HomeMy WebLinkAboutMins 12/15/03 - 06/21/04NOTICE
Pursuant to Commonwealth of Virginia, Library of Virginia Records
Management and Imaging Services Division, Records Retention and
Disposition Schedule, General Schedule No. 4, County, City and Town
Administration Records, Series No. 010001; and General Schedule No.
19, Administrative Records, Series No. 010037, those items referred to
in the Minutes for full text other than Ordinances and Resolutions
have been destroyed in compliance with Guidelines provided by the
Library of Virginia.
Mary F. Parker, City Clerk
550
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
December 15, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 15, 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, Regular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by the Council
on Monday, July 7, 2003.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr. (arrived late), C. Nelson
Harris, and Mayor Ralph K. Smith ....................................... 7.
ABSENT: None .................................................. O.
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 Elder Sylvan A. Moyer, Pastor, Unlimited
Power Apostolic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Ralph K. Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
CITY TREASURER: Mr. Bestpitch offered the following resolution
recognizing the service of the Honorable David C. Anderson, CityTreasurer, who
will retire from his position on December 31, 2003:
(#36560-121503) A RESOLUTION paying tribute to the Honorable David C.
Anderson, City Treasurer, and expressing to him the appreciation of this City and
its people for his exemplary public service.
(For full text of Resolution, see Resolution Book No. 68, Page 216.)
551 -
Mr. Bestpitch moved the adoption of Resolution No. 36560-121503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
The Mayor presented a ceremonial copy of the above referenced resolution
to Mr. Anderson.
CLERK OF COURTS: Mr. Harris offered the following resolution recognizing
the service of the Honorable Arthur B. "Bert" Crush, III, Clerk, Roanoke City
Circuit Court, who will retire from his position on December 31, 2003:
(#36561-121503) A RESOLUTION paying tribute to the Honorable Arthur B.
"Bert" Crush, III, Clerk of Circuit Court for the City of Roanoke, and expressing to
him the appreciation of this City and its people for his exemplary public service.
(For full text of Resolution, see Resolution Book No. 68, Page 218.)
Mr. Harris moved the adoption of Resolution No. 36561-121503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
The Mayor presented a ceremonial copy of the above referenced resolution
to Mr. Crush.
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CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to requests for two
closed sessions.
The Mayor requested that Item C-1 (Minutes of the regular meeting of
Council on Monday, November 3, 2003, and recessed until Friday, November 14,
2003) be removed from the Consent Agenda for separate discussion.
CITY COUNCIL- COMMll-rEES: A communication from Mayor Ralph K.
Smith requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
COUNCIL: A report from the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel on a matter of probable
litigation, pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended, was
before the body.
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Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris and Mayor
Smith ........................................................... 6.
NAYS: None ................................................ O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
COMMITTEES-HUMAN DEVELOPMENT COMMITTEE-ROANOKE ARTS
COMMISSION-SCHOOLS-ZONING: A report of qualification of the following
persons, was before Council.
Louis O. Brown as a member of the Advisory Board of Human
services, for a term ending November 30, 2007;
Sandra K. Brunk as a member of the Roanoke Arts Commission, fora
term ending June 30, 2006;
Terri R. Jones as a member of the Roanoke Arts Commission, to fill
the unexpired term of Michael Brennan (resigned), ending June 30,
2004;
William M. Hackworth as a member of the Virginia Western
Community College Board of Directors, to fill the unexpired term of
Michael F. Urbanski, resigned, ending June 30, 2007; and
Philip H. Lemon and Joel W. Richert as members of the Board of
Zoning Appeals, for terms ending December 31, 2006.
Mr. Cutler moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
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AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
REGULAR AGENDA
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 3, 2003; and recessed until Friday, November 14, 2003, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
The Mayor referred to the November 3, 2003 minutes and his oral report
as a member of The Hotel Roanoke Conference Center Commission. He
requested that page 14, line one, be amended to delete the following:
"Mayor Smith advised that revenue from The Hotel Roanoke Conference
Center is down when comparing Roanoke to other venues across the state
or the country because corporate expenditures have been reduced;..."
The Mayor requested that the following language be substituted:
"Mayor Smith advised that although business is down, The Hotel Roanoke
Conference Center is doing well when compared to other venues across
the state or the country because corporate expenditures have been
reduced;..."
Mr. Cutler moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded, with the above referenced
amendment. The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ...................................................... 6.
NAYS: None .................................................... O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
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PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY SHERIFF-CITY JAIL-BUDGET: A communication from the Honorable
George M. McMillan, Sheriff, advising that during the 2003 Session the Virginia
General Assembly, legislation was passed which added Section 53.1-131.3,
Payment of costs associated with prisoner keep; the legislation states that "any
Sheriff or jail superintendent may establish a program to charge inmates a
reasonable fee, not to exceed $1.00 per day, to defray the costs associated with
the prisoner's keep; the Board shall develop a model plan and adopt regulations
for such program, and provide assistance, if requested, to the Sheriff or jail
superintendent in the implementation of such program; and such funds shall be
retained in the locality where the funds were collected and shall be used for
general jail purposes," was before Council.
It was further advised that he was selected by the Board of Corrections as a
member of the committee which was responsible for development of the model
plan; in doing so, it was his desire to ensure that funds received were maintained
by the locality strictly for jail purposes; whereupon, the Sheriff advised that he
would like to implement the program and based upon fiscal year 2002-03, there
is a potential to collect $225,240.00 from the program on an annual basis for the
City jail.
The Sheriff stated that it was his intent to use the revenue generated from
the program to fund four full-time deputy sheriff positions which are needed
within the jail and jail annex, at an annual cost of $140,104.00, and one-half
year cost in fiscal year 2004 is $70,052.00.
The Sheriff recommended that Council authorize the Director of Finance to
establish a revenue estimate in the amount of $70,052.00 for fiscal year 2004 for
the Inmate Fee Program; and that Council authorize the addition of four deputy
sheriff positions, beginning January 1, 2004, and continuing from year to year,
so long as the Inmate Fee Program is operated by the Sheriff and appropriate
funding to the following expenditure accounts:
Regular Salaries
VRS Retirement
FICA
(001-140-3310-1002) $59,042.00
(001-140-3310-1110) $ 6,494.00
(011-140-3310-1120) $ 4,516.00
(The item was sponsored by Vice-Mayor C. Nelson Harris and Council Member
Alfred T. Dowe, Jr.)
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Mr. Bestpitch offered the following ordinance:
(#36562-:121503) AN ORDINANCE appropriating funds for additional
deputy sheriff positions and establishing a new fee for the care of prisoners at
the Jail, amending and reordaining certain sections of the 2003-2004 General
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see ordinance Book No. 68, Page 219.)
Mr. Bestpitch moved the adoption of Ordinance No. 36562-121503. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
Mr. Harris offered the following resolution:
(#36563-121503) A RESOLUTION concurring in the establishment by the
Sheriff of an Inmate Fee Program pursuant to §53.1-131.3, Code of Virginia
(1950), as amended, and approving four (4) full-time deputy sheriff positions
needed within the jail and jail annex, beginning January 1, 2004, and continuing
from year to year so long as the Inmate Fee Program is operated by the Sheriff.
(For full text of resolution, see Resolution Book No. 68, Page 220.)
Mr. Harris moved the adoption of Resolution No. 36563-121503. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
557 -
ARTS COUNCIL OF ROANOKE VALLEY: Gregg Lewis, Co-Chair, Downtown- This
is Living Tour, reported on the success of the event which was held in October 2003.
He stated that the Arts Council sold more than 1,500 tickets for the tour, which
provided an opportunity for the City to showcase certain living spaces in downtown
Roanoke and what it might be like to be resident of the downtown area. He advised
that downtown businesses reported an increase in receipts based on additional foot
traffic, but more importantly was the benefit to and exposure of the concept of
downtown living, and that a 24 hour downtown Roanoke will point the City of
Roanoke in a new and increasingly prosperous direction as a city. He expressed
appreciation for the City's support of the event and the desire of the Arts Council to
participate in similar types of events in the future.
Robert Fetzer, Co-Chair, Downtown Living Tour, referred to the enthusiasm
surrounding the event, and called attention to discussions in regard to
expanding the affair in future years. He stated that the City's support was
instrumental in the success of the event, the goal of which was to encourage
more people to live, work and play in downtown Roanoke.
(The item was supported by the City Manager.)
COMMITTEES-MENTAL HEALTH SERVICES: Sheri Bernath, representing the
Board of Directors, Blue Ridge Behavioral Healthcare, presented the annual report
of the organization for the year 2003.
She advised that in fiscal year 2003, Blue Ridge Behavioral Healthcare staff
delivered 327,183 units of various services to 12,716 residents, at a cost of
$:~1,486,332.00 to Blue Ridge to provide the services; and the City's local tax
contribution to the agency's operations was $409,428.00, which means that
Roanoke residents received $28.05 worth of services for each tax dollar allocated
to their community services board.
Ms. Bernath highlighted the following services:
Prevention Services operated after-school clubs at six
neighborhood sites, provided conflict mediation training for
students and faculty of all six middle schools, and provided student
support groups at six schools.
Project LINK served 76 women with a substance use disorder who
were pregnant or parenting young children, and provided case
management to 48 of their children, and an additional 22 women
received education, referral and follow-up services after the birth of
their child.
558
133 City residents were detoxified and stabilized at the Shenandoah
Recovery Center under a Temporary Detaining Order, eliminating
psychiatric hospitalization for these dually diagnosed clients.
Three Roanoke City residents have participated in Hegira House's
Transitional Therapeutic community contract with the Department
of Corrections. These residents completed a penitentiary sentence
that included substance abuse treatment and were transferred to
Hegira to complete their sentence and transition back into the
community as productive citizens.
The Children's Day Treatment Program continued to provide
services on-site at four locations: Highland Park, Lincoln Terrace
and RAMS Elementary Schools and Addison Middle School. In total,
77 children received services to help maintain them in the public
school system.
Intensive In-home Services were provided to 46 children. This
service is for facilities that have children at-risk for out-of-home
placement such as foster care, acute hospitalization, residential
treatment, and detention.
Case Managers worked with 409 Roanoke City consumers who have
mental retardation and 1,009 individuals with a serious mental
illness, providing a total of 38,941 hours of service through Adult
Resource Management components.
Ms. Bernath called attention to the Governor's plans to reconfigure the
public system of care for the mentally disabled; during the past year, Blue Ridge
representatives have worked with senior staff in the Department of Mental
Health, Mental Retardation and Substance Abuse Services in Richmond in a
restructuring process; at the local level, meetings have been held with senior
managers from Catawba Hospital, Carillon Health System, and the Lewis-Gale
Medical Center, and it is hoped that these health care partners, working with the
Mental Health Association, the Alliance for the Mentally III and the Roanoke Valley
Alliance for Children, will, in the near future, bring about long needed and
positive changes in the system of care, locally and across the Commonwealth of
Virginia.
559 -
She advised that Blue Ridge is experiencing an increased demand for
services while, at the same time, trying to manage reductions in funding and
when the organization's local funding request for fiscal year 2005 is submitted,
it will be with the recognition that Virginia's budget crisis has had long-lasting
effects, therefore, it is hoped that the City of Roanoke will continue to support
the organization, financially, to the best of its ability.
Ms. Bernath called attention to progress in regard to renovation of the
Burrell Center, the importance of respecting the history of the structure, and
preserving its architectural integrity, while providing renewed vigor for many
years to come; therefore, after working with preservation consultants, the Burrell
Center has been placed on both the Virginia and the National Registers of
Historic Places; and the transition from multiple sites to a single location where a
variety of service needs can be met for many consumers will occur in
approximately February, 2004.
(The item was sponsored by the City Manager.)
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired about the type of
services that will be offered to residents of the City of Roanoke at the Burrell
Center, and will services be minimized based upon the extension of service to all
parts of the Roanoke Valley, since the historic Burrell Hospital will be used as a
nursing home. She stated that it is hoped that there will be no reduction in the
type and quality of service to be afforded to the citizens of Roanoke.
Council Member Fitzpatrick entered the meeting.
CONVENTION AND VISITORS BUREAU-CELEBRATIONS: David L. Kjolhede,
Executive Director, Roanoke Valley Convention and Visitors Bureau, presented the
annual report of the RVCVB for 2003.
He advised that the RVCVB budget for fiscal year 2002-03 was $1.2
million; the Bureau's stakeholders and partners include the Cities of Roanoke and
Salem, the Counties of Roanoke, Franklin and Craig, the Virginia Tourism
Corporation, and over 175 private sector members from the hospitality industry
in the Roanoke Valley and beyond. He further advised that utilizing conversion
study results and conservative spending figures, the Bureau's budget generated
the following revenues for the Roanoke Valley and partner organizations:
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Leisure Travelers:
Conventions Hosted:
Sports Marketing
Motorcoach:
Golf:
Total Direct Spending:
$ 34,253,000.00
33,726,000.00
8,622,000.00
1,179,000.00
152,000.00
77,932,000.00
Mr. Kjolhede pointed out that the $77 million are a direct result of Bureau
driven marketing programs and represent approximately 20 per cent of the $369
million spent annually in the Roanoke Valley by visitors, conventioneers, sports
enthusiasts and group travelers.
In conclusion, Mr. Kjolhede advised that conventioneers, tour groups,
sports participants and leisure travelers all contribute to the economic well-being
of the Roanoke Valley; the Virginia Tourism Corporation's most recent figures
indicate that tourists spend over $369 million per year in the Roanoke Valley,
making tourism a $1 million per day industry; outside forces such as economic
uncertainty, homeland security and the "shake-out" in the travel industry will
continue to impact tourism nationwide, however, the Roanoke Valley is well
positioned as an affordable, drivable, enticing destination for many groups and
travelers; and the Bureau has done a good job in identifying these market
segments and utilizing the dollars invested by public and private partners to
promote the area. He further advised that although the marketplace grows
increasingly competitive and funding is a growing challenge, the Bureau will
continue to develop innovative, cost effective programs to remain viable in the
marketplace; and the Roanoke Valley possesses a great product mix and when
this is combined with effective marketing, the tourism industry will continue to
expand.
(The item was sponsored by the City Manager.)
Question was raised as to how the Roanoke Valley could benefit from Virginia
Tech's inclusion in the ACC and what, if any, steps have been taken to position the
City of Roanoke to take advantage of the opportunity; whereupon, Mr. Kjolhede
advised that representatives of the Convention and Visitors Bureau recently
accompanied officials from the City of Salem to bid on the ACC tournament for
2004-05; the RVCVB has initiated marketing efforts in the Carolinas on a limited
basis, although efforts will be increased in the future and staff continues to look at
opportunities to partner with others.
In view of the increased investment in the RVCVB by the City of Roanoke in
the last two years, Council Member Bestpitch requested information on the
results of increased investments.
561
Council Member Cutler inquired about efforts by the RVCVBwith regard to
local activities in 2007 to coincide with the Jamestown Festival; whereupon, Mr.
Kjolhede advised that since the Jamestown Festival will be a statewide
celebration, a number of committees have been established across the State to
recommend appropriate activities/projects to commemorate the event and the
RVCVB is a member of the committee. He stated that locally, some consumer
and motor coach marketing will be slanted toward taking advantage of various
activities associated with the event.
Mr. Cutler talked about the potential of working with the native American
community in planning activities in the City of Roanoke, in Explore Park, and
elsewhere with the MOhican Indians and other native American groups, to help
tourists understand what was happening in this part of VirginiawhenJamestown
was being settled; and asked that his suggested be included in upcoming
discussions.
Council Member Fitzpatrick commended and expressed appreciation to the
staff of the RVCVB. He spoke in support of the incorporation of the Convention
and Visitors Bureau in the Roanoke Railway Passenger Station.
As a follow up to Mr. Cutler's remarks, Council Member Bestpitch advised
that the City of Roanoke will celebrate its 125'h anniversary in 2007, and
requested that the City Manager recommend appropriate activities and projects
to commemorate the occasion.
REPORTS OF OFFICERS:
CITY MANAGER:
HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager introduced Jane
Conlin, Director, Human/Social Services, who assumed her position with the City
on January 5, 2004.
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EMERGENCY SERVICES-FLOOD REDUCTION CONTROL: The City
Manager submitted a communication advising that in February 2003, the City
Manager declared an emergency to exist in the City of Roanoke as a result of
flooding; and Council followed in confirming the declaration and called upon the
State and Federal government for assistance on March 3, 2003.
562
It was further advised that the Federal Emergency Management Agency
(FEMA) has approved the City of Roanoke for disaster assistance for costs
incurred following the flooding; the total amount of disaster assistance to be
provided is $137,005.00, and FEMA has released $137,005.00; disaster
assistance funding from the Federal Emergency Management Agency and the
Virginia Department of Emergency Management must be accepted and funding
appropriated; and with the exception of residual expenses associated with
contracted services and replacement of equipment at Victory Stadium,
reimbursement will cover expenses incurred during fiscal year 2002-03.
The City Manager recommended that she be authorized to execute, on
behalf of the City of Roanoke, any documentation required in connection with
obtaining and accepting the above allocation, in the amount indicated and to
furnish such additional information and to take such additional action as may be
needed to implement and administer such funds and agreements, said
documents to be approved as to form by the City Attorney.
The City Manager further recommended establishment of a revenue
estimate of $113,552.00 in the General Fund and $23,453.00 in the Civic
Facilities Fund, and appropriation of $137,005.00 to the following expenditure
accounts:
Department
Contingency-General Fund
Account Dollar Amount
001-300-9410-2199 $ 105,776.00
Parks 001-620-4340-3011 7,776.00
Civic Facilities Fund-
Victory Stadium
005-550-7410-2010
23,453.0O
Mr. Cutler offered the following budget ordinance:
(#36564-121503) AN ORDINANCE appropriating funds to cover costs
incurred as a result of flood damages and establishing a revenue estimate for
federal reimbursements, amending and reordaining certain sections of the 2003-
2004 General and Civic Facilities Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 221.)
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Mr. Cutler moved the adoption of Ordinance No. 36564-121503. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None ................................................. O.
Mr. Dowe offered the following resolution:
(#36565-121503) A RESOLUTION authorizing the acceptance ofagrant of
funds from the Federal Emergency Management Agency (FEMA) and the Virginia
Department of Emergency Management, in connection with the flood emergency
of February, 2003; and authorizing execution of any required documentation on
behalf of the City.
(For full text of resolution, see Resolution Book No. 68, Page 223.)
Mr. Dowe moved the adoption of Resolution No. 36565-121503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick; Harris,
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that Boxley Materials Company (Boxley) has purchased
land in the City of Roanoke on which to build a cement plant; and in order to
have access to the property, it is necessary for Boxley to build a road to City and
Virginia Department of Transportation (VDOT) standards, at a total cost of
$308,000.00, which road also opens other property in the City for development.
It was further advised that Boxley has agreed to invest $2:5 million in the
land, facility, equipment, and road, plus create nine jobs; the City will
appropriate up to, but not to exceed $154,000.00 to the Industrial Development
Authority of the City of Roanoke (IDA), which, in turn, will provide an economic
development grant to Boxley Materials Company, upon certain terms and
conditions as set forth in a Performance Agreement; the grant will be made after
the Boxley Materials Company cement plant has been completed, is operational,
and the company has paid all City taxes due in the first year; after that time, the
IDA will provide grant funds over a period of five years to January 31,2009; each
grant request can be up to, but not exceed an amount equal to 50 per cent of the
amount of the increased real estate taxes paid by Boxley, or others, to the City
564
for such taxes on real property represented by Official Tax Nos. 5220603,
5220607, and 5220608 for the year in question; and the amount of increased
real estate taxes means the difference between the amount of $2,585.77, which
is the current amount of real estate taxes for the above referenced official tax
numbers and the amount of real estate taxes actually paid by Boxley, or others,
in a particular year; and funding for the grant requests will be adopted annually
during the budget process, as appropriate, based on activities undertaken as
above described.
The City Manager recommended that Council approve terms of the
Performance Agreement between the City of Roanoke, the IDA, and Boxley
Materials Company, to provide for a grant up to $154,000.00, as set forth in the
Performance Agreement; and that the City Manager be further authorized to
execute a Performance Agreement among the City, Boxley Materials Company,
and the IDA to and execute such other documents and to take such further action
as may be necessary to implement the Performance Agreement, the form of such
agreement to be approved by the City Attorney.
Mr. Harris offered the following ordinance:
(#36566-:~21503) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the
Industrial Development Authority of the City of Roanoke, Virginia, (IDA), and
Boxley Materials Company(Boxley) that provides for certain undertakings by the
parties, in connection with a road extension of Blue Ridge Drive located in the
Blue Ridge Industrial Park in the City of Roanoke; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 224.)
Mr. Harris moved the adoption of Ordinance No. 36566-121503. The
motion was seconded by Mr. Dowe.
Council Member Cutler requested information in regard to environmental
impacts related to truck traffic, noise, air pollution, etc., in the performance of
Boxley Materials Company.
Ordinance No. 36566-121503 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
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CITY PROPERTY-PARKING FACILITIES: The City Manager submitted a
communication advising that on July 1, 2002, Council accepted the proposal of
Lancor Parking, EEC. to provide management and operation services for certain
City owned and/or controlled parking facilities; as a part of contract
requirements, Lancor was required to provide the City with a performance bond
equal to the total management fee for the three year term of the contract, in
order to guarantee the company's performance of the terms and conditions of
the contract; due to changes in the bond market, Lancor requested that it be
permitted to meet the performance bond requirement by providing the City with
a bond in the amount of the current year's management fee; the bond would
then subsequently be renewed each year over the life of the contract, in an
amount equal to the then current year's management fee; Amendment No. 2
(Attachment Ato the report) provides for a change to Section 2(c) of the contract
to reflect the change to the bond requirement; the alternate bond procedure will
provide the City with more than adequate protection, should the City have a need
to call on the bond.
The City Manager recommended that she be authorized to execute an
Amendment, in a form to be approved by the City Attorney, to the contract
between the City of Roanoke and Lancor Parking, EEC., dated July 1, 2002, to
provide management and operation services for certain City owned and/or
controlled parking facilities, substantially similar to Amendment No. 2
(Attachment A) modifying the performance bond requirement of the contract.
Mr. Harris offered the following ordinance:
(#36567-121503) AN ORDINANCE authorizing an Amendment to the
Contract for Management and Operation Services between the City of Roanoke
and Lancor Parking, L.L.C., dated July 1, 2002, regarding a modification of such
Contract; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 225.)
Mr. Harris moved the adoption of Ordinance No. 36567-121503. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
566
CITY CODE-ENTERPRISE ZONE: The City Manager submitted a
communication advising that the City of Roanoke has two Enterprise Zone
designations; under Division SA, Article II, Chapter 32, "Taxation," of the City
Code, the application deadline for applying for the Enterprise Partial Tax
Exemption incentive is December 31, 2003, for both Enterprise Zone One and
Enterprise Zone Two; the designation for Enterprise Zone One also expires on
December 31, 2003, but the designation for Enterprise Zone Two does not expire
until December 31, 2015, therefore, the appropriate sections of Division 5A need
to be amended to reflect the changes; and the City of Roanoke must continue to
offer incentives for Enterprise Zone Two as previously approved by the
Department of Housing and Community Development, or the City risks losing its
Enterprise Zone designation.
The City Manager recommended that Council adopt amendments to
Division SA, Article II, Chapter 32, "Taxation" of the City Code (§32-101.5) to
extend the date that applications must be filed for Enterprise Zone Two until
December 31, 2015; and adopt amendments to Division 5A, Article II, Chapter
32, "Taxation" of the City Code (§32-101.1, §32-101.S) to delete all references
to expiring Enterprise Zone One as of January 1, 2004.
Mr. Fitzpatrick offered the following ordinance:
(#36568-121503) AN ORDINANCE amending and reordaining Article II,
Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, by amending §32-101.1, Generally, §32-101.3,
Eliqibilityofcommercial or industrial real property, and §32-101.5, Application,
of Division SA, Exemption of Certain Rehabilitated or Renovated Commercial or
Industrial Real Property Located in Either Enterprise Zone One or Enterprise Zone
Two, for the purpose of eliminating Enterprise Zone One and extending the
application time period for Enterprise Zone Two; providing for an effective date;
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 227.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36568-121503. The
motion was seconded by Mr. Dowe.
567
The City Manager advised that the City has applied for redesignation of
Enterprise Zone One, however, no response has been received to date, and it is
anticipated that the predesignation will require submittal of a legislative change
to Council in early January, 2004.
Ordinance No. 36568-121503 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
EQUIPMENT-TOTAL ACTION AGAINST POVERTY-YOUTH: The City Manager
submitted a communication advising that authority for the process of donating
City vehicles and equipment is by letter from the City Manager to the Purchasing
Division; the Total Action Against Poverty (TAP) Program has requested that one
of the City's disposal vehicles be donated to TAP; recently, the TAP Youth Build
Program lost the use of a shared Habitat for Humanities vehicle which was used
to transport workers and equipment to various job sites; due to budget
limitations, TAP is prohibited from purchasing a vehicle; and City staff has
identified one of the Fleet Management vehicles slated to be turned in for
disposal as a potential donor vehicle, at an estimated residual value of
$1,505.00.
The City Manager recommended that Council authorize donation of the
vehicle to the TAP Youth Build Program, in an effort to bring further City
development while providing youth with the skills and discipline required to
effectively function within the working environment.
Mr. Bestpitch offered the following resolution:
(#36569-121503) A RESOLUTION authorizing the donation of a City-owned
vehicle to Total Action Against Poverty in Roanoke Valley, Inc., for use in its TAP
Youth Build Program.
(For full text of resolution, see Resolution Book No. 68, Page 230.)
568
Mr. Bestpitch moved the adoption of Resolution No. 36569-121503. The
motion was seconded by Mr. Cutler.
Council Member Fitzpatrick inquired if a form of release will be executed
by the affected parties releasing the City of Roanoke from potential liability;
whereupon, the City Manager advised that title to the vehicle will be transferred
to the appropriate party.
The City Attorney advised that either insurance or sovereign immunity
would apply to the City in regard to any potential liability.
Resolution No. 36569-121503 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
CITY PROPERTY-INDUSTRIES-PURCHASE/SALE OF PROPERTY-AIRPORT: The
City Manager submitted a communication advising that the sale of 15 acres of
land known as Tract F in the Roanoke Centre for Industry and Technology (RCIT)
has been completed; proceeds from the sale, in the amount of $825,000.00,
need to be appropriated to the RCIT Infrastructure Extension account in the
Capital Projects Fund; the sale of 400 square feet of City-owned property on
Airport Road to the Federal Aviation Administration has also been completed;
and proceeds from the sale, in the amount of $42,000.00, need to be
appropriated to a new account to be established in the Capital Projects Fund,
entitled "Real Estate Acquisition Expense".
The City Manager recommended that Council appropriate funds totaling
$825,000.00 to Account No. 008-052-9632-9003 - RCIT Infrastructure
Extension in the Capital Projects Fund; establish a corresponding revenue
estimate for funds which have been received from the sale of property at the
RCIT; appropriate funding of $42,000.00 to a new account entitled, "Real Estate
Acquisition Expense", in the Capital Projects Fund; and establish acorresponding
revenue estimate for funds which have been received from the sale of property
on Airport Road.
569
Mr. Fitzpatrick offered the following budget ordinance:
(#36570-121503) AN ORDINANCE to establish revenue estimates and
appropriate funding from the sale of property at RCIT and from the sale of
property on Airport Road, amending and reordaining certain sections of the
2003-2004 Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 231.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36570-121503. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS: The City
Manager submitted a communication advising that the State Water Control Board,
through the Department of Environmental Quality (DEQ), is proposing that the
City of Roanoke enter into a Special Order of Consent (Collection System Order)
to make improvements to the waste water collection system, which is a
continuation of the existing Special Order addressing wet weather effects at the
Water Pollution Control Plant by adding requirements to investigate and quantify
sources of inflow and infiltration into the collection system.
It was further advised that sewage collection system consent orders are
being issued to cities throughout the Commonwealth of Virginia and in other
states; costs associated with some of the orders run in the hundreds of millions
of dollars; City staff have worked with other utility members of the Virginia
Association of Municipal Wastewater Agencies to review existing orders and to
structure as reasonable and effective asolution as possible; for example, the City
of Roanoke has agreed as part of the renewal of theWastewater Service Contract
with other local jurisdictions to install flow meters in the collection system for
billing purposes; these same flow meters can be used to meet requirements of
the Collection System Order; and terms of the Collection System Order are still
being negotiated, and upon receipt of a final version, Council will be requested
to review and to authorize execution of the Order.
570
It was explained that substantial study is needed to evaluate the condition
of the collection system and to develop recommendations for specific repairs, or
future construction projects; proposed work will include installation of flow
monitors into various strategic points within the collection system,
implementation of several pilot projects in order to help focus investigation of
inflow and infiltration, and creation of a collection system model.
The City Manager advised that the work has been properly advertised, with
proposals having been received from seven engineering firms; four short-listed
firms were interviewed including Black & Veatch International Company, Hazen
and Sawyer, PC, RJN Group, Inc., and Wiley & Wilson, Inc; the interview selection
committee included representatives from the City's Utility Department, as well as
Roanoke County and the City of Salem; the request for proposals was structured
in a manner so as to allow participation by other local jurisdictions, at their
option, in specific projects or tasks; and the specific project described in the
report does not involve a shared expense agreement with other participating
jurisdictions inasmuch as the work is limited to the collection system
components wholly owned by the City of Roanoke; however, it is anticipated that
each of the participating jurisdictions will have to enter into a Special Order of
Consent and will conduct similar study activities.
It was further advised that the firm of Wiley & Wilson was selected by the
interview panel as the most qualified; an acceptable contract has been negotiated
for the work in the form of a time and materials agreement, with a note to
exceed fee of $1,120,134.00; other anticipated expenses associated with system
modifications needed for the collection system flow meters brings total required
funding to $1,225,000.00; and funds have been budgeted in a capital reserve
account which was developed in anticipation of future debt service requirements.
The City Manager recommended that Council transfer $1,225,000.00 from
Reserve for Future Debt Service (Account No. 003-510-3172-3027) to an
account to be established by the Director of Finance in the Water Pollution
Control Fund entitled, "Collection System Metering and Analysis".
57].
Mr. Harris offered the following budget ordinance:
(#36571-121503) An ORDINANCE appropriating funds for Collection
System Metering and Analysis Services, amending and reordaining certain
sections of the 2003-2004 Water Pollution Control Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 232.)
Mr. Harris moved the adoption of Ordinance No. 36571-121503. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None ................................................... O.
WATER RESOURCES-SEWERS AND STORM DRAINS-BUDGET: The City
Manager submitted a communication advising that the City of Roanoke entered
into acontract dated August 2, 1999, providing for removal, transportation, and
disposal of biosolids with Robinson Pipe Cleaning Company; the contract was
amended three times in accordance with contract provisions, which allow annual
extension of the terms and conditions for up to four additional one-year terms,
for a total of five years; and this year represents the final year of services which
can be authorized by the existing contract through an amendment.
It was further advised that the quality of work by Robinson Pipe Cleaning
Company has been satisfactory for the preceding contract year; wet weather of
the past year, however, directly impacted the quantity of biosolids that could be
land applied (Virginia Department of Health regulations do not permit land
application during rain events or on water-saturated lands); total dry tons of
biosolids land applied was approximately 3,750 drytons, which is short by 4,250
dry tons of the 8,000 dry ton minimum required in the contract documents;
based upon close monitoring of the activities of Robinson Pipe Cleaning by Utility
staff, it is the opinion of staff that the circumstances which caused Robinson Pipe
Cleaning to not meet the minimal work requirements of the contract were beyond
the company's control; the reduction in removal of biosolids has not impacted
the City; the contract contains provisions which allow the City to assess
liquidated damages against the contractor, at a cost of $89.66 per dry ton under
the minimum established contract level; and the City's primary concern is the
potential cost increase for inflation adjustments, which is permitted under
Contract terms, and would bring this year's price to $90.83 per dry ton.
572
It was explained that proposed Amendment No. 4 requires Robinson Pipe
Cleaning Company to honor the price of $89.66 per dry ton for the first 4,250
dry tons; the next 3,750 dry tons, and any additional amounts will be atacost
of $90.83 per dry ton, in accordance with provisions of Amendment No. 4; City
staff recommends a Change Order to Amendment No. 3 to reduce the required
minimum number of dry tons from 8,000 to 3,750; and funding for the work was
established during budget adoption and is available in Account No. 003-510-
3150-2010.
The City Manager recommended that she be authorized to execute a
Change Order to Amendment No. 3, reducing the required minimum number of
dry tons from 8,000 to 3,750; that she be authorized to amend Amendment No.
4 to the contract for an additional one year period, retroactive from October 1,
2003 through September 30, 2004, at a cost of $89.66 for the first 4,250 dry
tons and $90.83 per dry ton for the remaining 3,750 dry tons and any additional
dry tons removed, with a minimum total of 8,000 dry tons and a maximum of
10,000 dry tons of bio-solids removed from the City's Water Pollution Control
Plant; and that the City Manager be further authorized to execute such additional
documents and to take such additional action as may be needed to implement
and to administer the Amendment and Contract, including any further changes
deemed appropriate by the City Manager.
Mr. Cutler offered the following ordinance:
(#36572-121503) AN ORDINANCE authorizing the City Manager's issuance
of a Change Order to Amendment No. 3 to the City's contract with Robinson Pipe
Cleaning Company regarding the removing, transporting, and disposing of
digested lagoon biosolids from the City's Water Pollution Control Plan; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 233.)
Mr. Cutler moved the adoption of Ordinance No. 36572-121503. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None ................................................... O.
573
Mr. Fitzpatrick offered the following ordinance:
(#36573-121503) AN ORDINANCE authorizing execution of an amendment
extending for an additional term of one year a contract with Robinson Pipe
Cleaning Company for removing, transporting and disposing of digested
lagooned biosolids from the City's Water Pollution Control Plant; and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 234.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36573-121503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
CITY CODE-POLICE DEPARTMENT-GRANTS: The City Manager submitted a
communication advising that during fiscal year 2001-2002, Roanoke City Police
Officers arrested 357 individuals for driving under the influence (DUI); during
the same time period, there were 183 alcohol-related traffic accidents; and DUI
arrests totaled 395 in fiscal year 2002-2003, with 187 alcohol-related traffic
crashes, representing an 11 per cent increase in DUI arrests and a two per cent
increase in alcohol-related traffic accidents over the previous fiscal year.
It was further advised that the Roanoke City Police Department continues
to spend a great deal of time, effort and money in combating drunk driving in an
effort to make City streets safer through a variety of special details and
checkpoints conducted to decrease the number of drunk drivers on the streets;
many of these activities were held with the use of grant money to provide
supplemental enforcement to regular on-duty officers; officers distributed
literature to educate motorists on the dangers of drunk driving and what to do if
a drunk driver is spotted by a citizen; and while these efforts serve to help make
Roanoke's streets safer, the problem continues.
574
It was explained that Section 15.2-1716, Code of Virginia (1950), as
amended, allows localities to enact an ordinance to recover reasonable expenses
incurred by the locality from persons violating DUI, reckless driving, driving
without alicense, and other provisions when providing an appropriate emergency
response to any accident or incident related to such a violation; in determining
"reasonable expenses", a locality may bill a flat fee of $100.00, or a minute-by-
minute accounting of actual costs incurred, not to exceed the aggregate of
$1,000.00; for example, Roanoke County and the City of Virginia Beach have
enacted such an ordinance and its Police Departments currently bill convicted
DUI offenders $100.00 to recover costs incurred by the City for the officer's time;
the proposed ordinance will serve to enhance the City's efforts to make its
streets safer and allow the City to recoup a portion of the cost of public
resources expended in response to DUI incidents; Roanoke's General District
Court currently .provides the Police Department with a post-court docket, which
indicates those individuals who are convicted of a DUI offense within the City;
using the information provided through the docket, each offender would be
billed $100.00 by Police Department staff for each DUI conviction using the City-
wide Billing System; and the billing initiative would be handled by the General
District Court at some future date.
It was stated that projected annual revenue is estimated at approximately
$20,000.00; funds recovered through the program would be used by the Police
Department to purchase traffic/DUI enforcement equipment and related
educational materials to enhance the City's efforts to combat drunk driving.
The City Manager recommended that Council adopt an ordinance amending
and reordaining the Code of the City of Roanoke (1979), as amended, by adding
a new section under Article 1, "Section 20-17. Reimbursement of expenses
incurred in responding to DUI incidents and other traffic incidents", to Chapter
20, Motor Vehicles & Traffic, effective January 1, 2004; that Council adopt a
revenue estimate of $10,000.00 in Account No. 001-110-1234-1412, DUI
Offender Fee, for fees anticipated during the second half of fiscal year 2004; and
appropriate funding in the same amount to Account No. 001-640-3113-2035,
Expendable Equipment.
Mr. Fitzpatrick offered the following budget ordinance:
(#36574-121503) AN ORDINANCE appropriating funds for expendable
equipment in the Police Department and establishing a DUI Offender Fee,
amending and reordaining certain sections of the 2003-2004 General Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 235.)
575
Mr. Fitzpatrick moved the adoption of Ordinance No. 36574-121503. The
motion was seconded by Mr. Dowe.
Council Member Bestpitch inquired about the billing initiative; whereupon,
the City Manager advised that billing would be administered by the City's Billings
and Collections Department.
Mr. Bestpitch advised that the City Manager's communication states that
the collection process may be handled by the General District Court at some
future date, which appears to be a more preferable way to collect the fee;
whereupon, the City Manager advised that the goal is to establish the fee,
determine the volume, and work with the Court to determine the most
appropriate way to transfer the collection responsibility. She stated that like
many other communities in Virginia that are experiencing an increase in the
number of traffic accidents that are related to driving under the influence and
leading to more arrests, it is recommended that the fee be initiated as quickly as
possible as a deterrent to driving under the influence; and the court system
imposing the fine would be in the best interest of all persons, but it is important
to ensure that the fine does not inadvertently become associated with other
funds which are required to be divided between the State and the locality.
In regard to the General District Court collecting the fee, Mr. Bestpitch
suggested that the matter be included on the Council's Pending Items List for
further discussion.
Ordinance No. 36574-121503 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
Mr. Dowe offered the following ordinance:
(#36575-12:[503) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by adding a new Section 20-17, Reimbursement of
expenses incurred in responding to DUI incidents and other traffic incidents,
Article I, In General, to Chapter 20, Motor Vehicles and Traffic; providing for an
effective date; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 236.)
576
Mr. Dowe moved the adoption of Ordinance No. 36575-].21503. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None ................................................... O.
BUDGET-GREENWAY SYSTEM: The City Manager submitted a
communication advising that greenways were first proposed for the City of
Roanoke by landscape architect John Nolan in the ].907 and the 1928
comprehensive plans that he developed for the City; Mr. Nolan realized that the
beneficial aspects of greenways extended far beyond their recreational value; and
since that time, the Roanoke Valley community has undertaken an extensive and
ambitious greeways development plan.
It was further advised that the Mill Mountain/Prospect Greenway was
included in the Roanoke Valley Conceptual Greenway Plan and selected as the
region's pilot greenway project in ].995 by the Roanoke Valley Greenways
Commission, which is comprised of representatives of all four Roanoke Valley
governments; as originally envisioned, the greenwaywas to connect three of the
valley's most visited destinations, linking the Market area with attractions on Mill
Mountain, and continuing on to the Blue Ridge Parkway; due to budget
constraints and other factors, the scope of the project has been divided into
phases; and the present phase, the Mill Mountain Greenway was completed in
September 2003, and allows walkers, runners, and bicyclists to travel from the
City Market area, through Elmwood Park, across Elm Avenue and down
Williamson Road, across the Walnut Street Bridge, to Piedmont Park overlooking
the Roanoke River.
It was explained that due to changes in design and corrections to existing
drainage problems, additional work was requested by City staff, which consisted
of substituting planted medians for the concrete barrier shown on the:plan,
adding drainage infrastructure to Williamson Road and Piedmont Street, repaving
of the greenway, addition of sidewalk and curb on Laurel Street, and design
changes at Hamilton Terrace and Piedmont Park; such work has been completed
and a change order is needed in the amount of $].02,559.00; and two change
orders were previously executed administratively.
577 -
The City Manager advised that approval by Council is required inasmuch as
the amount of the change order, combined with the two previous change orders,
exceeds 25 per cent of the original contract amount for the project; and funding
for Change Order No. 3 is available in unspent balances from completed projects,
as follows:
$ 33,083.00
Barnhart Street Drainage Improvements, Account No.
008-530-9811
30,000.00
RCIT Detention Maintenance Design Fees, Account No.
008-530-9789
14,795.00
Roanoke River Greenway Phase 2, Account No. 008-
530-9756
8,887.00
Summit Hills Storm Drain Phase II, Account No. 008-
530-9795
4,586.00
Forest Park Drainage Pr~ect, Account No. 008-052-
9689
4,318.00 Mill Mountain Greenway, Account No. 008-052-9721
3,925.00
SummitHills DrainagePr~ectPhaseI, AccountNo. 008-
052-9695
2,965.00
Ore Branch Channel Design Fees, Account No. 008-
530-9788
The City Manager recommended that she be authorized to execute Change
Order No. 3, in the amount of $102,559.00, with H. & S. Construction Company
for and that Council approve the following transfers:
33,083.00
from Barnhart Street Drainage Improvements,
Account No. 008-530-811;
$30,000.00
from RCIT Detention Maintenance Design Fees,
Account No. 008-30-9789;
578
$14,795.00
from Roanoke RiverGreenwayPhase2, AccountNo.
008-530-9756;
$ 8,887.00
from Summit Hills Storm Drain Phase II, Account No.
008-530-9795;
$ 4,586.0O
from Forest Park Drainage Pr~ect, Account No.
008-052-9689;
$ 3,925.00
from Summit Hills Drainage Project Phase I, Account
No. 008-052-9695; and
$ 2,965.00
from Ore Branch Channel Design Fees, Account No.
008-530-9788; to Mill Mountain Greenway, Account
No. 008-052-9721.
Mr. Cutler offered the following budget ordinance:
(#36576-121503) AN ORDINANCE to transfer funding from various
projects related to Change Order No. 3 for the Mill Mountain Greenway Project,
amending and reordaining certain sections of the 2003-2004 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 239.)
Mr. Cutler moved the adoption of Ordinance No. 36576-121503. The
motion was seconded by Mr. Dowe.
Council Member Cutler suggested that a public event be held at the
appropriate time in recognition of completion of the Mill Mountain Greenwayand
that Council Members either walk or bicycle down the Greenway.
Council Member Bestpitch advised that the City Manager's communication
states that due to changes in design and corrections to existing drainage
problems, additional work was requested by City staff; however, the
communication further states that the work has been completed and a change
order is needed in the amount of $102,559.00 to fund the work. He also
referred to paragraph one on page 2 of the report which states that, "Council
approval is required as the amount of this change order combined with the two
prior change orders, exceeds twenty-five per cent (25%) of the original contract
amount for the project."
579 '
The City Manager clarified that at the point when some of the work was
requested, there was not a clear understanding of total costs; this item would not
routinely come to the Council unless the 25 per cent rule had been exceeded;
two previous change orders were addressed administratively, and the 25 per cent
threshold was reached as the additional items and .corrections were made,
therefore, it became necessary to request action by Council.
Mr. Bestpitch advised that the 25 per cent rule affords the Council the
opportunity to review certain costs in advance, not retrospectively. He stated
that in this instance, he would vote for the ordinance, but he would hope that the
City Manager will refrain from bringing future items to the Council after the fact.
The Mayor inquired as to what measures have been implemented to keep
from exceeding the 25 per cent threshold in the future; whereupon, the City
Manager advised that certain items came in incrementally, as opposed to a total
budget for all items, and it was not until all items were totaled that it was
discovered that the 25 per cent threshold had been exceeded. She stated that
the procedure has been tightened so that if multiple activities occur, they should
be budgeted accordingly before moving forward to ensure that the 25 per cent
threshold is not exceeded in the future.
Ordinance No. 36576-121S03 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
Mr. Dowe offered the following ordinance:
(#36577-121503) AN ORDINANCE authorizing the City Manager's issuance
of Change Order No. 3 to the City's contract with H. & S. Construction Company
for changes in design and corrections to existing drainage problems in
connection with the Mill Mountain Greenway; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 240.)
580
Mr. Dowe moved the adoption of Ordinance No. 36577-121503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
CABLE TELEVISION: The City Manager submitted a communication in
connection with an amendment to update the Roanoke Valley Regional Cable
Television Committee (RVRCTC) Agreement to reaffirm continued participation of
Roanoke City, Roanoke County, and the Town of Vinton in the agreement;
Roanoke County and Vinton adopted revised ordinances and franchise
agreements to support their continued participation in RVRCTC shortly after
Council adopted similar agreements on October 6, 2003; and the amendment
updates the agreement to incorporate the following actions taken by Roanoke
County and the Town of Vinton:
On October 6, 2003, Council adopted Ordinance No. 36503-100603,
which provided for a revised Cable Television Franchise Ordinance for the
City of Roanoke and provided for an effective date of October 31, 2003; on
October 7, 2003, the Vinton Town Council adopted Ordinance No. 792,
which is substantially similar to the City's ordinance; on October 28, 2003,
Roanoke County adopted Ordinance No. 102803-12, which is also
substantially similar to the City's ordinances; the three ordinance provided
that each jurisdiction affirmed its continued participation in and support of
the Roanoke Valley Regional Cable Television Committee (CATV
Committee) which was created by agreement dated June 9, 1992, among
the three jurisdictions (RVRCTCAgreement); such agreement provides for
the Committee to provide for development, administration, and operation
of cable television governmental, educational and institutional facilities
and programming, and referred to prior ordinances adopted by the
jurisdictions in 1991.
It was explained that pursuant to ordinances adopted by each of the
jurisdictions in October 2003, each locality has entered into a Cable Television
Franchise Agreement between the respective jurisdiction and CoxCom, Inc.,
d/b/a Cox Communications Roanoke as of November 1, 2003; the RVRCTC
Agreement needs to be modified to provide references to the current Cable
Television Franchise Ordinances and the Cable Television Franchise Agreements
entered into by each of the jurisdictions; and accordingly, Amendment No. ! to
such Agreement has been drafted and reviewed by legal counsel for the three
jurisdictions and requires approval by Council.
581
The City Manager recommended that Council approve the terms of
Amendment No. ! to the RVRCTC Agreement and authorize the City Manager to
execute the Amendment, in a form to be approved by the City Attorney; and that
the City Manager be authorized to take such further action and to execute such
additional documents as may be necessary to implement and to administer
Amendment No. I to the RVRCTC Agreement and the Agreement itself.
Mr. Dowe offered the following ordinance:
(#36578-t21503) AN ORDINANCE approving and authorizing execution of
Amendment No. ! to the Roanoke Valley Regional Cable Television Committee
Agreement among the City of Roanoke, the County of Roanoke and the Town of
Vinton; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 241.)
Mr. Dowe moved the adoption of Ordinance No. 36578-121503. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT
REPLACEMENT PROGRAM: The Director of Finance submitted a written report
advising that in mid-September, Council was presented with the unaudited total
of funds available for Capital Maintenance and Equipment Replacement (CMERP);
due to the short period of time in which the annual closing process is completed,
the amounts were partially based on estimates; calculations used to achieve the
estimates were based on a 60-day period of availability for revenues received
after year-end and similarly, expenditures are subject to accrual to the extent
that they relate to goods or services received prior to June 30'h.
582
It was further advised that during the course of annual financial statement
preparation, actual revenues and expenditures were identified, and some
adjustments were made to incorporate actual data into the fiscal year 2003
financial statements, which resulted in an adjustment to CMERP for both the
General Fund and the School Fund; adjustments in General Fund CMERPstemmed
from changes in general local tax revenues and an expenditure accrual which
generated a net increase of $175,401.00; of this amount, $101,069.00 was
shared with the School Board based on the revenue sharing formula;
adjustments in the School Fund stemmed from changes in school sales tax
revenues which generated an increase of $103,485.00; total School CMERP
increased $204,554.00, while City-retained CMERP increased $74,332.00; and a
comparison of unaudited and audited CMERP is as follows:
Unaudited Audited Increase
General Fund - City Portion $2,480,774.00 $2,555,106.00 $ 74,332.00
General Fund - School Portion 529,557.00
630,626.00 101,069.00
Total General Fund
$3,010,331.00 $3,185,732.00 $ 175,401.00
SchoolFund
$2,000,149.00 $2,103,634.00 $103,485.00
There being no questions or discussion, without objection by Council, the
Mayor advised that the report would be received and filed.
AUDiTS-PENSIONS-DIRECTOR OF FINANCE: The Director of Finance
submitted Financial Reports of the City of Roanoke and the City of Roanoke
Pension Plan for the year ended on June 30, 2003.
There being no questions or discussion, without objection by Council, the
Mayor advised that the Financial Reports would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
583
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
CELEBRATIONS-DOWNTOWN ROANOKE, INC.: Council Member Dowe
commended all persons responsible for the successful Dickens of a Christmas
which was held on December 5 - 19, 2003, on the City Market in downtown
Roanoke.
CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Having attended the National
League of Cities Congressional City Congress in Nashville, Tennessee, on
December 10- 13, 2003, and talking with officials from other localities around the
country, with regard to various programs, Council Member Wyatt commended the
City of Roanoke on adopting and administrating programs that other localities are
just beginning to think about.
ACTS OF ACKNOWLEDGEMENT-NATIONAL LEAGUE OF CITIES-CITY
INFORMATION SYSTEM-WATER RESOURCES: Council Member Cutler advised that
the City of Roanoke was the recipient of two awards at the National League of
Cities Annual Conference; i.e.:
Center for Digital Government and Micro Soft Award for the best web site
and the-government program of any city the size of Roanoke in the United
States; and
· The James C. Howland Award for Urban Enrichment for the City's water
conservation/education program, "Every Drop Counts."
Mr. Cutler commended City staff for their work which enabled the City of
Roanoke to receive these awards.
NATIONAL LEAGUE OF CITIES: The Mayor advised that during conference
sessions and group discussions, issues of concern to the majority of officials
attending the National League of Cities Annual Conference appeared to be
around funding and the role of local government.
AIRPORT-CELEBRATIONS: The Mayor called attention to the 100'"
anniversary of the Wright Brothers' First Flight (December 17, 1903 -
December 17, 2003) at Kitty Hawk, North Carolina; whereupon, in honor of the
event, he presented each Member of Council with a Certificate establishing the
"Roanoke Air Force".
584
BUDGET: Vice-Mayor Harris advised that the City of Lynchburg has adopted
atwo-year budget cycle; whereupon, he requested that the City Manager contact
officials of the City of Lynchburg to obtain information on the implementation
process and report to Council accordingly.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that Council sets this time as a priority for citizens to
be heard, and matters requiring referral to the City Manager will be referred
immediately for any necessary and appropriate response, recommendation or
report to Council.
SCHOOLS-ARMORY/STADIUM-COMPLAINTS: Mr. Chris Craft, 1501 East
Gate Avenue, N. E., called attention to the need for a closer working relationship
between Council and the School Board; and the need to make changes for the
good of the school system through Council's appointment of an individual to fill
the unexpired term of MelindaJ. Payne, resigned.
He asked that Council seriously consider its action in regard to the
proposed new stadium/amphitheater at Orange Avenue and Williamson Road in
view of toxic waste materials that have been uncovered during excavation and
bids that exceeded the City's estimate for the project. He stated that Victory
Stadium can and will be used if the facility is marketed properly by the City.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia,
spoke in support of marketing and promoting Victory Stadium for college
football games such as Virginia Tech and the Citadel, in addition to local high
school football games. He also spoke in support of naming Victory Stadium in
honor of former Mayor Noel C. Taylor and/or the late Dr. Martin Luther King,Jr.
ARMORY/STADIUM: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke
with regard to the topic of building character as set forth in a proclamation
issued by the Mayor, which emphasized the characteristics of responsibility,
respect, caring, fairness and citizenship. She advised that for months, citizens
have been seeking information on the total cost of the proposed
stadium/amphitheater complex; certain features have been removed from the
proposal and some citizens view such action as a means to separate the cost so
that the base cost of $18 million will not be exceeded. She referred to a Letter to
the Editor which appeared in a recent edition of The £oano/~e Times suggesting
that the money would be better spent on a new'or upgraded library in downtown
Roanoke, or to pay for school supplies that teachers furnish out of their own
personal money because there are insufficient funds in the school budget. She
advised that the City of Roanoke and surrounding localities are loosing jobs at an
alarming rate, and money that could be better spent to encourage economic
development will instead go to the construction of a stadium/amphitheater
complex that will cost more tax dollars.
585
CITY MANAGER COMMENTS:
CITY MANAGER-BUSES: The City Manager advised that at its meeting on
Tuesday, December 9, 2003, the Council oftheTown of Blacksburg unanimously
voted to support the bus shuttle system between the City of Roanoke and the
Town of Blacksburg, which service should be operational by late Spring of 2004.
CITY MANAGER-CITY EMPLOYEES-SNOW REMOVAL: The City Manager
commended City staff for their dedication to clearing streets and parking lots of
public facilities during two recent snow events, both of which occurred during
times of special events in the City of Roanoke.
CITY MANAGER-SNOW REMOVAL: The City Manager encouraged citizens to
clear snow from the sidewalk in front of their residence following snow events.
CITY MANAGER-CITY EMPLOYEES: On behalf of City staff, the City Manager
expressed appreciation to Council for approval of two additional holidays
(December 26, 2003 and January 2, 2004) for City employees. She advised that
staff appreciates the support of Council during the past year; January 1, 2004,
will bring additional opportunities and challenges to the City, and staff is ready
and willing to take Council's leadership and move the City forward to even
greater heights.
At 4:00 p.m., the Mayor declared the meeting in recess for two Closed
Sessions.
At 7:00 p.m., on Monday, December 15, 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 Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick,Jr., and Mayor Ralph K. Smith-6.
ABSENT: Vice-Mayor C. Nelson Harris .............................. 1.
586
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PUBLIC HEARINGS:
ZONING: The Mayor advised that the first public hearing is a joint public
hearing; by Council and the City Planning Commission.
The following City Planning Commission members were present: Gilbert E.
Butler, Jr., D. Kent Chrisman, Paula L. Price, Richard A. Rife, Henry Scholz, and
Fredrick M. Williams, and Chairman Robert B. Manetta ..................... 7.
Pursuant to Resolution No. 25523 adopted bythe Council on Monday, April
6, 1981, the City Clerk and the Secretary to the City Planning Commission having
advertised a joint public hearing for Monday December 15, 2003, at 7:00 p.m.,
or as soon thereafter as the matter may be heard by the City Planning
Commission and the Council, on a proposed amendment to the Code of the City
of Roanoke (1979), as amended, §36.1-25, Definitions, and §36.:~-207, Special
exception uses, to permit the establishment of outpatient mental health and
substance abuse clinics as a special exception use only in the C-2, General
Commercial District, of the City of Roanoke, the matter was before the two
bodies.
Legal advertisement of the joint public hearing was published in The
Roanoke Times on Friday, November 28, 2003 and Friday, December 5, 2003;
and in The Roanoke Tribune on Thursday, December 4, 2003.
Chairman Manetta called on R. Brian Townsend, Agent to the City Planning
Commission, to present the report of staff.
Mr. Townsend advised that:
The City's Zoning Ordinance currently provides a single broad definition of
a medical clinic, defining such as an establishment which offers medical or
health related counseling or treatment including dental, optical and
psychiatric treatment, where treatment is offered by more than two
licensed professional medical practitioners.
587 -
A medical clinic is currently permitted as a use by right in the C-2, General
Commercial District, and in the C-3, Central Business District, and is
permitted by special exception in the CN, Neighborhood Commercial
District, the C-l, Office District, and the LM, Light Manufacturing District.
The current definition of medical clinic covers a wide range of medical
specialties and practices and services; while most medical facilities and
clinics have similar physical functional and land use characteristics, there
are other types of facilities that by nature of their operational and
functional needs or characteristics could have potential adverse impacts on
adjacent land uses. Certain medical clinics which provide services for drug,
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 current zoning ordinance definition.
in order to more clearly define and regulate certain types of medical clinics
which tend to exhibit these unique functional and operational
characteristics, the proposed text amendments establish a newly defined
land use as follows: the definition of outpatient mental heath and
substance abuse clinic is "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".
The proposed text amendments would permit outpatient mental health and
substance abuse clinics in the C-2, General Commercial District, upon the
issuance of a special exception by the Board of Zoning Appeals; such
regulation would provide a specific process for the review and approval of
these unique types of medical facilities, including general public notice of
such proposed use, the notification of abutting property owners, and a
public hearing by the Board of Zoning Appeals.
The proposed text amendments allow for retention of the current
definition and regulation of other types of medical clinics as originally
contemplated by the Zoning Ordinance; strengthen the City's ability to
preserve the integrity of future land uses and provide a public forum for
consideration of those medical facilities exhibiting unique operational and
functional characteristics; provide the City with a process to better address
the potential concerns of higher intensity medical facilities; further the
recommended actions of Vision 2001-2020 to update the Zoning
Ordinance to accommodate changes in land uses, and to protect and
improve the quality of life in the City's neighborhoods. The proposed
588
amendments also are consistent with Vision 2001-2020 policies that stress
compatibility of uses and protection of the City's neighborhoods.
Mr. Townsend advised that given the evolution of health care delivery
systems and the recommendations of the Comprehensive Plan to update the Zoning
Ordinance to accommodate changes in land uses, Planning staff recommends to the
City Planning Commission that the proposed text amendments be approved.
Chairman Manetta opened the floor for remarks.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke in opposition to the
location of the proposed methadone clinic on Hershberger Road, N. W.;
whereupon, Mr. Townsend clarified that the City Planning Commission and the
Council cannot adopt an amendment that retroactively addresses a site that has
already been approved for such a clinic under the current zoning ordinance;
therefore, the matter currently before the Planning Commission and Council does
not apply to the Hershberger Road location, but would apply to any other clinic
that would wish to locate in any other location within the City.
He further clarified that there is no request to rezone the property at 3208
Hershberger Road for the location of a methadone clinic; there is no ability under
the existing City Code to provide any mechanism for the City to receive, approve
or disapprove a request to establish a clinic on property that is currently zoned
as required; Council has no authority to approve or disapprove the request, and
Council and the City Planning Commission are attempting to change the City
Code so that in the future, if similar situations arise, the City of Roanoke will
have the authority to address such requests.
The Mayor advised and Chairman Manetta affirmed that the public hearing
is not specifically for the purpose of addressing the location of a methadone
clinic on Hershberger Road and there will be an opportunity for persons to speak
to the issue at the end of the Council meeting under Hearing of Citizens. Ms.
Janet Crawford, 173! Kings Mill Drive, Salem, Virginia, President, Mental Health
Association of the Roanoke Valley, spoke as an individual with 20 years of
experience in the administration of psychiatric and substance abuse outpatient
and inpatient facilities. She stated that the Board of Directors of the Mental
Health Association of Roanoke Valley believes that the language included in the
proposed amendment is rather broad in scope; over 50 per cent of those persons
who receive psychiatric medications go to their family practitioners, internists,
and cardiologists, etc., rather than to a mental health clinic; and the language of
the proposed amendment would affect those practitioners inasmuch as the
language refers to anyone dispensing pharmaceutical medication. Therefore, she
stated that the proposed amendment will ultimately restrict the availability of
services to those who are in need, and create more obstacles than are necessary
589 -
as professionals begin to establish practices. She advised that although she
understands the intent of the proposed amendment, it is requested that Council
use caution so as not to restrict access to services and the ability of providers to
establish clinics and practices in those areas that need services.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the proposed
amendment provides that those in the C-2, General Commercial District, are, by
right, entitled to establish a medical clinic as is currently defined or permitted,
however, the current definition proposes that there be approval through a special
exception issued by the Board of Zoning Appeals, which would include a public
hearing by the Board of Zoning Appeals. She stated that the proposed
amendment does not provide guidelines as to requirements that must be met in
order to receive a special exception permit, nor does it provide for a definitive
use of potential adverse impacts on adjacent land uses, but more importantly,
the City's Vision 2001-2020 Comprehensive Plan emphasizes protecting and
improving the quality of life in the City's neighborhoods. Therefore, she inquired
if any Member of Council would want this type of clinic in their neighborhood.
She stated that if there are to be special exceptions, guidelines should be in
place specifically setting forth those requirements that must be met in order to
issue a special exception. She stated that it is unfortunate that a retroactive
provision is not included in the proposed zoning ordinance amendment, no
effective date of the proposed amendment is included in the ordinance, and
inasmuch as the proposed methadone clinic on Hershberger Road can locate
under the existing ordinance, there is no need to rush the adoption of the
proposed zoning ordinance amendment. Therefore, she suggested that more
work should be done on the proposed amendment.
Ms. Bethel also advised that the community is concerned about letting their
voices be heard before the appropriate officials in Richmond in an effort to
prevent the methadone clinic from locating on Hershberger Road, and inquired
as to what agency/entity is charged with the responsibility of acting on the
application.
Ms. Perneller Wilson, 3045 Willow Road, N. W., spoke in opposition to the
proposed methadone clinic on Hershberger Road due to the number of schools
and children of all ages who walk to and from school. She expressed pride in
Roanoke because both the black community and the white community have come
together to speak out on this issue.
590
Mr. Robert Gravely, 729 Loudon Avenue, N.W., advised that the citizens of
Roanoke should have been informed of the proposed methadone clinic on
Hershberger Road before a license was issued by the State. He stated that
Members of Council and City officials are elected and employed to represent all
of the citizens of Roanoke, but citizens are not informed of important decisions
until after the fact. He advised that a State representative should have attended
the Council meeting to provide answers to questions raised by citizens on the
proposed methadone clinic on Hershberger Road.
Ms. Gall Burruss, 2519 Creston Avenue, S. W., Director, Prevention
Assessment Counseling Services, Blue Ridge Behavioral Healthcare, expressed
concern that the proposed zoning ordinance amendment is so broad in scope
that it could include primary care physicians who prescribe medications such as
anti depressants, or licensed counselors and social workers who see a wide
variety of patients dealing with issues such as grief, adjustment problems, family
issues, or not for profit organizations such as Blue Ridge Behavioral Healthcare,
or providers of family services that offer counseling, or faith based organizations
seeking to provide faith based services to those with mental illness and/or
substance use disorders. She stated that if the intent of the proposed
amendment is to provide for zoning review of clinics that dispense methadone
for opium addicts, she would encourage consideration of limiting the amendment
for that purpose. She encouraged City officials to recognize the inherent
problems associated with such a broadly worded amendment and not adopt the
proposed language. She advised that concerns about the location of methadone
clinics in the community are understood and it is hoped that in time the
discussion will progress beyond just location, which is important but not the only
issue, to determine how methadone may or may not contribute toa continuum of
treatment and rehabilitation for citizens who are addicted to opiates and other
drugs.
Mr. Townsend was called upon to respond to questions/concerns raised by
various speakers; whereupon, he advised that the proposed ordinance would
become effective upon the affirmative vote of five members of the Council; the
definition is atwo-prong approach: an establishment which provides outpatient
service related to the treatment of mental health disorders, alcohol or other drug
or substance abuse disorders, which is not a primary care physician's office, or
an establishment that provides counseling, or a non profit or religious type of
counseling service, such as an Alcoholics Anonymous meeting; the definition is
broad enough to address the function of an establishment that has both the
treatment/counseling and the dispensing and administering of controlled
substances, while not including the primary care physician who may dispense
controlled substances related to pain relief/control and not related to substance
abuse; and no medications were listed because, either by trade name or by
chemical make up, they may not include certain types of medications that would
otherwise either supercede or take the place of methadone sometime in the
591
future, but would ultimately have the same effect. He explained that the
proposed amendment includes no guidelines, because the zoning ordinance
provides the Board of Zoning Appeals with a list of six general guidelines that
apply to consideration of special exception uses, therefore, the zoning ordinance
provides the Board of Zoning Appeals with guidance as to those things that
should be considered when reviewing an application for sPecial exception; also,
the Board of Zoning Appeals, under its powers of special exception, can impose
conditions, and a time limit for the granting of any special exception from one to
five years depending on the context and circumstance of the application and its
location. He added that some of the issues that have been addressed by previous
speakers are those kinds of things that would be discussed by the Board of
Zoning Appeals at a public hearing regarding a special exception; and certain
comments made by speakers this evening related to the Hershberger Road
location, which, under the current zoning ordinance is a by right situation, are
those things that would be discussed if the proposed regulations were in place
and a special exception was required for this type of use. He explained that the
proposed amendment would not preclude a general practitioner from writing a
prescription for which they are legally permitted to write and the patient taking
the prescription to their local pharmacy to be filled, inasmuch as the prescription
would be for a controlled substance other than mental and substance abuse
problems.
Mr. Townsend advised that controlled substances are highly regulated by
the Commonwealth of Virginia and the Department of Mental Health and
Substance Abuse; and all clinics that dispense and administer controlled
substances must be licensed by the Commonwealth of Virginia, as well as a
licensing requirement by the Federal Government, Drug Enforcement Agency.
Further discussion ensued following which the City Attorney suggested
certain amendments to the proposed ordinance to address various questions and
concerns raised by speakers and to tighten up the language. He proposed to
insert the word "primarily" after the word "services" in line 2 of the definition and
to delete the word "including" and insert the words, "which services include" in
lines 3 and 4 of the definition.
Following further discussion, the proposed amendments to the ordinance,
as above stated by the City Attorney, were approved by unanimous vote of the
City Planning Commission and recommended to Council for approval.
592
Mr. Fitzpatrick offered the following ordinance, as amended.
(#36579-121503)AN ORDINANCE to amend and reordain §36.1-25,
Definitions, of Article II, Construction of Language and Definitions, and §36.1-
207, Special exception uses, of Division 3, Commercial District Regulations, of
Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City
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; and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 242.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36579-~21503, as
amended. The motion was seconded by Mr. Dowe.
Mr. Fitzpatrick advised that if there is a need, over time, to make revisions
to the ordinance, he would encourage staff to bring the matter to the Council's
attention as soon as possible; the proposed methadone clinic on Hershberger
Road is a crisis in northwest Roanoke that Council cannot legally address by the
Council's action this evening, however, an additional level of control has been
created which provides a means for local input before the State can issue a
license for similar types of clinics in the future.
Mr. Dowe encouraged citizens to continue to maintain communication with
Council leading to proactive measures to either sustain or prevent situations like
this from happening in the future. He expressed appreciation to Elder Shadrack
Brown and the congregation of Garden of Prayer Church for their interest in the
proposed methadone clinic on Hershberger Road. He stated that it is also
important to remember that there are persons who will be helped by these types
of facilities, it is enlightening to see the entire community stand consistently
behind the issue, and encouraged citizens of Roanoke to continue to be vigilant
with regard to issues that affect their community.
593
Ms. Wyatt advised that Council has done and will continue to do everything
it can to prevent the proposed methadone clinic from opening on Hershberger
Road; however, Council's hands are tied because it must abide by State laws and
regulations that govern the facility, and the only action that can prevent the
methadone clinic from opening is failure by the State to issue a license. As a
retired school teacher, she advised that she has no problem in speaking with
State officials, or writing letters and making telephone calls expressing her
concern because the proposed facility will be in close proximity to elementary,
middle, and high schools as well as local churches. By the same token, she
advised that some people need help, but there are more appropriate locations to
establish a methadone clinic than the proposed Hershberger Road location.
Mr. Cutler referred to a communication from the City Attorney on the
subject of methadone clinics and inquired if language in the proposed zoning
ordinance amendment will make the ordinance as defensible as possible if
challenged through the court system.
The City Attorney advised that staff has tried to incorporate language that
will not create problems for other professionals in the City of Roanoke; he would
not suggest that the ordinance be any more restrictive than that which is
proposed, and the ordinance will be saved from legal challenge by virtue of the
fact that the use is permitted by special exception in the C-2, General
Commercial District, which includes a fair amount of property in the City.
There being no further speakers or questions and comments by Council
Members, the Mayor declared the public hearing closed.
Ordinance No. 36579-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: NONE ................................................... O.
(Vice-Mayor Harris was absent.)
The meeting of the City Planning Commission was adjourned.
SCHOOLS: Inasmuch as there will be avacancyon the Roanoke City School
Board, effective December 31, 2003, created by the resignation of Melinda J.
Payne, pursuant to the instructions of Council, the City Clerk having advertised a
public hearing for Monday, December 1S, 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 regarding appointment of a School Trustee to fill the unexpired
term, the matter was before the body.
594
Applications for the vacancy were received in the City Clerk's Office until
5:00 p.m., on Friday, December 12, 2003. The following persons submitted
applications:
Chris Craft
Harry Davis
Alice Hincker
Alvin L. Nash
Carla Terry
Legal advertisement of the public hearing was published in The Roanoke
Times on December 5, 2003; and The Roanoke Tribune on Thursday,
December 4, 2003.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing; whereupon, the following persons
addressed Council:
Mr. Buck Elwell, 2123 Laburnum Avenue, S. W., spoke in support of the
application of Alice Hincker. He advised that the City is presently at a significant
crossroads with respect to the oversight that the School Board exercises over the
City school administration; therefore, a strong individual to fill Ms. Payne's
unexpired term is needed, and that person is AliceHincker. He stated that Ms.
Hincker has been an involved parent in the City school system for a long time,
she is familiar with school issues, she has the energy and the commitment to do
the job, she is dedicated to the cause, i.e.: Roanoke City Schools, teachers,
students and parents, and she will be a contributing member at the outset. He
asked that Ms. Hincker not be viewed as an individual with a single cause -
school safety - but that she would bring a wealth of knowledge as an involved
parent, an active member of the Parent-Teacher Association, and an involved and
concerned citizen who is willing to address issues of importance to the School
Board.
Mr. Bud Conklin, 4569 Keagy Road, S. W., Director of Dental Services for
Carillon Health Systems, spoke in support of the application of Harry Davis. He
advised that he served with Mr. Davis in connection with the Community Based
Health Care Coalition, which was made up of community service organizations
such as CHIP, TAP, Headstart, Roanoke City School nurses, and a number of lay
advisory persons who were charged with the responsibility of solving the dental
crisis access problem for underserved children in the community and the region.
He stated that through the efforts of Mr. Davis, financial resources were
identified which led to the establishment of the pediatric dental clinic at
Community Hospital now administering to under served children in Roanoke City
595
and surrounding areas. He further stated that Mr. Davis .is committed to
children, he has an accounting background with a keen understanding of
financial matters, he expects accountability from both individuals and
organizations, and he pays close attention to detail in terms of process and
outcomes, he is a man of his word, and he is impassioned toward community
service to improve and to make a positive difference in the lives of those that he
serves. He added that it was reported in a recent newspaper article that Mr.
Davis served on the School Board from 1996 to 1998, and during that time he
questioned issues of compensation, budget and purchasing practices; however,
having served on a number of committees, he can attest to the fact that there is
always someone who calls the question, who challenges the status quo, and
often these people are labeled as "loose cannons"; however, he has found them
not to be a deterrent, but an asset to the organization, oftentimes they are right
and if not, they cause the powers that be to examine the process.
Ms. Cynthia Shelor, 370 Walnut Road, City of Salem, and a business owner
in the City of Roanoke, spoke on behalf of the application of Harry Davis. She
advised that Mr. Davis spends a great deal of time researching issues so that he
can be well informed before acting, he is detail oriented, and fully understands
budgets and finances; he showed in his past service on the School Board the
determination to make the school system as efficient as possible; and he has a
passion for the school system's ability to provide students of the City of Roanoke
with a safe environment in the best possible facilities in order to receive the
quality of education they deserve.
Ms. Vicky Lionberger, 2508 Laburnum Avenue, S. W., President, Raleigh
Court Elementary School PTA, spoke on behalf of the application of Alice Hincker.
She publicly expressed appreciation to Ms. Hincker for her work toward the
betterment of Roanoke's school system, because many troubling issues facing
the Roanoke City School Board would continue to be unknown to the citizens of
Roanoke were it not for Ms. Hincker's unselfish giving of her time and research to
uncover errors and questionable practices of the school administration. She
stated that Ms. Hincker has a Bachelor of Science degree in special education,
she has served on countless school PTA boards, she currently serves as Co-Chair
of the Patrick Henry PTSA School Safety Committee, and Chair of the Roanoke
School Violence Protection Coalition. She expressed admiration for Ms. Hincker,
the mother of two children attending Roanoke City Public Schools, who have not
been directly affected by school violence, yet she has been willing to involve
herself in the issue because she cares for all students and school system staff.
She referred to a recent article in The Roanoke Times in which the Assistant
Superintendent of Schools is quoted as saying that Roanoke City Schools have
seen a drop in enrollment by 211 students this year, when in recent years, there
was an average of 25 students. She stated that the loss of 211 students
translates to approximately $1 million in lost funds for the school system; the
Assistant Superintendent stated that the controversy surrounding the school
596
system may have contributed to the dramatic drop in enrollment; whereupon, she
advised that the reality of the situation will come next year when even more
dramatic numbers will be seen and there will be an even greater decrease in
2004 enrollment. She added that the Superintendent of Schools has stated that
the decline in enrollment has come at the elementary school level, therefore, the
violence issues and overall lack of confidence in the school system cannot be the
cause for the decline; however, she disagreed with the Superintendent's
statement because families who have children in elementary schools are fearful
of sending their children to middle and high schools in the City, and they are
leaving the City of Roanoke for other Roanoke Valley jurisdictions where there
might be a safer school environment. In addition, she stated that there is the
controversy of cost to the City of Roanoke in regard to lost future economic
development. As Chair of the Roanoke School Violence Protection Coalition, she
advised that Ms. Hincker is a team player as well as a leader, she can bring a
group of people together to meet common goals, and she is an honorable
woman who has the desire, commitment, education and time to serve on the
Roanoke City School Board. She stated that her question to the Council is: Will
Council stick its head in the sand and appoint another person to the School
Board who will be another yes person to Dr. Harris and the current School Board,
or will Council appoint a person who is not afraid of hard work, who will ask the
tough questions, who will make the right decisions for the betterment of
Roanoke's children and its schools.
Mr. Butch Lewis, 6830 Bowers Road, N. W., spoke in support of the
application of Alice Hincker. He advised that the Roanoke City School Board has
an obligation to provide a safe, positive learning environment for its young
people; each Board member is entrusted with the responsibility to focus on
issues that will secure this atmosphere; in choosing a person to fill the vacant
School Board position, it is hoped that Council will appoint a person who will
stand up and ask the tough questions, a person who will stand up for all those
affected by the learning environment students, faculty and administration. He
commented that Ms. Hincker came into the spotlight as a result of her concerns
regarding school safety, she looks at the big picture and her tireless commitment
to the safety of Roanoke's schools has been noticed. He stated that if Ms.
Hincker is appointed to the School Board, everyone will benefit and the
educational future of Roanoke's young people to receive a quality and safe
education will be improved.
Mr. Matthew Reams, 1930 Sheffield Road, S. W., spoke on behalf of the
application of Alice Hincker. He advised that Ms. Hincker is an advocate for
children, teachers and the schools; she has worked tirelessly to uncover the
truth, and it was Ms. Hincker who first brought to the public's attention the issue
of under reported school violence in Roanoke's schools. He stated that Ms.
Hincker has supported those who were wrongly disciplined as a result of coming
forth with the truth; she stood behind Officer Butch Lewis when he was
597
reassigned from Patrick Henry High School to a midnight patrol position, a
reassignment that many feel was motivated by his willingness to speak out
regarding the under reporting of school violence. He added that Ms. Hincker
realizes the importance of working with the entire community, and not just a
small segment; she co-founded the Roanoke School Violence Protection Coalition
in an effort to include all members of the community in finding ways to reduce
violence in the schools and she represents a large number of citizens and
taxpayers who believe that their voice is not currently being heard by members
of the Roanoke City School Board. He advised that Ms. Hincker believes the
school system can be better, Roanoke's school system does a great number of
things well, but if many students do not feel safe, if many parents fear for the
safety of their children, if many teachers fear retribution by standing u p for what
is right, then all advances that have been made will fall by the wayside.
Ms.Carol Brash, 2259 Westover Avenue, S. W., spoke in support of the
application of Carla Terry. She advised that Ms. Terry possesses the qualities
that are necessary for a good School Board member; she is committed as a
mother and a wife and to her church, she is President of the Addison Middle
School PTA, even though she has no children enrolled in the school; she is a
professional and deals with people in a professional manner; she cares deeply
about Roanoke City and is dedicated to service through her church and other
-community service organizations; and she treats others with respect while
honestly expressing her thoughts, standing up for her beliefs and working
toward building consensus which is needed in Roanoke's schools.
Ms. Lynne Victerine, 222! Ross Lane, S. W., spoke in support of the
application of Harry Davis. She advised that Mr. Davis previously served on the
School Board, he was a man with an extreme passion and commitment to
Roanoke City Public Schools; he has a history of distinguished public service as a
veteran of the United States Army and served his country with distinction as a
member of the Special Forces in Vietnam. She stated that he served as a member
of the School Board from 1996-1998 and currently serves as President of the
Roanoke Rescue Mission. She advised that Melinda Payne's departure from the
School Board comes at a very critical time; the School Board is in the midst of
budget considerations; the School Board deals with a multi-million dollar budget
and it seems reasonable that it would be helpful to the current School Board to
appoint a person with past experience to the unexpired term, therefore,
Mr. Davis would fill that responsibility with a minimum of transitional
preparation, and his exceptional knowledge of financial matters would be
beneficial in restoring confidence in the School Board's fiduciary stewardship. As
a former member of the School Board, she advised that Mr. Davis took his
responsibilities seriously and traveled extensively to conferences in order to
598
learn as much as possible about the schools and to bring back ideas to
Roanoke's school system; he actively sought input from stakeholders, including
parents, teachers and administrators; he was willing to change his position on
various issues when presented with information that suggested a better way; and
he was ahead of the curve on school safety issues.
Mr. Alex Hincker, 4024 South Lake Drive, S. W., spoke in support of the
application of his mother, Alice Hincker. He advised that his mother is a
determined person which is a quality that is needed on the School Board; and she
has been involved in numerous school projects while continuing to care for her
family. He stated that she is willing to make sacrifices in the best interestofthe
schools and Roanoke's children; and people sometimes tend to be uncomfortable
with her because she frequently asks questions and speaks freelywhen there are
problems. He stated that Alice Hincker would be the best choice when filling the
unexpired term of MelindaJ. Payne on the School Board.
Ms. Cheryl Evans, 1204 Summit Avenue, S. W., spoke in support of the
application of Carla Terry. She called attention to Ms. Terry's leadership
capabilities, and be commitment and dedication to her job, to her neighbors and
to her neighborhood. She referred to Ms. Terry's passion to become a member
of the Roanoke City School Board and advised that she would bring a fresh,
unblemished approach to the Board.
Ms. Leslie Harris, 1204 Summit Avenue, S. W., spoke in support of the
application of Carla Terry. She advised that Ms. Terry may not be a teacher by
profession, but she makes many contributions to the learning environment of
students at Addison Middle School. She stated that Ms. Terry appreciates
students, faculty and others and she will bring a fresh approach to the School
Board to ensure a comfortable learning and teaching environment.
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, spoke in support of
the application of Chris Craft. He advised that several quality applicants have
applied for the position and Council will have a difficult job in making its
decision because Roanoke's schools are vital and it is important to appoint the
right people to School Board positions.
Ms. Joy Sylvester-Johnson, 402 Bullitt Avenue, S. E., spoke in support of
the application of Harry Davis, who currently serves as President of the Roanoke
Rescue Mission Board of Directors. She advised that Mr. Davis is a hands on type
of leader who sets an example through his volunteer service. She stated that he
has a kind heart, he is well intentioned, and he wishes to serve on the School
Board because he cares about Roanoke and realizes that what happens in the
school system and what happens to the children in the school system has a
direct impact on the future of Roanoke.
599
Ms. Donna McGuirt, 4007 Belford Street, S. W., spoke on behalf of the
application of Alice Hincker. She advised that she is the parent of two children
currently enrolled in the Roanoke City School System; and along with other
parents, she is currently considering whether or not to keep her children in
Roanoke City School Systems. She expressed a desire that Roanoke's school
system will remain strong and continue to provide a safe environment for
children to learn, which is of first and foremost importance. She asked thata
person of Ms. Hincker's caliber be appointed who will return a level of confidence
to the School Board and to Roanoke's school system. She advised that Ms.
Hincker has served as President of the Raleigh Court Elementary School, she
tirelessly works for Roanoke's children, and she is dedicated, highly organized,
energetic and dynamic.
Ms. Perneller Chubb-Wilson, 3045 Willow Road, S.W., spoke in support of
the application of Harry Davis. She advised that Mr. Davis is a man of integrity,
knowledge, skills and the ability to help all races of children. She expressed
appreciation to all persons who have offered themselves for appointment and
advised that there are some strong candidates who have applied for the position.
There being no further speakers, the Mayor declared the public meeting
closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 15, 2003, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Edward A. Natt, Attorney, representing Farren
and Lynette Webb, that property located at the intersection of Yellow Mountain
Road and Melcher Street, S. E., described as Official Tax No. 4300722, be
rezoned from CN, Neighborhood Commercial District, to RM-1, Residential
Multifamily, Low Density District, subject to certain conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rne$ on Friday, November 28, 2003 and Friday, December 5, 2003.
6OO
The City Planning Commission submitted awritten report advising that the
petitioner proposes to subdivide the subject property and construct three single-
family homes on three lots; given the fact that the subject property has no
frontage on Garden City Boulevard and that the balance of the block face of
Melcher Street on which the subject property has frontage is zoned RM-1,
application of the RM-1 zoning classification to the subject property would be
consistent with the residential development along Melcher Street and would
preclude commercial development along a residentially developed block; and the
residential development pattern of Melcher Street includes single-family
residential structures ranging in size from 700 square feet to :1600 square feet.
Also, given the subject parcel's lack of frontage on Garden City Boulevard
and the residential development pattern of Melcher Street, the subject property
creates an appropriate location for single-family residential development; and
such zoning designation would further define the CN, Neighborhood Commercial
District, along Garden City Boulevard and maintain its focus near the intersection
of Yellow Mountain Road.
The City Planning Commission recommended that Council approve the
request for rezoning, given the existing residential development pattern of
Melcher Street.
Mr. Dowe offered the following ordinance:
(#36580-121503) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 430, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 244.)
Mr. Dowe moved the adoption of Ordinance No. 36580-121503. The
motion was seconded by Mr. Cutler.
Edward A. Natt, Attorney, representing the petitioner, appeared before
Council in support of the request of his clients.
601
The Mayor inquired if there were persons present who would like to speak
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or questions by Council Members, Ordinance
No. 36580-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS:NONE ................................................... 0.
(Vice-Mayor Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 15, 2003, at 7:00 p.m., or soon thereafter as the matter may
be heard, on a request of Super D Holdings, L.L.C., that property located at 414,
416, 418 and 420 Ninth Street, S. E., identified as Official Tax Nos. 4112708 -
4112711, inclusive, be rezoned from C-2, General District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 28, 2003 and Friday, December 5, 2003.
The City Planning Commission submitted a written report recommending
that Council approve the request for rezoning, as amended, to include limiting of
any drive-through facility to pharmacy use only, limiting use of the property to
"neighborhood retail establishments" and clarification of transparency on the
front fa(;ade of the building; the application of CN, Neighborhood Commercial
District, to the four subject properties is consistent with the future land use
recommendations of the Belmont-Fallon Neighborhood Plan, and the proffered
conditions comply with the village center design principles as set forth in Vision
2001-2020.
602
The Planning Commission submitted an additional report advising that
subsequent to the Planning Commission action on November 30, 2003, aSecond
Amended Petition was filed on November 26, 2003, which includes one
additional proffered use not considered by the Planning Commission during its
public hearing.
Background: A Petition to Rezone the four subject properties was filed on
September 30, 2003; a First Amended Petition, with conditions, was filed on
November 20, 2003; a Second Amended Petition, with conditions, was filed on
November 26, 2003; and conditions proffered by the petitioner in the Second
Amended Petition are as follows:
The building will face Ninth Street.
There will be no parking between the building and Ninth Street.
At least 20 per cent of the front fa(;ade of the building facing Ninth Street
shall consist of plate glass.
Use of the property will be limited to neighborhood retail establishments
as set forth under paragraph 22 of the Neighborhood Commercial District
and restaurants not to exceed 25 seats as set forth under Paragraph 20 of
the Neighborhood Commercial District, provided that a drive-thru may be
permitted for pharmacy use only.
