.
Roanoke, Virginia 24017
Irvin C. Miller, Sr.
479 Cherry Hill Road, N.W.
Roanoke, Virginia 24017
Food Lion LLC
P. O. Box 1330
Salisbury, North Carolina 28145
6030108
Food Lion LLC
P. O. Box 1330
Salisbury, North Carolina 28145
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
.................................................. + ...........................
GLENN, FELDMANN, DAR
PO BOX 2887
ATTN: NARYELLEN GOOD
ROANOKE VA 24001
REFERENCE: 80025065
02280118 Rezo. Creekside
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~.i.nia. Sworn and subscribed before me this
_~_~_ __day of January 2004. Witness my hand and
official seal.
PUBLISHED C,i{~ 91/02 01/09
TOTAL COST: 231.36
FILED ON: 01/09/04
Signature :_ _ ,
Billing ,Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
January ~0, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District, the following
property:
Those two tracts of land located at the intersection of Shenandoah Avenue and
Peters Creek Road, N.W, bearing Official Tax Nos. 6030116 and 6030106.
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 Thursday, January 15, 2004.
GIVEN under my hand this 22nd day of December , 2004.
Mary F. Parker, City Clerk.
N-Rezo-Creekside011904
Notice to Publisher:
Publish in the Roanok.__~__g_e Times once on Friday, January 2, 2004, and Friday, January 9, 2004.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
December 31,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Creekside Center, LLC., that two tracts of land
located at the intersection of Shenandoah Avenue and Peters Creek Road, N. W.,
identified as Official Tax Nos. 6030116 and 6030106, be rezoned from nM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of the public hearing. Please review the documents and if you have questions,
you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions
with regard to the City Planning Commission report should be directed to the Department
of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 20
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sin~ ~.~r
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
N:\CKEWI\PUBLIC HEARINGS 2004\JANUARY 04\JANUARY 20 A3q'ORNEY AND ADJOINING PROPETY OWNERS LE'CrERS.DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lcrk~¢i.roanok¢.va.us
December 31, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Laurel Ridge Associates, L.L.C.
Mr. and Mrs. Ernest Walker
Ms. Elscena G. Shepherd
Mr. Joe Yates
Ban Bar Associates
Commonwealth of Virginia
Food Lion, L.L.C.
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Creekside Center, L.L.C., that two tracts of land
located at the intersection of Shenandoah Avenue and Peters Creek Road, N. W.,
identified as Official Tax Nos. 6030116 and 6030106, be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District.
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853,2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
N:\CKEWI\PUBLIC HEARINGS 2004~JANUARY 04~JANUARY 20 ATTORNEY AND ADJOINING PROPETY OWNERS LETTERS.DOC
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, December 18, 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 Creekside Center, LLC, represented by Maryellen F. Goodlatte,
that property located at the intersection of Shenandoah Avenue, N.W., and
Peters Creek Road, N.W., identified as Official Tax Nos. 6030106 and 6030116,
be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2,
General Commercial District.
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, December 2 and 9, 2003
Please charge to:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887, Roanoke, VA 24001-2887 (540) 224~8018
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Creekside Center, LLC, at Shenandoah and Peters Creek
Tax Nos. 6030116 and 6030106, from RM-2 to 0-2
)
)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
18th day of November, 2003, notices of a public hearing to be held on the 18th day of
December, 2003, on the request captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
6030101 Laurel Ridge Associates, LLC
Ban Bar Associates
Ernest and Linda Walker
Commonwealth of Virginia
Elscena G. Shepherd
Food Lion LLC
6030105
6010505
6010506
6010201
6030107
6030108
Notice also sent to:
Joe Yates, City of Salem
Martha Pace Franklin
Mailinq Address
2 Eaton Street, Suite 1100
Hampton, VA 23669
P O Box 1538
Salem, VA 24153
4302 Shenandoah Avenue
Roanoke, VA 24017
480 Cherry Hill Road, NW
Roanoke, VA 24017
P O Box1330
Salisbury, NC 28145
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 18th day of November, 2003.
Notary Pt~blic
My Commission Expires:
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., l~oom 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va-us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistznt City Clerk
November 7, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of The Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on November 4, 2003,
from Maryellen F. Goodlatte, Attorney, representing Creekside Center, requesting that
property located at the intersection of Shenandoah Avenue and Peters Creek Road, N. W.,
identified as Official Tax Nos. 6030116 (.0469 acre) and 6030106 (.0891 acre), be rezoned
from RM-2, Residential Multi-Family, Medium Density District, to C-2 General Commercial
District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
N:\CKEW1W, ezonings - Street Alley Closings 03~rezonings 03~november 03~rezoning Creekside Center Peters creek rd goodlatte.wpd
Robe~ B. Marietta
November7,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001
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
N:\CKEW 1 ~Rezonings - Street Alley Closings 03~rezonings 03~november 03~rezoning Creekside Center Peters creek rd goodlatte.wpd
GLENN
FELDMANN
GOODLATFE
210 Ist Street SW
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
5402248000
Fax 5402248050
gfdge~gfdg.com
November 4, 2003
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.com
HAND DELIVERED
Ms. Nancy Snodgrass
Roanoke City Planning & Development
Municipal Building, Room 177
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re:
Rezoning of two parcels of land located in the City of Roanoke at the
intersection of Shenandoah Avenue, N.W. and Peters Creek Road, N.W.