The Planning Commission advised that the Second Amended Petition includes
amended and additional proffered conditions as set forth by the petitioner and
recommended for approval by the Planning Commission on November 20, 2003,
which include clarification of "transparency" on the front fa(;ade of the building,
limitation of any drive-through facility to pharmacy use, and limitation of use of the
subject properties to "neighborhood retail establishments", as set forth in Section
36.1-164(22) of the Zoning Ordinance, which sets out the permitted uses in the
Neighborhood Commercial District.
In order to further define and more clearly reflect the intended use of the
subject properties proposed to include a pharmacy, retail sales and a sit-down
deli component, the Planning Commission further advised that the Second
Amended Petition proffers restaurants, not to exceed 25 seats, in addition to
"neighborhood retail" as an additional proffered use of the property; and this
specific proffer was not considered by the Planning Commission during its public
hearing.
603 '
Given that the request to rezone the property from C-2, General Commercial,
to CN, Neighborhood Commercial, is a down-zoning and is consistent with the
future land use recommendations of the Belmont-Fallon Neighborhood Plan, and
given that the permitted uses of the CN District are consistent with the village center
concept of neighborhood-oriented, pedestrian-friendly commercial uses, the
request to include restaurants as a proffered use, particularly with a seat limitation,
is supportable.
The City Planning Commission recommended that Council approve the
request for rezoning as stated in the Second Amended Petition, including a
proffer permitting a restaurant not to exceed 25 seats.
Mr. Dowe offered the following ordinance:
(#3658:L-121503) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 246.)
Mr. Dowe moved the adoption of Ordinance No. 36581-121503. The
motion was seconded by Mr. Cutler.
Edward A. Natt, Attorney, appeared before Council in support of the
request of his client.
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 questions or comments by Council Members, Ordinance
No. 36581-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................. 6.
NAYS: None .................................................. O.
(Vice-Mayor Harris was absent.)
604
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 15, 2003, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Norman R. and Marie A. Pratt that certain
parcels of land located at the intersection of Stewart Avenue and 9'h Street, S. E.,
identified as Official Tax Nos. 4112016-4112018, inclusive, be rezoned from
RM-2, Residential Multi-family, Medium Density District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/me$ on Friday, November 28, 2003, and Friday, December 5, 2003.
The City Planning Commission submitted awritten report advising that the
petitioner requests the rezoning of three vacant parcels of land in the 800 block
of Stewart Avenue, S. E., for the purpose of permitting an automobile repair
establishment on the property.
It was explained that the subject parcels are located in a residential block
of Stewart Avenue, including both block faces, and are adjacent to the village
center which extends along 9'h Street from Tazewell Avenue to Highland Avenue;
land uses around the subject parcels include single-family residential, multi-
family residential, institutional and commercial uses; and the surrounding land
uses and zoning districts include:
A multi-family dwelling directly adjacent to and to the west of the
subject properties along Stewart Avenue zoned RM-2, with the
balance of the Stewart Avenue block face also zoned RM-2 and
including a vacant lot, one single-family dwelling and two
multifamily dwellings;
A church and associated surface parking lots directly across Stewart
Avenue from the subject parcels, zoned RM-2, Residential Multi-
family Medium Density District;
A single-family dwelling and a restaurant across the alley and to the
north of the subject parcels, fronting on Tazewell Avenue zoned C-
2, General Commercial District;
A small vacant lot and a single-family home across 9'~ Street from
the subject properties to the east zoned C-2; the single-family
home, located on the northeast corner of 9'" Street and Stewart
Avenue, is oriented towards Stewart Avenue.
605
It was advised that the request to rezone the subject parcels to C-2,
General Commercial District, with conditions, is inconsistent with the following
statements and recommended actions of Vision 2001-2020, the City's
Comprehensive Plan:
Infill development: Encourage quality infill development that reflects
the character of the neighborhood. Infill development consisting of
an automobile repair establishment is neither consistent with the
existing residential structures along the north side of the 800 block
of Stewart Avenue, nor compatible with neighborhood-oriented
retail, office, or residential uses encouraged in the village center
along 9'h Street.
Higher-density residential development: Higher-density residential
development should be concentrated within and immediately
adjacent to village centers. The future land use map of the
Belmont-Fallon Neighborhood Plan, adopted by City Council in
January 2003, recommends the future land use for the 800 block of
Stewart Avenue as high-density residential development. As one of
the two land use components of a village center, the high-density
residential use(s) would complement the neighborhood commercial
development currently located and encouraged to develop along 9'"
Street.
The City Planning Commission recommended that Council deny the request
for rezoning, advising that given the standards for infill and village center
development as set forth in Vision 2001-2020 and the future land use
recommendations of the Belmont-Fallon Neighborhood Plan, the Commission
cannot support the request for rezoning the subject parcels of land to C-2,
General Commercial District, with conditions.
Mr. Dowe offered the following ordinance:
(#36582-121503) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 247.)
606
Mr. Dowe moved the adoption of Ordinance No. 36582-121503. The
motion was seconded by Mr. Fitzpatrick.
Maryellen F. Goodlatte, Attorney, representing the petitioners, advised that
Norm's Transmissions has operated on Tazewell Avenue for 14 years; it is a small
classic "mom and pop" type operation; the business needs to relocate and the
petitioners purchased three vacant lots within view of the current location at the
corner of 9th Street and Stewart Avenue; it is important to the petitioners to
remain in the current neighborhood, therefore, it was adisappointment when the
City Planning Commission recommended denial of the application for rezoning.
In reaching their decision, she explained that the Planning Commission focused
almost exclusively on the question of use, believing that the high density
residential; or a village center use is appropriate at this location, although some
Planning Commission members believe that this small scale transmission shop is
a village center use, and is supported by the Comprehensive Plan; however, the
majority of members of the City Planning Commission did not agree. She stated
that the southeast neighborhood would like for the business to be located at the
proposed location and letters of support and petitions have been forwarded to
Council Members from southeast Roanoke residents. She advised that the
petitioners have offered to impose conditions on the property in exchange for
the rezoning and have agreed to develop the property in accordance with a
proposed concept plan there will be no free standing signs, all lights will contain
shields to prevent illumination of off site property, the building will be of metal
material and enhanced in a fashion consistent with the design elements
encouraged by the City in southeast Roanoke, a transparency will be provided
along the front and side facade, with brick along the windows, and the building
will be constructed in substantial conformity with the proposed elevations if
approved by Council.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the public hearing.
Norman Pratt, 1344 Trah Drive, Goodview, Virginia, petitioner, advised that
he worked with City staff in an effort to resolve staff concerns which he hoped
would lead to a recommendation for approval by the City Planning Commission
by proffering a buffer between his property and the property of adjacent
residents, and installation of gravel and grass for wastewater management, but
the City Planning Commission still recommended denial of the request for
rezoning.
607 '
Mr. Earl Elkins, 921Tazewell Avenue, S. E., spoke in support of the request
of the petitioners. He advised that Mr. Pratt has made many contributions to
southeast Roanoke residents who could not afford to have their vehicles
repaired; he is honest, diligent, hard working and will honor his commitment to
the City of Roanoke through the quality of the building that he proposes to
construct. He stated that the majority of southeast Roanoke residents are in
favor of Mr. Pratt's business remaining in the area.
Mr. Randall Woods, 602 9'h Street, S. E., General Manager and Vice-
President of Sataline Corporation, which property is currently leased by Replay
Video, spoke in support of the new business growth proposed by Mr. Pratt
toward helping to rehabilitate and to revitalize the southeast area. He stated that
the building proposed by Mr. Pratt will be a good fit with this section of 9thStreet
which is primarily commercial; and both business representatives and residents
of southeast Roanoke support the request for rezoning, because Mr. Pratt has
been a good tenant and a good neighbor.
Mr. Richard Nichols, 1620 Kirk Avenue, S. E., representing the Southeast
Action Forum, spoke on behalf of the request of Mr. Pratt who has been a
member of the southeast community for 13 years. He advised that the petitioner
would like to construct a transmission shop on three lots that have been vacant
for some time, and the proposed building will blend in and serve as a good
addition to the neighborhood. He advised that Mr. Pratt is a businessman who
has contributed a great deal to the southeast community, and expansion of his
business would bring more revenue to the City, therefore, the Southeast Action
Forum encourages Council to approve the request for rezoning.
The Reverend Stephen Harris, 825 Stewart Avenue, S. E., Pastor, Belmont
Baptist Church, advised that the Church supports the request of Mr. and Mrs.
Pratt which will represent continued economic development in southeast
Roanoke.
Mr. Richard Dearing, 5122 Old Virginia Springs Road, S.W., called
attention to the Vision 2001-2020 Comprehensive Plan, in which residents dared
to dream 20 years into the future of the City of Roanoke and the Roanoke Valley.
He referred to progress on Williamson Road, enhancements to Grandin Village,
new downtown traffic patterns, a thriving City Market and downtown area,
revitalization of the Jamison Avenue, Bullitt Avenue, Ninth Street corridor, with
restored buildings throughout the neighborhood, and the continuing dream of
nine village centers. Tying in with Vision 2001-2020, he stated that the
petitioner proposes to construct an expanded auto service center, which is vital
to a well rounded village center. He stated that Mr. Pratt operates a clean and
orderly business, he is a well respected businessman, he proposes to make a
sizeable investment in the community and his business is an asset to southeast
Roanoke. Therefore, he encouraged Council to approve the request for rezoning
as submitted by the petitioners.
608
Mr. Tim McGuire, 804 Tazewell Avenue, S. E., spoke in support of the
request forrezoning. He advised that he has operated businesses in southeast
Roanoke for approximately 14 years, he owns 12 parcels of land in the vicinity of
the proposed rezoning, and he has witnessed many changes in the area. He
commended Mr. and Mrs. Pratt on the type of investment they plan to make in
the southeast area, the professionalism with which they operate their business,
and requested that Council approve the request for rezoning.
There being no further speakers, the Mayor declared the public hearing
closed.
Discussion ensued as to how much property is currently available in the
vicinity of Mr. Pratt's business that is appropriately zoned for the use under
discussion; whereupon, Mr. Townsend noted that within one quarter mile of the
location in question, 25 vacant lots are currently zoned C-2, General Commercial
District, and 43 vacant lots are zoned LM, Light Manufacturing District. It was
explained that using the City's GIS data, vacant lots are described as lots that
contain no structure, parking lots, storage yards, or vacant of any use, which is
the all encompassing category that addresses properties that have no
improvements that are zoned eitherC-2orLM. He further advised that froma
zoning point of view, there are significant properties of C-2 and LM zoned
properties in relative proximity to the southeast neighborhood.
Following further discussion, Ms. Goodlatte clarified that the petitioner
worked with at least three real estate brokers and spoke at length with the City
Planning Commission regarding a concern that he had been unable to identify
other properties in the southeast area that met his business criteria. She stated
that it is recognized that the City is sensitive to ensuring that inventories of
existing appropriately zoned properties are looked at before other properties are
considered.
There was discussion in regard to the proffered conditions for. rezoning;
whereupon, Ms. Goodlatte advised that her client is willing to submit additional
proffers that the building will be constructed substantially in accordance with
certain stated elevations that will be submitted in the form ofawritten proffer to
the City Attorney.
609 -
The City Attorney advised that the fifth proffer submitted by the petitioners
reads as follows: "The building shall be constructed in substantial conformity
with the elevations dated September 15, 2003, as amended on December 15,
2003, made by Norman Pratt, a copy of which is filed with the City Clerk", and it
will be necessary to amend the ordinance accordingly.
Mr. Dowe moved that the ordinance be amended as follows: "The rezoning
is subject to the proffers contained in the Petition filed in the Office of the City
Clerk on September 30, 2003, as amended on December 15, 2003." The motion
was seconded by Mr. Fitzpatrick and adopted.
Ordinance No. 36582-121503, as amended, was adopted by the following
vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Vice-Mayor Harris was absent.)
CITY PROPERTY-YMCA-LEASES: Pursuant to action by the Council, the City
Clerk having advertised a public hearing for Monday, December 15, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed
lease of City-owned property located in the 400 and 500 blocks of Church
Avenue, S. W., when such property is acquired by the City, pursuant to an
Agreement dated December 24, 2002, between the City and the YMCA of
Roanoke Valley, Inc., to the YMCA of Roanoke Valley, Inc., for a term
commencing August 1, 2004, and ending December 1, 2005, subject to
automatic renewal on a month-to-month basis, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 5, 2003.
The City Manager submitted a communication advising that on
December 24, 2002, Council entered into an Agreement with the YMCA of
Roanoke Valley to provide support for development and construction of a new
YMCA facility in the West Church Avenue area of downtown Roanoke, in order to
accommodate an expanding number of YMCA programs and to replace the
current YMCA building located at the corner of Church Avenue and Fifth Street,
S. W; in an effort to support the economic development of the West Church
Avenue corridor, including the new YMCA facility, Council approved construction
of a structured parking garage as part of the 2004-2008 Capital Improvement
Plan; and bonds are projected to be sold in fiscal year 2006 for the project.
610
It was further advised that in order to assure sufficient interim parking for
the new YMCA facility prior to the opening of a new public parking structure, the
YMCA wishes to lease two City owned surface parking lots in the West Church
Avenue corridor, for the purpose of providing parking for its members and
program attendees; the lease would commence on August 1, 2004, and
terminate on December 31, 2005, subject to automatic renewal on a month-to-
month basis until the parking structure is operational; annual revenue from the
lease will be $35,597.00; and the YMCA will assume complete responsibility,
liability and expenses related to operation of the parking lots for the term of the
lease.
The City Manager recommended that she be authorized to execute the
appropriate documents, to be approved as to form by the City Attorney, to lease
the above described City-owned property to the YMCA of Roanoke Valley, Inc.,
for the term commencing August 1, 2004 until December 31, 2005, subject to
automatic renewal on a month to month basis, until the new public parking
structure located in the West Church Avenue corridor is operational.
Mr. Cutler offered the following ordinance:
(#36583-121503) AN ORDINANCE authorizing the City Manager to enter
into a lease with YMCA of Roanoke Valley, Inc., for the lease of City-owned
property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411,
1113412, and 1113413, and Official Tax Nos. 1011206, 1011209 and 1011210,
when they become property belonging to the City, 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, Page 249.)
Mr. Cutler moved the adoption of Ordinance No. 36583-121503. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
611
There being no discussion or questions by Council Members, Ordinance
No. 36853-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Vice-Mayor Harris was absent.)
(Council Member Bestpitch advised that his spouse is employed by the YMCA of
Roanoke Valley, Inc., and inquired if he has a conflict of interest in voting on the
proposed lease; whereupon, the City Attorney advised that Mr. Bestpitch would
not have a conflict of interest.)
LEASES-CITY PROPERTY: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, December 15, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, on a proposed
extension of a lease agreement with The Hertz Corporation for an 87,120 square
foot parcel of land located at 1302 Municipal Road, N. W., for a period of five
years, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rnes on Friday, December 5, 2003.
The City Manager submitted a communication advising that The Hertz
Corporation currently leases approximately 87,120 square feet of City-owned
property identified as Official Tax No. 6640123, commonly known as 1302
Municipal Road, N. W., for the purpose of operating an automobile rental
establishment, The Hertz Corporation began leasing the parcel of land from the
City of Roanoke in 1968, and the current lease agreement expired on
November 30, 2003.
It was further advised that The Hertz Corporation has requested an
extension of the current lease agreement for an additional five year period,
beginning December 1, 2003 through November 30, 2008; the proposed
agreement establishes a rate of $26,600.00 for the first year, with an increase of
two per cent each year thereafter; and annual rental, which will be paid in
monthly installments, will be as follows:
612
December 1, 2003 -
November 30, 2004 $26,600.00 ($2,166.67 per month)
December 1, 2004 -
November 30, 2005 $27,132.00 ($2,261.00 per month)
December 1, 2005 -
November 30, 2006 $27,675.00 ($2,306.25 per month)
December 1, 2006 -
November 30, 2007 $28,229.00 ($2,352.42 per month)
December 1, 2007 -
November 30, 2008 $28,794.00 ($2,399.50 per month)
The City Manager recommended, following the public hearing, that she be
authorized to execute a lease extension agreement with The Hertz Corporation
for approximately 87,120 square feet of City-owned property located at 1302
Municipal Road, N. W., for a period of five years, beginning December 1, 2003
and expiring November 30, 2008.
The City Manager orally corrected a typographical error in the monthly
amount to be charged from December 1, 2003 until November 30, 2004, which
should read $2,216.67 per month in lieu of $2,166.67.
Mr. Fitzpatrick offered the following Ordinance:
(#36584-121503) AN ORDINANCE authorizing the proper City officials to
enter into a lease extension agreement between the City and The Hertz
Corporation for use of an 87,120 square foot parcel of City-owned land at 1302
Municipal Road, N. W., for the operation of an automobile rental establishment,
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, Page 250.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36584-121503. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
613
There being no discussion or questions by Council Members, Ordinance
No. 36584-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................. 0.
(Vice-Mayor Harris was absent.)
EASEMENTS-SEWERS AND STORM DRAINS-CITY PROPERTY: Pursuant to
Resolution No. 25523 adopted bythe Council on Monday, April 6, 1981, the City
Clerk having advertised 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 of portions of sanitary sewer and drainage easements, in connection
with development of a parcel of privately owned land located on Wildwood Road,
S. W., Official Tax No. 1070605, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 5, 2003.
The City Manager submitted a communication advising that Robert H. Kulp,
Jr., and G. Baker Ellett, owners of property located on Wildwood Road, S. W.,
Official Tax No. 1070605, have requested that the City vacate portions of those
sanitary sewer and drainage easements that interfere with development of the
parcel of land; and the owners propose to relocate the existing utilities and
easements and are willing to dedicate to the City alternate easements for the new
alignment.
It was further advised that Council previously authorized vacation and
relocation of existing easements and acceptance and dedication of new
easements on the property for developmental purposes in January 2003; an
easement was recorded which vacated the old easement and dedicated the new
easements to the City; and subsequent to Council's actions and recordation of
the relevant documents, it was discovered by the owners of the property that the
proposed structure to be developed on the property would encroach on a portion
of the relocated easements.
614
It was explained that the plats have been reviewed by and are acceptable to
the City Engineer; and the owner of an adjacent parcel of land (Lot 3A),June W.
Camper, upon which a portion of the relocated easements will encroach, has
agreed to dedicate the proposed easement on her parcel of land.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents vacating portions of the
existing easements and accepting the new easements, with the property owner to
be responsible for preparation of all necessary documents, to be approved as to
form by the City Attorney, and for all expenses associated with relocating the
existing utility.
Mr. Fitzpatrick offered the following ordinance:
(#36585-121503) AN ORDINANCE authorizing the vacation and relocation
of a portion of a sanitary sewer and drainage easement across Tax Map No.
1070605, located on Wildwood Road, S. W., and across a portion of the adjoining
parcel identified as 1070603, authorizing the acceptance and dedication of a new
sanitary sewer and drainage easement across a portion of the same properties,
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, Page 251.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36585-121503. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or questions by Council Members, Ordinance
No. 36585-121503 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................. O.
(Vice-Mayor Harris was absent.)
615
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A petition for appeal of a decision of the
Architectural Review Board in connection with denial of a Certificate of
Appropriateness, filed by Lewis R. Burger, Owner, Burger & Son, Inc., with regard
to replacement of windows, siding and installation to property located at 802
Marshall Avenue, S. W., was before Council.
Mr. Burger presented photographs depicting the condition of houses
surrounding his property at 802 Marshall Avenue, S. W., and called attention to
numerous improvements that have been completed, including front porch
improvements and siding. He stated that no solutions to his dilemma were
offered by the Architectural Review Board, and he believes that he has been
discriminated against by City Building Inspectors. He advised that he is a
disabled veteran who lives on a limited income, therefore, he is seeking grant
funds to make the necessary repairs to his property.
As background, R. Brian Townsend, Director, Planning, Building and
Development, advised that:
The structure at 802 Marshall Avenue, S. W., was built in 1923
and contains two dwelling units; and the property has a long
history of code enforcement issues.
Upon investigation by staff, it was determined that the structure
was condemned after Mr. Burger purchased the property in
1986.
In 1994, Code enforcement action was taken on the structure
against Mr. Burger and the co-owner at that time, Margaret
Wade, to repair the foundation, porch piers, siding, gutters,
down spouts, porch decking, rails, columns, and electrical.
In 1994, a fire damaged the structure, but Ms. Wade was
granted a Certificate of Appropriateness to replace the
standing-seam metal on the roofs with asphalt shingles;
however, in July 1995, a criminal complaint was issued to Ms.
Wade for failing to repair the fire damage to the front porch;
the work was subsequently completed, and the complaint was
dismissed in September, 1995.
616
In 1999, Mr. Burger obtained sole ownership of the property; in
1999, the property was condemned and ordered to be vacated
and secured; Code officials cited problems with exterior walls,
roof, peeling paint, doors, soffits, gutters and down spouts,
trash, lack of heat, insect infestation, and standing sewage in
the basement.
Code officials met with Mr. Burger in March and April 2001, as
he initiated repairs to the structure; on July 16, 2001, a
Certificate of Compliance was granted from the Rental
inspection Program for the lower unit only; outstanding code
compliance issues continued with the rest of the building and
on July 16, 2002, the remainder of the work was completed.
In May, 2003, it was observed that vinyl siding was being
applied to the front porch of the structure, which is within the
H-2, Neighborhood Preservation District; City staff visited the
property on May 14, 2003, and spoke with Mr. Burger while he
was applying vinyl siding to the entablature of the front wood
windows with vinyl replacement windows and requested that
he stop work on the property and apply for a Certificate of
Appropriateness for the work already completed; Mr. Burger
refused to stop work and stated that he was"grandfathered in"
because he owned the house prior to the historic district being
established; he was advised that the work needed to comply
with Historic District guidelines and if he refused to obtain a
Certificate of Appropriateness, he would be in violation of the
zoning ordinance and be summoned to General District Court;
however, Mr. Burger continued to apply vinyl siding and a
summons was issued for his appearance in General District
Court.
Mr. Burger appeared in General District Court on September 4,
2003; the Court continued the matter so that he could submit
an application for a Certificate of Appropriateness for review by
the Architectural Review Board at its October meeting; on
October 9, 2003, the Architectural Review Board considered
the application; Mr. Burger stated that the vinyl had been
installed three years ago; photographs show some of the wood
siding still visible on the house; one of the photographs is
from the City of Roanoke's GIS inventory and the other was
taken by a resident in August, 2002; the photographs denote
the historic wood siding and some trim details; the wood
siding did not appear in poor condition; the photograph also
depicts decorative features that have since been covered by
synthetic material with no attempt to emulate them.
617
During the October, 2003, ARB meeting, Board members and
staff were concerned that the vinyl siding had not been
installed properly and that the windows were replaced with
new vinyl windows that did not match the original windows,
nor was the trim retained; virtually every element of the house
had been covered with vinyl; and a Board member suggested
three specific actions that the applicant could undertake that
might make the vinyl siding more compatible.
The Chairman of the Architectural Review Board advised Mr.
Burger that if the Board denied his application, he could work
with staff and other Board members to submit another
substantially different proposal; Mr. Burger requested that the
Board proceed with its vote; the motion to approve the
application failed by a 0 - 7 vote; and Mr. Burger was formally
notified of the denial and of his right to appeal to the Council;
whereupon, he filed his appeal on November 3, 3003.
On November 6, 2003, Mr. Burger appeared in General District
Court as scheduled and advised that he was appealing the
Board's decision, and the Court requested that he return on
December 18, 2003, for further consideration of the case;
immediately following the November 6 court appearance, Mr.
Burger approached the Agent to the Architectural Review Board
with regard to the possibility of working on a design solution
for the ARB in lieu of his Council appeal, staff agreed to work
with Mr. Burger, however, after several follow up telephone
calls, Mr. Burger decided to proceed with his appeal to City
Council.
A report of the Architectural Review Board advising that Section 36.1-
345(a) of the Zoning Ordinance provides:
618
"In order to encourage the preservation and enhancement of
the district and encourage the rehabilitation and new
construction in conformance with the existing scale and
character of the district, the architectural review board shall
review and approve the erection of new buildings or structures,
including signs, the demolition, moving, reconstruction,
alteration or restoration, of existing structures and buildings,
including the installation or replacement of siding, or reduction
in their floor area, including the enclosure or removal of a
porch. No such erection, demolition, moving, reconstruction,
alteration, restoration, or enlargement or reduction of.a
structure, or building, shall be undertaken without the
issuance of a certificate of appropriateness by the board,
unless otherwise specified herein".
It was further advised that the Architectural Design Guidelines adopted by
the ARB and endorsed by Council state that historic wood siding is a distinctive
feature of many Roanoke residences and that changing or covering siding can
often alter or destroy the authentic character of a building; and the guidelines
further recommend that the following be considered when installing vinyl siding:
Do not replace sound historic siding with new materials to
achieve an "improved" appearance.
Historic wood siding is a distinctive feature that helps to define
the visual characteristics of a building.
Both new and historic siding requires periodic maintenance to
give a building proper weather protection.
Retain existing siding: Identify and keep the original exterior siding
materials as well as any unique siding.
The Architectural Review Board advised that two matters involving the
application of vinyl siding have recently been appealed to Council; in November
1998, the Board denied a request to apply vinyl soffit material on a house at 601
Allison Avenue, the decision was appealed to Council, and Council over turned
the Board's decision on January 19, 1999; and the latest appeal to Council was a
series of events that occurred during the summer of 2003, when Dana Walker, H
& W Properties, LLC, twice appealed the Board's decision to deny an application
of vinyl siding to rental property at 702 Marshall Avenue, S.W.; the initial request
was denied by the Board on May 8, 2003, because the vinyl siding did not
maintain the architecturally defining features of the house; due to a lack of
gutters and down spouts, the house also suffered from moisture damage, which
the Board believed that the application of vinyl siding would have exacerbated;
Mr. Walker appealed the Board's decision to Council on June 21, 2003, at which
time Council requested that Mr. Walker present a new application to the Board;
619
the ARB unanimously denied the revised application at its July 10, 2003 meeting;
Mr. Walker again appealed to Council and Council unanimously upheld the
Board's decision on August 18, 2003; and the vinyl siding that was applied to the
house was subsequently removed.
It was explained that since January 2001, the ARB has approved four
applications for vinyl siding; numerous other projects have been approved
administratively; and with these projects, the applicant provided sufficient detail
and proposed to apply the materials in a manner that preserved the character
and architecturally defining features of the house.
The Architectural Review Board recommended that Council affirm the
Board's decision to deny the issuance of a Certificate of Appropriateness for
property located at 802 Marshall Avenue, S. W. , for the installation of vinyl
siding, on the grounds that installation of the vinyl siding does not maintain the
architectural defining features of the building and is not appropriate.
If a Certificate of Appropriateness is not issued, question was raised as to
what will happen to the work that has been completed to date; whereupon, Mr.
Townsend advised that if Council were not to uphold the action of the
Architectural Review Board, the work that has been done to date would be
approved and a Certificate of Appropriateness would be issued; if the Council
were to affirm the action of the ARB, Mr. Burger would be required to remove all
material from the building that was erected without ARB approval. He advised
that the matter could be referred back to the Architectural Review Board with
instructions to clarify to Mr. Burger the necessary action that will be required to
bring the house more in keeping with the architectural intent of the historic
district.
Although it was agreed that Mr. Burger did not follow Architectural Review
Board guidelines, concern was expressed by some Members of Council with
regard to removing the improvements already made to the building; whereupon,
Mr. Townsend advised that at the October, 2003 ARB meeting, Board members
and staff were concerned that vinyl siding had not been installed properly,
windows were replaced with new vinyl windows that did not match the original
windows, trim had not been retained, and virtually every element of the house
had been covered with vinyl. He added that a member of the ARB suggested
three specific actions that the applicant could take that might make the vinyl
siding more compatible; the Chairman also advised Mr. Burger that he, along
with staff and other ARB Board members, could provide suggestions on what
620
could be done to the building, retroactively, to restore some of the original
intent; however, Mr. Burger did not place anything substantial on the table for
consideration by the Board. He advised that following the General District Court
hearing in November, staff indicated to Mr. Burger the opportunity to continue to
work on some resolution, retroactively, to the property, the agent to the ARB
followed up with telephone calls, and Mr. Burger decided to continue on the
appellate process, as opposed to going back to the ARB with changes to the
facade that could potentially bring the property back to some semblance of
character to the historic district. To address the concerns of some Members of
Council, Mr. Townsend stated that with the cooperation of Mr. Burger, the
Architectural Review Board could engage in further discussion with the petitioner
on actions that could be taken to salvage some of the improvements already
made to this point.
The Mayor inquired if the matter can be resolved without requiring Mr.
Burger to start over; whereupon, Mr. Townsend advised that it is possible to
resolve the issue as long as Mr. Burger is amenable to meaningful discussion
insofar as specific proposals that will be reviewed and approved by the
Architectural Review Board.
Robert N. Richert, Chair, Architectural Review Board, advised that in all of
his years of involvement with the H-2, Historic District, including two years on
the Architectural Review Board, he has never encountered a more intransigent
property owner, and the amount of resources expended by City staff and the
courts to get the property owner to submit an application is an outrage. He
advised that in his opinion the ARB will be reluctant to make any decision that in
any way validates the course of action that the property owner has taken over not
only the last two years, but the last 20 years. He expressed concern with the
messages that are being sent to the community; in the last six months two
property owners have been expected to remove vinyl siding from their buildings
and they have done so because the City took a position and abided by that
decision; and if the Council chooses to affirm the Board's action, such does not
preclude Mr. Burger from bringing back to the ARB, after appropriate
consultation with staff, an acceptable proposal which will involve more
investment. He advised that Mr. Burger is scheduled to appear in General District
Court later this month, and, if Council elects to affirm the ARB's decision, it is
requested that City staff be represented by additional legal counsel since this is a
situation that requires dramatic change.
621
Mr. Bestpitch inquired if the Architectural Review Board continues to be
willing to work with Mr. Burger; whereupon, the Agent to the ARB responded in
the affirmative.
Based upon the evidence, testimony and documents that were presented to
the Council, Mr. Bestpitch moved that the decision of the City of Roanoke
Architectural Review Board on October 9, 2003, be affirmed, and that no
Certificate of Appropriateness be issued for the installation of siding and
windows at 802 Marshall Avenue, S. W., as set forth in the petition for appeal, on
the grounds that the proposed installation would not maintain the architectural
defining features of the building. The motion was seconded by Mr. Cutler.
The Mayor referred to an article in the Old Southwest Newsletter which was
prepared by the Agent to the Architectural Review Board in regard to the
elimination of vinyl siding in the historic district. The Mayor expressed concern
with regard to the position of Architectural Review Board and City Planning
Commission staff regarding the use of vinyl siding, and inquired if the article was
written byaCity employee on City time. He stated that there are legitimate cases
where property owners are trying to do the right thing and installation of vinyl
siding, is the only way they can afford to improve their property. He added that
he is interested in protecting those citizens and intends to fight the battle for
those persons who have been abused by the vinyl siding rule.
Mr. Fitzpatrick called for the question.
The motion offered by Mr. Bestpitch, second by Mr. Cutler, was adopted,
Mayor Smith voted no.
Mr. Marwood Larson, 517Washington Avenue, S.W., Editor, Old Southwest
Newsletter, clarified that the column above referenced by the Mayor, in the Old
Southwest Newsletter, as prepared by the Agent to the City Planning
Commission, was funded through neighborhood dues and the column was
written on the personal time of Ms. Beckett and not as an employee of 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 any necessary and
appropriate response, recommendation or report to Council.
622
ZONING-DRUGS/SUBSTANCE ABUSE: Mr. Ray Douglas spoke against the
proposed methadone clinic on Hershberger Road, N.W. He advised that he was
not opposed to the methadone clinic, but to the proposed location in view of the
number of near by schools and churches.
Ms. Perneller Wilson, 3045 Willow Road, N. W., presented petitions signed
by approximately 1200 persons in opposition to the proposed methadone clinic
on Hershberger Road, N. W.
ARMORY/STADIUM: Mr. Michael Herman, 2819 Carolina Avenue, S. W.,
spoke in support of the renovation of Victory Stadium. He also spoke to the
advantages of the Stadium's close proximity to the Rivers Edge Sports complex,
and advised that Victory Stadium offers jogging facilities and a large seating
capacity.
Mr. Matthew Herman, 2819 Carolina Avenue, S. W., spoke in support of
rehabilitation of Victory Stadium in memory of and in tribute to the World War II
generation. He stated that Victory Stadium is used for biking and jogging, and
the facility is close to the Rivers Edge Sports Complex.
SCHOOLS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the
City of Roanoke continues to remain in a state of uneasiness, unhappiness, and
uncertainty; and many parents, students, teachers and citizens, as well as
Roanoke's communities, are concerned and troubled. She stated that citizens are
also troubled and concerned about discipline in Roanoke's schools, and the
problem needs to be corrected in order to protect Roanoke's children.
CITY EMPLOYEES-TAXES: Mr. Robert E. Gravely, 729 Loudon Avenue, N. W.,
called attention to problems within the City work force; i.e.: interpretation by
certain City officials in regard to the City's time frame for filing of grievances by
City employees. He expressed concern with regard to the manner in which
taxpayers' dollars are spent and an increase in property values leading to higher
real estate taxes.
SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that he
has applied for the vacancy on the Roanoke City School Board created by the
resignation ofMelindaJ. Payne. He stated that he is a product of the Roanoke
City Public School System, and, if appointed to the School Board, he will work to
improve the relationship between Council and the School Board.
623
COUNCIL: With respect to the Closed Meeting previously 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 Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Vice-Mayor Harris was absent.)
WATER DEPARTMENT: Mr. Fitzpatrick moved that Council ratify the
appointment of George W. Logan as the seventh member of the Board of
Directors, Western Virginia Water Authority. The motion was seconded by Ms.
Wyatt and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Smith ........................................................ 6.
NAYS: None .................................................. 0.
(Vice-Mayor Harris was absent.)
The Mayor declared the meeting in recess until Tuesday, December 30,
2003, at 9:30 a.m., at the Roanoke County Administration Center, Fourth Floor
Conference Room, 5204 Bernard Drive, S.W.,.for a joint meeting of Roanoke City
Council and the Roanoke County Board of Supervisors, to continue discussions
with regard to the Western Virginia Water Authority.
- 624
(The joint meeting of Council and the Board of Supervisors was later postponed
until Tuesday, February 10, 2004, at 12:00 noon at the Roanoke County
Administration Center, Fourth Floor Conference Room, 5204 Bernard Drive, S.W.,
Roanoke, Virginia.)
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
625
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 5, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
January 5, 2004, at 9:00 a.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room ZS9, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City
Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the
City of Roanoke (1979), as amended; and pursuant to Resolution No. 36193-
010603 adopted by the Council on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday
in each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris, William D. Bestpitch,
M. Rupert Cutler, BeverlyT. Fitzpatrick, Jr., and Mayor Ralph K. Smith ........ 5.
ABSENT: Council Members Alfred T. Dowe,Jr., and Linda F. Wyatt ...... 2.
(Council Members Dowe and Wyatt arrived at 9:15 a.m.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary E. Tegenkamp,
Assistant City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council;
and to interview applicants for one vacancy on the Roanoke City School Board,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was
before the body.
626 --
Mr. Harris moved that Council concur in the request to convene in a Closed
Meeting as above described. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler, Fitzpatrick, and Mayor
Smith .............................................................. 5.
NAYS: None ................................................... 0.
(Council Members Dowe and Wyatt had not entered the meeting when the vote
was recorded.)
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. Harris 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. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler, Fitzpatrick, and Mayor
Smith .............................................................. S.
NAYS: None ................................................... 0.
(Council Members Dowe and Wyatt had not entered the meeting when the vote
was recorded.)
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.
627
Mr. Harris 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. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler, Fitzpatrick and Mayor
Smith .............................................................. 5.
NAYS: None ................................................... 0.
(Council Members Dowe and Wyatt had not entered the meeting when the vote
was recorded.)
At 9:10 a.m., the Mayor declared the meeting in recess for a Closed
Session to interview School Board applicants in the Council's Conference Room,
Room 451, Noel C. Taylor Municipal Building.
(At 9:15 a.m., Council Members Wyatt and Dowe entered the meeting.)
At 11:40 a.m., the Council meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, Mayor Smith presiding.
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 bywhich any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
628
OATHS OF OFFICE-SCHOOLS: The Mayor advised that there is a vacancy on
the Roanoke City School Board to fill the unexpired term of Melinda J. Payne,
resigned, ending June 30, 2004, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Alvin L. Nash.
There being no further nominations, Mr. Nash was appointed as a Trustee
of the Roanoke City School Board, for a term ending June 30, 2004, by the
following vote:
FOR MR. NASH: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
At 11:45 a.m., the Council reconvened in Closed Session in the Council's
Conference Room.
At 11:55 a.m., the Council meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, Mayor Smith presiding.
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. Harris and adopted by the following
vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that
the term of office of Peter W. Clapsaddle as a member of the New Construction
Code expired on September 30, 2003, and called for nominations to fill the
vacancy.
629
Mr. Bestpitch placed in nomination the name of Peter W. Clapsaddle.
There being no further nominations, Mr. Clapsaddle was reappointed as a
member of the New Construction Code, for a term ending September 30, 2008,
by the following vote:
FOR MR. CLAPSADDLE: Council Members Harris, Wyatt, Bestpitch, Cutler,
Dowe, Fitzpatrick, and Mayor Smith ..................................... 7.
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: The Mayor advised
that the term of office ofSheri Bernath as a City representative to the Blue Ridge
Behavioral Healthcare, Board of Directors, expired on December 3]., 2003, and
called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Sheri Bernath.
There being no further nominations, Ms. Bernath was reappointed as aCity
representative to the Blue Ridge Behavioral Health Care, Board of Directors, for a
term ending December 3]., 2006, by the following vote:
FOR MS. BERNATH: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
COMMITTEES-PARKS AND RECREATION: The Mayor advised that there is a
vacancy on the Parks and Recreation Advisory Board to fill the unexpired term of
Anita L. Lee, resigned, ending March 3]., 2004, and called for nominations to fill
the vacancy.
Mr. Bestpitch placed in nomination the name of Gwendolyn W. Mason.
There being no further nominations, Ms. Mason was appointed as a
member of the Parks and Recreation Advisory Board, for aterm ending March 31,
2004, by the following vote:
630
FOR MS. MASON: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
COMMITTEES-GREENWAY SYSTEM: The Mayor advised that there is a
vacancy on the Roanoke Valley Greenway Commission to fill the unexpired term
of Brian M. Shepard, resigned, ending June 30, 2004, and called for nominations
to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Talfourd (Fourd) H.
Kemper, Jr.
There being no further nominations, Mr. Kemper was appointed as a
member of the Roanoke Valley Greenway Commission, for a term ending June 30,
2004, by the following vote:
FOR MR. KEMPER: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ......................................... 7.
COMMITTEES-TOWING ADVISORY BOARD: The Mayor advised that there is
a vacancy on the Towing Advisory Board, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Walter T. Hinkley.
There being no further nominations, Mr. Hinkley was appointed as a
member of the Towing Advisory Board, for a term ending June 30, 2006, by the
following vote:
FOR MR. HINKLEY: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
Inasmuch as Mr. Hinkley is not a City resident, Mr. Bestpitch moved that
the City residency requirement be waived. The motion was seconded by
Mr. Harris and unanimously adopted.
631
COMMI~-rEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that
there is avacancyon the Architectural Review Board, to fill the unexpired term of
Kyle G. Ray, resigned, ending October 1, 2006, and called for nominations to fill
the vacancy.
Mr. Bestpitch placed in nomination the name of Barbara A. Botkin.
There being no further nominations, Ms. Botkin was appointed as a
member of the Architectural Review Board, for aterm ending October 1, 2006, by
the following vote:
FOR MS. BOTKIN: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
CO M M ITTEES - H U MAN D EVELO PM ENT-J UVENILE CO RRECTIONAL FACI LITI ES:
The Mayor advised that there is a vacancy on the Human Services Committee to
fill the unexpired term of Vickie L. Price, resigned, ending June 30, 2004; a
vacancy on the Roanoke Interagency Council to fill the unexpired term of
Vickie L. Price (ex-officio member); a vacancy on the Advisory Board of Human
Services (ex-officio member) due to the resignation of Vickie L. Price; and a
vacancy on the Roanoke Valley Juvenile Detention Center Commission, to fill the
unexpired term ofVickie L. Price, resigned, ending June 30, 2006; whereupon, he
opened the floor for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the name of Jane R. Conlin to fill the
above referenced vacancies.
There being no further nominations, Ms. Conlin was appointed as a
member of the Human Services Committee, for a term ending June 30, 2004; a
member of the Roanoke Interagency Council (ex officio); and member of the
Advisory Board of Human Services (ex officio); and a member of the Roanoke
Valley Juvenile Detention Center Commission, for a term ending June 30, 2006,
by the following vote:
632
FOR MS. CONLIN: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, and Mayor Smith ........................................... 7.
At 12:00 noon, the Mayor declared the Council meeting in recess, and
advised that Council would reconvene at 12:05 p.m., in Room 159, Noel C. Taylor
Municipal Building, for a joint meeting of Council and the Roanoke City School
Board.
At 12:05 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 P. Manns presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt,
William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT. Fitzpatrick,
Jr., and Mayor Ralph K. Smith .......................................... 7.
ABSENT: None ................................................. 0.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Robert Sparrow, Kathy G.
Stockburger, David B. Trinkle, Ruth C. Willson and Chairperson Gloria P. Manns--
ABSENT: None ................................................. O.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L.
Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall,
Director of Finance; Mary F. Parker, City Clerk; and George C. Snead,Jr.,Assistant
City Manager for Operations.
Representing the Roanoke City Public Schools: E. Wayne Harris,
Superintendent; Richard A. Kelley, Assistant Superintendent; and Cindy L. Lee,
Clerk.
The Mayor advised that the purpose of the meeting was to discuss the new
City Stadium and enhanced Council/School Board relationships.
633
Mayor Smith announced that earlier in the day, Council interviewed
applicants for the vacancy on the School Board created by the resignation of
Melinda J. Payne, and it was the unanimous decision of Council to appoint
Alvin L. Nash to fill the unexpired term ending June 30, 2004.
At this point, Mr. Nash entered the meeting.
SCHOOLS-STADIUM: Mr. Snead gave a presentation regarding the surface
and maintenance of the artificial turf field proposed for the new City Stadium.
He stated that the design of the proposed stadium is specifically for high school
football and soccer, and can accommodate Division III College activities;
architects used a process involving users or stakeholders in the conceptual
design to make sure that from a players', coaches', game officials', media and
spectators' perspective, the facility would be of quality and afford an enjoyable
experience; and early in the design stage, coaches, athletic directors, and school
administrators were directly involved and visited facilities at various locations to
see first hand what artificial turf products were like and what the real experience
was at both the high school and college levels. He advised that the projected
cost for the artificial turf is about $200,000.00 more than natural grass; the City
Manager corresponded with the Superintendent of Schools in October 2003
asking that the school administration consider making a contribution of
$200,000.00 toward the purchase of artificial turf; and the matter was discussed
with the School Board in November 2003. Examples of artificial turf products,
both recommended and not recommended, were available for examination.
Charles Anderson, Project Engineer, presented an overview regarding the
artificial turf issue.
BACKGROUND OF PROJECT:
City/School Design Team participants included Richard Kelley, Annie
Harmon, Kevin Clifford, John Harris, Woody Deans, George Miller
May 2003 - Presentation with Natural Turf Specialist (Dr. Erik Ervin,
Virginia Tech) and manufacturer's representative (Kenny Schroy,
FieldTurf)
August 2003 - Visit to high schools and colleges/universities with
artificial turf installations
August 2003 - Review of findings from field visit with City/School
Team
634
VISIT TO FACILITIES WITH ARTIFICIAL TURF INSTALLATIONS IN AUGUST
2003:
· City/School Team:
George Miller, Assistant Principal, William Fleming High School
Woody Deans, Athletic Director, Patrick Henry High School
John Harris, Athletic Director, William Fleming High School
Chip Snead, Assistant City Manager
Gary Hegner, Parks & Recreation
Charles Anderson, Division of Engineering
· Facilities the team visited:
Eight High Schools/Colleges/Universities were visited - nine fields
were examined
James Madison University, Harrisonburg, VA (AstroTurf)
Ringgold High School, Monongahela, PA (FieldTurf)
Jefferson & Washington College, Washington, PA (FieldTurf)
Duquesne University, Pittsburgh, PA (AstroPlay and AstroTurf)
Pine Richland High School, Gibsonia, PA (AstroPlay)
Penn-Trafford High School, Harrison City, PA (FieldTurf)
Norwin High School, North Huntington, PA (AstroPlay)
West Virginia University, Morgantown, WV (AstroPlay)
CONTACTS AND DISCUSSIONS WITH COACHES, ATHLETIC TRAINERS AND
CURRENT AND FORMER PLAYERS:
Aesthetics
Sharp, crisp appearance
Lines/markings for football and soccer are permanently imprinted in field
Uniformity of color in field, lines and markings
Maintains appearance regardless of weather conditions
Description of Turf Systems
NOT "AstroTu rf"
Performance of athletes
Samples of artificial turf surfaces
Drainage Characteristics
635
Artificial turf systems designed to permit very positive drainage (up to 40-
inches per hour)
Use and Scheduling
Drainage capability allows for continuous play - significant rain events will
not cancel/postpone games
Field at Penn-Trafford High School in Pennsylvania was used for 195
events during a single Fall season (middle and high school PE program,
girls and boys soccer, middle and high school football program, and public
use - 24/7 operation)
Physical Injuries
No noticeable differences reported between natural and artificial systems -
in fact, some coaches/athletic trainers indicated lowered injury rates on
artificial systems
No special shoes required (as with AstroTurf-type systems)
Maintenance
Natural turf systems require significantly more equipment than artificial
systems (i.e. mowers, spreaders, aerators, etc. versus a "groomer")
Natural turf systems require significantly more manpower than artificial
systems (one-to-two full time plus one-to-two part time staff versus one
operator for groomer)
Natural turf systems require materials for on-going maintenance (i.e. seed,
fertilizer, weed killers, lime, etc.) - artificial system does not
Natural turf systems require irrigation - artificial systems do not
Why Seek Additional Funding from School Board
Cost of proposed Stadium-Amphitheater - $10-million for stadium, $4-
million for amphitheater
Capital project - ALL costs must be included within project budget -
cannot "defer" upfront (installation) costs with assumed future savings
from maintenance
636 -
.~UMMARY
PERFORMANCE OF ATHLETES ENHANCED
PHYSICAL INJURIES REDUCED
USE & SCHEDULING ENHANCED
AESTHETICS ENHANCED
MAINTENANCE COSTS REDUCED
Mr. Dowe inquired about protection of the turf when using the facilities for
entertainment purposes and associated costs; whereupon, Mr. Anderson advised
that there would be special protection afforded to surfaces where sound
equipment, special lighting equipment, or chairs would be placed, regardless of
whether it is artificial or natural turf.
Mr. Cutler inquired about the cost savings in maintenance and life
expectancy of the artificial turf as opposed to natural turf; whereupon, Mr.
Anderson replied that overall, the City would come out ahead with maintenance
features, $15,000.00 to $20,000.00 has been built into the budget for
maintenance costs of natural turf, and maintenance of the artificial turf would
probably be about one-third of that cost; and artificial systems have lasted about
seven years, with only the artificial turf itself needing to be replaced. He referred
te Ringgold High School's facilities and the life expectancy of that particular turf
is ten years.
Mr. Cutler inquired whether water collected from the drainage of the field
could be recycled and used for landscaping similar to the way the City currently
uses some storm water; whereupon, Mr. Anderson replied that the drain lines
under the field would divert the water to a single collection pipe that would
extend off to the side and connect to the storm drain system, and drainage water
could be recycled.
Mayor Smith asked, in comparing the two systems, at what point does the
difference between the two begin, at the soil base or the last inch or two of the
field. Mr. Anderson explained that there is a need for a nine inch base of stone
and soil for natural grass, and about a 16 inch base, depending on the mat
system, for artificial turf; and the system does not employ any dirt, but basically
comes off the sub-grade, with a layer of stone, then basically develops a third
system for the carpet of artificial turf to lay on.
637
Mayor Smith asked for the dimensions of the carpet and how it works
beyond the foul lines; whereupon, Mr. Anderson explained that given the nature
of the field and its design, the foul lines would be on the east and west sides, all
of that area would be artificial turf, and anything around that area would be
natural grass. Mayor Smith asked if they were measuring in square yards and
how many would be needed; whereupon, Mr. Anderson replied that it was
measured in square yards, similar to regular carpet, and a figure of about 90,000
square feet is estimated to be needed.
Mayor Smith stated that the difference in cost for the artificial turf would
be $200,000.00, and asked what estimate of maintenance cost savings could be
demonstrated by using artificial turf, as opposed to natural turf. Mr. Anderson
replied that a schedule for maintenance and costs could be drafted in the future.
Mayor Smith mentioned that for certain events, additional costs would be
incurred, and asked about repairing the turf when stakes have to be driven into
the artificial turf for tents, and whether this type of event would be permitted.
Mr. Anderson replied that he was not sure how such a situation would be
handled, or whether or not aspecial grid would be necessary. He also stated
that a tarp would be used to protect the surface for special events.
Ms. Stockburger advised that all examples given were single site school
yards and college practice fields, the reality is that participants will be practicing
on natural fields and playing on artificial turf, and asked if there is any difference
in practicing on natural turf and playing the actual game on artificial turf. Mr.
Anderson replied that there is some difference in the playing surface, students at
the University of West Virginia have played on both and state that the two
surfaces play very much alike, although artificial turf is preferred.
Ms. Stockburger further stated that it would be helpful for the School Board to
have information regarding cost savings over a five-ten year period using
artificial turf over natural turf.
Mr. Bestpitch inquired if the drainage system would be constructed below
the level of stone. Mr. Anderson replied that there would be a special drainage
system, with devices that channel the water down through the gravel into specific
sites, similar to Virginia Tech's field drainage system.
638
Following further discussion, it was noted that an area of concern would be
driving vehicles over the field surface. A question was raised about the bids
received and whether or not the committee liked the products that were bid, and
the types of warranties that were offered, etc. Mr. Anderson replied that the
committee is satisfied with the product and the amounts offered for the artificial
surface.
Vice-Mayor Harris inquired as to the opinion of football coaches and
athletic directors as to their support or non-support on the issue of using natural
turf as opposed to artificial turf. Mr. Anderson responded that all six members
of the team were in agreement to use artificial turf.
Mr. Snead commented that part of the challenge with maintaining any
athletic field is based on three factors: (1) how well the field is built; (2) how
heavily the field is used; and (3) what the weather is like. He stated that good
weather allows for more use, but early season games damage the natural turf
and maintenance is an uphill battle; the growing season has ended in the Fall
which prohibits grass repairs; and the team tried to create a realistic budget
based on use and weather.
Mr. Dowe stated that statistics have shown that injuries are far less on
natural turf, but a field that feels like natural grass will play like natural grass,
thus the cost factor of maintenance tends to fade.
Mr. Snead advised that coaches at Ringgold High School stated, without
question, that the field had held up over seven years of play and is just as good
now as it was when it was installed; installation of any system is critical because
everything is built in layers, the most critical factor being the smoothness of the
playing field inasmuch as it gives the player the sensation of being on natural
grass, and any undulation would deter from the quality of the field.
Mayor Smith expressed concern that using artificial turf would greatly limit
the multi-use of the facility, and suggested that there be awayto compromise in
order to sponsor other events, such as those that may need to place stakes into
the ground or use a track for running, and asked if there would be restricted
areas that could be created differently in order to utilize the entire facility.
639
The City Manager addressed the "Relay for Life" event which is sponsored
annually by the American Cancer Society at Victory Stadium. She advised that the
organization understands the new facility will not have attack, and their plans do
not include holding the "Relay for Life" event at the new stadium because of the
absence of a track; and the issue for the Cancer Society is not the place where
the tents are to be located, but the use of a track or the walk itself which is the
major event. She commented that other stakeholders participated early on in the
design process, such as Festival in the Park and others who use the current
Victory Stadium site, and their issues have been addressed through the design
phase; informally, she has mentioned to the "Relay for Life" coordinators the
proposed renovations/replacement of the two high schools that are planned over
the next six years, and the school system plans to include tracks at both
facilities. She also referred to preliminary discussions between the City and
other entities about the possibility of a regional track facility, but the location
has not been addressed; and "Relay for Life" representatives understand that the
City's construction schedule for the new stadium is such that they would remain
at the Victory Stadium site for at least the next two years or longer.
The Director of Civic Facilities reviewed the following information:
WHAT IS THE PURPOSE OF THE NEW STADIUM?
The stadium is being built to provide a unique venue primarily for high
school football and soccer.
Approximately ].0-15 football games are expected to be played in the new
stadium.
This year, 1]. football games were played at Victory Stadium.
Football season which takes place in the Fall includes regular,
regional and playoff games.
Approximately eight - ten soccer games are expected to be played in the
new stadium.
This year, four games were played at Victory Stadium.
Soccer games are played during the Spring season.
640
HOW ELSE WILL THE STADIUM BE USED?
Western Virginia Education Classic (WVEC Classic) is played in the Fall.
High school band and cheerleading competitions are possible uses for the
stadium.
WILL HIGH SCHOOLS BE ABLE TO PRACTICE AT THE STADIUM?
High schools may practice on the day before a game.
A nominal fee will be charged for practices; however, a fee schedule will be
determined at a later date.
WHAT IS THE PURPOSE OF THE AMPHITHEATER?
Performances that would not otherwise come to Roanoke during Spring
and Summer months would have an excellent venue to provide quality
entertainment for the City, while the City generates additional revenue to
offset debts.
An estimated six - eight events could include the following:
Country Western concerts, rock concerts, rhythm and blues concerts,
symphony pops concerts, religious programs and special events.
HOW WOULD EVENTS BE SCHEDULED?
Performances are scheduled 13 - 15 weeks in advance in order to promote
the event.
Special events, such as Music for Americans, is usually scheduled 10 - 12
months in advance for planning purposes.
Football is scheduled late in Winter following the previous season.
Soccer is scheduled in late Winter/early Spring.
641
DO YOU ANTICIPATE SCHEDULING CONFLICTS?
Conflicting schedules are not anticipated due to the time of use for school
events versus performances.
Performances would take place between late May and early September.
Football starts in late August.
Soccer starts in early Spring (March, April).
High school events would have first priority.
WHAT IS THE PROPOSED COST FOR USE OF THE STADIUM?
We are beginning to draft policies and rates, but we are not prepared to
present them at this time.
We will work with the Athletic Directors, coaches and principals to develop
these policies.
Rates will increase.
Maintenance of artificial turf will cost less; however, overall maintenance of
the facility would increase.
WILL BOOSTER CLUBS HAVE CONTROL OF CONCESSIONS?
Booster Clubs will not control concessions.
Volunteer groups may participate in concession sales and earn
commissions from sales.
A question was raised regarding the construction schedule and at what
point will a decision have to be made on artificial versus natural turf; whereupon,
Mr. Anderson advised that knowing the School Board's position is particularly
important because of the issue of the growing season for natural turf which will
make a lot of difference for football scheduling.
642
Dr. Trinkle referred to other events that are scheduled, and inquired if they
would decrease operating costs for school events. The City Manager advised that
events anticipated for use of the amphitheater portion of the new facility would
obviously have a revenue producing capability that the City does not currently
have from high school football, the percentage would depend on the number of
games that are played for either high school football or soccer, and the
percentage of usage might roughly remain the same. She referred toachart
showing that 54% of all use is directed toward the schools, but a revenue
producer, or the balance of that, could make the overall budget deficit different
than it is today. She stated that today the City is recovering avery small portion
of the costs of maintaining Victory Stadium, because just about every event at
Victory Stadium is a non-profit event, such as "Relay for Life", the "Western
Virginia Classic", "Music for Americans", or high school football and soccer use,
none of which produce revenues for the City; the amphitheater has the ability to
produce revenues to offset the lions share of the operating expenses, with the
exception of those special expenses that might relate to high school football;
and it is anticipated that the budget for the stadium/amphitheater operations
would be larger than the budget for Victory Stadium.
Dr. Trinkle inquired if there is a sense as to how much it will cost the
school system to use the new facility; and whether the price goes up or down, it
would be helpful to have a ballpark figure of costs, both with the field turf and
without the field turf.
The City Manager advised that an operating budget for the facility will be
prepared in the near future, but a decision with regard to artificial versus natural
turf will play a significant part in determining the operating budget, with the
costs associated with natural turf being higher. She stated that for less than
$15,000.00, the school system has gotten a great bargain, and with the first-
class facility that will be constructed there should be an expectation of a small
increase in cost. She advised that it is hoped that there will be such a quality
product that the additional cost will not deter anyone from using the facility. She
added that it is envisioned that the facility will be of such quality that
neighboring jurisdictions will ask to use the facility for different types of
activities. She stated that high school graduations are typically held outdoors, as
opposed to indoor kinds of facilities, and the new stadium/amphitheater may be
a venue to move high school graduations from an indoor activity to an outdoor
activity; many other uses are possible, but staff has not been in a position to
address the operating budget at this point because adecision has not been made
regarding natural versus artificial turf.
643
An observation was made that in maintaining the stadium, the savings
would be realized by using artificial turf. The City Manager stated that overall
operating maintenance would be less with artificial turf; the budget for Victory
Stadium for the last several years has increased substantially as a result of trying
to do a better job with the existing field, which does not have a system for
runoff, and the City has tried to put more investment into the field to provide
better playing conditions for the high schools until other arrangements are
made. However, she stated that in all likelihood, the operating budget for the
new facility will be more than the current budget, but some of the costs will be
offset by a reduction in maintenance costs.
The City Manager added that at least for the immediate future, the idea of
about 50% usage by Roanoke's high schools is a reasonable figure.
Mr. Bestpitch stated that the figure that was identified as total charges for
school sporting events for 17 dates was a little over $14,500.00, and inquired if
staff has a ball-park estimate as to what the school system would have expended
to maintain its own athletic facilities. The City Manager responded that no
figures are presently available and staff will try to provide the information.
Mayor Smith advised that the school system is thinking about using the
facility primarily for football and soccer and inquired as to how much of a
handicap will be created if the facility is used for other types of events, how
many events are now held at the Victory Stadium facility that cannot be held at
the stadium/amphitheater, and the cost of repairing the turf surface when events
are scheduled that require some form of penetration to the surface. He stated
that if a number of major events cannot be held at the new facility, it does not
matter how much of a bargain the artificial turf becomes if it limits the use of a
very expensive facility.
Mr. Fitzpatrick advised that once the facility is completed, there will be new
opportunities and requested that City staff provide their vision as to what the
facility can ultimately be, both in terms of the positives and the negatives. He
stated that the schools need to make a decision soon on the surface turf issue,
but the bottom line is the necessity to do the right thing for Roanoke's students.
644
Chairman Manns advised that there are questions in regard to not only the
maintenance fees, but any additional fees that could be incurred.
(No action was taken.)
Inasmuch as the regular meeting of Council will convene at 2:00 p.m., the
Mayor declared the joint meeting of Council and the School Board in recess at
1:55 p.m.
At 2:00 p.m., on Monday, January 5, 2004, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 21S
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and
Mayor Ralph K. Smith ................................................. 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Monsignor
Thomas G. Miller, Pastor, St. Andrews Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT: Mr. Harris offered the following resolution
recognizing the service of the Honorable A. Victor Thomas, Member, Virginia
House of Delegates:
(#36586-010504) A RESOLUTION paying tribute to A. Victor Thomas, a
member of the Virginia House of Delegates, and expressing to him the
appreciation of this City and its people for his exemplary public service.
(For full text of resolution, see Resolution Book No. 68, Page 253.)
645
Mr. Harris moved the adoption of Resolution No. 36586-010504. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
The Mayor presented a ceremonial copy of the above referenced measure
to Mr. Thomas and advised that further acknowledgements of his service will be
presented at a luncheon to be held in his honor on January 26, 2004.
ACTS OF ACKNOWLEDGEMENT: Mr. Cutler offered the following resolution
recognizing the service of the Honorable Clifton A. Woodrum, III, Member,
Virginia House of Delegates:
(#36587-0].0504) A RESOLUTION paying tribute to Clifton A. "Chip"
Woodrum, III, a member of the Virginia House of Delegates, and expressing to
him the appreciation of this City and its people for his exemplary public service.
(For full text of resolution, see Resolution Book No. 68, Page 254.)
Mr. Cutler moved the adoption of Resolution No. 36587-010504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
The Mayor presented a ceremonial copy of the above referenced measure
to Mr. Woodrum and advised that further acknowledgements of his service will be
presented at a luncheon to be held in his honor on January 26, 2004.
646
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Dowe offered the following
resolution recognizing the accomplishments of the William Fleming High School
Football Team who played against the undefeated Powhatan Indians for the VHSL
Group AA Division 4 Title at Liberty University on Saturday, December 13, 2003.
He advised that the team represented Roanoke with the highest level of
performance, sportsmanship and pride in adverse weather conditions and played
to the best of their abilities in being defeated 6-0:
(#36588-010504) A RESOLUTION paying tribute to the William Fleming
High School Football Team for its participation in the 2003 VHSL Group AA
Division 4 Football championship.
(For full text of resolution, see Resolution Book No. 68, Page 256.)
Mr. Dowe moved the adoption of Resolution No. 36588-010504. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
The Mayor presented a ceremonial copy of the above referenced measure
to Coach Keith Smith.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion is desired, the item will be removed from the Consent Agenda and
considered separately.
BUSES-AUDIT COMMITTEE: Minutes of the meetings of the Greater
Roanoke Transit Company Audit Committee and the Roanoke City Audit
Committee held on Monday, December ~L5, 2003, were before Council.
647
Mr. Dowe moved that the minutes be received and filed. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
CITY TREASURER-CLERK OF CIRCUIT COURT: The following reports of
qualification were before Council:
Evelyn W. Powers as Treasurer of the City of Roanoke, Virginia, for a
term commencing January 1, 2004, and ending December 31,2005;
and
Brenda S. Hamilton as Clerk of the Circuit Court of the City of
Roanoke, Virginia, for a term of eight years, commencing January l,
2004.
Mr. Dowe moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
648 ....
SCHOOLS: Marsha Christi and Doris Ennis, representing teachers and
administrators of the Roanoke City Public School System, presented
communications signed by administrators and teachers advising that they have
directly felt the impact of the negative press and the continued rehashing of
concerns within Roanoke's school system; the barrage of negativity has caused
teachers and administrators to question their ability to make a difference and
students to question their potential; and if the current tenor continues, Roanoke
City will neither attract nor retain quality applicants for teaching positions, local
businesses will no longer attract qualified employees, and eventually the tax base
will not be able to support the school system, therefore, they wish to avoid this
destructive urban trend.
It was further advised that recently an administrator attended a conference
in another part of the state and was offered sympathy because of where she
worked; students have asked if they attend bad schools; children should be
proud of where they go to school and staff should boast about where they work;
and teachers and administrators are proud of their association with Roanoke City
Schools and need for Council, as leaders in the community, to help restore that
sense of pride for parents, staff and students.
Ms. Christi and Ms. Ennis stated that they were present to solicit Council's
support and to share ideas for reversing the direction; by expecting and
exploiting negativity, it becomes reality, therefore, it is time to promote the
achievements of Roanoke's students and the progress that Roanoke's schools are
making toward educating all children, regardless of their background, race or
economic status. They encouraged Council to attend school functions and to
celebrate accomplishments of students, to visit classrooms, to attend athletic
events, to participate in administrative or faculty meetings and to join Parent-
Teacher Associations; and with first hand experience, Council can help to send
the message that Roanoke has dedicated employees, exceptional students and
diverse schools that prepare students to be productive citizens of the Roanoke
Valley.
Council was requested to empower the School Board with its support; to
entrust the School Board to do its job in overseeing the money that is
appropriated by Council for the schools; and Council Members can help the
situation by selecting a School Board member who can build bridges, repair
relationships and build consensus, a person who is respectful of diversity and is
a team player, a person who will promote Roanoke's schools and help to work
toward solutions to issues and offer positive direction for the Superintendent and
administrative staff.
649
As community leaders, they advised that Council can also help by stepping
to the forefront to sell the positives about Roanoke's schools; encourage
business and the news media to follow Council's lead; and Roanoke's
children look to Council for affirmation and teachers and administrators look to
Council for leadership. They requested that Council be thoughtful before issuing
public criticism of Roanoke's schools, and empower City educators with Council's
encouragement; the School Board and the Superintendent have fashioned
exceptional programs as evidenced by advances in technology and progress
toward full accreditation and student achievement; the Superintendent has set
high standards for student achievement and staff performance; and Council's
continued support as the school system works toward these standards is needed.
In closing, Ms. Christi and Ms. Ennis advised that public schools open the
world of possibility for many children and that cannot be taken away from
Roanoke's children under the guise of "identifying problems"; mistakes have
been identified and it is now time to look to the future, to build a spirit of
cooperation and to nurture growth. They asked that citizens of the community
be empowered to move forward with their public expressions of confidence in
Roanoke's schools; and advised that teachers and administrators are proud to
work in Roanoke City Schools, they believe in the value of public education and
they believe in the school system and in the potential of Roanoke's children.
Council Member Wyatt advised that Alvin L. Nash was appointed earlier in
the day to fill the unexpired term of MelindaJ. Payne as aTrustee of the Roanoke
City School Board. She stated that at no time, either publicly or privately, has she
heard any Member of Council make disparaging remarks about Roanoke's
schools, teachers or students; and Council's goal is the same as teachers and
administrators - to make Roanoke's school system the very best it can be. She
challenged administrators to be supportive of teachers as they do their jobs
because that is the level where the difference will be made.
Council Member Fitzpatrick emphasized the importance of supporting the
School Board, teachers, administrators and students. He commended educators
on the challenge that they face in today's world and expressed appreciation for
all they do on behalf of Roanoke's children.
650
Council Member Dowe advised that Council believes in Roanoke's school
system administrators, teachers and students, and expressed appreciation for
their many contributions.
The Mayor advised that Roanoke's school system is entrusted with millions
of dollars annually, but even more important, the school system is entrusted with
the lives and the future of over 13,000 young people, and he trusts that everyone
will continue to fight in the best interests of Roanoke's young people.
TEEN PREGNANCIES: Dr. Sherry Hartman, representing the Roanoke Teen
Pregnancy Prevention Initiative, presented a briefing on the project.
She advised that recent youth risk behavior survey results of Roanoke City
Public Schools regarding students in grades six, eight, ten and twelve, show that
Roanoke City students report a higher percentage than the national average in
having had sexual intercourse, engaging in sexual intercourse before the age of
13, having four or more partners, and engaging .in sexual activity in the last three
months.
She further advised that the impact for Roanoke can be seen in the 2001
teen pregnancy rate of 47.6 per 1000 females 10 - 19 years of age; although
recent data from the Center for Disease Control show that the national teen
pregnancy rate is at an all time Iow, Roanoke remains considerably higher than
the statewide rate of 29.7 per 1000 females and the healthy people2101 target
of 43 per 1000 females; and out of the 135 counties/cities in Virginia, Roanoke
has the 17th highest teen pregnancy rate.
Dr. Hartman stated that the effect of teen pregnancy on the City of
Roanoke can be viewed as having community wide consequences; i.e.: teen
parents are more likely to need public assistance, abuse or neglect their children,
never complete high school and have fewer employment skills, and babies born
to a teen parent are at greater risk of premature birth defects, lower IQ's, Iow
birth weight, and learning and emotional disabilities.
651
It was noted that Roanoke is taking a pro-active approach in addressing
these challenges through the Roanoke Teen Pregnancy Prevention Project; the
project funds three programs: the Teen Outreach Program, For Males Only, and
the Roanoke Adolescent Health Partnership; overall evidence suggests that the
Roanoke Teen Pregnancy Prevention Project continues to have a positive impact
on teen pregnancy rates in the City; according to data from the Virginia
Department of Health, the pregnancy rate in Roanoke has steadily declined from
a high of 97.1 per :1000 females in 1991 to 47.6 per :1000 females in 200].;
according to the legislative report form VDH (2002), the Roanoke Health District
has experienced an average decrease in teen pregnancy rates of 6.8 per cent, the
most significant average decrease per year of all seven VDH Teen Pregnancy
Prevention Initiative programs; and this decline indicates that programs such as
the Roanoke Teen Pregnancy Prevention Project have been a success and
highlights the continued need for strong prevention programming.
In concluding, Dr. Hartman advised that Roanoke is the only site that has
consistently evaluated program effectiveness, which is due to the funding and
support that the project has received from the City of Roanoke.
(The item was sponsored by the City Manager.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY GOVERNMENT: The City Manager presented a briefing on the City of
Roanoke's accomplishments for the year 2003.
(For full text, see list on file in the City Clerk's Office.)
Within the next year, Council Member Dowe spoke in support of
empowering the Youth Services Citizen Board to create its own comprehensive
plan. He stated that those young persons who playa role in the decision-making
of the City tend to return to the Roanoke area following completion of their
college education.
652
Without objection by Council, the Mayor advised that the list of
accomplishments would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-INSURANCE-BUDGET: The City Manager
submitted a communication advising that historically, proceeds from the sale of
surplus Vehicles/Equipment have been budgeted and recorded in the General
Fund; and fiscal year 2004 adopted revenue estimate for the sale of fleet is
$100,000.00 within the General Fund.
It was further advised that Fleet Management received approval from the
City Manager to use Vehicle/Equipment Surplus proceeds to supplement the
funding of replacement of aged vehicles and equipment; from July 2003 to date,
$153,132.00 has been collected in surplus revenue from the sale of vehicular
equipment; for fiscal year 2004, the projected revenue estimate for the sale of
vehicle and equipment surplus is $350,000.00 and this revised revenue estimate
needs to be established in the Fleet Management Fund.
It was noted that insurance proceeds are also received by the Fleet
Management Fund when third parties are required to pay the City for vehicular
accidents; current year revenue estimate for such recoveries is $7,000.00, but
based on historical performance and current year expectations, an estimate of
$70,000.00 is more likely; and funding from insurance recoveries is used to
make vehicular repairs or replacements as necessary.
The City Manager recommended that Council increase revenue estimates in
the Fleet Management Fund for Sale of Surplus Property by $250,000.00 and
insurance recoveries by $63,000.00; and appropriate funding of $313,000.00 in
the Fleet Management Fund to the Vehicular Equipment account.
Mr. Dowe offered the following budget ordinance:
(#36589-010504) AN ORDINANCE appropriating funds for vehicular
equipment and revising the revenue estimates for sales of surplus vehicles and
insurance recoveries, amending and reordaining certain sections of the 2003-
2004 Fleet Management Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 257.)
653
Mr. Dowe moved the adoption of Ordinance No. 36589-010504. The
motion was seconded by Mr. Cutler.
Council Member Bestpitch questioned the overall policy and whether a
precedent is being established. He called attention to acurrent procedure which
provides that if an activity within the City generates additional revenue through
one means or another, such revenue will be automatically used for additional
expenditures within the same activity.
The City Manager clarified that such is done on a case by case basis and
not by unilateral policy in each City department. In this instance, she advised
that it is not suggested that any revenue that was already anticipated for the
City's General Fund would come out of the General Fund, but rather any
additional revenue above the estimate would be placed in the Fleet Management
Capital Maintenance and Replacement Program account to purchase replacement
vehicles, as opposed to going back into a General Fund category.
Mr. Bestpitch questioned whether the funds would have been spent for the
purposes proposed by the City Manager had the Council known about the
additional revenue during budget study, or were there other needs in the budget
that could have been addressed by using the additional funds. He stated that the
number one responsibility of the City Council is to manage the budget process
and to match budget numbers with City priorities in terms of policy. He
expressed concern because it appears that Council is moving from a Council
policy/approval to an administrative policy/approval in regard to how the budget
will be managed.
The City Manager advised that the communication was presented to the
Council for the express purpose of the Council either approving or not approving
the recommended policy in terms of how monies should be spent in the future.
Council Member Cutler shared the concerns expressed by Mr. Bestpitch
because there appears to be awindfall in terms of additional income that was not
previously anticipated. He advised that further discussion is in order atafuture
budget study/work session of the Council.
654
The Mayor advised that the entire process should be reviewed and
discussed by Council in a budget study/work session, and Council should
maintain control over the budget process.
Mr. Bestpitch offered a substitute motion that the ordinance be referred to
the Budget and Planning Committee for review. The motion was seconded by Mr.
Cutler.
Mr. Fitzpatrick advised that the matter should be the topic of discussion in
a broader sense at a future Council budget study session. He also spoke to the
importance of providing incentives for department managers with regard to
revenue producing issues.
The City Manager clarified that the recommended action is to increase
revenues by $250,000.00 and $63,000.00, or a total of $3:~3,000.00; secondly,
the recommendation is that any increase, which is an estimate based upon
revenue to be collected through the balance of the fiscal year, will be placed in
the Vehicular Equipment account and the money can only be used for vehicular
replacement; and to date, the Vehicular Equipment Replacement account has not
been adequately funded and the recommendation provides a means to build
funding for that express purpose.
Following further discussion, Vice-Mayor Harris suggested that Council act
on the recommendation of the City Manager, and the concerns of Council
Members Bestpitch and Cutler in regard to handling future situations could be
discussed at a meeting of the Budget and Planning Committee.
Mr. Bestpitch withdrew his substitute motion to refer the ordinance to the
Budget and Planning Committee, and Mr. Cutler withdrew his second to the
motion.
Ordinance No. 36589-010504 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, 8estpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None .................................................. 0.
655
GRANTS-COMMUNITY PLANNING-BUDGET-HOUSING/AUTHORITY: The City
Manager submitted a communication advising that in order to receive
Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must
submit a five-year Consolidated Plan and Annual Updates to the U. S.
Department of Housing and Urban Development (HUD); and substantial
amendments to the plan must undergo a 30-day public review and comment
period and be approved by Council.
It was further advised that at this time, the City has $505,081.00 available
in unanticipated CDBG program income and $90,728.00 in unexpended prior-
year CDBG funds that may be used to undertake new activities, or to expand
current activities; much of the unanticipated program income results from a
payment from The Hotel Roanoke, LLC (HRLLC) in excess of the amount budgeted
(The HRLLC pays the City annually as a result of the HUD Section 108 loan that
contributed to renovating the hotel); the City has identified seven activities of
importance to the community to use the funds, which are summarized on an
attachment to the report; in order to implement the proposed uses, each activity
and its associated funding must be added to the current plan; and individually
and collectively, the activities constitute a substantial amendment to the plan
that must be approved by Council prior to implementation.
It was noted that the 30-day public review and comment period was
conducted from November 25 to December 26, 2003, and no comments
objecting to the intended amendments were received; and implementing use of
the funds during the current year will have the added benefit of assisting the City
in maintaining compliance with HUD's requirements concerning timely
expenditures.
The City Manager recommended that Council approve amendments to the
Consolidated Plan; and appropriate $505,081.00 in excess program income to
accounts designated by the Director of Finance and adjust revenue accounts
accordingly.
Mr. Fitzpatrick offered the following budget ordinance:
(#36590-010504) AN ORDINANCE appropriating funds for the Community
Development Block 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, Page 258.)
656
Mr. Fitzpatrick moved the adoption of Ordinance No. 36590-010504. The
motion was seconded by Mr. Dowe.
Council Member Bestpitch raised a question with regard to the public
comment period and suggested, in the future, that an announcement be included
on a City Council agenda that the public comment period has, or is about to
commence, in order to make citizens aware of the opportunity to participate.
The City Manager responded to questions in regard to $200,000.00
dedicated to the NNEO Fifth Street Gateway Project; $100,000.00 for
predevelopment cost ora multi unit rental housing for Iow and moderate income
persons (planning and design); Villa Heights Recreation Center activities
involving the replacement of major systems and components of the facility; and
$82,309.00 for curb, gutter and sidewalks or other improvements in the Hurt
Park area, or other Iow and moderate income neighborhoods of the City.
It was mentioned by a Member of Council that on several occasions, a
representative of the Hurt Park neighborhood has addressed Council with regard
to alleged funds that were appropriated by the City for use in the Hurt Park
neighborhood, and some form of communication should take place with
representatives of the Hurt Park neighborhood to clarify the intended purposes
of the $82,000.00.
Ordinance No. 36590-010504 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
Mr. Fitzpatrick offered the following resolution:
(#36591-010504) A RESOLUTION approving certain amendments to the
Five Year Consolidated Plan for Fiscal Year 2003-2004.
(For full text of resolution, see Resolution Book No. 68, Page 259.)
657
Mr. Fitzpatrick moved the adoption of Resolution No. 36591-010504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None .................................................. 0.
POLICE DEPARTMENT-FIREARMS-CITY CODE: The City Manager submitted
a communication advising that the City's Deer Management Program was
implemented on November 10, 2003, and will finish on March 1, 2004; the
proposed outcome of the program is the elimination of between 75 and 200
antler-less deer on City property; impact of the deer population has been
reduced by 49 during the first 19 days of the program, thus, the average antler-
less deer kill of 2.6 deer per program night; three retired Roanoke Police Officers
hired as "shooters" for the program report that it is not uncommon to see a herd
of five-ten deer each night and the ratio to antlered (young male) deer to antler-
less (female) deer appears to be 10:1; and killing antler-less deer is the first
priority of the program, however, in order to achieve the desired impact in
reducing and controlling the City's deer population, the killing of antlered deer
needs to become part of the program to allow thinning the herds at a much
higher rate.
It was further advised that Section 2:[-80 of the Code of the City of
Roanoke (:[979), as amended, states that "it shall be unlawful for any person to
shoot any gun, pistol or any other firearm within the limits of the city, except in
the case of urgent necessity. This section shall not apply to members of the city
police, persons authorized by the city to cull antlerless deer under the conditions
of the Urban Deer Management Program permit (DPOP) granted to the City by the
Virginia Department of Game and Inland Fisheries, members of the established
armed forces and members of bona fide gun clubs, shooting on ranges approved
by the city council and established in the city for their use, and persons shooting
in licensed shooting galleries"; and there is no provision in Section 21-80 that
allows for discharge of a firearm for the purpose of culling the antlered deer
population.
658
It was explained that a proposed amendment to Section 21-80 states that:
"persons authorized by the city to cull ~deer under the conditions of the
Urban Deer Management Program Permit (DPOPP) granted to the City by the
Virginia Department of Game and Inland Fisheries" will be allowed to discharge a
firearm within the limits of the City; and the proposed amendment to Section 21-
80 will enable the City to more fully implement its deer management plan.
The City Manager recommended that Council adopt an ordinance amending
Section 2:1-80 of the City Code pertaining to the discharging of firearms.
Mr. Cutler offered the following ordinance:
(#36592-010504) AN ORDINANCE amending and reordaining §21-80,
Discharginq firearms, Article III, Weapons, of Chapter 21, Offenses -
Miscellaneous, of the Code of the City of Roanoke (1979), as amended,
exempting persons authorized by the City to cull male deer from the application
of §21-80; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 260.)
Mr. Cutler moved the adoption of Ordinance No. 36592-010504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None .................................................. O.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-CMERP: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of November 2003.
Council Member Cutler inquired about the status of water line
improvements at the Mill Mountain Zoo; whereupon, the City Manager called
attention to an internal system to serve the Zoo itself and a planned
improvement to which the internal system will be connected, both of which are
currently underway, one through the Utility Lines budget and one through a
specific appropriation to the Mill Mountain Zoo.
659
Dr. Cutler inquired about the status of water storage tanks in the vicinity of
the Mill Mountain Zoo; whereupon, the City Manager advised that she would
provide the information to Dr. Cutler after conferring with the Director of
Utilities.
There being no further discussion, without objection by Council, the Mayor
advised that the Financial Report for the month of November 2003 would be
received and filed.
BUDGET-INSURANCE: The Director of Finance submitted a written report
advising that Section 2-188.1 Reserve for self-insured liabilities, Code of the City
of Roanoke (1979), as amended, stipulates that at the conclusion of each fiscal
year, $250,000.00 to the extent available from any undesignated General Fund
balance at the end of such fiscal year, shall be reserved for self-insured liabilities
of the City; maximum balance of the reserve is three per cent of total General
Fund appropriations for the concluded fiscal year; and as such, at June 30, 2003,
$250,000.00 was reserved in the General Fund for self-insured liabilities.
The Director of Finance recommended adoption of an ordinance that will
appropriate the $250,000.00 reserved in the General Fund for self-insured
liabilities to be transferred to the Risk Management Fund where the remaining
self-insured reserve exists; and the measure also establishes a revenue estimate
in the Risk Management Fund for said transfer, thereby increasing the Reserve
for Self-Insured Liabilities.
Mr. Dowe offered the following budget ordinance:
(#36593-010504) AN ORDINANCE appropriating funds for vehicular
equipment and revising the revenue estimates for sales of vehicles and insurance
recoveries, amending and reordaining certain sections of the 2003-2004 Fleet
Management Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 261.)
660
Mr. Dowe moved the adoption of Ordinance No. 36593-010504. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None ..................................................
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
COUNCIL-VIRGINIA MUNICIPAL LEAGUE; Mr. Cutler offered the following
resolution expressing the desire of the City of Roanoke to host the Annual
Meeting of the Virginia Municipal League in the year 2009.
(#36594-010504) A RESOLUTION extending an invitation to the Virginia
Municipal League, expressing the desire of this Council that the City of Roanoke
be the site for the Annual Meeting of the Virginia Municipal League in 2009.
(For full text of resolution, see Resolution Book No. 68, Page 262.)
Mr. Cutler moved the adoption of Resolution No. 36594-010504. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick
and Mayor Smith .................................................... 7.
NAYS: None .................................................. 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
661
ACTS OF ACKNOWLEDGEMENT-INDUSTRIES: Council Member Cutler
congratulated the owners of Black Dog Salvage upon relocating their business to
902 13'h Street, S. W., for the purpose of establishing Memorial Bridge Market
Place, which will transform a warehouse into an interior designer mall.
COMMI'I-rEES-BUDGET: Vice-Mayor Harris, Chair, Budget and Planning
Committee, advised that the 10:30 a.m., meeting of the committee will be
deferred until Tuesday, January 20, 2004.
ARCHITECTURAL REVIEW BOARD-BRIDGES: Council Member Bestpitch
acknowledged receipt of a communication from the Architectural Review Board in
regard to the First Street Bridge replacement and potential uses for the historic
structure. He requested that the communication be referred to the City Manager
for report to Council on various options for preserving and utilizing the bridge in
the future.
TRAFFIC-COMPLAINTS: Council Member Wyatt referred to a request of Mr.
and Mrs. Lee L. Altice, 2515 Daleton Boulevard, N. E., with regard to the
installation of no parking signs on the street while new construction is in
progress. She advised that the developer is willing to work with the City and
others to address the concerns of residents and requested that the matter be
referred to the City Manager for report to Council.
HOUSING/AUTHORITY: Council Member Wyatt called attention to numerous
older homes in the City of Roanoke that have been converted to apartments and
suggested that the City, working in conjunction with the Roanoke Redevelopment
and Housing Authority, identify available incentives to property owners who
restore such dwellings to their original state.
ROANOKE CIVIC CENTER: Council Member Wyatt suggested that the floor
at the Roanoke Civic Center be painted.
ACTS OF ACKNOWLEDGEMENT-ROANOKE CIVIC CENTER: Council Member
Wyatt advised that the Roanoke Express Hockey Team is-currently ranked third
place in the Southern Division.
662
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 MANAGER COMMENTS: NONE.
At 4:00 p.m., the Mayor declared the Council meeting in recess for
continuation of a closed session.
At 4:55 p.m., the Council meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, except Ms. Wyatt, Mayor Smith
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Harris, Bestpitch, Cutler, Dowe, Fitzpatrick and
Mayor Smith ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Wyatt was not in the Council Chamber when the vote was
recorded.)
There being no further
adjourned at 5:00 p.m.
ATTEST:
Mary F. Parker
City Clerk
business, the Mayor declared the meeting
APPROVED
Ralph K. Smith
Mayor
663
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
January 20, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
January 20, 2004, 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 Chapter2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by Council on
Monday, July 7, 2003.
PRESENT: Council Members Linda F. Wyatt (arrived late), William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
C. Nelson Harris, and Mayor Ralph K. Smith .............................. 7.
ABSENT: None .................................................. O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The Invocation was delivered by The Reverend 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.
PRESENTATIONS AND ACKNOWLEDGMENTS:
DECEASED PERSONS: Mr. Fitzpatrick offered the following resolution
memorializing the late Ernest W. Ballou, former Judge, Circuit Court:
(#36595-012004) A RESOLUTION memorializing the last Ernest W. Ballou, a
native of Roanoke and retired Judge of the Twenty-third Judicial Circuit of the
Commonwealth of Virginia.
(For full text of resolution, see Resolution Book No. 68, Page 264.)
664
Mr. Fitzpatrick moved the adoption of Resolution No. 36595-012004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and
Mayor Smith ......................................................... 6.
NAYS: None .................................................... 0.
(Council Member Wyatt was not present when the vote was recorded.)
The Mayor presented a ceremonial copy of the above referenced measure to
Robert S. Ballou, son of the late Judge Ballou.
(Council Member Wyatt entered the meeting.)
DECEASED PERSONS: Mr. Cutler offered the following resolution
memorializing the late James N. Kincanon, former City Attorney, and President
and Treasurer of the Roanoke Bar Association.
(#36596-012004) A RESOLUTION memorializing the late James N.
Kincanon, former City Attorney, and President and Secretary/Treasurer of the
Roanoke Bar Association.
(For full text of resolution, see Resolution Book No. 68, Page.)
Mr. Cutler moved the adoption of Resolution No. 36596-012004.
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
The
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ........................................ ' ............ 7.
NAYS: None .................................................... O.
The Mayor presented a ceremonial copy of the above referenced measure to
Mrs. Kincanon.
665
DECEASED PERSONS: Mr. Dowe offered the following resolution
memorializing the late Lawrence H. Hamlar, President and Co-owner of Hamlar
Curtis Funeral Home, and Roanoke's 2000 Citizen of the Year.
(#36597-012004) A RESOLUTION memorializing the late Lawrence H.
Hamlar, a native of Roanoke and President and co-owner of Hamlar-Curtis
Funeral Home.
(For full text of resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36597-0].2004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
The Mayor presented a ceremonial copy of the above referenced measure to
Ms. Brenda Miller, niece of the late Mr. Hamlar.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 17, 2003, and recessed until Friday, November 2:1, 2003; and Monday,
December 1, 2003, were before the body.
The Mayor requested that the minutes be removed from the Consent
Agenda for modification; whereupon, the request was approved by consensus of
the Council.
666
CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr.,
Chair, 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, was
before the body.
Mr. Bestpitch moved that Council concur in the request of Council Member
Dowe 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 Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that 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.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in a Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
COMMITTEES-INDUSTRIES: A communication from William L. Bova tendering
his resignation as a member of the Industrial Development Authority, effective
January 9, 2004, was before Council.
Mr. Bestpitch moved that Council accept the resignation and that the
communication be received and filed. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
667
SCHOOLS-COMMITTEES-OATHS OF OFFICE: A report of qualification of
Alvin L. Nash as a Trustee of the Roanoke City School Board, to fill the unexpired
term of Melinda J. Payne, resigned, ending June 30, 2004; and Bittle W.
Porterfield, III, as a member of the Roanoke Valley Resource Authority, for a term
ending December 31,2007, was before Council.
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-PENSION: C.R. Martin, representing the Roanoke City Retirees
Association, requested a pay increase for City retirees for fiscal year 2005 and a
supplement toward health insurance for City employees 65 years of age and
older.
By consensus of the Council, the matter was referred to fiscal year 2004-05
budget study.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
668
HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS: The
City Manager submitted a communication advising that World Changers, a
volunteer ministry of the North American Mission Board, Southern Baptist
Convention (World Changers), brings together youth and adults from across 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 assisted in repairing more than 40 homes in the City; during the
project, housing of workers was provided by the Roanoke City School Board;
given the success of the 2003 project and the productive working relationships
that were established, the City, 8RHDC and World Changers are looking to
conduct another project during the summer of 2004; a total of $80,000.00 in
CDBG funds is to be committed to the 2004 project; and funds were authorized
by Council, pursuant to Resolution No. 36591-010504, adopted on January 5,
2004, which amended the City's Consolidated Plan to add the 2004 World
Changers project.
It was further advised that housing for World Changers volunteers will again
be provided by the Roanoke City School 8oard; and arrangements are being
finalized by BRHDC and the City's Youth Services Superintendent directly with
school officials.
The City Manager recommended that she be authorized to execute a CDBG
Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., to
be approved as to form by the City Attorney.
Mr. Dowe offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
669
Mr. Dowe moved the adoption of Resolution No. 36598-012004. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES:Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
CITY CODE-BUILDINGS/BUILDING DEPARTMENT: The City Manager
submitted communication advising that 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 construction and maintenance of
buildings and structures; 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; and the USBC also contains
administrative provisions governing the use of model codes and establishing
requirements for the enforcement of the code by local building departments and
other code enforcement agencies.
It was further advised that amending the Code of the City of Roanoke,
1979, will reflect recent amendments to the Virginia USBC, by referring to
updated code sections that were adopted by the State, and are enforced at the
local level.
The City Manager recommended that Council adopt an ordinance amending
Sections 7-5 and 7-35 of the Code of the City of Roanoke, 1979, as amended, to
bring the City Code into conformity with recent amendments to the Virginia
Uniform Statewide Building Code.
Mr. Dowe offered the following ordinance:
(#36599-012004) AN ORDINANCE 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; and dispending with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
670
Mr. Dowe moved the adoption of Ordinance No. 36599-012004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
BUDGET-SNOW REMOVAL: The City Manager submitted a communication
advising that once again, the City is experiencing a higher than normal demand
on snow removal resources; three storms that hit the City thus far have absorbed
the bulk of snow removal funds budgeted for the 2003-2004 winter session;
demands of last year's storms left the City's salt supplies depleted; limited
resources and efforts to balance an overburdened budget resulted in a snow
removal operating budget that could not fully replenish the City's salt supplies at
the beginning of the winter season; an additional 3,300 tons of salt has been
purchased and delivered to the salt storage facility restoring the City's total
supply to approximately 4,800 tons (75% of the 6,500 ton capacity); and
anticipated salt usage between January 1 and the end of the winter season equals
approximately 3,000 tons based on the previous two-year average.
It was further advised that in addition to the purchase of salt, funds are
also needed to cover overtime wages and other operations costs; an estimate of
the 2003-2004 snow removal expenses was developed by adding the previous
two-year average costs (January 1" through the end of the winter season) to the
costs already incurred during the current season; and based on this projection, a
budget adjustment of $270,072.00 is needed to support the recent purchase of
additional salt and anticipated expenses for the remainder of the winter season.
The City Manager recommended that Council approve transfer of funds in
the amount of $150,000.00 from City Manager Contingency (Account No. 001-
300-9410-2199) and $120,072.00 from Transportation-Streets and Traffic
Regular Salaries, Account No. 001-530-4110-1002, to Snow Removal, Account
Nos. 001-530-4140, as follows:
1003 Overtime Wages
1120 FICA
2035 Expendable Equipment
2038 Motor Fuels & Lubricants
2045 Chemicals
$ 105,641.00
8,081.00
12,913.00
6,722.00
$ 136,715.00
671
Mr. Fitzpatrick offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36600-0].2004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase the
apprehension, prosecution and adjudication of persons committing violent crimes
against women; and the program, "Virginia Services, Training, Officers,
Prosecution Violence Against Women" (VSTOP) has funded the establishment of a
Domestic Violence Unit within the Police Department since ].999.
It was further advised that on December 29, 2003, DCJS awarded the Police
Department $34,023.00 to employ a full-time, non-sworn Domestic Violence
Specialist, thereby allowing continuation of the Domestic Violence Unit in
calendar year 2004; and the required City in-kind match of $1].,34]..00 will be
met through salary paid to current Police Department personnel, with no local
cash match required.
It was noted that 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; and the program produces more equitable victim-
offender criminal justice dispositions related to domestic violence offenses.
672
The City Manager recommended that Council accept the V-STOP grant and
that she be authorized to execute the grant agreement and any related
documents, in a form to be approved by the City Attorney; and that Council
appropriate State grant funds in the amount of $34,023.00, with a corresponding
revenue estimate, in accounts to be established by the Director of Finance in the
Grant Fund.
Appropriation:
Description
Regular Employee Salaries
Retirement
FICA
Medicare Insurance
Total
Account
035-640-3326-1002
035-640-3326-1105
035-640-3326-1120
035-640-3326-1125
Amount
$ 26,897.00
2,044.00
2,058.00
3,024.00
$ 34,023.00
Mr. Dowe offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36601-012004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
Mr. Dowe offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 68.)
673
Mr. Dowe moved the adoption of Resolution No. 36602-0!2004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
BUDGET-HUMAN DEVELOPMENT-LEASES: The City Manager submitted a
communication advising that in November 200!, 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, 150! Williamson Road, N. W.; the Department of Human Services will
relocate its offices to the Civic Mall, for a lease term of 20 years, commencing on
June !, 2003 and expiring on May 31, 2023; and prior to the commencement
date, the Lessor will complete renovations and improvements to the premises in
an amount not to exceed $2,497,080.00.
It was further advised that in November 2002, Council approved Lease
Amendment No.:~, however, the lease was not, and will not be executed due to
lack of funding for the Health Department's portion of the leased premises;
therefore, both parties desire to amend the Lease Agreement, as follows:
The third floor of the building will be occupied by the Department of
Human Services, and 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 !9, 2024.
· 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 City Manager recommended that she be authorized to execute Lease
Amendment No. 1, in a form to be approved by the City Attorney.
674
Mr. Harris offered the following ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36603-012004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
AIRPORT-TRAFFIC-BUSES-STATE HIGHWAYS-BRIDGES: The City Manager
submitted a communication advising that the Pub/ic-?rivate 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.
It was further advised that 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; and 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.
675
In summary, it was explained that the intent of the 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.
The City Manager advised that a substantial number of PPTA projects are
underway, or under construction across the State, including the Interstate 8].
widening project; many of these projects would likely not be built or would be
long delayed if not for the public-private partnership approach; and 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).
It was further advised that 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
techno/ogyinfrastructure; 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; 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 VPPA; and local governments are required to adopt procedures
consistent with the PPEA before any such proposal can be considered.
It was explained that staff has developed implementation procedures based
on an evaluation of PPEA requirements and procedures adopted by other Virginia
local governments, including Roanoke County.
The City Manager recommended that Council approve and adopt the
Procedures for the Public-Private Education facilities and Infrastructure Act of
2002; and authorize the Director of General Services to make such procedure
publicly available, which may include posting on the City's website; and further
authorize the City Manager to take such further action as may be necessary,
including development of guidelines, to implement and administer such
procedures.
676
Mr. Fitzpatrick offered the following ordinance:
(#36604-012004) AN ORDINANCE 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;
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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36604-012004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
CITY A'I-I'ORN EY:
CITY ATTORNEY-CLERK OF CIRCUIT COURT: A report of the City Attorney
with regard to a contract with the Clerk of the Circuit Court was deferred until the
7:00 p.m. Council Session.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that pursuant
to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the terms of office of
Alvin L. Nash and Ruth C. Willson will expire on June 30, 2004.
It was further advised that pursuant to Section 9-16, Code of the City or
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
677
intention in a newspaper of general circulation in the City twice a week for two
consecutive weeks; 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. roanokeqov.com; and
information describing the duties and responsibilities of School Trustees may be
obtained in the City Clerk's Office.
Without objection by Council, the Mayor advised that the report would be
received and filed.
DIRECTOR OF FINANCE:
BONDS/BOND ISSUES: The Director of Finance submitted a written report
advising that the City issued $23 million of Series 1996A and $8.3 million of
Series 1996B bonds dated January 1, :].996; 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, and interest rates on the callable maturities of the bonds range from 4.9
per cent to 5.0 per cent.
It was further advised that the City issued $13.01 million of Series 1997A
bonds dated December 16, 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, and
the interest rate on each of the maturities is 5.0 per cent.
The Director of Finance explained that the City issued $26,020,000.00 of
Series 1999A and $10,100,000.00 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 and after October
1, 2010, totaling $19.19 million are callable, and interest rates on the callable
maturities of the bonds range from 5.0 per cent to 6.0 per cent.
678
It was noted that 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 the bonds become callable;
based upon discussions with the City's financial advisor, BB&T Capital Markets, it
is believed that an appropriate level of savings to justify refunding the 1996
bonds would be a net present value amount of $500,000.00, provided that
savings of at least three per cent of net present value of the refunded bonds
could also be achieved; and appropriate level of savings to justify refunding the
1997A bonds would be a net present value amount of $200,000.00, provided that
savings of at least three per cent 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 $500,000.00, provided that
savings of at least four per cent of net present value of the refunded bonds could
also be achieved.
It was advised that since interest rates fluctuate daily, it is imperative to the
success of a refunding that the City act quickly once interest rates enable use 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 the refunding opportunities
using the same date upon which to base market conditions; a team of personnel
from the City's Department of Finance and the City's financial advisor, BB&T
Capital Markets, will evaluate the responses to the analyses and make selections
accordingly; and 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 Director of Finance recommended that Council adopt a 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 $500,000.00 and a minimum of three
679
per cent of the net present value of the 1996 bonds can be achieved; refunding
bonds shall be issued to refund the ].997A bonds if net present value savings of
$200,000.00 and a minimum of three per cent of the net present value of the
1997A refunded bonds can be achieved; and refunding bonds shall be issued to
refund the 1999 bonds if net present value savings of $500,000.00 and a
minimum of four per cent of the net present value of the 1999 refunded bonds
can be achieved.
Mr. Cutler offered the following resolution:
(#36605-0:~2004) A RESOLUTION authorizing the issuance and sale at
negotiated sale of not to exceed sixty million dollars ($60,000,000.00) 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 or 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 bond, 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.
(For full text of Resolution, see Resolution Book No. 68.)
680
Mr. Cutler moved the adoption of Resolution No. 36605-012004. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations and transfers:
$86,809.00 from the 2003-2004 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 development of training curriculum for the hearing
impaired program, which is a continuing program that will be
reimbursed 100 per cent 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, which is a
continuing program that 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, which will
provide instruction in the legal process and will allow for alternative
disciplinary actions, to be reimbursed with Federal funds.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
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Mr. Fitzpatrick offered the following budget ordinance:
(#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 Project 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. Fitzpatrick moved the adoption of Ordinance No. 36606-012004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Carl D. Cooper, Chair-Elect,
Roanoke Neighborhood Advocates, presented a report advising that the Roanoke
Neighborhood Advocates (RNA) was established pursuant to Resolution No.
36397-061603 adopted by Council on June 16, 2003, and is charged with the
responsibility of fulfilling eight goals, defined as "duties and responsibilities; and
Resolution No. 36397-061603 instructed the Roanoke Neighborhood Advocates
to submit its By-Laws and Strategic Plan for approval by Council by December 30,
2003.
Mr. Cooper presented the proposed By-Laws and Strategic Plan for the RNA,
and advised that although the documents address the structure and the way that
the RNA would like to carry out its work, they are subject to change as knowledge
of community issues grow.
(See By-Laws and Strategic Plan on file in the City Clerk's Office.)
It was the consensus of Council that the Strategic Plan and By-Laws would be
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.
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UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL: NONE.
HEARING OF CITIZENS UPON PUBLIC MA'I-rERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
SIDEWALK/CURB AND GUTTER-COMPLAINTS-HOUSING AUTHORITY-
COMMUNITY PLANNING- STREETS AND ALLEYS: Mr. Chris Craft, 150! 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 associated with water run off due to the lack of storm drains and curb
and gutter in the East Gate Community; the need for storm doors for Lincoln
Terrace residents; sidewalks on Orange Avenue are in need of repair; and the
need to pave streets in the East Gate community, specifically 20'h Street, N. E.
CITY MANAGER COMMENTS:
FIRE DEPARTMENT: 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.
At 3:00 p.m., the Mayor declared the Council meeting in recess for two
Closed Sessions.
At 7:00 p.m., on Tuesday, January 20, 2004, the Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 21S Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
Ralph K. Smith presiding.
683
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ........................................................ 7.
ABSENT: None .................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENTS:
On behalf of the Members of Council, the Mayor advised that he was
pleased to present a Shining Star Award to Ms. Elizabeth Baker. He stated that
Ms. Baker's grandmother purchased Saleeba's Grocery Store at 926 Tazewell
Avenue, S. E., in 1940, her mother worked in the store for over 50 years providing
service to southeast Roanoke residents, and Ms. Baker has continued to operate
the neighborhood retail store and contribute to the "village center" concept. He
stated that Ms. Baker also works a second job as a nurse, yet she continues this
fine tradition that was started by her family in 1940.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Tuesday, January 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of Creekside Center, LLC, to rezone 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, from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District, the
matter was before the body.
684
Legal advertisement of the public hearing was published in The Roanoke
T/rne$ on Friday, January 2, 2004 and Friday, January 9, 2004.
The City Planning Commission submitted a written report advising that the
two subject parcels are surplus properties owned by the Virginia Department of
Transportation; and the petitioner is the contract purchaser of two vacant
properties, which total 0.136 acre.
It was further advised that 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 for development for retail purposes; 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; and the petitioner's request to rezone the adjoining
surplus properties of the Virginia Department of Transportation (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.
It was noted that the two surplus properties owned by VDOT, as a result of
the Peters Creek Extension, are no longer viable residential properties; approval
of the rezoning request would provide for more flexibility in the development of
the two outparcels on the Food Lion tract; and the request to rezone the two
subject parcels is consistent with the polices 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.
The City Planning Commission recommended approval of the proposed
rezoning, given the size and surplus status of the two subject properties and the
adjoining C-2 tracts of land and their potential commercial development.
Mr. Dowe offered the following ordinance:
(#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.
685
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36607-012004. The
motion was seconded by Mr. Fitzpatrick.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her client.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36607-012004 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Tuesday, January 20, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on a request 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, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 20, 2003.
The Mayor advised that the purpose of the public hearing is to gather
public input on the creation of a regional water and wastewater authority. He
stated that the last drought convinced community leaders in Roanoke and
Roanoke County that a better plan for the Roanoke Valley's water supply was
needed; therefore, on February 27, 2003, Council and the Roanoke County Board
of Supervisors voted to authorize and direct their staffs to jointly plan such an
authority, in order to become true partners in meeting the water and wastewater
needs of their citizens and businesses.
686
He explained that City and County employees have been busy since that
time planning the merger of operations in both jurisdictions to form the Western
Virginia Water Authority; and in September, 2003, seven community meetings
were held at locations in Roanoke County and the City of Roanoke to solicit
citizen input on the Authority and to answer questions raised by residents. He
advised that currently under consideration is a concurrent resolution containing
Articles of Incorporation that define the Authority and authorize the City Attorney
to file the Articles of Incorporation with the State Corporation Commission;
among other things, the Articles of Incorporation specify the new name of the
Authority which is the Western Virginia Water Authority, create a seven member
board to oversee the Authority, and empower the Authority to manage water and
wastewater assets in the best interest of both City and County residents;
The City Manager submitted a communication advising that the Western
Virginia Water 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 capital construction; utility
assets and current utility employees from both jurisdictions will be transferred to
the Authority; City Council and the Roanoke County Board of Supervisors are
responsible for appointing members to the Authority's seven member governing
board; and a concurrent resolution also allows for delegation of storm water
operations if desired at a late date.
The City Manager recommended that Council adopt a concurrent resolution
creating the Western Virginia Water Authority and authorizing the City Attorney to
file the Articles of incorporation with the State Corporation Commission.
Mr. Fitzpatrick offered the following resolution:
(#36608-012004) A RESOLUTION creating the Western Virginia Water
Authority.
(For full text of Resolution, see Resolution Book No. 68.)
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
687
Council Member Fitzpatrick advised that this is a "red letter day" and
expressed appreciation to the citizens of the Roanoke Valley who continues to
conserve water and support a Regional Water Authority. He commended Council
for the leadership provided to City staff by allowing staff the freedom to work
through the details of the project which will make a significant difference in the
lives of not only Roanoke City residents, but in the lives of citizens of the entire
Roanoke Valley and beyond.
There being no further discussion or comments by Council Members,
Resolution No. 36608-012004 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
OTHER BUSINESS:
COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS: A request of Ms. Sharon
Sue Altice, 2815 Daleton Boulevard, N. E., to present certain neighborhood
concerns, was before Council.
The City Clerk advised that Ms. Altice would like to withdraw the item at
this time.
CLERK OF CIRCUIT COURT-SHERIFF-COMMONWEALTH ATTORNEY-
TREASURER-COMMISSIONER OF THE REVENUE: Council at its 2:00 p.m. session,
having delayed action on a report of the City Attorney with regard to a contract
with the Clerk of the Circuit Court, pending preparation of the proper measure
establishing the salary of the current Clerk of Circuit Court, the matter was before
the body.
The City Attorney submitted a written report advising that 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 Iocality's personnel system, if agreed to by
the Constitutional Officer and the local governing body, which is authorized by
§15.2-3008, Code of Virginia; the agreement is customarily memorialized by
execution of an agreement between the Constitutional Officer and the governing
body; and 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.
688
It was further advised that such contracts with Constitutional Officers
expire when a Constitutional Officer leaves office, and new contracts must be
executed by successors to the position; Brenda Hamilton, the new Clerk of Circuit
Court, has proposed a contract which proposes terms heretofore not addressed in
such contracts, addressing such things as courthouse access and the role of the
Circuit Court in establishing work hours of the Clerk's office; the proposed
contract has been reviewed by the City Manager, Director of Finance, Human
Resources Manager and City Attorney, and they have no problem with the terms
of the contract as proposed.
The City Attorney explained that the new City Treasurer, Evelyn Powers, has
executed a contract with the City; terms of the contract are those traditionally
agreed to by the City; and Council has given the City Manager the authority to
execute the agreement, therefore, no further action by the Council is necessary.
Mr. Bestpitch offered the following ordinance:
(#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.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Bestpitch moved the adoption of Ordinance No. 36609-012004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
689
Mr. Harris offered the following resolution:
(#36610-012004) A RESOLUTION 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 officers of a written
agreement between the City and her, relating to the Clerk's compliance with
certain City ordinances, policies and procedures.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36610-012004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council,
COMPLAINTS-DRUGS/SUBSTANCE ABUSE: Ms. Sandra Jeffries, 111 Forest
Park Boulevard, N. W., read a prepared statement in opposition to the proposed
methadone clinic to be located on Hershberger Road, N.W. She advised that the
facility may provide a needed service, but it should be located in a hospital
setting and not in a residential neighborhood where children are being raised and
where businesses are located. She stated that it appears that pleas from the
community are being ignored and the matter should be addressed by those
persons who have the authority to move the proposed methadone clinic to a more
appropriate location.
In response to Ms. Jeffreys' remarks, Mr. Bestpitch agreed that the location
on Hershberger Road is not an appropriate site for the proposed methadone
clinic. He stated that his colleagues on Council agree that if it were within the
power of Council to prevent the methadone clinic from opening on Hershberger
Road, the Council would have already taken the necessary action, He called
attention to the importance of confidentiality for those persons who seek
treatment, therefore, the facility should be established at a location such as the
Veterans Administration Medical Center complex where numerous buildings are
690
visited by persons for various reasons. He stated that when he accepted the
responsibility of serving on Council, he did so with the intention of representing
all of the citizens of Roanoke, which includes those citizens who are dealing with
the demons of chemical addiction and are trying to turn their lives around by
getting the help they need in order to have a better future and to become better
members of society.
COUNCIL-COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue, N. W.,
quoted Bible scripture.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
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 Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
Mary F. Parker
City Clerk
There being no further business, the Mayor declared the meeting adjourned
at 7:35 p.m.
Ralph K. Smith
Mayor
691
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 2, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 2, 2004, 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, Reqular Meetings, Code of the
City of Roanoke (1979), as amended; and pursuant to Resolution No. 36193-
010603 adopted on January 6, 2003, which changed the time of commencement
of the regular meeting of Council to be held on the first Monday in each month
from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt
and Mayor Ralph K. Smith ............................................. 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K.
Smith requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Harris, Wyatt and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Dowe was not present when the vote was recorded.)
692
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler 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. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Harris, Wyatt and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Dowe was not present when the vote was recorded.)
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. Cutler 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. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Harris, Wyatt and
Mayor Smith ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Dowe was not present when the vote was recorded.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET: None.
(Council Member Dowe entered the meeting. __
693
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
Council Liaison Committee Assignments:
Council Member Cutler reported on the following:
ROANOKE ARTS COMMISSION:
A major preoccupation of the Roanoke Arts Commission has been to
set the stage for drafting and review by Council of a Public Art Plan
for the City of Roanoke. The Commission has reviewed art plans
from other cities around the country and the Chairman will appear
before Council at its next meeting on Tuesday, February 17, 2004,
to request that a portion of the funds set aside for Percent for the
Arts be used to engage a consultant to oversee the preparation of a
Public Art Plan, which would eventually become a part of the City's
Comprehensive Plan.
PARKS AND PLAYGROUNDS:
Mill Mountain Advisory Committee:
The Mill Mountain Advisory Committee held a strategic planning
retreat and concluded that the City, in conjunction with the
Committee, should prepare a true comprehensive master plan for
Mill Mountain Park, which would cover the entire park and not just
the so called developable flat area on the top of the mountain,
identify steep slopes and other areas that, for various reasons,
watershed protection or scenic value protection, etc., should remain
undeveloped, which could lead to a recommendation for a
conservation easement for a portion of the Park to protect in
perpetuity.
FIFTH PLANNING DISTRICT COMMISSION:
Roanoke Valley Allegheny Regional Commission:
Initiatives by the Roanoke Valley Allegheny Regional Commission
related to the City include the ozone action plan, the bikeway plan,
the brown field inventory, and the regional long range water supply
study.
WATER RESOURCES:
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Western Virginia Water Authority:
The Board of Directors of the Western Virginia Water Authority has
met on several occasions, and a request for proposals will be
advertised in the near future for legal counsel to represent the
Authority, proposals will be reviewed by a committee and a
recommendation will be made to the Board of Directors. A meeting
of the Council and the Roanoke County Board of Supervisors will be
held on Tuesday, February 10, 2004, at which time Black and Veatch,
Consultants, will submit a recommendation regarding a period of
time over which water and sewer rates in Roanoke City and Roanoke
County will be equalized.
Council Member Wyatt reported on the following:
ROANOKE CIVIC CENTER-HOCKEY:
ROANOKE CIVIC CENTER COMMISSION:
The contract with the Roanoke Express hockey team is under review;
there appears to be a good working relationship between the
Director of Civic Facilities and the General Manager of the Roanoke
Express and both parties are looking at new and innovative ways to
make the contract workable for both the City and the Roanoke
Express.
Plans for Civic Center improvements are proceeding and an
improvement in the overall cleanliness of the Civic Center has been
noticed.
Roanoke Neighborhood Development Corporation:
The project is proceeding and some progress has been made.
Vice-Mayor Harris reported on the following:
HOUSING/AUTHORITY:
Roanoke Redevelopment and Housing Authority:
Council Members are provided with monthly updates on Housing
Authority activities/projects; monthly breakfast meetings continue to
be held on the last Thursday of each month and a Member of
Council is invited each month. (Council Members Fitzpatrick and
Dowe indicated that because of their work schedules, they are
unable to attend on the last Thursday of each month.)
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SCHOOLS:
Organizing Committee - School Safety Task Force:
The School Safety Task Force recently held public forums at four
locations throughout the City which were attended by approximately
125 persons; approximately 5000 student surveys will be sent to
students in fourth, sixth, eighth, ninth and eleventh grades to obtain
their perception and impressions of school safety; the Roanoke
Education Association is conducting a teacher survey and the
Parent-Teacher Association is conducting a parent survey, and all
surveys should be completed by the end of February. The Task
Force remains committed to completing its work by mid to late
March.
The City Manager advised that she was personally impressed with
the level of dedication and commitment that has been demonstrated
by School Safety Task Force members, which is another indication
that when people in the Roanoke community volunteer for service,
they are committed to making a difference.
Council Member Bestpitch reported on the following:
ROANOKE NEIGHBORHOOD PARTNERSHIP:
Roanoke Neighborhood Advocates:
The Roanoke Neighborhood AdvoCates Strategic Plan and By-laws
will not be addressed at the 2:00 p.m. Council session as was
previously indicated because certain wording is in the process of
being refined. Council Members are encouraged to offer
suggestions/input prior to finalization of the documents.
LEGISLATION:
Legislative Committee:
Periodic updates on actions taken by the Virginia General Assembly
at its 2004 Session are received from Thomas Dick, Legislative
Liaison for the City of Roanoke. Appreciation was expressed to the
City Attorney for coordinating the City's Legislative Program.
Virginia Municipal League Legislative Day will be held in Richmond,
Virginia, on February 12, 2004, and Council Members Bestpitch,
Cutler, Fitzpatrick, Wyatt and Mayor Smith plan to attend.
696
ZONING:
Zoning Ordinance Update:
An article in the February 2, 2004 edition of The Roanoke Times in
regard to the zoning ordinance was a good attempt to present the
situation as it currently exists; the work of the Zoning Ordinance
Steering Committee should be acknowledged; however, it was noted
that the draft of the zoning ordinance which has been released for
public comment is far from perfect, it is anticipated that a number of
changes will be made, citizens will have an opportunity to provide
input, and a refining process will occur over the next three to four
months.
Council Member Dowe reported on the following:
DOWNTOWN ROANOKE INCORPORATED:
Downtown Roanoke, Inc. Board of Directors:
The H & C Coffee Sign has taken an untimely delay due to the death
of an individual who was involved in the lighting aspect of the
project and the physical bdundaries that are actually considered to
be downtown Roanoke.
Council Member Fitzpatrick reported on the following:
CONVENTION AND VISITORS BUREAU:
Roanoke Valley Convention and Visitors Bureau:
The relocation of the Roanoke Valley Convention and Visitors Bureau
to the Roanoke Railway Passenger Station and the opening of the O.
Winston Link Museum is one of the greatest accomplishments of the
City of Roanoke and southwest Virginia; additional tourism dollars
will come to the Roanoke Valley in 2004 and the more that can be
done to showcase the Roanoke Valley as a destination point, the
better off the region will be.
The Mayor reported on the following: _
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HOTEL ROANOKE CONFERENCE CENTER COMMISSION:
Hotel Roanoke Conference Center Commission:
The Hotel Roanoke Conference Center has done an excellent job and
officials continue to monitor finances.
AIRPORT:
Improved air service to the Roanoke Valley:
Improved air service would improve economics for the entire
Roanoke Valley area, and approximately $2 million in ticket bank
pledges were raised by area governments and businesses in the
Roanoke Valley in an effort to attract Air Tran. There is an
opportunity to approach another airline, Atlantic Coach Airlines,
whose business plan is to fly to 50 markets, with Dulles International
serving as its headquarters; and it is rumored that certain cities have
been identified as potential service points, and of which is the City
of Roanoke, therefore, Roanoke should position itself in order to
take advantage of the opportunity at the appropriate time. The City
of Roanoke is recognized as the cultural and business hub of the
region and in order to demonstrate leadership, the Roanoke Valley
will have to become a transportation hub. The Roanoke Valley must
promote itself; whereupon, the Mayor requested input by Council
with regard to suggestions on how to move forward; and although
no dollar figure is requested today, at some point in time Roanoke
could be called upon to expend funds.
Council Member Fitzpatrick advised that the majority of all airline
hubs that have been created over the past 20 years came about as a
result of a maintenance facility being in place; Dulles International
does not have maintenance facilities available for Atlantic Coast and
he would encourage the City of Roanoke to offer Atlantic Coast
Airlines a maintenance facility, which automatically brings in more
flights because aircraft would be rotated in and out of the facility.
Dr. Cutler advised that as the City discusses its transportation hub
status, it should be reminded of the need to join with others in
restoring rail passenger service to the Roanoke Valley and improving
rail freight service along Interstate 81, so as to have a total package
of Roanoke rolling transportation needsl including improved rail
passenger service and Iow fair airline service.
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The Mayor advised that the Executive Director of the Roanoke
Regional Airport met with officials of Atlantic Coast Airlines and it is
believed that a return trip would be in order which should be
properly coordinated with the right mix of officials in attendance.
There was discussion in regard to engaging the services of a
marketing firm to coordinate the presentation so as to make the
best possible impression.
Following further discussion, Ms. Wyatt moved that the City
Manager, he requested to report to Council as soon as possible with
regard to engaging the service of a marketing firm to create a plan
on how to sell Roanoke to Atlantic Coast Airlines as a potential
location for air service. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
COUNCIL-DECEASED PERSONS:
At the 2:00 p.m. Council session, Mr. Dowe suggested that Council observe
a moment of silence in memory of Dr. Nora Kiser Bell, President, Hollins
University.
BRIEFINGS:
HOUSING/AUTHORITY:
The City Manager introduced a briefing on the Housing Design
Competition. She advised that in 1999the City of Roanoke committed resources
to develop a plan for housing design competition, which has gone through a
number of iterations over the last several years, and recently new opportunities
were recently presented that will create opportunities for the City of Roanoke.
She introduced Greg Lewis, Architect, Smith Lewis Architecture and Paula Prince,
Assistant Director, Council of Community Services, to present details of the
program.
Mr. Lewis called attention a presentation made by Bill McDonough in
October, 2003 where approximately 700 persons participated in a mid morning
lecture on his concepts for "cradle to cradle" design; and Mr. McDonough has
offered to facilitate Roanoke's efforts to do more with local housing design
competition than solve the issue of providing quality affordable moderate rate
housing within the City of Roanoke and region wide. He stated that the proposed
competition has the potential to generate hundreds of designs from all over the
world for housing that will address specific properties within the City of Roanoke;
it will be necessary to identify specific pieces of property within the City;
specifics on the properties will be provided to entrants in the competition so that
entries will heasite specific from adesign standpoint. He explained that the
outcome will be designs that respond to the historic, demographic and socio-
699
economic context, or those things that are specifically Roanoke, rather than a
series of academic responses. He advised that Mr. McDonough will serve as the
key note speaker at a national business conference in Minneapolis, Minnesota, at
which time the City of Roanoke, in conjunction with Mr. McDonough, has been
invited to formally launch the Roanoke Housing Design Competition to those
media outlets that typically attend the conference, therefore, the City of Roanoke
has an opportunity to initiate a program that has tremendous potential in terms
of raising the visibility of Roanoke on the national and international levels,
particularly in the design industry. He added that it is expected to receive the
support of the national component of the American Institute of Architects and
the National Association of Home Builders; and the goal is that whatever happens
in Roanoke in 2004 - 2005 might be transported to other communities in the
future so that on the national stage, it will be reported that the City of Roanoke
initiated a housing design competition that is unique and offers the opportunity
for Roanoke to showcase itself in a leadership capacity to other communities of
its size and larger throughout the country. He called attention to the possible
involvement of the Blue Ridge Chapter of the AIA, the Roanoke Regional
Homebuilders Association, Blue Ridge Housing Development Corporation,
Northwest Neighborhood Environmental Organization, housing authorities of
other groups that focus on housing issues, and market rate builders. He stated
that his specific purpose in appearing before the Council is to discuss making
specific sites available within the City of Roanoke on the competition web page
and in certain literature that will be sent to potential entrants. He explained that
the current plan is for the jury to convene in Roanoke to review 1,000 or more
designs based on specific sites in Roanoke, then move to the construction phase
of the project, so that ideally the designs would be taken from the competition as
juried in Roanoke and actually construct a number of the designs based on
available funding, much of which is hoped to come from donation by national
building material suppliers. He advised that another important aspect of the
proposal is to include schools of architecture from around the country and the
world; a number of schools have design build programs in their curricular;
students have participated in internally administered design competitions,
followed by building the projects which is not unlike a Habitat for Humanity, or a
Build-a-Thon, or a Home-Aroma; there would be an opportunity for the City of
Roanoke and organizations such as the Chamber of Commerce, church groups,
businesses groups, etc., to host students during the summer of 2005 to
participate in what could be called a modern day equivalent of the American
"barn raising" where a number of houses could be built during the course of the
summer, in partnership with home builders, the local design community, and
students both local to the Roanoke community and from around the world.
Mr. Lewis opened the floor for input/suggestions by Council.
700
There was discussion in regard to:
· incentives or motivation for persons to participate in the design
competition.
· The types of locations that will be offered as construction sites.
· Involvement by Virginia Tech in the program.
· What is the optimum degree of support that the City could give?
· Conversion of the "cracker box" style house into something that is
more fitting with the neighborhood.
· Does the City have an inventory of sites that could be made available
for the project?
Mr. Lewis responded that the more specific the information is at the outset,
the more specific the solutions will be to Roanoke and to the specific issues
faced by Roanoke in the housing community; responses will be site specific and
it is hoped to offer prototypical sites within the City of Roanoke, i.e.: one in
southeast, one in southwest, one in Gainsboro, one in downtown, etc., and
provide as much information as possible on the potential sites; schools of
architecture who decide to take on the project as a studio based project could
send groups of students to Roanoke to familiarize themselves with the
community and to view the sites firsthand; students would be furnished with
photographs of adjacent houses on the blocks in question, topographic
information of the sites, code and zoning information and a comprehensive look
at specific sites so that those designs that are submitted will be usable and serve
the needs of the communities.
It was emphasized that Virginia Tech is the home school and has been
significantly involved in the program from the beginning; and faculty of Virginia
Tech is reviewing the program in terms of having a studio based project at
Virginia Tech and the University of Virginia.
Mr. Lewis asked for the City's support by making specific sites in the City
of Roanoke available for having design competition and that the City allow the
program to link is competition website to the City's website showing the City's
new logo as an expression of support.
701
The City Manager advised that several years ago, the City agreed to provide
approximately $25,000.00 to the Roanoke Housing Network to develop the
housing design competition, and recently approved an additional allocation of
$25,000.00; approximately 15 sites that are owned either by the City, or the
Roanoke Redevelopment and Housing Authority, or Blue Ridge Housing Network
have been identified as appropriate sites. She stated that the City wishes to
ensure that the housing design competition is not seen as exclusively a
competition for Iow and moderate income housing and Council has discussed the
need to change the concentration of different kinds of housing within the City of
Roanoke; and if the project moves forward, it is anticipated that there may be
some interest on the part of private sector property owners to make their
property available for construction of these kinds of award winning projects. She
stated that with the proposed plan to have much of the materials donated by
major building material companies, actual cost of constructing many of the
homes will be less than in the open market, there is an ongoing effort to talk
with other major organizations in the community that also have property for this
type of purpose; specific sites will be brought to Council before releasing them
as opportunities to be put on the website; and there may be a need for some
additional monetary investment at some point in the future, which will be
determined following nation wide publication of the effort and the level of
interest that is expressed.
During further discussion, the City Manager advised that for whatever
reason, the building and development community has pegged the City of
Roanoke to be a certain level type of house, and that feeling must be changed; it
is known that there is a need to diversify the kind of housing that exists in the
Roanoke community, there is a need to change the demographics relative to the
percentage of homeowners, inasmuch as the City of Roanoke has the lowest
percentage of homeowners in the Roanoke Valley, there is a need to change the
value of the housing within the City because over 75 per cent of the houses in
the City of Roanoke are currently valued at $100,000.00, or less, because the
City has not, in the broadest sense of the community, invested in new housing to
any degree, nor has the City until very recently demonstrated an interest in
changing some of the housing character.
Ms. Prince advised that the Roanoke Regional Housing Network has been
working on the project for approximately five years; with the assistance if the
City, startup money was allocated to begin to design the competition and
development work; a grant was received from the National AIA for outreach in
neighborhoods to help neighborhoods understand that it is possible to design
away social problems; and development efforts came to a crashing halt with the
occurrences of September 11, 2001, which caused the Housing Network to fall
back and regroup. She stated that a good relationship has been maintained with
Virginia Tech, and in the Spring of 2001 the competition and architectural
702
students from Virginia Tech worked throughout the summer on a house in
southeast Roanoke (Southeast by Design) by interviewing residents of southeast,
business owners, representatives of churches that own large plots of empty land
and they gained an understanding of not only the topography of Southeast
Roanoke but an understanding of community needs.
In addition, she stated that the program will create good and appropriate
infill for Roanoke's various neighborhoods because what is appropriate to Old
Southwest because of its historical overlay will be different than that which is
appropriate for properties in other areas of the City. She stated that part of the
competition, in addition to sustainable and affordable development, will be
accessibility for the handicapped, which is a issue that needs to be considered in
design elements.
Robert Fetzer, President, Business Specialist, spoke to certain historically
incompatible housing that is occurring design in some of Roanoke's
neighborhoods, which have a blotting and deteriorating impact on the quality of
the overall neighborhood; and the goal of the competition is to encourage good
design and sound decisions. He endorsed the project and expressed excitement
with regard to potential designs and concepts and advised that Habitat for
Humanity, Blue Ridge Housing Network and other non profit housing providers
have endorsed the project. He stated that affordability does not have to be
sacrificed for good design because it can come together, the proposed concept
fits into the City's Comprehensive Plan, and it will set new standards for housing
in the design community nationally by setting the bar for Roanoke City to receive
this kind of recognition.
Michael Etienne, Director, Housing and Neighborhood Services, expressed
appreciation to Council for supporting the Housing Design competition effort.
He stated that housing competition is a part of the City's efforts to build strong
neighborhoods which working in partnership with the local Roanoke
Redevelopment and Housing Authority, Rlue Ridge Housing Development
Corporation, Northwest NeighborhoOd Environmental Organization and Habitat
for Humanity to identify specific sites which will be made available for design
competition. He advised that City staff will provide Council with a map
illustrating proposed sites for the housing design competition.
ZONING:
R. Brian Townsend, Director, Planning and Code Enforcement, advised that
the proposed zoning ordinance and zoning map consisting of 210 pages is
posted on the City's website; the draft document will go through a public review
prior to scheduling focus group meetings; public workshops will be held
throughout the community; a draft will be available at the Roanoke Public Library
and branch libraries, a copy will be sent to each neighborhood organization
along with the appropriate map, a copy will be provided to the City Planning
Commission, the Board of Zoning Appeals and the Architectural Review Board,
703
and copy will be available to interested persons in the business, design or
development community at a cost of $10.00 per hard copy. He advised that
Nancy Snodgrass, City Planner, served as project manager for the zoning
ordinance, which represents the next step of the process involving community
input; and Chris Chittum served as project manager for the zoning map which is
the first cut of 42 square miles of the City; and at least three to four months will
be devoted to the public discussion phase.
There was discussion in regard to ensuring that developers are aware of
the document and may provide input; whereupon, Mr. Townsend advised that
focus groups will be reconvened, one of which will include the development
community, to engage in detailed discussions regarding regulations, etc., to
ensure that all stakeholders have an opportunity for review, questions and
comments during the three - fourth month public input period.
Mr. Townsend advised that questions should be directed to him, or to
Ms. Snodgrass and Mr. Chittum, over the next three to four months they will
document all questions and comments, convene the steering committees for the
purpose of reviewing all comments and questions, review the draft ordinance and
make revisions as appropriate prior to submitting the zoning ordinance to the
public hearing process. He stated that many new initiatives are included in the
zoning ordinance that were called for in the City's Comprehensive Plan, and the
City has not used such regulatory measures before, therefore, the City of
Roanoke is breaking new ground.
At 11:10 a.m., the Mayor declared the Council meeting in recess, to be
immediately reconvened in the Councils Conference Room to conduct three
Closed Sessions.
At 12:30 p.m., the Council meeting reconvened in the Council Conference
Room, with all Members of the Council in attendance, Mayor Smith presiding.
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 Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
704
At 12:32 p.m., the Mayor declared the Council meeting in recess until
2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, February 2, 2004, the Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke; Virginia, with Mayor Smith
presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe,Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, and Mayor
Ralph K. Smith ...................................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Peter M. Watts,
Pastor, Roanoke Seventh Day Adventist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
MANAGEMENT AND BUDGET-ACTS OF ACKNOWLEDGEMENT: The Mayor
presented a Plaque and Certificate of Recognition for Budget Preparation to
Sherman Stovall, Acting Director, Management and Budget. He advised that the
award is issued by The Government Finance Officers Association of the United
States and Canada and represents the highest award in governmental budgeting
and is presented to those government units whose budges are judged to adhere
to program standards.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation
declaring February 2004, as Love Your Library Month.
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.
705
EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: A communication
from the City Manager requesting that Council schedule a public hearing for
Tuesday, February 17, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to authorize conveyance of an easement to Appalachian Power
Company at the Roanoke Academy for Mathematics and Science, was before
Council.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith ......................................... , .......... 7.
NAYS: None .................................................... 0.
EASEMENTS-SPECIAL PERMITS: A communication from the City Manager
requesting that Council schedule a public hearing for Tuesday, February 17,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to encroachment into public right-of-way of an awning at 105 S. Jefferson
Street, was before Council.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE-
ARCHITECTURAL REVIEW BOARD-HUMAN DEVELOPMENT-JUVENILE
CORRECTIONAL FACILITIES:
The following reports of qualification were before Council:
Sheri Bernath as a City Representative to the Blue Ridge Behavioral
Healthcare Board of Directors, for aterm ending December 3.1,2006;
BarbaraA. Botkin as member of the Architectural Review Board, fora
term ending October 1, 2006;
Jane R. Conlin as a member of the Human Services Committee, for a
term ending June 30, 2004; and a member of the Roanoke Valley
Juvenile Detention Center Commission, for a term ending
June 30, 2006.
706
Mr. Cutler moved that the report of qualification be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: A communication from the City Manager advising that
military leave at full pay is limited to 15 work days per Federal fiscal year for
employees of the City of Roanoke who are military reservists called to active
duty; Council approved special military pay on November 5, 2001, to provide
supplemental pay for military reservists called to active duty related to the war
on terrorism; this special Council action was effective through September 30,
2003, and benefited eight City employees called from reserves to active duty;
these employees received a total of $30,290.00 in supplemental pay as a result
of Council's action; and there are 40 reservists in 12 departments within the City
of Roanoke full time employment.
The City Manager recommended that Council approve a special policy to
pay military reservists who are called to active duty and serve between October l,
2003 and September 30, 2004, the difference between their military base pay
(including any other related compensation received from the military) and pay
with the City of Roanoke in their current job; covered employees would be those
reservists who are called to active duty related to the country's war on terrorism
subsequent to the employee's employment with the City of Roanoke; and the
supplemental pay will be provided upon request and with the necessary
documentation to the Department of Human Resources.
707
Mr. Bestpitch offered the following resolution:
(#36611-020204) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to employees who are called to
active military duty and serve between October 1, 2003 and September 20, 2004.
(For full text of Resolution, see Resolution Book No. 68, Page 307.)
Mr. Bestpitch moved the adoption of Resolution No. 36611-020204. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
CITY CODE-FIRE DEPARTMENT: The City Manager submitted a
communication advising that effective October 1,2003, the Virginia Department
of Housing and Community Development adopted the 2000 Edition of the
Virginia Statewide Fire Prevention Code (SFPC) for the purpose of establishing
minimum regulations to govern the enforcement of fire codes for buildings and
structures; provisions of the SFPC are based on nationally recognized model fire
prevention codes published by the International Code Council, Inc., and are made
part of the SFPC by reference; and the SFPC also contains administrative
provisions governing the use of the model codes and establishing requirements
for enforcement of the code by the local fire departments and other code
agencies.
It was further advised that amending the Code of the City of Roanoke will
reflect recent amendments to the Virginia Statewide Fire Prevention Code, by
referring to updated code sections that were adopted'by the State, and are
enforced at the local level.
The City Manager recommended that Council adopt an ordinance amending
Sections 12-16, 12-17, 12-18, 12-19, and 20-74 of the Code of the City of
Roanoke 1978, as amended, to bring the City Code into conformity with recent
amendments to the Virginia Statewide Fire Prevention Code.
708
Mr. Fitzpatrick offered the following ordinance:
(#36612-020204) AN ORDINANCE amending and reordaining §12-16,
Adoption of Virqinia Statewide Fire Prevention Code; §12-17, Definitions; §12-
18, Amendments; and §12-19, Enforcement, of Article II, Fire Prevention Code,
of Chapter 12, Fire Prevention and Protection, and §20-74, Parkina. StODoincl or
standinq in a fire lane, of Division 1, Generally, of Article IV, Stopping, Standinq
and Parkinq, of Chapter 20, Motor Vehicles and Traffic, 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.
(For full text of Ordinance, see Ordinance Book No. 68, Page 308.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36612-020204. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
FIRE DEPARTMENT-GRANTS: The City Manager submitted a communication
advising that the Fire Programs Fund was established by the General Assembly,
effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia;
and the sunset clause requiring expiration of the Fund on July 1, 1990 was
removed, thus, the City's annual allocation of State funds will continue
indefinitely.
It was further advised that Program guidelines require that funds received
are non-supplanting and may not be used to replace existing local funding;
funds must be used in accordance with provisions established by the State
Department of Fire Programs; and the City of Roanoke's allocation of
$127,201.85 was deposited into Account No. 035-520-3234-3234 from the
Department of Fire Programs.
It was explained that the City's portion of the Roanoke Regional Fire-EMS
Training Center debt service is $60,000.00, which is paid annually from this
revenue source; and Council action is needed to formally accept and appropriate
the funds, and to authorize the Director of Finance to establish revenue
estimates and appropriate accounts in the Grant Fund to purchase equipment
and supplies in accordance with provisions of the program.
709
The City Manager recommended that she be authorized to accept the
grant, and file documents setting forth conditions of the fiscal year 2004 Fire
Programs Funds Grant, and to furnish such additional information as may be
required; and that Council appropriate grant funds totaling $127,202.00, with
corresponding revenue estimates in accounts to be established by the Director of
Finance in the Grant Fund.
Mr. Dowe offered the following budget ordinance:
(#36613-020204) AN ORDINANCE appropriating funds for the Fire 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, Page 312.)
Mr. Dowe moved the adoption of Ordinance No. 36613-020204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ........................................ , .......... 0.
Mr. Dowe offered the following resolution:
(#36614-020204) A RESOLUTION authorizing the acceptance of the fiscal
year 2004 Fire Programs Funds Grant made to the City of Roanoke by the Virginia
Department of Fire Programs and authorizing the execution and filing by the City
Manager of any documents required by the grant.
(For full text of Resolution, see Resolution Book No. 68, Page 313.)
Mr. Dowe moved the adoption of Resolution No. 36614-020204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired about the
status/location of the City's new fire stations.
710
The City Manager reported that approximately two years ago, the Fire Chief
presented to the Council a master plan for the Fire-EMS Department that
contained a number of recommendations, including the eventual
replacement/consolidation of a number of fire stations. She advised that the first
station that was recommended for replacement/consolidation was what is
referred to as the headquarters station; Council authorized the purchase of
property located at the intersection of Elm Avenue and Franklin Road (east side)
and the project is under design; and the building, when constructed, although
the construction budget has yet to be approved by Council, will eventually allow
for consolidation of staff and equipment that are currently located at Station
No. 1, which is located on Church Avenue and Station No. 3. She explained that
the Capital Improvement Budget Five Year Plan which was adopted by Council
does not provide for construction or modification of additional stations until
fiscal year 2006-07, and planning for the two stations would have to occur in
advance of that date; the budget is tentatively shown for construction ora station
in the Williamson Road area to replace Station No. 10, which is currently located
at the airport, and a consolidation of Stations 5 and 9 in an area that has been
generally defined as the Melrose Avenue area (no specific site has been
identified); all fire stations will remain open until their replacement is
constructed so that there will be no loss of service in any area; a series of
meetings were held in Roanoke's neighborhoods to explain the master plan, and
at the time that the Council considers a capital budget for any or all of the above
referenced stations, a public hearing will be held as a part of the City's operating
budget and capital improvements program budget, at which time all citizens will
be given the opportunity to comment.
ROANOKE PASSEGER STATION RENOVATION PROJECT: The City Manager
submitted a communication advising that the Roanoke Passenger Rail Station has
been redeveloped by the Western Virginia Foundation for the Arts and Sciences
(WVFAS) for use by the Roanoke Valley Convention and Visitors Bureau and the O.
Winston Link Museum; the City of Roanoke's Capital Improvement Program
includes a funding commitment from the City of $1,500,000.00 for the project;
State funding of almost $1,488,000.00 has been provided through
Transportation Enhancement and High Priority funding categories of the Virginia
Department of Transportation; of the City's funding commitment, $250,000.00
was provided to the WVFAS by Council action in December 2000 (Ordinance No.
35170-121800); and the balance of $1,250,000.00 was the subject of a formal
agreement between WVFAS and the City of Roanoke which included certain
conditions by which the funds would be provided to WVFAS (authorized by
Council Resolution No. 36068-091602).
711
It was further advised that the conditions include acquisition of matching
funds and securitization of an agreement with the O. Winston Link Estate for
display of the O. Winston Link art/photo collection in the renovated facility;
disbursement of the $1,250,000.00 is to be made in two equal payments of
$625,000.00, subject to satisfaction of conditions of the agreement; the first
payment of $625,000.00 was made in fiscal year 2002-2003. The second
payment is to occur in fiscal year 2003-2004; a funding appropriation for the
second payment is needed at this time, and conditions for the payment have
been satisfied.
The City Manager recommended that Council appropriate $625,000.00
from Capital Projects Fund Interest Earnings (008-3325) to the Roanoke
Passenger Station Renovation Account (008-530-9900-9003) for disbursement
to the Western Virginia Foundation for the Arts and Science.
Mr. Cutler offered the following budget ordinance:
(#36615-020204) AN ORDINANCE to appropriate funding for the Roanoke
Passenger Station Renovation Project, amending and reordaining certain sections
of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 314.)
Mr~ Cutler moved the adoption of Ordinance No. 36615-020204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith ................................................... 7.
NAYS: None .................................................... O.
SIGNS/BILLBOARDS/AWNINGS-SPECIAL PERMITS: The City Manager
submitted a communication advising that Trustees of Roanoke College, owners
of property located at 616 Jefferson Street, have requested permission for a
tenant, Mai Chen, owner of China City restaurant, to retain an awning sign that
encroaches into the public right-of-way of Jefferson Street, S. W.
It was further advised that the revocable encroachment extends
approximately 2.5 feet into the right-of-way of Jefferson Street, at a minimum
height above the sidewalk of 10'; the awning is 4' high; the right-of-way of
Jefferson Street at this location is approximately 68' feet in width; and liability
insurance and indemnification of the City by the applicant shall be provided,
subject to approval of the City's Risk Manager.
712
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owner, and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke, granting a revocable license to the property owner
at 616 Jefferson Street, to allow the awning sign that encroaches into the right-
of-way of Jefferson Street to remain in place.
Mr. Fitzpatrick offered the following ordinance:
(36616~020204) AN ORDINANCE granting a revocable license to permit the
encroachment of an awning at a minimum height above the sidewalk of 10',
extending approximately 2~ feet in the public right-of-way of Jefferson Street, S.
E., from property bearing Official Tax No. 4011913, 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, Page 315.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36616-020204. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
CITY CLERK:
OATHS OF OFFICE-SCHOOLS: The City Clerk submitted a communication
advising that pursuant to Chapter 9, Education, Code of the City of Roanoke
(1979), as amended, establishing a procedure for the election of School Trustees;
the three-year terms of office of Alvin L. Nash and Ruth C. Willson will expire on
June 30, 2004.
It was further advised that 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 i through public announcement of such intention at
two consecutive regular sessions of the Council and advertisement of such
intention in a newspaper of general circulation in the City twice a week for two
consecutive weeks.
713
It was explained that Section 9-17 of the City Code provides that
applications must be filed in the City Clerk's Office by March 10 of each year;
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.roanokeqov.com; and information describing the duties and responsibilities
of School Trustees may be obtained in the City Clerk's Office.
There being no questions or comments, without objection by Council, the
Mayor advised that the communication would be received and filed.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of December 2003.
/here being no questions or comments, without objection by Council, the
Mayor advised that the Financial Report for the month of December would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY TREASURER-MANAGEMENT AND BUDGET-CITY INFORMATION
SYSTEMS: Council Member Wyatt requested an update on integration of
technology between the City Treasurer's Office, the Finance Department and the
Office of Management and Budget.
DECEASED PERSONS: The Mayor called for a moment of silence in memory
of the late Nora Kiser Bell, former President, Hollins University.
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.
714
TAXES-ARMORY/STADIUM-REAL ESTATE VALUATION: Mr. John E. Kepley,
2902 Morrison Street, S. E., expressed concern with regard to constructing a fire
station at the Elm Avenue site.
He advised that on Saturday, February 7, 2004, the citizens of Roanoke
City will decide who they want to represent them on City Council at the
Democratic Party "fire house" primary; and the majority of the present Council
has been insensitive to the voice of its constituents and ignored the request of
citizens concerning Victory Stadium. He advised that Council voted for a $119
million bond issue, said funds to be used to tear down the present Patrick Henry
High School to build a new facility; Council approved another $344 million bond
issue which will lead to even greater debt for Roanoke's taxpayers; and real
estate taxes have escalated by 22.25 per cent during the past five years
according to the Office of Real Estate Valuation. He stated that the citizens of
Roanoke City should be informed concerning this increase in taxes and their
voices should and will be heard on Saturday, February 7 at the Democratic
"firehouse" primary.
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, spoke in support of
renovating Victory Stadium. He stated that the citizens of Roanoke have
expressed their support of the stadium through petitions, telephone calls to
Council members and their statements at City Council meetings. He advised that
the City of Roanoke does not own Victory Stadium - the facility belongs to the
taxpayers of Roanoke; and the property was given to the City in 1941 by the
Norfolk and Western Railway Company, with the understanding that the City
would maintain the stadium and later the National Guard Armory~ He added that
Victory Stadium can be used again with some modernization and an
amphitheater can be constructed near Victory Stadium; with the proper
promotion by the City, Victory Stadium can and will be used and generate
additional revenue for the City through such activities as college football games,
Fiddle Fest, etc.; and Victory Stadium should be maintained in memory of the
sacrifices of World War II veterans. He again requested that a United States Flag
be flown over Victory Stadium. He advised that the Roanoke Civic Center is not
being properly promoted and called attention to the small number of events that
are booked at the Civic Center during the month of February.
715
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to
neighborhood abuse, and alleged that six positions were eliminated from the
City's Planning and Code Enforcement division. She advised that the Gainsboro
neighborhood has worked to encourage the City of Roanoke to enforce code
regulations in reference to inappropriate and unwanted houses in the area; the
Gainsboro community has tried to help private citizens who wish to invest in the
area and she referred to two individuals who have experienced difficulty in doing
so. She stated that the City should encourage private investors to the area and
provide assistance in connection with obtaining loans or grants to rehabilitate
houses. She advised that Gainsboro residents will not stand idly by and accept
neighborhood abuse; and she would be willing to document her statement, if
necessary, in an effort to help Gainsboro residents to improve their
neighborhood as a residential and historical area and to attract people who are
willing to invest in the area.
CITY MANAGER COMMENTS:
TAXES-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-
COMMUNITY PLANNING-TAXES-REAL ESTATE VALUATION-CITY EMPLOYEES-
SNOW REMOVAL: With regard to the earlier remarks of Ms. Bethel, the City
Manager advised that six code enforcement positions were moved from Planning
and Code Enforcement to the Department of Housing and Neighborhood Services
to address code enforcement issues in the City's neighborhoods in a more
aggressive manner. She respectfully disagreed that the City of Roanoke is not
providing the necessary attention to its neighborhoods; the City has identified
the Gainsboro community for the next round of Community Development Block
Grant money to complete redevelopment and revitalization of the neighborhood;
and the City supports any available private investment and development. She
stated that the Assistant City Manager for Community Development will meet
with Ms. Bethel following the Council meeting to obtain more specific
information with regard to the issue of private interest investment in the
Gainsboro neighborhood.
She addressed the previous remarks of Mr. Kepley regarding an increase in
real property taxes and advised that the method of real estate assessments in the
City of Roanoke is not the responsibility of the City Manager, but the Office of
Real Estate Valuation; State Code requires an annual reassessment of real
property, and the percentage of increase in real property assessments in the City
of Roanoke is at or below those of other Virginia cities.
716
The City Manager expressed appreciation to City staff for their efforts to
clear City streets of snow and ice during the most recent snow event last week
which enabled City schools to reopen on Wednesday, as opposed to the Friday
reopening by other school divisions in the Roanoke Valley.
COMMI~I'EES-TOTAL ACTION AGAINST PROVERTY: The Mayor advised that
there is a vacancy on the Total Action Against Poverty Board of Directors, and
called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of James T. Weber.
There being no further nominations, Mr. Weber was appointed as an
Alternate Member to the Total Action Against Poverty Board of Directors, by the
following vote:
FOR MR. WEBER: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt and Mayor Smith ......................................... 7.
Inasmuch as Mr. Weber is not aCity resident, Mr. Bestpitch moved that the
City residency requirement be waived. The motion was seconded by Mr. Harris
and unanimously adopted.
PARKS AND RECREATION-COMMITTEES: The Mayor advised that there is a
vacancy on the Parks and Recreation Advisory Board to fill the unexpired term of
The Reverend David Walton, ending March 31, 2005, and called for nominations
to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Robert C. Jones.
There being no further nominations, Mr. Joneswas appointed as a member
of the Parks and Recreation Advisory Board, for a term ending March 31, 2005,
by the following vote:
FOR MR. JONES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt and Mayor Smith ......................................... 7.
At 3:00 p.m., the Mayor declared the Council meeting in recess until
Tuesday, February 10, 2004, at 12:00 noon, at the Roanoke County
Administration Center, Fourth Floor Conference Room, 5204 Bernard Drive, S. W.,
for a joint meeting of City Council and the Roanoke County Board of Supervisors,
to continue discussions with regard to the proposed Western Virginia Water
Authority.
717
The meeting of Roanoke City Council reconvened on Tuesday, February 10,
2004, at 12:00 noon at the Roanoke County Administration Center, Fourth Floor
Conference Room, 5204 Bernard Drive, S. W., Roanoke, Virginia, for a joint
meeting of Roanoke City Council and the Roanoke County Board of Supervisors,
with Mayor Ralph K. Smith and Chairman Richard W. Flora presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, M.
Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris,
Linda F. Wyatt and Mayor Ralph K. Smith ................................. 7.
ABSENT: None .......................... .,- ...................... O.
The Mayor declared the existence of a quorum.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Michael W. Altizer,
Joseph McNamara, Michael A. Wray, and Chairman Richard C. Flora ........... 4.
ABSENT: Supervisor Joseph B. Church .............................. 1.
STAFF PRESENT:
Representing the City of Roanoke: Darlene L. Burcham, City Manager,
William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance, Mary F.
Parker, City Clerk, George C. Snead, Jr., Assistant City Manager for Operations,
Rolanda B. Russell, Assistant City Manager for Community Development, and
Michael T. McEvoy, Director of Utilities.
Representing Roanoke County: Elmer C. Hodge, County Administrator;
Paul M. Mahoney, County Attorney; Diane Hyatt, Director of Finance; Diane S.
Childers, Clerk to the Board; John M. Chambliss, Jr.', Assistant County
Administrator; Dan O'Donnell, Assistant County Administrator; and Gary
Robertson, Director of Utilities.
OTHERS PRESENT: H. Odell Minnix and Robert C. Lawson, Jr., Board of
Directors Elect, Western Virginia Water Authority.
The invocation was delivered by John M. Chambliss, Jr., Assistant County
Administrator.
718
The Chairman welcomed everyone to the meeting and advised that
following lunch the business portion of the meeting would convene.
At 12:35 p.m., the business session convened and Chairman Flora called
upon Mike Mussman, Project Manager, Appraisal and Rate Studies Reports, Black
and Vetch, Consultants, for a presentation.
Mr. Mussman advised that Black and Veatch was supported in the rate
study process by Draper Aden Associates; the reports are currently in the
evolutionary phase, therefore, only draft summary findings wilt be reviewed; and
calculations have not circulated through Black and Yeatch quality control review,
nor have all of the reports been thoroughly written. He explained that objectives
of the study were to look at equitable contributions per customer for both
Roanoke City and Roanoke County, to determine costs of a financially viable
utility if 2004 budgets of the City and the County are merged, to perform cost of.
service studies to determine what constitutes fair and equitable rates for
providing water and sewer service, and to evaluate a phase in approach. He
stated that the City wants a longer phase in period and the County wants a
shorter phase in period for the Authority; and in order to reach an equity
determination, good and solid fixed assets for property records information was
needed which required an appraisal of City and County utility properties. He
introduced Bill Aden, representing Draper Aden and Associates.
Mr. Aden stated that the job of Draper Aden Associates was to prepare an
inventory of the water and sewer system for the County and the City, which was
a massive responsibility; whereupon, he called upon Randall Hancock, Project
Manager, to review the findings.
Mr. Hancock stated that Draper Aden's task was to prepare quantities, age,
and cost of all water and sewer facilities~ owned by the City of Roanoke and
Roanoke County; City and County information was assessed, meetings were held
with City and County staff, spreadsheets were prepared which involved separate
data bases; some information was available in electronic format by going through
the City's and the County's GIS systems; Roanoke City has not reached the same
point as Roanoke County in developing its GIS system, especially in regard to
sewer, therefore, it was necessary to use old sewer plans and prepare manual
takeouts, and manually measure and quantify all information. In collecting the
information, he stated that it was necessary to determine the age of water and
sewer facilities which was a more difficult task, some of the information was
listed in the City's and County's records, otherwise estimations were made. He
added that they looked at all water and sewer facilities; lines, pump stations, fire
hydrants, water meters, water sources in the City such as Carvins Cove, springs
and new wells that were recently drilled; and they also looked at well systems
and Spring Hollow Reservoir in Roanoke County in an effort to place a value
based on financial information from the City and the County, and arrived at
replacement costs for those facilities that did not already have attached values.
719
He stated that not every City and County site was visited, but they did visit water
treatment facilities for both the City and the County; data was compiled on
spreadsheets and turned over to Black and Veatch for valuation.
Mr. Mussman reviewed the draft summary of findings of the appraisal and
rate study reports. The following is a summary of his presentation.
Initial objectives of the study include:
-Equity Contributions per customer determination
-Costs for a financially viable utility Authority
-Fair and equitable general service rates for parties
-Evaluation of rate phase-in
-Virginia State Corporation Commission support (if needed)
Equity Determination Approach: - Appraisal of County and City utility property
- Draper Aden Associates and parties inventories
- Black & Veatch RCLD current value estimate
- Findings used for equity and rate purposes
- DAA report support for GASB 34 Asset reporting
- Equity = Property Value - Debt Principal + Cash
- Equity per Customer = Equity + Number of Customers
- Current number of customers served
- Number of Customers Served by Reserved Capacity
Rate Studies' Project Approach: - Authority revenue requirements determination
- Excludes major capital program financing
- Industry - approved allocation methodologies
- AWWA Base-Extra Capacity for water rates
- WEF functional cost method for sewer rates
- Cost of service allocations - first and end targets
- Parties' annual unit revenue as guide to phasing
- Typical bills showing rate impact on customers
Initial Draft Report Findings: - Per customer equity reasonably close
- Based on asset value less debt
- Current customers served
- Rate studies showed phasing feasible
- Cost of service allocations used as guide
- Unit revenue same after six years
- Service charge + volume charge suggested
- Any rate form usable with unit revenue guides
720
Revised Study Direction:
- Updated fiscal year 2004 budget data employed
- Contributed available funds reflected
- County agreeable to using City rate form
- Rate merger scenarios feasibility evaluated
- Three years, six years and ten years
- County - Uniform Linear Rate changes
- City - specified annual change limits
FY 2005 Equity - Per Customer Water and Wastewater Combined:
Exceptions
Current ownership (a)
w/o City land (b)
w/o land, w/capacity (c)
w/o land, capacity, growth (d)
w/land, capacity, growth
City County
$ 12,300.00 $ 8,900.00
11,600.00 8,900.00
10,400.00 11,200.00
10,400.00 10,900.00
11,000.00 10,900.00
(a) Value of fixed assets, minus debt, plus cash prior to
Authority transfer. '
(b) City loans to retain 82.2 per cent of its Water Utility land.
(c) Capacity means County's reservation of WWTP capacity.
(d) Customer growth reflects County's increase in accounts
over ten years.
Three-Year Phase-in:
Monthly Charges
FY '05 FY '06 FY '07
WATER:
County Base (a) $ 9.08 $ 6.17 $ 3.25
County Volume (b) 2.35 2.65 2.95
City Base (a) 3.25 3.25 3.25
City Volume (b) 2.43 2.69 2.95
SEWER:
County Base (a) 7.08
County Volume (b) 2.00
City Base (a) 1.08
City Volume (b) 2.71
5.17 3.25
2.47 2.95
2.17 3.25
2.83 2.95
(a) Per 5/8 - inch meter equivalency each bill
(b) Per 1,000 gallons
721
Impact on FY '2005 Customers' Monthly Bills - Three-Year Phase-in:
Meter Size/Usage FY '04 FY '05 Change
WATER:
County 5/8" - 5,000 gal. $22.12 $20.83 ($1.29)
City 5/8" - 5,000 gal. 14.15 15.40 1.25
SEWER:
County 5/8" - 5,000 gal 16.48 17.08 0.60
City 5/8" - 5,000 gal. 12.97 14.63 1.66
(a) Monthly Water Bills do not include City and County Utility Tax
Six-Year Phase-in:
Monthly Charqes
WATER:
County Base (a)
County Volume (b)
City Base (a)
City Volume (b)
SEWER:
County Base (a)
County Volume (b)
City Base (a)
City Volume (b)
FY'05 FY'07 FY'10
$ 10.54 $ 7.63 $ 3.25
2.20 2.50 2.95
3.25 3.25 3.25
2.30 2.56 2.95
8.04 6.13 3.25
1.76 2.24 2.95
0.54 1.63 3.25
2.65 2.77 2.95
(a) Per 5/8-inch meter equivalency each bill
(b) Per 1000 gallons
722
Impact on FY 2005 Customers' Monthly Bills - Six Year Phase-in:
Meter Size/Usage FY - 04 FY - 05
WATER:
County 5/8" - 5,000 gal. $ 22.12 $ 21.54
City 5/8" - 5,000 gal. 14.15 14.75
SEWER:
County 5/8" - 5,000 gal. 16.48 16.84
City 5/8" - 5,000 gal. 12.97 13.74
· Monthly bills do not include City and County Utility Tax.
Ten Year Phase-in:
Monthly Charqes FY '05 FY '10
WATER:
County Base (al $ 11.13 $ 6.75
County Volume (b) 2.14 2.59
City Base (al 3.25 3.25
City Volume (b) 2.25 2.64
SEWER:
County Base (al 8.43 5.55
County Volume (b) 1.66 2.38
City Base (al 0.33 1.95
City Volume (b) 2.63 2.81
(al Per 5/8 inch meter equivalency each bill
(b) Per 1,000 gallons
Change
($0.58)
0.60
0.36
0.77
FY'14
$ 3.25
2.95
3.25
2.95
3.25
2.95
3.25
2.95
Monthly Bills - Ten Year Phase-in:
Meter size/usaqe
FY '04 FY' 05 Change
WATER:
County 5/8" - 5,000 gal. $ 22.12
$21.83
14.50
City 5/8" - 5,000 gal.
14.15
SEWER:
County 5/8" - 5,000 gal.
16.48
16.73
13.48
City 5/8" - 5,000 gal.
12.97
· Monthly water bills do not include City and County Utility Tax.
Conclusions:
- Rates for all proposed merger scenarios
- Maintain Authority's financial health
- Generate slightly more than target revenue
- Provide cushion for major capital financing
- Result in fair and equitable rates
- Longer phase-in periods
- Minimize bill impacts
- Delay customers paying same rates
- Recommend six year phase-in period
- Results should meet VASCC regulations on rate equity
Purpose of Final Report
-Address identified issues
-Identify appropriate annual utility costs
-Plan for a financially healthy utility
-Guide rate level or rate form adjustments
-Recognize alternative rate phasing - 3, 6, 10 years
-Provide a guide for future Authority business decisions
-Not a budget or a long-range financial plan
723
($0.29)
0.35
0.25
0.51
724
Ms. Burcham advised that the steering committee composed of
representatives of Roanoke City and Roanoke County support the Black & Veatch
recommendation for a six year phase in of monthly water and sewer charges.
Following discussion, Mr. Fitzpatrick moved that Roanoke City Council
support a six year phase in of monthly water and sewer charges. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ................................................... O.
By roll call vote, the Roanoke County Board of Supervisors also supported a
six year phase in of monthly water and sewer charges.
On behalf of Roanoke City staff, the City Manager expressed appreciation
to Council for providing the latitude for staff to work on the project with their
Roanoke County counterparts.
Chairman Flora expressed appreciation to Roanoke County staff for their.
many contributions to move the project forward.
Brent Reuss, Vice President, Black & Veatch, Consultants, expressed
appreciation to City and County staffs for their assistance in meeting an
aggressive time schedule.
The importance of keeping citizens informed about the proposed Western
Virginia Water Authority and actions yet to be taken was discussed. It was
mentioned that representatives of the City of Roanoke and Roanoke County could
present progress reports on the Roanoke Valley government access channel. At
some time in the future, it was suggested that both governing bodies should
jointly recognize the contributions of City and County employees who were
involved in the establishment of the Western Virginia Water Authority.
725
A detailed team activity/status report dated February 10, 2004, was
presented.
(Twenty-two employee teams are responsible for planning and implementing the
transition of City and County utility services to the Western Virginia Water
Authority.)
(For full text, see team activity/status report on file in the City Clerk's Office.)
There being no further business, the Mayor declared the
Roanoke City Council adjourned at 1:50 p.m.
APPROVED
Mary F. Parker
City Clerk
meeting of
Mayor
726
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
February i7, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 17, 2004, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by Council on
Monday, July 7, 2003.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., E~verly T.
Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt (arrived late), William D. Bestpitch,
and Mayor Ralph K. Smith ............................................. 7.
ABSENT: None ................................................. O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by The Reverend Shadrach Brown, Jr., Pastor,
Garden of Prayer No. 7 Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 17, 2003, and recessed until Friday, November 21, 2003; the Special
Meeting held on Tuesday, November 25, 2003; the regular meeting held on
Monday, December 1, 2003; the regular meeting held on Monday, December 15,
2003, and the regular meeting held on Monday, January 5, 2004, were before the
body.
727
Mr. Cutler moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
COMMITTEES-PENSION: A communication from D. Duane Dixon tendering
his resignation as a member of the Board of Trustees, City of Roanoke Pension
Plan, effective February 2, 2004, was before the Council.
Mr. Cutler moved that the resignation be accepted. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
COMMI'I-FEES-INDUSTRIES: A report of qualification of Linda D. Frith and
Allen D. Williams as Directors of the Industrial Development Authority, was before
Council.
Mr. Cutler moved that the report of qualification be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A
communication from the City Manger 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 2.2-371! (A)(3), Code of Virginia
(1950), as amended, was before the body.
Mr. Cutler 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. Fitzpatrick and adopted by the following vote:
728
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ROANOKE ARTS COMMISSION: Mark C. McConnel, Chair, Roanoke Arts
Commission, presented an update on the public arts planning process.
He advised that:
The arts contributed $849 million in revenues for Virginia businesses,
plus $342 million in revenues for Virginia tourism businesses,
through spending by out-of-state visitors.
· In 1999 alone, $324,717.00 in admissions and payroll taxes were
paid in the City of Roanoke by arts organizations.
In 1999, a Virginia Tech study concluded that the net total direct
output of the arts in Roanoke was $15 million, with an extended
effect of $24.2 million.
· An initiative is already in place for the Percent for Arts Program.
· One per cent of the capital projects budget, except sidewalks and
sewers, is allocated for public art.
· Funding for arts is tied directly to the physical growth of the City.
· Well coordinated guidelines are now in place for program
implementation.
· Art, which is tied to the Public Arts Plan, was requested by Council.
In establishing plan design for the Public Arts Plan, the Arts
Commission researched and evaluated 25 existing public arts plans
from cities similar to Roanoke; interviewed over 12 City leaders to
determine the best methodology for the study, met with staff of the
729
Parks and Recreation Department to review their study process,
solicited input from planning specialists, involved public groups,
reviewed placement of art in all areas of the City, topological
diversity, creation of exterior spaces for performance art, identified
additional sources for funding - leverage City funds, adjunct to the
Comprehensive City Vision Plan, maximize economic development
impact, and public consensus.
Mr. McConnel stated that the following are needed to create a Public Arts
Plan for arts in the City of Roanoke:
· Disperse allocation, of approximately $60,000.00 to fund the study.
· Secure the services of an Arts Planning Specialist.
· Employ one staff person for nine months (maximum).
· Intense public and Council involvement.
Council Member Cutler inquired about the potential impact of using
$60,000.00 from the Percent for Arts Program for the study, and the status of art
in general in City buildings.
Mr. McConnel responded that establishing a Public Art Plan that the entire
City and all of its neighborhoods and public bodies can buy into is worth more
than individual pieces of public art. He advised that a public art plan is a way to
demonstrate to corporate sponsors and to matching grant entities the City's
direction in regard to public art which will mean even more public art for the City
of Roanoke over the long term.
Question was raised as to whether the Roanoke Arts Commission would like
to have a member of the City staff assigned as liaison to the Commission;
whereupon, Mr. McConnell advised that the Public Art Plan will direct whether
there will be a continuing relationship, and a review of how the public art
component of the City of Roanoke interfaces with City staff will determine where
the connection is needed, whether it be in the Parks and Recreation Department,
or the City Planning Department, or the City Manager's Office, etc.
Council Member Cutler encouraged that the study encompass a band shell
in downtown Roanoke for regular band concerts.
730
Council Member Fitzpatrick moved that Council authorize the expenditure
of up to $60,000.00 from the Percent for Arts allocation for development of a
Public Art Plan. The motion was seconded by Mr. Cutler.
Council Member Wyatt expressed concern with regard to a commission or
adjunct to City government hiring its own employee(s), and the position of the
City of Roanoke in that type of relationship; whereupon, Mr. McConnell advised
that the individual would be a contract employee for nine months, and the art
plan will require periodic updates which will not require staff.
Ms. Wyatt expressed further concern that certain contractual questions
need to be answered by the City Manager before she could vote to allocate
$60,000.00 for a Public Art Plan.
Council Member Bestpitch also advised that input by City staff is needed
before he could vote to approve the expenditure of up to $60,000.00 for the
Public Art study. He suggested a study of exterior spaces for performing art and
referenced the ability to terrace Elmwood Park. He stated that a natural
amphitheater currently exists, but the experience of attending activities in
EImwood Park would be enhanced considerably in a level area, staggered at
varying intervals to fit in with the park's natural contour.
Vice-Mayor Harris advised that Council could approve the request of the
Roanoke Arts Commission for allocation of up to $60,000.00 in concept, and
after the necessary details have been worked out, the City Manager could submit
the appropriate measure to Council for consideration and adoption.
Mr. Fitzpatrick amended his motion to provide that the allocation of up to
$60,000.00 for a Public Art Plan will be subject to report by the City Manager.
Mr. Cutler concurred in the amendment to the motion.
The motion, as amended, was unanimously adopted.
ROANOKE CIVIC CENTER-HOCKEY: Ms. Christy Lovelace appeared before
Council as a citizen of the City of Roanoke and a fan of the Roanoke Express
hockey team. She spoke in regard to keeping the Roanoke Express in the
Roanoke Valley for at least another three years and presented a petition of
support signed by citizens of the City of Roanoke and surrounding areas. She
called attention to a number of citizens and businesses who have committed to
purchasing season tickets for the 2004-05 season, or sponsoring the Roanoke
Express at $1,500.00 or more.
731
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
INDUSTRIES-RIVERSIDE CENTRE: The Mayor announced that a update on
the Riverside Centre for Research and Technology would be held at the conclusion
of the Council meeting.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-EROSION/SEDIMENT CONTROL-WATER RESOURCES: The City
Manager submitted a communication advising that in late 2003, the Department
of Conservation and Recreation (DCR) of the Commonwealth of Virginia undertook
an audit of the City's Erosion and Sediment Control and Stormwater Regulations
and Programs; the audit is undertaken of all localities in the Commonwealth of
Virginia on an ongoing basis; as a part of the review, various components of the
City's existing Erosion and Sediment Control regulations and Stormwater
regulations were requested by DCR to be updated to more closely reflect recent
changes in the State Code; and the recommended changes to the City Code will
enable City Code provisions to be in concert with specific language as contained
in State regulations.
It was further advised that revisions to the Erosion and Sediment Control
Ordinance as proposed for adoption will affect Sections 11.1-5 and 11.1-6; as is
the City's current policy, the name of the responsible land disturber to be
identified prior to any land disturbing activities will be required; and with regard
to construction of single family residences, a responsible land disturber must be
named if a violation occurs, and utilities such as gas, electric, and telephone are
required to file general erosion and sediment control plans directly with the State.
It was explained that revisions to the Stormwater Management Ordinance as
proposed for adoption provide verbiage recommended by DCR to clarify the
existing ordinance; the affected sections are 11.2-8, 11.2-9 and 11.2-10;
clarification for runoff calculations of pre-development conditions will be
incorporated; the Virginia Stormwater Handbook and Virginia Stormwater Law and
Regulations are referenced directly in connection with Roanoke's water quality
recommendations; and outfalls not only need to have adequate channels, but the
use of any velocity dissipaters will be required as necessary.
732
The City Manager recommended that Council adopt ordinances amending
the Erosion and Sediment Control and Stormwater Management Ordinances,
Chapter 11.1 and 11.2 of the Code of the City of Roanoke (1979).
Mr. Cutler offered the following ordinance:
(#36617-021704) AN ORDINANCE amending and reordaining §11.1-5,
Land disturbinq permit requirements, and §11.1-6, Erosion and sediment control
plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of
Roanoke (1979), as amended, to conform the City Code with State requirements;
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 317.)
Mr. Cutler moved the adoption of Ordinance No. 36617-021704. 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.
Mr. Cutler offered the following ordinance:
(#36618-021704) AN ORDINANCE amending and reordaining §11.2-8,
Quantity control Generally, §11.2-9, Same Volume, and §11.2-10, General
criteria, of Article II, Technical Criteria, of Chapter 11.2, Stormwater Manaqement,
of the Code of the City of Roanoke (1979), as amended, to conform the City Code
with State requirements; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 319.)
Mr. Cutler moved the adoption of Ordinance No. 36618-021704. 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.
733
NEWSPAPERS-STREETS AND ALLEYS: The City Manager submitted a
communication advising that on November S, 2001, Ordinance No. 35640-
110501 was adopted by Council permanently vacating a small portion of Salem
Avenue, S.W., and the ordinance took effect ten days thereafter; as a condition of
the ordinance, the petitioner (The Times-World Corporation) was required to
prepare and record a subdivision plat showing the vacated portion of the street
and the combination of the small portion of Salem Avenue with the adjoining
parcels; the ordinance required that the plat be prepared and recorded within a
period of 12 months and if the ordinance was not recorded within a period of 12
months, the measure would become null and void.
It was further advised that the applicant, The Times-World Corporation, by
its attorney Daniel F. Layman, Jr., has advised that payment was made for the
portion of the street that was closed, however, a plat of subdivision has not been
prepared and recorded incorporating the closed street portion into the adjoining
lot; therefore Mr. Layman has prepared and filed an application requesting that
Ordinance No. 35640-110501 be re-enacted and amended to allow 36 months
for completion and recordation of the subdivision plat.
The City Manager recommended that Council reenact and amend Ordinance
No. 35640-110501, with the condition that the period of time required for
satisfaction of the conditions will be revised from 12 to 36 months.
Mr. Fitzpatrick offered the following ordinance:
(#36619-021704) AN ORDINANCE amending and reordaining Ordinance
No. 35640-110501; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 321.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36619-021704. 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.
734
LEASES-PARKING FACILITIES: The City Manager submitted a communication
advising that on May ~., 1984, the City entered into a Parking Lease Agreement
with 111 Franklin Road Joint Venture to lease 250 parking spaces in the
Williamson Road Parking Garage, 201 Tazewell Avenue; in October 1997, the
agreement was assigned to Crown Roanoke L.L.C., by Assignment and
Assumption of Leases and Guarantees in connection with Crown Roanoke's
purchase of the property located 11! Franklin Road; effective May 1, 2003, Crown
Roanoke has requested an amendment to the Agreement to allow a reduction in
the number of parking spaces from 250 to 196; and the term of the Agreement
expires on June 30, 2006, but the agreement is subject to two successive ten year
automatic extensions, unless Crown Roanoke notifies the City that it does not
intend to extend the Agreement.