Tax Map Nos. 6030106 and 6030116 from RM-2 to C-2
Dear Nancy:
Pursuant to Creekside Center, LLC's rezoning request, we enclose the following
for filing:
An original and two copies of a Petition, with all exhibits
attached thereto, requesting that two parcels of land
located in the City of Roanoke be rezoned from RM-2 to
C-2;
2. Nine copies of the concept plan; and
A check in the amount of $925.00 to cover the cost of
filing.
If you have any questions or need further information, please do not hesitate to
call me.
Very truly yours,
Maryellen F. Goodlatte
MFG:lnh:5386000
Enclosures
cc: ~l~s. Mary F. Parker (w/encs.) (HAND DELIVERED)
Creekside Center, LLC (w/encs.)
Virginia Department of Transportation (w/encs.)
Creek Side Center LLC
Great Atlantic Management, LLC
Laurel Ridge Associates LLC
293 Independence Boulevard, Suite 400
Virginia Beach, Virginia 23462-5461
Ban-Ban Associates
P. O. Box 1538
Salem, Virginia 24153
Ernest J. Walker and Linda H. Walker
4302 Shenandoah Avenue, N. W.
Roanoke, Virginia 24017
Commonwealth of Virginia
4302 Shenandoah Avenue, N. W.
Roanoke, Virginia 24017
Elscena G. Shepherd
480 Cherry Hill Road, N. W.
Roanoke, Virginia 24017
Irvin C. Miller, Sr
479 Cherry Hill Road, N. W.
Roanoke, Virginia 24017
Food Lion LLC
P. O. Box 1330
Salisbury, North Carolina 28145
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
Januaw 22,2004
File #468
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
I am attaching copy of Resolution No. 36608-012004 creating the Western Virginia Water
Authority.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
William M. Hackworth
January 22, 2004
Page 2
pc:
Elmer Hodge, Board of Directors, Western Virginia Water Authority, P. O. Box
29800, Roanoke, Virginia 24018
Michael W. Altizer, Board of Directors, Western Virginia Water Authority, 3108
Valley Stream Drive, Roanoke, Virginia 24014
H. Odell "Fuzzy" Minnix, Board of Directors, Western Virginia Water Authority,
3314 Kenwick Trail, S. W., Roanoke, Virginia 24018
Darlene L. Burcham, Board of Directors, Western Virginia Water Authority
M. Rupert Cutler, Board of Directors, Western Virginia Water Authority, 2865
Jefferson Street, S. E., Roanoke, Virginia 24014
Robert C. Lawson, Board of Directors, Western Virginia Water Authority,
P. O. Box 2867, Roanoke, Virginia 24001-2867
George W. Logan, Board of Directors, Western Virginia Water Authority
P. O. Box 1190, Salem, Virginia 24153
Diane S. Chiiders, Clerk, Roanoke County Board of Supervisors
P. O. Box 29800, Roanoke, Virginia 24018-0798
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director of Utilities
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of January, 2004.
No. 36608-012004.
A RESOLUTION creating the Western Virginia Water Authority.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ("County")
and the City Council of the City of Roanoke, Virginia ("City") have determined that it is
in the best interests of the Roanoke Valley to create the Western Virginia Water
Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("Act"), and desire to do
so by the adoption of concurrent resolutions, and a public hearing has been held in
accordance with the requirements of § 15.2~5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke,
as follows:
1. Creation of the Authority. There is hereby created the Western Virginia
Water Authority ("Authority").
2. Articles of Incorporation. The Articles of Incorporation of the Western
Virginia Water Authority are as follows:
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County and the Council of the City of
Roanoke have by concurrent resolution adopted the following Articles of Incorporation
of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste
Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended)
("Act").
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority
and the address of its principal office is 2012 South Jefferson Street, Suite 200,
Roanoke, Virginia 24014.
ARTICLE II
The names of the incorporating political subdivisions are the County of
Roanoke, Virginia and the City of Roanoke, Virginia. The County of Roanoke
and the City of Roanoke, as the incorporating political subdivisions, hereby
acknowledge, covenant, and agree that these Articles of Incorporation shall not be
further amended or changed without the express agreement of each of the
governing bodies of each of the incorporating political subdivisions. None of the
following actions shall be taken or permitted to occur by the Board of the
Authority without the affirmative vote of a majority of the members from each
incorporating political subdivision on the Board of the Authority:
(1) The inclusion of additional political subdivisions in the Authority;
(2) Additional agreement with other political subdivisions, entities, or
persons, for the bulk sale of surplus water or the acceptance and treatment of
waste water.