It was further advised that the reduction of 54 parking spaces will be a
permanent reduction to allow the City to provide the spaces to other customers;
as of May 1, 2003, the 54 spaces have been allocated to other customers; the 196
spaces, which will remain under lease to Crown Roanoke, shall be paid for by
Crown Roanoke at $65.00 per month and such rates shall be subject to further
market adjustment as set forth in the original Agreement.
The City Manager recommended that she be authorized to enter into a First
Amendment to the Parking Lease Agreement between the City and Crown
Roanoke L.L.C., effective retroactive to May 1, 2003, to permanently reduce the
number of parking spaces being provided in the Agreement from 250 to 196 and
to further authorize the City Manager to take such additional action and to
execute such further documents as may be reasonably necessary to provide for
implementation and administration of the Amendment and Agreement.
Mr. Cutler offered the following ordinance:
(#36620-021704) AN ORDINANCE authorizing an amendment of a parking
lease agreement between the City of Roanoke and Crown Roanoke L.L.C.; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 322.)
Mr. Cutler moved the adoption of Ordinance No. 36620-021704. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
735
BUDGET-REFUSE COLLECTION: The City Manager submitted a
communication advising that over 5,500 citizens of the Roanoke Valley have
brought their hazardous household waste to six events that the City of Roanoke
has coordinated since April 2000; the first five of these events were funded
predominately from the capital accounts which resulted from the Consent Order
with the Virginia Department of Environmental Quality and the Plan Agreement
with the U. S. Environmental Protection Agency; however, the most recent event
conducted in September 2003 was preformed on regional basis to fulfill a
requirement of each jurisdiction's Virginia Pollutant Discharge Elimination System
(VPDES) Stormwater Quality Improvement Program; and the neighboring
jurisdictions provided both staff and financial resources for the September 2003
event which totaled over $78,000.00.
The following is a breakdown of each jurisdiction's monetary commitment
to the September 2003 Household Hazardous Waste Collection Day:
Salem $ 3,373.00
Roanoke County $19,650.00
Vinton $ 1,088.00
BotetourtCounty $ 4,177.00
$28,288.00
008-660-9783-9794
008-660-9783-9793
008-660-9783-9796
008-660-9783-9797
The City Manager recommended Council appropriate revenue totaling $28,288.00
representing revenues received from other jurisdictions as above described, and
appropriate same to Household Hazardous Waste Day, Account No. 008-660-
9783-8999, in the Capital ProJects Fund.
Mr. Dowe offered the following ordinance:
(#36621-02:~704) AN ORDINANCE to establish revenue estimates and to
appropriate funding for the September 2003 Household Hazardous Waste
Collection Day, amending and reordaining certain sections of the 2003-2004
Capital ProJects Fund Appropriations and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 324.)
Mr. Dowe moved the adoption of Ordinance No. 36621-021704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, 8estpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
736
ENVIRONMENTAL POLICY: The City Manager submitted a communication
advising that the U. S. Environmental Protection Agency (EPA) has determined that
levels of ozone in the Roanoke Valley area sometimes exceed acceptable limits by
a small margin; over the last five years, the number of days the acceptable ozone
limit has been exceeded has averaged four days each summer; in 2002, local
governments in the Roanoke Valley areas, through the Roanoke Valley Area
Metropolitan Planning Organization (MPO), entered into an Early Action Compact
(FAC) with the EPA; the Compact allowed the Roanoke Valley area, in conjunction
with the Virginia Department of Environmental Quality (VDEQ) and the EPA, to
develop an Ozone Early Action Plan (FAP) to reduce excessive ozone levels by
2007; and Council approved participation in the FAC pursuant to Resolution No.
36186-121602.
It was further advised that since the Compact, the MPO has coordinated
development of the EAP with representatives of participants in the Plan, including
the City of Roanoke; and strategies in the EAP for local implementation
concentrate on three general targets: heavy duty diesel equipment, lawn and
garden equipment, and other assorted action including public education and
specific actions on high ozone days.
It was explained that the FAP includes actions and obligations the City of
Roanoke will be responsible for implementing and will become Federally
enforceable by the EPA and VDEQ; the City of Roanoke is committed to or intends
to implement the strategies and actions it is mandated by the EAP to perform,
such as replacing trucks with efficient ethanol-compatible vehicles, instituting a
system of greenways and bicycle lanes, increasing the tree canopy and instituting
Valley Metro service to Blacksburg; other measures will be administrative, i.e.:
refueling vehicles in early mornings or late afternoons, or restricting mewing on
high ozone days; and the FAP's strategies and obligations, which will need to be
continued until at least 2012 under the FAP, are not expected to require
identifiable incremental costs to the City.
It was further explained that having an approved FAP allows the area to
develop and pursue its own strategies to effectively address high ozone levels by
2007; the alternative to an Early Action Plan is for the Environmental Protection
Agency to designate formally the area as a ~non-attainment area" and mandate
significant actions and prohibition on activities in the Roanoke Valley in order to
attain required standards by 2009; EPA monitoring would then continue for
another 20 years; and this course of action would give much less local control
and would be much more burdensome to the public and to private sectors for a
much longer period of time.
737
The City Manager advised that the Metropolitan Planning Organization
adopted the EAP on January 22, 2004; all parties to the Compact, including the
City of Roanoke, are requested to adopt the Plan in time to submit same to VDEQ
and EPA in March; Roanoke County and the Town of Vinton have already adopted
the Plan; the intention is to begin implementation of strategies in 2004 in order
to enhance effectiveness in ozone reduction in 2005; and EAP strategies generally
are consistent with policies and plans of the City of Roanoke and are not expected
to incur additional identifiable costs.
The City Manager recommended that Council adopt and endorse the
Roanoke Valley Area Ozone Early Action Plan (EAP) which will be in a form
substantially similar to the EAP adopted by the Metropolitan Planning
Organization, and that the City Manager be authorized to take such actions and
to execute such documents as may be necessary for implementation and
administration of the Ozone Early Action Plan, including any modifications to the
Plan.
Mr. Cutler offered the following resolution:
(#36622-021704) A RESOLUTION endorsing and adopting the Ozone Early
Action Plan for the Roanoke Valley Area.
(For full text of resolution, see Resolution Book No. 68, Page 325.)
Mr. Cutler moved the adoption of Resolution No. 36622-021704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
· AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
REPORTS OF COMMITTEES:
COMMUNITY PLANNING: The City Planning Commission submitted its 2003
Annual Report.
738
It was advised that last year, the Planning Commission officially met 15 time.~-
to consider the following:
· 21 requests to rezone property or amend proffered conditions
· 12 street and/or alley closure requests
· 9 amendments to the City's zoning ordinance
7 amendments to the Comprehensive Plan (Hurt Park/Mountain
View/West End, Norwich, Wasena, Morningside/Kenwood,
Riverdale, Gainsboro, Harrison/Washington Park, and Urban
Forestry)
It was further advised that the major work effort of the Planning
Commission and staff last year centered on the review and adoption of
neighborhood plans and the development of a new zoning ordinance for the
City of Roanoke; and it is anticipated that the following neighborhood plans will
be initiated and approved during 2004: Williamson Road Area Plan,
Riverland/Walnut Hills, Villa Heights, Grandin Court, and the Franklin/Colonial
Corridor Plan.
It was explained that the Planning Commission's major goal for 2004 is the
same as 2003 -- the adoption of a new Zoning Ordinance, which was last
revised in 1987; the Planning Commission will continue to monitor progress in
implementing initiatives and strategies as set forth in Vision 2001-2020; City
Planning Commission members are particularly interested in working to pursue
initiatives related to new housing development, village centers, redevelopment
of underutilized commercial and industrial areas, and integration of City design
principles for new development.
There being no questions or comments, without objection by Council, the
Mayor advised that the City Planning Commission's 2003 Annual Report would be
received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of $4,178.00, for the Expanded GED Testing Service
program, was before Council.
It was advised that the funds will be used to operate a satellite GED test
center at the Virginia Employment Commission and to expand testing services,
witll 100 per cent of the program to be reimbursed by State funds.
739
The Director of Finance submitted a report recommending that Council
concur in the request of the School Board.
Mr. Fitzpatrick offered the following ordinance:
(#36623-021704) AN ORDINANCE to appropriate funding for GED Testing
Services supported by a State grant, amending and reordaining certain sections of
the 2003-2004 School Fund Appropriations and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 327.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36623-021704. The
motion was seconded by Mr. Harris.
The Mayor requested an update on the GED Program; whereupon,
Kenneth F. Mundy, Director of Fiscal Services, Roanoke City Public Schools,
advised that the information will be forthcoming.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the School Board
is requesting a $4,178.00 appropriation by Council because the School Board has
no authority to appropriate funds, therefore, how can City Council, or the City
administration, ask the School Board to fund over $200,000.00 for artificial turf
for the proposed new stadium/amphitheater. She stated that the citizens of
Roanoke should be given an explanation regarding the turf surface issue, total
cost, etc.
Council Member Wyatt advised that artificial turf came about at the
recommendation of athletic directors from the two high schools as a result of
looking at different types of surface turf, and Council is attempting to be
responsive to the recommendation of the athletic directors on behalf of Roanoke's
students.
Council Member Bestpitch clarified that the $4,178.00 represents State
funds, and since the School Board has no authority to appropriate funds, the
matter was submitted to Council for appropriation of the $4,178.00.
Ordinance No. 36623-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
740
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
ARMORY/STADIUM: Council Member Wyatt advised that it is the
responsibility of Council to listen to the voice of Roanoke's citizens, and the
citizens of Roanoke spoke clearly at the Democratic ~Firehouse' Primary which
was held on Saturday, February 7, 2004; therefore, she stated that it behooves
Council to place on hold any plans for construction of a stadium/amphitheater at
the Orange Avenue/Williamson Road site to allow the incoming Council, which
takes office on July 1, 2004, to address the issue. She stated that advocates of
saving Victory Stadium should be given the opportunity to offer a proposal that
will renovate the 25,000 seat facility at a cost of $10 million, or less, which is the
figure that proponents of saving Victory Stadium have quoted on several
occasions in the past.
Ms. Wyatt moved that Council place on hold the construction of a new
stadium/amphitheater at Orange Avenue/Williamson Road to allow the incoming
Council, effective July 1, 2004, the opportunity to address the issue. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt and Mayor Smith ...... 4.
NAYS: Council Members Cutler, Dowe and Bestpitch .................. 3.
Ms. Wyatt advised that the intent of her motion is that Victory Stadium will
be considered for renovation as a 25,000 seat facility, at a cost of $10 million or
less.
Discussion took place in regard to whether the intent of Ms. Wyatt's motion
could, procedurally, be included in the formal motion that was adopted by
Council; whereupon, the Mayor ruled that the motion, which was offered by
Ms. Wyatt and adopted by Council, provides that the stadium/amphitheater
construction project will be placed on hold to allow the incoming Council as of
July 1, 2004, to address the issue.
741
Ms. Wyatt moved that Victory Stadium be considered for renovation as a
25,000 seat facility, at a cost of $10 million or less.
The Mayor invited citizens who wished to speak to the issue to register with
the City Clerk's Office during a brief recess.
At 3:15 p.m., the Mayor declared the Council meeting in recess.
At 3:30 p.m., the Council meeting reconvened, with Mayor Smith presiding
and all Members of the Council in attendance.
The Mayor advised that no persons had registered to speak during the
recess.
Ms. Wyatt advised that after due consideration, she would withdraw her
motion for consideration of the renovation of Victory Stadium as a 25,000 seat
facility at a cost of $10 million or less. She stated that the intent of her motion is
clear inasmuch as those were the conditions set forth by numerous persons when
they asked citizens to sign petitions in favor of saving Victory Stadium. She
advised that the proponents of Victory Stadium should be held to their word and
be accountable for their actions.
Vice-Mayor Harris advised that the action taken by Council stops discussion
with the Iow bidder relative to construction of the stadium/amphitheater project
on Orange Avenue/Williamson Road until the new Council is seated on July 1,
2004. He expressed appreciation to Ms. Wyatt for making the motion because
the stadium/amphitheater project represents a high dollar item, it is an issue that
is of concern to the entire community, and inasmuch as the municipal election
will be held in approximately 75 days, it is appropriate to allow the incoming
Council that will be seated on July 1, 2004, to have input.
HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS: Dr. E. Jeanette Manns, 1826 10t~ Street, N. W., expressed
concern with regard to a vehicle that was towed from the yard of her private
residence under provisions of the City's inoperable motor vehicle ordinance. She
advised that her constitutional rights as a Iow/moderate income citizen have been
violated.
742
ARMORY/STADIUM: Mr. Brian J. Wishneff, 2913 Wycliffe Avenue, S. W.,
expressed appreciation to Ms. Wyatt for making the motion to place on hold the
stadium/amphitheater project until the new Council is seated on July 1, 2004. He
stated that he was one of the proponents who quoted the figure of $10 million to
renovate Victory Stadium, and, if elected to Council, he will continue to advocate
a $10 million renovation of Victory Stadium.
Mr. Sherman Lea, 1638 Lonna Drive, N. W., expressed appreciation to Ms.
Wyatt for making the motion and to the members of Council who supported the
motion to allow the stadium/amphitheater project to be deferred until the new
Council takes office on July 1, 2004.
Mr. E. Duane Howard, 508B Walnut Avenue, S. W., expressed appreciation
to Ms. Wyatt for making the motion to hold in abeyance the construction of a new
stadium/amphitheater until the new Council is seated on July 1, 2004. He referred
to the importance of elected officials listening to the wishes of the citizens of
Roanoke, and advised that over 7000 signatures were submitted on a petition in
support of saving Victory Stadium, but it took only 2000 citizens to cast their vote
at the Democratic ~Firehouse" Primary on Saturday, February 7, 2004, to make a
difference. He stated that there should be no set dollar amount when it comes to
saving Victory Stadium; Victory Stadium should be looked at like a loved one who
is on life support - the family wants to save the loved one if possible, but there
may come a time when it is necessary to let the loved one go. He requested that
the City engage the services of the best structural engineer that money can buy to
render an unbiased opinion and based upon that opinion, a decision should be
made on the fate of Victory Stadium.
CITY MANAGER COMMENTS:
ROANOKE CIVIC CENTER: The City Manager advised that in response to
recent remarks by a citizen indicating that there were only a "hand full" of events
scheduled at the Roanoke Civic Center during the month of February, she
reported that 24 events are scheduled in February, ten of which represent the
Roanoke Express and the Roanoke Dazzle, and 28 events are scheduled in the
month of March. She stated that the Civic Center is alive and well and is an active
facility.
At 3:45 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in the Council's Conference Room, for a briefing on the
Riverside Centre for Research and Technology.
743
The Council meeting reconvened in the Council's Conference Room at
3:50 p.m.
INDUSTRIES-RIVERSIDE CENTRE: The City Manager welcomed Dr. Edward
Murphy, CEO, Carillon Medical Center, and representatives of the Carillon Bio
Medical Institute and Hayes, Seay, Mattern and Mattern. She advised that
approximately four years ago, the City of Roanoke executed a performance
agreement with Carillon Medical Center and the Bio Medical Institute for
redevelopment of a significant portion of the area that is bordered by Reserve
Avenue, Jefferson Street and Franklin Road, S. W., and she was pleased to
introduce an update on the progress of activity in which the City has worked as a
partner with the Roanoke Redevelopment and Housing Authority to acquire all of
the property, with one exception, in Phase I and Phase IA. She advised that the
project has proceeded to the point of unveiling the master plan for Phase I and
development of Phase I under terms of the performance agreement which is the
responsibility of Carillon. She added that the briefing will also include plans for
the first building to occupy the site; the project is on schedule in keeping with the
original time frame anticipating that it will be several years before all property is
acquired, demolished and occupants relocated to other sites, and the original
schedule calls for the Bio Medical Institute to physically occupy the site by June or
July 2005. She called attention to the need for minor revisions to the
performance agreement.
Dr. Murphy advised that part of Carilion's responsibility to the project is
completion of the master facility plans for the site. He introduced Briggs
Andrews, Attorney; Curtis Mills, Project Manager; Daniel Barchi, President, Carillon
Bio Medical Institute; and Steve Garrett and Mike Brennan representing Hayes,
Mattern and Mattern, to present schematic designs for the rendering of the first
building to be constructed. He asked that Council remain flexible in regard to
building design elements because this far out from occupancy, it is difficult to
obtain space commitments. He advised that the Bio Medical Institute office will
be located in the first building.
Mr. Brennan advised that:
The point of departure for the Carillon development plan is the South
Jefferson Redevelopment Plan, which was presented to Council for
approval by the Roanoke Redevelopment and Housing Authority some
time ago, and is comprised of elements with over arching regulations
for land use dealing with diversity and building replacement to
ensure an urban fabric to development of 70 acres of land, such as
landscape treatment, parking, utilities, etc.
744
Another component is design guidelines that adhere more to the
three distinct districts within the redevelopment area; viz: the
Jefferson Street corridor, areas known as the crossing, and the focal
point of the entire development which is the campus.
Another set of guidelines that are even more specific address the
architectural design and development of the buildings within the
campus, and specifically place the building around the central
enclave, or green space, in order to obtain the identity of a campus
and to share space in a common area.
Buildings are arranged so as to create an urban edge to the campus
as they present themselves to Jefferson Street and Reserve Avenue.
Seven buildings in all will house a variety of uses, and buildings at
the perimeter of the site are four stories high ranging in the
neighborhood of 100,000 - 150,000 square feet.
The site still remains in the flood plain and will be elevated out of the
ten year flood plain in order to mitigate some flooding problems.
The interior of the site has two taller buildings, with eight levels of
approximately 200,000 square feet capacity each.
A parking deck will provide parking as new buildings are constructed.
The focal point of the campus is the central enclave, or green space,
which is an elevated pedestrian plaza located at the first occupied
level of all of the floors that creates an opportunity for informal
gathering and interaction among occupants and provides a sense of
community.
Phase I buildings will be located at the extension of Whitmore Street
at Jefferson Street, Phases 2, 3 and 4 work their way to the west to
create the edge along Jefferson Street and Reserve Avenue, and Phase
5 buildings will be located in the South Jefferson/Reserve Avenue
area.
During implementation of initial phases, a significant gesture will be
made toward creating a green space, a boulevard will be provided for
internal vehicle circulation, landscaped with trees, and a decorative
pavement that announces the entrance way and pathways.
745
· Buildings have communication at the ground level with the sidewalk
at the street for integration into the urban fabric of the area.
· As future buildings displace parking, there will be a need for
structure parking.
Most of the land acquisition has been completed, and a parcel of land
is held private that the owner would like to maintain for a
development opportunity.
Phase I building at the intersection of Whitmore Street is
approximately a 25,000 square foot footprint at ground level, and
parking consisting of approximately 325 spaces is located adjacent
to the building.
The actual area of development is larger than is needed in order to
accommodate storm water management requirements, and storm
water management for the entire development will be addressed
through a future storm water detention pond near the hotel.
· Preliminary sketches were presented of the exterior elevation.
The buildings represent prescriptive guidelines of the master plan -
the master plan requires that the buildings at Jefferson Street and
Reserve Avenue maintain a character that is in keeping with existing
architecture in the area.
The master plan anticipates an opportunity to create differing
identities as the buildings present themselves in the enclave and to
be more expressive of their technique.
· In anticipation of an elevated enclave, the buildings are required to
have inclusion of an element that anticipates front entry.
Council Member Cutler advised that unless parking, restaurants and other
kinds of amenities are provided that will appeal to employees at lunch time and
breaks, etc., there will not be a reason to go toward Jefferson Street or Reserve
Avenue because ultimately, most of the activity provided by the complex will be
internal to the facility. He stated that the challenge to the City is to ensure that
whatever takes place between Reserve Avenue and the river at Jefferson Street
746
and Franklin Road is attractive enough to compliment what is being done on the
other side of Reserve Avenue and cause the area to be an attractive place for use
by employees of the complex. He encouraged implementation of as many
innovative storm water management opportunities as possible, such as rain
gardens and other water features, etc.
Council Member Fitzpatrick advised that he prefers the design that faces in,
and the issue that is not addressed in the elevation drawing is the treatment of
Jefferson Street which is the most important access point. He called attention to
continuing discussions with regard to the operation of a street car to connect the
hospital with downtown Roanoke and Carilion's downtown complex. He
requested that consideration be given to a wider space between Jefferson Street
and the start of the building, lighting, and certain other pedestrian amenities.
Dr. Murphy pointed out that Mr. Fitzpatrick raised some fair and valid
points; however, he asked that Council look at the design in terms of schematics.
He advised that the project is in its early stages and Carillon would use the input
of Council and City staff to prepare a design that is pleasing. He stated that
although curb appeal is important, the project will work only if third parties
occupy the building; Carillon is committed to proceeding with the project and
wishes to work with the City; it is necessary to effect the transfer of the initial site
in order to proceed with the first building that require acquisition of all of the
properties; and there have been discussions with regard to accelerating the
purchase of Site A to help with the cash flow question for the remainder of
acquisition. He expressed support in regard to whatever decision is made so long
as the decision is timely and within the constraints of the performance
agreement.
The City Manager advised that design guidelines can be revisited, if
necessary; the first building will set the standard for what will ultimately happen;
Carillon has committed to the development of the entire Phase I as shown on the
master plan which does not necessarily mean that Carillon will build or occupy all
of the buildings, but Carillon is responsible for ensuring that development takes
place; and other parties may actually construct buildings and establish
businesses, but it is important that the design follow whatever character is
initiated with the first building. She called attention to the need to acquire the
last piece of property which will, in large measure, determine the time line
because the sooner the property is available, the more quickly Carillon will be
able to reach a more final design of the building and provide a timetable for
occupancy. She advised that the Bio Medical Institute will be one of the tenants of
the first building which is a component of the original performance agreement.
747
The City Manager advised that with the concurrence of Council, City staff
will prepare the necessary documents and required public hearing
advertisements, etc., to more forward with a modification of the performance
agreement that will accelerate the time line through which Carilion will purchase
all of the properties through the Roanoke Redevelopment and Housing Authority.
By consensus, the Council concurred in the City Manager's remarks.
At 4:45 p.m., the Council convened in Closed Session in the Council's
Conference Room.
At 5:15 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, Mayor Smith presiding.
COUNCIL: 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 Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
At 5:18 p.m., the Council meeting was declared in recess until 7:00 p.m., in
the Council Chamber.
At 7:00 p.m., on Tuesday, February 17, 2004, 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., Beverly T.
Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor
Ralph K. Smith ....................................................... 7.
ABSENT: None ........................................... ,- ...... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hack. worth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F Park`er,
City Clerk.
748
The meeting was opened with prayer by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, ~1981, the City Clerk having advertised a public hearing for
Tuesday, February 17, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a request to rezone a tract of land located at 739 Townside
Road, S. W., containing 3.77 acres, more or less, identified as Official Tax No.
5490307, from C-2, General Commercial District, and C-2, General Commercial
District, with conditions, to LM, Light Manufacturing District, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roano/ce
Times on Friday, January 30, 2004 and Friday, February 6, 2004.
The City Planning Commission submitted a written report advising that the
petitioner requests the rezoning of the subject parcel to LM, Light Manufacturing
District, for the purpose of developing mini-warehouses as a use by right.
The Planning Commission recommended that Council approve the request
for rezoning, as amended.
Mr. Dowe offered the following ordinance:
(#36624-021704) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City; subject te certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 328.)
Mr. Dowe moved the adoption of Ordinance No. 36624-021704. The
motion was seconded by Mr. Cutler.
749
Keith Hummer appeared before Council as spokesperson for the petitioner.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36624-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Tuesday, February 17, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a request of LSW-HMW Family Limited Partnership, to rezone a
tract of land located at 622 Huntington Boulevard, N. E., containing 1.630 acre,
more or less, identified as Official Tax No. 3280102, from CN, Neighborhood
Commercial District, to LM, Light Manufacturing District, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, January 30, 2004, and Friday, February 6, 2004.
The City Planning Commission submitted a written report advising that the
subject parcel of land consists of 1.630 acre and has 206 feet of frontage on
Huntington Boulevard; and the purpose of the request for rezoning is to allow for
continued use of the property in a manner for which the existing structure was
designed and for which the structure has historically been used.
It was further advised that a Second Amended Petition was filecl by the
petitioner in which a mini-warehouse would be deleted as a permitted use on the
subject property; and with appropriate use limitations and prohibition of outdoor
storage, as contained in the Second Amended Petition for rezoning, the LM
rezoning of the subject property is deemed appropriate.
The City Planning Commission recommended that Council approve the
request for rezoning.
750
Mr. Dowe offered the following ordinance:
(#36625-021704) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 328, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City; subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 329.)
Mr. Dowe moved the adoption of Ordinance No. 36625-021704. The
motion was seconded by Mr. Fitzpatrick.
Daniel F. Layman, Jr., Attorney, representing the petitioner, appeared before
Council in support of the request of his client.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36625-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
NEIGHBORHOOD ORGANIZATIONS-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Tuesday, February 17, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a proposed amendment to Vision 2001-2020, the City's
Comprehensive Plan, to include the Gilmer Neighborhood Plan, the matter was
before the body.
751
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, January 30, 2004 and in The Roanoke Tribune on Thursday,
February 5, 2004.
The City Planning Commission submitted a written report advising that
through the planning process, seven major issues were identified:
In response
Preserving neighborhood character
Neighborhood appearance
Providing jobs, goods, and services in the neighborhood
Providing community facilities
Industrial encroachment
Numerous vacant tots
Safety
to the issues, priority recommendations include:
Implementing the Neighborhood Design District throughout
the neighborhood; the Plan also provides architectural
guidelines that can supplement NDD regulations.
Developing and beatifying neighborhood gateways
Providing for neighborhood commercial development
Developing community centers and parks
Implementing a future land use plan (and corresponding
zoning patterns) to reduce industrial-residential conflicts.
Continue development of appropriately designed infill housing.
Implementing crime prevention activities.
752
The City Planning Commission recommended that Council adopt the Gilmer
Neighborhood Plan as a component of Vision 2001-2020, the City's
Comprehensive Plan.
Mr. Dowe offered the following ordinance:
(#36626-021704) AN ORDINANCE approving the Gilmer Neighborhood
Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include
the Gilmer Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
(For full text of ordinance, see Ordinance Book No. 68, Page 331.)
Mr. Dowe moved the adoption of Ordinance No. 36626-021704. The
motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36626-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
Mr. Fitzpatrick advised that the report of the City Planning Commission
indicates that City Planning staff worked with Hill Studio throughout the planning
process to ensure consistency with Vision 2001-2020 and a consistent
policy/action format; whereupon, he asked that the record reflect that his son is
employed by Hill Studio.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Tuesday, February 17, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke that a 24-foot wide
alley running in an easterly direction from Franklin Road, S. W., for a distance of
approximately 129 feet and lying between parcels bearing Official Tax Nos.
1020304 and 1020310; and closure of a ten-foot wide alley running in a
northerly direction from said 24-foot wide alley, be permanently vacated,
discontinued and closed, the matter was before the body.
753
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, January 30, 2004, and Friday, February 6, 2004.
The City Planning Commission submitted a written report advising that the
petitioner requests closure and vacation of the two paper alleys to construct a
facility for the Department of Fire/EMS; and the City of Roanoke owns all of the
adjoining property.
· , The City Planning Commission recommended that Council approve the
request to vacate, discontinue and close the subject alleys, subject to certain
conditions as more fully described in the report.
Mr. Dowe offered the following ordinance:
(#36627-021704) 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 by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 332.)
Mr. Dowe moved the adoption of Ordinance No. 36627-021704. The
motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
The being no discussion or comments by Council Members, Ordinance No.
36627-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... 0.
SPECIAL PERMITS: Pursuant to action by the Council, the City Clerk having
advertised a public hearing for Tuesday, February 17, 2004, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a proposed encroachment of an
awning into the public right-of-way at 105 S. Jefferson Street, the matter was
before the body.
754
Legal advertisement of the public hearing was published in The Roanoke
T/mes on Friday, February 6, 2004.
The City Manager submitted a communication advising that Bridget B. and
Hugh A. Meagher, owners of 105 S. Jefferson Street, have requested permission
for a tenant (applicant) to install an awning that will create an encroachment into
the public right-of-way of South Jefferson Street; the revocable encroachment will
extend approximately 48 inches into the right-of-way of South Jefferson Street,
at a height above the sidewalk of 8'9"; the right-of-way of Jefferson Street at this
location is approximately 59 feet in width; and liability insurance and
indemnification of the City by the applicant shall be provided, subject to approval
of the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owners and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke, granting a revocable license to Bridget B. and Hugh
A. Meagher, property owners at 105 S. Jefferson Street, to allow installation of an
awning encroaching into the right-of-way of South Jefferson Street.
Mr. Cutler offered the following ordinance:
(#36628-021704) AN ORDINANCE granting a revocable license to permit
the encroachment of an awning at a minimum height above the sidewalk of eight
feet (8') and nine inches (9"), extending approximately forty-eight inches (48")
into the public right-of-way of South Jefferson Street, from property bearing
Official Tax No. 1011124, 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, Page 344.)
Mr. Cutler moved the adoption of Ordinance No. 36628-02~704. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36628-021704 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
755
APPALACHIAN POWER COMPANY: Pursuant to action of the Council,.the City
Clerk having advertised a public hearing for Tuesday, February 17, 2004, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the proposed
conveyance of a 20-foot wide easement to Appalachian Power Company across
City-owned property located at the Roanoke Academy for Mathematics and
Science, to provide underground electric service, the matter was before the body.
Legal advertisement of the public hearing was published in The Roano/ce
Times on Friday, February 6, 2004.
The City Manager submitted a communication advising that Appalachian
Power Company has requested a 20-foot wide underground utility easement
across City owned property identified as Official Tax Nos. 2340104 and 2340108
to extend an existing power line on the site to provide underground electric
service to the facility.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents granting the above described
easement to Appalachian Power Company, to be approved as to form by the City
Attorney.
Mr. Cutler offered the following ordinance:
(#36629-021704) AN ORDINANCE authorizing the granting of a twenty-
foot wide easement for the extension of existing electric power service on City-
owned property, identified by Official Tax Nos. 2340104 and 2340108, to
Appalachian Power Company d/b/a American Electric Power ("AEP"), for the
purpose of providing underground electric service to the Roanoke Academy for
Mathematics and Science, 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, Page 337.)
Mr. Cutler moved the adoption of Ordinance No. 36629-021704. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36629-021704 was adopted by the following vote:
756
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch ....
and Mayor Smith ..................................................... 7.
NAYS: None .................................................... O.
OTHER BUSINESS: NONE.
HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
TRAFFIC-SIDE-WALKS/CURB AND GU'II'ER-COMPLAINTS: Mr. Chris Craft,
1501 East Gate Avenue, N. E., spoke with regard to traffic calming in the area of
Masons Mill Road and Hollins Road, N. E., specifically during peak traffic hours;
and repair of a City sidewalk (no location was provided).
He expressed appreciation to Ms. Wyatt for offering the motion to place the
stadium/amphitheater project on hold until the new Council takes office on
July 1, 2004.
ARMORY/STADIUM-ROANOKE GAS COMPANY: Ms. Angela Norman, 1731
Michael Street, N. W., expressed appreciation to Ms. Wyatt for offering the motion
to halt construction of the new stadium/amphitheater until the incoming Council
takes office on July 1, 2004.
She requested that Council investigate any means to address escalating gas
heating bills for Roanoke's citizens, specifically elderly citizens and those persons
living on a fixed income.
COMPLAINTS-CITY GOVERNMENT-CITY EMPLOYEES: Mr. Robert Gravely,
729 Loudon Avenue, N. W., spoke with regard to the City of Roanoke as a whole
and the City's work force.
There being no further business, the Mayor declared the meeting adjourned
at 7:30 p.m.
APPROVED
Mary F. Parker
City Clerk Mayor
757
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
March 1, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
March 1, 2004, 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 Vice-
Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular
Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to
· Resolution No. 36193-010603 adopted by Council on January 6, 2003, which
changed the time of commencement of the regular meeting of Council to be
held on the first Monday in each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, and M. Rupert Cutler ....................................... 4.
ABSENT: None ................................................ O.
(Mayor Ralph K. Smith and Council Members Alfred T. Dowe, Jr., and Beverly T.
Fitzpatrick, Jr., arrived late.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committee appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was
before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor that
Council convene in a Closed Meeting as above described. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler and Vice-Mayor Harris-4.
NAYS: None .................................................. O.
(Mayor Smith and Council Members Dowe and Fitzpatrick were not present
when the vote was recorded.)
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CITY COUNCIL-CITY PROPERTY: 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. Bestptich moved that Council concur in the request of the City
Manager that Council convene in a Closed Meeting as above, described. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler and Vice-Mayor Harris-4.
NAYS: None .................................................. 0.
(Mayor Smith and Council Members Dowe and Fitzpatrick were not present
when the vote was recorded.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
the City Attorney requesting that Council convene in a Closed Meeting to
discuss acquisition of real property for a public purpose, where discussion in
open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City
Attorney to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler and Vice-Mayor Harris-4.
NAYS: None .................................................. O.
(Mayor Smith and Council Members Dowe and Fitzpatrick were not present
when the vote was recorded.)
CITY COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter
of actual litigation, where such consultation or briefing in open meeting would
adversely affect the negotiating or litigating posture of the public body,
pursuant to Section 2.2-3711(A)(7), Code of Virginia (1950), as amended, was
before the body.
759
Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in Closed Meeting as above described. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler and-Vice-Mayor Harris-4.
NAYS: None .................................................. 0.
(Mayor Smith and Council Members Dowe and Fitzpatrick were not present
when the vote was recorded.)
(Council Members Dowe and Fitzpatrick entered the meeting.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRIING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: No
agenda items were proposed for a joint meeting of Council and the School
Board on Monday, April 5, 2004, at 12:00 noon.
Council Member Cutler requested a briefing on the closure of activities at
the stadium/amphitheater site on Orange Avenue/Williamson Road; whereupon,
the City Manager advised that Branch Highways was instructed to proceed with
the balance of excavation, erosion and sedimentation control, and it was
necessary to install fencing and security lighting to secure the site and to
ensure that there is no liability on behalf of the City relative to the site. She
stated that all vendors have been instructed to stop work, contracts will be
closed, and the City will determine the necessary payments in order to close out
any work that was in progress at the site.
Question was raised in regard to the origination of the oil spill that
occurred on Trout Run near the Norfolk and Western shops; whereupon, the
City Manager advised that if and when the party at fault is identified, the City
will take the appropriate action.
Mr. Cutler inquired about an incident that occurred over the weekend
when, it is alleged that police officers entered a residence in error at 417 Bullitt
Avenue, S. E.; whereupon, the City Manager advised that the investigation is
ongoing and contemplated action, if any, will be reviewed by the Police
Department Internal Affairs Division and the Citizens Review Panel.
76O
BRIEFINGS:
The City Manager introduced a briefing by the Financial Application
Integration Team. She advised that Council Member Wyatt previously advocated
the replacement of antiquated software and the integration of various
components of software within the City organization in order to interact with
each other.
John A, Elie, Director of Technology, presented an update on the
complete replacement/upgrade of the City's financial, human resources and tax
systems. He advised that:
· Most of the City's systems are 20 - 25 years old.
· Most companies and cities in the late 1990's upgraded their systems to
avoid Y2K issues.
The overall objective and scope of the project is a complete replacement
and upgrade of all of the City's major financial systems - payroll and tax
systems, with the goal of providing a better integration of systems, data
to be produced, and ability of staff to report quickly to Council and to the
City's executive management.
· The project involves both the City and the school system.
In terms of major applications, the financial aspect includes the following
major applications: to replace the budget preparation system, to enhance
payroll, human resources functionality and time entry, and to upgrade
the tax system/collections.
Key stakeholders include the Director of Finance, Director of Human
Resources, representatives of the school system, the City Treasurer, the
Commissioner of the Revenue and the Manager of Billings and
Collections.
· The City currently uses a mainframe environment and it is unusual to
have the majority of all systems on a mainframe.
· A financial package is available through a group known as AMS and the
City is in the process of upgrading to the AMS web base.
761
The human resources and payroll systems are provided by a separate
package from GEAC.
The City has a number of custom developed applications such as cost
accounting, time entry, personal property/local taxes, revenue
collections, business license, city-wide billing, and real estate, and each
application stores its data in separate files that are difficult to integrate
and run together.
The City is working with AMS to plan an upgrade which will run on a
stand alone server, as opposed to a mainframe, that will encompass
ledger payables, receivables, purchasing, fixed assets and cost
accounting.
The team is evaluating budget preparation packages, to be followed by a
separate request for proposals process for payroll function, followed by
human resources and tax and treasury applications.
Although the company will be required to go through the bid process, the
AMS system has the potential of being the successful bidder across
financial, payroll, and budget lines inasmuch as the system provides all of
the necessary functionality.
· It will take approximately three to five calendar years to complete the
project, depending on the availability of staff and funding resources.
Phase I has been completed which is the analyses of the processes that
are currently in place in the City and in the school system, evaluation of
alternatives has been completed for a new financial system; Phase 2 is in
process which includes planning implementation with the vendor, with a
project plan under consideration that calls for a fixed price contract,
clearly defined deliverables, and full scale implementation anticipated in
the summer of 2004, with completion by the summer of 2005.
Implementation of the budget process system will occur in November,
2004 and will be available for use in the next round of budget
preparation.
762
Council Member Wyatt questioned why the tax and treasury components
are listed last on the time line; whereupon, Mr. Elie advised that it is important
to ensure that the financial system, or the base general ledger, is in place which
is the first priority and will impact all of the systems, including payroll and the
tax systems; and considerable analysis will be done prior to actual
implementation to ensure that tax and treasury environments fit in with the
redesigned chart of accounts. He called attention to meetings with the
Commissioner of the Revenue to ensure compliance with State Code mandates,
and during Phase 2, the team met with representatives of all of the main users
of the system in the treasury/tax collection area to document their
requirements and processes, the team gained a good understanding of their
requirements, and the goal is to determine how available systems in the
marketplace can be matched to meet their requirements. He called attention to
numerous unique requirements in the tax/treasury collection area due to the
nature of State requirements and State laws; the team is working closely with
other municipalities to review their applications and no single enterprise
application will accomplish all of the work.
There was discussion in regard to integrating various systems as a part of
regional efforts such as the Western Virginia Water Authority; whereupon, the
City Manager advised that the decision has been made to use Roanoke City's
system for billing and Roanoke County's system for financial and human
resources/payroll functions for the Water Authority, and there will be instances
as the project moves forward when the best system of either the City or the
County will be used.
Question was raised as to whether the new system could lead to
additional areas of City/School cooperation, such as in the areas of purchasing
and human resources, etc.; whereupon, Mr. Elie advised that there will be a
number of opportunities to work closer as a result of the environment; and
currently the school system uses the City's financial system for payroll
purposes, the school system is interested in using the human resources
component, and "piggybacking" off of the purchasing system.
Mr. Elie advised that the project will cost approximately $7 million which
includes $1 million of internal staff time, with the bulk of funds to be used for
hardware, software, professional services and training; the School system will
contribute approximately $150,000.00 per year over the next several years;
there is a significant commitment on the part of the School Board and City
departments to make the new system successful, in order to be more
productive and responsive in addressing requests for information; benefits will
be seen in stages; once the ledger is in place, the City will have a new
purchasing and accounts payable system, followed by enhanced payroll, human
resources and a tax and treasury system; and the rate at which the project is
sustained will be dependent upon funding availability.
763
Mr. Elie highlighted some of the reasons for the project;
· To enhance integration between systems that are currently in place.
· To obtain full use of the human resources functionality for both the
City and the Schools.
· To improve the budget preparation system which is currently
limited in terms of what it can do to create new reports.
The new environment will allow key end users to go into the
system, select the information they need, and prepare their reports
in a much more timely manner, with the ultimate objective to
create accurate processing of data, timely reports and easier access
to key enterprise information.
(The Mayor entered the meeting and presided over the remainder of the Council
session.)
Ms. Wyatt stated that when Council requested the study of an integrated
system, it was for the purpose of focusing on assessing taxes and identifying
those tax dollars that are not currently being collected by the City. She
expressed concern that the primary concern of Council has not been addressed
in the presentation.
In response, Mr. Elie requested that the team be allowed to further review
timing and the approach to implementation in order to determine if there are
opportunities to accelerate certain revenue generating aspects.
The City Manager responded that Council expressed a desire for the
various systems to have the capability of talking with each other; there might
be information available in one system that could benefit another system,
which, at the present time, cannot be shared and it is believed that integrating
the system will improve the revenue issue. She stated that Ms. Wyatt's concern
is addressed under the category of enhanced integration between systems and
if information and activities can' be shared among City departments through
computer systems, the end result should be improved assessment of taxes.
The Mayor inquired as to the number one factor driving the project;
whereupon, Mr. Elie advised that the number one driving force would be timely
reporting and the ability to respond to Council and to citizens for information
requests.
764
The Director of Finance advised that most of the major systems that are
proposed to be replaced are in the range of 20 - 25 years old, and these
systems represent the City's financial infrastructure. He stated that currently,
other than through a manual process, the City cannot track such things as the
cost of operating a specific program, or the cost of storm drain maintenance, or
position tracking, etc. He added that the City's tax system is approximately 20
years old, the personal property tax system used by the Commissioner of the
Revenue was prepared in-house many years ago and has been significantly
modified so as to be compatible with the Governor's no car tax program; none
of the systems are as efficient as they can or should be; the accounting system
and procurement system will provide opportunities for the school system to use
the programs, and consolidation of programs will save money over the long
term.
Council Member Bestpitch advised that City staff is positioning Council
and the citizens in terms of the planning and vision of the City for the future
which must be based on solid financial data from a system that will pull out
numbers to demonstrate the impact of changes. He stated that to position this
Council and future Councils to be able to make better policy judgments and
decisions is the product that will be produced for the future and will keep the
City of Roanoke moving forward in a positive direction. He requested
reassurance as to how improved or how enhanced the process will be as a
result of the new system; i.e.: will the end result of the functions take the City
where it would like to be, or will the end result be an improvement or an
enhancement over past applications in terms of the level of integration with the
ability to share data and to generate various reports.
Mr. Elie responded that the team has targeted a fundamental redesign
and improvement in the reporting platform that will be available to end users,
with the desired goal to create an environment where in a single place, an end
user can select information to respond to Council in order to support policies
and procedures as opposed to today's practice which involves working with five
or more systems, pulling out separate reports and compiling all of the
information manually on a spreadsheet. He advised that there will be a few
applications that will continue to be custom applications because a vendor
product is not available for purchase, and in those situations information will
be placed in a recording database which will include information from the stand
alone systems in a single location.
765
Mr. Elie explained that there are cost benefits and components to the
project that have'a strong payback, particularly in the treasury/tax area, based
on the consultant study prepared in Phase I; in other areas such as payroll and
human resources, payback stretches out for ten to twelve years, and
information will be provided to Council for review to demonstrate that the
project is economically feasible, and that the City is taking the lowest cost
approach and showing a payback.
Dr. Cutler requested assurance that the information will be available to
not only Council and City staff, but to the public as well; whereupon, Mr. Elie
advised that in addressing transaction systems, most of the financial and
human resources payroll information is used primarily by staff, and there is a
kind of separate category of information that is intended for public use; and the
benefit of going to the web base systems will provide for that category of data
to be made available on the internet to enhance the public's ability to access
information and also ties in with the strategy of self-service for citizens and
employees. He stated that the goal is to install systems that will allow citizens
to conduct business with the City.
Robert H. Bird, Project Manager, Information Technology Division, was
requested to provide input; whereupon, he advised that it is unfortunate that
the time line component does not allow the tax/treasury and payroll/human
resources components to be implemented first, both of which will give the City
the greatest benefit. However, he stated that the City's current financial system
will be unsupported on July 1, 2005, because AMS has advised that it will
discontinue support on the City's main frame component as of that date. He
called attention to the need to replace the budget preparation system, which is
tightly integrated with the financial system and was the driving force in the
decision to include that component in the early stages of the study. He added
that it was necessary to make numerous trade offs, timing decisions were made
that were outside of the City's control, but overall, he stated that he was
comfortable with the proposed schedule.
Library Study Update:
The City Manager called upon Demetria Tucker, Acting Director of Library
Services, for a briefing on the library system comprehensive study.
Ms. Tucker advised that since January 2004, four information sessions
have been conducted in Roanoke's neighborhoods; whereupon, she called upon
Sheila Umberger, Manager of Technical Services and Project Facilitator, to
present a detailed briefing.
766
Ms. Umberger advised that a request for proposals was sent out in
October, 2003, eight proposals were submitted in November, 2003, interviews
were conducted and a vendor was selected in January 2004, and a contract was
negotiated in February 2004.
She advised that nine proposals were submitted and eight were accepted
for consideration; i.e.: Hillier, Phillips Swagger Associates, Lukmire Partnership,
Providence Associates, Inc., Dubberly Garcia Associates, Inc., Hidell Associates
Architects, David Milling and Associates, Himmel and Wilson Library
Consultants; and Phillip Swagger Associates, Hillier, and Hidell & Associates
Architects, were interviewed.
Ms. Umberger stated that Hidell Associates, Architects, of Carrollton,
Texas, is proposed to be awarded the contract; the firm is recognized for
having extensive experience in innovative library consulting, operational
assessments, long-range planning, space needs and building expansion
studies; locally, the firm will be working with Katz McConnell Associates and a
contract will be executed within one month.
She stated that once the contract is executed, Library staff will be
working with the architect to initiate the study which will include a planning
workshop that will be composed of participants from the steering committee,
the planning team, Library Board members, library staff and key stakeholders;
other details of the study include focus groups, telephone surveys, building
program and space, program collection and staff needs; and the process will
include a strong emphasis on citizen input and participation.
Council Member Bestpitch asked that the consultant look at the
Commonwealth of Virginia Building as a potential site for the library. He
referred to the amount of square footage in the building and advised that the
top two floors consist of a "U" shape, with a large space in the middle, and
inquired if an addition could be designed in the open space that would provide
a compatible design for the remainder of the building that could be used for
library purposes.
767
Dr. Cutler advised that also to be considered is the library's relationship
to EImwood Park and the City's Parks and Recreation Department; whether or
not the current library should remain in its present location, or renovated or
razed; the relationship to Downtown Roanoke, Inc., Outlook Roanoke, the
future Bullitt Avenue and the future of the Jefferson Lodge Motel. He stated
that he shares the interest of Mr. Bestpitch in looking at the Commonwealth of
Virginia Building as a potential location for a main library in the future, the
building is an architectural landmark, it would complement the Noel C. Taylor
Municipal Building and the Courthouse and build on a kind of government
center that clusters municipal service buildings.
Riqht-of-wa¥ Excavation Policy:
The City Manager introduced a briefing on the proposed right-of-way
excavation standard which has been ongoing for approximately 18 months and
came about as a result of a number of statements by Members of Council with
regard to the appearance and condition of City streets, and more specifically
the downtown area. She stated that many times, when a street is paved, within
weeks after the pouring of the new pavement, significant utility cuts are made
by major utility providers and, on occasion, by the City itself. She explained
that the proposed policy is a work in progress, City staff continues to receive
feedback on the proposals, and the process has reached the point where it is
important to receive input from Council to determine if staff is moving in the
right direction since the proposed policy will involve additional expense in the
actual execution of the utility cut itself in terms of the types of materials and
the kind of practices that are used in implementation and/or inspection
requirements by the City. She advised that an ordinance will be submitted to
Council for consideration which will officially implement the proposed changes.
Philip C. Schirmer, City Engineer, advised that the briefing would consist
of two parts; i.e.: a review of past concerns and the proposed new policy. As
background information, he stated that:
Work in a public street requires a street opening permit and under
current policy, City crews are exempted from acquiring permits.
· Permits cost $36.00.
· The City's authority to regulate the work in public streets is set out
in Chapter 30 of the City Code.
768
Approximately 2,000 permits per year are anticipated after the
Western Virginia Water Authority is operational in July 2004, and
currently in the range of 1300 - 1400 permits are issued per year,
with the Water Authority estimated to add between 700 - 800
permits to the current load.
Utility companies affected by the policy include American Electric
Power (AEP), Roanoke Gas Company, Verizon, Cox
Communications, Adelphia, KMC, and any entity with a utility
interest in a public street.
· He presented slides depicting what is underneath City streets, such as old
water mains, sewer lines, AEP ducts, and underground wiring for street lighting
purposes. He referred to a kaleidoscope of markings that currently appear on
City streets and sidewalks which are color coded to indicate what is
underground; i.e.: green on manholes indicate either a storm sewer or a
sanitary sewer, red indicates a power line, orange indicates a
telecommunications line, blue indicates a water line, and yellow indicates the
~resence of a gas tank.
Mr. Schirmer also reviewed slides showing what a utility cut will look like
m three to five years and noted that no matter how good a repair is, once a
street is cut, it is damaged and the life of the pavement is diminished. He
presented examples of good and poor utility cut repairs and advised that
existing problems include, no written policy or standard, the quality of repairs
to the pavement, the timeliness of repairs, the coordination of utility work with
the City of Roanoke's Paving Program and the warranty of repairs. He stated
that the basis for the new policy is an obligation to accommodate public
utilities in the public rights-of-way, a desire to maintain and maximize the life
of the City's street and sidewalk infrastructure, to provide for public safety and
to minimize any inconvenience to the traveling public.
Mr. Schirmer advised that the proposed new standards are the product of
approximately ten months of work. He reviewed the following proposed
standards, including three elements:
769
Proposed Trench Repair Standards:
· Compaction of backfill
· Three alternative materials
· Select material or acceptable local material
· VDOT #212 aggregate
· Flowable fill
· Certification of compaction by technician
· Match pavement to existing thickness
· Rideability tolerance is 1/4" across the width of the patch
· Pavement restoration
· Main areas of concern
Appearance
Rideability
· Restore the pavement as nearly as possible to its original condition
· Requirement for milling and overlay of pavement surface
· Criteria for mill and overlay
· Longitudinal installations - mill and leave a full lane width
· Service laterals
· Lane markings or centerline stripe
· Mill and overlay ten feet either side of the cut of the lane width
· Without lane markings
· Mill and overlay a distance of four feet from the edge of the initial
repair
Coordination with the Annual Street Paving Program:
· Public paving schedules two years in advance
· Utilities can avoid the expense of milling and repaving by
coordinating their work with the City's paving program
· Only initial patches are required on streets scheduled to be
paved within two years
Mr. Schirmer explained that costs are more expensive with the
requirement for milling and overlay of pavement, adding between $.65 and
$3.75 per square foot of pavement; and increased inspection demands will
occur, with three new inspection positions to be requested in fiscal year 2005
to accommodate new inspection requirements. .
770
Council Member Wyatt made the observation that the proposed policy will
not encourage developers to install cable and wires underground, and some
developers have stated that they choose to build in Roanoke County because it
is cost prohibitive to build in Roanoke City.
Mr. Schirmer advised that proactive inspection includes a data base to
track utility cuts by utility, contractor, location and date and to the limit the
number of open permits; a one year warranty will be required on repairs, with
inspections at 11 month intervals, and written follow up of defective repairs
through use of the City's database, and the City will make repairs if the
contractor fails to respond.
He reviewed permit fees, i.e.: the current fee is $36.00, the average cost
is $100.00 for approximately two hours, therefore, it is recommended that the
permit fee be increased to at least $50.00, which appears to be the benchmark
level of permits issued by other Virginia localities. In regard to implementation
of fees, he advised that the new standard will apply to all work in the public
street rights-of-way, the new standard will also apply to City crews as well as
private utilities; and City crews will be required to obtain permits, meet repair
standards and warranty requirements.
The City Attorney addressed legal issues and advised that in the broad
context, public rights-of-way have been the field of battleground, particularly
at the national level, since Congress believes that streets are owned by the
public, therefore, they can regulate the terms under which the streets are used;
Congress has been pressured by the telecommunications industry to enact
broad powers giving cart blanche access to telecommunications companies to
public rights-of-way; localities have fought back because they cannot have
companies at will tearing up public streets; and the General Assembly also
seems to think that streets are public streets, that the General Assembly can
dictate the terms under which the streets are used, rather than local
government which actually owns the streets and is responsible for maintaining
the rights-of-way for public use. Because the City of Roanoke has a
rudimentary street opening ordinance which is approximately 40 years old, in
adopting the proposed policy, he proposed certain amendments to the City
Code; and when adopting standards for utility cut repairs the City will most
likely hear from some of the utility companies that actually use the public
rights-of-way, particularly those that have franchise agreements with the City.
He stated that his legal advice to City engineers has been that the City can
avoid legal issues with most Federal and State laws and franchise agreements, if
any action taken by the Council is applied uniformly and not strictly to private
industries, but to the City of Roanoke as well.
771
Council Member Fitzpatrick referred to the condition of Elm Avenue
between Fourth and Fifth Streets, and the irony is that the citizens of Roanoke
are paying to repair the streets; the City Engineer has offered a comprehensive
review of the problem which indicates that the City should render better
inspections and if the City does its job well, it can have greater expectations of
others. He called attention to the importance of parity and the need to reach
the point where the level of the streets and the quality of the ride is good for
Roanoke's citizens, therefore, he encouraged City staff to continue moving
forward with the proposed excavation policy. He inquired as to the amount of
funds expended by the City on the repair of potholes as a result of poor utility
cuts.
Council Member Cutler expressed support of the proposed utility cut
standards and encouraged City staff to move forward with the new policy as
expeditiously as possible. He referred to the remarks by Mr. Schirmer earlier in
his presentation that 700 additional permits will be issued because of the
Western Virginia Regional Water Authority, and inquired if they will become
Water Authority operations as opposed to City operations. The City Engineer
responded that on July :1, 2004, the Water Authority will have to apply for
permits which will be a new class of utility cuts to be addressed by the City.
Mr. Cutler referred to the different colors of paint markings and
questioned whether there could be a coordination of repaving and utility cuts;
whereupon, the City Engineer advised that utility systems that contractors are
required to follow provide that the markings must remain in place for 90 days.
Mr. Cutler questioned if there are problems with utility cuts across open land
where improper filling and lack of reseeding could create an
erosion/sedimentation problem; whereupon, Mr. Schirmer advised that the
matter will be addressed in the proposed policy to include grassy areas
between the private property line and the pavement, as well as compaction and
restoration standards.
Mr. Bestpitch alluded to a previous discussion with regard to encouraging
more co-location of telecommunication lines, etc., and noted that if the City is
changing to a requirement to repave an entire lane width, this concern may be
eliminated; whereupon, the City Engineer advised that it is hoped that the
incentive to offer a two year review of the City's street paving program will
identify all parties who are interested in disturbing a street who could then be
encouraged to share trenches; and the great influx of telecommunication
companies desiring to lay lines is a thing of the past.
772
Mr. Bestpitch advised that no matter how good the utility cut is, there will
be some diminished life of the pavement; whereupon, he questioned whether
there is a way to build in some type of compensation to the City as a part of the
process; i.e.: depending on the number of years since the street was last
paved, an additional fee could be imposed which would not be intended to
increase revenue, but to encourage affected parties to work within the street
repaying plan, or the two year window. The City Engineer responded that the
idea was reviewed earlier in the study and rejected because many of the
telecommunications providers are currently challenging such a fee in court on
the basis that they currently pay a right-of-way use fee, and from a national
perspective, many communities that have gone toward that type of fee are
currently being challenged by the utility provider, primarily the
telecommunications companies who believe that they are being taxed twice for
the same service. He stated that based on the advice of the City Attorney's
Office, at least for the initial cut, the City should move away from imposing a
fee, and review the matter once again in the future. Mr. 8estpitch suggested a
future review as to whether the fee is providing the necessary revenue, or if
there is a need for adjustment, because if utility providers argue the point in
court, the City should collect a sufficient amount of revenue through that
mechanism to address actual costs.
Mr. Bestpitch referred to previous discussion in regard to ensuring that
the appearance of a street is returned as closely as possible to the way the
street looked prior to commencement of the work, and expressed special
interest in the historic overlay districts that have unique characteristics such as
granite curb stones, brick sidewalks, etc. He asked if contractors will be
required to replace those areas with similar types of materials, in order to
preserve the historical texture of their appearance; whereupon, the City
Engineer advised that whatever was in place originally will be replaced in kind
which includes all rights-of-way, alleys, streets, sidewalk, etc.
Mayor Smith referred to asphalt on sidewalks in many areas of the City;
whereupon, the City Engineer advised that most of the asphalt represents
repairs that are done quickly to eliminate any hazard associated with tripping
and falling; and there has been some progress with the curb, gutter and
sidewalk program, and the $5 million that was approved by Council several
years ago has improved the situation.
773
With regard to the utility cut fee increase from $36.00 to $50.00, the
Mayor raised the following question: if a contractor makes window cuts eight
times in a block, would the contractor pay eight times $50.007 The City
Engineer responded that currently, individual permits are required per window
cut, and on a longitudinal project, it is likely that only one permit would be
required. The Mayor expressed concern with regard to the same fee for one
window cut and a trench that could be as much as a block or more long;
whereupon, the City Engineer advised that under the new policy, a cut or repair
larger than 12 x 12 inches would require a permit. Following discussion, the
Mayor suggested that the fee should be based on square footage; whereupon,
the City Engineer advised that there would be a problem in determining up
front the site of the cut, therefore, one fee appears to work better.
The Mayor requested information on the amount of revenue from rights-
of-way payments made by utility providers, and whether the funds are
earmarked for street maintenance.
The City Manager advised that over the next several years, Council gave
support to the City Administration to build the amount of funding in the
operating budget for technology, for the annual allocation for street paving to
provide for a regular and ongoing schedule, for an improvement to the Capital
Equipment and Replacement Program (CMERP) so that vehicles and other
equipment can be replaced on a more regular basis, and on building the City's
infrastructure which has been seriously neglected in the past. She stated that
each item will grow to the extent possible over the next several years so that on
a recurring basis there will be sufficient funds for normal street paving and
other items, therefore, it is important that the City adhere to a street paving
schedule as it looks at applying the utility cut policy.
Mr. Cutler stated that the Regional Water Authority will provide an
incentive to conserve water in terms of water rates, and questioned if the City
could provide an economic incentive to use the same cut in order to co-locate
utilities; whereupon, the City Engineer advised that the incentive exists, and if
the two utilities share the same utility cut, they will also share the cost of
restoration.
The City Manager advised that in the past, the City has not been as
aggressive in its inspection performance as would be desired; whereupon, she
assured Council that the City administration will be very aggressive in the
inspection of utility cuts and will hold affected parties to their responsibilities.
She added that the issue of non-compliance will also be addressed in the utility
cut policy ordinance that will be submitted to Council for consideration.
774
At 11:30 a.m., the Mayor declared the meeting in recess for a Closed
Session.
At 11:40 a.m., the Council convened in Closed Session in the Council's
Conference Room, fourth floor, 215 Church Avenue, S. W., Noel C. Taylor
Municipal Building.
The Closed Session was declared in recess at 12:30 p.m., for lunch.
At 1:05 p.m., the Council reconvened in Closed Session in the Council's
Conference Room.
At 1:40 p. m., the Council meeting reconvened in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with all Members of the Council in attendance and Mayor
Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
ADVISORY COMMI~-I'EE, LEAGUE OF OLDER AMERICANS: The Mayor
advised that the term of office of Vickie F. Briggs as a member of the Advisory
Committee, League of Older Americans, will expire on February 28, 2004;
whereupon, he opened the floor for nominations.
Mr. Bestpitch placed in nomination the name of Vickie F. Briggs.
775
There being no further nominations, Ms. Briggs was reappointed as a
member of the Advisory Committee, League of Older Americans, for a term
ending February 28, 2005, by the following vote:
FOR MS. BRIGGS: Council Members Dowe, Fitzpatrick, Harris, Wyatt~
Bestpitch, Cutler, and Mayor Smith .................................... 7.
At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in
the Council Chamber.
At 2:00 p.m., on Monday, March 1, 2004, 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., Beverly T. Fitzpatrick, Jr.,
C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, and
Mayor Ralph K. Smith ............................................... 7.
ABSENT: None ................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Scott McLucas,
Pastor, Church of the Holy Spirit Orchard Hills.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor presented Honorary
Citizenship Certificates to students from Kasei University and Kawaguchi Junior
College who are participating in a Virginia Western Community College Cultural
Exchange Program.
776
DECEASED PERSONS: Mr. Bestpitch offered the following resolution
expressing sympathy upon the passing of Lee B. Eddy, former Member of the
Roanoke County Board of Supervisors on February 11, 2004:
(#36630-030104) A RESOLUTION memorializing the late Lee B. Eddy, a
resident of the Roanoke Valley and former member of the Roanoke County
Board of Supervisors.
(For full text of Resolution, see Resolution Book No. 68, Page 338.)
Mr. Bestpitch moved the adoption of Resolution No. 36630-030104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
DECEASED PERSONS: Mr. Dowe offered the following resolution
expressing sympathy upon the passing of Greta Evans, a long time resident of
the City of Roanoke, on February 22, 2004:
(#36631-030104) A RESOLUTION memorializing the late Greta Evans, a
Iongtime resident of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 68, Page 340.)
Mr. Dowe moved the adoption of Resolution No. 36631-030104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Be.stpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a
proclamation declaring Monday, March 1, 2004, as "Star City Spirit
Cheerleaders Day".
777
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately.
MINUTES: Minutes of the regular meetings of Council held on Tuesday,
January 20, 2004; Monday, February 2, 2004, and recessed until Tuesday,
February 10, 2004, 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. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
APPALACHIAN POWER COMPANY-SPECIAL PERMITS-LICENSES: A
communication from the City Manager requesting that Council authorize a
public hearing to be held on Monday, March 15, 2004, at 7:00 p.m., or as soon
thereafter as the matter may be heard in the City Council Chamber, on the
proposed encroachment into public right-of-way of a proposed sign and
awning at 22 Campbell Avenue, S. E., Official Tax No. 4010316, was before the
body.
Mr. Fitzpatrick 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, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
778
APPALACHIAN POWER COMPANY-SPECIAL PERMITS-LICENSES: A
communication from the City Manager requesting that Council authorize a
public hearing to be held on Monday, March 15, 2004, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the encroachment of a proposed sign
into the public right-of-way at 22 Campbell Avenue, S. W., was before the
body.
Mr. Fitzpatrick 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, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PEITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that JAM Theatricals, Ltd. (JAM) has brought many high quality
Broadway type events to the Roanoke Civic Center that were well received by
audiences; JAM wishes to enter into a multi-year Co-promotion Agreement with
the City for the purpose of presenting a subscription series and stand alone
presentations for Broadway type events at the Roanoke Civic Center; and co-
promotion would enable JAM to bring larger and popular events to the facility,
maximize profitability, and minimize any loss for the events.
779
It was further advised that entering into the proposed Agreement with
JAM would enable the City to achieve its goals of promoting quality events and
increasing its revenue base; it would also enable JAM to bid on events far in
advance of each season; JAM would be required to present a minimum of four
events on average in each season under the terms of the Agreement; the
Agreement would be for three years, with a two year option to extend; and the
season would run from September I through May 31 of the following year;
however, two remaining events for the current season would be included in the
Co-promotion Agreement.
It was explained that both parties would share any profits or losses for
any of the events on a 50/50 basis; revenues to be shared include: all ticket
receipts, net subscription handling fees and service charges, net merchandise
sales from productions and corporate sponsorships directly related to
productions booked by the promoter; merchandising would be shared 50/50 by
the promoter and the City; the City would retain 100 per cent facility
surcharges, concessions, catering, and admissions tax; and net profits and net
losses derived from the series would be determined on a show-by-show basis.
It was further explained that each event presented under the terms of the
Agreement would be subject to the Civic Center's standard License Agreement;
the promoter would be responsible for obtaining insurance in accordance with
the terms of the License Agreement for each of the events; the City's potential
liability for losses pursuant to the Agreement is unlimited, however, any loss
under terms of the agreement would be subject to appropriations by Council; in
the event that funds are not appropriated, the City would be relieved of any
further responsibility to the promoter for such loss; and either party may
terminate the Agreement, with or without cause, upon 60 days written notice to
the other party.
The City Manager recommended that she be authorized to execute a Co-
promotion Agreement between the City and JAM Theatricals, Ltd., with all
documents necessary to implement terms of the Agreement to be approved as
to form by the City Attorney; and that the City Manager be further authorized to
take such actions and to execute such documents as may be necessary to
implement and administer the Agreement, including an option to extend the
Agreement.
78O
Mr. Dowe offered the following ordinance:
(#36632-030104) AN ORDINANCE authorizing the proper City officials to
enter into a multi-year Co-promotion agreement with JAM Theatricals, Ltd.
("JAM"), for the purpose of presenting a subscription series and stand-alone
presentations for Broadway type events at the Roanoke Civic Center, upon
certain terms and conditions; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 68, Page 342)
Mr. Dowe moved the adoption of Ordinance No. 36632-030104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that Social Services, through the Foster Care Program,
provides out-of-home placements for children who are in need of protection
and can no longer live at home; for those children who are deemed eligible for
Title IV-E funding, the Federal and State governments will reimburse localities
for the costs of out-of-home placements at 100 per cent of the maintenance,
day care and visitation-related transportation; and Federal and State funding is
also available to assist adoptive families with the cost of maintenance and
special needs for children requiring services outside of the usual living
expenses.
It was further advised that as part of the mid-year review process, the
City of Roanoke received additional funding for Foster Care, Adoption Subsidy,
and Special Needs Adoptions for fiscal year 2004 in the amount of
$645,000.00, which is based on expenses for the first six months of fiscal year
2004; Social Services currently maintains over 600 children who are in Foster
Care, or receive some type of adoption assistance and the cost of providing
services to these children continues to increase; and many of the children have
difficulties which require special needs payments.
781
The City Manager recommended the following:
· Increase the General Fund Revenue estimate by $645,000.00 in
revenue Account No. 001-110-1234-0675 (Foster Care).
· Appropriate funding in the amount of $645,000.00 to the following
accounts:
001-630-5314-3115
001-630-5314-3130
001-630-5314-3155
(ADC Foster Care)
(Special Needs Adoption)
(Subsidized Adoption)
$400,000.00
175,000.00
70,000.00
Mr. Dowe offered the following budget ordinance:
(#36633-030104) AN ORDINANCE to appropriate funding for the Foster
Care Program, amending and reordaining certain sections of the 2003-2004
General Fund Appropriations and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, Page 343.)
Mr. Dowe moved the adoption of Ordinance No. 36633-030104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
communication advising that in 1991, the Virginia General Assembly passed
State legislation allowing local law enforcement to seize and have forfeited
property connected with illegal narcotics distribution; the law also makes it
possible for police departments to receive proceeds from the forfeited
properties; application for an equitable share of the property seized by local
law enforcement must be made to the Department of Criminal Justice Services,
Forfeited Asset Sharing Program, and certified by the Chief of Police; property,
including funds shared with State and local agencies, may be used only for law
enforcement purposes; program requirements mandate that the funds be
placed in an interest bearing account and that the interest earned be used in
accordance with program guidelines; and revenue totaling $42,872.00 has
been collected and is available for appropriation in Grant Fund (Account No.
035-640-3302-3300).
782
It was further advised that in 1986, Congress authorized the transfer of
certain Federally forfeited property to State and local law enforcement agencies
that participated in the investigation and seizure of the property; application for
an equitable share of property seized by local law enforcement must be made
to the U.S. Department of Justice and certified by the City Attorney; the
property, including funds shared with State and local agencies, may be used
only for the purpose stated in the application, i.e., narcotics investigations
related to law enforcement; participation in Federally forfeited property
enhances the effectiveness of narcotics investigations by providing necessary
investigations equipment, investigative funds, and offsets the costs that would
otherwise have to be borne by taxpayers; the Police Department receives funds
periodically from the Federal government's asset sharing program; grant
requirements mandate that the funds be placed in an interest bearing account
and that the interest earned be used in accordance with program guidelines;
and revenue totaling $66,278.00 has been collected and is available for
appropriation in Grant Fund Accounts 035-640-3304-3305 and 035-640-
3304-3306.
The City Manager recommended that Council increase the Grant Fund
revenue estimate for Account No. 035-640-3302-3300 by $42,872.00 and
appropriate $42,872.00 to the Grant Fund - Overtime Wages, Account No. 035-
640-3302-1003; and increase the Grant Fund revenue estimate in Account No.
035-640-3304-3305 by $65,849.00 and Account No. 035-640-3304-3306 by
$429.00 and appropriate $66,278.00 to the Grant Fund - Investigations and
Rewards, Account No. 035-640-3304-2150.
Mr. Dowe offered the following budget ordinance:
(#36634-030104) AN ORDINANCE appropriating funds for the Federal
and State Asset Forfeiture grants, 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, Page 344.)
Mr. Dowe moved the adoption of Ordinance No. 36634-030104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
783
CITY CODE-HOUSING/AUTHORITY: The City Manager submitted a
communication advising that in late 2002, the City of Roanoke's Fair Housing
Board undertook an amendment to existing fair housing regulations and a
revision of the responsibilities of the Fair Housing Board; on July 7, 2003, at a
Council work session, a proposed revised ordinance was presented to Council
for consideration; a decision was made to focus locally on education and to not
duplicate services now offered by the State; the revised ordinance was
presented to the Fair Housing Board on August 5, 2003, and the Fair Housing
Board expressed concerns pertaining to the protected class categories as well
as adjudicatory powers and invited Council Members to attend its meeting to
discuss their concerns; on October 7, 2003, Council Members Bestpitch and
Cutler met with the Board and heard their concerns; Council Member Bestpitch
presented an update from the meeting to Council at its November 3, 2003 work
session, and explained that the ordinance was revised to be in compliance with
Federal and State laws, to remove the adjudicatory powers of the Board, and to
place Board emphasis on education and outreach. Councilman Bestpitch also
advised the Council that the Fair Housing Board felt strongly that the
adjudicatory powers should not be eliminated from the ordinance; Council
agreed to leave in these functions for the time being and the ordinance was
revised to include these powers.
The City Manager recommended that Council adopt an ordinance
amending and reordaining Division I, Generally, and Division 2, Fair Housing
Board, of Article III, Fair Housing Administration, Chapter 16, Human Riqhts, of
the Code of the City of Roanoke (1979), as amended, by amending and adding
certain definitions and sections to effect amendments to the City's fair housing
ordinance in order to be consistent with current Federal and State fair housing
regulations, and revising responsibilities of the Fair Housing Board.
Mr. Bestpitch offered the following ordinance:
(#36635-,030104) AN ORDINANCE amending and reordaining Division 1,
Generally, and Division 2, Fair Housing Board, of Article III, Fair Housinq
Administration, of Chapter 16, Human Riqhts, of the Code of the City of
Roanoke (1979), as amended, by amending and adding certain definitions and
sections to effect amendments to the City's fair housing ordinance in order to
be consistent with current federal and state fair housing regulations, revising
the responsibilities of the Fair Housing Board~ and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 345.)
784
Mr. Bestpitch moved the adoption of Ordinance No. 36635-030104. The
motion was seconded by Mr. Cutler.
Brenda Hale, President, Roanoke Branch NAACP, 3595 Parkwood Drive,
S.W., expressed concern in regard to those revisions pertaining to the
responsibilities of the Secretary to the Fair Housing Board. She stated that such
authority should not rest solely with the position of Secretary, but with the
decision of the full Fair Housing Board. She advised that at issue is the
autonomy of the position of Secretary as related to how the position functioned
in the past, and if discriminatory issues arise, the Fair Housing Board should
evaluate the issue, as opposed to one individual who could be a City employee,
or other appointed person.
Brenda Walker, Chair, Housing Committee, Roanoke Branch NAACP, 3012
Cove Road, N. W., advised that it has been stated to the Fair Housing Board that
only one housing complaint was received by the City approximately 20 years
ago, which would lead persons to think that there is no housing discrimination
in the City of Roanoke, or that persons do not know where to go when they
believe they are the victims of housing discrimination; however, studies have
shown that the former statement is incorrect. She stated that studies and
reports of discrimination received by the Roanoke Branch NAACP and others
substantiate that housing discrimination is still prevalent in the Roanoke Valley~
and housing discrimination has manifested itself because of the inactivity of the
Fair Housing Board in educating the public as to their rights and how to file a
complaint when necessary. She added that another reason for the lack of
housing discrimination complaints is that persons do not know when they are
being discriminated against, and unless there is blatant discrimination,
complaints are rarely filed; the United States Department of Housing and Urban
Development estimates that 80 per cent of those persons who are
discriminated against because of race, color, or national origin do not know
they have been discriminated against, and the lack of documentation of
complaints has also been a major reason for the Iow number of complaints.
She asked, if a person does not know that he or she is a victim of
discrimination, does that relieve the Fair Housing Board, or the City of Roanoke
of its obligation to ensure that all people of Roanoke have the right to live
where they desire. She stated that if the Fair Housing Board has not received a
complaint of discrimination in 20 years, the question is, why. She inquired as
to why the City would want to relieve the Fair Housing Board of these
adjudicatory powers and the fact that the Board has not heard complaints does
not justify precluding the Board from doing so in the future. She added that
the Roanoke Branch of the NAACP believes that the powers and duties of the
Fair Housing Board should be strengthened.
785
Mr. E. Duane Howard, 508B Walnut Avenue, S. W., spoke as a former
member of the City of Roanoke and the City of Alexandria Fair Housing Boards,
and commended the City Manager and City staff on the proposed ordinance
which required a great deal of work and brings the City of Roanoke 10 to 15
years up to date. He stated that the remarks of the previous two speakers are
on target; as a former member of the Fair Housing Boards, he participated in
housing testing programs in both the City of Roanoke and the City of
Alexandria, and he can attest to the fact that not only has he been a victim of
housing discrimination, but housing discrimination does exist and is a serious
issue in the City of Roanoke. He explained that the Housing Code states that a
landlord cannot discriminate against a tenant for having complained, or for
having started a tenant's association, however, to discriminate, the landlord
may ask for the return of their property at the end of the lease, or the landlord
can raise the rent. On behalf of the disadvantaged population, senior citizens,
and the physically and mentally disabled, he implored Council to place the
issue on the City's legislative agenda for consideration by the Virginia General
Assembly. He questioned whether the poor and the disadvantaged should be
forced to move every year because they live in inferior housing which is a
serious problem and will not improve. He stated that the proposed new
ordinance is a step in the right direction, and the City should request the
General Assembly to strengthen any laws that enforce the rights of tenants
against discrimination.
Mr. Charles Harlow, 4375 Stoutamire Drive, S. W., a former City
employee, advised that when he left the City's employment approximately two
years ago, the document presently before the Council was ready to be
submitted to Council; when comparing the previous Fair Housing ordinance to
the present document, not a great many changes have been made, therefore,
he questioned why it has taken two years to bring the ordinance to Council for
consideration. He expressed concern that the public was not notified of the
proposed changes in order to provide input prior to adoption of the measure by
Council.
Ordinance No. 36635-030104 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
786
CITY A'I-I'ORN EY:
VIRGINIA TRANSPORTATION MUSEUM: The City Attorney submitted a
written report advising that the City of Roanoke has been requested to confirm
that the Virginia Museum of Transportation, Inc., has the right to license to
others, for commercial use, the likenesses of the 611 and 1218 steam
locomotives, which are owned by the City but maintained by the Transportation
Museum.
It was further advised that although the 611 was donated to the City
many years ago, no records regarding the donation could be found; the 1218
was donated to the City in 2001 by the Shenandoah-Virginia Corporation,
subject to a provision that the City would not sell, transfer or cancel its rights
to the 1218 for a period often years after the date of donation; whereupon, the
City Attorney advised that a measure has been prepared for consideration by
Council which will accomplish the request of the Virginia Museum of
Transportation.
Mr. Cutler offered the following resolution:
(#36636-030104) A RESOLUTION confirming that the Virginia Museum of
Transportation, Inc., has the right to license to others for commercial use the
likenesses of the 611 and 1218 Class A steam locomotives.
(For full text of Resolution, see Resolution Book No. 68, Page 366.)
Mr. Cutler moved the adoption of Resolution No. 36636-030104. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
EASEMENTS-BRIDGES-HOSPITALS-LICENSES: The City Attorney submitted
a written report advising that on June 16, 2003, Council approved a request of
Carilion Health System for conveyance of certain City-owned property
containing .017 acre, located on Hamilton Terrace, S. E;, along with temporary
construction easements and a revocable license, to allow encroachment into the
right-of-way of Hamilton Terrace, S. E., in connection with construction of a
pedestrian bridge over the Roanoke River.
787
It was further advised that Carillon Health System has requested that
conveyance of the .017 acre on Hamilton Terrace, S. E., and the encroachment
be done in the name of Carillon Medical Center; and in order to comply with the
request, two measures are submitted to Council for consideration which change
the name from Carillon Health Systems to Carillon Medical Center.
Mr. Harris offered the following ordinance:
(#36637-030104) AN ORDINANCE authorizing the City Manager to
execute the necessary documents providing for conveyance of a .017 acre
portion of City-owned property known as the utility lot identified as New Parcel
C of Official Tax No. 4050101, located along Hamilton Terrace, S. E., and
temporary construction easements to Carillon Medical Center ("CMC"), upon
certain terms and conditions; repealing Ordinance No. 36406-061603, adopted
on June 16, 2003, in order to change the name of the grantee; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 367.)
Mr. Harris moved the adoption of Ordinance No. 36637-030:~04. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
Mr. Dowe offered the following ordinance:
(#36638-030104) AN ORDINANCE granting a revocable license to permit
the encroachment of a retaining wall, sidewalk and canopy, with all necessary
appurtenances thereto, encroaching approximately .063 acre into the public
right-of-way of Hamilton Terrace, S. E., upon certain terms and conditions; and
repealing Ordinance No. 36407-061603, in order to provide for a change in the
name of the Licensee; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 369.)
788
Mr. Dowe moved the adoption of Ordinance No. 36638-030104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that on
June 30, 2004, the three-year terms of office of Alvin L. Nash and Ruth C.
Willson as Trustees of the Roanoke City School Board will expire; and pursuant
to Chapter 9, Education, of the Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Trustees, Council
must hold certain meetings and take certain actions during the months of
March, April and May to conform with the selection process; whereupon, the
City Clerk requested the concurrence of Council in establishing the following
dates:
(].) On Monday, March ].5, 2004, at 2:00 p.m., or as soon thereafter
as the matter may be heard, Council as a Committee of the Whole,
will review and consider all candidates for the position of School
Trustee. At such meeting, Council shall review all applications filed
for the position and Council may elect to interview candidates for
such positions.
(2) On Monday, April 5, 2004, at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will, by public vote, select from
the field of candidates, those candidates to be accorded the formal
interview and all other candidates will be eliminated from the
School Trustee selection process. The number of candidates to be
granted the interview shall not exceed three times the number of
positions available on the Roanoke City School Board, should there
be so many candidates.
(3) On Monday, April ].9, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, Council will hold a public hearing to
receive the views of citizens.
789
(4) On Thursday, April 22, 2004, at 4:30 p.m., Council will hold a
meeting for the purpose of conducting a public interview of
candidates for the position of School Trustee.
(5) On Monday, May 3, 2004, at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold an election to fill the
two vacancies, for terms commencing July 1, 2004, and ending
June 30, 2007.
Mr. Bestpitch moved that Council concur in the proposed dates. The
motion was seconded by Mr. Dowe and unanimously adopted.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of January 2004.
There being no questions and without objection by Council, the Mayor
advised that the Financial Report for the month of January 2004 would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY COUNCIL: Mr. Dowe offered the following resolution:
(#36639-030104) A RESOLUTION rescheduling the regular meeting of
City Council scheduled to be held on Monday, May 17, 2004, to Thursday, May
20, 2004, at 2:00 p.m., and 7:00 p.m., and amending Resolution No.
364:~4 070703, which established the meeting schedule for the Fiscal Year
commencing July l, 2003, and terminating June 30, 2004.
(For full text of Resolution, see Resolution Book No. 68, Page 37:~.)
790
Mr. Dowe moved the adoption of Resolution No. 36639-030104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
iNQUIRIES AND/OR .COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
POLICE DEPARTMENT-FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT:
Council Member Wyatt commended Roanoke City Firefighters and Police
Officers who participated in a hockey game at the Roanoke Civic Center on
Sunday, February 29, 2004, "Guns and Hoses", to raise money for the Muscular
Dystrophy Association.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Dowe called
attention to recent publicity regarding the state of affairs in Roanoke's schools,
and expressed a special note of appreciation to all educators who are a part of
the Roanoke City Public School System.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
HOUSING/AUTHORITY-CITY EMPLOYEES: Mr. Robert Gravely, 729 Loudon
Avenue, N. W., called attention to nine vacant houses in northwest Roanoke that
are assessed in the range of $80,000.00 - $90,000.00 which is excessive for
this area of the City, because most people living in a depressed neighborhood
cannot afford to purchase a $40,000.00 house, much less an $80,000.00 to
$90,000.00 home. He advised that the cost of housing should be reduced so
that the average City worker can afford to purchase a house. He stated that
taxpayers' dollars have been used by the City to promote business interests,
rather than to address the needs of Roanoke's poor and disadvantaged citizens
who live on a fixed income in the inner City. He encouraged Council to improve
Roanoke's neighborhoods, to help Roanoke's citizens by creating more jobs,
and to employ City staff who cares about people.
791
BRIDGES: Mr. E. Duane Howard, 508B Walnut Avenue, S. W., addressed a
growing concern by citizens of Roanoke with regard to the First Street Bridge
project. He referred to his Letter to the Editor which appeared in the December
9, 2000, edition of The Roanoke Times stating that, "These projects are making
everyone rich except the citizens who can see the future and what we have
without spending millions to get there. Let's hope through the process of
osmosis that other Council Members will question the timing of this
expenditure and its need." He stated that The Roanoke Times blames
Roanoke's critics for dividing the City, but it is Council and the City
administration that is dividing the City, because Roanoke's critics are bringing
specific issues to light. He advised that the First Street Bridge has a significant
history, there is a growing sentiment that the bridge is an historic landmark,
and the public is not aware of plans to raze the present bridge and construct a
new bridge. He questioned why the First Street Bridge cannot be left in its
present condition to honor the memory of Dr. Martin Luther King, Jr., and to the
glory of what the bridge represents in regard to various aspects of history.
Council Member Wyatt advised that the issue is not one of not wanting to
save the First Street Bridge, but a safety issue inasmuch as a consultant
engaged by the Dr. Martin Luther King, Jr. Memorial Committee has reported
that the bridge is not safe for vehicular or pedestrian use. She stated that to
raze the bridge and to reconstruct the structure in its present state would be
financially astronomical and the technology to rebuild in its present condition
may not exist today. She advised that portions of the First Street Bridge will be
saved for posterity because of its significance to the community and the Dr.
Martin Luther King, Jr. Memorial Committee will provide opportunities for public
input.
Council Member Bestpitch concurred in the remarks of Ms. Wyatt and
advised that the difference between iron and steel may not be easily recognized
by the average person, but iron deteriorates in ways that steel does not, and
the First Street Bridge will fall down of its own accord if something is not done.
He stated that the proposed design of the new bridge will replicate as closely as
possible the existing bridge, and once construction is complete, most persons
will not be able to tell the difference.
792
CITY MANAGER COMMENTS:
HOUSING/AUTHORITY: The City Manager expanded on the remarks of a
previous speaker with regard to the need for fair housing education. She called
attention to a number of announcements/advertisements that speak to the
issue of fair housing, and advised that it is recognized at the State level that
there is a need to educate citizens on the issue of fair housing, and it is hoped
that these kinds of educational efforts will continue, both at the State and local
level, by the Fair Housing Board.
EMERGENCY SERVICES-CLEAN VALLEY COUNCIL-ENVIRONMENTAL
POLICY: The City Manager advised that earlier in the day, Council engaged in a
discussion with regard to litter and the need for the City to become more
aggressive in its litter enforcement. She pointed out that there is an
opportunity for all citizens to become a part of cleaning up City streets and
neighborhoods throughout the Roanoke Valley on Clean Valley Day, which will
be observed on April 3. She encouraged all persons to do their part to clean up
the City of Roanoke and the Roanoke Valley, and that citizens visit the City's
web site which contains information on environmental and emergency
management issues in order to learn more about litter prevention tips.
Council Member Bestpitch advised that the Roanoke Kiwanis Club will
participate in a project to clean up a significant section of Jefferson Street and
Reserve Avenue on Saturday, March 6, 2004, at 9:00 a.m.
The Mayor declared the Council meeting in recess until Friday, March 5,
2004, at 8:30 a.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for the
Council's Financial Planning Session.