2
(3) The recommendation to the governing bodies for the appointment of
the seventh member of the Board of the Authority.
ARTICLE III
The Board of the Authority shall consist of seven members. The names,
addresses, and terms of office of the initial members of the Board of the Western Virginia
Water Authority ("Authority") ai:e as follows:
Elmer C. Hodge, County Administrator - 3 year term
Roanoke County Administration Center
5204 Bernard Drive
P. O. Box 29800
Roanoke, VA 24018
Michael W. Altizer, Board of Supervisors - 2 year term
3.108 Valley Stream Drive
Roanoke, VA 24014
H. Odell "Fuzzy" Minnix, Citizen - 4 year term
3314 Kenwick Trail, SW
Roanoke, VA 24018
Darlene L. Burcham, City Manager- 3 year term
Noel C. Taylor Municipal Building
City Manager's Office
215 Church Avenue, Room 364
Roanoke, VA 24011
M. Rupert Cutler, City Council -2 year term
2865 Jefferson Street, SE
Roanoke, VA 24014
Robert C. Lawson, Jr., Citizen - 4 year term
Suntrust Bank, Suntrust Plaza
10 Franklin Road, SE, 9th Floor
Roanoke, VA 24001
P. O. Box 2867
Roanoke, VA 24001
3
o
George W. Logan - Citizen - 4 year term
2217 Crystal Spring Ave., SW, Suite 200
Roanoke, VA 24014
P. O. Box 1190
Salem, VA 24153
The terms of office of each of the initial members shall begin on the date of
~ssuance of a certificate of incorporation or charter for the Authority by the State
Corporation Commission. The governing body of each participating political subdivision
shall appoint the number of members, who may be members of the governing body, set
forth opposite its name below:
County of Roanoke - three
City of Roanoke - three
A seventh member shall be appointed jointly by the City of Roanoke and County
of Roanoke. The six members of the Authority Board shall recommend to the City and
the County the appointment of the seventh member. The City and the County shall ratify
and confirm the appointment of the seventh member. If the City and the County fail to
act or are unable to act within 60 days of the. receipt of this recommendation, then the
appointment of the seventh member shall be made by the judges of the Circuit Court for
the 23rd Judicial Circuit.
Initially, the governing body of the County of Roanoke shall appoint one member
for a four-year term, one member for a ~three-year term, and one member for a two-year
term. Initially, the governing body of the City of Roanoke shall appoint one member for
a four-year term, one member for a three-year term, and one member for a two-year term.
After the initial terms, each member shall be appointed for a four-year term or
until a successor is appointed and qualified. The governing body of each political
subdivision shall be empowered to remove at any time, without cause, any member
appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term.
Each member shall be reimbursed by the Authority for the amount of actual
expenses incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the 'Authority is to be formed are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and
maintain a water, w~/ste water, sewage disposal and storm water control system and
related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have
all of the rights, powers, and duties of an authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates
of capital costs, proposals for specific projects to be undertaken, or initial rates for the
proposed projects.
ARTICLE V
The Authority shall serve the County of Roanoke, the City of Roanoke, and to the
extent permitted by the Act and by the terms of these Articles and the Western Virginia
Water Authority Member's Use Agreement, such other public or private entities as the
Authority may determine upon the terms and cohditions established pursuant to such
contracts.
ARTICLE VI,
The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at
the end of each fiscal year and a certified copy thereof to be filed promptly with the
governing body of each of the incorporating political subdivisions.
Effective immediately. This resolution shall take effect immediately upon
its adoption.
ATTEST:
City Clerk.
6
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
Janua~ 20,2004
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: Concurrent Resolution
Authorizing Creation of the Western
Virginia Water Authority
As you are aware, the City and Roanoke County have been working on creation
of a regional water and wastewater authority, to be known as the Western
Virginia Water Authority (Authority). The Authority will be responsible for all
functions and operations in the combined City and County service area including
operation and maintenance of facilities, finances bonding rate setting, billing,
and cap ta construct on. Utility assets and current utility employees from both
jurisdictions will be transferred to the Authority.
City Council and Roanoke County Board of Supervisors are responsible for
appointing members to the Authority's seven member governing board. The
concurrent resolution also allows for delegation of storm water operations if
desired at a later date.
Honorable Mayorand Members of Council
Janua~ 20,2004
Page 2
Recommended Action:
Adopt the concurrent resolution to create the Western Virginia Water Authority.
Authorize the City Attorney to file Articles of Incorporation with the State
Corporation Commission.
DLB/mtm
City Manager
C'
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
CM04-0005
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE, WATER DIV.