The Council meeting reconvened on Friday, March 5, 2004, at 8:30 a.m.,
in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City
of Roanoke, Virginia, for the Council's Financial Planning Session, with Mayor
Ralph K. Smith presiding.
PRESENT: Council Members Alfred T. Dowe, Jr. arrived late), Beverly T.
Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor
Ralph K. Smith ..................................................... 6.
ABSENT: Council Member M. Rupert Cutler ........................ 1.
793
OFFICERS/STAFF PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City
Clerk; Drew A. Harmon, Municipal Auditor; Evelyn D. Powers, Treasurer; George
C. Snead, Jr., Assistant City Manager for Operations; Rolanda B. Russell,
Assistant City Manager for Community Development; Ann H. Shawver, Deputy
Director of Finance; and Sherman M. Stovall, Acting Director, Management and
Budget.
The Mayor relinquished the Chair to Vice-Mayor Harris, Chair, Budget and
Planning Committee.
COUNCIL-BUDGET: The Chairman advised that each Member of Council
was allocated $3,000.00 and the Mayor was allocated $4,000.00 in the fiscal
year 2004 budget to be used for travel reimbursement; the City Clerk provides
monthly updates to the Members of Council on the status of their accounts;
some Members of Council have either exceeded, or are about to exceed, their
budgeted allocations; whereupon, he requested input by the Mayor and
Members of Council on how to address those instances when Council Members
exceed their travel allotment.
It was noted by Council Member Bestpitch, past Chair of the Budget and
Planning Committee, that when the procedure was initially established for fiscal
year 2004, it was intended to begin each fiscal year with an established amount
of funds, with the understanding that at the end of the fiscal year, if unspent
funds remained in individual Council Member accounts, those funds could be
transferred to the account of a Council Member who may need additional funds.
The City Manager advised that additional funds may be transferred from
the City Manager's Contingency Account to the Council's budget, and the
request could be made by the City Clerk on behalf of the Council.
Following discussion, the Chairman summarized that the consensus of
the Council is that if an individual Member of Council needs additional funds
for travel reimbursement, a request will be made through the City Clerk to the
City Manager for transfer of funds from the City Manager's Contingency
Account.
794
In setting the ground rules for the Financial Planning Session, the Chair
requested that: (1) staff not read information on the power point slides; and (2)
that Council Members allow City staff to complete their presentation on each
power point slide before raising questions.
The City Manager advised that the Council's Financial Planning Session
provides the opportunity for staff to share challenges as they prepare a
proposed operating budget for the City of Roanoke for fiscal year 2005, which
proposed budget will be formally presented to the Council in mid April, and an
opportunity for staff to provide a financial forecast for the future. She called
attention to background information which is included in an appendix to the
work book for the Financial Planning Session. She commended the work of
Sherman M. Stovall, Acting Director of Management and Budget.
Mr. Stovall advised that when staff shared the revenue/expenditure
forecast with Council at the first meeting of the Budget and Planning
Committee in November 2003, it was projected that the City's expenditures
would exceed revenue by slightly more than $4 million in fiscal year 2005, and
it was also projected that the gap would grow slightly more than $10 million by
fiscal year 2007. He referred to the Council's Financial Planning Session which
was held last year at which time it was suggested that the City would need to
identify a new revenue source at the time that the second high school project
gets underway; and as the budget development process was begun this year, a
key assumption was that there would be no changes or increases in the City's
current local tax rate.
Ms. Shawver referred to appendix pages at the back of the Financial
Planning Session work book (Pages 20 - 29). She advised that as staff began
the budget process this year, two revenues were identified that would affect
multi year planning for fiscal year 2005, or the outer years, one of which is the
revenue received in the City's General Fund for indirect services provided
through the Water and Sewer Fund, which will begin to change on July 1, 2004,
with creation of the Western Virginia Water Authority. She further advised that
in making plans for creation of the Water Authority, certain cash balances will
be retained by the City which were generated from Water and Sewer funds that
will help to mitigate the revenue impact for the next approximately two years
based on services that have been provided from City General Fund
departments, and beginning in fiscal year 2008 there will be a revenue impact
of the loss of $.5 million and $:L.1 million in fiscal year 2009 to the City's
General Fund which have been incorporated into the City's multi-year plan. She
795
called attention to a change in the State's methodology for jail per diems which
has a $700,000.00 impact for the City beginning in the current year and affects
the outer years as well. With regard to Capital Planning, Phase II, Civic Center
expansion, she stated that the City had planned to issue bonds this past fall for
the Civic Center Phase II project, but at this point, it is hoped to issue bonds in
the fall of 2004. She added that funding of approximately $1,050,000.00 of
annual debt service for the Civic Center facility would be coming from the
stadium/amphitheater project, and approximately $550,000.00 of annual debt
service was to be generated from the stadium/amphitheater facility which
should be kept in mind as the City moves forward with the knowledge of what
may become of the stadium/amphitheater project. She advised that a key point
to be considered is that by the time the City issues bonds for the second high
school project, an additional stream of revenue will have to be identified to
support debt service on the project.
At this point, Council Member Dowe entered the meeting (9:00 a.m.).
The City Manager advised that some payment will occur from the Western
Virginia Water Authority to both Roanoke City and Roanoke County for those
services and activities that were previously suggested that should be managed
by the City and the County, rather than to create totally different activities,
although the total amount is not significant in terms of balancing the budget;
i.e.: payment for technical services to be ~rovided by the City and use of the
County's financial management system.
Ms. Shawver advised that key financial assumptions-multi-year revenue
estimates are:
Fiscal year 2005 real estate estimate developed using January ].,
2004 assessment data; and growth in future years is estimated at
four to five per cent.
Local tax estimates such as personal property and business license
reflect very slight growth; as due dates on the taxes arise, staff will
re-evaluate fiscal year 2005 projections; and the annual growth of
two to three per cent is projected in development of future years'
estimates.
Other local tax estimates are based on recent trends; prepared
food tax and transient room tax indicate promising growth trends
of approximately five per cent in the current year.
796
· Permits and fees increase in fiscal year 2005 based on current year
growth.
Revenues from the Commonwealth of Virginia in fiscal year 2005
are based on current information from the State; no growth is
anticipated in future years; current projections include growth in
HB599 of $426,000.00; and State estimates will be closely
monitored in the upcoming weeks.
An annual review of charges for services enables adjustments to be
made where appropriate; and an average growth of two per cent is
assumed.
Ms. Shawver advised that included in the appendix is the actual numerical
data for fiscal years 2005 - 2008. She stated that growth of approximately two
per cent occurs in most of the years, and for 2005, growth is about three and
one-half per cent and two to two and one-half per cent in the outer years.
Mr. Stovall spoke to the expenditure side of fiscal year 2005 budget
development, and reviewed the following priority funding needs for fiscal year
2005:
Continued sharing of local tax revenues with the Roanoke City
Public Schools based on the current formula of 36.42 per cent of
local taxes.
· Increased contribution rate for the Employees Retirement System
(7.59 per cent to 9.56 per cent - $ 1 million.
· Increased contribution rate for Sheriff/Jail employees in the Virginia
Retirement System (11 per cent to 16.46 per cent) - $421,000.00.
· Increased cost of employee health insurance - $392,000.00
subsequent annual increases.
· Increased local operating expense for new Health and Human
Services Building - $252,000.00.
· Increased operating expense for the Regional SPCA - $158,000.00.
· Continue progress in providing competitive employee
compensation.
797
There was discussion in regard to the duties and responsibilities of the
City's Billings and Collections Department, which include management of the
City's accounts receivable, lease fees, inspection fees, building fees, and
administration of local taxes, such as admissions tax, transient room
occupancy tax, and franchise tax, etc. The Director of Finance advised that 13
staff persons oversee the billings and collections function for water and sewer
collection and ten staff persons administer all other functions performed by the
department.
Upon question, the City Manager advised that last year, the City Treasurer
requested and the Council authorized, a locally funded position to assist in the
collection of delinquent taxes prior to officially transferring a delinquent
account to the Billings and Collections Department, the goal of which was to
reduce the volume of delinquencies that were transferred to the Department of
Billings and Collections.
Council Member Wyatt expressed concern that there may be a duplication
of services between the City Treasurer's Office and the Billings and Collections
Department, and asked that the matter be reviewed to determine if any cost
savings would occur due to consolidation of certain services.
Mr. Stovall addressed employee compensation which is approximately 40
per cent of the total City budget, or approximately $64 million, and the benefits
component which includes the retirement plan, ICMA, health insurance, and life
insurance totaling approximately $17 million. He advised that the total cost is
$10.7 million (City share - $6.5 million, employee share - $1.5 million, and
Health Insurance Reserve - $2.7 million); the City's share/contribution is based
on approximately 85 per cent of the cost for a single subscriber (employee only
coverage); and plan design and coverage is similar to other local governments
in the Roanoke Valley.
He called attention to a request by some City employees that the City
consider increasing its level of funding for family health insurance coverage.
He stated that the request will present a challenge and will be reviewed over the
next several months.
798
The City Manager advised that it would be helpful to receive input from
Council in regard to the City's current practice of funding for employee health
care. She stated that currently, the role of the City is to ensure that employee
health care is covered to the maximum extent possible, and the City has not
moved toward covering a greater proportion of participation in family coverage,
or other coverage that are available through the City's health plan. She
explained that the majority of City employees are registered under the single
employee category due to their personal preference or because that is the
coverage they can afford; and as City staff reviewed the benefits structure
between Roanoke City and Roanoke County in regard to creation of the Western
Virginia Water Authority, it was discovered that the City of Roanoke has a
competitive health care package and provides numerous benefits for City
employees that are not provided for County employees.
She advised that the bond rating agencies that visited the City in
November, 2003 were impressed that the City's increased health insurance
rates have remained in the single digits because they have observed double
digit increases across the country, sometimes as high as 2.5 per cent in a single
year, and bond rating agency representatives requested that the City provide
background information on how it has managed health care costs. She stated
that a significant element that has helped the City to hold down health care
costs has been implementation of the Occupational Health Program, which has
recently been supplemented to include a full time nurse practitioner, in addition
to a part-time physician.
The Mayor advised that it .may be appropriate to request input from City
employees as to whether they would prefer to compromise in one area to gain a
benefit in another area. He inquired if there has been a comparison of the
City's cost of employee compensation with cities of comparable size to
Roanoke.
The City Manager responded that the City engages in an annual survey of
salaries for the majority of job classifications within the organization, which
would indicate that the City of Roanoke is falling behind in regard to employee
compensation.
The Mayor clarified that he was referring to a comparison with other
comparable size cities in terms of the percentage of the overall fiscal year
budget which is applied to employee compensation; whereupon, Mr. Stovall
advised that the information would be forthcoming within one week.
799
The Mayor also requested a comparison of retirement/jail costs and the
cost of operating the Sheriff's Department, as compared to comparable size
cities in the State of Virginia within one week.
Council Member Fitzpatrick advised that in looking to the future, it will be
important to share the load with regard to employee benefits, particularly
health care; therefore, the City should, as much as possible, continue to
provide employee coverage and allow the employee to address family coverage.
Council Member Wyatt expressed concern that the wages of many City
employees are at the bottom tier of employment and they cannot afford health
care insurance for their family. She inquired as to how many families of City
employees receive health care through the Social Services Department, or the
Health Department, and how many City employees are absent from work due to
sick children which equals hidden costs to the City. She stated that the City
might be better off by supplementing the family health care plan in some way.
Ms. Wyatt advised that Anthem Blue Cross/Blue Shield offers a health care
plan for the employee, plus a minor child, and the Roanoke City Public School
system offers a level of coverage that includes the employee and spouse, which
is less expensive than the family plan for those subscribers who do not have
children, or for those who are beyond the child bearing years. In those
instances where the City employee is enrolled in the single employee health
care plan and their spouse is covered by another insurance plan, she inquired if
the City employee's contribution to the single employee health care plan could
be applied toward the family plan of the spouse that is covered by another plan,
which would not affect the dollar amount paid by the City. She stated that
another concern of City employees is the high cost of prescription medicine and
asked that City staff review methods to curtail prescription costs.
In the interest of time, the City Manager advised that she would prepare a
written response to the Council in regard to the ideas that were referenced by
Ms. Wyatt inasmuch as City staff has previously reviewed some of the
suggestions.
Council Member Dowe spoke to the importance of taking care of existing
employees, but also of importance is the attraction of the employment package
in terms of recruiting new employees. He inquired as to whether potent a job
applicants have provided any inpUt with regard to fringe benefits offered by the
City.
8OO
The City Manager responded that at the mid management and
department head level, the City's total employment package has not been
evaluated as being deficient, and the biggest challenge for mid management
and above is the actual salary; and some time ago Council approved portability
within Virginia which has helped to attract persons who are already vested in
another private retirement system, or VRS, which enables them to move their
benefits without difficulty. She advised that everyone is concerned about the
rising cost of health care which affects people with less income more than
those persons at the middle or above income level; the City has a very
competitive health insurance package when compared to other jurisdictions;
and the cost of health care on an annual basis is out stripping any kind of
annual compensation increase and has long since surpassed inflation on an
annual basis.
Council Member Bestpitch advised that all City employees are offered
$275.00 per month to be used toward health insurance; however, employees in
the lower tiers are experiencing a greater impact than those employees at the
higher level. He inquired if the Council would be willing to consider a kind of
graduated system to provide that at some point an employee below a certain
level in the salary scale would receive greater than $275.00 per month.
The Mayor encouraged the City to be as flexible in the variation of its
health care plan as possible, and for future years, he spoke to the merits of
mirroring the action taken by the private sector for its employees. He
expressed concern with regard to paying an entry level City employee a higher
amount of dollars for health care insurance coverage than other City
employees.
Vice-Mayor Harris advised that when City employees are treated
differently, problems are created and an edge of competitiveness exists; and
the fact .that the City offers an occupational health care program demonstrates
that the City is trying to provide an opportunity for employees to mitigate
health costs.
Mr. Stovall advised that the total cost of the pension plan is $4.9 million
($4.1 million - City retirement and $.8 million State retirement); and the City's
pension plan is competitive when compared to other jurisdictions and the State.
801
Mr. Bestpitch expressed concern with regard to recent news that
responsibility for the State Retirement System could fall to the localities for
funding, therefore, the issue should be considered in future budget projections.
The City Manager advised that currently and for a number of years the
City has funded the school system by sharing in local revenue growth at a
specific percentage and if, in fact, the State does not meet its fair share, it will
be necessary for the City to review the funding formula. She stated that the
school system advises that fiscal year 2005 will most likely be one of the best
years for the schools in terms of State revenue growth, and during the past
several years the City has made the lion's share of the net increase available to
the schools.
Ms. Wyatt advised that for some time retired teachers have worked to
obtain a State stipend of $75.00 to be used toward the cost of health insurance,
provided that the locality will fund an additional $30.00, which amounts to
approximately $213,000.00 from the City of Roanoke. She inquired as to the
feasibility of the City funding one half of the cost and the schools funding the
other one half, and advised that she has requested that the item be included on
the April 5, 2004, joint meeting of Council and the Roanoke City School Board.
The City Manager advised that Council has discussed the request of
retired teachers in the past and Council has indicated a level of support, but
Council has also indicated that. the request should be made by the School Board
inasmuch as the Council cannot dictate to the School Board how to spend its
annual allocation of funds. She added that the School Board has not indicated a
desire, or made a request for additional funding from the City, which would
place Council in a position to respond, and in discussing the issue with a
representative of the retired teachers group, she advised that the Council needs
to hear from the School Board before attempting to address the matter.
Following discussion, it was the consensus of Council that the item would
be included on the April 4, 2004, joint meeting of Council and the Roanoke City
School Board.
At this point, Vice-Mayor Harris left the meeting and the Mayor presided
(10:05 a.m.).
802
Mr. Stovall advised that other priority funding needs for fiscal year 2005
to 2007 are:
Council's priority to budget recurring funding in the operating
budget for equipment replacement, building maintenance, paving
and technology needs.
Equipment Replacement:
Funding goal - $2.5 million by fiscal year 2007
$150,000.00 increase in fiscal year 2005 to $1,650,000.00
Supplemented with anticipated revenue from sale of surplus
vehicles using E-surplus
Capital Maintenance of Buildings:
Funding goal - $750,000.00 by fiscal year 2007
$100,000.00 increase in fiscal year 2005 to $550,000.00
Paving program:
Funding goal - $2.5 million by fiscal year 2007
$323,969.00 increase in fiscal year 2005 to $2,398,952.00
Technology - Financial Systems Replacement Project:
Funding goal - $1.0 million by fiscal year 2007
$165,000.00 increase in fiscal year 2005 to $676,247.00
The City Manager advised that the above referenced targets are the result
of the Council's direction to reduce reliance on CMERP at the end of the year
funding, and to place the necessary items in the ongoing budget so as to
address issues in a planned way and not be dependent upon using year end
funds leading to performance of better service. She stated that there will
continue to be some CMERP for the one time, non recurring items such as the
Grandin Theater, Dumas Center, etc., but the goal is to discontinue the use of
CMERP funds for those items that should be a part of the regular operating
budget.
803
Mr. Stovall reviewed the use of revenue growth over the past three years:
· Local share of funding for the schools - $5 million
· Employee compensation and benefits - $6 million
· Additional debt capacity for capital projects - $1.7 million
· Technology, capital maintenance of buildings, fleet replacement -
$2 million
· Tipping fees for Solid Waste Management program - $200,000.00
· Weed and trash abatement - $115,000.00
· Code enforcement- $138,000.00
· Social Service programs - $500,000.00 (reimbursed by the State)
· Youth programs - $150,000.00
· Community Service Agencies - $300,000.00
· Tourism marketing (Roanoke Valley Convention and Visitors
Bureau) $288,000.00
The City Manager advised that it is important to point out that employee
compensation of $6 million and the sharing of local funding with the schools at
$5 million have been the City's largest areas for increase over the past several
years, all of which demonstrate that Council is placing City funds in the highest
priorities.
Mr. Stovall reviewed the amount of funding provided to human and
cultural service agencies in the fiscal year 2004 budget:
· Center in the Square $200,000.00
· Roanoke Arts Commission (Cultural Services) $322,482.00*
· Human Services Committee $540,149.00'
· Blue Ridge Behavioral Health $417,617.00'
· Virginia Cooperative Extension $ 68,989.00*
· Total Action Against Poverty $224,742.00'
Total - $1,773,979.00
*In past years, the allocation has increased based on the percentage
increase of the General Fund budget.
804
Mr. Stovall advised that over the last four years, as City departments have
experienced budget reductions, human and cultural service agencies have been
held harmless, and funds allocated to the Roanoke Arts Commission, Human
Services Committee, Blue Ridge Behavioral Health Care, Virginia Cooperative
Extension and Total Action Against Poverty have increased based on the
percentage of growth of the City's General Fund budget.
The City Manager advised that the question is: as operating budgets and
other activities of various City departments are being reduced to fund City
activities, should certain outside organizations also be asked to bear some of
the impact. She stated that the opposite has been happening inasmuch as the
budgets of outside organizations have been growing at the rate that the overall
operating budget has increased, as opposed to submitting the impact of a five
per cent budget reduction. She requested input from Council as to whether the
practice as it relates to outside organizations should be modified.
The City Manager was asked to provide a recommendation; whereupon,
she proposed that individual requests of organizations be reviewed and that
such organizations be required to justify their current allocation of funds as to
effectiveness and demand for service, etc., rather than automatically increasing
a request for funds, with the exception of the Roanoke Arts Commission and
the Human Services Committee, both of which are charged with the
responsibility of evaluating and submitting recommendations on applications
for funding.
Question was raised as to whether the City has a statutory obligation to
fund Blue Ridge Behavioral Health Care; whereupon, the City Manager advised
that she was not aware of a minimum amount of required funding, but she
would confer with the appropriate officials and advise Council accordingly.
Question was raised as to why the City administration has instructed City
departments that are currently operating at a minimal level to review the impact
of another five per cent reduction in their budgets when the overall General
Fund budget is growing by only three and one-half per cent.
The City Manager responded that the City does not have a true three and
one-half per cent revenue growth; 36.42 per cent of all local revenue growth is
immediately taken off the top and passed over to the schools; when adding the
City's costs to do business, it will involve more than the amount that is
generated by the three and one-half per cent to meet all expenses, therefore,
in order to meet expenses and to provide for various elements that have been
requested, it is necessary to reduce expenses in one area in order to make up
for increased costs in another area.
8O5
Mr. Stovall added that based on the funding formula for the schools, the
schools would receive approximately $2.3 million of the $7.2 million in revenue
growth, $1 million of anticipated revenue increase is associated with social
service programs and additional revenues from the Commonwealth of Virginia,
therefore, the discretionary revenue increase available to the City would total
approximately $3.7 million.
Mr. Bestpitch made the observation that the City should look at real
growth in the City's local revenues and provide for increases based on that
percentage.
The City Manager advised that when the State provided its fair share of
funding, it was easier for the City to pass on these same kinds of percentages,
but over the last four years, the State has rapidly withdrawn its support, but at
the same time, the City has tried to maintain fairly progressive policies relative
to outside agencies and organizations. She stated that the question is: can the
City afford, not just financially, but philosophically and otherwise, to grow
some budgets at the sacrifice to others within the City organization.
Mr. Bestpitch requested that Council be provided with additional
calculations during fiscal year 2005 budget study as to the City's true growth
percentage that should be passed on to outside agencies and organizations.
Mr. Stovall reported that true growth revenue would be somewhere
between one and two per cent.
The City Manager advised that staff is required by law to provide Council
with a balanced budget; the initial budget is the City Manager's
recommendation which includes a series of proposals; each year Council has
the opportunity to review the proposals and make changes, but if Council
believes that the City's financial situation is such that it should not continue a
policy in the proposed 2005 fiscal year budget to grow the budgets of
community service agencies automatically by the percentage of the increase of
the overall budget, City staff would prefer to have that direction from Council at
this time so that the direction of Council can be incorporated into the overall
fiscal year 2005 budget proposal. She added that the procedure would allow
Council an opportunity, through the public hearing process, to make a different
decision if an agency provides sufficient justification for additional funds. She
stated that it is important for Council to understand the foundation on which
some of the funding elements are built, because fiscal year 2005 will be a
challenging budget, with a number of unknown issues that will need to be
addressed.
806
There was discussion in regard to the percentage of reductions that City
departments have been instructed to absorb over the past four years;
whereupon, Mr. Stovall advised that in the aggregate, City departments have
taken reductions of approximately 11.5 per cent and at the time that the
balanced budget was submitted to Council, funding was restored for certain
programs that were initially reduced.
The City Manager responded that reduction percentages correspond
closely to the kinds of impact that the City has experienced in State reductions.
Mr. Stovall was asked to provide the actual percentage of discretionary
funds; whereupon, he reported that the actual amount is 1.8 per cent.
The Mayor inquired if the City Manager had sufficient guidance from the
Council; whereupon, she summarized that her interpretation of the discussion
by Council is that City staff is not expected to adhere to the current practice of
holding human and cultural service agencies harmless, City staff may use its
discretion in submitting recommendations to the Council that are appropriate,
while allowing the Council full discretion in addressing the recommended
budget and to request that staff make adjustments as necessary.
Mr. Stovall reviewed the following capital projects that require funding via
issuance of bonds or cash funding:
· Art Museum/IMAX Theater
· Police Building, Phase II
· Fire-EMS facilities
· Riverside Centre for Research and Technology
· Patrick Henry High School Improvements
· William Fleming High School Improvements
· Multi-Purpose Recreation Center
· Roanoke River Flood Reduction
· Civic Center Improvements Phase II
· Downtown West Parking Garages
Question was raised as to the status of funding for the Art Museum/IMAX
Theater project; whereupon, Mr. Stovall stated that the Executive Director
advises that the plan is to abide by the existing schedule which provides that
construction will begin in fiscal year 2005, however, he did not receive specific
information with regard to the status of fund raising.
807
The City Manager advised that she would discuss the matter with the
Executive Director of the Art Museum because if the construction schedule
takes place in the latter part of 2005, funding would fall into a subsequent
fiscal year. She stated that the City should honor its commitment, but when to
sell bonds is predicated on when construction begins, therefore, if the Art
Museum were to complete its fund raising, Council could accelerate its
commitment by taking an official action. Until she confers with the Executive
Director of the Art Museum, the City Manager advised that the Art
Museum/IMAX Theater project should remain on the capital projects list.
Mr. Stovall reviewed the following current approved capital projects that
require funding via issuance of bonds or cash funding:
· Public Works Service Center
· Municipal North Renovation
· Grandin Theater
· Dumas Center
· Roanoke River Greenway
· YMCA
He advised that funding of the Public Works Service Center and
renovations for Municipal North are anticipated to be funded from excess debt
capacity in fiscal year 2005; the City has a contractual obligation to contribute
to the Grandin Theater and the Dumas Center which will be funded from
CMERP; the City has a commitment of $2 million for the Roanoke River
Greenway and the YMCA over ten years and both items will be funded from
capital fund interest earnings.
An observation was made that approximately $200,000.00 is included in
T-2! enhancement funds to the Roanoke River Greenway project which is
pending, in order to "piggyback" the flood reduction project and Federal
funding; whereupon, Mr. Stovall advised that he would check on the status of
funds with the Executive Director of the Roanoke Valley Greenway Commission.
Upon question by the Mayor, the City Manager responded that the
$200,O00.00 per year for ten years was intended for strictly greenway
development, and the funds were included in the budget three to four years
ago in an effort to demonstrate the City's ongoing commitment to greenways.
She stated that there is another greenway allocation of approximately
$5 million for the Roanoke River that has to do with the actual Roanoke River
Flood Reduction project and the direct efforts of Congressman Bob Goodlatte
for inclusion of the greenway, however, the funds were included in a budget
that will not go forward this year because Congress has decided that the
Roanoke River Flood Reduction program will not advance durinq this calendar
year. Therefore, she stated that the City can successfully move tl~at $5 million
8O8
out for several years. She advised that the funds should be generic money for
any and all greenway development and it may be necessary to request that
Council take official action to revise certain documents so as to ensure that the
funds are not specific to any one specific river.
Mr. Stovall reviewed the following potential new capital projects:
· Dumas Center/Harrison Museum - $400,000.00
· Streetscapes and Traffic Calming - $250,000.00
(Per Year) Beginning in fiscal year 2006 - fiscal year 2011
· Library facility
Planning study to be conducted
· Courthouse Renovation
He advised that if Council wishes to move forward with projects that are
currently approved, it is suggested that bond issues be staged in the following
manner:
Fiscal year 2004-05 - $58,201,000.00
Art Museum/IMAX Theater - $3,700,000.00
Project is anticipated to move forward as planned (may be pushed
out a few more years)
· Police Building Phase II - $6,670,000.00
· Fire-EMS Facilities - $4,431,000.00
Debt service funded from EMS fees
Riverside Centre for Research and Technology - $5,400,000.00
Initially planned for fiscal year 2006-07 (moved forward as a result
of possible acquisition of the Mennell property)
Patrick Henry High School Improvements - $38,000,000.00
Revised cost estimate of $46.7 million
School Board will meet with Council on March 15
Plan to begin the project in June 2004 as scheduled
Extend time line for completion to three years
$09
Mr. Stovall advised that planned Enterprise Fund bond issues include:
· Fiscal year 2004-05 - $18,010,000.00
Civic Center Improvements Phase II - $14,410,000.00
Initially planned for fiscal year 2003-04
Debt service partially funded ($553,000.00) from admissions tax
revenue, facility surcharge revenue, and increased net revenues
from additional events held at the stadium/amphitheater
Downtown West (Campbell and Salem) Parking Garage
$3,600,000.00
Initially planned for fiscal year 2005-06
Funded from parking fees
A statement was made that in essence approximately $500,000.00 has
been given up in revenue that was anticipated from the stadium/amphitheater
project to service the debt for Civic Center Phase II improvements; therefore,
how will the $500,000.00 be raised since the stadium/amphitheater project is
on hold until the new Council takes office on July 1,2004.
The Director of Finance advised that the Civic Center Phase II project was
predicated on the development of a stadium/amphitheater, or operational part
of the new stadium/amphitheater; however, with the stadium/amphitheater
project currently on hold, funding sources will need to be identified if the
decision is made to proceed with the Civic Center Phase II project, or the Civic
Center project will be placed on hold until a decision is made on the
stadium/amphitheater issue.
The City Manager called attention to a third alternative which is to modify
improvements to a level commensurate with available funding for Civic Center
Phase II improvements. She stated that the past practice of the City with regard
to the Civic Center has been to provide an annual subsidy to the facility that has
remained fixed for a significant number of years, with the understanding that
the Civic Center will fund all of its expenses and any minor or major capital
improvements from the funds. She added that it will be necessary to look at
planned improvements, estimated cost and, current revenues for the Civic
Center to determine what can be afforded within the current policy. She advised
that the decision of Council to hold in abeyance the stadium/amphitheater
project is relatively recent and City staff has not had an opportunity to engage
in a total evaluation, and City staff would not submit a project to Council that
does not have adequate revenues to support debt service.
810
Council Member Bestpitch made the observation that Council cannot
ignore the fact that it voted to give up $500,000.00 in revenue, therefore, some
other funding source will have to be identified if the Civic Center project is to
continue to the point where the City will recognize additional revenues in the
future. He stated that a good business plan does not include scaling back on
the project and constructing only what the City can afford, and thereby giving
up the opportunity to generate additional revenues in the future.
Council Member Fitzpatrick advised that if the City does not currently
have the resources to complete Phase II of Civic Center Improvements, he
would prefer to wait and do the project right, rather than a scaled down version
at this time. He stated that the project represents an economic investment for
ttze taxpayers of the City of Roanoke that will provide a rate of return on their
money.
Council Member Wyatt advised that to delay Phase II Civic Center
Improvements is self defeating; and if the City cannot afford Phase II in its
entirety, staff should review funding to complete at least one of the Exhibit
Halls and the kitchen area in order to begin to generate sufficient revenue to
address some of the other needs. She stated that completion of one of the
Exhibit Halls will free up days in the Coliseum for concerts and sporting events.
The City Manager advised that her personal belief is that the City should
proceed with improvements to the facility for a number of reasons; the City
should move away from the practice of fixing a subsidy for the Civic Center and
challenge the Civic Center to come up with a recommendation on how much it
can afford and then look to the City's General Fund to assist in making up the
necessary difference so that the entire project can move forward inasmuch as it
has significant revenue implications for the City of Roanoke. She called
attention to long standing activities and events that have been held at the Civic
Center in past years, and representatives of those events have stated that they
will not come back to Roanoke if significant improvements are not made to the
Civic Center. She added that currently, significant events are turned away
because the Civic Center does not have sufficient room for the activity which is
sometimes required to spill over into the Exhibit Hall or the Coliseum. She
advised that the Civic Center has significant revenue generating potential, and
the City's initial estimates were conservative in terms of revenue, both for the
Civic Center and the stadium/amphitheater. She requested the opportunity to
further review the project and to submit a recommendation to Council that
could involve the City providing approximately a $200,000.00 subsidy.
811
The Mayor expressed concern over the inference that because the
stadium/amphitheater project is on hold, there will not be sufficient revenue
for Civic Center Phase II improvements. He stated that the $18 million that was
identified for the stadium/amphitheater project has not been spent and is
currently generating interest earnings on the bond money.
The Director of Finance advised that the bonds that were issued have an
interest rate of approximately four and one half per cent and the City is earning
approximately two per cent or less on unspent bond funds.
The Mayor advised that when remarks are made that Victory Stadium has
never been profitable, it should also be noted that no one has ever projected
that the Civic Center and the new stadium/amphitheater on their own would be
profitable. He stated that no one who has advocated the renovation of Victory
Stadium has said that the facility will be profitable.
The City Manager explained that as the Civic Center project was
prepared, City staff presented a plan for financing of the debt of approximately
$15 million for Civic Center expansion, and, because of the way the City
finances the Civic Center, the recommendation showed numbers both for
increased revenues at the Civic Center itself through expansion improvements,
as well as the facility surcharge and the admissions tax. She added that there is
a differential on the admissions tax for the Civic Center facility to help fund
improvements and there was an expectation of revenues from the
stadium/amphitheater project, primarily based upon the amphitheater
component of the facility, which revenues were applied to financing the debt
service. She pointed out that a portion of debt service revenues that were to
come from the stadium/amphitheater are not currently available based upon
the Council's policy to hold the project in abeyance, therefore, it will be
necessary to make adjustments and staff is requesting direction from Council
on how the adjustments should be made. She reiterated that there are multiple
ways to address the issue; i.e.: (1) to place the project on hold, (2) to reduce the
size of the project, or (3) to give City staff direction to look for a combination of
facility revenues, such as Civic Center revenues, admissions tax revenues and
General Fund revenues in order for Civic Center Phase II Improvements to
continue at the described level.
812
Mr. Fitzpatrick suggested that the City Manager consider the Private Build
option. He stated that there is a significant difference between the Victory
Stadium situation and revenue for the Civic Center; and the Civic Center does
not lose money, but creates a revenue stream as a result of those people who
visit the facility, spend the night in the City, eat in the City's restaurants, and
shop in the City's stores. He advised that it is the charge of Council to create
investments that provide returns for the City and maintain the City's tax base,
and if Civic Center improvements do not proceed, the City will experience a
significant loss of potential revenue.
Mr. Bestpitch advised that based on prior information provided by the
City Manager to Council, the projections on operating profitability of the
stadium/amphitheater project were very conservative showing the minimum
number of events that would be required at the stadium/amphitheater on an
annual basis for the facility to operate in the black; i.e.: projections provided to
Council included five events per year, however, the real number is most likely in
the range of five to ten events annually. He added that if the City hosts a larger
number of events each year, the City is not only giving up $550,000.00, but the
added revenue from any additional events that most likely would have come to
the facility. He advised that to pretend that no budgetary implications will
occur and that citizens will be saving money by not making this investment in
the future is not substantiated by the information that was previously presented
to the Council, in writing, by the City Manager.
The Mayor advised that the consensus of Council is that the City Manager
be directed to proceed with Civic Center Phase II Improvements, with a follow
up report to the Council.
Mr. Stovall advised that General Fund supported planned bond issues
include:
· Fiscal year 2007-08 - $56,000,000.00
Multipurpose Recreation Center - $7,000,000.00
Initially planned for fiscal year 2004-05
Roanoke River Flood Reduction - $5,000,000.00
Initially planned for fiscal year 2006-07
813
Fire-EMS Facilities - $4,000,000.00
Initially planned for fiscal year 2006-07
Debt service funded from EMS fees
William Fleming High School Improvement - $40,000,000.00
Initially planned for fiscal year 2006-07.
With regard to William Fleming High School improvements, Ms. Wyatt
advised that the cost was initially $38 million, and inquired at what point did
the construction project increase to $40 million.
The City Manager responded that at the time the schools updated the
$35 million to $38 million for construction of Patrick Henry High School, a
decision was made to add an additional $3 million for the William Fleming
project, thus bringing the project to $40 million, the idea being that
construction costs for William Fleming High School will be more several years
out.
Council Member Wyatt expressed concern about the process which did
not allow for input by Council, yet the City is expected to fund its share of total
costs. She stated that schools should be provided that are equipped to take
Roanoke's students into the future, but it may not be necessary to include the
kinds of amenities that are proposed by the school system, especially given the
fact that construction costs continue to multiply.
The City Manager advised that while the discussion at the joint meeting
of Council and the School Board on Monday, March IS, 2004, is intended to
address improvements to Patrick Henry High School, it would also provide an
opportunity for Council to discuss the William Fleming High School project.
Ms. Wyatt advised that originally Council committed to fund one-half of
the cost of high school improvements; however, it appears that Council has no
control over what its one-half will be, therefore, it may be necessary to advise
the School Board that Council will contribute a certain number of dollars and
anything over a specific dollar amount should be funded by the school system.
The Mayor proposed that Council honor its word insofar as what the City
committed to fund when the cost of construction was $35 million and the City
committed to fund one-half of the cost.
814
The City Manager advised that the City has yet to identify a funding
source for construction of William Fleming High School and several options are
available, such as an increase in an existing fee, imposition of a new fee, a tax
rate increase, etc.
At this point, Chairman Harris returned to the meeting and presided over
the remainder of the session.
Mr. Stovall advised that planned Enterprise Fund bond issues include:
· Fiscal year 2007-08 - $3,600,000.00
Downtown West (Jefferson Center Area) Parking Garage
$3,600,000.00
Initially planned for fiscal year 2005-06
Funded from parking fees
Future
Storm Water Management Program - $11,000,000.00
Funded from a proposed user fee
The City Manager advised that some of the numbers are preliminary and
the City should do a better job of planning projects so that when the project is
closer to the actual construction phase, a more accurate number is available
with regard to total construction cost. She called attention to the need to split
projections to provide for the planning phase before Council actually commits
to a specific amount of money for construction, which also provides an
opportunity to modify plans prior to construction, if necessary.
Ms. Shawver reviewed outstanding debt as of March 1, 2004:
City General Obligation Bonds
$111,729,375.00
Enterprise Fund Debt:
General Obligation Bonds:
Water Fund
Water Pollution Control Fund
Civic Center Fund
Parking Fund
Virginia Resource Authority Loan
Water Pollution Control Fund
Total Enterprise Fund Debt
20,565,000.00
15,080,000.00
2,045,000.00
6,846,945.00
17,511,051.00
61,687,996.00
815
Capital Expenses
School General Obligation Bonds
Qualified Zone Academy Bonds (QZAB)
Virginia Public School Authority (VPSA)
Bonds
Literary Fund Loans
Total Schools
Section 108 Loan
Total Debt as of March 1,2004
2,013,737.00
24,843,610.00
1,564,252.00
34,047,080.00
5,974,000.00
66,428,942.00
3,825,000.00
245,685,050.00
Less: Enterprise Fund Debt
Less: Section 108 Loan
Outstanding Tax Supported Debt
(61,687,996.00)
(3,825,000.00)
$180,172,054.00
Ms. Shawver advised that assumptions on debt and funding of debt
service are:
The City has traditionally funded debt service on General
Obligation Bonds, Water or City or School projects.
The Schools have traditionally funded debt service on VPSA
Bonds and Literary Fund Loans.
Capital Leases are considered tax supported debt of the City
and are typically funded by the General Fund.
In analyzing the tax burden, all such debt is considered tax
supported debt of Roanoke due to vesting of taxing authority
in the City.
Generally, debt of Proprietary Funds (Water, Water Pollution
Control, Civic Facility, Parking) is considered self-supporting
and excluded from debt burden calculations.
General Obligation and Virginia Public School Authority
bonds were amortized using level principal and an interest
rate of six per cent.
Literary Loans were amortized at an interest rate of three per
cent.
816
All debt amortized over 20 years.
Funding for debt service increases based on the following
assumptions:
Increased funding of debt service of an additional
$370,000.00 per year through fiscal year 2009.
Dedication to debt service funding of incremental increases
in EMS fees through fiscal year 2007.
Ms. Shawver reviewed the following charts:
Current and Future General Fund Debt Service
25.00
20.00
15.00
10.00
· Currrently
· Upon Issuance
5.00
0.00
2004 2005 2006 20~7 2008 2009 2010
Currently 2004 2005 2006 2007 2008 2009 2010
14.705 15.328 15.01 14.724 14.446 14.360 14.167
Upon 14.705 15.328 19.323 18.919 18.523 22.279 21.860
Issuance
Includes all debt funded by the General Fund (City, School, Leases).
817
Future General Fund Debt Service and Projected Funding for Debt
Service
25.00
20.00
15.01
10.0l
5.00.
0.00
2004 2005 2006
2007 2008 2009 2010
· Debt Service Upon
Issuance I
· Projected Funding for
Debt Service
Debt
Service
Upon
Issuance
Projected
Funding
for Debt
Service
2004 2005 2006 2007 2008 2009 2010
14.705 15.328 19.323 18.919 18.523 22.279 21.860
15.343 18.982 19.689 20.350 20.920 21.490 21.490
818
20.00~
Future City and School Debt Service
15.00
10.00'
5.00'
· Paid by City
· School Paid by City
[] Schoo Paid by School
0.00-
2004 2005 2006 2007 2008 2009 2010
CitY Paid 2004 2005 2006 2007 2008 2009 2010
by City 12.432 12.789 14.686 14.364 14.038 15.667 15.394
School Paid 2.273 2.539 4.637 4.555 4.485 6.612 6.467
by City
School Paid 4.462 4.837 6.208 6.216 6.379 6.918 8.747
by School
She advised that debt policies are:
· Non-proprietary general obligation debt service will not exceed ten
per cent of General Fund expenditures.
· Net bonded debt will not exceed five per cent to the assessed value
of real estate Net Bonded Debt is general obligation debt for the
City and the School Board, exclusive of Enterprise Fund debt and
the amount available in the Debt Service Fund.
· Tax-supported debt will be structured such that not less than 50
per cent of aggregate outstanding debt will be retired within ten
years.
Note: Ratios that follow include all non-Enterprise Fund debt -
GO Bonds, VPSA, Literary Loans, QZAB and Capital Leases
Ratio of Debt Service to General and School Fund Expenditures (10%)
819.
City Projects School Projects Overall
FY 2001 4.2% 2.4% 6.6%
FY 2002 4.1% 2.3% 6.4%
FY 2003 5.9% 3.0% 8.8%
FY 2004 4.7% 2.5% 7.2%
FY 2005 4.6% 2.7% 7.3%
FY 2006 5.1% 3.8% 8.9%
FY 2007 4.8% 3.6% 8.4%
FY 2008 4.6% 3.5% 8.0%
FY 2009 4.9% 4.2% 9.0%
FY 2010 4.6% 4.5% 9.1%
Note: Assumes annual expenditure growth of 4%.
Ratio of Net Bonded Debt to Assessed Value of Real Estate (5%)
City Projects School Projects Overall
FY 2001 2.0% 1.6% 3.6%
FY 2002 2.8% 1.7% 4.5%
FY 2003 2.1% 1.5% 3.6%
FY 2004 2.4% 1.6% 3.7%
FY 2005 2.1% 2.3% 4.5%
FY 2006 2.2% 2.2% 4.2%
FY 2007 2.0% 2.1% 3.8%
FY 2008 1.7% 2.6% 4.4%
FY 2009 1.8% 2.4% 3.9%
FY 2010 1,5% 2.1% 3.4%
Note: Assumes growth of 4% in assessed value of Real Estate
Reduction of Aggregate Debt Within Ten Years (50%)
(Reflects Issuance of Planned Future Debt)
City Schools Overall
FY 2004 69% 65% 67%
FY 2005 68% 60% 65%
FY 2006 70% 61% 66%
FY 2007 72% 64% 68%
FY 2008 71% 56% 63%
FY 2009 74% 65% 69%
820
Debt Statistics of Urban Cities · Source: 6/30/03 CAFRs
Locality General Debt Service Net Bonded Net Bonded
Obligation To General Debt To Debt Per
Bond Rating Fund Assessed Capita
Expenditure Value Real
Estate
Roanoke AA 6.45% 4.40% $1,916.00
Richmond AA/A1 6.81% 3.35% $2,029.00
Hampton AA 5.32% 2.73% $1,104.00
Lynchburg AA 7.85% 2.38% $1,328.00
Newport News AA 7.37% 5.20% $2,235.00
Norfolk AA/A1 8.71% 3.37% $1,545.00
Portsmouth AA-/A3 6.80% 6.39% $2,002.00
Roanoke Co. AA 5.24% 1.49% $1,040.00
The City Manager advised that some citizens have appeared before
Council and stated that the City of Roanoke has enjoyed a AAA bond rating in
the past, but the AAA rating has now been reduced. She pointed out that the
City of Roanoke has never had a AAA bond rating, the City's current AA is a
strong rating, and when the City sells bonds, it oftentimes sells as a AAA entity.
She advised that the State of Virginia's bond rating has the potential to affect
the City of Roanoke in the future, the City of Roanoke has been fortunate to be
located in a State that has enjoyed a AAA bond rating for many years which has
helped the City to ride the crest when it sells bonds, but recent indications are
that the State's AAA bond rating may be in jeopardy. She added that it will not
affect the City's bond rating, but could affect the City's ability to sell bonds at
the better rate.
821
There was discussion in regard to how a locality achieves a AAA bond
rating; whereupon, the Director of Finance advised that factors include the
average personal wealth of a Iocality's citizens, investment in their homes and
personal income; and part of the Council's strategic policy is to address such
issues as increasing the value of homes in the City of Roanoke, more upscale
housing, and creating higher paying jobs in the City.
Ms. Shawver advised that the City has engaged in three different bond
refinancings this year, at savings of approximately $325,000.00 per year.
Mr. Stovall reviewed the following chart on revenue and expenditure
forecasts gap analysis:
240.000 -
230.000-
220.000-
210.000-
200,000 -
190.000
FY 04
FY 05 FY 06 FY 07 FY 08
II Revenue
· Expend tums
j
Expenditures FY 04 FY 05 FY 06 FY 07 FY 08
204.801 213.169 220.676 227.678 234.322
Revenue 204.801 212.033 217.486 222.292 226.656
In terms of closing the gap, Ms. Shawver advised that the following are
under consideration:
· Revenues
Fiscal year 2005:
Increase street opening permits to more fully recover the cost of
inspections of street repaving following street cuts.
Implement annual inspection of cross connection devices to
recover some of the costs of the program; inspection services
would be provided by staffing currently in place.
822
Fiscal year 2006 and beyond:
Examine fees for services annually to ensure that revenues are
adequate to cover cost of providing services.
Implement new or increased revenue stream if needed to fund debt
service when the second high school project begins.
Revenue Options include:
Current Maximum Rate Change
Tax Rate Rate I m pact
Real Estate $1.2:1 None
Personal Property 3.45 None
Utility Consumer 12% 20%
Cigarette (20 per pack) 27 None
Transient Occupancy 7% None
Admissions 5.5.% None
Prepared Food & Beverage 4% None
E-911 2.00 $3.00
Motor Vehicle License $20.00 $28.505
Cable TV Utility 7%
Storm Water Management Fee None
01= $ 480000.00
$.01=5 67000.00
1% = $1100000.00
$,01=$ 70000.00
$ 1% :$322000.00
1% = $ 70000.00
1%= $1935000.00
$,01=$ 8000,00
i = 5 89000.00
1% = $ 209000.00
1/month=500000.O0+
Mr. Stovall advised that budgetary options under consideration to close
the gap include:
Expenditures to fiscal year 2005:
Use savings from bond refinancing to reduce the net cost of
employee compensation.
Reduce the planned increase in funding for capital building
maintenance, equipment replacement and paving.
Mr. Stovall invited input from Council Members with regard to other
options that the Council would like for City staff to consider in balancing the
fiscal year 2005 budget.
823
Mr. Bestpitch called attention to a request by retired City employees for a
pay increase and a supplement toward health care insurance for retired
employees 65 years of age and older, and asked that the matter be included on
the 2005 Fiscal Year Budget Study agenda.
Council Members Fitzpatrick and Dowe expressed appreciation to staff
for the clarity of their presentations.
The Mayor requested a brief summary on revenue sources, as opposed to
the traditional pie chart and summary of expenditure commitments, both in
percentage of the overall budget and dollar amounts for fiscal year 2005.
Ms. Wyatt advised that as City staff prepares the proposed 2005 fiscal
year budget, it is suggested that they look at the luxury taxes such as the
cigarette tax, transient room occupancy tax, prepared food tax, cable television
tax, etc., as opposed to those kinds of taxes that are considered to be basic
services for Roanoke's citizens, such as the real estate tax and the E-9!! tax,
etc.
The City Manager advised that no fee or tax increases will be proposed in
order to balance the fiscal year 2005 budget.
The City Manager advised that the next meeting of the Budget and
Planning Committee will be held on Monday, April 5, 2004; Council will receive
briefings on the proposed 2005 fiscal year budget in mid April; and there is a
scheduling conflict in regard to the site for the proposed 2005 fiscal year
budget public hearing on Thursday, April 29, 2004, at 7:00 p.m., which is
typically held in the Exhibit Hall at the Roanoke Civic Center.
Following discussion, it was the consensus of Council to hold the
proposed fiscal year 2005 budget public hearing in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, on April 29, 2004, at 7:00 p.m.
With reference to those items referred to the Council's Financial Planning
Session and in the interest of time, the Chairman advised that a grant to the
Roanoke Higher Education Center for property taxes paid would be deferred
until the April 5, 2004, meeting of the Budget and Planning Committee.
824
Mr. Stovall called attention to a request from the Commissioner of the
Revenue for additional funding in the amount of $19,000.00, approximately
$2,500.00 of which will be used to implement the short term rental tax which
was approved in the fiscal year 2004 budget, with the remainder of the
appropriation to be used for day to day operation of the office. He stated that
the Commissioner of the Revenue indicates that if additional funding is not
forthcoming, it may be necessary to adjust operating hours in order to serve all
citizens who are in line to transact business so as not to incur overtime
expenses. He pointed out that the budget reduction for the Office of
Commissioner of the Revenue for fiscal year 2004 was approximately
$19,000.00.
The City Manager advised that if approved by Council, the $19,000.00
could be transferred from the City Manager's Contingency account to the
budget of the Commissioner of the. Revenue.
Following discussion, it was the consensus of Council to authorize
appropriation of an additional $19,000.00 to the budget of the Commissioner
of the Revenue for fiscal year 2004.
The City Manager called attention to recent events regarding adoption of
the State's budget, and advised that some persons have suggested that the
General Assembly may not recess on time and there may be a need to continue
to meet in order to reach a balanced budget; whatever the compromise, the
budget will be different from either of the two budgets as presented by the
House and the Senate; and the City can expect certain budgetary impacts
whether they be in constitutional offices, or education, or law enforcement, or
social services, or general revenues to be shared with the localities. She invited
Council Members to view the RV'rV-Channel 3 showing of a press conference
that was held on Thursday, March 4, 2004, in Richmond, Virginia, by the
Virginia First Cities Coalition, the essence of which reflects the sentiments of
the City of Roanoke relative to the need for the General Assembly to recognize
its obligations to Virginia's localities. On behalf of the Virginia First Cities
Coalition, she stated that the press conference indicates support of the Senate
version of the budget which overall represents the best interest of localities.
Ms. Wyatt inquired if it would be advantageous for the Council to go on
record in support of the Senate version of the budget; whereupon, the City
Manager advised that as a member of the Virginia First Cities Coalition, the
position of the City of Roanoke was communicated as a part of the entire
group, but Council Members, individually, could contact the City's legislative
representatives.
825
The City Manager stressed that the next several weeks may change some
of the information that was shared with the Council during today's Financial
Planning Session, and expressed appreciation to Council for the seriousness
with which it deliberated the topics of discussion.
The Chairman concluded the Financial Planning Session and turned the
meeting over to the Mayor.
The Mayor referred to a previous discussion by Council in regard to
cleaning up 1-581 intersections within the City of Roanoke, and advised that the
Roanoke Kiwanis Club will engage in a community project to remove debris in
the Jefferson Street/Walnut Avenue 1-581 area on Saturday, March 6, 2004.
Upon question by a Member of Council, the City Manager advised that
City staff has not heard from Virginia Department of Transportation officials in
regard to 1-581 private property, and staff will coordinate a request of the
Mayor to ride along portions of i-581 with appropriate City staff.
There being no further business, the Mayor declared the Council meeting
in recess until Monday, March 15, 2004, at 11:30 a.m., at which time Council
will meet jointly with the Roanoke City School Board to review information on
construction costs for Patrick Henry High School.
The regular meeting of the Roanoke City Council which convened on
Monday, March 1, 2004, at 9:00 a.m., which meeting was declared in recess
until Friday, March 5, 2004, at 8:30 a.m., which meeting was declared in recess
until Monday, March 15, 2004, at 11:30 a.m., was called to order on Monday,
March 15, 2004, at 11:30 a.m., by Vice-Mayor C. Nelson Harris and School
Board Chairperson Gloria P. Manns in Room :~59, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for a joint
meeting of the Roanoke City Council and the Roanoke City School Board. The
purpose of the meeting was to review plans for the Patrick Henry High School
Replacement Project.
COUNCIL MEMBERS PRESENT: Beverly T. Fitzpatrick, Jr., Linda F., Wyatt,
William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Vice-Mayor
C. Nelson Harris .................................................... 6.
ABSENT: Mayor Ralph K. Smith ................................... :~.
826
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Alvin L. Nash, Robert J.
Sparrow, Kathy G. Stockburger, David B. Trinkle, and Ruth C. Willson and
Gloria P. Manns, Chair .............................................. 7.
ABSENT: None ................................................ 0.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; E.
Wayne Harris, Superintendent of Roanoke City Schools, Richard A. Kelley,
Assistant Superintendent of Operations for Roanoke City Schools; and Cindy
Lee, Clerk, Roanoke City School Board.
SCHOOLS: The meeting was called at the request of the School Board to
present proposed plans for the Patrick Henry High School Replacement Project.
On behalf of the Council, the Vice-Mayor welcomed the School Board and
staff to the meeting.
Chairperson Manns expressed appreciation to Council for taking time
from their schedule to meet with the School Board to discuss plans for the
Patrick Henry High School Replacement Project. She introduced Richard A. Rife,
representing Rife & Wood Architects; and Lee Wilhelm, Mike Farris and Doug
Childess, representing J. M. Turner Construction Company.
Chairperson Manns advised that the School Board has engaged in
numerous discussions regarding the Patrick Henry High School Replacement
project (Patrick Henry) and the School Board is present to reaffirm its
commitment to both the Patrick Henry and the William Fleming High School
projects. She stated that following significant community input throughout all
phases of the planning process, the School Board has voted to proceed with the
Patrick Henry High School Replacement Project, commencing in June 2004, at a
cost of $46.7 million, which will allow for completion of the Patrick Henry
project and commencement of the William Fleming High School Replacement
Project in June 2007. She advised that the School Board will assume the
increase in debt service from $38 million to $46.7 million; and noted that the
original budget of $38 million, which was developed in 2001 for the Patrick
Henry project, was based on the School Board's debt service capacity in 2005
and was not based on specific design plans. To provide Council with an
overview of the Patrick Henry project, including planned academic concepts,
final design, site plans and a revised timeline for debt service requirement, she
called upon Superintendent Harris and Assistant Superintendent Kelley.
Superintendent Harris advised that the last time Council received
information regarding the Patrick Henry project was in May 2003 during fiscal
year 2004 budget study at which time Mr. Kelley provided information that was
827
based on preliminary design; however, today's briefing would include a
complete review of the final design plan, including the academic program and
debt service requirements.
Mr. Kelley advised that:
· Ten buildings will be removed over the next three years in order to
make room for a new main classroom building.
· Gibboney Technical and Education Center will be renovated to facilitate
the business and academic program.
· The Governor's School will remain on the site.
· The building will be elevated six feet above the present level of the
parking lot.
The community has stressed the importance of constructing a building
that is visible from Grandin Road and looks like a school with a
designated front entrance.
· The main building will have three floors: ground floor, second floor
and third floor.
The second and third floors will house academic classrooms, or
learning communities, and administrative situations associated with
each learning community.
The ground floor will house community oriented and support types of
uses such as the library/media center, cafeteria area and
administrative office space for staff.
· Any student entering the building will pass the administrative office
before proceeding to the academic portion of the building.
· All doors will operate on an electronic lock system, similar to that used
in hotels, using a Swipe card.
· Community groups using the auditorium will be issued a swipe card
which will allow for entry to the auditorium area only.
The library/media center will be located across from the administrative
suite, the area is significantly larger than the present library media
center, and will include state-of-the-art technology and technology-
based systems.
828
The food court will be located behind the library/media center, the
cafeteria area will be arranged so that students will not be required to
go through one serving line, but visit food kiosks located at various
points throughout the cafeteria in a food court type arrangement.
External courtyards will be located off the cafeteria and off the
library/media center.
The cyber caf~ will be located adjacent to the library/media center with
significant soundproofing of the wall.
Special education classes will be held on the first floor with a drop off
point for disabled students and a covered walkway at the rear of the
building.
Additional classrooms can be added to the rear of the building if there
is a need for expansion, and the main academic building can be
connected to the business and technical education center.
Design of the academic component of the second and third floors is
identical.
Space is available above the gymnasium on the second floor for a health
and physical education center, wrestling room, training room, and
ROTC classrooms; and the gym will seat 1500 in a bleacher type setting
and 2200 if chairs are placed on the floor.
The gymnasium can be used as a regulation 94 foot varsity style
basketball court, or set up as two side by side courts for physical
education activities.
No classrooms are planned to be located above the fine arts wing
housing the auditorium and the black box theater.
Learning communities and basic classrooms will be located on the
second floor along the side with administrative offices in the center;
laboratory space that can be broken down into science labs, health,'
business and technology education labs, and laboratories will have the
basic infrastructure to allow for connection to the necessary utilities.
During a seven period day, a student will remain in the learning
community for four to five periods of instruction, with one to three
periods outside the learning community in fine arts, music, or physical
education classrooms.
829
Two learning communities will be located on the third floor identical to
the learning communities on the second floor.
Use of Blenheim Road will be limited to deliveries and custodial and
food service employees in order to reduce the amount of traffic in the
area.
Plans include a regulation softball field and practice fields that can be
used for soccer, football, or band practice.
Total parking will exceed 600 parking spaces.
Ten buildings are currently located on the Patrick Henry site, when the
ten buildings are eliminated, the footprint of the building will be
substantially reduced to free up space for softball, soccer and football
practice fields.
Academic concepts include: a seven period day beginning in August,
2004, smaller learning communities, an advanced placement high
school, a fine arts center, and all programs will be technology based.
Design concepts include: four self-contained learning communities, a
new auditorium and "black box" theater that will seat 450 students, an
arts and music center, a gymnasium with a health and fitness center,
food courts with a "cyber cafe", technology based library/media center,
exterior courtyards, and new athletic practice fields for softball, football
and soccer.
The Modular Master Plan allows for continued operation of the school.
Phase I - classrooms, media center and cafeteria; Phase II - construction
of the fine arts wing and gymnasium complex; and Phase III -
construction site for practice fields and gymnasium.
The campus plan will be replaced by a consolidated/courtyard plan that
provides for natural light, secure outdoor gathering spaces and internal
circulation.
83O
The consolidated footprint allows for reorganization of the school into
small learning communities, more land for athletic fields, improves
energy efficiency, provides for a defined front door, full ADA
compliance in terms of elevators, ramps and restrooms, and an overall
new image.
The cost estimate for Patrick Henry High School for school and site
improvements is $40,101,613.00.
Adding in other project costs such as:
Architectural/Engineering Fees
Construction Manager Fees
Testing, Legal Ads and Printing
Furniture and Equipment
Subtotal
Total Project Budget
$ 2,150,000.00
2,570,000.00
50,000.00
1,875,000.00
$ 6,645,000.00
$ 46,746,613.00
The School Board has held pubic hearings with regard to reducing the
scope of the project and deferring several of the following support
functions to future years; i.e.: beyond 2010: Defer construction of the
auxiliary gymnasium - $885,000.00, defer construction of band and
orchestra rooms $815,000.00, build a new 1500 seat gym and
physical education locker room - $3,517,000.00, defer construction of
new athletic locker rooms, training room, fitness center, wrestling
room, ROTC classrooms, for a subtotal of $5,217,000.00. The above
referenced deferrals of support functions would reduce total cost of the
project to $41,529,613.00.
The following represent Virginia averages for construction costs for new
high schools:
Construction Beqinninq:
2000-01 2001-02 2002-03
Nos. of schools
4 7 2
Cost/square foot with site
improvements
$130.36 $120.83 $131.62
831
Patrick Henry High School:
Entire building with site
improvements
$118.17 square foot
Roanoke Academy for Math and Science:
New building with site improvements 123.67 square foot
Hidden Valley High School (1999, adjusted for inflation):
New building with site improvements
124.65 square foot
A revised time line has been prepared showing that Patrick Henry High
School is scheduled to begin construction in June 2004, to be
substantially complete by July 2007 (main part of the building, and
classrooms, library/media center, the cyber caf~ will be completed by
January 2006, construction of the front portion of the building
consisting of the fine arts wing and gym will be completed during the
next 12 18 months, and the site for the auxiliary gym will be
completed by July 2008.
· Construction on the William Fleming High School project will start in
June 2007 for completion by July 2010.
The School Board has increased debt service since 2001 on the average
of about $605,000.00 per year; if debt service accumulation is
increased to $675,000.00 annually by the year 2006, the School Board
will have accumulated enough debt service in the School Board budget
to fund the additional cost of the Patrick Henry High School project, at
$46.75 million.
Debt service for William Fleming will be accumulated between
2007-2010, using the average annual accumulation of $675,000.00
through fiscal year 2010.
The School Board is not projecting any major school capital projects
after fiscal year 2010, and all elementary school projects will have been
completed by this date.
All middle school projects will have been completed by 2010, plus
significant improvements to Madison and Ruffner Middle Schools, which
were not included in the original renovation schedule for middle
schools; and after 2010, the School Board's debt service will begin to
decline at the rate of $200,000.00 to $300,000.00.
832
Following completion of the Patrick Henry and William Fleming High
School Replacement projects, there will not be a need for additional
high school projects for the next 50 years.
Following completion of the high school projects and several
elementary school projects that are currently on the drawing board, all
major capital improvement requirements will have been completed
through the year 2020.
The School Board will accumulate $675,000.00 per year through fiscal
year 2010, or approximately $5 million to address the high school debt
by fiscal year 2010.
A contingency fund of $2 million will be developed by virtue of the fact
that the debt service that the School Board has accumulated has been
used to fund architects and construction management fees for the
Patrick Henry project.
The School Board will complete the remaining elementary school
projects by 2007-2008 (Westside, Fallon Park, Monterey and Raleigh
Court Elementary Schools will be completed over the next two to three
years).
The School Board is requesting that Council maintain its original
commitment of $39 million for both high school projects, which was the
original 50 per cent share of a $78 million budget, and approve the
appropriate debt issuance resolution(s) for the high school projects and
other capital projects.
Council previously approved a debt resolution for the Patrick Henry
High School project which would need to be increased to meet new
project budget requirements of $46.75 million.
In summary of Mr. Kelley's remarks, it was advised that:
The main difference in the debt service requirements of the high school
projects between the new and the old project budgets is that the debt
service accumulation schedule is extended by two years from fiscal year
2008 to fiscal year 2010.
833
The average rate of accumulation per year of $675,000.00 is not
significantly different, but accumulation occurs over a period of six
years, rather than four years.
Once the School Board completes William Fleming High School by 2010,
no significant capital projects in excess of $2.5 million are on the
horizon, except the possible replacement of the central administration
building. The School Board will have remodeled or replaced all
elementary schools and four of the six middle schools and roofs and
HVAC systems will have been replaced at two other middle schools.
Debt service will start to decline after the year 2010 at the rate of
$200,000.00 to $300,000.00 per year.
The new high schools will help to retain families in the City of Roanoke
who have the financial capacity to move to another Roanoke Valley
community. Not only will this help the City with its population base,
but each student retained equals approximately $3,000.00 annually in
State aid.
Real estate values, particularly in the more affluent areas of the City,
will be positively affected leading to increases in tax collections without
an increase in taxes.
The City's economic development activities will be enhanced by
attracting "clean" industries to the City with two progressive high
schools - one with an AP focus and one with an lB focus.
The quality of the City's workforce will be improved through better
education for the City's high school graduates, both college bound and
career oriented.
Both high school campuses will become community centers for health,
physical fitness, the arts and other important civic programs.
The design of the new campuses will have important environmental and
aesthetic benefits for the neighborhoods in which they are located.
834
Chairperson Manns reiterated the School Board's commitment to the
Patrick Henry and William Fleming High School replacement projects and
advised that in order to complete both projects, the School Board will
accumulate $5 million in high school debt service by fiscal year 2010; the
School Board will develop a contingency fund of $2 million for the high school
project by fiscal year 2005; remaining elementary school projects will be
completed by 2007-2008; and, in order for the School Board to successfully
accomplish these projects for the children of Roanoke City, it is requested that
Council maintain its original commitment of $39 million for each of the two
high school projects and approve the appropriate debt service issuance
resolution(s).
Comments/questions by the Vice-Mayor and Members of Council:
· Did community needs create anything that can be quantified?
Superintendent Harris responded in the affirmative and advised that as
the community provided input during a number of public meetings in
regard to programs, their wishes and desires have been reflected in the
increase in square footage of the main school building and a more
complete high school in terms of fine arts and athletics. He stated that
the voice of the community was listened to very carefully.
· How much, if any, will other schools be affected by the increase in
debt service?
Dr. Harris advised that the increase in debt service will not impact the
capital improvements plan in terms of completing those school projects
that are in progress.
· What is the definition of a learning community?
Dr. Harris explained that the concept of a learning community is: ninth
grades at both Patrick Henry and William Fleming High Schools have been
arranged in a group setting which allows all ninth grade students to
spend much of their time together in a smaller setting in order to build
relationships between staff and students by offering the opportunity for
students to study together for the core subjects such as math, science,
and social studies.
· An observation was made that it will soon be time to begin the
process of renovating elementary schools.
835
Mr. Kelley responded that it will not be necessary to gut elementary
school buildings and start over, and the School Board will continue to
monitor the buildings on a regular schedule in terms of capital
maintenance items such as roof replacement, flooring, etc., that may
need to be replaced.
· How much of increased debt service funds will come from school
employee salaries?
Dr. Harris responded that none of the funds will come from employee
salaries, the School Board has used the increase in revenue each year and
set aside a portion of the funds to be devoted exclusively to debt service
which has not impacted the ability of the school system to provide pay
increases for school employees.
· What is the average class size at Patrick Henry High School?
Dr. Harris advised that with construction of the new high school, the
average class size will not change from a ratio of 25 to 1, some classes
have a larger ratio and some of the advanced classes have a smaller ratio
than25to 1.
It would appear to be redundant to have a library/media center in
the Patrick Henry facility and the Raleigh Court Branch Library on
the same property. Has any consideration been given to using the
school library as the Raleigh Court Branch Library?
Dr. Harris called attention to discussions early in the process to
determine if the new library/media center at Patrick Henry High School
could serve the entire community. He also called attention to discussions
with the City Manager with regard to using the Patrick Henry facility as
not only a high school, but a community facility which has proven to be
successful at the Roanoke Academy for Mathematics and SCience. Council
Member Fitzpatrick requested that the City Manager and the
Superintendent of Schools continue to pursue the concept of
consolidating the library media center in Patrick Henry High School and
the Raleigh Court Branch Library.
836
· is the front entrance handicap accessible?
Mr. Kelley responded that the front entrance will be ramped, although
handicapped access to the building will be more user friendly through the
rear entrance.
· Where will the adolescent health center be located?
Mr. Kelley advised that the facility will be located on the first floor
adjacent to the cafeteria.
· Will all of the services/programs that are now provided at Patrick
Henry be continued in the new school?
Mr. Kelley responded in the affirmative and stated that the architect made
a thorough evaluation to ensure that all programs/services are included
in the new facility.
· What is the status of the removal of modular classrooms from all
elementary schools?
Dr. Harris explained that previous discussion pertained to approximately
57 modular classrooms and advised that considerable progress has been
made to replace the modulars with permanent additions; and ten
modulars will be added to Patrick Henry High School to accommodate
students during the construction period. Mr. Kelley clarified that about
33 mobile units are located at elementary schools, none of which are
used as classrooms and some have been left in place at certain schools
that are used for other purposes; mobile classrooms still exist at
Westside Elementary School, and a building design plan has been
prepared, with construction projected to be completed in the summer of
2005. He advised that the goal is to eliminate all individual mobile
classrooms that are being used as classrooms by the year 2008.
An observation was made by a Member of Council that
improvements are needed at the two high schools; however, if it
became necessary to prioritize faculty and staff against materials,
equipment and capital projects, faculty and staff would be the
number one priority. The City of Roanoke will be more successful
in terms of student achievement if the City attracts the very best
educators who may have to work in classrooms that are in need of
repairs and/or improved equipment.
837
Excitement was expressed that upon completion, the City of
Roanoke will have two world class high schools that will be open to
the public in six years, which will lead to improved economic
development and stability of those families who choose to live in
Roanoke because of the quality and competitiveness of its school
system.
What has been learned from the Columbine High School experience
that was incorporated in the Patrick Henry High School building
plans?
Mr. Kelley advised that the security consultant stressed the need to limit
access to the school by including one point of entry where students will
be required to pass when entering the main school building; construction
of a building that is of one footprint, with surveillance cameras
incorporated into the facility, both internally and externally; installation
of an electronic key in system, with swipe cards; and academic
communities will be located on the second and third floors of the
building which will limit the ability of the public to access those areas
during the school day, therefore, any persons on the second and third
floors will be confined to students, teachers and staff and not the public
at large.
· Where will track and field athletes practice outdoors?
Mr. Kelley advised that Patrick Henry will maintain its present track and no
significant funds have been devoted to improve the track facility.
· How has "green architecture" been incorporated into the design in
terms of energy efficiency and recycling?
Mr. Rife advised that the fact that rebuilding will occur on an existing site
is a "green architecturally-oriented" way to proceed; consolidating the
building, or de-suburbanizing, will decrease water run off on the site and
any flooding conditions that might be created; an increase in the green
area of the site will provide air quality improvements, with substantial
tree plantings in the parking areas; and the heating and air conditioning
system will be designed as a variable air volume system that will be
responsive to individual room needs, in order to heat or cool individual
rooms as needed, with a system that is highly programmable and allows
for the heating/air conditioning system to be controlled at lower levels
when the building is not in use.
838
· To what extent will the career and technical education setting be
upgraded?
Mr. Kelley advised that technical education classes without space use
requirements will be located in the learning community in the main
building to provide laboratory space for business and technical education
courses; and courses such as cosmetology, or culinary arts, etc., will be
located in Gibboney Center due to space requirement needs for
equipment or access, etc.
· Will an attempt be made through decoration, painting, etc., to make
the Gibboney Technical Center blend with the new school?
Mr. Rife advised that the Gibboney Center will be connected with a
covered canopy to physically tie the structure in with the main building
and some of the programs currently taught at Gibboney will be moved to
the main building.
· As construction unfolds, how will student traffic be managed on
campus?
Dr. Harris advised that a position has been established to serve as
liaison/coordinator between construction activities and the school
population, with safety being the paramount concern; a safety liaison
construction committee has met on two occasions and developed a plan
to ensure that the construction site is cordoned off; an additional security
officer has been approved by the School Board whose primary
responsibility will be to patrol the area for safety; the City Manager has
responded to a request to ensure traffic control in and around the
entrance to Patrick Henry during construction; and the liaison
construction committee is looking at ways to shuttle students throughout
the school campus during construction, all of which should be finalized
well in advance of the time that students return to school in August,
2004.
· How will the new building enhance curriculum and academics?
Dr. Harris responded that the goal is that Patrick Henry will become a
world class high school; when looking at schools that are currently listed
in USA Today as the top high schools, the one common thread is that they
offer a wide range of AP courses; the School system is working with
Virginia Western Community College to increase the number of AP classes
to be offered next year, with a goal that by the time the new facility is
open, all 31 AP classes will be offered, and successful completion of the
courses will be recognized as college credit; and final discussions are
839
underway with officials of the Roanoke Symphony Orchestra to provide for
Patrick Henry High School to serve as the future home of the Roanoke
Symphony.
A summary was requested of citizen input at community meetings
where cost reduction options for Patrick Henry High School were
reviewed.
Chairperson Manns called attention to widespread attendance at the
meetings at which time the public clearly proposed the cost reduction
items at Patrick Henry High School. Dr. Harris advised that two meetings
were held and additional information type meetings are scheduled to be
held with parents of elementary and middle school students; and some
citizens have voiced concerns with regard to the expenditure of these
kinds of funds to replace Patrick Henry, but the predominate view of the
public is that the project should move forward, therefore, the School
Board took action to not eliminate the fine arts facility, or to reduce the
athletic facility, and to move forward with the project.
· Will the health and fitness center be open to th'e public?
Mr. Kelley advised that it is proposed to enter into an agreement with the
City's Department of Parks and Recreation that will add the Patrick Henry
health and fitness center to the other school fitness center facilities.
· Will the auditorium continue to be known as the Clara Black
Auditorium?
Mr. Kelley advised that the School Board has not made a decision in
regard to naming the facility.
An observation was made by a Member of Council that "Clara Black" is an
important name and should continue to be used with the new building,
therefore, the School Board should be encouraged to carry on the
tradition because of Ms. Black's theatrical experience and the
opportunities that she created for Roanoke's young people that would not
otherwise have occurred.
Dr. Harris commended the cooperation of the City Manager in responding
to various requests/concerns of the School Board, i.e.: security and a
location for band and sports teams to practice. He advised that there will
be times of upheaval, turmoil and inconvenience for students, and
parents must be assured that their children will be safe. He added that
he will continue to work with the City Manager as construction proceeds.
840
The City Manager advised that the Council's next Budget and Planning
Committee meeting is scheduled to be held on Monday, April 5, 2004, and at
that time, City staff will be prepared to review information with regard to the
impact of bond issuance at the higher level as staff finalizes its
recommendations regarding a capital and operating budget for the City of
Roanoke for fiscal year 2005.
There being no further business, the Vice-Mayor declared the Council
meeting adjourned at 1:25 p.m.
APPROVED ~~
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
841
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
March 15, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 15, 2004, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules
of Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by the Council
on Monday, July 7, 2003.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Linda F. Wyatt,
William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Vice-Mayor
C. Nelson Harris ...................................................... 6.
ABSENT: Mayor Ralph K. Smith ..................................... 1.
OFFICERS PRESENT: Darlene L Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Bishop M. Louis Hardy, Pastor, Prayer
Temple Church of Our Lord Jesus Christ.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
FIRE DEPARTMENT - ACTS OF ACKNOWLEDGMENT: The Vice-Mayor
presented the Governor's Award for Excellence in Virginia Fire Service Management
to Fire/EMS Chief James Grigsby. He advised that the award is presented in
recognition of achieving national accredited agency status and improved ISO
rating, regional cooperation initiatives, adoption of the Fire/EMS seven year
Strategic Business Plan, improvements to equipment and training methodologies,
department training, regional cooperation and having received the highest citizen
satisfaction rating of any City department over the past three years.
842
On behalf of the Members of Council and the citizens of the City of Roanoke,
the Vice-Mayor congratulated and expressed appreciation to the City of Roanoke's
Fire/EMS Department.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if discussion
was desired, that item would be removed from the Consent Agenda and
considered separately. He called specific attention to three requests for Closed
Session.
MINUTES: Minutes of the regular meeting of Council held on Tuesday,
January 2, 2001, and recessed until Tuesday, January 8, 2001; the regular meeting
held on Tuesday, January 16, 2001, and recessed until Monday, January 29, 2001;
and the regular meeting held on Tuesday, February 17, 2004, were before the
body.
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.2-3711(A)(1), Code of Virginia (1950), was before the body.
Mr. Dowe 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. Cutler
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... O.
843
(Mayor Smith was absent.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the 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 Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
CITY COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.2-371:[(A)(7), 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 Fitzpatrick, Wyatt, Bestpitch Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
COMMITTEES-TOWING ADVISORY BOARD: A report of qualification of Robert
R. Young for a term ending June 30, 2005, and Walter T. Hinkley for a term ending
June 30, 2006, as members of the Towing Advisory Board, was before Council.
Mr. Dowe moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
844
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS:None ..................................................... O.
(Mayor Smith was absent.)
REGULAR AGENDA
SCHOOLS: The Vice-Mayor advised that on July 1, 2004, there will be two
vacancies on the Roanoke City School Board, and pursuant to Chapter 9,
Education, Code of the City of Roanoke, 1979, as amended, applications from the
following persons were received in the City Clerk's Office prior to the 5:00 p.m.,
deadline on Wednesday, March ].0, 2004:
Dennis M. Binns
Chris H. Craft
Robert R. Craig
David M. Dabay
Roddy L. Hiduskey
Glenda D. Lee
Alvin L Nash
Samuel Robinson
Linda F. Wright
Without objection by Council, the Vice-Mayor advised that the applications
will be received and filed and Council will select the persons to receive the formal
interview at its regular meeting on Monday, April 5, 2004, at 2:00 p.m. (Interviews
will be held on Thursday, April 22, 2004, at 4:30 p.m., in the Council Chamber.)
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, Roanoke
Valley Economic Development Partnership, presented the annual report of the
Partnership. He advised that the Partnership was founded approximately 20 years
ago by five Roanoke Valley governments, and today, six Roanoke Valley
governments participate on a per capita basis, providing funding for the marketing
of the Roanoke Valley to not only the United States, but throughout the world. He
stated that last year, the Partnership, working with governmental partners
throughout the Roanoke Valley, announced $].10 million in new projects/capital
845
expenditures; and 2003 was the third best year in the history of the Partnership,
with projects in the range of $25 - $30 million and more than 1,000 new jobs. He
further stated that the Partnership set a $25 million goal for new investment in
fiscal year 2004 and to date, it has reached $37 million; the goal was to announce
a payroll of $5.9 million and to date, a payroll of $9.1 million has been achieved;
average salary goal was $29,000.00 per year and to date, average salary is
$27,000.00; the goal in number of jobs was 200 and has been exceeded by 42:1
jobs, and local governments have converted 25 per cent of all prospect business.
He advised that this is the second year that the Commonwealth of Virginia has
chosen not to advertise for economic development, therefore, the level of inquiries
to the Regional Partnership has diminished.
On behalf of the Roanoke Valley Economic Development Partnership,
Mr. Sparks expressed appreciation for the support of the Members of Roanoke City
Council and the City Manager.
Dr. Cutler inquired if the Partnership plans to use the new branding logo,
term and design for the greater region; whereupon, Mr. Sparks advised that the
Partnership will most likely be one of the lead agencies or organizations to use the
logo.
Mr. Fitzpatrick expressed concern with regard to the lack of increased
funding by the Commonwealth of Virginia for the Economic Development
Partnership and asked that Council be kept informed relative to any financial
issues.
TAXICABS AND FOR HIRE VEHICLES: W. E. Roberts, President, Yellow Cab
Services of Roanoke, Inc., presented a revised petition for taxicab rate increase.
He advised that a rate increase of approximately $1.00 per trip on the initial drop
is proposed, based on an average trip of three miles, which is approximately 15.6
per cent, and is in line with fees charged by other localities throughout the
Commonwealth of Virginia. He explained that expenses of the cab company have
dramatically increased over the past four years since the last rate increase; and if
Yellow Cab Services is to continue to provide vital taxicab service to the Roanoke
Valley, periodic rate adjustments will be needed. He called attention to a
comparison of Yellow Cab Company rates with other localities in the
Commonwealth of Virginia which indicate that the rates charged by Yellow Cab
Services are comparatively Iow.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of the
request for a rate increase. He advised that taxicabs are more expensive to
maintain and to operate than personal automobiles, the requested increase is
necessary to fund company expenses, and Yellow Cab Services provides Iow
income people with an opportunity to earn a living.
846
Mr. E. Duane Howard, 5088 Walnut Avenue S. W., advised that in most cities,
taxicabs are used by the more affluent; however, in the City of Roanoke taxicab
service is needed by those who cannot afford an automobile. He stated that he
was not speaking either for or against the request for a rate increase, but asked
that serious consideration and evaluation be given to the request of Yellow Cab
Company inasmuch as Roanoke's disadvantaged and underprivileged citizens are
dependent upon mass transit.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke on behalf of senior
citizens who depend upon Yellow Cab Services for transportation. She stated that
she was not against an increase in taxicab rates, however, the proposed increase
equals approximately 15 per cent for the first three miles and comparisons made
by Yellow Cab Services with other localities in the Commonwealth of Virginia are
not based upon the same distance traveled. She requested that Yellow Cab
Services consider offering senior citizens a discount, which could correlate to the
discount offered by Valley Metro, because many senior citizens cannot physically
ride a bus and must depend on taxicabs for transportation to address their basic
needs since village centers within neighborhood corridors do not currently exist.
In summary, she requested that consideration be given to the inaccurate
comparison of the City of Roanoke with other localities in Virginia, taxicab drivers
in Roanoke do not assist customers with packages or laundry, and some persons
cannot afford to pay an increase in taxicab rates.
Without objection by Council, the Vice-Mayor advised that the request of
Yellow Cab Services of Roanoke, Inc., would be referred to the City Manager for
study, report and recommendation to Council.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-PUBLIC INFORMATION OFFICER: The City Manager
introduced Larry Brown, Public Information Officer, effective March 15, 2004.
COMMUNICATIONS DEPARTMENT: The City Manager submitted a
communication advising that in 2001, the State of Virginia mandated that localities
take responsibility for answering wireless E911 calls, which replaced the previous
process of having all wireless calls routed to, and answered by, the State Police;
the Virginia State Wireless E911 Services Board provides annual funding to
847
localities for equipment and limited salaries to support the service; the State
currently collects a monthly tax of 75 cents assessed on each wireless telephone
user to fund localities for expenses associated with the services; and funding is
distributed from the Wireless Services Board (WSB) to localities based on a formula
which considers total wireless E9:I! calls as a percentage of overall E9:I! call
volume.
It was further advised that in 2001, the City of Roanoke received
approximately $250,000.00 from the Wireless Services Board as part of a Phase I
program for equipment upgrades and staff support to facilitate the transfer of
wireless call services from the State to Roanoke's local 911 Center.
It was explained that on November 12, 2003, the Virginia State Wireless
E911 Services Board awarded the City of Roanoke an additional $78,287.00 as part
of a Phase II service expansion; Wireless Phase II is designed to implement the
technology that is necessary to enable 911 operators to know, automatically, the
location of a cell phone caller using global positioning systems; and installation of
the basic infrastructure to identify wireless caller locations is scheduled for
completion by June 2004 (It may be several years for cell phones with global
positioning technology to be introduced to the marketplace by wireless providers
before this capability is fully utilized); and there is no requirement for matching
funds for the $78,287.00 grant.
The City Manager recommended that Council accept funding from the
Virginia State Wireless E911 Services Board, increase wireless revenue by
$78,287.00, appropriate $:12,500.00 to E91! Center, Account No. 001-430-
4130-2044, for E9:ll training, and appropriate $65,787.00 to the E911 Upgrades
for Hardware/Software, Account No. 0:13-430-9870-9007.
Mr. Dowe offered the following ordinance:
(#36640-031504) AN ORDINANCE appropriating funds.for E9ZI! wireless
equipment and establishing a State grant, amending and reordaining certain
sections of the 2003-2004 General and Department of Technology Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 372.)
848
Mr. Dowe moved the adoption of Ordinance No. 36640-031504. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris .................................................... 6.
NAYS: None .................................................... 1.
(Mayor Smith was absent.)
NEWSPAPERS-LEASES-AIR RIGHTS-BRIDGES: The City Manager submitted a
communication advising that in 1984 and in 2002, the City of Roanoke entered
into air rights lease agreements with The Roanoke Times in order for the Times to
construct bridges to span Salem Avenue and Second Street, respectively; as a part
of the agreements, The Roanoke Times was required to post bonds with the City of
Roanoke that are renewable every five years in amounts equal to an estimated cost
of removing the bridges over Salem Avenue and Second Street in the event that the
bridges fall into disrepair and The Roanoke Times is unable to repair them; the
amounts for the bonds will be renewed every five years, and in 2004, the amount
for the Salem Avenue Bridge was adjusted to $100,000.00 and in 2002, the
Second Street Bridge bond was set at $250,000.00.
It was further advised that The Roanoke Times has requested that it be
allowed to either issue five-year bonds or five-year letters of credit for the lease
agreements.
The City Manager recommended that she be authorized to execute
amendments to the two lease agreements authorizing The Roanoke Times to issue
either five-year bonds, or five-year letters of credit, such agreements to be
approved as to form by the City Attorney.
Mr. Fitzpatrick offered the following ordinance:
(#36641-031504) AN ORDINANCE authorizing the City Manager to execute
amendments to the Lease of Air Space Agreement dated April 27, 1984, and the
Lease of Air Space and Easement for Support Columns, dated February 7, 2002,
between the City of Roanoke and the Times-World Corporation, to permit the
Times-World Corporation to issue either five-year bonds or five-year letters of
credit as required by the agreements, 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, Page 374.)
849
Mr. Fitzpatrick moved the adoption of Ordinance No. 36641-031504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris .................................................... 6.
NAYS: None .................................................... 0.
(Mayor Smith was absent.)
SCHOOLS-REPORTS OF COMMll-I-EES: A communication from the Roanoke
City School Board requesting that Council appropriate $494,298.00 from the
Capital Maintenance and Equipment Replacement Fund for the purpose of
replacement of musical instruments, purchase of health, instructional and
administrative technology equipment, purchase of district-wide furniture, roof
consulting services, installation of flooring, and purchase of food services
equipment, was before the body.