2012 S. JEFFERSON, #200
ATTN: GREG REED
ROANOKE VA 24014
REFERENCE: 80104937
02275799
Western Va. Water Au
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~.~ia. Sworn and subscribed before me this
__~_day of January 2004. Witness my hand and
official seal. ~
~t ~_~ ~otary ~ublic
PUBLISHED ON: 12/20
~G~ u~r n~ ha"d this ~
TOTAL COST: 200.03
FILED ON: 01/16/04 (2275799)
Authorized ~
Signature:__~~_~_~~,//V/~ ~ / ~ Billing Services Representative
/
NOTICE OF PUBLIC HEARING ON PROPOSED CREATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The City of Roanoke intends to join with the County o£ Roanoke to form the Westen~
Virginia Water Authority in order to acquire, finance, construct, operate manage, and maintain a
water, waste water, sewage disposal, and storm water control system and related facilities
pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 o£the Code of
Virginia, as amended. A copy of the proposed concurrent resoiution that would create the
Authority is on file and may be reviewed in the O£fce of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, 24011.
The proposed concurrent resolution includes articles of incorporation for the Authority,
which provide for:
1. The name o£the Authority and the address o£its principal o£~ce.
2. The names of the participating localities and the names, addresses, and
terms of office of the first members o£the board of the Authority.
3. The purpose for which the Authority is being created, and a
determination that it is not practicable to set forth in the articles
in£ormation regarding preliminary estimates o£ capital costs, proposals
for sp¢cifc projects to be undertaken, or initial rates for the proposed
projects.
4. A seven member board for the Authority, with three members appointed
by the City, three by the County, and a seventh recommended by the
initial six members, and confirmed by the County and the City.
Notice is hereby given that the Council of the City of Roanoke will hold a public hearing
on the above matter on Tuesday, January 20, 2004, at 7:00 p.m., local time, or as soon thereafter
as Council is available, in the Council Chambers, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, Virginia. For further information on this matter,
you may contact the Office of the City Clerk at (540)853-2541 or Mr. Michael T. McEvoy,
Director of Utilities, at (540)853-1449.
All parties and interested citizens may appear on the above date and be heard on the
matter.
If you are a person who needs accommodations for this heating, please contact the City
Clerk's Office at (540)853-2541 before 12:00 noon on the Thursday before the date of the
heating listed above.
GIVEN under my hand this 18thday of December , 2003.
Mary F. Parker, City Clerk.
H:XAMISChaph-creationo fwestemvirginiawaterauthority, doc
Note to Publisher:
Please publish once in The Roanoke Times, Legal Notices once on Saturday, December 20,
2003.
Send Publisher's Affidavit to:
Send Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Michael T. McEvoy, Director of Utilities
2012 South Jefferson Street, Suite 200
Roanoke, VA 24014
H:LAMIS Chnph-creationofwestemvirginiawaterauthority.doc
Notice to Publisher:
Publish in the Roanoke Tribune once on Thursday, December 25, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Chumh Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
DIANE S. CHILDERS
CLERK TO THE BOARD
Emai]: dchilders @ co.roanoke.va.us
Re. BOX 29800
5204 BERNARD DRIVE
ROANOKE, VIRGINIA 24018-0798
(540) 772-2005
FAX (540) 772-2193
January 29, 2004
BRENDA J. HOLTON, OMC
DEPUTY CLERK
Email: bholton O co.roanoke.va.us
Ms. Mary F. Parker, Clerk
Roanoke City Council
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Parker:
Attached is a copy of Resolution 012704-8 creating the Western Virginia
Water Authority. This action was approved by the Board of Supervisors at their
meeting on Tuesday, January 27, 2004.
If you need further information, please do not hesitate to contact me.
Sincerely,
Diane S. Childers
Clerk to the Board of Supervisors
Attachment
cc: Paul Mahoney, County Attorney
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,
JANUARY 27, 2004
RESOLUTION 012704-8 CREATING THE WESTERN VIRGINIA WATER AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ("County")
and the City Council of the City of Roanoke, Virginia ("City") have determined that it is in
the best interests of the Roanoke Valley to create the Western Virginia Water Authority
pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"), and desire to do so by the
adoption of concurrent resolutions, and a public hearing has been held in accordance
with the requirements of Section 15.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. Creation of the Authority. There is hereby created the Western Virginia
Water Authority ("Authority").
2. Artictes of Incorporation. The Articles of Incorporation of the Western
Virginia Water Authority are as follows:
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County and the Council of the City
of Roanoke have by concurrent resolution adopted the following Articles of
Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water
and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as
amended) ("Act").
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority and the
address of its principal office is 2012 South Jefferson Street, Suite 200, Roanoke,
Virginia 24014.
ARTICLE II
The names of the incorporating political subdivisions are the County of Roanoke,
Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of
Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant,
and agree that these Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the
incorporating political subdivisions. None of the following actions shall be taken or
permitted to occur by the Board of the Authority without the affirmative vote of a majority
of the members from each incorporating political subdivision of the Board of the
Authority:
(1) The inclusion of additional political subdivisions on the Authority;
(2) Additional agreement with other political subdivisions, entities, or persons,
for the bulk sale of surplus water or the acceptance and treatment of waste water.