The Director of Finance submitted a written report recommending that
Council concur in the request of the School Board.
Mr. Dowe offered the following budget ordinance:
(#36642-031504) AN ORDINANCE to appropriate funding for equipment
from the Capital Maintenance and Equipment Replacement Program (CMERP) and
from the School Food Service Fund balance, 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, Page 375.)
Mr. Dowe moved the adoption of Ordinance No. 36642-031504. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris .................................................... 6.
NAYS: None .................................................... O.
(Mayor Smith was absent.)
850
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND MEMBERS
OF CITY COUNCIL:
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER-COMMUNICATIONS
DEPARTMENT: Council Member Cutler commended the City Manager upon receipt
of the Government Techno/og? magazine, "Top 25 Doers, Dreamers and Drivers
Award"~
ACTS OF ACKNOWLEDGEMENT-HOTEL ROANOKE CONFERENCE CENTER:
Council Member Cutler commended The Hotel Roanoke and Conference Center
upon receipt of the Doubletree Pride Award, The Connie Award and The Annual
CARE Award.
BONDS/BOND ISSUES: Council Member Cutler commended actions taken by
the Director of Finance which will enable the City of Roanoke to save $22S,O00.OO
per year over a period of approximately 18 years through bond refinancing.
CITY MARKET-STREET NAMES: Council Member Bestpitch requested that the
matter of renaming that portion of 13'h Street south of Orange Avenue, "Thomas
Market Street", be referred to the City Planning Commission for study, report and
recommendation to Council. He also requested that the City Planning Commission
work with the appropriate landowners in connection with naming the two plazas
that bracket the City Market area and that proposed names be reflective of the
City's railroad heritage.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
851
BRIDGES-COMMITTEES: Mr. E. Duane Howard, 508B Walnut Avenue, S. W.,
raised questions in regard to the Dr. Martin Luther King,Jr. Bridge Committee; i.e.:
composition of the committee, the required number of members to constitute a
quorum, the lack of attendance at meetings by some members of the committee,
the cost to taxpayers for architects to attend meetings of the committee, why a
project of this magnitude was assigned to a small and select group, the role of
Council Members Wyatt and Cutler, why would the City spend $3 million on a
bridge when $47 million is proposed to be spent on the Patrick Henry High School
Replacement Project and which project is more important, why is public input on
the bridge project scheduled for 2:30 p.m., on a Tuesday at a time when the
general public is not available to attend, when the report is submitted to Council,
is it morally and ethically right for Council Members Wyatt and Cutler to vote on
the issue, and how can a $500,000.00 Federal grant be used to build a memorial
to Dr. King.
FEE COMPENDIUM-ROANOKE GAS COMPANY: Ms. Evelyn D. Bethel, 35 Patton
Avenue, N. E., expressed concern on behalf of senior citizens in regard to the
rising cost of gas for home heating purposes. She requested that Council contact
officials of Roanoke Gas Company to determine if they would be more lenient in
dealing with senior citizens, those persons living on a fixed income, and those
customers who pay their bills on time.
CITY MANAGER COMMENTS:
ROANOKE GAS COMPANY: In response to Ms. Bethel's concerns, the City
Manager called attention to the City's Fuel Assistance Program which is
administered by the Department of Social Services, and encouraged those persons
who experienced challenges in paying their fuel bills to contact the Social Services
Department.
BUDGET: The City Manager advised that to date, the General Assembly has
not adopted a budget on behalf of the Commonwealth of Virginia. She stated that
the City of Roanoke supports the Senate version of the budget which does the
least amount of harm to localities, and urged that citizens contact the City's
representatives to the Virginia General Assembly to insist that a budget be
adopted that will do the least amount of harm at the local level to those localities
that provide the necessary day-to-day services.
852
At 3:10 p.m., the Vice-Mayor declared the Council meeting in recess for
three Closed Sessions.
At 3:40 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, except Mayor Smith, Vice-Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
COMMITTEES-P£NSlONS: The Vice-Mayor advised that there is a vacancy on
the City of Roanoke Pension Plan, Board of Directors, created by the resignation of
D. Duane Dixon, for a term ending June 30, 2004; whereupon, he opened the floor
for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Michael W. Hanks.
There being no further nominations, Mr. Hanks was appointed as a member
of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term
of D. Duane Dixon, resigned, ending June 30, 2004, by the following vote:
FOR MR. HANKS: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler,
Dowe and Vice-Mayor Harris ............................................ 6.
(Mayor Smith was absent.)
Inasmuch as Mr. Hanks is not a resident of the City of Roanoke, Ms. Wyatt
moved that the City residency requirement be waived in this instance. The motion
was seconded by Mr. Bestpitch and adopted.
853
CITY CODE-COMMITTEES-HOUSING/AUTHORITY: The Vice-Mayor advised
that the terms of office of Frank W. Feather, Bryan Grimes Creasy and Nancy
Canova as members of the Fair Housing Board will expire on March 31, 2004;
whereupon, he opened the floor for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Frank W. Feather, Bryan
Grimes Creasy and Nancy Canova.
There being no further nominations, Ms. Canova and Messrs. Feather and
Creasy were reappointed as members of the Fair Housing Board, for terms ending
March 31, 2007, by the following vote:
FOR MS. CANOVA AND MESSRS. FEATHER AND CREASY: Council Members
Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and Vice-Mayor Harris ............. 6.
(Mayor Smith was absent.)
PARKS AND RECREATION-COMMITTEES: The Vice-Mayor advised that the
terms of office of Gwendolyn W. Mason, David Nixon, Mark Lawrence, and
Geraldine LaManna as members of the Parks and Recreation Advisory Board will
expire on March 31, 2004; and there is one vacancy on the Parks and Recreation
Advisory Board created by the resignation of Brian M. Shepard for a term ending
March 31, 2005; whereupon, he opened the floor for nominations to fill the
vacancies.
Mr. Dowe placed in nomination the names of Gwendolyn W. Mason, David
Nixon, Mark Lawrence, Geraldine LaManna and Thomas Pettigrew.
There being no further nominations, Ms. Mason, Mr. Nixon, Mr. Lawrence,
and Ms. LaManna were reappointed for terms ending March 31, 2007; and Mr.
Pettigrew was appointed to fill the unexpired term of Brian M. Shepard, resigned,
ending March 31, 2005, as members of the Parks and Recreation Advisory Board,
by the following vote:
FOR MS. MASON, MR. NIXON, MR. LAWRENCE, MS. LA MANNA AND MR.
PETTIGREW: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
(Mayor Smith was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER:
The Vice-Mayor advised that the term of office of Ralph K. Smith as a member of
The Hotel Roanoke Conference Center Commission will expire on April 12, 2004;
whereupon, he opened the floor for nominations to fill the upcoming vacancy.
854
Mr. Bestpitch placed in nomination the name of C. Nelson Harris.
There being no further nominations, Mr. Harris was appointed as a member
of The Hotel Roanoke Conference Center Commission, for a term commencing
April 13, 2004 and ending April 12, 2008, by the following vote:
FOR MR. HARRIS: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, and
Dowe ............................................................... 5.
(Mayor Smith was absent and Vice-Mayor Harris abstained from voting.)
At 3:45 p.m.', the Vice-Mayor declared the Council meeting in recess until
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, March 15, 2004, 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 Vice-Mayor C. Nelson Harris
presiding.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Linda F. Wyatt,
William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Vice-Mayor
C. Nelson Harris ...................................................... 6.
ABSENT: Mayor Ralph K. Smith .................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
meeting was opened with prayer by Council Member William D.
The
Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
855
BONDS/BONDS ISSUES-HOUSING/AUTHORITY-RIVERSIDE CENTRE-
PURCHASE/SALE OF PROPERTY: The City Clerk having advertised a public hearing
for Monday, March 15, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the proposed adoption of a resolution authorizing the City to
contract a debt and to issue general obligation public improvement bonds of the
City, in the amount of $5,500,000.00, for the purpose of assisting the Roanoke
Redevelopment and Housing Authority in paying a portion of the costs of the
South Jefferson Redevelopment Project, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, March 1, 2004 and Monday, March 8, 2004; and in the Roanoke
Tribune on Thursday, March 11, 2004.
The City Manager submitted a communication advising that on March 19,
2001, the City of Roanoke entered into an agreement with Carillon Health System
and Carillon Biomedical Institute with regard to development of the South Jefferson
Redevelopment Area into a research and technology park; the City's Capital
Improvement Program includes funding of $23.5 million for Phase I of the
Riverside Centre for Research and Technology; Phase I includes development of
the area north of Reserve Avenue between Jefferson Street and Franklin Road, and
has the potential to house one million square feet of office space, with build out
expected to take 15-20 years for this phase of the project; and funding for Phase I
is provided by the City's 2002 bond issue, sale of property and from the issuance
of a future bond issue.
It was further advised that the City of Roanoke Redevelopment and Housing
Authority (RRHA) has been negotiating with Roanoke City Mills, Inc., (sometimes
called Mennell Mills, and hereinafter referred to as RCM) to purchase RCM's
property on the west (Area 1) and east side (Area 3) of Jefferson Street; the other
property east of Jefferson Street is in Area 3 and was not scheduled to be acquired
at this time; in order to enter into an agreement with the Housing Authority for
purchase of RCM property in Area 1, which is necessary for the redevelopment
project to move forward, RCM has also requested that the Housing Authority enter
into an agreement for the purchase of RCM property in Area 3; and additional
funding needed for property acquisition for Phase I will be provided from the
issuance of bonds.
The City Manager recommended that Council adopt a resolution authorizing
the sale of bonds for the South Jefferson Redevelopment Project, not to exceed
$5.5 million, and declaring the City's intent to reimburse itself from the sale of
such bonds.
856
Mr. Dowe offered the following resolution:
(#36643-031504) .A RESOLUTION authorizing the issuance of five million
five hundred thousand dollars ($5,500,000.00) principal amount of general
obligations of the City of Roanoke, Virginia, in the form of general obligation
public improvement bonds of such City, the proceeds of which are to be granted
by such City to the Roanoke Redevelopment and Housing Authority for the
purpose of assisting such Authority in paying a portion of the costs of a
redevelopment project in the City, known as the South Jefferson Redevelopment
Project; fixing the form, denomination and certain other details of such bonds;
authorizing the preparation of a preliminary official statement and an official
statement relating to such bonds and the distribution thereof and the execution of
a certificate relating to such bonds; as applicable elected representative of such
City approving the issuance of such bonds for purposes of Section 147(f) of the
Internal Revenue Code of 1986; authorizing and providing for the issuance and
sale of a like principal amount of general obligation public improvement bond
anticipation notes in anticipation of the issuance and sale of such bonds; and
otherwise providing with respect to the issuance, sale and delivery of such bonds
and note.
(For full text of resolution, see Resolution Book No. 68, Page 377.)
Mr. Dowe moved the adoption of Resolution No. 36643-031504. The
motion was seconded by Mr. Bestpitch.
The Vice-Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Resolution No.
36643-031504 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris .................................................... 6.
NAYS: None .................................................... 0.
(Mayor Smith was absent.)
857
The City Manager submitted a communication advising that on March 19,
2001, the City of Roanoke entered into a Cooperation Agreement with the City of
Roanoke Redevelopment and Housing Authority (RRHA) with regard to
development of the South Jefferson Redevelopment Area into a research and
technology park, which agreement expires on March 19, 2004, but is subject to
extension by agreement of the two parties.
It was further advised that the Cooperation Agreement budget of $14 million
allowed for acquisition of property in Areas I and lA only; currently only $13
million of the total budget has been appropriated by the City; approximately $1
million of water and sewer funding for related infrastructure has not yet been
appropriated and will not be needed, however, in order to obtain certain property
in Area 1, the Housing Authority has been negotiating with Roanoke City Mills,
Inc., (sometimes known as Mennell Mills and hereinafter referred to as RCM) to
purchase RCM's property on the west (Area 1) and east side (Area 3) of Jefferson
Street; in order to enter into an agreement with the Housing Authority for
purchase of RCM property in Area 1, which is necessary for the redevelopment
project to move forward, RCM has requested that the Housing Authority enter into
an agreement for the purchase of RCM property in Area 3; RCM property in Area 3
was not scheduled to be acquired at this time, therefore, in 2001, the Housing
Authority Cooperation Agreement budget did not include funds to purchase the
property; and additional funding will be provided from issuance of General
Obligation Public Improvement Bonds, and proceeds from property sales in Areas
1 and lA.
It was explained that Section One ("Term of SJC Agreement 2") of the South
Jefferson Cooperation Agreement 2 between the City of Roanoke and the City of
Roanoke Redevelopment and Housing Authority provides that the agreement will
expire on March 19, 2004; in order for redevelopment of the area to continue,
terms of the agreement must be extended; a five year extension is proposed, with
subsequent extensions upon agreement of the parties; the budget needs to be
amended to allow for acquisition of RCM property in Area 3; an additional
$8,065,000.00 needs to be incorporated into the amended budget for the
purchase of RCM property; approximately $2,569,250.00 will come from the
proceeds of land sales in Areas 1 and lA and will be retained by the Housing
Authority to be applied to the purchase of RCM property, and the remaining
amount (approximately $5,495,750.00) will come from the issuance of bonds; an
amended budget under date of March 11, 2004, reduces the budget by
$1,000,0000.00 of water and sewer funding not needed, and increases the budget
by $8,065,000.00 for purchase of RCM property, for a net budget increase of
$ 7,065,000.00.
858
The City Manager recommended that she be authorized to execute an
Amended South Jefferson Cooperation Agreement 2, in a form to be approved by
the City Attorney, providing for a five-year extension, providing for the Housing
Authority to seek to acquire RCM property in Area 3, and an amended budget
providing for acquisition of RCM property in Areas I and 3; approve the amended
budget as above described; appropriate $5,495,750.00 of bond funds to be paid
to the Housing Authority per the amended budget; and authorize the City Manager
to take such further actions and to execute such documents as may be needed to
implement and administer the extended South Jefferson Cooperation Agreement 2
and amended budget.
Mr. Dowe offered the following budget ordinance:
(#36644-031504) AN ORDINANCE to establish additional funding to South
Jefferson Cooperation Agreement 2, amending and reordaining certain sections of
the 2003-2004 Capital Projects Fund Appropriations and dispensing with the
second ready by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 392.)
Mr. Dowe moved the adoption of Ordinance No. 36644-031504. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
Mr. Fitzpatrick offered the following ordinance:
(#36645-031504) AN ORDINANCE authorizing the proper City officials to
execute an Amended South Jefferson Cooperation Agreement 2 between the City
of Roanoke (City) and the City of Roanoke Redevelopment and Housing Authority
(RRHA); approving an amended budget for such Amended Agreement; authorizing
the City Manager to take such actions and execute further documents as may be
needed to implement and administer such Amended Agreement; and dispensing
with the second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 393.)
859
Mr. Fitzpatrick moved the adoption of Ordinance No. 36645-031504. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
EASEMENTS-SIGNS/BILLBOARDS/AWNINGS: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday, March 15,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a
proposed encroachment of an overhead sign into the public right-of-way of the
sidewalk and extension of an overhead awning into the public right-of-way at 22
Campbell Avenue, S. E., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 5, 2004.
The City Manager submitted a communication advising that Dr. Jill
Barksdale, representing Barksdale Vision Center, has requested permission to
install an overhead sign and awning on the building located at 22 Campbell
Avenue, S. E, which would encroach into the public right-of-way; the proposed
sign would encroach approximately 48 inches into the right-of-way of Campbell
Avenue, with ten feet of clearance above the sidewalk; the proposed awning would
encroach approximately 36 inches into the right-of-way of Campbell Avenue, with
ten feet of clearance above the sidewalk; the right-of-way of Campbell Avenue at
this location is approximately 60 feet in width; and liability insurance and
indemnification of the City and the property owner by the applicant will be
provided.
The City Manager recommended that Council adopt an ordinance to be
executed by the property owner, to be binding on the property owner and his or
her heirs and assigns and to be recorded in the Clerk's Office of the Circuit Court
for the City of Roanoke, granting a revocable license to the applicant, to provide
for installation of a sign and awning at 22 Campbell Avenue, S. E, encroaching
into the public right-of-way of Campbell Avenue.
860
Mr. Dowe offered the following ordinance:
(#36646-031504) AN ORDINANCE granting a revocable license to permit
the encroachment of an overhead sign and awning at a height above the sidewalk
of ten (10) feet, with the overhead sign extending forty-eight (48) inches, in the
public right of way of 22 Campbell Avenue, S. E., and the awning extending thirty-
six (36) inches with a length of seventy-two (72) inches, in the public right-of-way
of 22 Campbell Avenue, S. E., from property bearing Official Tax No. 4010316,
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, Page 395.)
Mr. Dowe moved the adoption of Ordinance No. 36646-031504. The motion
was seconded by Mr. Fitzpatrick.
The Vice-Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance No.
36646-031504 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
EASEMENTS-SIGNS/BILLBOARDS/AWNINGS: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday, March 15,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a
proposed encroachment of an overhead sign into the public right-of-way at 22
Church Avenue, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The
Times on Friday, March 5, 2004.
861
The City Manager submitted a communication advising that Kamran
Karbassiyoon, owner of property located at 22 Church Avenue, S. W., has
requested permission to install an overhead sign on the building located at
22 Church Avenue, S. W., which would encroach into the public right-of-way; the
proposed sign would encroach approximately 48 inches into the right-of-way of
Church Avenue, with approximately ten feet, two inches of clearance above the
sidewalk; the right-of-way of Church Avenue at this location is approximately 50
feet in width; and liability insurance and indemnification of the City by the
property owner will be provided.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owner and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke, granting a revocable license to the owner, to allow
installation of a sign at 22 Church Avenue, S. W, encroaching approximately 48
inches into the public right-of-way of Church Avenue.
Mr. Fitzpatrick offered the following ordinance:
(#36647-031504) AN ORDINANCE granting a revocable license to permit
the encroachment of an overhead sign at a height above the sidewalk of ten (!0)
feet, two (2) inches, extending approximately forty-eight (48) inches in the public
right-of-way of 22 Church Avenue, S. W., from property bearing Official Tax No.
1012317, 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, Page 397.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36647-031504. The
motion was seconded by Mr. Dowe.
The Vice-Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance No.
36647-031504 was adopted by the following vote:
862
AYES: Council Members Fitzpatrick, Wyatt, Bestpitch, Cutler, Dowe and
Vice-Mayor Harris ..................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Smith was absent.)
OTHER BUSINESS:
ROANOKE CIVIC CENTER-SPORTS ACTIVITIES: Ms. Christy M. Lovelace,
1015 11'h Street, N. E., presented petitions in support of keeping the Roanoke
Express hockey team in Roanoke Valley for another season.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
(No citizens had registered to speak.)
There being no further business, the
adjourned at 7:20 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Vice-Mayor declared the meeting
Mayor
863
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
April 5, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
April 5, 2004, 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, Regular Meetings, Code of the
City of Roanoke (1979), as amended; and pursuant to Resolution No. 36193-
010603 adopted on January 6, 2003, which changed the time of commencement
of the regular meeting of Council to be held on the first Monday in each month
from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris (arrived at 9:25 a.m.), Linda F.
Wyatt (arrived at 9:15 a.m.), William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor Ralph K. Smith ............. 7.
ABSENT: None ............................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy R. Spencer,
Assistant City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was
before the body.
Mr. Bestpitch 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. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, and Mayor
Smith ............................................................ 5.
NAYS: None .................................................. O.
864
(Council Members Harris and Wyatt had not arrived when the vote was recorded.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
CELEBRATIONS/VALLEY VIEW MALL: With regard to a report of the City
Attorney on the 2:00 p.m., Council docket requesting authorization for waiver of
the City's sovereign immunity in connection with use of Valley View Mall for
Citizens Appreciation Day on Saturday, April 17, 2004, Council Member Cutler
inquired if the same action was requested in 2003; whereupon, the Assistant City
Attorney advised that the matter was not brought to the Council for action in
2003, however, waiver of sovereign immunity is considered to be standard
procedure for most shopping centers.
COMMONWEALTH BUILDING-LIBRARIES: With regard to a communication
from the City Manager on the 2:00 p.m., Council docket requesting approval of
Amendment No. 2 to the asbestos and lead abatement services contract between
the City and Waco, Inc., to increase the contract amount by an additional
$75,000.00, Dr. Cutler questioned the status of the project and Mayor Smith
questioned what the additional costs will entail.
The City Manager advised that expanding the contract to include additional
investigation in the Commonwealth Building is the prime reason for the increase
in costs and called attention to a previous discussion with Council regarding the
need for an investigation of lead abatement in not only the Bankruptcy Court
area, but throughout the entire building.
Council Member Bestpitch questioned the process in regard to making a
long term commitment for any usage of the Commonwealth Building, as opposed
to the possibility of converting the building to accommodate the downtown
public library.
The City Manager advised that no long term leases will impact the City's
ability to use the building for library purposes; Council may direct City staff to
ensure that any future leases are executed for a short period of time, or on a
year to year basis, in order to keep all options open; staff has advised the library
consultant to evaluate the Commonwealth Building for suitability as a potential
library location; and nothing done to this point would negate a different use of
the building in the future. She stated that no cost estimate has been submitted
to Council for lead and asbestos abatement which will be known upon
865
completion of the study; Amendment No. 2 to the contract with Waco, Inc., will
authorize sufficient funding to enable completion of the analysis; and the City
will soon be under contract for renovation work for the Bankruptcy Court
expansion.
Mr. Bestpitch made the observation that lead and asbestos abatement
needs to be done in any event, the library evaluation is in progress with an
option to utilize the Commonwealth Building, and the City is making a major
investment to renovate the building for the Bankruptcy Court which would seem
to argue against using the building for library purposes in the future. He added
that now is the time to think about the feasibility of spending a significant
amount of money on a renovation that may be in place for onlya short period of
time, as opposed to not waiting until a situation occurs where options that the
Council may want to consider have been closed.
Dr. Cutler stressed the importance of keeping all options open for use of
the Commonwealth Building for library purposes.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NORFOLK SOUTHERN CORPORATION: Dr. Cutler inquired as to how the City
could support the Heartland Corridor project of Norfolk Southern; whereupon,
the City Manager advised that letters were forwarded by the City Manager and
the Mayor in support of the project and Council will be advised if other actions
are necessary.
Dr. Cutler questioned if the City administration knows what will be needed
in terms of the intermodal facility; whereupon, Mr. Fitzpatrick stated that if it is
to be an up to date, modern facility, there is likely no place in the City of
Roanoke where it could be located; the facility most likely would need to be
located somewhere along the main line where a train could be pulled in to off
load and on load containers without changing the train; and the railroad has
looked throughout the Roanoke Valley for quite some time, without success, for
a location within the urban core of the City.
There was further discussion in regard to the east end shop property and
its potential future use should the railroad decide to de-access some of the land;
whereupon, the Mayor stated that the City should be ready to seize any
opportunity for potential use of the property.
866 -
Council Member Fitzpatrick advised that the tracks that run parallel to
Shenandoah Avenue are currently active yard tracks and although the railroad
has stopped using some parts of the interior of the yard, it is still a major hub
and there is no indication that the railroad wants to change its operation.
Vice-Mayor Harris entered the meeting.
HOUSING/AUTHORITY: Council Member Cutler inquired if the City Manager
wished to make comments regarding sites for the Housing Design Competition;
whereupon, the City Manager advised that a list of City properties, as well as
private property will be forwarded to Council; City properties and Roanoke
Redevelopment and Housing Authority properties were identified; several private
developers were contacted who had expressed a willingness for the City to
promote their property on the website; the City would prefer that the sites
represent a broad spectrum of neighborhoods, although there is some interest in
concentrating in the immediate downtown area and adjacent areas; and
opportunities will continue to be explored prior to the deadline for designation
of specific sites. She further advised that there is an interest in having sample
sites available on the City's website so that as the description of the competition
is rolled out there will be an opportunity to reflect on the kinds of neighborhoods
where housing design will occur; as competition proceeds and is unveiled there
will be a need to be site specific; and other opportunities such as those
properties that are identified for auction for delinquent taxes will be considered.
She stated that no specific request for funding has been submitted to the City to
this point; a number of other activities will be associated with the project which
include housing arrangements for architectural students who win the design
competition and visit the City next summer in connection with the actual building
of the structure(s); and the selection jury will convene in the City of Roanoke,
although full membership has not been identified at this time.
Later during the meeting, the City Manager distributed copies of City
properties which are suggested to be included on the website. She stated that
before such properties are made available for housing design construction,
Council will be requested to take specific action following a public hearing.
ROANOKE ARTS COMMISSION/ART ACQUISITION: Dr. Cutler called attention
to the issue of the Unity Sculpture and the proposed location in which he noted
that the Roanoke Arts Commission has selected one site and the artist prefers
another site; whereupon, he inquired if there is a solution to the situation.
867
The City Manager advised that she suggested to the Chair of the Roanoke
Arts Commission that he formally bring the site recommendation of the Arts
Commission to Council; a site subcommittee of the Roanoke Arts Commission is
reviewing a possible alternative site in Elmwood Park; the Roanoke Arts
Commission will suggest that the site be held for a certain period of time while
fundraising for the Unity Sculpture takes place, however, it would appear that any
person making a contribution would want to know the location of the Unity
Sculpture prior to making a donation; and the location of the sculpture is a
decision that only Council can make. Without knowing the specific site location
in Elmwood Park, she expressed concern in regard to the City's ability in the
future to make a decision regarding the relocation of the main library.
Council Member Fitzpatrick called attention to the potential of a conflict of
interest in terms of funding; and the Chair of the Roanoke Arts Commission
should understand that the artist is raising the money for the project which
makes it different from other kinds of City projects.
Vice-Mayor Harris called attention to the importance of City staff reviewing
the proposal of the Roanoke Arts Commission before it is presented to the
Council.
The City Manager advised that a City staff liaison (Laurie Wood) has been
assigned the responsibility of working with the Roanoke Arts Commission to
address such issues as the process of funding, a staff position that was
requested in conjunction with the Public Art Plan, and the Unity Sculpture.
COMMITTEES/COMMUNITY PLANNING: Dr. Cutler called attention to the
importance of City of Roanoke representation on the Metropolitan Planning
Organization as the organization grows, and the importance of Metropolitan
Planning Organizations along I-8! working together.
MUNICIPAL BUILDING-DISABLED PERSONS: Council Member Bestpitch
inquired as to what has been accomplished by restricting accessibility to the
Noel C. Taylor Municipal Building, to the main entrance on Church Avenue, S. W.,
compared to the inconvenience of citizens and employees by not being allowed
to use other entrances and exits, particularly the Second Street ramp to the north
part of the building. He stated that all persons should feel welcome in the
Municipal Building, regardless of their station in life, if they have business to
conduct, but at the same time the Municipal Building should not be a hangout for
people who do not have business to conduct and are simply passing through. He
stated that by the time the doors are unlocked to the Municipal Building in the
868 -
morning, those persons who have legitimate City business to conduct should be
provided with more convenient ingress and egress to and from the building,
particularly those with disabilities; therefore, he suggested that consideration be
given to making access to the Municipal Building more convenient for citizens,
particularly those with disabilities.
Council Member Wyatt expressed concern with regard to difficulty entering
the Municipal Building during evening hours; providing only one entrance/exit to
the building creates a safety issue, as well as an inconvenience to employees and
citizens; and the Municipal Building has become a user unfriendly facility.
The Mayor spoke in support of having a secure Municipal Building, while
not creating an inconvenience to citizens and employees.
The City Manager advised that the process began with the initiation of
identification badges for City employees prior to the September 11,200! event;
concerns were expressed by City employees who had encountered unauthorized
persons in their work areas; following the September 11 event and as the country
went to various levels of security, the City was advised by local law enforcement
authorities that there were too many access points to the Municipal Building,
therefore, an attempt was made to reduce the number of entry/exit areas; in the
case of emergencies, all doors open outward and an alarm is sounded; and the
goal was to reduce the number of access points so as to have a better
understanding of who is in the Municipal Building. She advised of plans to
implement a key card type system to record persons entering the building; the
handicap entrance on Second Street has remained open and is used by
handicapped persons; it was proposed to construct a ramp on the Church Avenue
side of the building, but the proposal was discarded due to lack of support by
the Mayor's Committee for People with Disabilities; and the Second Street ramp
leading to the north side of the Municipal Building has not been opened
inasmuch as the Registrar's Office is primarily the only occupant on the first floor
of the building. She advised of plans to install a handrail in the middle of the
Church Avenue steps for safety purposes, and called attention to other
suggestions for improved security that were offered, but not implemented such
as barricading parking areas.
Ms. Wyatt addressed the matter of persons who smoke in the vicinityofthe
Church Avenue main entrance to the Municipal Building which looks unsightly
and creates a congested area. She suggested that a smoking area be established
somewhere out of view by the general public.
869
Mr. Bestpitch inquired as to what action would be required in order for all
doors to the Municipal Building to remain open; whereupon, the City Manager
advised that it would involve removing the alarms; however, she expressed
concern in doing so because the north side of the Municipal Building is sparsely
occupied at this time since the Social Services Department relocated to the Civic
Mall on Williamson Road.
Mr. Fitzpatrick encouraged the opening of the Second Street side to the
Municipal Building first and that Council be advised if any problems or
threatening situations occur.
The Mayor called attention to what could be considered an unsafe working
area due to the location of the Office of the Assistant to the Mayor on the fourth
floor of the Municipal Building.
Mr. Harris moved that the Second Street entrance to the Municipal Building
be opened on a trial basis, with a report to Council in 60 days. The motion was
seconded by Mr. Fitzpatrick and adopted.
SISTER CITIES: The Mayor advised that a delegation from Wonju, Korea,
Roanoke's Sister City, will visit the City of Roanoke from May 12-16, 2004, and
the Sister Cities Committee has requested that a lunch or dinner be hosted by
the City in honor of the 40'h Anniversary of the Roanoke/Wonju Sister City
relationship.
Following discussion, it was the consensus of Council to host a 40'h
Anniversary Dinner in honor of the Roanoke/Wonju Sister City relationship on
Friday, May 14, 2004, at The Hotel Roanoke and Conference Center.
BRIEFINGS:
STATE HIGHWAYS: The City Manager introduced a briefing on Interstate
581/U. S. Route 220 Visual Improvement Landscape recommendations.
Robert K. Bengtson, Director of Public Works, advised that:
The City of Roanoke and the Virginia Department of Transportation, along
with Virginia Tech's Community Design Assistance Center, planned a
"gateway" into and through the City of Roanoke.
870 -
· The conceptual master plan includes landscape improvements along the ten
miles of 1-581/U. S. Route 220 and at each interchange.
· The City's desire is to visually enhance the corridor while VDOT wishes to
reduce the maintenance of existing lawn areas.
Planning includes a "reforestation/meadow" approach since typical planting
beds would not work well in this particular corridor, due to the large size and
scale of corridor and interchanges, and includes the following types of
landscaping:
Forest Stable, Iow maintenance ecosystem
Meadow Long grasses and wildflowers to be mowed once per year
Pastoral landscape groupings of trees in a mowed lawn (most
expensive to build and maintain)
Lawn Verge - Edge of grass maintained along the road
Interchange designs would use these types of landscaping in combination to
create a series of forested nodes with a variety of pastoral and meadow
schemes; and the lawn verge would occur at all locations to tie the design
together.
· In an effort to achieve a more immediate visual impact, plans were modified
to add formal planting areas within the design at appropriate locations.
· Corridor design also identified approximately 12 critical areas where
enhancement or screening of views from the corridor would be beneficial.
Council Member Cutler inquired as to whether a proposed budget has been
prepared and a description of the role and responsibility of each of the partners
in the project; i.e.: the Virginia Department of Transportation, the City of
Roanoke, Valley Beautiful, businesses, etc; whereupon, Mr. Bengtson advised that
at this time, the City will not have a role in the maintenance of any of the areas
along 1-581, the approach being that VDOT will maintain the reforested areas,
meadow areas and pastoral landscape clusters of trees, with a five year
commitment by the person or business committing to a specific area, the cost of
which would vary from interchange to interchange.
871
The City Manager advised that the City's Volunteer Coordinator has
prepared a formal Volunteer Program and expressed an interest in encouraging
businesses, individuals, etc; to adopt a spot, or street, or formal flowered area,
and commit to the five year maintenance of the area once plantings are
completed. She also advised that this kind of need was indicated in the City's
Long-Range Transportation Planning process.
From a business point of view, the Mayor stated that a five year
commitment might meet with some resistance by the business community
because businesses have varying degrees of successful years.
There was discussion in regard to maintenance in which it was noted that
City Jail inmate crews currently handle some of the road side maintenance.
Ms. Wyatt advised that as the first 1-58! exchange is completed, a
ceremonial event should be held to call attention to enhancements and to point
out that any person convicted of littering will be prosecuted to the fullest extent
of the law.
Mr. Fitzpatrick supported the recommendations and agreed that the City
should ask businesses for a five year commitment, but ifa five year commitment
is not feasible, the City should be amenable to a two year commitment; and
Valley View Mall will be affected by two 1-58! interchanges, therefore shopping
center officials should be contacted in regard to participating in the program. He
called attention to a recent article that appeared in The Roanoke Times
concerning a citizen who wishes to plant and maintain trees at various locations
on 1-58! and suggested that the City offer its support.
Mayor Smith suggested that the City obtain awritten commitment from the
Virginia Department of Transportation regarding 1-58! entrances/exits to the
City, volunteers, safety issues, etc. He stressed the importance of providinga
good visual impression for those persons traveling the 1-58! gateways to the
City.
Mr. Bestpitch moved that the City Attorney be instructed to prepare the
proper measure to be forwarded to the appropriate officials of the Virginia
Department of Transportation in support of a project initiated by a citizen to
plant trees at various locations along 1-58!. The motion was seconded by
Mr. Fitzpatrick and adopted.
872
At 10:40 a.m., the Mayor declared the Council meeting in recess for a
meeting of the Budget and Planning Committee, to be followed by a meeting of the
Audit Committee.
At 12:00 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., for a joint meeting of Council and
the Roanoke City School Board, with Mayor Ralph K. Smith and School Board Chair
Gloria P. Manns presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and
Mayor Ralph K. Smith ................................................ 7.
ABSENT: None ................................................. 0.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Alvin L. Nash, Robert
Sparrow, Kathy G. Stockburger, David B. Trinkle, Ruth C. Willson and Chairperson
Gloria P. Manns ....................................................... 7.
ABSENT: None ................................................. O,
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; Timothy R. Spencer, Assistant City Attorney; Jesse A. Hall, Director of
Finance; Mary F. Parker, City Clerk; Rolanda B. Russell, Assistant City Manager for
Community Development; and George C. Snead, Jr., Assistant City Manager for
Operations.
Representing the Roanoke City Public Schools: E. Wayne Harris,
Superintendent; and Cindy H. Lee, Clerk to the School Board.
Following lunch, the business session convened at 12:40 p.m.
SCHOOLS-HEALTH INSURANCE STIPEND FOR RETIRED TEACHERS:
Council Member Wyatt advised that for some time retired teachers have tried
to obtain a State stipend of $75.00 to be used toward the cost of health insurance,
which is available provided that the locality will fund an additional $30.00, and
amounts to approximately $213,000.00 per year from the City of Roanoke.
873
Superintendent Harris called attention to two health insurance options
currently available to retired school employees; one option is provided through the
Virginia Retirement System to all school employees who are retired under the
State's retirement system; the second is a health insurance option which is offered
through the City of Roanoke for City employees; because transportation, food
service, maintenance and custodial employees are employed by Roanoke City
Schools, but are participants in the City's retirement system, one system cannot be
discussed without the other; if the School Board were to approve a credit toward
health insurance for retired employees, it would also be appropriate to provide the
same insurance credit for those school employees who participate in the City's
retirement system and the cost would be more than the $213,000.O0 per year
referenced by Ms. Wyatt. He explained that currently those employees who are
members of VRS receive an automatic health insurance credit of $2.50 per month
for each year of service up to a maximum of $75.00 per month, or $900.00
annually from the State; an additional amount of $30.00 per month, or $:1,260.00,
annually could be received by retirees if approved by the School Board toward
health insurance costs; there is no question that health insurance premiums have
increased dramatically over the past several years; however, the impact to the
School budget of providing $30.00 per month, or $:1,260.00 annually, toward the
credit that retirees currently receive would amount to approximately $226,879.00
which would be a recurring cost that would continue to escalate as the number of
employees increase. He noted that :[6 school districts out of 133 have approved
the option; most of the school districts that have approved the optiOn are small
jurisdictions and have small numbers of retirees; from the Roanoke area, only the
Counties of Botetourt and Craig and the City of Salem have approved the option;
and across the Commonwealth of Virginia, most large school districts do not"
provide the credit due to recurring costs. In reviewing the City's health insurance
credit, he advised that $206.25 per month, or $2,475.00 annually is provided
toward the cost of health insurance for retired employees; and it would cost the
school system an additional $62,700.00 for the next fiscal year added to the
$226,879.00. In preparing past fiscal year budgets, he stated that the request was
viewed as aworthy benefit, but other issues have competed for funding, therefore,
no recommendation has been made to the School Board.
874
The City Manager stated that the split between employee groups into
different retirement systems is unusual and is not the norm in the Commonwealth
of Virginia; and school districts in Virginia are required to participate in the VRS
system and do not have the option that the City of Roanoke and nine other
communities have chosen; i.e.: a private retirement system. She inquired as to why
there are classified employees in one retirement system versus the other, should
the policy continue for the future, and does the matter warrant review by staff.
Dr. Harris advised that with two retirement systems, other issues in addition
to insurance benefits are affected; the City's retirement system is a better system
than VRS in terms of final retirement benefits and he did not know the background
for two retirement systems.
Chairperson Manns advised that the question is, does two retirement systems
make sense, and is there a need to change the structure in the future. The City
Manager advised that the City administration would be willing to work with the
School administration to study the issue.
Dr. Harris advised that Richard A. Kelley, Assistant Superintendent, can
provide historical data on how the two retirement systems evolved and report back
to the School Board and the Council.
CONSOLIDATION OF CITY/SCHOOL PROCESSES; I.E.: PURCHASING, HUMAN
RESOURCES AND HEALTH CARE:
Dr. Cutler spoke to the merits of consolidation of processes such as
purchasing, human resources and health care. He referred to an earlier discussion
as a part of the Audit Committee meeting with regard to mowing operations on
school grounds and inquired if mowing and playground maintenance operations
could be consolidated for the mutual benefit of the City and the Schools. He
suggested that there be some form of bench marking to determine how the issue is
addressed by other localities.
Dr. Harris advised that other cities engage in a number of joint projects;
whereupon, he called upon Dr. CrystaI-Cregger, Supervisor of Procurement and
Manager of Purchasing and Contract Services, to address the issue.
875
Dr. Cregger advised that meetings have been held by City/School staff to
identify areas of consolidation of services such as motor fuel for the automotive
fleet, towing services, and office supplies, and the City of Roanoke is working with
the City of Lynchburg to consolidate the fuel contract which will lead to more
buying power for the localities.
Dr. Harris advised that the School system is also working with the City on a
joint minority businesses enterprise conference which will be held in June, 2004.
Dr. Cutler advised that the Municipal Auditor presented athorough report on
playgrounds, periodic inspections and certification of persons who perform
inspections and operate motorized equipment, in order to maintain the parks and
playgrounds, and the importance of ensuring that playground equipment is in good
working condition. He inquired if there is an interest in exploring joint City/School
participation in the inspection of playground equipment/facilities; whereupon, Dr.
Harris advised that the suggestion could be further explored.
Mayor Smith questioned the need for both City and School staff to engage in
mowing operations. He also questioned why one entity can perform the service at a
lesser cost than the other; and the least expensive method should be used by both
entities. He also questioned the need for mowing equipment by both the City and
the School system and advised that he would look to the City Manager and the
Superintendent of Schools for a recommendation on the most cost efficient manner
to approach the issue.
George C. Snead,Jr., Assistant City Manager for Operations, advised that the
Schools propose to use part-time summer employees for mowing purposes, in
addition to purchasing mowing equipment; the City's proposal to the Schools,
which was more expensive than the Schools estimate, called for using current City
employees, purchasing a new piece of equipment, mowing at 15 sites at a
prescribed contract frequency, with the ability to mow with more frequency, if
necessary, at certain sites.
Dr. Harris added that the City requested the School system to purchase a
mower at a cost of $62,000.00 and the School system is of the opinion that if it
purchases the equipment, part time school employees could be used and it would
be more economical for the School system to handle its own mowing. Mr. Snead
clarified that when the mowing contract was entered into, the School system
purchased two pieces of equipment for park maintenance, which enables the
mowing of a 16 foot swarth of grass leading to greater efficiency because larger
areas can be mowed at one time.
876
Dr. Harris advised that the School system will continue to work with the City
administration on areas of joint cooperation.
In response to an inquiry regarding savings, if any, through a joint health
insurance plan for City and School employees, Dr. Harris called on Paul Britt,
Executive for Human Resources, who advised that meetings of City and School staff
have been held to discuss a combined health insurance plan and a joint health
clinic for City and School employees. He advised that the feasibility of combining
health insurance plans for all City and School employees under asingle health plan,
thereby reducing cost, was discussed; and discussions focused on two particular
areas: a comparison of current health insurance plans and an employee health
clinic; an analysis of the health insurance plans revealed certain obstacles would be
encountered in order to provide for a single health insurance plan for City and
School employees due to the differences in the two plans; and timing is also an
issue in terms of how to unite under a single plan for both organizations. He
stated that on October 1, 2003, the School system reduced its health plan to a
single plan design option, because the School system was facing a 30 per cent
increase in costs, which would have resulted in a net of about $2 million for School
employees and $2 million for the School budget.
Mr. Britt further advised that the second issue centers around the employee
health clinic; currently Roanoke City operates its own health clinic which is located
on Kirk Avenue, S. W., in downtown Roanoke and is similar to the School facility
which is located on Ferncliff Avenue, N. W., where minor injuries are treated,
physicals are performed, along with drug screening. He stated that if both facilities
were combined, a more centralized location would be needed in order to serve the
large number of patients that would be seen through a joint venture for both
Roanoke City and the Roanoke City Public Schools. He stated that to combine both
organizations under one health plan at this time is not believed to be cost
effective, both plans would be required to undergo major changes, especially in
view of the decision in October to unite School employees under one health plan.
He further stated that combining the health clinics of both organizations could be
beneficial, with on staff physicians that would lead to a reduction in the number of
trips to a regular physician's office; and the feasibility of combining the health
insurance plans of the City and the School System should be studied further in the
next three to five years.
877
In clarification, Dr. Harris advised that on October 1, 2003, the Roanoke City
Public Schools switched from providing two health care options from which School
employees could choose, to one, thus providing a more comprehensive health
insurance plan at a reduced cost, therefore, he would hesitate to recommend any
changes at this time; however, a joint health clinic for the two entities could be
pursued by City and School staff.
The City Manager advised that thinking long term, it would be to the benefit
of the City and the Schools to have health insurance plans that are more
comparable, then look at the issue of consolidation, etc, and timing is an important
issue to be considered.
STATE BUDGET:
The City Manager advised that on Tuesday, April 6, 2004, Senator John S.
Edwards and Delegate Onzlee Ware will jointly sponsor a public forum in the
Auditorium at William Fleming High School to seek public comments on the status
of the State budget. She stated that the School Board will also be in session at
William Fleming High School at the same time and encouraged the School Board,
staff, parents and other interested parties to let their views be known at the public
forum.
PATRICK HENRY HIGH SCHOOL RENOVATION PROJECT/CITY DEBT CAPACITY:
Vice-Mayor Harris advised that at the Budget and Planning Committee
meeting which was held earlier in the day, Council was briefed by the Director of
Finance on capital projects in the context of the City's debt policy. He stated that
the bottom line is that the City has planned for William Fleming High School
improvements and to partner with the School Board in servicing of the debt, but
the caveat is, if there is a significant cost overrun, the City will be in a problematic
situation relative to other projects that are currently on the drawing board, and
speaking as one Member of Council, he would not be in favor of shifting the City's
debt policies to accommodate debt. He added that it is important to remember
that the City accommodates its debt to debt policies, and not vice versa, which has
allowed the City to maintain its AA bond rating as referenced by the City's bond
rating agencies in their reports at the time of financing or refinancing of bonds.
Vice-Mayor Harris called upon the Director of Finance to present a summary
of the briefing that was presented to Council at a meeting of the Budget and
Planning Committee.
878
The Director of Finance advised that:
The debt policy was initially adopted by Council in September, 1999, and
updated in April 2003; the Government Finance Officers Association "best
practice" was developed to establish parameters for issuance of debt, to
outline the purposes for which debt may be used, to establish monitoring
tools to enable bench marking of debt internally and in comparison to other
similar localities, and to demonstrate a commitment to long range financial
planning; and the policy was developed in coordination with the City's
financial advisor, BB&T Capital Markets, and in communication with the
Municipal Bond Rating Agencies: Moody's, Standard and Poor and Fitch.
Components of the Policy include:
Introduction
Guidelines for Debt Issuance
Limitations on Level of Debt to be Issued and Outstanding
Self-Imposed Debt Targets
Types of Debt Issuance
Advance Refunding of Debt
Investor Relations, Disclosure and Communication
Debt service fund balance
Definitions
Planned Bond Issues Tax Supported:
Fiscal year 2005
Lincoln Terrace Elementary School -
Police Building Phase II -
Fire - EMS Facilities -
Art Museum/IMAX Theater -
Riverside Centre for Research and Technology -
Patrick Henry High School -
$1,300,000.00
$6,670,000.00
$4,431,000.00
$3,700,000.00
$ 5,400,000.00
$39,275.00'
Fiscal year 2006
Patrick Henry High School -
Elementary School Additions -
$7,500,000.00'
$4,700,000.00
879
*The total to be issued for Patrick Henry High School between FY05 and
FY06 is $46,775,000.
Planned Bond Issues-Tax Supported:
Fiscal year 2007
Elementary School Additions - $2,000,000.00
Fiscal year 2008
Multi Purpose Recreation Center -
Fire - EMS Facilities -
Flood Reduction Project-
William Fleming High School -
$7,000,000.00
$4,400,000.00
$ 5,000,000.00
$37,275,000.00'
Fiscal year 2009
William Fleming High School - $7,500,000.00'
*The total to be issued for William Fleming High School between FY08 and
FY09 is $44,775,000.00.
Assumptions on Debt and Funding of Debt Service
Tax supported debt includes general obligation bonds, VPSA bonds,
QZABs, Literary Fund Loans and capital leases; future General
Obligation and Virginia Public School Authority bonds were amortized
using level principal and an interest rate of five per cent in 2005 and
six per cent in years beyond 2005; future Literary Fund Loans were
amortized at an interest rate of three per cent; all debt amortized over
20 years.
Funding for debt service increases based on the following assumptions:
Increased funding of debt service of an additional $570,000.00 per
year through fiscal year 2009
Dedication to debt service funding of incremental increases in EMS
fees through fiscal year 2007.
88O
Future City and School Debt Service:
15.000
o 10.000
0
5.000
o
0.000-
:hool Paid
J[]City Paid by City ISchool Paid by City lSchool Paid by School I
Ratio of Debt Service
(10%)
to General and School Fund Expenditures
City School
Projects Projects Overall
· FY 2001 4.2% 2.4% 6.6%
· FY 2002 4.1% 2.3% 6.4%
· FY 2003 5.9% 3.0% 8.8%
· FY 2004 4.7% 2.5% 7.2%
· FY 2005 4.6% 2.7% 7.3%
· FY 2006 5.1% 3.9% 9.0%
· FY 2007 4.8% 4.0% 8.8%
· FY 2008 4.5% 3.9% 8.3%
· FY 2009 4.8% 4.9% 9.7%
· FY 2010 4.5% 4.8% 9.3%
Note: Assumes annual expenditure growth of 4%
881
Debt Service Compared to General and School Fund Expenditure 10% Limit
(In millions)
40.000
35.000.
30.000.
25.000.
20.000 .
15.000 ·
10.000 ·
5.000
Future Debt Service
10%of Ex
Ratio of Net Bonded Debt to
Assessed Value of Real Estate (5%)
City School
Projects Projects Overall
· FY 2001 2.0% 1.6% 3.6%
· FY 2002 2.8% 1.7% 4.5%
· FY 2003 2.5% 1.5% 4.0%
FY 2004 2.2% 1.5% 3.7%
· FY 2005 2.4% 2.2% 4.6%
· FY 2006 2.1% 2.3% 4.4%
· FY 2007 1.8% 2.1% 3.9%
· FY 2008 1.9% 2.6% 4.5%
· FY 2009 1.6% 2.4% 4.1%
· FY 2010 1.4% 2.2% 3.6%
Note: Assumes growth of 4% in assessed value of real estate.
882
Net Bonded Debt Compared to 5% Limit Future Assessed Value of Real
Estate
400,000
350,000
300.000
250.000
200.000
150.000
100,000
50,000
0.000
Future Outstanding Debt
· 5% of Real Estate
(in millions)
Reduction of Aggregate Debt within Ten Years (50 per cent)
(Reflects Issuance of Planned Future Debt)
City Schools Overall
FY 2004 74% 70% 72%
FY 2005 72% 67% 70%
FY 2006 75% 64% 70%
FY 2007 77% 71% 74%
FY 2008 76% 62% 68%
FY 2009 79% 68% 73%
FY 2010 83% 71% 76%
Question was raised as to whether the $3.7 million for the Art Museum/IMAX
Theater will be needed in fiscal year 2005; whereupon, the City Manager advised
that the Executive Director states that the funds will not be needed until after
July 1, 2004.
883
Ms. Wyatt inquired about future and pending major projects that are not
currently included on the list of capital projects; whereupon, the City Manager
advised that as a result of the library study there is an expectation that some
improvements will be needed to the library, whether it be renovation of the
Commonwealth Building or other improvements; the Parks and Recreation Master
Plan calls for two multi-purpose centers, as well as other improvements such as
historic buildings (i.e. taking recreation programs out of buildings like Mountain
View Recreation Center in order to preserve the facility); additional fire stations that
are planned as Phase II and Phase III that will include a new fire station in the
Williamson Road area because it is expected that the Airport will take over the fire
station currently located at the Airport to be used strictly for Airport purposes; and
storm water management, with the expectation that the function will be user fee
generated.
There being no further business, at 1:30 p.m., the Mayor declared the
meeting of Council in recess until 1:35 p.m., in the Council's Conference Room,
fourth floor, Noel C. Taylor Municipal Building; and Chairperson Manns declared
the meeting of the School Board adjourned at 1:30 p.m.
At 1:35 p.m. the Council meeting reconvened in the Council's Conference
Room, forth floor, Noel C. Taylor Municipal Building, for a briefing on the Housing
Strategic Plan, with all Members of the Council in attendance, except Council
Members Fitzpatrick and Dowe, with Mayor Smith presiding.
HOUSING/AUTHORITY: The City Manager recognized Michael Etienne,
Director of Housing and Neighborhood Services, for a briefing on the Housing
Strategic Plan.
Mr. Etienne advised that:
The Comprehensive Plan, Vision 2001-2020, calls for a Housing
Strategic Plan.
The Plan will serve as a City wide goal and policy document for the
development of a diversity of housing choices.
The consultant team consists of K. W. Poore and Associates, with 25
years of project management, general planning services and
facilitation experience; and Development Strategies, Inc., with 35 years
of market analysis, survey research and marketing advice.
884
· Intended outcomes of the Housing Strategic Plan include:
To identify opportunities for the development of suitable housing in
strong neighborhoods.
To provide guidelines for residential investors and builders.
To identify strategies to provide a diversity of housing choices for diverse
households and lifestyles.
To provide recommendations on how to reduce concentration of poverty,
Iow-income housing, and encourage mixed income neighborhoods.
To promote market-rate and upscale housing City-wide.
· The facts are:
There is a steady population decline
There is a Iow per capita income compared to the region
There is a high concentration of poverty
There is aging housing stock and neighborhoods
There is a high concentration of Iow-income housing and
vacant units
There is Iow median house value
There is Iow home ownership rate
There is a lack of steady supply of market rate and upscale housing.
Regional Population Trend, 1990- 2000
Cityl Salem /3 ~%
Roanoke -t.6%1
lB Percent Change
[oanoke C ,unty l/8'2ye
iotetourt ( nunty
-5.0% 0.0% 5,0% 10.0% t5.0% 20.0% 25.0%
City o
886 --
Per Capita Income Comparison
Chart 5: Per Cal~tn Income Comlmrison Roanoke/VISA
(in constant 2000 Dollars)
$24,637
$19,
USA
MSA Botetour~ Roanoke County Roanoke City
County
[.~ =20oo1
Salem City
Concentration of Poverty, 2000
6
0
Persons Below Poverty Level, 2000
4.5%
15.9%
6.6%
Botetourt
County
County
City of City of Salem
Roanoke
oo,7
Aging Housing Stock, 2000
Botetourt Roanoke City of City of
County County Roanoke Salem
(12,571) (36,121) (45,257) (10,403)
1990 to 2000 3,132 5,592 2,817 1,118
1970 to 1 989 4,731 16,663 9,451 3,207
1940 to 1 969 2,950 11,997 23,490 4,882
1 939 or earlier 1,758 1,869 9,4.99 1,196
Subsidized and Vacant Housing, 2000
Subsidized Housing -- Public & Section 8
*0 0%
0 O%
83 (3°/4
2,673
(97%)
mm B0tet0urt County
· Roanoke County
B City of Roanoke
[] City of Salem
23.9%
Percent of the Region's Total Vacant Units
14.5%
BofeMurt Roanoke City of City of
County County Roanoke Salem
888
House Value, 2003
House Value City of Roanoke
Less than $50,000 15.9%
$50,000 - 79,999 34.0%
$80,000- 99,99926.6%
$100,000 - 124,999 11.0%
$125,000 and over 12.5%
Homeownership Rate, 2000
Homeownership Rate, 2000
88%
68%
Botetourt Roanoke City of
County County Roanoke
City of Sale rn
890
Diversity of Housing Choices, 2003
Figure 7
$125K to $175K
P~rcent of Unit. Sold in 2003 by. Price Range
City of Roanoke
· Input by Stakeholders:
Key Impediments to Developing Upscale Housing:
Negative perception of the public schools
Aging housing stock and infrastructure
Lack of available land for new construction
Lack of housing diversity and supply
Poor marketing of the City
891
· Possible Solutions:
Perception of the City as a whole needs to change
City may need to re-focus its housing incentive programs
Provide incentives for developers and high-end buyers
Focus on developing market-rate housing, while improving the qualityof
Iow to moderate income housing.
· Current Initiatives to Reverse the Trends:
Denying Low Income Housing Tax Credit proposals desiring to continue the
concentration of Iow-income housing in the City
Soliciting development proposals for City-owned properties to promote
mixed-use, higher-end housing
Providing pre-development financing and infrastructure assistance to
market-rate housing developers
Sponsoring a national Housing Design Competition
Exploring ways to creatively use Community Development Block Grant funds
to promote the development of high-end housing
Revitalizing inner-city neighborhoods by adding additional amenities that
will raise property values and ultimately attract higher-income residents to
those neighborhoods
· Project Approach:
The Planning process is divided into three phases:
Phase One: Housing Market Research
Analyze conduct focus group meetings to identify attitudes and
perceptions
892
Assess the competitive regional housing market data
Advantages/disadvantages of Roanoke compared to the region
Identity "market niches" that Roanoke's neighborhoods serve
Phase Two: Strategic Planning
Develop neighborhood improvement programs
Long term strategies to promote the City's housing stock and
neighborhoods
Long term strategies to develop upscale housing
initiatives to improve Roanoke's competitiveness within the region
Phase Three: Adoption by Council
Public I~articipation will be included in all three phases
Project Schedule
MARKET RESEARCH
STRATEGIC PLANNING
:OUNCIL
The Steering Committee is composed of the following:
Roanoke City Council:
Alfred T. Dowe, Jr.
Linda F. Wyatt
Roanoke City School Board:
Alvin L. Nash
City Planning Commission:
Paula Prince
Board of Zoning Appeals:
Joel Richert
City Staff:
Beth Neu
Brian Townsend
Mike Etienne
Rolanda Russell
Roanoke Redevelopment and Housing Authority:
Ben Fink
John Baker
Roanoke Neighborhood Advocates:
Shirley Bethel
Roanoke Valley Association of Realtors:
Kit Hale
Downtown Roanoke, Inc.
David Diaz
Homebuilders Association:
Amy Kelderhouse
Regional Housing Network:
Laura Benjamin
893
894
Regional Planning Commission:
Eddie Wells
Industrial Development Authority:
Gordon Hancock
It was noted by a Member of Council that some persons might say that the
City is attempting to position Iow income persons out of their traditional
neighborhoods; whereupon, Mr. Etienne responded that the goal is to provide
diversity in neighborhoods by not concentrating one income group or race in a
neighborhood.
An observation was made by a Member of Council that the City should
constantly look for ways to promote home ownership because the number one way
for most Iow income persons to build wealth in their personal life is through home
ownership.
ACTS OF ACKNOWLEGEDMENT:
The City Manager advised that the City of Roanoke will be recognized as one
of America's Most Liveable Communities at an event to be held on Tuesday, April
20, 2004, at the National Press Club in Washington, D. C. She stated that the
award is presented to five small cities in the United States by Partners for Liveable
Communities, a nonprofit organization, in recognition of those communities that
are attempting to develop their localities in a creative economy and taking major
strides to prepare for the new global economy. She inquired as to whether Council
would like for staff to coordinate a local celebration for Roanoke's citizens
following the event.
It was the consensus of Council to hold a community celebration at a later
date.
· The Council meeting was declared in recess at 1:55 p.m., to be reconvened
at 2:00 p.m., in the Council Chamber.
At 2:00 p.m., on Monday, April 5, 2004, 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.
895
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr. (arrived
late), and Mayor Ralph K. Smith ...................................... 7.
ABSENT: None ............................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy R. Spencer,
Assistant City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Richard Mallory,
Pastor, Morgans Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the
month of April 2004, as Scottish American History and Heritage Month.
PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a
proclamation declaring the month of April 2004, as Fair Housing Month.
PROCLAMATIONS-COMMUNICATIONS DEPARTMENT: The Mayor presented a
proclamation declaring the week of April 11 - 17, 2004, as National Public Safety
Telecommunicator's Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately.
896
ROANOKE MEMORIAL HOSPITALS-DONATIONS/CONTRIBUTIONS-CITY
PROPERTY: A communication from the City Manager advising that pursuant to
requirements of the Code of Virginia (1950), as amended, the City of Roanoke is
required to hold a public hearing on the proposed conveyance of City-owned
property; whereupon, she requested that Council authorize a public hearing to
be held on Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the proposed conveyance of a portion of City owned
property, Official Tax No. 4060502, to Roanoke Memorial Hospital, was before
the body.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................. O.
(Council Member Fitzpatrick was not present when the vote was recorded.)
EASEMENTS-PARKS AND RECREATION-ROANOKE GAS COMPANY: A
communication from the City Manager advising that pursuant to requirements of
the Code of Virginia, 19S0, as amended, the City of Roanoke is required to hold a
public hearing on the proposed conveyance of an easement; whereupon, she
requested that Council authorize a public hearing to be held on Monday, April
19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
proposed conveyance of an easement in Jackson Park to Roanoke Gas Company,
was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: ........................................................ 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
897
EASEMENTS-CABLE TELEVISION: A communication from the City Manager
advising that pursuant to requirements of the Code of Virginia, 1950, as
amended, the City of Roanoke is required to hold a public hearing on the
proposed conveyance of an easement; whereupon, she requested that Council
authorize a public hearing to be held on Monday, April 19, 2004, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the proposed conveyance of
an easement at 111 Franklin Road, S.W., to Cox Communications, was before the
body.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None .................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: A communication from
the City Manager advising that the United States General Services Administration
(GSA) currently leases space within the Commonwealth Building; GSA uses the
second floor of the building for the Federal Bankruptcy Court and affiliated
offices; the current lease expired on January 31, 2004; GSA wishes to continue its
lease of the second floor and to begin leasing an office suite on the first floor as
well; and GSA also wishes to extend the current agreement to allow time to
complete the necessary improvements to the expanded area before executing the
new lease, was before Council.
The City Manager recommended that Council authorize a public hearing to
be held on Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
898
COMMITTEES-SCHOOLS: A communication from Harriet S. Lewis tendering
her resignation as a member of the Virginia Western Community College Board of
Directors, was before the Council.
Mr. Cutler moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
COMMITTEES-YOUTH: A communication from Marion Vaughn-Howard,
Superintendent, Youth Services Division, Parks and Recreation Department,
advising of the resignations of Cheryl D. Evans, Amy R. Barger and Jamaal
Jackson as members of the Youth Services Citizen Board, was before Council.
Mr. Cutler moved that the resignations be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
COMMITTEES-HOUSING/AUTHORITY: A communication from Joseph F. Lynn
tendering his resignation as a member of the Roanoke Redevelopment and
Housing Authority, effective March 8, 2004, was before Council.
899
Mr. Cutler moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith ............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
BUILDINGS/BUILDING DEPARTMENT-COMMI-I-I'EES-GREENWAY SYSTEM: The
following reports of qualification were before Council:
Peter W. Clapsaddle as a member of the New Construction Code,
Board of Appeals, for a term ending September 30, 2008; and
Talfourd (Fourd) H. Kemper, Jr., as a member of the Roanoke Valley
Greenway Commission to fill the unexpired term of Brian Shepard,
resigned, ending June 30, 2004.
Mr. Cutler moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
900
REGULAR AGENDA
SCHOOLS: The Mayor advised that the following persons have applied for
two vacancies on the Roanoke City School Board, for terms commencing July 1,
2004 and ending June 30, 2007:
Dennis M. Binns
Chris H. Craft
Robert R. Craig
David M. Dabay
Roddy L. Hiduskey
Glenda D. Lee
Alvin L. Nash
Samuel Robinson
Linda F. Wright
Linda F. Wyatt
Council Member Wyatt read the following statement:
"STATEMENT OF CONFLICT OF INTEREST
I Linda F. Wyatt state that I have a personal interest in the selection of
persons to be interviewed for appointment to the Roanoke City School Board.
Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from
participation in this matter. I ask that the City Clerk accept this statement and
ask that it be made a part of the minutes of this meeting.
Witness the following signature made this 5'h day of April 2004.
S/ Linda F. Wyatt"
The Mayor stated that on or before April 20 of each year, Council must
select the names of those persons to receive the formal interview for School
Trustee, which interviews will be held on Thursday, April 22, 2004, at 4:30 p.m.,
in the Council Chamber. He advised that the matter will be discussed as a part of
the Council's Closed Session regarding vacancies on boards and commissions.
(See page 51 for further information on this item.)
901
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
AIRPORT-BUDGET: A communication from Jacqueline L. Shuck, Executive
Director, Roanoke Regional Airport, advising that in accordance with
requirements of the Roanoke Regional Airport Commission Contract dated
January 28, 1987, as amended, the Roanoke Regional Airport Commission is
submitting its Fiscal Year 2004-2005 Operating Budget for approval, which
budget was adopted by the Airport Commission at its meeting on March 10,
2004, and includes a separate listing of Capital Expenditures that are expected
to exceed $100,000.00 in cost and are intended to benefit five or more future
accounting periods.
Mr. Bestpitch offered the following resolution:
(#36648-040504) A RESOLUTION approving the Roanoke Regional Airport
Commission's 2004-2005 proposed operating and capital budget, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Bestpitch moved the adoption of Resolution No. 36648-040504. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith .............................................................. 6.
NAYS: None ................................................... 0.
(Council Member Fitzpatrick was not present when the vote was recorded.)
(Council Member Fitzpatrick entered the meeting.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
902 -
AFFIRMATIVE ACTION: The City Manager submitted a status report on
Affirmative Action and Diversity Initiatives of the City of Roanoke for calendar
year 2003.
She advised that as one of the largest and the most ethnically and racially
diverse communities in the Roanoke Valley, it is important for the City of
Roanoke to encourage participation in all employment processes among the
diverse population that it serves; with this goal in mind, the City is focusing on
two diversity related initiatives: increasing the diversity of its workforce and
developing the knowledge and skill base needed for success in a diverse work
environment; and the City's success in accomplishing these initiatives will make
the City of Roanoke a better organization and ultimately help the City to reach
the strategic goals set by the Council.
It was further advised that efforts at increasing workforce diversity are
based on a broad and focused recruitment program; the City continues to forge
relationships and to develop partnerships among City staff, EEO/civil rights
organizations, colleges and universities, sororities, fraternities and other groups
interested in diversity; and progress continues to be made in this area.
It was explained that during 2003, several African-Americans were hired in
two key positions, the Director of Civic Facilities and the Director of Housing and
Neighborhood Services, as well as the Acting Director of Management and
Budget; total employment by department and EEO categories as of December 31,
2003, are detailed in attachments to the report; and since the beginning of 2004,
the City has hired women in the positions of Director of Human Services and as
the Acting Manager of Purchasing, which key appointments, in addition to those
that occurred in 2003, are another indicator of the City's commitment to a more
diverse workforce.
It was further explained that employment data for 2003 shows that 42 of
the 202 new hires (19.7 per cent) and 20 of the 102 promoted (19.6 per cent)
were people of color; while this information is somewhat different from last year,
25.6 per cent and 19.7 per cent respectively, it is important to note that the
number of new hires who are minorities and/or women in the protective service
category increased slightly; Police, Sheriff and Fire/EMS represent 28 per cent of
the City's workforce and each of these departments have promotional systems
that are substantially closed to outside candidates (as is the case with most
903
comprehensive public safety departments nationally); therefore, if the City is to
increase the number of women and minorities substantially in these
departments, it must be done at the entry level and the City is committed to this
effort; and City staff will continue to refine the City's recruiting methods to
accomplish this objective.
It was advised that in May 2003, the Department of Human Resources, in
partnership with the Roanoke Branch of the NAACP, sponsored the third
Recruitment Day; out of 55 attendees, four were ultimately hired, which
represents the highest new hire ratio for this event; the City has established
relations with over ten colleges and universities, as well as participated in a
Technology Job Fair in Richmond that was part of the Mid-Eastern Athletic
Conference (MEAC) basketball tournament; the City continues its recruitment
efforts at military installations and historically black colleges and universities;
however, military base recruitment has slowed due to the current conflict in the
Middle East; the City continues to co-sponsor This Valley Works Job Fair, which
attracts more than 2400 job applicants and 60 employers each year; the
Internship Program continues to attract high-caliber rising college seniors and
ten interns were hired last year, one-half of which were persons of color; as a
part of the Internship Program, the City has forged relationships with the civil
engineering programs at the University of Virginia, Virginia Tech and North
Carolina A&TState University in an effort to place women, or persons of color, in
either a cooperative education arrangement or an internship; the City also
participated in the Minority Job Expo sponsored by The Roanoke Times; and
recruitment initiatives will continue to emphasize building relations with local
groups interested in workforce diversity.
It was stated that the City is making headway in its diversity efforts, but it
needs to take the next step; in a practical sense, ownership of leading diversity
efforts will be moved from Human Resources to an internal Leadership Diversity
Advisory Group; using employee survey data collected by Virginia Tech as a
starting point, the group will work to understand individual and departmental
impediments related to diversity, and advise training staff, Human Resources and
the City Manager concerning diversity programs and policies; in order to improve
the City's ability to recruit more women and people of color, particularly in public
safety positions, the City will continue to refine its efforts to attract more women
and minorities; and using ideas from an advertising company, coupled with
strategies to recruit at different venues, it is the City's intent to attract more
women and minorities to City employment opportunities.
904
In conclusion, the City Manager advised that the City has devised a sound
diversity strategy and is headed in the right direction, particularly in the area of
increasing diversity capacity; the City organization has not been as successful in
regard to hiring more minorities; however, this is a long term commitment that
requires constant attention, and attention and dedication will continue to be
provided which is required to make Roanoke a truly high quality diverse
employer.
Brenda Hale, 3595 Parkwood Drive, S. W., President, Roanoke Branch NAACP,
advised that four years ago, she offered an environment of collaboration in order to
work with the City to improve diversity in the City's workforce; whereupon, she
expressed appreciation to the City Manager for the City's efforts during that time.
She also expressed appreciation for a City administrative team that is not only
talented but diverse, including professionals and other key African-Americans in
higher level management positions. She commended the City Manager on
implementing continued diversity training programs, for fostering an environment
of inclusiveness, and for giving the City's Human Resources Department carte
blanche to further advance collaboration. She also commended the various
programs designed for Roanoke's youth and intern programs that have proven to
be successful with a high degree of African-American participation. She called
attention to areas in need of improvement in public safety (Fire, Police and Sheriff's
departments) which remain under represented by minorities. She stated that the
NAACP remains steadfast in its efforts to make a difference and looks forward to
the fourth annual Recruitment Day on Saturday, May 1, 2004, from 9:00 a.m. to
12:00 p.m., at the Roanoke Civic Center; great progress has been made in the
City's Employee Development Program which provides an excellent venue for
current City employees to advance in their jobs; and the City Manager should be
commended on implementation of an internal leadership diversity advisory group
that will lead to more opportunities to increase the recruitment of women and
minorities in key City positions; and Bennett College which is located in
Greensboro, North Carolina, is excited about future recruiting opportunities that
will be made available to this historic black women's college. She noted that the
Local Chapter of the NAACP remains steadfast in its commitment and looks forward
to the day when a true reflection will include the more than 70 nations that are
represented in the City of Roanoke.
905
Council Member Wyatt advised that when she began her service on Council
ten years ago, one of her major concerns was the lack of female firefighters and
very few police women, none of whom held rank in their departments. She called
attention to progress in the Police Department which now has atotal of 16 women,
both black and white, who have joined the rank and file, but only seven women
have received promotions in the Fire Department. She stated that she has been
advised that standards in the Fire Department have changed and it is almost
impossible for a woman to pass the test for promotion. If that statement is true,
she expressed concern that the City is taking a step backward and requested that
the City Manager determine if the standards for promotion within the Fire
Department have been changed.
Council Member Bestpitch expressed appreciation to Ms. Hale for the
cooperation and involvement of the Roanoke Chapter NAACP during her tenure as
President. He advised that the ownershipofthisinitiativemustbelargerthanthe
City Manager, City officials and City staff and must involve ownership by the total
community in order to be successful. He stated that it is only through the
continued involvement and support of organizations like the Roanoke NAACP that
the City will be successful in its recruiting efforts, because the issue must be
addressed at the entry level within certain City departments, and if people of color
and other minorities do not get the message that they are wanted, that they are
encouraged to apply for City positions and to be part of the City work force, they
will not apply.
Council Member Dowe concurred in the remarks of Ms. Hale and Mr.
Bestpitch and advised that he is personally encouraged by the present direction of
the City. He stated that he could not remember a time when there was as much
diversification at the top level of senior leadership, and he is encouraged by the
continued conscientious efforts displayed by City leadership in regard to
employment and diversity. He expressed concern that in Roanoke, as in other parts
of the country, there is a tendency to focus on two different races; i.e.: white males
versus black males in management positions which is approximately 82 per cent to
ten per cent, however, in service and maintenance areas, the percentage is closer
to 46 - 41 per cent. He asked that the City continue its efforts to cause the
discrepancy to be closer, continue to look for quality people, and to look outside
the two genres of black and white.
906
Dr. Cutler expressed appreciation to the City Manager for her leadership and
to Ms. Hale for her positive attitude and support as President of the Roanoke
NAACP. He inquired as to what extent the Roanoke City School System and the City
of Roanoke have worked together to encourage minority students in the City's
school system to seek employment with the City of Roanoke upon graduation from
high school or college; i.e.: through internships and/or cooperative education
programs.
The City Manager responded that young people in the City's School System
have been encouraged to participate in the City's Internship Program, the goal of
which is to link them psychologically to the City of Roanoke so that when they
graduate from college, they will consider employment with the City, or in local
government in general, because there is a need to attract the best and the
brightest to public service and to expose young people to public service careers.
She stated that a better job should be done to advise young people of the kinds of
careers that are available in the Roanoke community, not just through local
government, but through local businesses as well; and the City is working through
its Economic Development Department with School officials and others to create
mentorships at a much younger age so that young people will be aware of future
employment opportunities in the Roanoke area.
Vice-Mayor Harris echoed the remarks of Council Member Dowe that the
City is moving in the right direction. He expressed appreciation to Ms. Powell for
her leadership as President of the Roanoke Branch of the NAACP and commended
what has been a positive and cooperative relationship with Council during her
tenure as President. He stated that the spirit of cooperation has allowed the City
of Roanoke to move forward on this issue and to successfully address other
challenges.
Mr. Bestpitch moved that the communication be received and filed. The
motion was seconded by Mr. Harris and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ENTERPRISE ZONE: The City Manager submitted a communication
advising that in January 1996, the Commonwealth of Virginia designated an area
within the City of Roanoke as an Enterprise Zone, which zone will expire on
December 31, 2015, and is known as Enterprise Zone Two.
907
It was further advised that a requirement of designation is that the City of
Roanoke will offer certain local incentives, which were set forth in the original
application and subsequent amendments approved by Council; when the zone
was originally designated in 1996, Council appropriated funds for local
incentives for both Enterprise Zone One (designated in 1984 and expired on
December 31, 2003) and Enterprise Zone Two; funds are about to be depleted
and in order for the City to continue to offer local incentives as set forth in the
designation application and subsequent amendments, additional funds need to
be appropriated; and the Department of Economic Development has estimated
the short-term (three to six months) funding need at approximately
$98,000.00.
The City Manager recommended that Council transfer $63,563.00 from
Capital Improvement Reserve Economic Development Account No. 008-530-
9575-9178 and appropriate $34,370.00 from Capital Fund Interest Earnings
Account No. 008-3325, to Enterprise Zones I and 2 for utility connection
rebates in Account No. 008 310 9630 9003.
Mr. Cutler offered the following budget ordinance:
(#36649-040504) AN ORDINANCE to appropriate funding for the
Enterprise Zone Fund, amending and reordaining certain sections of the 2003-
2004 Capital Projects Fund Appropriations and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Cutler moved the adoption of Ordinance No. 36649-040504. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
BUDGET-NEWSPAPERS-STREETS AND ALLEYS: The City Manager submitted a
communication advising that there was a need by The Roanoke T/mesto replace
curb and sidewalk as a part of the construction of its new building; the City
agreed to include the curb and sidewalk replacements as a part of the Salem
Avenue Streetscape project; in return, The Roanoke T/me$ agreed to reimburse
the City for its share of construction costs; and the City has received a check in
the amount of $ 31,700.00 from The Roanoke T/rnes for its s hare of the project.
908
The City Manager recommended that Council appropriate $31,700.00,
representing repayment by The Roanoke Times to Curb, Gutter, and Sidewalk,
Account No. 008-530-9804-9004, and establish a revenue estimate of
$31,700.00 in the Capital Projects Fund.
Mr. Fitzpatrick offered the following budget ordinance:
(#36650-040504) AN ORDINANCE to appropriate funding received from a
third party for the Salem Avenue streetscape project, amending and reordaining
certain sections of the 2003-2004 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36650-040504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
PURCHASE/SALE OF PROPERTY-POLICE DEPARTMENT-BUDGET: The City
Manager submitted a communication advising that construction on the Police
Building Phase II project is scheduled to begin during the summer of 2004; due
to the small size of the site, it is necessary to obtain temporary construction
easements of variable width from three adjacent property owners, which
easements are needed in order to construct a three story structure at the west
property line, to include layback for building foundation, and to provide space
for a crane and materials lay-down to the south; and temporary closure of the
alley immediately behind the Police Building site is also required.
It was further advised that authorization is needed to move forward with
acquisition of the necessary property rights in the form of temporary
construction easements on four parcels identified as Official Tax Nos. 1011304
owned by Campbell Place, LLC; 10].1319, 1011320 owned by Roy H. Park
Broadcasting of Roanoke; and 1011335 owned by the American National Red
Cross.
909
It was explained that total acquisition costs for related expenses such as
title reports, environmental inspections, and alternative parking locations are
estimated to be $45,000.00; funding from Fire/EMS Facility Improvements
maybe transferred to cover the expenses, and the Fire/EMS Facility
Improvements account will be reimbursed from the proceeds of bonds to be
issued in fiscal year 2005 for Phase II of the Police Building project.
The City Manager recommended that Council take the following actions:
Authorize the City Manager to acquire all property rights as above
described, subject to an acceptable environmental inspection and title
report; such property rights may be acquired by negotiation and include
temporary construction easements only.
Transfer $45,000.00 from Account No. 008-530-9678-9003 Fire/EMS
Facility Improvements to the Police Building Design-Ph. II, Account No.
008-530-9567-9003.
Adopt a resolution declaring the City's intent to reimburse itself from
the proceeds of general obligation public improvement bonds to be
issued for the project, the total amount of the bonds to be issued is
anticipated to be $6.67 million.
Mr. Cutler offered the following budget ordinance:
(#36651-040504) AN ORDINANCE to appropriate funding for the Police
Phase II Project, amending and reordaining certain sections of the 2003-2004
Capital Projects Fund Appropriations and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Cutler moved the adoption of Ordinance No. 36651-040504. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith ..................................................... 7.
NAYS: None ......................................................... 0.
910 '
Mr. Harris offered the following ordinance:
(#36652-040504) AN ORDINANCE providing for the acquisition of certain
temporary construction easements needed by the City for the construction of the
Police Building Phase II Project, providing for the City's acquisition of such
easements by negotiation; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 401.)
Mr. Harris moved the adoption of Ordinance No. 36652-040504. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith .................................................... 7.
NAYS: None ........................................................ O.
Mr. Fitzpatrick offered the following resolution:
(#36653-040504) A RESOLUTION declaring the City's intent to reimburse
itself from the proceeds of its general obligation public improvement bonds for
certain moneys to be appropriated by the City for expenditures in connection with
the Police Building Phase II Project; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 68, Page 402.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36653-040504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith ..................................................... 7.
NAYS: None ......................................................... O.
911
WATER RESOURCES-FEE COMPENDIUM: The City Manager submitted a
communication advising that currently, City water system customers, through water
billings, pay the majority of operational costs to maintain the recreational facilities
at the Carvins Cove Natural Reserve (Reserve); this funding commitment was
recognized by Council when it adopted a two tier user fee system for non-boating
activities, providing City residents a lower rate to access the Reserve; and user fees
do not replace operational funding, but have allowed the Departments of Parks and
Recreation and Utilities to make capital improvements that would not otherwise
have occurred without impacts to water rates.
It was further advised that with the creation of the Western Virginia Water
Authority, customers of Roanoke County's water system will also assume
operational costs not funded by user fees; and it is appropriate to modify the user
fee structure to provide member residents of the Western Virginia Water Authority
with access to the Reserve through the lower tier rate.
The City Manager recommended that Council adopt a resolution amending
the City's Fee Compendium to reflect changes to the Boat Rentals and User Fees at
Carvins Cove, effective April 15, 2004.
Mr. Dowe offered the following resolution:
(#36654-040504) A RESOLUTION amending certain fees and charges in
connection with use of Carvins Cove Natural Reserve, amending the Fee
Compendium; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 68, Page 403.)
Mr. Dowe moved the adoption of Resolution No. 36654-040504. The motion
was seconded by Mr. Cutler.
Mr. Cutler advised that on or about July 1, 2004, which is the target
date for establishment of the Western Virginia Water Authority, a boundary will be
drawn on ownership maps at Carvins Cove between that part of the property
essential to the water supply function including the reservoir and pipelines, the
treatment plant and the buffer around the reservoir that will revert to the Water
Authority; and the balance of the almost 13,000 acre area of the Carvins Cove
Natural Reserve will remain in the ownership and responsibility of the City of
Roanoke, and will be treated as a recreational facility, the number one concern
912
being the purityofthe water that runs into the water supply reservoir. In summary,
he stated that boating will become a responsibility of the Western Virginia Water
Authority and recreation and the uplands will continue to be a responsibility of the
City of Roanoke.
Resolution No. 36654-040504 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith ...................................................... 7.
NAYS: None ........................................................ O.
ASBESTOS REMOVAL-COMMONWEALTH BUILDING: The City Manager
submitted a communication advising that in an effort to streamline the
procurement of asbestos and lead abatement services for various City departments,
a one year Asbestos and Lead Abatement Services contract was executed between
the City of Roanoke and Waco, Inc., of Christiansburg, Virginia, dated November
26, 2003, in accordance with the City's advertising and procurement procedures;
and total fee for the initial contract was an amount not to exceed $100,000.00
based on the expected need at that time for such services.
It was further advised that due to the number of requests by City
departments to have asbestos and/or lead abatement activities performed under
the contract, the $100,000.00 amount was exceeded; as a result, Amendment No. 1
to the Asbestos and Lead Abatement Services contract was administratively
executed in February 2004 to increase the contract amount by $50,000.00.
It was explained that demand for abatement services under the existing
contract continues; in order to continue to meet the needs of City departments for
upcoming, as well as unanticipated abatement projects, it is requested that
Amendment No. 2 to the contract be approved to increase the contract amount by
an additional $75,000.00; approval is required by Council since the amount of
Amendment No. 2, combined with Amendment No. 1, exceeds $50,000.00 in
changes from the original contract amount; and funding for Amendment No. 2 is
available through various City operating accounts determined by the department
requesting abatement services.
The City Manager recommended that she be authorized to execute
Amendment No. 2, in the amount of $75,000.00 with Waco, Inc., for the above
described work, in a form to be approved by the City Attorney.
913
Mr. Dowe offered the following ordinance:
(#36655-040504) AN ORDINANCE authorizing the City Manager's issuance
and execution of Amendment No. 2 to the City's contract with Waco, Inc., for
asbestos and lead abatement services; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 406.)
Mr. Dowe moved the adoption of Ordinance No. 36655-040504. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Harris, Wyatt,~ Bestpitch, Cutler, Dowe,. Fitzpatrick,
and Mayor Smith ...................................................... 7.
NAYS: None ........................................................ 0.
CITY ATTORNEY:
CITY EMPLOYEES-VALLEY VIEW MALL: The City Attorney submitted a written
report advising that the City of Roanoke plans to sponsor Citizen Appreciation Day
at Valley View Mall on April 17, 2004; the new owners of the mall, CBL&Associates
Management, Inc., require that the City execute an agreement in order to use the
mall; the agreement contains a provision which requires that the City agree to
indemnify and hold harmless CBL, and to defend it, in the event that anyone is
injured or anything is damaged during the City's use of the premises; only Council
can waive the City's sovereign immunity and agree to such provision; and CBL has
refused to delete the provision.
The City Attorney transmitted a resolution for consideration by Council which
authorizes the waiving of the City's sovereign immunity, and authorizes the City
Manager to execute the agreement.
Mr. Fitzpatrick offered the following resolution:
(#36656-040504) A RESOLUTION authorizing the waiver of the City's
sovereign immunity in connection with the City's use of Valley View Mall for Citizen
Appreciation Day, and authorizing execution of an agreement with Valley View Mall,
LLC, through its agent, CBL Associates Management, Inc., in connection with such
use of Valley View Mall.
(For full text of Resolution, see Resolution Book No. 68, Page 407.)
914
Mr. Fitzpatrick moved the adoption of Resolution No. 36656-040504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
and Mayor Smith ....................................................... 7.
NAYS: None ................................................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial
Report for the month of February 2004.
Clarification was requested by the Director of Finance in regard to a
statement that several one time collections totaling approximately $300,000.00
were received which resulted from a State tax audit conducted during the current
fiscal year that revealed under payment of prior year sales taxes.
The Director of Finance advised that the City of Roanoke receives an annual
report from the State which details the amount of sales taxes that companies within
the City are required to remit to the State, of which the City of Roanoke receives a
one per cent share; it was discovered that a local company was not included in the
report because the company had changed ownership; the matter was pursued at
the State level and it was discovered that the State remitted the funds to the wrong
locality.
Clarification was also requested in regard to a $51,000.00 one time collection
as a result of a cellular telephone tax audit; whereupon, the Director of Finance
advised that the Department of Billings and Collections is responsible for
administering the cellular phone tax; because of the geographical layout of the
Roanoke Valley, if a customer lives on the border of a locality, it is difficult to
determine which locality, the customer resides in; considerable time was spent with
several cellular phone companies to determine residency status of customers; and
the $51,000.00 represents the third significant collection by the City of Roanoke
from cell phone companies that were previously paying the tax to the wrong
locality.
Council Member Cutler made the observation that it appears that business at
the Roanoke Civic Center is increasing when looking at the overall revenue picture;
whereupon, the Director of Finance advised that Civic Center staff has worked
diligently to deposit gross profits from Civic Center events into the City's General
Fund in a more timely manner.
915
Without objection by Council, the Mayor advised that the Financial Report for
the month of February, 2004 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-HOCKEY: Council formally
commended the Roanoke Express hockey team upon placing number two in the
East Coast Hockey League Division.
ELECTIONS-REGISTRAR: Vice-Mayor Harris requested that the City Manager,
in consultation with the Registrar, provide Council with either an oral briefing or a
written report, in regard to the new touch screen voting machines which are
proposed to be used in the May 4, 2004 local election.
Vice-Mayor Harris advised that the Members of Council have received
correspondence from citizens who are concerned about the touch screen machines
due to the experiences of other localities throughout the country, and citizens need
some assurance by the Registrar that the machines have been certified, tested, and
that Officers of Election have been properly trained on the use of the new
equipment.
The City Manager advised that atouch screen voting machine will be available
for demonstration purposes during Citizens Appreciation Day on Saturday, April 17,
2004, at Valley View Mall and the Office of Communications will be requested to
work with the Registrar to identify other opportunities to showcase the new voting
machines to Roanoke's citizens.
The Mayor suggested a hands on demonstration of the new equipment at a
future Council meeting.
916
Council Member Bestpitch made the observation that the system
recommended by the Electoral Board for use by the City of Roanoke is a different
system than that which is used by Roanoke County and if the two localities use the
same type of voting equipment, they could come to the assistance of each other
when necessary.
ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: Council Member Cutler
commended participants from the Appalachian Trail Club, Pathfinders for
Greenways, and members of the Roanoke Valley Greenways Commission who
volunteered their time to construct a new bridge across the stream at Carvins Cove
Natural Reserve.
HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS: 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.
ELECTIONS-CITY MANAGER-REGISTRAR-COMMUNITY PLANNING: Mr. Chris
Craft, 1501 East Gate Avenue, N. E., expressed appreciation to Council Member
Bestpitch for recommending that the City Planning Commission study the renaming
of that portion of 13'h Street south of Orange Avenue, "Thomas Market Street", in
recognition of the contributions of the Thomas family. He advised that a touch
screen voting machine is on display in the Registrar's Office and Officers of Election
will be available at each polling place to assist voters at the local election on May 4.
He commended the City Manager for addressing issues of concern to the East Gate
community.
ELECTIONS-COMPLAINTS-ARCHITECTURAL REVIEW BOARD: Mr. E. Duane
Howard, 508B Walnut Avenue, S. W., advised that inasmuch as the new voting
machines have not been tested at this time, he would strongly encourage the City
to use the old voting machines in the May 4, 2004 Councilmanic election. He also
spoke in regard to a suggestion which was made by Vice-Mayor Harris earlier in the
day during a meeting of the Budget and Planning Committee that the matter of
funding a $1,200.00 per annum stipend for members of the Architectural Review
Board be referred to fiscal year 2005 budget study. He expressed concern that two
members of the same family currently serve on the Architectural Review Board and
the Board of Zoning Appeals which is a conflict of interest, and stated that if
Council approves a stipend for Architectural Review Board members, it should be
based on the provision that the stipend will apply to future members of the
Architectural Review Board and that no current member of the Board will be entitled
to receive the annual stipend.
917
Y.W.C.A.- HARRISON HERITAGE CENTER-SOCIAL SECURITY ADMINISTRATION-
HENRY STREET REVIVAL COMMITTEE: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
expressed concern in regard to rumors that:
· A four story Social Security Administration building will be located
on Henry Street;
The Harrison Museum of African American Culture will be relocated
to the Henry Street area and plans include construction ora building
adjacent to the Dumas Hotel; and
· The Orange Avenue YMCA will be closed, and, if so, what is the
future status of the building.
COMMITTEES-SCHOOLS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
requested that the public hearing and interview of SchoolTrustees be conducted in
public Council 'session.. The Mayor advised that Council will hold a public hearing
on Monday, April 19, 2004, at 7:00 p.m., to receive the views of citizens on School
Board applicants and public interviews will be conducted on Thursday, April 22,
2004, at 4:30 p.m., in the City Council Chamber, and will be open to the public.
COMPLAINTS-CITY EMPLOYEES-ECONOMIC DEVELOPMENT: Mr. Robert E.
Gravely, 729 Loudon Avenue, N. W., expressed concern in regard to the use of
taxpayers' dollars as incentives for businesses to locate and/or relocate to the City
of Roanoke. He called attention to Iow wages for those employees at the bottom of
the City's pay scale, a lack of opportunities for promotion at the lower end of the
City's pay scale, and the lack of businesses in the minority community and in the
City of Roanoke in general that promote the African American culture.
CITY MANAGER COMMENTS:
BUDGET-ACTS OF ACKNOWLEDGEMENT-LEGISLATION: The City Manager
presented information prepared byThomas A. Dick, the City's Legislative Liaison, in
connection with various State budget proposals as they relate to the availability of
local funds for the City of Roanoke. She called attention to a public forum which
will be held on Tuesday, April 6, 2004, at 7:00 p.m., in the Auditorium at William
Fleming High School, at which time citizen comments will be invited in regard to
the lack of a State budget at the present time, and with regard to which budget
proposals (The House or Senate versions) that appear to provide the greatest
benefit to the Roanoke community. She encouraged those citizens in attendance to
urge the Virginia General Assembly to adopt a two year biennial budget.
918
The City Manager advised that the City of Roanoke will be recognized as one
of America's Most Liveable Communities at an event to be held on Tuesday,
April 20, 2004, at the National Press Club in Washington, D. C. She explained that
the award is presented to five small cities in the United States by Partners for
Liveable Communities, a non-profit organization, in recognition of those
communities that are attempting to develop their localities in a creative economy
and taking major strides to prepare for the new global economy. She stated that a
special celebration will be held in the City of Roanoke following the April 20
presentation.
At 3:50 p.m., the Mayor declared the meeting in recess for one Closed
Session.
At 5:10 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler, Dowe, Fitzpatrick, and
Mayor Smith .... ~ ..................................................... 6.
NAYS: None ..................................................... O.
(Council Member Wyatt abstained from voting.)
COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a
vacancy on the Fair Housing Board inasmuch as Brenda Powell has served three
consecutive three years terms of office and is ineligible to serve another term;
whereupon, he opened the floor for nominations to fill the vacancy.
919
Mr. Bestpitch placed in nomination the name of Rich G. McGimsey.
There being no further nominations, Mr. McGimsey was appointed as a
member of the Fair Housing Board for a term ending March 31, 2007, by the
following vote:
FOR MR. MCGIMSEY: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick and Mayor Smith ............................................. 7.
COMMII-I'EES-SCHOOLS: Mr. Bestpitch moved that Council extend the
deadline for receipt of applications for appointment to the Roanoke City School
Board until Monday, April 19, 2004 at 12:00 noon, with a public hearing to receive
the views of citizens on School Board applicants to be held at 7:00 p.m., on
Monday, April 19, 2004; following the public hearing, Council will select the
persons to be accorded the formal interview to be held on Thursday, April 22,
2004, at 4:30 p.m., in the City Council Chamber; and Council will appoint two
Trustees to the Roanoke City School Board at a special meeting to be held on
Thursday, May 13, 2004, at 2:00 p.m., in the City Council Chamber. The motion
was seconded by Mr. Cutler and adopted, Council Member Wyatt abstained from
voting.
There being no further business, the Mayor declared the meeting
adjourned at 5:15 p.m.
APPROVED
/~~
Mary F. Parker
Ralph K. Smith
City Clerk Mayor
920
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
April 19, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
April 19, 2004, 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, Regular Meetin(~s, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by the
Council on Monday, July 7, 2003.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M.
Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris
and Mayor Ralph K. Smith ........................................... 7.
ABSENT: ..................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
Ti~e invocation was delivered by Elizabeth Hutcheson Fetter, Presiding
Clerk, the Religious Society of Friends.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Ralph K. Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER-CITY INFORMATION
SYSTEMS: Susan Benton, Director of Strategic Initiatives, The Center for Digital
Government, advised that The Center for Digital Government is an international
research and advisory institute that, for the past 20 years, has studied how
cities, counties, states and the Federal Government are using technology,
because it is known that technology is at the foundation of quality of life and
economic development. She stated that one of the City of Roanoke's mottos is,
"City for the 21" Century-A Thriving Community"; the City has used technology
921
as a tool and as the result of excellent leadership over the past three years,
Roanoke has won the Digital Cities Survey Award from The Center for Digital
Government and Government Technology Magazine. She added that no other
city the size of Roanoke can boast of this accomplishment and the award was
made possible because City Council showed strategic vision about what the
community should be and the use of technology to get there, and Council
provided the necessary resources to the City Manager which enabled her to
work with City staff to move forward in order to reach the Council's vision. She
stated that the award is referred to as the Doer's, Dreamer's and Driver's
Award, and represents a description of City Manager Darlene Burcham who has
shown leadership, a commitment to the organization, an ability to work
through the multiple layers of City government, and regional government and
she has served as a champion for excellence.
On behalf of The Center for Digital Government, Ms. Benton presented
the City Manager with the "Doer's, Dreamer's and Driver's" Award.
PROCLAMATIONS: The Mayor presented a proclamation declaring
April 18-24, 2004, as National Medical Laboratory Week.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation
declaring April 18-24, 2004, as National Library Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to one request for a
Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 1, 2004, recessed until Friday, March 5, 2004, and recessed until
Monday, March 15, 2004; and the regular meeting of Council held on Monday,
March 15, 2004, were before the body.
Mr. Dowe moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by
Mr. Harris and adopted by the following vote:
922
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), was before the
body.
Mr. Dowe 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. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
COMMITTEES-HOUSING/AUTHORITY: A report of qualification of Nancy F.
Canova as a member of the Fair Housing Board for a term ending March 31,
2007, was before Council.
Mr. Dowe moved that the report of qualification be received and filed.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
923
BUDGET-CABLE TELEVISION: A communication from Council Member
Alfred T. Dowe, Jr., City of Roanoke representative to the Roanoke Valley
Regional Cable Television Committee, advising that the City of Roanoke, the
County of Roanoke and the Town of Vinton jointly operate Roanoke Valley
Television (RVTV); initial equipment and facilities for the television station were
funded through a $480,000.00 capital grant from Cox Communications; the
station is located at The Jefferson Center and currently employs five full-time
staff members; and staff produces videos and shows for local governments and
school systems for cablecasting along with government meetings on Cox
Communications' Channel 3.
It was further advised that on June 8, 1992, Council approved the
Roanoke Valley Regional Cable Television Agreement, which requires that the
RVTV Operating Budget be approved by the governing bodies of the City,
County and Town; and funding for the operating budget is shared by the three
governments, based on the annual proportion of Cox subscribers located in
each jurisdiction.
It was explained that the Roanoke Valley Regional Cable Television
Committee approved the RVTV Operating Budget for fiscal year 2004-05 at its
March meeting; the budget totals $293,865.00 and represents a seven per cent
increase from the current year's budget of $273,614.00; the increase,
excluding Personal Services (VRS Retirement, Salaries, Health Insurance, etc.), is
$3,624.00 or four per cent; and the majority of the increase occurs in
Retirement: the 2003-04 rate was 7.5 per cent and the 2004-05 rate is 13.5
per cent, which is a $9,403.00 increase.
It was noted that Cox Communications paid a five per cent franchise fee
to the local governments in 2003, or $1,818,001.00; the local governments
have traditionally agreed to allocate up to 20 per cent of the franchise fees
collected to the RVTV Operating Budget; for the coming year, the amount would
be $363,300.00; and RVTV's requested budget of $293,865.00 is $69,435.00
less than the amount.
It was advised that Cox calculates the percentage of subscribers in each
locality (as of December 31, 2003) as follows:
Locality
City of Roanoke 32,295
Roanoke County 23,664
Town of Vinton 2,718
Subscribers
Percentage (%)
55
40
5
924
Based on the above figures, the contribution by each locality to the
Operating Budget would be as follows:
Locality
City of Roanoke
Roanoke County
Town of Vinton
Contribution
$161,626.00
$117,546.00
$14,693.00
Mr. Dowe recommended that Council approve the proposed RVTV budget
for fiscal year 2004-05, in the amount of $293,865.00, with the City's
contribution totaling $161,626.00.
Mr. Dowe offered the following resolution:
(#36657-041904) A RESOLUTION approving the recommendation of the
Roanoke Valley Regional Cable Television Committee to approve the annual
operating budget for Fiscal Year 2004-2005 for the operation of the regional
government and educational access station, Roanoke Valley Television
(RV'rV, Channel 3), and for the City to provide partial funding.
(For full text of Resolution, see Resolution Book No. 68, Page 408.)
Mr. Dowe moved the adoption of Resolution No. 36657-041904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................ 7.
NAYS: None .................................................. 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BUILDINGS/BUILDING DEPARTMENT: The City Manager introduced Cad S.
Cooler, who will assume his position as Building Commissioner, Department of
Planning Building and Development, effective April 19, 2004.
BRIEFINGS:
925
ELECTIONS: The City Manager advised that at the Council meeting on
Monday, April 5, 2004, Council requested a briefing by the Registrar on the
proposed touch screen voting machines which are proposed to be used in
future City of Roanoke elections; whereupon, she called upon Beryl Brooks,
Registrar.
Ms. Brooks introduced Gary Greenhalgh, Project Manager for the City of
Roanoke, who will be present for the next three local elections, upon execution
of a contract with Election System and Software (E. S. & S.). She stated that
electronic voting machines will be used in the November 2004 Presidential
Election, although the touch screen voting machines will be available at some of
the City's precincts during the May 4, 2004 Councilmanic election for
demonstration purposes.
In response to questions and discussion by Council, Ms. Brooks advised
that:
The new equipment is user friendly, with larger print and
the ability to change or correct votes before the voter casts
his or her final vote.
State law requires at least one voting machine per every
750 registered votes. The City proposes to purchase
machines based on the realm of between 500 and 750
registered voters.
Both City maintenance staff and maintenance staff of
Election System Software will be available to address
problems if any, on Election Day.
The electronic voting machines will be taken into the
community and demonstrations will be provided for any
group or organization requesting onsite instruction.
In selecting a vendor, size of the company, financial
information, number of staff to be made available to
service the City during a large election such as the
Presidential Election in November, 2004, and turn around
time to deliver the new equipment once the order is placed
was considered.
926
Remarks by citizens who tested the equipment on Citizens
Appreciation Day at Valley View Mall on Saturday, April 17,
2004, were positive.
A touch screen voting machine was displayed in the Council Chamber and
Members of Council were invited to participate in a demonstration during the
Council meeting recess.
BUDGET: The City Manager presented the City of Roanoke's proposed
fiscal year 2004-2005 budget. She advised that one of the assumptions that
City staff made in developing the budget was that the Governor's proposed
budget would be adopted by the General Assembly which, to date, has not
occurred. She acknowledged that there could be changes in the proposed
budget over the next several weeks should the General Assembly choose to do
otherwise, and the Council will be informed as to the progress and the impact
on the City's proposed budget proposal. She stressed that the most significant
budgetary issue before the General Assembly at this point appears to be the
level of funding for education in terms of the amount of money that would be
available in the fiscal year 2005 budget and the impact on staffing. The City
Manager called upon Sherman Stovall, Acting Director, Office of Management
and Budget, for presentation of highlights of the proposed budget.
Mr. Stovall advised that the proposed fiscal year 2005 budget was
developed during a time of challenge and uncertainty; Roanoke and other local
jurisdictions have been faced with the task of balancing a jurisdiction budget
while the Virginia House of Delegates and the State Senate continues to debate
over a State budget; the uncertainty in State funding and the lack of sufficient
growth in State revenues has been disappointing; the challenges that Roanoke
faces are the same as those of other governments; i.e. the rising cost of
employee health care and retirement, increased demands for high levels of
services and the continuing need to make investments in capital projects that
are crucial to sustaining the viability of Roanoke. At the same time, he stated
that the City of Roanoke is absorbing the cost of traditionally State funded
activities, such as law enforcement, jail operations, and the operations of
Constitutional Officers. On behalf of the City Manager and the Director of
Finance, he presented a recommended fiscal year 2004-05 budget that is
balanced, without an increase in any existing tax rate or any new tax.
927
In summary, Mr. Stovall provided the following information:
The recommended budget totals $211.9 million, an
increase of $7.1 million, or 3.47 per cent over the current
years' adopted budget.
Anticipated growth in local revenue totals $5.5 million
and growth in intergovernmental revenue totals $1.5
million.
Local revenues are enhanced by the continued strength of
the real estate market and revenue from the real estate
tax is expected to grow by $3.5 million.
Property values increased by approximately six per cent
while new construction added another 1.2 per cent to the
tax base.
Other local taxes that contribute to the strength of the
local economy include the personal property tax, with
anticipated growth of ]..7 per cent; the prepared food and
beverage tax, with anticipated growth of three per cent;
the business license tax with anticipated growth at 2.4 per
cent; the sales tax at 5.8 per cent; and the transient room,
or lodging tax, at 5.1 per cent.
A decline in the revenue is expected from the bank stock
tax.
The revenue estimate for personal property tax was
established prior to development of the personal property
tax book, so there may be a need to adjust the estimate
prior to adoption of the budget.
State revenue is expected to grow by 3.4 per cent;
however, the majority of revenue is dedicated to State
mandated programs, only a small portion is available for
discretionary use, and approximately $1.5 million is
dedicated to Social Services.
928
Over the past ten years, average growth in revenue
received by the City from the State has been
approximately six per cent; the level of State funding
continues to reflect a decrease in funding for support of
the City's Constitutional Officers and operation of the Jail.
$3.2 million in anticipated growth in revenue is
recommended to be dedicated as the local share to
Roanoke's schools; approximately $4.3 million is
recommended for employee compensation benefits and
other employee programs which include an average pay
raise of three per cent for City employees and funding for
an increase in the cost of health insurance, retirement and
life insurance.
$1.2 million is recommended to cash fund debt service,
provide for maintenance of City buildings, and replace key
pieces of equipment.
$1 million is recommended for new programs and
program adjustment.
$1.5 million is recommended in regard to position
reductions and holding positions vacant.
The budget includes another $1 million in miscellaneous
adjustments and savings.
The local share of school funding is based on a funding
formula of 36:42 per cent of the adjusted local tax base;
therefore, total level of funding provided to the school
system is approximately 25 per cent of the total General
Fund budget.
Since fiscal year 2001, Council has budgeted an additional
$570,000.00 as part of a multi year plan to build debt
service capacity to support capital projects.
929
It is intended to issue bonds in fiscal year 2005 for Phase
II of the Police Administration Building, Phase I of the
Fire/EMS facilities improvement plan, the Riverside Centre
for Research and Technology, the renovation of Patrick
Henry High School, Phase II of Civic Facilities
Improvements and Phase I of the Downtown West Parking
Garage plan.
The recommended budget contains $604,000.00 to
continue a multi year effort to increase the level of
funding for equipment replacement, capital maintenance
of City buildings, street paving, and technology; and with
the exception of technology, additional funding in this
category is less than what is required to keep on track to
reach the established fiscal year 2007 funding targets.
A recommended new program is the Police Cadet Program
which is designed to enhance the City's efforts to recruit
potential police officers and to free up time for sworn
officers in order to focus on serious incidents and
community policing. The program will target 18 - 21 year
old persons who are interested in law enforcement
careers, and bridge the gap between the time.that young
adults are no longer eligible to participate in the Police
Explore Program and the time that they reach the
minimum age to become a police officer. Police Cadets
will also serve as Park Rangers, providing security
presence in the City's parks.
Approximately $139,000.00 is recommended for parks,
recreation and beautification activities including such
items as playground safety improvements, maintenance of
greenways, tennis court resurfacing, expanding the
hanging basket program, and providing additional
funding for the therapeutic recreation program.
Additional funding is recommended for tipping fees as a
result of increased tonnage collected at the Roanoke
Valley Landfill.
930
Additional funding is recommended for contractual
obligations which include the full year cost of the City's
share of the new Regional Animal Control facility, and the
lease of space at Civic Mall for the Social Services
Department.
$40,000.00 is recommended for the Emergency
Assistance Program which is administered by the Social
Services Department and focuses on providing emergency
rent or utility assistance to prevent evictions or
terminations.
Additional funds or subsidies are recommended to Valley
Metro as a result of the increasing health care costs, and
to the Civic Facility Fund for the addition of two
maintenance positions.
A total of six positions will be added in the Civic Facilities
Fund to address the cleanliness and maintenance of the
Civic Center.
Additional funding is recommended for community
agencies.
The recommended budget includes a new reduction of 13
General Fund positions, which reduction is in positions
and not people.
With creation of the Western Virginia Water Authority, a
total of 190 General Fund, Water Fund and Sewer Fund
positions will be transitioned to the Water Authority.
It is recommended that 18 positions be left vacant during
the year which is the same level of vacant positions
included in the fiscal year 2004 budget; and other
reductions total approximately $1 million.
931
In closing, Mr. Stovall advised that City staff has attempted to develop a
budget that is responsible and addresses the priorities of Council and
Roanoke's citizens; given the challenging times, every request and every need
could not be accommodated; and an attempt was made to minimize the impact
on service delivery and service levels. He expressed appreciation to support
staff from the Department of Management and Budget and the Department of
Finance and acknowledged the input of Constitutional Officers, Council
Appointed Officers, department directors and division managers in the
development of the fiscal year 2005 budget. He expressed appreciation to the
entire family of City employees for the dedicated and professional manner in
which they have performed their duties in difficult times, and he advised that a
public hearing on the recommended budget is scheduled for Thursday, April
29, 2004, at 7:00 p.m., in the Council Chamber.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a
communication advising that at the January 20, 2004 Council meeting, Carl
Cooper, Chair, Roanoke Neighborhood Advocates (RNA), presented the RNA's
By-Laws and Strategic Business Plan for consideration; and Council referred the
documents to the City Manager for staff review and to the City Attorney for
preparation of the proper measure for consideration by Council at a future
meeting; whereupon, the City Manger forwarded copy of the revised.
documents.
Mr. Bestpitch offered the following resolution:
(#36658-041904) A RESOLUTION approving the By-Laws and Strategic
Business Plan for Roanoke Neighborhood Advocates.
(For full text of Resolution, see Resolution Book No. 68, Page 409.)
Mr. Bestpitch moved the adoption of Resolution No. 36658-041904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
932
BUDGET-PARKS AND RECREATION-WATER RESOURCES: The City Manager
submitted a communication advising that the Mill Mountain Water Project is
designed to increase the storage, pressure and fire flow capacity for the top of
Mill Mountain and the Ivy Street neighborhood; the project consists of a ].50
gallon per minute pumping station, an 84,000 gallon water storage tank, and
installation of approximately 5,200 lineal feet of eight-inch waterline; the new
storage tank replaces two existing smaller tanks on Mill Mountain with no
overall increase in height; and tank design has been reviewed by the Mill
Mountain Advisory Committee.
it was further advised that the project was publicly advertised for bids,
with four bids having been received on Tuesday, March 16, 2004; the lowest
bid was submitted by E. C. Pace Co., inc., in the amount of $706,472.00, with a
construction time of 180 consecutive calendar days, and with the inclusion of a
contingency; the requested amount for the project will be $777,000.00;
funding in the amount of $777,000.00 is requested to complete the project and
is available as follows: $180,000.00 in Account No. 002-530-8397, Crystal
Spring Water Treatment Construction, $200,000.00 in Account No. 002-510-
2178-9026, Unidentified Plant Replacement, and $249,537.00 in Account No.
002-510-2178-9028, Water Maintenance-Painting, with the balance of funds,
$147,463.00, to be taken from Water Fund retained earnings.
The City Manager recommended that Council approve the transfer and/or
appropriation of funds in the amount of $777,000.00 to an account to be
established in the Water Fund by the Director of Finance entitled, Mill Mountain
Water Project.
Mr. Dowe offered the following ordinance:
(#36659-041904) AN ORDINANCE to appropriate funding for the
Construction Contract Award for the Mill Mountain Water Project, amending and
reordaining certain sections of the 2003-2004 Water Fund Appropriations and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 410.)
Mr. Dowe moved the adoption of Ordinance No. 36659-041904. The
motion was seconded by Mr. Harris and adopted by the following vote:
933
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-STREETS AND ALLEYS-GRANDIN VILLAGE: The City Manager
submitted a communication advising that Council has discussed on numerous
occasions improvements for the 1300 block of Grandin Road in the vicinity of
Memorial Avenue, which improvements involve installation of new curbs,
sidewalks, street trees, conduit for future street lights, and new water and
sewer lines; and improvements are supported by neighborhood organizations
in the area.
It was further advised that two bids were received on Tuesday, March 16,
2004, with E. C. Pace Co., Inc., submitting the Iow bid in the amount of
$864,155.00; and funding for the project, which includes funds for
miscellaneous project expenses, including advertising, prints, test services,
minor variations in bid quantities, and unforeseen project expenses is available
as follows:
Transportation - Street Paving
Water - Capital Outlay
WPC - Lateral Maintenance
Traffic Signals - General
Capital Improvement Reserve - VDOT
Traffic Calming Initiatives
Curb, Gutter, Sidewalk #1
Total
001-530-4120-2010
'002-510-2178-9026
003-510-3170-9085
008-052-9560-9084
008-530-9575-9210
008-530-9799-9003
008-530-9804-9076
$ 98,650.00
$126,660.00
$169,510.00
$ 28,900.00
$164,722.00
$143,518.00
$218,040.00
$950,000.00
The City Manager recommended Council authorize transfer and/or
appropriation of the required funding of $653,830.00, in accordance with
amounts above described to an account to be established in the Capital Projects
Fund by the Director of Finance entitled, "Grandin Road Streetscapes"; and
transfer funding in the amount of $126,660.00 and $169,510.00 to new
accounts in the Water and Water Pollution Control Funds, respectively, to be
similarly titled, for the utility portion of the project.
Mr. Cutler offered the following ordinance:
(#36660-041904) AN ORDINANCE to appropriate funding for the
Grandin Road Streetscapes Project, amending and reordinaing certain sections
of the 2003-2004 General, Water, Water Pollution Control and Capital Projects
Funds Appropriations and dispensing with the second reading by title of this
ordinance.
934
(For full text of Ordinance, see Ordinance Book No. 68, Page 411.)
Mr. Cutler moved the adoption of Ordinance No. 36660-041904. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ....................................... ...... 7.
NAYS: NONE .................................................. 0.
TRAFFIC-STATE HIGHWAYS-GREENWAY SYSTEM: The City Manager
submitted a communication advising that the Virginia Department of
Transportation (VDOT) requires City Council resolutions documenting the City's
support of a project in advance of placing the project in the State's Six-Year
Improvement Program (SYIP); the draft SYIP published in March by VDOT fully
funds 10~h Street improvements, Wonju Street extension, and places 13'h Street
back into the program, with partial funding in fiscal year 2005; and in
accordance with the 20-Year Long Range Transportation Plan endorsed by a
resolution adopted by Council on October 23, 2003, a few small projects have
been added to the draft SYIP, which include an intersection improvement at
Riverland Road, Bennington Street, and Mt. Pleasant Boulevard, traffic signal
systems equipment upgrades, and inclusion of recently received safety grant
funds for enhancements to the proposed Lick Run Greenway crossing at 10th
Street.
It was further advised that resolutions for the three major projects of 10th
Street, Wonju Street, and 13'h Street have been adopted by Council in prior
years; however, the three small project awards will require separate project
programming resolutions to enable inclusion in the SYIP to be adopted by the
Commonwealth Transportation Board on May 20, 2004; therefore, the City
Manager recommended that Council adopt separate project programming
resolutions for each of the three small projects as above described.
Mr. Cutler offered the following resolution:
(#36661-041904) A RESOLUTION requesting that the Virginia
Department of Transportation establish an urban system highway project for
improvements to the intersection of Riverland Road, Bennington Street and Mt.
Pleasant Boulevard.
(For full text of Resolution, see Resolution Book No. 68, Page 413.)
935
Mr. Cutler moved the adoption of Resolution No. 36661-041904. The
motion was seconded by Mr. Dowe.
Liz Belcher, Coordinator, Roanoke Valley Greenways, expressed
appreciation for the work of City staff to review long range transportation plans
which revealed that numerous projects would not be included in the State's Six
Year Plan for quite some time; therefore, an effort was begun by City staff to
look at what is realistic from a transportation standpoint, and to identify ways
to fund the projects, such as the intersection of Riverland Road and Mount
Pleasant Boulevard. She stated that grant opportunities were reviewed and City
staff prepared a Virginia Department of Transportation application for safety
improvements to Tenth Street for the greenway crossing. She expressed
appreciation for the vision that has been implemented throughout the City to
make Roanoke a liveable and walkable community.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., requested that the City
address a dangerous traffic situation at the intersection of Bennington Street,
Riverland Road and Mount Pleasant Boulevard, S. E.
Resolution No. 36661-041904 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, D0we, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
Mr. Dowe offered the following resolution:
(#36662-041904) A RESOLUTION requesting that the Virginia
Department of Transportation establish an urban system highway project to
upgrade signal equipment within the City's traffic signal systems.
(For full text of Resolution, see Resolution Book No. 68, Page 414.)
Mr. Dowe moved the adoption of Resolution No. 36662-041904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
936
Mr. Dowe offered the following resolution:
(#36663-041904) A RESOLUTION requesting that the Virginia
Department of Transportation establish an urban system highway project for
improvements to 10th Street and the proposed Lick Run Greenway.
(For full text of Resolution, see Resolution Book No. 68, Page 415.)
Mr. Dowe moved the adoption of Resolution No. 36663-041904. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE-YOUTH: The
City Manager submitted a communication advising that the City of Roanoke
Outreach Detention/Electronic Monitoring Program provides court-ordered,
pre-dispositional, intensive supervision of juveniles living within the
community; program services are provided to juveniles who reside in the City of
Roanoke and other jurisdictions such as Roanoke County, Botetourt, Salem,
Craig County, and AIleghany County; each outside jurisdiction pays for services
provided; the fiscal year 2003-04 revenue estimate for Outreach
Detention/Electronic Monitoring Services is $30,000.00; and it is anticipated
that actual revenue will exceed the estimate in the amount of $18,490.00.
It was further advised that in accordance with State mandates, all
program revenue must be used for services that are specifically outlined in the
Board approved VJCCCA plan, and excess revenue must be appropriated for
program activities.
The City Manager recommended that Council increase the General Fund
Revenue estimate by $18,490.00 in revenue Account No. 001-110-1234-1310,
and appropriate funding in the amount of $18,490.00 to the following
accounts:
001-631-3330-1004 Temporary Wages $10,720.00
001-631-3330-3070 Equipment Rental $ 7,770.00
937
Mr. Dowe offered the following ordinance:
(#36664-041904) AN ORDINANCE to increase funding for the Outreach
Detention/Electronic Monitoring Program, amending and reordaining certain
sections of the 2003-2004 General Fund Appropriations and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 416.)
Mr. Dowe moved the adoption of Ordinance No. 36664-041904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Fifth District Employment and Training
Consortium (FDETC), under an agreement with the Virginia Department of
Social Services, received funding to operate the Opportunity Knocks Program;
and since closing of the FDETC, the City of Roanoke Department of Social
Services will be continuing operation of the Opportunity Knocks Program until
June 30, 2004.
It was further advised that Employment and Training Services have been
provided by the Department of Social Services to assist disadvantaged
individuals in obtaining full time employment, with the potential of higher
paying wages and fringe benefits; and services will be reimbursed through the
Virginia Department of Social Services.
The City Manager recommended Council authorize acceptance of the
grant award, appropriate funds totaling $42,500.00, and establish a revenue
estimate of $42,500.00 in a grant account to be established by the Director of
Finance.
Mr. Bestpitch offered the following ordinance:
(#36665-041904) AN ORDINANCE to establish funding for the
Opportunity Knocks 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, Page 417.)
938
Mr. Bestpitch moved the adoption of Ordinance No. 36665-041904. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
Mr. Fitzpatrick offered the following resolution:
(#36666-041904) A RESOLUTION authorizing the acceptance of a grant
from the Virginia Department of Social Services to be used to operate the
Opportunity Knocks Program until June 30, 2004; and authorizing the
execution of the necessary documents.
(For full text of Resolution, see Resolution Book No. 68, Page 418.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36666-041904.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
DONATIONS/CONTRIBUTIONS-FIRE DEPARTMENT: The City Manager
submitted a communication advising that the Fire Brigade of the Kazim Temple,
A.A.O.N.M.S. wishes to donate a 1941 American LaFrance antique fire truck,
ID#BG169, to the Roanoke Fire-EMS Department; and the equipment is a very
rare piece of fire apparatus which would be used in parades, placed on display
and used for educational purposes.
It was further advised that City of Roanoke Fleet Management personnel
have inspected the fire truck and consider the equipment to be in good
condition, with Iow maintenance needs, and if accepted, the unit would be
housed in a Fire-EMS station for safe keeping, maintenance and static display;
and the value of the fire truck exceeds $5,000.00 which requires approval by
Council to accept as a donation.
The City Manager recommended that she be authorized to accept the
above referenced fire apparatus.
939
Mr. Bestpitch offered the following resolution:
(#36667-041904) A RESOLUTION accepting the donation of a 1941
American LaFrance Antique fire truck for use by the City of Roanoke's Fire/EMS
Department, and expressing appreciation for such donation.
(For full text of Resolution, see Resolution Book No. 68, Page 419.)
Mr. Bestpitch moved the adoption of Resolution No. 36667-041904. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
CITY ATTORNEY:
CITY CODE-COMMI'I-rEES-PENSION: The City Attorney submitted a written
report with regard to a request of Council to eliminate the residency
requirement pertaining to one member of the Board of Trustees of the City of
Roanoke Pension Plan; whereupon, he transmitted an ordinance amending the
City Code which will eliminate the residency requirement regarding the retired
member of the Plan who serves pursuant to §22.2-8(b)(6).
Mr. Dowe offered the following ordinance:
(#36668-041904) AN ORDINANCE amending subsection (b)(6) of §22.2-
8, Board of Trustees generally, Article 2, Administration, Chapter 22.2,
Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, in order to eliminate the residency requirement with respect to the
retired member of the plan appointed to serve on the Board of Trustees of the
City's Pension Plan, as currently set forth in §22.2-8(b)(6); and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book NO. 68, Page 421.)
940
Mr. Dowe moved the adoption of Ordinance No. 36668-041904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
STATE HIGHWAYS-TREES: The City Attorney submitted a written report
advising that at the April 5, 2004 meeting of Council, the matter of supporting
an application filed by Will Webb with the Virginia Department of Transportation
(VDOT) to plant white oak seedlings along certain sections of 1-581 within the
City of Roanoke was referred to the City Attorney for preparation of a
resolution; whereupon, he transmitted the appropriate measure for
consideration by Council.
Mr. Bestpitch offered the following resolution:
(#36669-041904) A RESOLUTION supporting the application filed by Will
Webb with the Virginia Department of Transportation to plant white oak
seedlings along certain sections of 1-581 within the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 68, Page 422.)
Mr. Bestpitch moved the adoption of Resolution No. 36669-041904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
DONATIONS/CONTRIBUTIONS-SCHOOLS: The City Attorney submitted a
written report advising that in 1948, there was an agreement between G: G. and
Ollie P. Fralin and the Roanoke County School Board to exchange two parcels of
property in Roanoke County adjacent to what is now Oakland Intermediate
School, but the necessary deeds were not recorded; in 1949, the City of
Roanoke annexed the area surrounding what is now Oakland Intermediate
School from Roanoke County; the City of Roanoke became vested in the
Roanoke County School Board property as a part of the annexation; on July 12,
1982, Council adopted Ordinance No. 26116, authorizing the City Manager to
convey the City's portion of the land to be conveyed pursuant to the 1948
941
exchange agreement to the Fralin family, however, Council did not at that time
accept conveyance of the property to be conveyed by the Fralin family which is
currently used as the teachers' parking lot at Oakland Intermediate School; and
the School Board has utilized the triangular parcel of property that the Fralin
family seeks to convey to the City as a parking lot since the area was annexed
in 1949, and desires that title to the parcel of land be obtained.
It was further advised that the Fralin family would like to convey this
portion of property to the City of Roanoke so that the Fralin family may sell the
remaining portion of its property to a third party; whereupon, the City Attorney
transmitted an ordinance authorizing acceptance of the property, once the deed
is recorded, for consideration by Council.
Mr. Dowe offered the following ordinance:
(#36670-041904) AN ORDINANCE accepting from the Estate of Ollie P.
Fralin the conveyance of a certain parcel of property for school purposes
containing 0.183 acre, more or less, located on the northeasterly side of
Williamson Road adjacent to Oakland Intermediate School and identified as a
portion of Tax Map No. 3].60].27; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 423.)
Mr. Dowe moved the adoption of Ordinance No. 36670-04].904. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
REPORTS OF COMMITTEES:
ARCHITECTURAL REVIEW BOARD: The 2003 Annual Report of the
Architectural Review Board was before Council.
(For full text, see report on file in the City Clerk's Office.)
942
Without objection by Council, the Mayor advised that the report would be
received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting the following appropriations and transfers was before
Council:
$158,740.00 from the 2003-04 Capital Maintenance and
Equipment Replacement Fund to provide for VHF hand-held
radios, site-based capital maintenance equipment, and facility
alteration requirements;
$96,406.00 from the School Food Services Fund Balance to
provide for food service equipment;
$7,500,000.00 from Virginia Literary Fund initial construction
costs for the Patrick Henry High School project;
$298,977.00 from Virginia Public School Authority Bonds to
reflect actual revenues received for school projects;
$225,000.00 for the Patrick Henry High School project, said
funds will be transferred from the Capital Improvement Reserve
for the modular unit setup and installation at Patrick Henry;
$210,000.00 for increased fuel and heating costs, said funds
will be transferred from the Contingency for State sales tax
deficit.
The Director of Finance submitted a written report recommending that
Council concur in the request of the School Board.
Mr. Cutler offered the following ordinance:
(#36671-041904) AN ORDINANCE to appropriate funding for equipment
from the Capital Maintenance and Equipment Replacement Program (CMERP)
and from the School Food Service Fund balance, 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.
(For full text of Ordinance, see Ordinance Book No. 68, Page 425.)
943
Mr. Cutler moved the adoption of Ordinance No. 36671-041904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
BUDGET-CITY COUNCIL: Mr. Dowe offered the following resolution
establishing a Special Meeting of Council to be held on Thursday, April 29,
2004, at 7:00 p.m., in the Council Chamber, for the purpose of holding public
hearings on the recommended City Budget for Fiscal Year 2004-2005, the
proposed HUD Consolidated Plan for Fiscal Year 2004-2005, and effective
increase in the City's proposed real property tax rate:
(#36672-041904) A RESOLUTION establishing the dates and times for a
Special Meeting of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 68, Page 427.)
Mr. Dowe moved the adoption of Resolution No. 36672-041904. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None ........................ - ......................... O.
BUDGET-COMMI'I-FEES-SCHOOLS: Mr. Harris offered the following
resolution establishing a Special Meeting of Council to be held on Thursday,
May 13, 2004, at 2:00 p.m., in Council Chamber, for the purpose of adopting
measures in connection with the 2005 fiscal year budget, and appointment of
two Trustees to the Roanoke City School Board:
944
(#36673-041904) A RESOLUTION establishing the date and time for a
Special Meeting of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 68, Page 428.)
Mr. Harris moved the adoption of Resolution No. 36673-041904. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Council Member
Cutler commended the Roanoke City Police Department- Citizens Police
Academy, which was named 2004 Agency of the Year by the National Citizens
Police Academy Association at the 7'h Annual NCPAA Convention in Austin,
Texas.
ACTS OF ACKNOWLEDGEMENT-YOUTH: Council Member Bestpitch
advised that April is Child Abuse Prevention Month and commended the
Children's Advocacy Center of the Roanoke Valley for its work with regard to
child abuse prevention.
SCHOOLS: The Mayor announced that Council will entertain comments by
citizens at the 7:00 p.m., Council meeting with regard to applicants for the
position of Roanoke City School Trustee. He advised that Linda F. Wyatt has
withdrawn her application. Applications were submitted by the following
persons prior to the deadline on Monday, April 19, 2004, at 12:00 p. m.:
Dennis M. Binns
Chris H. Craft
Robert R. Craig
David M. Dabay
John W. Elliott, Jr.
Roddy L. Hiduskey
Glenda D. Lee
Alvin L. Nash
Courtney A. Penn
Samuel Robinson
Linda F. Wright
945
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
No citizens requested to be heard.
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-YOUTH-DECEASED
PERSONS: The City Manager commended City employees who participated in
Citizens Appreciation Day on Saturday, April 17, 2004, at Valley View Mall. She
advised that Saturday, April 17, was also Youth Services Day and commended
the hundreds of young people who volunteered their Saturday to give service to
others in the Roanoke community. She also advised that a service in memory of
Ms. Greta Evans was held on Saturday, April 17, 2004, in recognition of the
many contributions by Ms, Evans to the Roanoke community.
At 3:50 p.m., the Mayor declared the Council meeting in recess for one
Closed Session.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, 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 Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith---- ......................................... 7.
NAYS: None .................................................. 0.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor
advised that there is a vacancy on the Human Services Committee, to fill the
unexpired term of Cynthia S. Bryant, ending June 30, 2004; whereupon, he
opened the floor for nominations to fill the vacancy.
946
Ms. Wyatt placed in nomination the name of Randy L. Leftwich.
There being no further nominations, Mr. Leftwich was appointed as a
member of the Human Services Committee, to fill the unexpired term of
Cynthia S. Bryant, ending June 30, 2004, by the following vote:
FOR MR. LEFTWlCH: Council Members Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, Harris, and Mayor Smith ................................... 7.
COMMI'I-rEES-PENSlONS: The Mayor advised that there is a vacancy on the
City of Roanoke Pension Plan, created by the resignation of D. Duane Dixon, for
a term ending June 30, 2004; whereupon, he opened the floor for nominations
to fill the vacancy.
Ms. Wyatt placed in nomination the name of Michael W. Hanks.
There being no further nominations, Mr. Hanks was appointed as a
member of the City of Roanoke Pension Plan, to fill the unexpired term of
D. Duane Dixon, resigned, ending June 30, 2004, by the following vote:
FOR MR. HANKS: Council Members Wyatt, Bestpitch, Cutler, Dowe,
Fitzpatrick, Harris, and Mayor Smith ................................... 7.
Inasmuch as Mr. Hanks is not a City resident, Ms. Wyatt moved that the
City residency requirement be waived in this instance. The motion was
seconded by Mr. Bestpitch and unanimously adopted.
VIRGINIA MUNICIPAL LEAGUE: The Mayor advised that the following
persons have been nominated by Council to serve on Virginia Municipal League
Policy Committees:
Council Member Beverly T. Fitzpatrick, Jr.
Council Member M. Rupert Cutler
Council Member Alfred T. Dowe, Jr.
Jesse A. Hall
William M. Hackworth
- Transportation
Environmental Quality
Human Development
and Education
Finance
- General Laws
947
At 4:25 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, April 19, 2004, 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 Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris and Mayor
Ralph K. Smith ..................................................... 7.
ABSENT: None ............................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
COMMITTEES-CITY COUNCIL-SCHOOLS: The City Clerk having advertised
a public hearing for Monday, April ].9, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to receive citizen comments with regard to' the
appointment of two Trustees to the Roanoke City School Board for three year
terms of office, commencing July 1, 2004 and ending June 30, 2007, the matter
was before the body.
948
Council previously extended the deadline for receipt of applications from
March 10, 2004 at 5:00 p.m., until Monday, April 19, 2004, at 12:00 p.m.
Applications were received in the City Clerk's Office from the following persons:
Dennis M. Binns
Chris H. Craft
Robert R. Craig
David M. Dabay
John W. Elliott, Jr.
Roddy L. Hiduskey
Glenda D. Lee
Alvin L. Nash
Courtney A. Penn
Samuel Robinson
Linda F. Wright
Linda F. Wyatt (Withdrawn by Ms. Wyatt)
Advertisement of the public hearing was published in The Roanoke Times
and in The Roanoke Tribune on Thursday, April 8, 2004 and Thursday,
April 15, 2004.
The Mayor inquired if there were persons present who would like to
speak in connection with the matter; whereupon, the following persons
addressed the Council:
Ms. Vickie Royer, 3772 Norway Avenue, N. W., spoke in support of the
application of Alvin L. Nash. She advised that:
Mr. Nash is just, fair and unbiased, with an unwavering
compassion to those issues that he chooses to champion.
He is an excellent mediator who is trusted by citizens of the
community to make the best decision for all persons
involved.
He would bring a sense of calm in the midst of a storm to the
School Board.
He exemplifies true leadership and integrity and his
expertise will be valuable in times of crisis and confusion.
As a co-worker and as a supervisor, he is neither
condescending nor boastful.
949
He strives to be available to help with problems that arise,
and with the unrest and distrust that exist in the school
community today, the qualities of Mr. Nash will be a much
needed asset.
Ms. Marcia Gunn, 3816 Panorama Avenue, N. W., spoke in support of the
application of Alvin Nash, who is also her brother. She advised that:
He has always been a strong, constitutional man who wants
to make the right choices and do the right things in life; he is
a man of diligence, community based and loves people,
community-wide.
He is a person who wants to help and to be a part of the
solution.
He has worked long hours to achieve his many
accomplishments; he is dependable, direct and wishes to
make a contribution to the progress of the City.
Ms. Annette Lewis, 4606 Casper Drive, N. E., spoke in support of the
application of Alvin Nash. She advised that:
Having known Mr. Nash for over ten years, she has been
impressed by his skills, which make him an excellent
candidate for continued membership on the School Board.
He is fiscally responsible, intelligent, opened minded, fair
and decisive.
As Executive Director, Blue Ridge Housing Development
Corporation, he has the responsibility of managing a multi
million dollar budget through government, civic and local
contracts, which would not be possible without the training
and leadership that he provides to his staff by keeping them
abreast of ever changing policies, procedures, regulations
and requirements that govern a successful organization.
He is wise enough to know that it is necessary to weigh both
sides of any issue in order to make informed decisions; and
he does not hesitate to take the time to do the necessary
homework to ensure that he is knowledgeable about the
issues that he is called upon to address.
950
He treats his staff, colleagues, friends and acquaintances
with respect, valuing the opinion of all, regardless of their
background or differences of opinion.
He is not afraid to make difficult decisions, even though
difficult decisions are often unpopular.
The art of negotiation is one of his greatest skills and he has
already brought those skills to the School Board.
Ms. Lewis encouraged Council to reappoint Mr. Nash to the School Board
in order to continue his work for the benefit of students, teachers,
administrators, and citizens.
Mr. Thomas Miller, 3429 Windsor Road, S. W., spoke in support of the
candidacy of Linda F. Wright. He advised that:
Ms. Wright has a great commitment to children and to their
education which is evidenced by her 30 years of service to
the children of the Roanoke Valley, 21 years as an educator
in the City of Roanoke and nine years as an educator in
Roanoke County in the capacity of teacher, administrator and
principal.
She is a parent who raised her children in Roanoke City
Public Schools and she currently has a child enrolled in the
Roanoke City school system.
She has been actively involved in the Roanoke City School
system, while holding a full time job in the Roanoke County
School system.
As an applicant, she is unique because of her background as
an educator; many times policies and practices are
implemented by a School Board or a central office, yet the
practical implication of what takes place and how it impacts
the schools on a daily basis is not considered; therefore,
Council has the unique opportunity to appoint an educator to
the School Board who can provide the necessary input on
how policies and procedures will affect teachers, resource
officers, principals and the entire school community.
951
She has experienced, first hand, some of the ~roblems and
discomfort that others have experienced in the Roanoke City
Public Schools, which gives her a unique perspective on how
the school system has failed students and families.
Mr. Miller requested that Council favorably consider the application of
Ms. Wright as a member of the Roanoke City School Board.
Mr. Roy White, 3009 Dover Drive, S. W., spoke in support of the
application of Linda Wright. He advised that:
He has two children in the Roanoke City Schools and serves
as Ms. Wright's Pastor at Raleigh Court United Methodist
Church, where she is a member of the Staff Parish Relations
Committee.
During difficult and traumatic issues concerning church staff,
he has counted on her expertise as a professional and as an
administrator to help navigate personnel issues.
She is an administrator who has earned the respect of
students because they know she is interested in their well
being.
Mr. White requested that Council give serious consideration to the
application of Ms. Wright for appointment to the Roanoke City School Board.
Ms. Stephanie Dickinson, 3101 Hubbard Road, S. W., spoke in support of
the application of Linda Wright. She advised that:
She (Ms. Dickenson) is Youth Director at Raleigh Court United
Methodist Church, where she has known Ms. Wright through
their shared ministry and friendship in the faith community.
Her passion is the protection, nurturing and development of
young people in the Roanoke Valley.
The School Board has a unique opportunity to benefit from
the wealth of knowledge and experience offered by Ms.
Wright as an educator.
952
She has served as a first, fourth and fifth grade teacher, as
an instructor to gifted children in Roanoke City Schools; as
Principal at Garden City and Westside Elementary Schools;
and she succeeded in educating children from
white/ethnic/minority families who are challenged by Iow
income and she recognizes and addresses all sides of the
issue.
She was involved in staff development in the Roanoke City
Schools and has served as Principal at Penn Forest
Elementary School for nine years, therefore, she knows the
necessary requirements to provide quality instruction.
The School Board is directed with the responsibility of
managing the school system through employment and
evaluation of the School Superintendent and establishing
policy and budgets; Ms. Wright has served under a number
of School Superintendents during her career and will offer a
valuable perspective in connection with selection of a new
School Superintendent.
Penn Forest Elementary School is undergoing major
renovations at this time, therefore, she knows how a school
building impacts learning.
When reviewing the present membership of the School
Board, there is a diversity of professionals ranging from
financial, medical, legal, housing and social work
backgrounds, some of which have long experience in serving
on Parent-Teacher Associations, and this group of
individuals would benefit from the depth of experience in
education that Ms. Wright would bring to the School Board.
It is the responsibility of the School Board to ensure that the
public understands the school system's goals and programs;
therefore, Ms. Wright's knowledge, integrity and compassion
would build public support and trust in Roanoke City Public
Schools.
953
Mr. Craig Balzer, 6329 Spring Run Drive, spoke in support of the
candidacy of Alvin Nash. He advised that:
He (Mr. Balzer) currently serves as Chair of the Blue Ridge
Housing Development Corporation where Mr. Nash is
Executive Director, and they have worked together on
numerous issues which have allowed Mr. Nash to brief the
Board of Directors on pertinent matters and to enlist the
support of the Board to ensure that he was not stepping
outside of his bounds of authority.
He takes the roles that he assumes seriously and when he
takes on a job, he does not allow other duties and
responsibilities to suffer.
Ms. Lisa Updike, 2803 Woodlawn Avenue, S. W., spoke in support of the
application of Linda Wright. She advised that:
The Roanoke City School system has been under much
scrutiny and much of the speculation and judgments have
been negative; therefore, the expertise of Ms. Wright is
needed to change the perception of negativity; and Council
has the power to impact a negative situation by appointing
the right School Board members.
The School Board is charged with the responsibility of hiring
a new school Superintendent who will carry Roanoke City
Schools through the next decade; if the City is to stem the
perception of negativity, it is vital that School Board
members possess a background in the workings of
education. She would provide an insider' knowledge that
others from different careers could not provide and her input
would be invaluable in allowing the School Board to lead with
confidence and authority, making and implementing
decisions that will save the community from costly and
embarrassing problems that could occur in the future.
Ms. Updike requested that Ms. Wright's wealth of experience and
devotion to service not go to waste; and her dedication to education and to
children makes her the most valuable person to be appointed to the School
Board.
954
Mr. Rick Moore, 3004 Northview Drive, S. W., spoke in support of the
application of Linda Wright. He advised that he is the parent of three children
enrolled in the Roanoke City Schools, therefore, he wants the City's school
system to succeed. He advised that:
Ms. Wright will bring the perspective of teacher, principal,
and parent to the School Board, which will also help the
School Board through troubled times.
Her expertise on classroom issues and strong community
commitment makes her the right choice for the Roanoke City
School Board because she cares about children, teachers and
the City and would be an asset to the Roanoke City School
Board.
Ms. Trisha Edwards, 3045 Poplar Lane, S. W., spoke in support of the
application of Linda Wright. She advised that:
Ms. Wright comes with no established agenda, other than to
be an advocate for the children and the parents of the City of
Roanoke.
As a principal, she is familiar with the Code of Virginia and
requirements of the State Department of Education; and as
the parent of a child enrolled in Roanoke City schools she
has knowledge of day to day activities in the schools.
Ms. Edwards advised that Ms. Wright will be an asset to the Roanoke City
School Board, and requested that she be appointed to the position of School
Trustee.
Mr. Robert Craig, 701 12~h Street, S, W., advised that the School Board's
budget makes the cost of the stadium/amphitheater project small in
comparison, in addition to the $90 million bond issue, both of which are issues
that will be of major importance the School Board. He stated that the City Code
provides that Council will select members of the Roanoke City School Board
from those applications filed with the City Clerk by March 10, therefore, absent
an amendment to the City Code, it was cavalier of the Council to extend the
period for receipt of applications to April 19, 2004.
955
Ms. Allison Blanton, 1701 Arlington Road, S. W., spoke in support of the
application of Linda Wright. She advised that:
Ms. Wright has children who have gone through elementary,
middle and high school in the Roanoke City Public School
system.
She is dedicated to children by placing them first and
foremost.
She is held in high regard because of her clear commitment
to children and education; she is strong in staff development
and not only does she care about the children, she also cares
about teachers and other staff.
A wide array of talents exist on the present School Board, but
concern for teachers may be lacking and Ms. Wright would
bring this ingredient to the School Board.
Ms. Blanton encouraged Council to appoint Ms. Wright to the Roanoke
City School Board.
There being no further speakers, the Mayor declared the public hearing
closed.
Mr. Fitzpatrick moved that Council convene in Closed Session to discuss
two vacancies on the Roanoke City School Board, 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 Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and
Mayor Smith ................................ - ..................... 6.
NAYS: None ................................................. 0.
(Council Member Wyatt abstained from voting.)
956
ZONING: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a request of Echo Sentinel
Group, L.L.C., to repeal conditions approved pursuant to Ordinance No. 35070-
100200 and to replace such conditions with new proffered conditions, with
regard to property located at 3509 Peters Creek Road, N. W., identified as
Official Tax No. 6421133, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 2, 2004, and Friday, April 9, 2004.
The City Planning Commission submitted a written report advising that
the petitioner requests that proffers enacted pursuant to Ordinance No.
35070-100200 be repealed and replaced with the following proffered
conditions:
That the property will be developed in substantial conformity with
the Schematic Site Plan for Echo Sentinel Group, prepared by ACS
Design, under date of March 1, 2004, subject to any changes that
may be required by the City during comprehensive site
development plan review;
That the property will be developed in substantial conformity with
the Front Elevation Plan dated January 8, 2004, prepared by Alam
Design Group, subject to any changes that may be required by the
City during comprehensive building plan review; and
If a freestanding sign is erected on site, it shall be limited to a
monument style sign with a maximum height of ten feet and a
maximum signage surface area of 50 square feet; the sign shall
have an appearance similar to and use materials like those
proposed for the building elevation indicated on Exhibit 4.
The petitioner further requests that a new site plan and front building
elevation be substituted for the existing plans binding on the subject property
as enacted in 2000; and the newly proffered site plan notes the following:
A building with a footprint of 2,500 square feet, oriented to
Lewiston Street and sited with its front corner situated 33
feet from the right-of-way of Peters Creek Road (minimum
front yard on Peters Creek Road is 30 feet; secondary front
yard requirement on Lewiston is 15 feet);
957
A 30 foot curb cut on Lewiston Street;
18 off-street parking spaces, three of which are in a covered
parking area, plus two handicap accessible spaces;
· Street trees as required by Code; and
A ten foot wide evergreen screening buffer along the
southern property line adjacent to a residentially-zoned
property as required by Code.
The petitioner further proffers a front elevation that delineates a brick
fac;ade, two-story building, with an attached covered parking area.
The City Planning Commission recommended that Council approve the
request for amendment of proffers, given the appropriateness of proffered
conditions in terms of scale and density of the development, minimizing access
to the site, off-street parking and signage, and developing a two-story
building.
Mr. Dowe offered the following ordinance:
(#36674-041904) AN ORDINANCE to amend §36.1-3 and 36.1-4, Code
of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976
Zone Map, City of Roanoke, by repealing Ordinance No. 35070-100200,
placing certain conditions on Official Tax No. 6421133, and replacing such
conditions with new conditions on the subject property which is conditionally
zoned C-1, Office District, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 430.)
Mr. Dowe moved the adoption of Ordinance No. 36674-041904. The
motion was seconded by Mr. Cutler.
Joseph Lohkamp, Co-Owner, Sentinel Group, LLC, appeared before
Council in support of the request.
958
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
Because of the lack of hardiness of Bradford pear trees, Council Member
Cutler suggested that another species of trees be considered as a part of the
site plan.
There being no further discussion or comments by Council Members,
Ordinance No. 36674-041904 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith .................................................. 7.
NAYS: None ................................................. 0.
CITY PROPERTY-LEASES-COMMONWEALTH OF VIRGINIA BUILDING:
Pursuant to instructions by the Council, the City Clerk having advertised a
public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on an extension of an existing lease with the
Untied States Federal Government, General Services Administration, of a portion
of City-owned property known as the Commonwealth Building, located at 210
Church Avenue, S. W., for office space through October 31, 2004, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 9, 2004.
The City Manager submitted a communication advising that the United
States General Services Administration (GSA) leases the second floor of the
Commonwealth Building for use by the Federal Bankruptcy Court and affiliated
offices, the lease agreement expired on January 31, 2004, however, the original
agreement provides the GSA with an option to continue the agreement on a
month-to-month basis (not to exceed 90 days), if the GSA retains possession
of the premises beyond the expiration date; and the GSA is currently exercising
its option and is interested in continuing the lease of the second floor, as well
as initiating the lease of an additional office suite on the first floor.
959
It was further advised that currently, the GSA leases 12,413 square feet
on the second floor of the Commonwealth Building; current lease rate is $6.50
per square foot plus $4.07 per square foot for operating costs; the agreement
requires an annual increase of operating costs based on the Consumer Price
Index 1982 - 1984 = 100; current total annual rent is $131,290.08; the GSA
has agreed to lease an additional office suite on the first floor upon completion
of renovations designed to meet the needs of the Bankruptcy Court; current
construction schedule for the additional space lists an anticipated completion
date around the end of August; the GSA is prepared to execute an agreement
with the City of Roanoke for the additional space when construction is
completed; the current lease agreement must be extended until the new space
is ready for occupancy; and upon completion of the new space, a new
agreement will be required to include all leasable space.
The City Manager recommended that she be authorized to offer and to
execute an extension of the existing lease between the City of Roanoke and the
General Services Administration through October 31, 2004, to allow
appropriate time for renovation of the first floor office suite and completion of
the new lease agreement, with all documents to be approved by the City
Attorney.
Mr. Fitzpatrick offered the following ordinance:
(#36675-041904) AN ORDINANCE authorizing the extension of an
existing lease between the City of Roanoke and the General Services
Administration of the United States of America for the lease of certain space in
the Commonwealth Building, located at 210 Church Avenue, S. W., for a period
ending October 31, 2004; authorizing the City Manager to execute the requisite
lease extension agreement; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 431.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36675-041904.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
960
There being no discussion or comments by Council Members, Ordinance
No. 36675-041904 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
DONATIONS-CITY PROPERTY-HOSPITALS: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday, April 19,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
proposed conveyance of portions of City-owned property located at the
intersection of Yellow Mountain Road and Jefferson Street, S. E., Official Tax No.
4060502, to Carillon Medical Center for expansion purposes, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rnes on Friday, April 9, 2004.
The City Manager submitted a communication advising that the City of
Roanoke currently owns property located adjacent to Roanoke Memorial
Hospitals, and Carillon Medical Center is proceeding with expansion of
thehospital and is in need of a portion of the property which jogs into the
Carillon site; and Carillon Medical Center has agreed to purchase the property
from the City at its appraised value.
It was further advised that a plat was prepared subdividing City-owned,
Official Tax No. 4060502; the 0.427 acre "Parcel B" and the 0.026 acre
"Parcel D" as shown on Attachment No. i to the communication is the area
proposed to be conveyed to Carillon Medical Center; an appraisal was prepared
by Miller, Long & Associates, Inc., on February 24, 2004, for Parcel B; the fee
simple market value was determined to be $95,000.00, or $5.11/square foot;
Parcel D has been added since the appraisal, but is of a similar location and
nature; and extending the same square foot price to Parcel D would bring the
appraisal for both parcels of land to $100,780.00.
The City Manager recommended sale of the property to Carillon Medical
Center for $100,780.00 by special warranty deed, such deed to be approved as
to form by the City Attorney.
961
Mr. Fitzpatrick offered the following ordinance:
(#36676-041904) AN ORDINANCE authorizing the City Manager to
execute the necessary documents providing for the conveyance of a .0427 acre
parcel and a 0.026 acre parcel of City-owned property known as Parcel B and
Parcel D, respectively, being portions of Official Tax No. 4060502, located
adjacent to Roanoke Memorial Hospital, to Carillon Medial Center, as shown on
a plat from records and boundary line ad.iustments for Carillon Medical Center
showing the resubdivision of Official Tax No. 4060502, containing 58.189
acres and dated March 24, 2004, upon certain terms and conditions, and
contingent upon approval of the City's subdivision plat; and dispensing with
the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 433.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36676-041904.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36676-041904 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris and Mayor Smith ............................................. 7.
NAYS: None ..... ' ....................................... ~---0.
EASEMENTS-CITY PROPERTY-ROANOKE GAS COMPANY: Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing
for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the proposed conveyance of a ten-foot by ten-foot easement
across City-owned property located in Jackson Park, S. E., Official Tax No.
4130501, to Roanoke Gas Company for relocation of an eight-foot high relief
valve from the northern side of Morningside Street, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 9, 2004.
962
The City Manager submitted a communication advising that pursuant to
Ordinance No. 36532-102303, Council approved the request of Roanoke Gas
Company for a ten-foot by ten-foot easement on City-owned property located
in Jackson Park, S. E., in order to relocate an eight-foot high relief valve from
the northern side of Morningside Street; the contractor installing the valve
failed to locate the valve within the specified easement area; and Roanoke Gas
Company is requesting that the easement area be revised to accommodate the
actual location of the valve, which is approximately 53' from the property line
adjacent to Langhorn Street, instead of 27'11" as shown on the original
request.
Following the public hearing, the City Manager recommended that she be
authorized to execute the appropriate document granting the easement as
above described to Roanoke Gas Company, said document to be approved as to
form by the City Attorney.
Mr. Cutler offered the following ordinance:
(#36677-041904) AN ORDINANCE authorizing the donation and
conveyance of a ten-foot by ten-foot easement on City-owned property known
as Jackson Park, identified by Official Tax No. 4130501, to Roanoke Gas
Company, to relocate an eight foot high valve from the northern side of
Morningside Street to fifty-three feet from the property line adjacent to
Langhorn Street, upon certain terms and conditions; dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 434.)
Mr. Cutler moved the adoption of Ordinance No. 36677-041904. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36677-041904 was adopted by the following vote:
963
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
EASEMENTS-CITY PROPERTY-CABLE TELEVISION: Pursuant to instructions
by the Council, the City Clerk having advertised a public hearing for Monday,
April i9, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the proposed conveyance of a perpetual five foot wide by 130 foot long
easement across City-owned property located at Franklin Road, S. E., Official
Tax No. 4016004, to Cox Communications, Inc., to provide
telecommunications service to a building located at IIi Franklin Road, S. E.,
the matter was before the body.
Legal advertisement of the public hearing was published in The
Times on Friday, April 9, 2004.
The City Manager submitted a communication advising that Cox
Communications, Inc., (Cox) has requested a perpetual five foot wide by 130
foot long easement to locate telecommunications facilities on City-owned
property identified as Official Tax No. 4016004; the easement will permit
installation of fiber optic cables, fixtures and appurtenances necessary to
provide telecommunications services to the building located at 11! Franklin
Road; if facilities located within the easement are removed, the easement shall
become null and void; and Cox has agreed to pay $1,850.00 for the easement.
Following the public hearing, the City Manager recommended that she be
authorized to execute the appropriate documents granting a five foot wide by
130 foot long easement as above described to Cox Communications, Inc., to be
approved as to form by the City Attorney.
Mr. Bestpitch offered the following ordinance:
(#36678-041904) AN ORDINANCE authorizing the donation and
conveyance of a perpetual five foot by one hundred thirty foot easement on
City-owned property at Franklin Road, S. E., identified by Official Tax No.
4016004, to Cox Communications, Inc., to install fiber optic cables, fixtures
and appurtenances for the purpose of providing telecommunication services to
the building located at 111 Franklin Road, S. E., 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, Page 435.)
964
Mr. Bestpitch moved the adoption of Ordinance No. 36678-041904. The
motion was seconded by Mr. Cutler
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36677-041904 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ................................................... 7.
NAYS: None .................................................. O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
POLICE DEPARTMENT-COMPLAINTS: Mr. Robert Gravely, 729 Loudon
Avenue, N. W., expressed concern with regard to legal issues, growth of the
City of Roanoke based on the work of its citizens, the need for more jobs
leading to a reduction in crime, respect for the work of people, compassion for
people which will cause more persons to want to live in the Roanoke area, an
improved relationship with the City's employee workforce, and the need for a
program that will empower City employees to do their jobs in a better way.
At 7:50 p.m., the Council meeting was declared in recess for one closed
session.
At 8:05 p.m., the meeting reconvened in the City Council Chamber, with
all Members of the Council in attendance, except Ms. Wyatt, 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 exempt 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:
965
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Wyatt was absent.)
SCHOOLS: Mr. Harris moved that Alvin L. Nash, Courtney A. Penn and
Linda F. Wright receive the formal interview for the position of School Trustee
on Thursday, April 22, 2004, in the City Council Chamber, said interviews to
commence at 4:30 p.m. The motion was secOnded by Mr. Bestpitch and
adopted.
At 8:10 p. m., the Mayor declared the Council meeting in recess until
Thursday, April 22, 2004, at 4:30 p. m., in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, at which time Council will conduct interviews for two vacancies on the
Roanoke City School Board.
The Monday, April 19, 2004, regular meeting of Roanoke City Council,
which was recessed until Thursday, April 22, 2004, was called to order at
4:30 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith
presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M.
Rupert Cutler, Beverly T. Fitzpatrick, Jr., C. Nelson Harris, and Mayor Ralph K.
Smith ............................................................ 6.
ABSENT: Council Member Alfred T. Dowe, Jr.- ...................... ]..
OFFICERS PRESENT: Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Alvin L. Nash, Courtney A. Penn
and Linda F. Wright.
The invocation was delivered by Mayor Smith.
The Pledge of Allegiance to the Flag 'of the United States of America was
led by Mayor Smith.
966
SCHOOLS: The Mayor advised that on June 30, 2004, the terms of office
of Alvin L. Nash and Ruth C. Willson as Trustees of the Roanoke City School
Board will expire; and the purpose of the reconvened meeting is to interview
three candidates for two positions on the Roanoke City School Board, for three
year terms of office, commencing July :1, 2004 and ending June 30, 2007.
The Mayor further advised that Council will publicly interview each
candidate separately and out of the presence and hearing of the other
candidates, and interviews have been scheduled in the following order:
4:30 p.m.
5:00 p.m.
5:30 p.m.
Alvin L. Nash
Courtney A. Penn
Linda F. Wright
The Mayor explained that each candidate will be given the opportunity to
make an opening statement of not more than five minutes; and thereafter,
Council will ask such questions as the Council, in its discretion, deems
advisable. He stated that three interviews will be held and each interview will
consist of approximately 30 minutes; after each interview has been completed,
the candidate may leave the Council Chamber inasmuch as no action will be
taken by the Council this evening; and all interviews will be taped by RVTV
Channel 3 to be televised on April 26, 2004, at 11:00 a.m. and May 4, 2004, at
8:00 p.m.
The first person to the interviewed was Alvin L. Nash.
Mr. Nash expressed appreciation for the consideration afforded to him by
the Council. He advised that:
The past four months that he has served on the School Board
have been more than he expected, but also one of the most
rewarding experiences of his life.
Education is the key ingredient to economic opportunity and
leads to a healthy, productive life and environment.
Students, parents, teachers and administrators make up the
system which demands strong communication and
cooperation.
967
The pride and joy of any progressive community should be
its educational system and education should be judged by
not only what the well instructed prove to know, but more
fully by what students are empowered to do in fulfilling their
lives.
The School Board is responsible to the community to ensure
quality education and a safe environment; and fiscal
responsibility and leadership are paramount for a productive
school system.
The School Board must be proactive and precise in its
actions.
One of his strengths is problem solving and relationship
building.
Over a period of time, he would introduce an agenda of
changes to the School Board, such as a Superintendent of
Education and a Director of Operations, in order to separate
the bricks and mortar from the books, because the
responsibility of Superintendent is too large and complicated
for only one person, and the two positions would lead to a
more sophisticated management system.
The School Board should have a full time Clerk independent
of the Office of Superintendent to address management
issues and responsibility.
It is important for the School Board to participate in focus
group meetings with only teachers in attendance at least
once per year in order to obtain input on various issues.
The responsibility of "ambassador" should be added as the
second or third priority of the new School Superintendent.
He looks forward to participating in the selection of the next
Superintendent because strong leadership is needed.
968
It has been recommended to the School Board that the Chair
rather than the Superintendent deliver the annual State of the
Schools Address at the beginning of the school year, in order
to bring the School Board closer to teachers and to students
so that all parties understand that the School Board is a part
of the vision, and the Board is in charge and aware of
concerns.
He offered a motion, which was approved by the School
Board, to establish a School Incident Report, which will be
the responsibility of the Superintendent and will be provided
to the School Board on a nine week reporting cycle; the
report will include every incident that occurs whether
reported by the principal, teacher or the School Resource
Officer; in situations where the reporting parties do not
agree on a category of incident, the incident will be reported
both ways, since it is important to receive all information;
such reporting in and of itself will not make the schools safe,
but having all information to process will lead to making
better decisions; and the School Incident Report, along with
School Safety Task Force results, will allow the School Board
to continue working on issues of school safety, discipline,
crime and violence.
The School Board is in the "education" business by definition,
but the Board is also in the "comfort" business by necessity,
which means that if parents, teachers and students are not
comfortable with what is happening in the schools, the
School Board must examine the system.
The next three years will be critical; Patrick Henry High
School must be built within a tight budget and then make
way for William Fleming High School improvements; a new
School Superintendent must be hired; and the work of the
School Safety Task Force must be processed and translated
into policies that provide a reasonable expectation that the
School Board cares about and knows what is going on in the
schools.
969
The City Manager has explained the importance of safe
schools to the overall perception of the City of Roanoke in
terms of businesses locating in the City and/or persons
retiring to the area; the public image of the schools must be
addressed because there are good things happening in
Roanoke City Public Schools, with many excellent teachers
and programs that must be promoted; there must be
continued translation of policies in regard to the Standards
of Learning and the No Child Left Behind Program; and he
looks forward to being a part of the City's ongoing
educational program.
Mr. Bestpitch asked the following questions:
In view of the importance of public image, and a perceived rift by the
general public between City Council and the School Board, what are specific
things that need to happen in order to ensure a strong cooperative working
relationship between City Council and the School Board?
Mr. Nash referred to the "buddy system" which has some merit, but
needs to be improved upon; there should be more meetings of the two bodies;
there is a need for appointment of a public relations committee; School Board
members should be more involved in the work of Council in order to promote
the City; a type of reporting mechanism similar to that which currently exists
between the Superintendent and the City Manager would be beneficial; and the
relationship between Council and the School Board needs to be strengthened.
He stated that he did not believe that there is a rift between Council and the
School Board, but a lack of opportunities to work together.
If the Council and the School Board is to have a strong working
relationship, or a partnership that includes not only the Council and the School
Board, but the Superintendent and the school administration, how can teachers
and other staff be made to believe that they are a part of the partnership?
Mr. Nash advised that the only way people feel comfortable or a part of
something is to involve them in the process and spoke in support of working
closer vyith Teacher Associations and Parent-Teacher Associations, because
parents also need to feel a level of comfort in the relationship. He stated that a
new structure needs to be looked at from the level of School Board and City
Council, and then look at a mechanism(s) that will involve other persons
involved in the school system.
97O
Mr. Cutler asked the following questions:
With regard to school safety and those students who are unable to
function in a regular school setting and are assigned to alternative education,
do you have suggestions on how to capture the attention of these young people
in order to keep them in school and to help them lead productive lives?
Mr. Nash advised that one of the problems is the collection of students
who have experienced problems in the regular school setting; therefore, their
social skills and attitudes and what they believe is proper and right is
concentrated with each other and they become the general population;
academics or activities that address their specific problems will help to keep
them in school longer; and there is a need for more parental involvement at the
Noel C. Taylor Learning Center as opposed to Patrick Henry High School for
example. He stated that he served on a review panel regarding two student
expulsions, and it was difficult to make the decision to expel the students
because they were the victims of a certain type of social life, or a lack of
alternatives; and even though basic academics are necessary, anger control and
social skills must be intensified.
Do you see an opportunity to intensify anger control and social skills?
Mr. Nash advised that there is an opportunity to improve social teaching
and social skills at a cost of time and money, but such is not now the agenda of
the School Board. He called attention to a lack of programs for the alternative
education student, he is committed to addressing the problem, it should be
difficult for a student to be expelled from the school system, but at the same
time there must be an established standard because the school system cannot
tolerate a student who is a trouble maker.
Mr. Fitzpatrick asked the following questions:
What is your perspective on where the City is with regard to educational
excellence? The safety issue is very important, but it is not as bad as some
persons have stated. Do you feel comfortable with the current level of
education?
971
Mr. Nash advised that Roanoke City is close to being OK; Roanoke has an
excellent educational/academic system, with good teachers and instructional
mechanisms in place, but the school system needs to continue to work on
education because education can always be improved upon; as the School
Board searches for a new Superintendent, it will be looking at ways to address
educational excellence to ensure that once the safety issues are addressed, or
the perception of violence, etc., that Roanoke City is also in line with the
Standards of Learning, the No Child Left Behind Program and academic
discipline; and academic discipline is an exciting part of the school system and
is the part that translates to the community that the City of Roanoke has a
good school system and.is an excellent place for children to be educated, which
has not been in the forefront to date and calls attention to the need for strong
public relations to counter balance some of the negative occurrences.
What can be done to help assure parents that the School Board is in
control of school issues?
Mr~ Nash advised that the School Board is not only in the "education"
business, but in the "comfort" business as well, communication and public
relations issues must be addressed, parents must receive the assurance that
their children will experience a great educational challenge while forming
relationships and friendships, Roanoke must provide the image that its schools
are safe, more parental involvement is important, the school system should not
be managed by crisis but through development of a plan leading to the right
image and perception of Roanoke City Schools.
Mr. Fitzpatrick referred to an incident where a third grade student
attacked a teacher and the negative response by the parent. He inquired if
something can be done by the School system and the City collectively to
overcome the negative attitudes by some parents.
Mr. Nash referred to his previous remarks concerning the issue of
expelling students and advised that his hesitation to expel a student was not so
much because of'what the student did, but because of the student's lack of a
support system at home; and a common problem would create a stronger
relationship between Council and the School Board, and the motivation to
encourage some parents to participate in their child's education and to display
a more positive attitude is a difficult issue to address.
972
Vice-Mayor Harris asked the following questions:
Given the context that the school system is currently in, how serious will
the School Board take the expulsion recommendations of the Superintendent
and School Administration?
Mr. Nash advised that it is the responsibility of the School administration
to ensure that all things have been done properly once a case reaches the
School Board for expulsion consideration; there is no hesitation on the part of
the School Board to act on expulsions because the School Board has the
responsibility to protect the school system; it is the responsibility of the School
administration to bring forth a good case and it should be very difficult for a
student to be expelled; the Superintendent and administration almost always
err on the side of being too tolerant; and the School Board is diligent in
responding to an expulsion where background information is in order because
the School Board must uphold the law and the integrity and protection of other
students.
Given the City's current list of capital projects, from the standpoint of an
individual School Board member and the School Board as a whole, what is the
School Board prepared to do relative to the scale and cost of renovations to
Patrick Henry and William Fleming High Schools?
Mr. Nash advised that the School Board understands the mandate of
Council regarding debt service, and the Board has made a recommendation to
adjust debt service; the School Board has learned to ask the right questions and
to encourage the School administration to come to the School Board for
guidance; and the Patrick Henry High School building plan is the first time that
a project of this magnitude has occurred, therefore, certain estimating mistakes
were made and the School Board is conscious of keeping the project under
cost, while being fiscally responsible.
Council Member Wyatt did not participate in the interview.
The Mayor expressed an interest in the concept of having management
oversee the school plant and an educator oversee the education component.
He stated that he believes in the system of the election of Council by the
citizens and School Board appointments by the Council, and called attention to
an incident which occurred before Mr. Nash was appointed to the School Board
when the School Board contradicted a majority decision of City Council. He
advised that in the future, it is hoped that the School Board will follow the
Council's lead. He stated that he had no questions to ask of Mr. Nash.
973
The second person to be interviewed was Courtney A. Penn.
Mr. Penn advised that:
He is applying for the position of School Trustee due to
personal and professional experiences that will allow him to
be a valuable team member, thus adding to core
competencies in areas of expertise of continuing School
Board members.
One of the assets he would bring to the School Board is his
experience on the "book ends" of public education, and he
knows the requirements in order to be successful on a
college campus due to his personal experience at
Washington and Lee University.
He understands the importance of preparing preschool
children for success in kindergarten.
If selected to the School Board, he will bring a commitment
to work collaboratively and hopes to be a part of a School
Board that will work cooperatively with City Council to set a
distinct course of action for the public education component
of the City of Roanoke; and it is hoped that Council will have
the faith and confidence in the School Board to allow the
Board to protect the City's investment by implementing a
vision for education.
He has a vision of what is possible in Roanoke when there is
courage to question leadership, to refrain from rash
judgment, to investigate and when appropriate, to
implement non-traditional initiatives; he has a vision for a
school system that sows the seeds of competition and yields
trust, respect, and engagement; he has a vision for a school
system that makes communication a priority where decisions
can be debatable but the rationale and relationship to the
overall vision is clear, concise and thoroughly communicated
to all stakeholders; he has a vision for Roanoke CitY Schools
that engages the traditionally disengaged student to prepare
974
them for a future so that they can contribute to society
rather than impose on society; and he has a vision of what is
possible with continued courage, collaboration and
communication.
He is a native of Roanoke who returned to the Roanoke
Valley approximately six years ago with two goals in mind
upon his return: one: to get married and start a family and
two: to contribute to the community that nurtured him;
today, he and his wife are the parents of a five year old son
and a nine month old daughter, and his son attends Fishburn
Park Elementary School which causes him to be even more
committed to his civic vision.
He expressed appreciation to those who currently serve, or
have recently served, on the School Board.
There are challenges that must be addressed, but at the
same time astounding progress is being made on the
academic side of the school system that should not be
overlooked, with test .scores that continue to rise, the drop
out rate has decreased, teacher quality is stronger than ever,
and students and teachers are being recognized for various
accomplishments throughout the Commonwealth of Virginia.
If all of the good things that the School administration and
the faculty have accomplished is not recognized, the hard
work of many dedicated professionals and support staff will
be devalued.
If appointed to the School Board, he will do everything in his
power to return schools to the Roanoke community that are
worthy of the children and the families that they serve.
Mr. Fitzpatrick asked the following questions:
What are your ideas about addressing the school safety issue, whether
perceived or realistic?
975
Mr. Penn advised that school safety is an issue as long as it is strongly
perceived by a large segment of the community to be an issue; there is a need
to continue to dwell on some of the good things that are happening in
Roanoke's school in an effort to be more proactive; if students know that the
City of Roanoke offers a good school system, they will be more energized to
make the system stronger and that kind of perspective builds upon itself; and
communication has been the major problem that allows the safety perception
issue to prevail in Roanoke City Public Schools.
Vice-Mayor Harris asked the following question:
Based on your background or experiences, how would you contribute to
shape or inform with regard to renovation/rebuilding of Patrick Henry and
William Fleming High Schools?
Mr. Penn advised that he has no personal or professional experience with
projects of this magnitude, but he understands his own personal checkbook
and agrees with Council's sentiment to hold fast to a ten per cent debt service
on the projects; a base line must be set with a commitment to take no debt
over a certain amount; it is then incumbent upon the School Board and staff to
look at the hard and soft costs of the project and determine how the project
can be done for the amount of capital funds to be expended. He stated that
although the matter is more complicated than dealing with a personal checking
account, ultimately .the principle is the same because of the need to look at
what is to be purchased with a specified budget.
What are the top two qualifications you would look for in selecting the
next School Superintendent?
Mr. Penn advised that a Superintendent is needed who will be seen as an
active participant in the educational arena and the civic arena; and although he
has the utmost respect for Dr. Harris who has done some great things for
Roanoke City, the next Superintendent should be somewhat different. He
stated that the next Superintendent should be more people centered, more
engaged in what is happening in the community, more involved with parents
and others, and a person who is willing to make a commitment to the
educational side of the arena. In summary, he stated that he would look for a
person who is people centered and educationally focused on outcomes.
976
Ms. Wyatt did not participate in the interview.
Mr. Bestpitch asked the following questions:
What needs to happen to ensure that a positive relationship exists
between City Council and the School Board?
Mr. Penn advised that the perception is that there is a rift between City
Council and the School Board, which ultimately demoralizes faculty and staff
and makes it difficult for them to do their job. He stated that there must be
open lines of communication; the ultimate responsibility for Roanoke City
Schools lies with City Council; Council entrusts in seven individuals the
authority to act and to accomplish a vision that will be collaboratively set; and if
there is a vision that is collaboratively set, there must be dialogue and working
relationships to accomplish the vision that should be regularly updated
throughout the process. He encouraged that there be regular meetings
between Council and the School Board to address issues that arise before the
perception is created in the community that there is a rift between the two
bodies.
If there is a good partnership that includes City Council, the School
Board, the Superintendent and the School administration, the fifth component
would be teachers and staff. What should be done to ensure that teachers and
staff believe that they are a part of the partnership?
Mr. Penn advised that there is a need for teachers and staff to participate
on committees and to provide input to the process of decision making, and it is
important that School Trustees spend time in the schools with faculty and staff
to learn about their concerns and triumphs in order to make well educated
decisions.
Mr. Cutler asked the following questions:
What are non traditional ideas that could be applied to the students who
are assigned to alternative education at the Noel C. Taylor Learning Center?
How would you go about getting the attention of those students by
encouraging them to stay in school and become productive students?
977
Mr. Penn advised that in order to engage this segment of the student
population, it is necessary to invest in national efforts regarding the best
available practices; it costs approximately $77,000.00 a year to incarcerate a
juvenile, but if only a few juveniles were averted from the juvenile justice
system each year, additional resources would be available to reinvest in
programs at the local level. He called attention to the importance of trying and
evaluating new programs/ideas/concepts, and stepping out on courage.
How important is the career and technical education component of the
high school curriculum?
Mr. Penn advised that career and technical education is a high priority
because possessing those kinds of skills may enable a young person to earn a
higher salary than operating a computer and/or writing a grant, etc.
Mayor Smith asked the following question:
How can the City attract a Superintendent who can operate the school
plant proper while addressing the needs of educators?
Mr. Penn called attention to other localities where there has been a kind
of new trend to hire non traditional chief executives in school districts; while he
respects the type of training and time involved to receive the certifications for
School Superintendent or for teacher, the next 15 years of education will
involve attracting leadership that is willing to have the courage to step out of
some of the traditional boxes when necessary; if there are other skills that are
needed in totality with the certification process, it is hoped that those skills will
be identified; and the certification process is important to ensure that the
school system employs a staff with the required credentials and necessary
educational course work in order to be effective.
Mayor Smith called attention to a' strong statement that was recently
made by City Council concerning the School system and immediately the School
Board made a strong statement in opposition to the Council's statement. He
stated that it is the responsibility of the sitting School Board to be accountable
directly to City Council, City Council is elected directly by the citizens and is
accountable to the citizens and when Council offers guidance regarding the
school system, the School Board should listen and not express opposition.