(3) The recommendation to the governing bodies for the appointment of the
seventh member of the Board of the Authority.
ARTICLE III
The Board of the Authority shall consist of seven members. The names,
addresses, and terms of office of the initial members of the Board of the Westem
Virginia Water Authority ("Authority") are as follows:
Elmer C. Hodge, County Administrator - 3 year term
Roanoke County Administration Center
5204 Bernard Drive
P. O. Box 29800
Roanoke, VA 24018
Michael W. Altizer, Board of Supervisors - 2 year term
3108 Valley Stream Drive
Roanoke, VA 24014
H. Odell "Fuzzy" Minnix, Citizen - 4 year term
3314 Kenwick Trail, SW
Roanoke, VA 24018
Darlene L. Burcham, City Manager- 3 year term
Noel C. Taylor Municipal Building
City Manager's Office
215 Church Avenue, Room 364
Roanoke, VA 24011
M. Rupert Cutler, City Council -2 year term
2865 Jefferson Street, SE
Roanoke, VA 24014
Robert C. Lawson, Jr., Citizen - 4 year term
Suntrust Bank, Suntrust Plaza
10 Franklin Road, SE, 9th Floor
Roanoke, VA 24001
P. O. Box 2867
Roanoke, VA 2400
George W. Logan, Citizen - 4 year term
2217 Crystal Spring Ave., SW, Suite 200
Roanoke, VA 24014
P. O. Box 1190
Salem, VA 24153
The terms of office of each of the initial members shall begin on the date of
issuance of a certificate of incorporation or charter for the Authority by the State
Corporation Commission. The governing body of each participating political subdivision
shall appoint the number of members, who may be members of the governing body, set
forth opposite its name below
County of Roanoke - three
City of Roanoke - three
A seventh member shall be appointed jointly by the City of Roanoke and County
of Roanoke. The six members of the Authority Board shall recommend to the City and
the County the appointment of the seventh member. The City and the County shall
ratify and confirm the appointment of the seventh member. If the City and the County
fail to act or are unable to act within 60 days of the receipt of this recommendation, then
the appointment of the seventh member shall be made by the judges of the Circuit
Court for the 234 Judicial Circuit.
Initially, the governing body of the County of Roanoke shall appoint one member
for a four-year term, one member for a three-year term, and one member for a two-year
term. Initially, the governing body of the City of Roanoke shall appoint one member for
a four-year term, one member for a three-year term, and one member for a two-year
term.
After the initial terms, each member shall be appointed for a four-year term or
until a successor is appointed and qualified. The governing body of each political
subdivision shall be empowered to remove at any time, without cause, any member
appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term.
Each member shall be reimbursed by the Authority for the amount of actual
expenses incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the Authority is to be formed are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and
maintain a water, waste water, sewage disposal and storm water control system and
related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all
of the rights, powers, and duties of an authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates
of capital costs, proposals for specific projects to be undertaken, or initial rates for the
proposed projects.
ARTICLE V
The Authority shall serve the County of Roanoke, the City of Roanoke, and to the
extent permitted by the Act and by the terms of these Articles and the Western Virginia
Water Authority Member's Use Agreement, such other public or private entities as the
Authority may determine upon the terms and conditions established pursuant to such
contracts.
ARTICLE VI
The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at
the end of each fiscal year and a certified copy thereof to be filed promptly with the
governing body of each of the incorporating political subdivisions.
5
3. Effective immediately. This resolution shall take effect immediately upon
its adoption.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES:
NAYS:
CC:
Supervisors McNamara, Church, Wray, Altizer, Flora
None
A COPY TESTE:
Brenda J. H<~lton, CMC
Deputy Clerk to the Board of Supervisors
File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
Mary Parker, Clerk to City Council
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Januaw 20,2004
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T Fitzpatrick, Jr.
C. Nelson Hams
Linda E Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
We jointly sponsor a request of Sharon Sue Aitice, to address Council with
regard to concerns in her neighborhood at the regular meeting of City Council on
Monday, January 20, 2004.
Sincerely,_.. '--
Linda F. Wyatt, Council Member
M. Rupert Cutler, Council Member
LFW/MRC:snh
c: City Attorney
Director of Finance
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Januaw 22,2004
File #34-416-106-121-184-133
The Honorable George M. McMillan, Sheriff
The Honorable Evelyn W. Powers, City Treasurer
The Honorable Sherman A. Holland, Commissioner of Revenue
The Honorable Donald S. Caldwell, Commonwealth's Attorney
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Ladies and Gentlemen:
I am attaching copy of Ordinance No. 36609-012004 amending Ordinance No. 36313-
051203, establishing compensation for the Sheriff, Treasurer, Commissioner of the
Revenue, Commonwealth's Attorney, and Clerk of Circuit Court for the fiscal year
beginning July 1, 2003; authorizing execution of revised contracts with the Sheriff,
Treasurer, Commissioner of the Revenue and Clerk of Circuit Court with respect to their
employees participating in the City's Classification and Pay Plans, to reflect a revised
method for establishing the compensation of said officers.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 20, 2004.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Constitutional Officem
Janua~ 22,2004
Page 2
p¢~
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth S. Cronin, Director, Human Resources
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of January, 2004.
No. 36609-012004.
AN ORDINANCE amending Ordinance No. 36313-051203, establishing
compensation for the Sheriff, Treasurer, Commissioner of Revenue, Commonwealth's
Attorney, and Clerk of Circuit Court for the fiscal year beginning July 1, 2003; authorizing
execution of revised contracts with the Sheriff, Treasurer, Commissioner of Revenue and
Clerk of Circuit Court with respect to their employees participating in the City's
Classification and Pay Plans, to reflect a revised method for establishing the compensation of
these officers; 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. As of July 1, 2003, for the fiscal year beginning July 1, 2003, and ending
June 30, 2004, and for succeeding fiscal years unless modified by ordinance duly adopted by
this Council, the annual salaries of the City's Constitutional officers shall be their current
salaries, (which are based on the salaries for their offices as authorized in the 2003
Appropriations Act of the Commonwealth, all of which, are for such officers serving
populations of 100,000 to 174,999) plus 2.25%, totaling as follows:
Sheriff
Treasurer
Commissioner of'Revenue -
Commonwealth's Attorney -
Clerk of Circuit Court
$90,937
$84,955
$84,955
$112,752
$110,302
2. Any increase in compensation due to any officer or employee under this
Ordinance shall be first paid with the paycheck of July 2, 2003; provided, however, that the
increase provided for herein for the Clerk of Circuit Court shall take effect January 1,2004.
3. On and after January 1, 2004, each Constitutional Officer shall have added to
his or her annual salary the sum of $3,750, which sum has heretofore been paid annually to
the ICMA in a lump sum on behalf of each Constitutional Officer as deferred compensation.
Afier January 1, 2004, such payments to the ICMA will cease, and the $3,750 will be paid to'
each Constitutional Officer in equal bi-weekly amounts as part of the Constitutional Officer's
regular salary.
4. The City Manager is hereby authorized, for and on behalf of the City, in order
to implement this ordinance and to provide for the pay increase authorized herein, to execute
revised contracts with the Commissioner of Revenue, Treasurer, Sheriff, and Clerk of Circuit
Court, pertaining to their employees participating in the City's Classification Plans; this
ordinance shall not take effect with regard to any such officer's salary until such revised
contract has been executed by him.
5. It is the intent of Council that, in future years, the Constitutional Officers will
receive the average percentage increase approved by City Council for City employees.
6. This ordinance amends Ordinance No. 36313-051203, adopted May 12, 2003,
with regard to the salary of the Clerk of Circuit Court, and shall remain in effect until
amended or repealed by ordinance duly adopted by City Council.
paragraph of this ordinance is hereby dispensed with.
Pursuant to §12 of the Roanoke City Charter,. the second reading by title
ATTEST:
~CiW C~lerk. 7
WILLIAM M. HACKYVORTH
CITY ATTOKNEY
CITY OF ROANOKE
OFFICE OF CITY ATTOIL,NEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, S W
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-122 [
EMAIL: ¢it yai~ei roanoke .va us
January 20, 2004
ELIZABETH IL DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Contract with Clerk of Circuit Court
Dear Mayor Smith and Members of Council:
While constitutional officers are not required to provide a grievance procedure for
their employees, such employees may be covered by a local government's grievance
procedure and be accepted into the locality's personnel system if agreed to by the
constitutional officer and the local governing body. This is authorized by §15.2-3008,
Code of Virginia. This agreement is customarily memorialized by the execution of an
agreement between the constitutional officer and the governing body. The City currently
has such agreements with all of its constitutional officers, and has so contracted with the
Clerk of the Circuit Court since 1980.
Such contracts with constitutional officers expire when a constitutional officer
leaves office, and new ones must be executed by their successors. Brenda Hamilton, the
new Clerk of Circuit Court, has proposed a contract (copy attached) which proposes
terms heretofore not addressed in such contracts, addressing such things as courthouse
access and the role of the Circuit Court in establishing the work hours of the Clerk's
Office. The proposed contract has been reviewed by the City Manager, Director of
Finance, Human Resources Manager, and myself, and we have no problem with the terms
of the contract as proposed. A resolution authorizing execution of this agreement with
the Clerk of the Circuit Court is attached for your consideration.
Evelyn Powers, the City's new Treasurer, already has executed a contract with the
City. Thc terms of that contract are the ones traditionally agreed to by the City, and in
my opinion, Council has previously given the City Manager authority to execute that
agreement, and no further action by Council is necessary.
The Honorable Mayor and Members
of City Council
January 20, 2004
Page 2
With kindest personal regards, I am
WMH:f
Attachment
cc: Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth S. Cronin, Director of Human Resources
Sincerely yours,
William M. Hackworth
City Attorney
HALETTER\l-hmconstitutionalofficercontract.doc
THIS CONTRACT, made and entered into this day of .,
2004, by and between the CITY OF ROANOKE, VIRGINIA ("the City") and
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT OF THE CITY OF
ROANOKE ("the Clerk").
WITNESSETH:
WHEREAS the City of Roanoke, Virginia is a municipal corporation, organized
and existing under the laws of the Commonwealth of Virginia; and
WHEREAS Brenda S. Hamilton is the duly elected Clerk of the Circuit Court
of the City of Roanoke, a constitutional office created and existing under Article VII,
§ 4 of the Constitution of Virginia, and, pursuant to the Constitution, the General
Laws of the Commonwealth (including Article 2, Chapter 2 of Title 17.1 and § 24.2-
217 of the Code of Virginia and § 18 of The Charter of the City o~f Roanoke); and
WHEREAS Virginia Code § 2.2-3008 provides that, while constitutional
officers shall not be required to provide a grievance procedure for their employees,
such employees may be accepted in a local governing body's grievance procedure or
personnel system if agreed to by the constitutional officer and the local governing
body; and
WHEREAS the Clerk has, pursuant to § 2-42 of the Code of the City of
Roanoke (1979) as amended, filed in the office of the city clerk the Clerk's written
consent to the application, to the Clerk and the employees of her office, of the
provisions of Article III, Divisions 2 and 3 of the City Code, which pertain to vacation
leave, sick leave, paid leave, and extended absence leave; and
WHEREAS it appears to the City, to the Clerk, and to other constitutional
officers advantageous and appropriate for the City's personnel policies and grievance
procedure to apply uniformly throughout the government of the City of Roanoke, not
only to employees who report to the City Council and the City Manager, but also to
constitutional officers and their employees; and it likewise appears, both to the City
and to the Clerk, equitable and appropriate that constitutional officers and their
employees should not limit their participation in the City's personnel system to the
participation provided in Divisions 2 and 3 of Article III of the City Code, but rather
should participate, in the same way as other City officials and employees, in the
City's entire personnel system, including the City's classification, pay, and benefit
plans.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
1. Except as herein specifically provided, the Clerk, the Office of the Clerk
of the Circuit Court of the City of Roanoke ("Clerk's Office"), and the employees
therein, shall in the same way as other City officials and employees comply with and
be bound by (a) the provisions of Article III, Officers and Employees Generally, and
Article IV, Personnel Management and Practices, of Chapter 2, Administration, of
the City Code; and (b) the City's Affirmative Action Plan; and (c) the City's
Grievance Procedure; and (d) the Personnel Operating Procedures promulgated by
the City Manager; and (e) the applicable personnel regulations promulgated by the
City Manager pursuant to the City Code.
2. The Constitution and the Code of Virginia vest in the Judges of the
Circuit Court and in the Clerk all decisions about the days and hours of operation of
the Clerk's Office, and vest in the Judges of the Circuit Court, the Sheriff, and the
Clerk, all decisions about access to the Courthouse, in which the Clerk's Office is
located. The Clerk's Office is required to be open, and the employees of the Clerk are
required to work, on all days when the Circuit Court is in session, without regard to
whether those days are holidays for other City employees; the Clerk's Office is
required to be open, and the employees of the Clerk are required to work, on days
that may be designated as holidays for City employees by the City Code or by action
of the City Council, if those days are not also state holidays. The Clerk's Office is
required to be closed, and access to the Courthouse is restricted, when the Judges of
the Circuit Court so order, and on state holidays, without regard to whether those
days are holidays for other City employees. Therefore:
a) The provisions of City Code § 2-37 (pertaining to office hours, work weeks and
holidays) shall not apply to employees of the Clerk's Office,provided however
that all employees of the Clerk's Office are and shall be bound by all City
personnel regulations and Personnel Operating Procedures pertaining to
minimum hours of work, overtime work, timely reporting to work, and the
like;
b) The Judges ofthe Circuit Court require, pursuant to Virginia Code § 17.1-207
(A)(4), that the Clerk's Office be kept open continuously for the transaction of
business during convenient hours on all the days on which it is required to be
open by § 17.1-207. The Clerk shall establish working hours for employees of
her office. Trials and trial-related proceedings sometimes extend beyond
normal working hours and Judges, in exigent circumstances, will sometimes
schedule trials and hearings on days that otherwise would not be normal
working days for employees of the Clerk's Office. Employees of the Clerk's
Office shall be required to work, notwithstanding normal work hours or work
days, whenever, so required by a Judge of the Circuit Court. In the same
manner as is specified for other City employees by City Code § 2-37(e), the
employees of the Clerk's Office shall remain in the office during the working
hours established for them, and at such other times, including days on which
the office may be closed, as the Clerk or her designee shall require, except
when official business requires that they be absent therefrom.
c) As a constitutional officer, the Clerk shall not accumulate any equivalent time
offfor hours worked in addition to regular office hours; and,just as is provided
for executive officers of the City in City Code § 2-37(f), the Clerk may be
absent from her office during regular office hours, without penalty, so long as
such absence does not interfere with the normal operations of such office.
3. Employees of the Clerk's Office shall participate in the City's
Classification and Pay Plans, and shall be classified by the City Manager or her
designee within the City's Classification and Pay Plans. For this purpose, the Clerk
will timely supply all relevant information requested by the City Manager or her
designee.
4. The annual salary of the Clerk of the Circuit Court shall be the salary
established from time to time by the Council of the City of Roanoke in accordance
with the statutory law of the Commonwealth. The Clerk's current annual salary is
set out in Ordinance No. 36313-051203, adopted by City Council on May 12, 2003, a
copy of which is attached hereto as Attachment A.
5. The Clerk and her employees and shall be entitled to receive life
insurance, health and dental insurance available to City employees; to all other
benefits available to City employees generally; to participate in any other benefit
plans that may from time to time be available to City employees generally; and to
participate in the City's Pension Plan.
6. Consistent with the Constitution and general laws of the
Commonwealth, the Clerk shall retain the exclusive right to manage the affairs and
operations of the Clerk's Office. Subject to the authority of the Judges of the Circuit
Court, the Clerk shall exercise supervision and control over the Clerk's Office and all
departments and divisions thereof. No provision of this contract shall be construed to
limit the constitutional powers and prerogatives of the Clerk, nor shall any provision
of this contract be construed to cede to the City Manager or any other person any
duty or authority of the Clerk under the Code of Virginia or the order of any court.
7. This contract shall continue in full force and effect until terminated by
either of the parties through written notice to the other party given at least thirty
(30) days before the effective date of such termination.
8. This document contains the entire and integrated agreement between
the Clerk and the City. It supersedes any prior agreement between the City and any
Clerk of the Circuit Court. This contract may be modified or amended only by writing
executed by both parties. Any modification or amendment must comply with all
provisions of the laws of the Commonwealth existing at the time of the amendment.
9. Inasmuch as Virginia Code § 2.2-3008 provides that agreements of this
nature must be between the constitutional officer and the local governing body, the
Council of the City of Roanoke approved this contract on the __ day of
., 2004. This contract is executed on the City's behalf, by the Mayor
of the City of Roanoke, pursuant to § 15 of the Charter of the City of Roanoke.
WITNESS the following signatures:
THE CITY OF ROANOKE, VIRGINIA
By:
The Honorable Ralph K. Smith, Mayor
Attest:
Mary F. Parker, City Clerk
The~Ho,~prable Brenda S. Hamilton, Clerk
Circuit COurt of the City of Roanoke
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
January 22, 2004
File #34-103-106-121-133-184
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Darlene L. Burcham
City Manager
Dear Ms. Hamilton and Ms. Burcham:
I am attaching copy of Resolution No. 36610-012004 authorizing execution of an
agreement and authorizing the City Manager to extend full benefits of participation in the
City's Classification and Pay Plans to the Clerk of Circuit Court and her deputies and
employees, upon execution by the Clerk of Circuit Court of a written agreement between
the City and her, relating to the Clerk's compliance with certain City ordinances, policies
and procedures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, ,January 20, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Brenda S. Hamilton
Darlene L. Bu~ham
Janua~ 22,2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Kenneth S. Cronin Director of Human Resources
IN THE COUNCIL OF THE CITY oF ROANOKE, VIRGINIA,
The 20th day of January, 200~.
No. 36610-012004-
A RES OLUTION authorizing execution of an agreement and authorizing the City Manager to
extend full benefits of participation in the City's Classification and Pay Plans to the Clerk of Circuit
Court and her deputies and employees, upon execution by such constitutional officer of a written
agreement between the City and her, relating to the Clerk's compliance with certain City ordinances;
policies and procedures.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement between the City and the Clerk of Circuit Court
providing that, in consideration for participation in the City's Classification and Pay Plans and other
City benefits, such Clerk and her deputies and employees shall comply with Article m, Officers and
Employees Generally, and Article IV, Personnel Management Practices, of' Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, all Personnel Operating
Procedures, all personnel regulations heretofore or hereafter promulgated by the City Manager and
the Grievance Procedure and Affirmative Action Plan, as amended, of the City.
2. The terms of such agreement shall be indefinite continuing until terminated by written
notice of the City or of the Clerk of Court or upon termination of the term of office of the Clerk of
Circuit Court, whichever shall occur sooner.
The form of such agreement shall be approved by the City Attorney.
ATTEST:
City Clerk.