The third and final person to be interviewed was Linda F. Wright.
978
Ms. Wright expressed appreciation for her consideration as a candidate
for appointment to the Roanoke City School Board. She advised that:
She does not take the recognition nor the job of School
Trustee lightly.
With the exception of the four years she attended college,
she has been personally involved in the school system for 40
years; and she is a product and graduate of Roanoke City
Public Schools, where she had many fine teachers who also
became her mentors upon her return to Roanoke to teach at
Monterey, Crystal Springs and Fishburn Park Elementary
Schools.
Following her classroom experience, she had the opportunity
to work as a resource teacher for the gifted which afforded
her the opportunity to work in several schools prior to an
assignment to the central office working in staff
development where she was responsible for not only the
teacher training component, but training for administrators
and evaluation of administrative skills.
On the heels of those opportunities, she was assigned to
serve as Principal at Garden City Elementary School where
she worked for two years prior to moving to Westside
Elementary School; following her tenure at Westside for five
years, she assumed a position at Penn Forest Elementary
School where she presently serves as Principal.
Despite the fact that she is no longer employed by Roanoke
City Public Schools, her involvement and support of the
system has never wavered; her son presently attends Patrick
Henry High School and her daughter graduated from Patrick
Henry; she has continued to volunteer when possible, most
recently as an Odyssey of the Mind coach at Woodrow Wilson
Middle School during the 2002-2003 school year; and her
experiences include student, teacher, administrator, parent
and volunteer.
979
She has a strong understanding of the people who are
directly affected by the daily occurrences in the schools and
the academic challenges with the No Child Left Behind
Program Federal mandate.
Her experiences, while child centered, are not limited to the
field of education, as evidenced by community service
records. A review of her application shows many interests
such as church, soccer, boy scouts, educational boards at
Virginia Western Community College, Mill Mountain Theater,
and Odyssey of the Mind competitions, all of which are
experiences that demonstrate her ability to work in team and
leadership settings, and more importantly, serve as
indicators of a strong desire to accept new situations and
challenges. The skills garnered from these combinations of
directed energies are not merely assets on a r~sum~ relevant
to her application, but the range of applied knowledge that is
crucial to the future direction of Roanoke City Schools.
She is an "outside the box" thinker, and a good listener who
manages to use her skills to mediate difficult situations; her
goal and approach in all connections to education has been
and always will be to treat people in the way that she wishes
to be treated; the majority of people who know her on either
a personal or professional level would say that this is not
only her goal, but it is evidenced consistently in her
performance.
She would not skirt any issue or ignore any situation of
importance to the educational process in the Roanoke Valley;
and she has worked tirelessly throughout her career to
address and to improve the quality of education for those
within her charge and will continue to do so wherever she
may be working.
980
The philosophy of education states that education is the
greatest equalizer and the only real hope for a society which
is increasingly diverse; without this tool, children are not
able to break the cycle of poverty and violence in their lives;
without constant effort, prejudice and visible or invisible
class divisions cannot be overcome; without educational
diligence, the bar for the elevation of society will not be
raised; the quality of the educational system is the
determiner of the future of this country, its culture and
society; more so today than ever before, education must
expand to address the needs of societal dynamics and those
persons involved intimately in education must never loose
sight of the fact that in the single institution that every
American experiences, each of us leaves our mark; and the
tenants and direction of the process must be applied equally
if we are to move forward with quality education for the
children of the Roanoke Valley and the future.
Ms. Wright requested favorable consideration by Council for appointment
to the Roanoke City School Board, based on her experience, motivation,
devotion and desire to assist in the leadership of the school division as it faces
the immediate and long term challenges that are sure to come.
Ms. Wyatt did not participate in the interview.
Mr. Bestpitch asked the following questions:
As a School Board member, what are some of the things you would do to
ensure that there is a positive relationship between Council and the School
Board?
Ms. Wright advised that she tries to be a listener; she does not enter into
any discussion thinking that she has all the right answers; and she would be
willing to discuss concerns; she admitted that she has made mistakes along the
way, but having served in the field of education and having matured to her
present age, she has learned much and the first thing that needs to be done is
to ask questions and then to listen to what others have to say without a
predetermined decision.
981
Once there is a good working relationship among not just Council and
the School Board, but also the Superintendent and School administration, how
can teachers and school staff be brought into the partnership?
Ms. Wright advised that teachers and staff must be given the opportunity
to provide input and it is necessary to listen to what they have to say because
they are the people on the front lines who are the experts; they must be given
the opportunity to share their concerns and they need to feel supported; and as
she has visited schools throughout the City, the one comment she has heard
repeatedly is that teachers are of the opinion that they do not have the support
they need.
Dr. Cutler asked the following questions:
The School Board has addressed issues regarding the administration,
problems in purchasing where competitive bids were not obtained, and the
hiring of staff with criminal records, etc. How should the School Board address
these kinds of problems?
Ms. Wright advised that first, there is a need to determine why the
problems occurred, how were persons hired who had a criminal record when in
this day and time everyone hired by any school division should have their
references checked by the State Police Department; a process should be
developed where certain questions are asked on a questionnaire to ensure that
those same mistakes do not reoccur; she would do her homework and require
that others involved in the process do their homework as well; and if school
staff knew that the persons hired had criminal backgrounds, the School Board
should look at those individuals and question whether they should continue to
be employed with the Roanoke City Schools.
How can we address the group of students who have been assigned to
alternative education at the Noel C. Taylor Learning Center and cause them to
be motivated and to graduate from high school?
Ms. Wright advised that the needs of this segment of the student
population must be addressed sooner than their needs are currently being
addressed; having worked in elementary schools for the majority of her
professional career, she encountered children at the elementary school level
who needed assistance when they were seven years old, therefore, there is a
need to develop a program that would provide for placement for those children
982
who are demonstrating these types of concerns early on; class sizes could be
lowered to one to six students, with the necessary number of guidance
counselors, etc.; and a key component is involvement of parents by attending
parenting classes, school visits, and more frequent parent-teacher
conferences.he called attention to the need to intervene at a much earlier age
because by the time students are in high school, it is difficult to provide the
lifeline they need.
Mr. Fitzpatrick asked the following questions?
What are your thoughts in regard to safety in the Roanoke City Public
Schools and what is the role of the School Board in addressing the issue?
Ms. Wright advised that perception is reality and families are leaving the
City every day because there is a perception that certain of Roanoke's schools
are not safe. She advised that a lot of time has been spent in trying to get
Roanoke City Schools recognized nationally, but recognizing Roanoke City
Schools locally has been forgotten. She advised that her children were
fortunate to have great teachers, her daughter graduated from Patrick Henry
High School and had no issues; however, her son happened to be in the wrong
place at the wrong time and became a victim; prior to that occurrence her
response to people was, if you go about your business, stay out of the way of
other people, do not give them a hard time, everything will be all right;
however, her perspective since her son became a victim of school violence has
changed. She called attention to policies currently in place in the Roanoke City
Schools; there is a need to ensure that students on high school campuses are
interested in earning their diploma; there is a need to look at alternatives for
those students who are not interested in obtaining their diploma through the
regular school environment; and there is a need to look at those students who
have been removed from school grounds for whatever reason and evaluate
whether or not they should be allowed to return to the school campus. She
advised that there is a need to admit that certain issues need to be addressed,
to deal with issues up front, and to provide the necessary resources to help
administrators and teachers address problem areas.
Vice-Mayor Harris asked the following questions:
983
As the School Board searches for a new School Superintendent, what are
the two top qualities you would look for in the next.Superintendent?
Ms. Wright advised that the next Superintendent should be a strong
instructional leader who has demonstrated the ability to bridge the gap
between what goes on in the classroom on a daily basis and the big picture as
administrator for the entire school division; the person selected for the position
will have a difficult job because Roanoke City Schools will go through a healing
process and a Superintendent will be needed who can make the difficult calls
and be a good evaluator with compassion.
The renovation/rebuilding of Patrick Henry and William Fleming High
Schools represent two significant capital projects which are probably the two
largest capital projects the City has undertaken in terms of dollars. What
background or experiences would you bring to the School Board to help inform
and to shape decisions on the two projects and how will your experiences help
you to ask the right questions, etc.?
Ms. Wright advised that upon visiting the two high schools, she was
saddened to see the. physical condition of both schools. She advised that her
contributions as the projects move forward will be the realization that Roanoke
is not building just a building, but a learning environment; and she would offer
guidance in designing the buildings in such a way as to provide for a safer and
a more flexible learning environment. In summary, she stated that she would
be an advocate for the instructional piece of the building component.
Mayor Smith asked the following question:
What skills will be needed in the next Superintendent to ensure that the
Superintendent manages both the school plant and the school staff, while at
the same time possessing the necessary requirements of academia?
Ms. Wright advised that a smart manager, principal, or leader does not
believe that he or she can do every aspect of the job by themselves; they look
for those persons who have the skills that they may not be strong in and give
that person, with direction, the flexibility to do their job. She stated that it is
important to employ persons who can bridge the gap not only between
instruction but between other staff such as teachers, bus drivers, or custodians;
and a school division does not operate solely on the skills of the Principal or
the Superintendent, but on the skills of teachers, custodians, bus drivers, and
other support staff. In summary, she stressed the importance of selecting a
Superintendent who has good management skills in order to bridge the gap
where he or she does not have certain expertise.
984
Mayor Smith called attention to a recent incident in which a majority of
City Council Members made a strong statement to the School Board regarding
the School system, and immediately following issuance of the statement, the
School Board made a statement that was counter to the Council's statement.
He advised that the School Board is responsible to and serves at the pleasure of
City Council who is directly accountable to the people, therefore, the School
Board should follow the guidance of City Council.
The Mayor advised that at a Special Meeting of Council on Thursday,
May 13, 2004, at 2:00 p.m., or as soon thereafter as the matter may be heard,
Council will appoint two Trustees to the Roanoke City School Board, for terms
commending July 1, 2004 and ending June 30, 2007.
COUNCIL: Mr. Harris offered the following resolution changing the time
of commencement of the regular meeting of Council scheduled to be held at
9:00 a.m., on Monday, May 3, 2004, to 10:00 a.m., on that date:
(#36679-042204) A RESOLUTION changing the time of commencement
of the regular meeting of City Council scheduled to be held at 9:00 a.m., on
Monday, May 3, 2004.
(For full text of Resolution, see Resolution Book No. 68, Page 436.)
Mr. Harris moved the adoption of Resolution No. 36679-042204. The
motion was seconded by Mr. Cutler.
Mr. Bestpitch offered an amendment to the resolution to change the
meeting location from the Council Chamber to Room 159, Noel C. Taylor
Municipal Building. The amendment was seconded by Mr. Cutler and adopted.
Resolution No. 36679-042204, as amended, was adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Dowe was absent.)
985
There being no further business, the Mayor declared the meeting in
recess until Friday, April 30, 2004, at 12:00 p. m., for the Regional Leadership
Summit to be held at Jackson River Sports Complex in Covington, Virginia.
The City Council meeting reconvened on Friday, April 30, 2004, at
12:00 noon at the Jackson River Sports Complex, West Edgemont Drive,
Covington, Virginia, for a meeting of representatives of the Regional Leadership
Summit.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler and
Mayor Ralph K. Smith ............................................... 3.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
C. Nelson Harris and' Linda F. Wyatt .................................... 4.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Sheila N.
Hartman, Assistant City Clerk.
Also present were: Wayne G. Strickland, Secretary, Fifth Planning District
Regional Alliance; and members of City Councils/Boards of Supervisors and
staff of the following localities: Alleghany County, Bedford County, Botetourt
County, Craig County, Roanoke County, City of Covington, City of Salem, and
Town of Vinton.
Temple L. Kessinger, Jr., Mayor, City of Covington, welcomed all
representatives and introduced Allen L. Dressier, Director, Parks and
Recreation, City of Covington, for an overview of the history of the Jackson
River Sports Complex.
Mr. Strickland advised that the Regional Commission has been working
over the last two months to establish a regional loan program in conjunction
with the National Development Council's Grow America Fund to promote
entrepreneurial development in the region, as well as expansion of existing
small businesses; three local governments have agreed to participate and two
other localities are considering participation; and the Regional Commission
would like to have commitments from interested governments no later than
May 30 to ensure that the loan program will begin on September 1~, 2004.
986
Mr. Strickiand recognized the efforts of local governments that are
participants in the Early Action Compact to reduce ozone contamination in the
Roanoke Valley; the Regional Commission and local governments held a press
conference on April 22 which received significant coverage, and .continue to
work with regional news media to implement "Ozone Action Alert Days" to let
businesses and citizens know when ozone levels reach a critical level, by
encouraging them to carpool, ride the bus, or pursue other means of
transportation to help reduce ozone levels. He also noted that an alert process
is being formulated (without using colors) and the Virginia Department of
Transportation (VDOT) is considering allowing the posting of ozone action
alerts on signs along interstate highways.
He stated that the Regional Commission and the Roanoke Valley
Metropolitan Planning Organization (MPO) are currently working with the New
River Valley MPO to hold a joint meeting in the summer to discuss
transportation issues of concern for both areas, which will address one of the
goals in the Regional Economic Strategy. In addition, Planning District
Commissions and MPO's along Interstate 81 will begin holding joint meetings
in the summer or early fall to discuss issues related to the expansion of
Interstate 81, as well as development of rail freight service to help reduce truck
traffic along interstate highways.
Mr. Strickland further noted that the Roanoke area is a proposed site to
begin assessing tolls on Interstate 81; consultants recently contacted him
regarding an assessment of the impact of the tolls; and he has encouraged
various localities to express to VDOT and STAR Solutions their belief that tolls
should not be assessed on highways running through economic regions, as well
as concerns regarding the potential diversion of traffic to avoid toils.
OTHER BUSINESS/ANNOUNCEMENTS:
Mayor Ralph K. Smith was presented with a plaque in recognition of his
vision for the region, and in gratitude and appreciation for opening the doors
of communication and cooperation by initiating the Regional Leadership
Summit.
Mayor Smith expressed appreciation for the support, cooperation and
friendship throughout the region and encouraged member localities to
continue their efforts toward improvement of the region.
987
Bobby G. Pollard, Chair, Bedford County Board of Supervisors, advised
that the next meeting of the Leadership Summit will be hosted by the County of
Bedford; Bedford County will soon celebrate its 250'h birthday and invitations
will be extended to participating jurisdictions upon establishment of the
meeting date and location.
There being no further business, the Mayor declared the meeting of
Roanoke City Council adjourned at 1:30 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
988
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
April 29, 2004
7:00 p.m.
The Council of the City of Roanoke met in special session on Thursday,
April 29, 2004, at 7:00 p.m., 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 Resolution No. 36672-041904
adopted by the Council on Monday, April 19, 2004.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and
Mayor Ralph K. Smith .............................................. 7.
ABSENT: None ........................... 7 ................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
BUDGET-GRANTS-HOUSING/AUTHORITY: The Mayor advised that the
purpose of the special meeting is to conduct public hearings on the
recommended 2004-2005 HUD Funding Budget and the City of Roanoke Fiscal
Yea~r 2004-2005 Operating Budget.
The Mayor advised that the first public hearing is on the recommended
2004-2005 HUD Funding Budget.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, April 20, 2004.
989
A summary of the recommended fiscal year 2004-2005 HUD Funding
Budget is as follows:
REVENUES ESTIMATES:
CDBG 2004-2005 Entitlement Grant
CDBG 2004-2005 Program Income
CDBG Prior Year Carry-over and
Excess Program Income
Home 2004-2005 entitlement Grant
Home Prior Program Income
Home Prior Year Carry-over and
Excess Program Income
ESG 2004-2005 Entitlement Grant
TOTAL HUD REVENUE
$2,207,000.00
490,051.00
111,388.00
808,299.00
25,000.00
41,830.00
80,731.00
$ 3,764,299.00
RECOMMENDED EXPENDITURES:
Housing Development
Neighborhood, Community and
Economic Development
Human Services (including Homeless Assistance)
Planning and other Activities
TOTAL RECOMMENDED EXPENDITURES
$ 2,495,492.00
914,299.00
344,508,00
10,000.00
$3,764,299.00
The Mayor advised that the following persons have registered to speak in
connection with the recommended 2004-05 HUD Funding Budget:
Ms. Nancy Canova, 2265 Sewell Lane, S. W., representing the Fair Housing
Board, requested reconsideration of the Fair Housing Initiatives Project which is
submitted for Community Development Block Grant funding. She advised that:
990
The Fair Housing Board seeks funding to track data on complaints in
order to help target an audience for its education programs on fair
housing rights; presently no mechanism exists to collect this
information for the City; in the past the City has not kept records of
complaints that were forwarded to the Virginia Fair Housing Office; and
the Fair Housing Board has received information from the NAACP, Blue
Ridge Independent Living Center and Tenants Building Bridges in regard
to fair housing complaints that have been forwarded to the State office,
or to the Department of Housing and Urban Development in Richmond.
The Legal Aid Society handles fair housing complaints, but does not
keep data by issue.
The Fair Housing Board became aware of inadvertent discrimination by
the City's Board of Zoning Appeals during a workshop which the Fair
Housing Board sponsored for the Board of Zoning Appeals, at which
time the Zoning Administrator presented six cases on which the Board
had made determinations, and an attorney with the Bazalon Center for
Mental Health Law identified discriminatory practices in two of the six
cases.
Although these are but a few sources of discrimination that have come
to the attention of the Fair Housing Board, it is known that many more
complaints go unreported.
The Fair Housing Board proposes to contract out in order to track data
using information from various constituencies; and contracting out for
service was not the Board's first choice, however, the Board has been
advised that no additional staff time can be provided by the City for this
purpose, therefore, the Board focused on CDBG funding.
42 impediments to fair housing in the City of Roanoke have been
identified, 21 of the 43 impediments suggest remedies supporting
education about fair housing rights and support fair hOusing
enforcement; six of the impediments speak directly to the Fair Housing
Board; Impediment No. 39 states that the Fair Housing Board shall
review the needs of Roanoke's residents for effective fair housing
services and evaluate its own role and procedures in meeting those
needs.
991
Mr. John Sabean, 523 Mountain Avenue, S. W., spoke on behalf of
additional funding for the West End Center for Youth. He also spoke in support
of the services provided to Roanoke's youth by the West End Center and urged
favorable consideration by Council of the request of the West End Center for
CDBG funds, plus an additional $2,000.00 in funding.
Ms. Karen Michalski-Karney, 1502B Williamson Road, N. W., Executive
Director, Blue Ridge Independent Living Center, spoke in support of the request
of the Fair Housing Board for funding. She advised that the Blue Ridge
Independent Living Center participated in a Fair Housing Project involving
outreach and education for three months, and as a result of the project, three
fair housing complaints were acknowledged and forwarded to the Department of
Housing and Urban Development. She stated that with additional education,
persons would learn about their rights under Fair Housing laws; and it is
necessary to track fair housing complaints to enable the Fair Housing Board to
target education to either individuals or to segments of the population that are
experiencing fair housing problems.
Mr. Thomas Dalzell, 2529 Rosalind Avenue, S. W., avolunteerwith Habitat
for Humanity in the Roanoke Valley (Habitat), which is an ecumenical housing
ministry working with donors, volunteers and home owners to create decent
affordable housing for those in need and to make shelter a matter of conscience
with people everywhere, especially in the Roanoke Valley, appeared before
Council in support of the request of Habitat for funding. He advised that:
· Since 1986, Habitat has been building homes in partnership with Iow
income families by providing the opportunity for home ownership.
No government funds are used for Habitat home construction, although
the organization receives support for land purchase and infrastructure
construction through grant applications from Habitat International and
through the City's CDBG program.
Since 1986, Habitat has constructed 124 homes on land that was vacant
and generating few tax dollars for the City; and each Habitat home
generates approximately $850.00 to $1,400.00 per year.
Habitat has embraced the City's neighborhood design district standards
and changed all home designs to incorporate most of the standards,
including additional bathrooms and air conditioning.
992
· Habitat has a good working relationship with the City of Roanoke and
wishes to continue the relationship in the future.
Habitat has received significant funding through the City over the years
to support its mission, while addressing each of the City's consolidated
plan priorities and objectives; over past years, a subtle change in
philosophy has been made regarding to the City's support to Habitat.
Last year, Habitat submitted a CDBG grant for funding to construct
infrastructure to support 12 Habitat homes on a parcel of land which is
owned by Habitat, the request was not approved by the City because
the City did not want that many homes for Iow income families to be
constructed in one area; this year Habitat submitted a CDBG grant
request for seven infill lots within the City in order to steer away from
the previous year's aversion to building more than one Habitat home in
an area; and this year's request was also denied because the City
continues to believe that too many homes for Iow income families are
being constructed within the City limits; and Habitat should look to
other communities in the area to build homes for Iow income families.
Habitat has been advised that another reason for the change in
philosophy is that the assessed value of Habitat homes do not generate
the necessary property tax revenue to offset the cost of normal services
that a family occupying the home would require.
The philosophical change in support to Habitat is distressing when
compared with the needs as set forth in the City's Consolidated Plan,
which indicates that affordability is a serious problem for Iow income
families.
Mr. Dalzell advised that it is hoped that there will be a change in philosophy
in the near future to enable Habitat for Humanity to continue with its housing
ministry while addressing objectives and priorities of the City's Comprehensive
Plan.
993
Kaye Hale, 5125 Greenfield Street, S. W., Executive Director, West End
Center for Youth, spoke in support of the funding request of the West End
Center. She called attention to the number of persons in the Council Chamber
who were present out of their support of the West End Center, some of which are
now adults who participated in West End Center programs during their childhood,
some are parents of children who currently attend West End Center, some are
staff of the Center who have not received pay increases for several years, whose
health care costs have continued to increased, while additional responsibilities
have been placed on them, yet none have left the West End Center because of
their desire to serve the children and families of the Center. She asked that
Council give serious consideration to the funding request oftheWest End Center
and the longevity of the relationships that exist between staff and participants
who have chosen to serve the community.
Sam Carter, 141 Emmett Avenue, Salem, Virginia, President, West End
Center for Youth, advised that the Center has served as a family resource for
approximately 25 years, the Center's Executive Director has approximately
20 years of service with the organization and has a proven track record. He
called attention to a study conducted by the United Way of Roanoke Valley which
revealed that the community believes that the greatest needs are represented in
Roanoke's middle schools, primarily with inner City children, and the study
identified 900 middle school students, approximately 400 of whom are enrolled
in programs like the West End Center. He advised that he understands the new
CDBG philosophy and the importance of new programs; however, consideration
should be given to proven programs like the West End Center that have provided
positive results. He added that the West End Center submitted what it believed
to be a new program for CDBG funding, however, the request was denied by the
City. He asked that Council take into consideration the proven track record and
stability of organizations like the West End Center when allocating Community
Development Block Grant funds.
Ms. Brittany Phanelson, 1213 Lafayette Boulevard, N. W., advised that the
West End Center for Youth is an after school program that has provided her with
a place of refuge for the past 12 years; because of the Center she has gained
new experiences that have allowed her to grow as an individual; and the most
important aspect of the West End Center is the tutoring program which has
helped her to become an honor student. In summary, she stated that the West
End Center offers an excellent program for children to grow and to learn.
994
Mr. Shaun Henderson, 108 Harrison Avenue, N. W., spoke on behalf of the
West End Center for Youth, and advised that the West End Center is more than
just an after school program, but offers a community setting where under
privileged children can grow up in a family setting. He stated that he graduated
from Patrick Henry High School and is now a student at Virginia Western
Community College as the result of a partial scholarship from the West End
Center, and without the scholarship, he might not have had the opportunity to
attend college.
Mr. Charles Harlow, 1375 Stoutamire Drive, Salem, Virginia, called
attention to a housing Impediment Study published in 2001 which listed 42
impediments to fair housing in the City of Roanoke; 21 of the suggested 42
remedies support education and enforcement in regard to fair housing rights; six
of the impediments speak directly to the Fair Housing Board; Impediment No. 39
states that the Fair Housing Board should review the needs of Roanoke's
residents for effective fair housing services and evaluate its own role and
procedures in meeting those needs. Therefore, he inquired if the City will not
support a determination on the nature of complaints, how can the Fair Housing
Board fulfill its responsibilities; and the need to do more is clearly articulated in
the Housing Impediment Study. He called attention to extenuating circumstances
which relate to staff changes, loss of records from one staff person to another; a
considerable amount of meeting time of the Fair Housing Board was consumed in
negotiations with the City Administration and Council in regard to certain
revisions to the City's Fair Housing Ordinance; following adoption of the Fair
Housing Ordinance in March 2004, the Board published the Fair Housing booklet
and focused on its April workshop; the Board intends to use the remainder of the
fiscal year 2003-04 allocation of funds for education; and the Fair Housing
Board's request for funds for fiscal year 2004-05 has been reduced to
$11,700.00 which includes secretarial assistance in the amount of $7,350.00,
benefits of $2,350.00, and materials/supplies/postage/training at $2,000.00.
Ms. Diane Elliot, 2609 Richelieu Avenue, S. W., spoke as a member of the
Board of Directors of the West End Center for Youth, and as a therapist working
with family members, clients and residents of Hegira House. She advised that
the lives of many residents of Hegira House would have taken a different turn
when they were children if they had received the resources that are currently
available at the West End Center, because prevention is much less expensive than
later intervention. She stated that she is appreciative of the work of Council and
the trying and difficult decisions that Council is called upon to make with
deliberation and in the best interest of the citizens of Roanoke; however, she
requested that Council consider increasing the allocation of funds to the West
End Center for Youth.
995
There being no further speakers, the Mayor declared the public hearing
closed.
BUDGET: The Mayor advised that the second public hearing is for the
purpose of receiving comments from citizens with regard to the City of
Roanoke's Recommended Fiscal Year 2004-2005 Budget.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, April 20, 2004.
Total General Fund Budget for fiscal year 2004-2005 is $211,912,000.00;
Enterprise Funds: Civic Facilities Fund - $5,172,035.00, Parking Fund -
$ 2,780,307.00, Market Building Fund - $307,384.00; Internal Service Funds:
Fleet Management Fund - $5,776,883.00, Risk Management Fund -
$13,725,617.00, Technology Fund - $5,613,293.00; and School Fund -
$116,346,378.00.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing; whereupon, the following persons
addressed Council.
Robert Chandler, President, Roanoke City Police Officers Association, spoke
on behalf of the Roanoke Police Officers Association and the Roanoke
Firefighters Association, with regard to the Pay for Performance Program. He
advised that:
Public safety employees, as well as a large number of other City
employees, believe that the City's current system of tying evaluations to
pay raises is unacceptable.
Employees believe that while on paper there are a number of merits to
the pay for performance system, those merits are over shadowed by the
overly subjective nature and poor administration of the system.
996
The greatest asset of Roanoke City is its work force, or those employees
who are directly responsible for the awards recently received by the
City; and while it is not intended to minimize the work of City Council
or the City Administration, it is the day to day work of Sanitation
workers, Parks and Recreation employees, customer service
representatives, teachers and public safety employees that bring the
ideas and principles of the City to a reality that have made Roanoke City
a great place to live, and these employees deserve the rewards for
Roanoke's accomplishments.
Employees do not deserve to work under conditions that breed poor
morale, nor a budget driven pay for performance evaluation system.
Last year's implementation of the pay for performance system caused over
135 grievances from Roanoke City Police Officers, Sheriff's employees,
firefighters, and numerous other City employees echoed their
dissatisfaction with the pay raise system; and several employees had their
evaluations raised due to the subjective and unfair nature in which
evaluations were administered.
A large number of grievances were not heard due to a City policy
involving timeliness, and not fairness.
These overly subjective evaluations and tying raises to evaluations have
caused a number of inequities with the pay and livelihood of many of
the City's best employees, not just those employees who lack
motivation or do not provide good customer service, but those
employees who devote their lives to the betterment of the City.
State budget cuts have caused a financial uncertainty within the City
budgetary process which will cause Council to make certain difficult
decisions.
It cannot be understood how an employee's take home pay can
decrease while the City continues to build roadway medians and a
second marquee sign was erected at the Roanoke Civic Center within
sight of the first marquee.
Employees find it difficult to tolerate an elected City body that allows
the City Administration to continue the funding of unnecessary projects
on the backs of its employees.
997
Revising and implementing a new evaluation system before evaluations
are due within the next 60 days is unrealistic, therefore, the evaluation
system itself can remain in place; however, it is requested that Council
suspend for one year the tying of employee raises based on the
evaluation system; and fiscal year 2004-05 can be used to determine if
the system can, in fact, work without compounding the problem and
without adding to the hardship of employees and their families, while
providing City employees with a 3.5 per cent raise across the board.
While this is not all that City employees deserve, especially after
enduring last year's health insurance increases, it may help employees
to go back to where they would have been if not for the administration
of last year's pay for performance and the resulting inequities.
It is understood that the City Manager has changed 'the pay for
performance system for fiscal year 2004-2005 by adding two additional
steps, but the score which is needed to receive a three per cent pay
increaSe has been changed from 80 to 86 and gives the impression of
making a difference; the pay for performance system has been flawed
from the beginning due to its overly subjective nature, and the
proposed changes do nothing to address the issue.
Mr. Will Andrews, 212 South Jefferson Street, spoke on behalf of the
Roanoke Regional Small Business Development Center which was formed in 1990
byajoint venture between the Roanoke Regional Chamber of Commerce and the
United States Small Business Administration. He advised that:
In the ~.999-2000 fiscal year, the Small Business Development Center
received $180,000.00 in Community Development Block Grant funds to
target specifically Census Tracts 7 - 14; under the five year allowance
the City has allocated for CDBG grant funds, it is recommended that the
Center receive $25,000.00 for fiscal year 2004-2005 which is a
decrease of $155,000.00, or 86 per cent of the funds received five
years ago.
· Staff of the Center has decreased by 50 per cent over the last four
years.
998
With State and other local costs, the Center has operated with over
$200,000.00 in cuts over the last four years; and the Center now finds
itself in the position of asking for a transition to General budget funds
of $35,000.00 in order to continue the program in Census Tracts 7-14.
During the five years that the Small Business Development Center has
received CDBG grant funds, over 880 citizens were counseled, over 240
jobs were created, and the Center helped to create over $10 million in
capital.
Mr. Andrews requested that Council reconsider the request for funding and
authorize an additional $35,000.00 to the General line item of the City's 2004-
2005 budget for the Small Business Development Center.
Mr. Jamal Millner, 1016 Rockland Avenue, N. W., spoke on behalf of the
Small Business Development Center. He advised that he has participated in
Roanoke's Business Incubator Program for three years; the Small Business
Development Center has helped his business with marketing, advertising and
provided instructions on diversifying services. He requested that Council give
further consideration to the funding request of the Small Business Development
Center.
Mr. Stan Hale, 1016 Old Country Club Road, N. W., spoke as a concerned
citizen and a small business owner, operating The Ro~t~o/ce Tr/butTe. He advised
that he is a firm believer in small business, and particularly the Small Business
Development Center. He stated that the Center offers counseling to empower
small business owners to believe in the City of Roanoke, to motivate, to activate
and to be enthusiastic about the American dream of owning their own business.
There being no further speakers, the Mayor declared the public hearing
closed.
The Mayor advised that Council will engage in fiscal year 2004-2005
budget study sessions on Friday, May 7, 2004, at 8:30 a.m., Monday, May, 10,
2004, at 8:30 a.m., and the fiscal year 2004-2005 budget will be adopted by
Council at a special meeting to be held on Thursday, May 13, 2004, at 2:00 p.m.
999
adjourned at 7:50/j~m.
~s~ ~./~
/"Ma~ F.~P rker' ~
City Clerk
There being no further business, the Mayordeclared '~g ~/~the
APPROVED
Ralph K. Smith
Mayor
1000
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
April 29, 2004
7:50 p.m.
The Council of the City of Roanoke met in special session on Thursday,
April 29, 2004, at 7:51 p.m., 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 Resolution No. 36672-04:1904
adopted by the Council on Monday, April :19, 2004.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and
Mayor Ralph K. Smith ................................................ 7.
ABSENT: None .................................................. O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
BUDGET-TAXES: The Mayor advised that the purpose of the special meeting
is to hold a public hearing to receive citizen comments in regard to the City's real
property tax rate for fiscal year 2004-2005. He advised that the City Manager's
proposed budget includes a real property tax rate of $:1.2:1 per $:100.00 of
assessed value for fiscal year 2004-2005, which is the current tax rate for fiscal
year 2003-2004.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, April 20, 2004.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing; whereupon, Mr. Robert Craig, 70:1
:12'h Street, S. W., referred to the legal advertisement which was published in
The Roanoke Times in regard to the City's real property tax rate, and suggested
that legal advertisements be worded in a more understandable language for the
benefit of the average citizen. He advised that:
The City's tax base is out of line and inequities exist in the assessed
value of houses in southwest Roanoke and in Old Southwest
specifically.
1001
The City's tax base could be corrected if the City were willing to spend
approximately $1.5- $2 million on a six month study which could lead
to an effective tax rate of between $1.09 and $1.13 per $100.00 of
assessed value and would generate more money in real estate taxes
than the City is currently collecting.
Mr. Craig suggested the following proposal, or action plan, for
consideration by Council which represents zero based budgeting:
"Pursuant to Section 58.1-3321, Code of Virginia (1950), as amended,
notice is hereby given that the City of Roanoke will not increase property tax
levies until:
1. The City Tax Assessor certifies that the real property tax
assessments of all tax parcels located within the boundaries of the City of
Roanoke accurately reflect, to the 90 per cent confidence level, the true market
value of no less than 95 per cent of all tax parcels listed on the roles of the City
as of May 1, 2Q04.
2. The accuracy of the market valuations will be validated by an
independent, certified and bonded entity qualified to conduct such studies,
contracted for by the City. The independent validation will be based on a
random sample of such size so as to ensure the 9-0 per cent confidence level.
3. Based on the reassessed property values, the amount of revenue
generated at the current assessment rate will be computed. The computed
amount will be used to assess (potential) revenue generated vs budgeted
requirements using the 2003-2004 City budget as the base.
At that time and only at that time, will the City Council consider a change
to the current property tax rate.
FURTHERMORE
Prior to making any change to the property tax rate, be it an increase or
decrease, the Council will ensure a thorough dissemination of relevant
information in understandable language (i.e. 10'h grade reading level with
applicable graphic presentations), using local print and electronic media, an
information campaign equal to or exceeding that explaining the recent change in
the Roanoke City Logo, and through town hall type meetings held at various
locations throughout the City."
1002
There being no further speakers, the Mayor declared the public hearing
closed.
The Mayor advised that Council will engage in fiscal year 2004-2005
budget study sessions on Friday, May 7, 2004, at 8:30 a.m., Monday, May 10,
2004, at 8:30 a.m., and the City's fiscal year 2004-2005 budget will be adopted
at a special meeting of Council to be held on Thursday, May 13, 2004, at
2:00 p.m., in the Council Chamber.
There being no further business, at 7:55 p.m., the Mayor declared the
special meeting adjourned.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
1003
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
May 3, 2004
10:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
May 3, 2004, at 10:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Council Member William D. Bestpitch presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36193-010603 adopted
by Council on January 6, 2003, which changed the time of commencement of
the regular meeting of Council to be held on the first Monday in each month
from 12:15 p.m. to 9:00 a.m., and Resolution No. 36679-042204 adopted on
Thursday, April 29, 2004, which changed the time of commencement of the
May 3, 2004 Council meeting from 9:00 a.m. to 10:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., and Beverly T. Fitzpatrick, Jr.- ................................. 4.
ABSENT: None .................................................. 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt arrived late.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committee appointed by Council, pursuant
to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the
body.
1004
Mr. Cutler moved that Council concur in the request of the Mayor that
· Council convene in Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ...... 4.
NAYS: None .................................................. 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene a Closed Meeting to discuss acquisition of real property for
public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to §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
that Council convene in Closed Meeting as above described. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES.: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ........ 4.
NAYS: None .................................................... 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
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 §2.2-3711 (A)(3),
Code of Virginia (1950), as amended, was before the body.
Mr. Fitz~)atrick moved that Council concur in the request of the City
Manager that Council convene in Closed Meeting as above described. The motion
was seconded by Mr. Cutler and adopted by the following vote:
1005
AYES: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ........ 4.
NAYS: None .................................................... 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
CITY COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
probable litigation, pursuant .to §2.2-3711(A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Attorney to convene in Closed Meeting as above described. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ........ 4.
NAYS: None .................................................... 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
CITY COUNCIL: A communication from'the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific
legal matter requiring the provision of legal advice by such counsel, pursuant to
§2.2-37;[].(A)(7), Code of Virginia C[950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ........ 4.
NAYS: None .................................................... 0.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
1006
CITY COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific
legal matter requiring the provision of legal advice by such counsel, pursuant to
§2.2-3711(A)(7), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, and Fitzpatrick ........ 4.
NAYS: None .................................................... O.
(Mayor Smith, Vice-Mayor Harris, and Council Member Wyatt were not present
when the vote was recorded.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
With regard to a report included on the 2:00 p.m., Council agenda
concerning a recommendation of the Roanoke Arts Commission in connection
with the "Unity" Sculpture, question was raised as to how the City can avoid
incurring costs in connection with the Unity Sculpture; whereupon, the City
Manager advised that it is anticipated that Council will refer the report of the
Roanoke Arts Commission to City staff for report and recommendation; the intent
is to prepare a document indicating the availability of the specific location for a
certain period of time, while specifying that cost of the Unity Sculpture will be
without City participation. She added that there is a possibility that the sponsor of
the Unity Sculpture will attend the 2:00 p.m. Council session to express his
disapproval of the site recommended by the Arts Commission.
The City Manager further advised that Parks and Recreation staff have
indicated that installation of the Unity Sculpture should anticipate expenses
associated with removal or relocation in the future due to expansion/renovation
of the main library.
1007
Following discussion and in further clarification, the City Manager advised
that Council has not taken a position on the library issue, other than that the
library project will not involve a renovation/expansion at the current location, but
will be relocated either to the area closest to Elm Avenue or to another location.
Council Member Cutler inquired about Consent Agenda Item C-2, rezoning
of the Patrick Henry High School site to INPUD and reducing the size of the
campus from 11 to two buildings. He asked that reduction of storm water run off
be considered as a part of reconstruction of the high school.
Dr. Cutler also addressed the Deer Management Program and advised that
when dividing the $37,000.00 cost of the program into 109 deer, the cost per
deer is $340.00 and suggested that the City engage in a more efficient deer
management program next year.
The City Manager called attention to the possibility of re-engaging the firm
that expressed an interest in performing the activity through the baiting method
for next year.
Dr. Cutler called attention to information from the Federal Highway
Administration, which is operating under a partial year authorization through the
Transportation Act, that will provide reduced funding for the Dr. Martin Luther
King, Jr. Bridge project. He stated that the anticipated amount of funds for the
project from the Federal Government will be reduced from $500,000.00 to
$290,000.00, and inquired as to the effect of deceased funding on the bridge
project.
The City Manager stated that the City has been advised on several
occasions that Federal funding must be used for a vehicular bridge, although the
City has been advised that there may be occasional permitted closure of the
bridge for special events and/or activities; the City has already appropriated
funds for bridge improvements, and the assumption has been that funds from the
Federal Highway Administration could be used for some, if not all of the proposed
improvements; funding will be at a lesser amount and will reduce the number of
improvements that can be made; and proposed improvements will be prioritized
by the Dr. Martin Luther King, Jr. Memorial Committee which will meet later this
month.
1008
(Mayor Smith and Council Member Wyatt entered the meeting.)
The City Manager recognized Kenneth H. King, Jr., Manager, Streets and
Traffic, for a briefing on a proposed traffic signal at Aviation Drive and Towne
Square, N. W.
Mr. King advised that it has been suggested that the addition of a traffic
signal at Aviation Drive and Towne Square Boulevard would be appropriate to
more clearly designate the entrance to the Roanoke Regional Airport and to
enhance traffic flow leaving Towne Square and the Crossroads Mall areas. He
stated that Transportation Division staff met with representatives of the
development community and the Airport to discuss potential benefits and
concerns to each party, and staff has developed a conceptual sketch of a potential
intersection configuration which would permit motorists to exit from Towne
Square Boulevard to Aviation Drive and combine the existing entrance to the
Airport and Thirlane Drive into a single access to Aviation Drive. He stated that a
traffic simulation model has been developed which indicates that traffic will
function acceptably under the proposed scenario.
Before the project proceeds, Council Member Wyatt suggested that the
agreement with the Virginia Department of Transportation regarding Airport Road
be reviewed to ensure that the proposal is not in conflict with provisions of the
agreement.
Mr. King advised that the same presentation will be made to the Roanoke
Regional Airport Commission at its meeting on May 19, 2004; the primary goal is
to improve the Airport entrance in addition to .other improvements; pending
favorable comments from the Airport Commission, City staff will make
appropriate refinements in the conceptual plan and prepare a cost estimate prior
to initiating discussions with the development community and Airport officials to
determine potential funding opportunities.
The City Manager advised that with the approval of Council, City staff will
proceed as above described by Mr. King and re-submit the matter to Council
following discussion with the development community, Roanoke Regional Airport
officials, including more precise cost estimates and sharing of costs by the
airport, the development community and the City of Roanoke.
1009
The City Manager advised that officials of Yellow Cab Company appeared
before Council on March 15, 2004, and submitted a request for rate increase, at
which time the matter was referred to the City Manager for report; City staff has
evaluated the request and reviewed information on the rate structure/regulations,
if any, by a number of Virginia localities. She called on R. B. Lawhorn,
representing the Office of Management and Budget, for a briefing.
Mr. Lawhorn advised that as a result of questions by Council, staff of the
Department of Management and Budget surveyed localities in the Commonwealth
of Virginia with regard to the regulation of not only taxicabs, but rates as well;
and staff conferred with the Virginia Municipal League and the City Attorney's
Office and requested a review of taxicab regulations by the Police Department.
He stated that the Chief of Police is of the opinion that the Commissioner of the
Revenue should be responsible for issuing taxicab permits, which is similar to a
for hire vehicle, inasmuch as the Police Department is not involved in the
regulation of taxicabs, other than if a complaint is filed and the Police
Department is called upon to undertake an investigation.
He advised that:
The petition currently before Council represents the first
request for an increase in taxicab rates in approximately four
years. The last rate increase was approved by Council on
June 4, 2000.
Yellow Cab reports increased costs; i.e.: insurance rates have
increased over 35 per cent, repair costs have gone up over
25 per cent, fuel costs have increased over 30 per cent and
labor costs have gone up over 20 per cent in the four year
period. '
Based on the above referenced increased costs, it would
appear that Yellow Cab is justified in requesting an increase
in rates to help offset current expenses.
1010
Yellow Cab wishes to increase the meter drop rate which is
currently $1.80 for the first 1/8 mile trip, or the initial drop
rate, to $2.80 for the first 1/8 mile, and the remaining
additional 1/8 increment, or 2 cents per 1/8 section, is not
the subject of change.
The average taxicab ride in the City of Roanoke is
approximately three miles, or $6.40, and if the proposed
increase is approved by Council, the fare will increase to
$7.40.
The Company advises that the proposed increase is in line
with the current practice of other localities.
The petition submitted by Yellow Cab lists rates charged by
taxicab companies in seven other Virginia municipalities, five
of which are localities on which the City of Roanoke obtained
information, and a comparison reveals that the rates are
basically the same.
When considering the charge for a three mile trip in each of
the localities surveyed and comparing the proposed $7.40
rate in Roanoke City, the City of Roanoke would have the
highest rate of any locality surveyed; a customer's cost in the
City of Lynchburg would be the cheapest at $6.60 for a three
mile round trip, and the cost to a passenger in Manassas or
Woodbridge would be closest to Roanoke's projected cost at
$7.35 for a three mile trip; however, he noted that other
localities may be in the process of reviewing changes to their
rates.
Officials of Yellow Cab Company have pointed out, and it was
verified in Roanoke's research, that taxicab companies in the
City of Roanoke do not levy some of the additional charges
that are imposed by a number of operators in other' localities.
1011
Based on the above information, Mr. Lawhorn advised that the request of
Yellow Cab Company appears to be warranted, but the larger issue is whether or
not the City of Roanoke wishes to continue to regulate taxicab rates in general.
He presented copy of survey results from 27 different localities, including
members of Virginia's First Cities Coalition and noted that all seven localities
represented in the First Cities Coalition currently regulate taxicabs and taxicab
rates. He stated that among the localities that surround the City of Roanoke; i.e.:
Roanoke County, Bedford County and Botetourt County, none regulate taxicab
rates; the Town of Vinton and the City of Salem have enacted ordinances that
regulate rates and advise that they do not engage in a great deal of rate
regulation, even though they have enacted ordinances; the Town of Blacksburg is
the only nearby locality that actively regulates rates and the Town Code specifies
the maximum rate that can be charged, although taxicab companies operating
within the Town of Blacksburg can charge less than what is actually set forth in
the Town Code. In summary, he stated that the survey revealed that 18 of the 27
localities surveyed regulate taxicab rates and nine do not.
Question was raised as to the position of Yellow Cab Company with regard
to deregulation of taxicab companies by the City; whereupon, William Roberts,
President, Yellow Cab Company, advised that Yellow Cab is strongly opposed to
deregulation for various reasons, more specifically, when rates are deregulated,
operators can set their own rates and when taxicab companies, such as Yellow
Cab Company and others, commit to large sums of investment in capital
resources for their businesses, they do not want to be undermined by an operator
who can conceivably operate with one or two vehicles and set their own rates.
Therefore, he stated that regulation and stability are needed to ensure factors
such as safety of passengers and fairness among operators and passengers.
Council Member Wyatt advised that ~he City of Roanoke subsidizes the
Unified Human Services Transportation System (RADAR) as a means of
transportation for disabled persons through Valley Metro and questioned whether
or not it would be more cost effective for some citizens to use taxicabs as
opposed to RADAR as a means of transportation.
There was discussion in regard to whether the same rate is charged valley-
wide by local cab companies; whereupon, Mr. Roberts advised that the meter rate
is based upon the rates charged by the locality in which the trip originates.
1012
An observation was made by a Member of Council that it could be a
disincentive for drivers to be helpful if a charge is not imposed for extra services,
such as helping passengers with luggage, etc. Mr. Roberts responded that Yellow
Cab Company prefers to encourage drivers to help citizens as much as possible,
as opposed to offering incentives through add on charges so as to avoid
complaints from passengers about being over charged, etc.
The City Manager advised that any vendor has the right to respond to the
City's request for proposals to provide service for disabled persons, although
RADAR has been the primary respondent over a number of years; and while some
passengers currently using RADAR could use taxicabs, there are others who
require special facilities such as a handicap lift, etc.
The City Attorney advised that there is no legal requirement for the City of
Roanoke to regulate taxicab rates; in reviewing the matter, it was discovered that
the City does not impose a fee for taxicab permits; a number of hours are
devoted each year by City staff to regulating the program, therefore, Council
might want to give consideration to implementing a basic permit fee for taxicab
service.
In response to a previous question by Council for information on the
charge(s) imposed by RADAR, the City Manager advised that RADAR charges
$14.10 per ride, a fee of $2.50 is paid by the passenger, and Valley Metro,
through Federal, State and local sources, subsidizes the RADAR ride by $11.60
per passenger.
It was the consensus of Council that the City Manager will submit a report
at the next meeting of Council on Monday, May 20, 2004, recommending
approval of the rate increase requested by Yellow Cab Company.
The City Manager called upon Michael Etienne, Director, Department of
Housing and Neighborhood Services, for a briefing on the Southeast by Design
project.
1013
Mr. Etienne advised that:
In 200i, Council adopted a new neighborhood revitalization
strategy aimed at building strong neighborhoods and a
sound economy.
The goal of the strategy is to target resources in specific
neighborhoods to spur redevelopment and to improve
quality of life in Roanoke's neighborhoods.
· Expected outcomes of Southeast by Design are:
Provide better neighborhood planning and community
involvement
Provide better community services
Eliminate blight through property acquisition,
demolition, renovation and new construction
Provide for traffic calming measures
Provide incentives for business/commercial rehabilitation
Impact of Southeast by Design: crime declined by 65 per
cent, calls for service declined by 25 per cent and a
neighborhood watch program was started.
15 properties were acquired for redevelopment (eight
homes were sold and/or under construction, two
demolitions for new construction, five undeveloped
properties to the contractors for bids); 12 renovation loans
were provided to existing owners; and 39 repair grants were
provided to area residents.
1014
Photographs were reviewed of the following houses
purchased and renovated by Blue Ridge Housing
Development Corporation:
522 6t~ Street-1700 square feet, four bedrooms,
two baths, full basement, new siding, new roof,
HVAC-Before rehab value: $23,900.00 and after
rehab value: $72,500.00
702 Jamison Avenue, S. E. - 2300 square feet, three
bedrooms, 1.5 baths, roof, detached garage, new
siding, HVAC - Before rehab value: $30,300.00 and
after rehab value: $81,500.
Allison Avenue, S. E. - Duplex, each side has 1200
square feet, three bedrooms, two baths, HVAC, new
roof and siding, property was marketed as one
structure, owner lives in one side and rents out the
other - Before rehab value: $57,700.00 and after
rehab value sales price: $129,950.00
Properties which are homeowner/rehab by the Roanoke
Redevelopment and Housing Authority:
1117 Bullitt/Highland Avenue, S. E. - Before Rehab
value: $45,200.00 and after rehab: appraised value
$92,000.00
1107 Bullitt Avenue, S. E. - Before Rehab value:
$43,600.00 and after rehab: appraised value:
$75,000.00
716 Jamison Avenue, S.E. Before Rehab Value:
$28,700.00 and after rehab: appraised value:
$79,500.00
1015
Homes under construction include: 708 Jamison Avenue, S E.,
533 6'h Street, S. E., and 515 6th Street, S. E.
Other visible improvements include 15 facade improvement
grants to existing businesses, supporting new commercial
developments to include a grocery/drug store and a car
repair garage, and traffic calming measures.
Business Facade Improvement Grants include: the
Presbyterian Community Center, Bill's Auto Sales at 804
Tazewell Avenue, B & F Home Center at 1636 Dale Avenue,
Domino's Pizza and Beltone at 325 A & B Elm Avenue, Ellis
Auto Body at 404 9'" Street, Frank R. and Mary E. Radford at
1207 Jamison Avenue, K&T Investments at 829 Tazewell
Avenue, Sawer's Construction Company at 801 Bullitt
Avenue, Saleeba's Grocery at 926 Tazewell Avenue, Clem
Enterprises at 907 Tazewell Avenue, Bobby Scruggs at 1024
Jamison Avenue, Salvation Amy Thrift Store at 828 Jamison
Avenue, Polumbos at 1302 Tazewell Avenue, Valley Express
at 504 13'h Street, Star City Food Center at 509 13'~ Street
and RYTLLC - Robert Young at 1302 Jamison Avenue.
Traffic calming measures will improve the attractiveness of
the corridor, improve public safety and slow down traffic.
Southeast by Design partners include: Southeast by Design
Steering Committee, Historic Belmont Preservation, Southeast
Action Forum, Southeast Roanoke Christian Partnership, Faith
Works, Roanoke Redevelopment and Housing Authority, Blue
Ridge Housing Development Corporation, Presbyterian
Community Center, Regional Housing Network, various
departments from the City of Roanoke, Virginia Tech, First
Union/Wachovia Bank, First Citizens Bank, SunTrust Bank,
Wells Fargo Mortgage Company, The Roanoke Times, and
numerous newspaper articles highlighting the status and
accomplishments of the project.
1016
In response to a statement that crime has declined by 65 per cent and calls
for service have declined by 25 per cent, the Mayor requested additional
information with regard to specific blocks.
The Reverend David Walton representing the Southeast by Design Steering
Committee, expressed appreciation on behalf of the southeast community. He
advised that the community was specifically concerned about housing and
infrastructure, traffic and safety, the appearance of the neighborhood, and the
lack of or the need for available and affordable health care; and since inception of
the Southeast by Design Project in May 2001, the City and the southeast
community have worked together to uphold the partnership. He stated that
funding for Southeast by Design will end on June 30, 2004; however, the Steering
Committee wishes to continue to meet, and propose the following beginning in
July 2004: aggressively market the Southeast by Design project beyond southeast
Roanoke, therefore, the Southeast by Design Steering Committee will host a
breakfast meeting attended by representatives of the Roanoke Valley Realtors
Association, civic leaders and large business leaders to discuss the Southeast by
Design project and to provide an opportunity to dialogue with residents of the
southeast community in order to begin to market southeast to those persons who
market the Roanoke Valley region on a daily basis; there is a need to continue
community involvement programs such as a garden club that will have the
potential to spread beyond the Jamison/Bullitt corridor into other areas of
southeast Roanoke; and the Southeast by Design Steering Committee will
continue to meet on a regular basis, with the goal of rotating in new members at
the end of July, acting as a kind of "think tank" with resources offered by
representatives of the Roanoke Redevelopment and Housing Authority, Blue Ridge
Housing Development Corporation, the Police Department and other persons who
have been actively involved in the program.
The City Manager advised that Southeast by Design has been a successful
project, residents have been patient with the City while the City learned a new and
different way of doing business, and while the City engaged in an overly
ambitious schedule which took two years as opposed to the one year that was
originally envisioned. She stated that the willingness of southeast Roanoke to
serve as the pilot project, to learn with the City, to allow the City to make
mistakes, and to determine where improvements are needed in the future has
been of assistance to City staff. Even though the commitment of funds ends to
the southeast neighborhood on June 30, 2004, she stated that the City will be
working through December 31, 2004, on traffic calming improvements,
additional rehabs and new construction; Southeast by Design is still a work in
progress and Council will receive another briefing at the end of the calendar year.
1017
The City Manager called upon Beth Neu, Economic Development Director,
for a briefing on the Grow America Fund.
Ms. Neu advised that:
The City was approached by the Roanoke Valley/Allegheny
Regional Commission in response to a recently adopted
Economic Development Strategy to form a regional business
loan pool through the National Development Council's (NDC)
Grow America Fund.
The NDC partners with local municipal economic
development staff to offer the financing and development
resources to benefit the small business community.
The NDC is a United States Treasury Certified Development
Financial Institution and a Certified Development Entity and
may be able to use the benefits of that status to bring more
money and technical assistance to the City of Roanoke.
In order to make the loan pool viable, the NDC believes that
a regional approach would work best for the Roanoke area;
the NDC currently operates a Grow America Fund program in
the City of Richmond; the Regional Commission is willing to
serve as the intermediary and to work with a group of
stakeholder communities in order to participate in the
program.
· Advantages of the program are:
The Grow America Fund leverages to the community loan
dollars to make the loans (i.e. they contribute to the pool
using SBA resources, typically four times the community
investment)
1018
The NDC staff assists in marketing the program, assists in
originating and packaging the loans, analyzes loan
applications, determines credit worthiness, underwrites,
closes, services and collects the loans, works with local
banks, attorneys, CPAs, SBDCs etc., staff performs an
annual review of each loan, staff provides fiscal reporting
to the local client and training and capacity building
services to client staff.
NDC has extensive experience in small business financing
(has existed since 1969) and has closed 240 loans since
the GAF program began.
The NDC staff of former bankers, developers,
entrepreneurs, community and economic development
officials and government agency lenders understand the
needs and concerns of both the private and public sectors
and will provide technical assistance service to help client
communities be successful on a variety of projects.
The GAF program differs from conventional lending by providing:
Patient Growth Capital - longer, more patient terms
means smaller monthly loan payments, giving the
borrower more time to reach full potential. Small loans-
GAF's loans range from $50,000.00 to $1,000,000.00.
Lower Down Payment-higher loan-to-value ratios allow
the business to maximize equity available for growth
capital. Lower interest Rate-community development, not
profit, is the goal so NDC can provide lower interest rates.
Better Structure-GAF matches the term of the loan to the
life of the assets being financed and matches debt service
to available cash for repayment.
Costs include: an annual management fee, contribution to
the loan pool and the City will have to provide some
marketing and staff time.
1019
Timeline for entering into an agreement with the NDC:
identify participating communities by mid-May, prepare
Memorandum of Understanding between the Regional
Commission and the participating communities by mid-
June (start working with local bankers, etc., to promote
the program), enter into the Agreement with NDC by mid-
July, and roll out the program by August 1, 2004.
Ms. Neu recommended an initial contribution by the City of Roanoke of
$200,000.00 to the loan pool.
It was the consensus of Council that the City of Roanoke will participate in
the Grow America Fund.
At 12:15 p.m., the Mayor declared the Council meeting in recess until
12:45 p.m., at which time Council convened in Closed Session in the Council's
Conference Room, Noel C. Taylor Municipal Building.
At 2:00 p.m., on Monday, May 3, 2004, the Council meeting reconvened in
the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, and Mayor
Ralph K. Smith ....................................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Kenneth B. Wright,
Pastor, First Baptist Church, 310 N.Jefferson Street.
1020
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-RESCUE MISSION: The Mayor presented a proclamation
declaring the month of May 2004, as Rescue Mission Month.
PROCLAMATIONS-WATER RESOURCES: The Mayor presented a proclamation
declaring the week of May 2 - 8, 2004, as National Drinking Water Week.
PROCLAMATIONS-LANDMARKS/HIST. PRESERVATION: The Mayor presented
a proclamation declaring the week of May 3 - 9, 2004, as National Historic
Preservation Week.
PROCLAMATIONS-TOURISM: The Mayor presented a proclamation declaring
the week of May 8 - 16, 2004, as National Tourism Week.
PROCLAMATIONS-INSURANCE: The Mayor presented a proclamation
declaring the week of May 10 - 16, 2004, as Cover the Uninsured Week.
ACTS OF ACKNOWLEDGEMENT:
ARCHITECTURAL REVIEW BOARD:
On behalf of the Architectural Review Board, Chairman Robert N. Richert
presented awards for the following:
H-:~ District - FNB Bank Building, 302 Market Street. When the
newly merged FNB Bank (with Salem Bank & Trust) was
interested in relocating to the downtown Market area after 88
years in its former location near the Municipal Building, the
owners and the architect had to overcome many obstacles to
fit a modern bank into a historic storefront. With the help of
Sonny Tarpley, President of Salem Bank & Trust, William and
Gale Sowers, former owners of the building, and architect
Peter Clapsaddle, the bank building was renovated internally
and externally.
1021
H-1 District: Signage on the Wigmore Building at 309 Market
Street. When the owner of the building, Sherwin Jacobs,
wanted to market his building and to acknowledge its
historical significance, he hired Sign Design to propose the
right signs to complement the building. After much work by
the owner, Al Williams, and the designer, Dan Moore, working
with the Architectural Review Board, they arrived at a series of
attractive and informative signs that not only describe the
history of the building, but provide a directory of the upper
floors. The signs are an asset to the City Market area and
provide a good example for appropriate sign design and
location.
H-2 District - Renovation of 433 Albemarle Avenue by Pitman
Construction Company. The apartment building was vacant
and placarded by the City before Bud and Walt Derey, father
and son owners of Pitman Construction Company, purchased
the property in 2002 and started renovation. After working
cooperatively with the Architectural Review Board, the building
and its former carriage house apartment were restored by the
Derey's and are now a contributing property to the historic
streetscape.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion is
desired, the item will be removed from the Consent Agenda and considered
separately.
AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee which
was held on Monday, April 5, 2004, were before the body.
1022
Topics of discussion included Internal Audit Reports:
A. Treasurer Turnover
B. Clerk of the Circuit Court
C. Parks and Recreation
D. Fixed Assets
Audit Committee meetings for the remainder of the calendar year:
o Tuesday, July 6, 2004
o Thursday, October 7, 2004
o Monday, December 20, 2004 (at 1:00 p.m.)
Mr. Bestpitch moved that the minutes of the Audit Committee be received
and filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
ZONING-SCHOOLS: A communication from the City Manager advising that
the plan for reconstructing Patrick Henry High School calls for ten of the current
eleven buildings on the campus to be demolished, with a new three-story,
330,000 square foot building to be constructed to replace the demolished
buildings, was before Council.
It was further advised that the current zoning of the subject property is
RS 1, Residential Single-Family District, which restricts structures to a maximum
height of 35 feet; a rezoning of the property to INPUD, Institutional Planned Unit
Development District, is recommended; the INPUD District would permit the uses
existing and proposed for the property, allow for structures up to a maximum
height of 45 feet, and encourage efficient redevelopment of the site; and the
INPUD District is intended to encourage harmonious development of institutional
uses and mixed-use campus developments.
1023
The City Manager explained that Vision 2001-2020, the City's
Comprehensive Plan, recommends the efficient redevelopment of existing sites
within the City and the improvement of the City's educational facilities; and
consolidation of Patrick Henry High School from the current 11 building campus
into two buildings reduces the impervious areas of roof, sidewalk, and driveways,
consistent with Vision 2001-2020's recommendation for limiting impervious
surfaces to reduce storm water runoff.
The City Manager recommended that she be authorized to file a petition to
rezone the Patrick Henry High School property, located at 2102 Grandin Road,
S. W., Official Tax No. 1460101, from RS-l, Residential Single-Family District, to
INPUD, Institutional Planned Unit Development District.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
COMMITTEES-PENSIONS-HOTEL
HOUSING/AUTHORITY:
ROANOKE CONFERENCE CENTER-
The following reports of qualification were before Council:
Michael W. Hanks as a member of the Board of Trustees, City of
Roanoke Pension Plan, to fill the unexpired term of D. Duane
Dixon, resigned, ending June 30, 2004;
C. Nelson Harris as a member of The Hotel Roanoke
Conference Center Commission, for a term ending April 12,
2008; and
Rich G. McGimsey as a member of the Fair Housing Board, for a
term ending March 31, 2007.
1024
Mr. Bestpitch moved that the report of qualification be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
Mr. Robert Craig, 701 12~ Street, S. W., inquired if Council transacts
business with The Hotel Roanoke Conference Center Commission and, if so, he
expressed concern that there may be a conflict of interest inasmuch as Vice-
Mayor Harris serves as both a Member of City Council and a member of The Hotel
Roanoke Conference Center Commission.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ACTS OF ACKNOWLEDGEMENT-THE NEW CENTURY COUNCIL: Lisa Isom,
President, The New Century Venture Center, advised that on April 26, 2004, the
New Century Venture Center was named the 2004 Randall M. Whaiey Incubator of
the Year by the National Business Incubation Association, which award recognizes
overall excellence in business incubation. She stated that the Whaley award is the
Association's most prestigious award; and the new Century Venture Center was
selected from over 1,000 member incubators throughout the world. She further
stated that prior to receipt of the Whaley award, the New Century Venture Center
was recognized for having graduates of the year in 2002 in the service
manufacturing category and graduates in the technology category in 2003; many
things contributed to the recognition, including diversity of programs, success of
tenant and graduate companies, operating on a conservative shoestring budget,
and completing the job with a staff of two full time employees and one part time
employee. She added that since opening in 1996, the Center has assisted over 75
companies, 26 of which have graduated from the Center and have continued their
operations throughout the Roanoke Valley; the Center currently houses 24
tenants who operate 27 businesses and employ approximately 70 persons; the
Center operates a mixed use incubator, with current occupancy including 18
service companies, five technology firms, and one bioscience firm; 15 of the firms
represent women and minority owned businesses; those businesses responding
to the tenant and graduate survey for 2003 indicated gross revenues of over $7
million and total payrolls of $2.4 million; the Center assists with all types of
1025
entrepreneurs and have experienced success in each category, from technology
to service companies, to assisting entrepreneurial residents of public housing and
home based businesses; a strong training program is provided offering affordable
training in all aspects of business operations; the Venture Out Program provides
service to businesses not physically located within the Center; and other factors
that have had a direct influence on the success of the Center include continuity of
leadership in staff and the Board of Directors, creation of an entrepreneurial
environment for businesses, and assistance provided to clients through advisory
teams composed of volunteers from the Roanoke Valley and surrounding
communities. She advised that Roanoke's New Century Venture Center has been
well represented, is recognized as a leader in the incubation industry and is often
used as a model for other programs throughout the country.
On behalf of the Board of Directors, Ms. Isom offered assistance to the City
of Roanoke in the operation and growth of Warehouse Row and advised that
including the project under the umbrella of the New Century Venture Center
would allow the Center to expand its capability to provide additional space
options and services to companies that wish to be located in the downtown area,
but also need the nurturing that is provided by a full-fledged incubation
program.
BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from
the City Manager transmitting a request of the Roanoke Valley Resource Authority
to present its proposed Annual Budget for fiscal year 2004-2005, was before
Council.
Pursuant to the Member Use Agreement, John R. Hubbard, Chief Executive
Officer, Roanoke Valley Resource Authority, presented the proposed 2004-2005
Annual Budget of the Roanoke Valley Resource Authority, in the amount of
$8,628,5 :~5.00.
Mr. Dowe offered the following resolution:
(#36680-050304) A RESOLUTION approving the annual budget of the
Roanoke Valley Resource Authority for fiscal year 2004-2005, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 68, Page 438.)
1026
Mr. Dowe moved the adoption of Resolution No. 36680-050304. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
COMMI~-fEES-YOUTH: The City Manager called upon Marion Vaugh-
Howard, Youth Planner, for a briefing on the Youth Commission.
Members of the Youth Commission, i.e.: Carl Kelso, Co-Chair; Kathryn
Hatam, Co-Chair; Alisha Childress~ Vice-Chair; and Ashley Johnson, Special
Projects Coordinator, participated in the briefing.
They advised that:
A Youth Forum was held on November 22, 2002, which was
attended by students from local high schools who identified a
need for an official "voice for the youth".
Based upon an identified need, a Youth Commission was
established consisting of 20 active appointed and volunteer
members who attend regular meetings of the Commission.
A Youth Retreat was held in March 2003 which addressed team
building, overcoming differences/group dynamics,
identification of key priority issues and identification of
leadership.
1027
· Initiatives planned and/or missions accomplished include:
Representation on the Roanoke
Advocates Committee
Neighborhood
A Resource Directory Guide
A Youth Fitness Program
A Youth Student Grant Program
A Youth Nutritional Program
Youth Internships and Employment
The Resource Guide and Youth Directory will provide a
community resource database for youth services, stakeholders,
and list available services and resources.
Youth Internships and Employment will act as partners with
Youth Service organizations for placement, partner with the
Roanoke City Library department, provide on the job training
and work ethic development, partner with City departments for
placement, and provide internships for 65 young people.
The Youth Student Grant will involve Mill Mountain Theatre,
Boy Scouts Camp grants, Dumas Drama Guild, Addison
Garden, and Youth Police Academy Summer Program.
The Youth Commission co-sponsored World Changers on July
12-:~9, 2003, which provided volunteer services to residents
of the City of Roanoke, provided "goodie bags" to out of town
volunteers, and distributed Popsicles along with the City
Manager and Assistant City Manager.
National Youth Service Day celebration was held on April 17,
2004, which recognized 400+ youth volunteers for
participation in service projects.
1028
The Youth Commission was invited to present at the 2004
National Prevention Through Recreation Services Conference,
youth representatives participated in a panel discussion on the
formation of the Youth Commission and the presentation was
based on 40 developmental assets and healthy youth
development.
"Rock the Park" which was held on September 20, 2003,
provided an opportunity for special event programming for the
City's youth, which included a youth concert, games and food
in Elmwood Park, with local/out of town youth talent
performances.
A School Safety Task Force/Youth Citizenship Summit will be
held on May 5, 2004, which will be a follow up to Town
Meetings on school safety, group discussions will be facilitated
on student involvement in school safety issues, the meeting
will be attended by 200 students from City schools, with :18
youth facilitators/recorders and 34 adult volunteers from City
departments.
Student Government Day will be held on May 27, 2004, which
will introduce youth citizens to City of Roanoke government
positions, highlight the Public Works Department, allow
participants to shadow government officials, and allow for
special recognition.
Preston Recreation Center will offer a location to develop a
safe community place for young people to "call their own";
implement programs for "young people by young people",
provide intergenerational programs within the facility, and
create educational mentoring and social development skills.
The succession plan calls for recruitment of new members,
extending recruitment to middle school students, and a Youth
Commission Retreat.
1029
The Strategic Business Plan calls for an advocate for youth and
adolescents in the City of Roanoke, to identify needs for Youth
Services in the community, to provide special event program
opportunities, and to develop a Youth Leadership Academy.
City Council's Vision Plan calls for development of an
addendum to the City's Comprehensive Plan a "Youth
Comprehensive Plan" and development of an addendum to the
Vision Plan - "Youth Vision Plan".
Representatives of the Youth Commission expressed appreciation to
Council for its continued support and for providing opportunities for the Youth
Commission to be the voice of all young people within the City of Roanoke, which
demonstrates that "this is the city which continues to care about its children."
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CIVIC CENTER-ENVIRONMENTAL POLICY: A communication from
the City Manager advising that the Virginia Department of Environmental Quality
(DEQ) is requesting that the City of Roanoke enter into a Consent Order with the
Commonwealth of Virginia Waste Management Board to resolve certain solid
waste disposal issues identified on City owned property located adjacent to the
City's Public Works Service Center; in the Consent Order, DEQ acknowledges that
the solid waste identified on City owned property located adjacent to the City's
Public Works Service Center has been properly removed from the site and no
further remediation or closure activities are currently being requested; while the
City is admitting the jurisdictional allegations in the Consent Order, the City is
not admitting the factual allegations or legal conclusions contained within the
Consent Order; and the City is agreeing to pay $3,000.00 in settlement of alleged
violations in order to resolve the matter.
It was further advised that negotiations to develop the Consent Order
included representatives of the City's legal counsel, the City's environmental
consultant, and staff from the City and the Department of Environmental Quality.
1030
The City Manager recommended that she be authorized to execute the
Consent Order on behalf of the City of Roanoke with the Department of
Environmental Quality and the Commonwealth of Virginia Waste Management
Board, and to make payment to the Treasurer of Virginia, through DEQ, the
amount of $3,000.00 for settlement of alleged solid waste violations and to
execute other documents and to take such further action as may be needed to
conclude the matter.
Mr. Fitzpatrick offered the following resolution.
(#36681-050304) A RESOLUTION authorizing the City Manager to execute
for and on behalf of the City a Consent Order with the Commonwealth of Virginia
Waste Management Board and the Department of Environmental Quality (DEC).)
resolving certain solid waste disposal issues involving City owned property
located adjacent to the City's Public Works Service Center, upon certain terms and
conditions; and authorizing the City Manager to take such further action and to
execute and provide such further documents as may be necessary to comply with
and implement the provisions of such Consent Order.
(For full text of Resolution, see Resolution Book No. 68, Page 439.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36681-050304. The
motion was seconded by Mr. Cutler.
Council Member Bestpitch called attention to a number of concerns that
have been raised regarding the future impact of the materials that were found at
the specified location; i.e.:
On August 25, 2003, two crushed 55 gallon drums containing
dried paint and three empty drums were excavated during
construction activities; and there was no soil staining, odor, or
any other evidence that any of the material had leaked out of
the drums.
On September 9, 2003, a partially crushed 55 gallon drum was
excavated during construction activities; the contents of the
drum and approximately 60 tons of soil, some of which was
petroleum contaminated, were removed and disposed of
properly; following removal of the approximately 60 tons of
soil, there was no staining, odor, or any other evidence of
release in the soil that remained in place at the site, and all of
the contamination was removed.
1031
On October 7, 2003, one 30 gallon drum containing paint, and
four five gallon pails containing paint were excavated; there
was no soil staining, odor, or any other evidence of a release
from any of the containers, and none of the matter had leaked
into the soil.
On December 30, 2003, one partially crushed 55 gallon drum
containing absorbent material was excavated; the drum, its
contents and approximately seven tons of petroleum
contaminated soil were removed for disposal, properly
disposed of, and all petroleum contaminated soil was removed
from the site.
Mr. Bestpitch stated that he was not suggesting that any of the above was
not a problem, or that it should not have been corrected once it was found;
everyone is in agreement that none of the material should have been disposed of
improperly at this location or at any other location; many people have different
ideas about what should be done with the property in the future; however,
whatever happens to this particular site, at some point in the future, it should be
known that there is no reason for any person to think that there is any type of
toxic waste situation, or any type of hazard that will prevent a productive use of
the property. He advised that for the record, it should be stated that there is no
reason for any citizen to think that there is any danger resulting to any citizen
from future use of the site.
Council Member Cutler advised that the site of the proposed new
stadium/amphitheater is now one of the cleanest and safest sites in the
Commonwealth of Virginia; the City of Roanoke could have disagreed with the
Department of Environmental Quality and gone to court over the matter, which
would have cost the City far more than the $3,000.00 fine the City has agreed to
pay; and the City of Roanoke has pledged to the Department of Environmental
Quality and to itself that it will be a model of compliance with environmental laws
and regulations in the future. He reiterated the remarks of Mr. Bestpitch that the
site at Orange Avenue and Williamson Road is free of contamination.
Resolution No. 36681-050304 was adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt, and
Mayor Smith ......................................................... 6.
NAYS: None ................................................... 0.
1032
(Vice-Mayor Harris was out of the Council Chamber when the vote was recorded.)
BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a
communication advising that on December 2, :~999, Roanoke Pro Football, LLC,
doing business as the Roanoke Steam, entered into an agreement with the City of
Roanoke to provide Arena Football 2 games at the Civic Center Coliseum; in
March 2000, the City purchased Arena Football equipment in the amount of
$168,671.00; in 2002, the team acquired new owners, but the City terminated
the agreement when the new ownership group filed for bankruptcy; the City was
left with Arena Football equipment that was used for only two seasons; previous
attempts to sell the equipment proved unsuccessful; however, in March 2004,
owners and managers of the Wichita Falls Thunder expressed an interest in
acquiring the equipment; and after following the required procedures, the
majority of the equipment was sold for $45,000.00, and remaining equipment
will be used at the Civic Center and Victory Stadium.
It was further advised that proceeds from the sale of the equipment can be
used to address needed improvements such as repair of the stage and
replacement of seats in the Civic Center Auditorium.
The City Manager recommended that Council authorize the Director of
Finance to establish a revenue estimate, in the amount of $45,000.00, from the
sale of equipment and appropriate funding to Account No. 005-550-8623-9003
(Seat Refurbishing Auditorium and Coliseum) where the funds may be used for
capital improvements.
Mr. Fitzpatrick offered the following budget ordinance:
(#36682-050304) AN ORDINANCE to appropriate funding received from the
sale of Arena Football equipment, amending and reordaining certain sections of
the 2003-2004 Civic Facilities Fund Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 440.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36682-050304. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt, and
Mayor Smith ......................................................... 6.
NAYS: None ................................................... O.
1033
(Vice-Mayor Harris was out of the Council Chamber when the vote was recorded.)
CITY MARKET-BUDGET: The City Manager submitted a communication
advising that the City opened bids for the replacement of the City Market Building
HVAC on March 4, 2004; two bids were received from local contractors, with the
Iow bid being $1,568,245.00; and variance between the two bids was
approximately six per cent.
It was further advised that estimated cost of the project is $965,000.00; the
higher than expected bids reflect the difficulty of work in an historic building that
will remain in retail food service operation throughout construction; the project
also requires limiting the contractor's work times and the site presents difficult
construction staging and material storage challenges.
It was explained that City staff, with the Iow bidder and Design Engineer,
have reviewed the project, in an effort to identify opportunities to reduce cost; in
order to meet budget limits, it is necessary to design a less efficient and less
flexible heating and cooling system, which, while meeting the budget, will not
provide the desired comfort and operational flexibility needed in the City Market
Building.
The City Manager recommended that Council proceed with the HVAC
replacement project as currently designed; increased funding requirements of
$700,583.00 will be addressed by using several sources as detailed below;
additional funding beyond the contract amount will be used for miscellaneous
project expenses including advertising, prints, test services, minor variations in
bid quantities, and unforeseen project expenses.
The City Manager further recommended that Council appropriate funds to
Market Building Improvement, Account No. 008-530-9767, in the amount of
$74,333.00 from unappropriated CMERP (001-3323); and transfer funds from the
following accounts to Market Building Improvements, Account No. 008-530-
9767:
Life Insurance Premium Savings
Roanoke Valley Detention Commission
Main Library Improvements
Greater Gainsboro Land Acquisition
Municipal South Elevators
120 Commonwealth Avenue
Maintenance of Fixed Assets
001-250-9110-1130
001-121-2130-2008
008-052-9640-9003
008-410-9653-9003
008-530-9792-9132
008-530-9816-9003
001-440-4330-3057
$164,807.00
$150,000.00
$ 8,285.00
$139,519.00
$ 43,799.00
$ 19,840.00
$100,000.00
1034
Mr. Cutler offered the following budget ordinance:
(#36683-050304) AN ORDINANCE to appropriate funding for the City
Market Building HVAC System Replacement, amending and reordaining certain
sections of the 2003-2004 General and Capital Projects Funds Appropriations
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 44:1.)
Mr. Cutler moved the adoption of Ordinance No. 36683-050304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
CITY ATTORNEY:
CITY CODE-SCHOOLS: The City Attorney submitted a written report
advising that during his absence while on vacation, Council elected to extend the
application deadline until April 19, 2004, for candidates for two School Board
positions; the Assistant City Attorney advised that such extension is permissible
under law; however, if the Council elects to appoint one or more of the applicants
who applied after March 10, 2004, §9-17 of the City Code will need to be
amended, inasmuch as the section provides that the "Council shall elect schOOl
trustees only from among those persons, including incumbent trustees, who have
declared their candidacy by March 10 of each year."
It was explained that the procedure adopted by Council for appointment of
School Board members is more detailed and cumbersome than that which is
required by State law; the procedure was streamlined in 2001, and the Council
may wish to further streamline the procedure in order to allow more flexibility in
the application process.
1035
Mr. Bestpitch offered the following ordinance:
(#36684-050304) AN ORDINANCE amending §9-:~7, Candidate's
application, of Article II, Procedure for Election of School Trustees, Chapter 9,
Education, Code of the City of Roanoke (1979), as amended, by removing the
March Z0 deadline for filing of applications by candidates for election of school
trustees; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 443.)
Mr. Bestpitch moved the adoption of Ordinance No. 36684-050304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ..................................................... 7.
NAYS: None ................................................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of March 2004.
There being no discussion, without objection by Council, the Mayor advised
that the Financial Report for the month of March 2004 would be received and
filed.
REPORTS OF COMMITTEES:
ROANOKE ARTS COMMISSION: Mark C. McConnel, Chair, Roanoke Arts
Commission, presented a written report on behalf of the Arts Commission
advising that several months ago, the Roanoke Arts Commission recommended to
Council that the City accept a sculpture entitled, "Unity" by local artist Judith
Damon; the Arts Commission appointed a site selection committee composed of
Commission members to determine possible sculpture installation locations on
City property; the site selection committee recommended to the Arts Commission
a site in Elmwood Park; the Arts Commission voted to accept the location, met
with the Director of the Department of Parks and Recreation and the Parks and
Recreation Advisory Board because the site is located on City park property; the
Arts Commission and the Department of Parks and Recreation concur in
recommending that Council dedicate this site for installation of the Unity
sculpture, and also recommends that the artist be given one year to install the
1036
sculpture. He stated that the artist has indicated that donations for the work of
art and installation will be at no cost to the City of Roanoke.
Herb Detweiler, President, JRD ART, advised that he has been working with
the Roanoke Arts Commission to identify an appropriate and viable site for the
sculpture in the downtown Roanoke vicinity. He expressed concern that the site
proposed by the Roanoke Arts Commission in Elmwood Park will not work; in
order to donate the sculpture to the City, it will be necessary to raise a large sum
of money from citizens and businesses in the Roanoke Valley, therefore, it will be
crucial to the success of fund-raising that potential donors will be able to see the
proposed site as a good location; i.e.: it is easily seen and accessed by the
general public.
He advised that if the sculpture must be located in Elmwood Park, two
suggestions are offered; i.e.: the first suggestion involves a site that would not be
obscured by the large rocks and is near the library courtyard; the slope of the hill
provides that the partly exposed lower side of the supporting base could
accommodate a bronze plaque that the artist intends to install listing the names
of major donors; and the second suggestion, which is the ideal location, is to
move the sculpture off the hill to the corner of Elm Avenue and Jefferson Street.
He stated that there is about 46 feet of space between the sidewalk and the
present bricked area, allowing ample room to place the sculpture on a 30 - 35
foot star of red paving bricks; nothing presently located at this corner site would
need to be disturbed, except the short connecting sidewalk into the present
bricked area; and this location would maximize the ability of people to see the
sculpture and provide an exciting and inspiring welcome to those persons using
this busy corridor to the downtown area.
It was the consensus of Council to refer the recommendation of the
Roanoke Arts Commission and alternate recommendation(s) offered by Mr.
Detweiler to the City Manager for report to Council
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
1037
ACTS OF ACKNOWLEDGEMENT-CHURCHES: Council Member Bestpitch
called attention to the 50'h Anniversary Service of the Unitarian Universalist
Church on Saturday, May 1, 2004, and advised that William M. Hackworth, City
Attorney, who is a member of the Church has written a 50 year history of the
Unitarian Church which is available for purchase.
ACTS OF ACKNOWLEDGEMENT-HOTEL ROANOKE CONFERENCE CENTER: The
Mayor commended The Hotel Roanoke and Conference Center upon receipt of the
Double Tree Pride Award.
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.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
expressed appreciation to Council Member Wyatt for her motion to hold in
abeyance the construction of a new stadium/amphitheater at the Orange
Avenue/Williamson Road site until the new Council is seated on July 1, 2004. He
stated that the City of Roanoke has a stadium (Victory Stadium) that is worth
preserving in memory of World War II veterans, and Victory Stadium can be
renovated like other historic buildings in the City of Roanoke such as The Hotel
Roanoke and the railroad station which now houses the O. Winston Link Museum.
He added that if Victory Stadium is renovated and properly promoted, it can be a
money making venture for the City of Roanoke.
COMPLAINTS-TAXES-CITY EMPLOYEES: Mr. Robert Gravely, 729 Loudon
Avenue, N. W., advised that City properties are not being utilized to their fullest
potential and referred to the Public Works Service Center on Courtland Road,
N. E., which should be used as a base operation for all City employees involved in
public works and parks and recreation activities. He also called attention to a
building on Shenandoah Avenue that could be used for vocational education
purposes. He stated that City properties are not being properly maintained; in
order to do a job correctly and efficiently, there must be an effective work force,
working under a satisfactory pay scale; and laws should be passed by Council for
the good of the people and only after input from citizens. He expressed concern
with regard to the Iow wages paid to City employees and stated that it is difficult
for any person to live off of $8.00 an hour in today's economy.
CITY MANAGER COMMENTS:
1038
CITY MARKET-ACTS OF ACKNOWLEDGEMENT: The City Manager called
attention to the Chili Cook-Off and the Strawberry Festival which were held on the
City Market on Saturday, May 1, 2004, both of which were well attended by
citizens of the Roanoke Valley.
At 4:00 p.m., the Mayor declared the Council meeting in recess for
continuation of a Closed Session.
At 5:20 p.m., the Council meeting reconvened in the Council Chamber, with
all Members of the Council in attendance, except Council Member Dowe, Mayor
Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Fitzpatrick moved that each Member of City Council certify to the best of his or
her knowledge that: (1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act; and
(2) only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Harris, Wyatt, and
Mayor Smith ......................................................... 6.
NAYS: None .................................................... 0.
(Council Member Dowe was absent.)
OATHS OF OFFICE-HOUSING/AUTHORITY: The Mayor advised that there is a
vacancy on the Roanoke Redevelopment and Housing Authority created by the
resignation of Joseph F. Lynn, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Gregory M. Cupka.
1039
There being no further nominations, Mr. Cupka was appointed as a
Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the
unexpired term of Joseph F. Lynn, resigned, ending August 31, 2007, by the
following vote:
FOR MR. CUPKA: Council Members Bestpitch, Cutler, Fitzpatrick, Harris,
Wyatt, and Mayor Smith ............................................... 6.
NAYS: None ................................................... O.
(Council Member Dowe was absent.)
CONVENTION AND VISITORS BUREAU: The Mayor advised that there is a
vacancy on the Roanoke Valley Convention and Visitors Bureau, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Morris Turner.
There being no further nominations, Mr. Turner was appointed as a City
representative to the Roanoke Valley Convention and Visitors Bureau, for a term
ending June 30, 2004, by the following vote:
FOR MR. TURNER: Council Members Bestpitch, Cutler, Fitzpatrick, Harris,
Wyatt and Mayor Smith ................................................ 6.
(Council Member Dowe was absent.)
At 5:25 p.m., the Mayor declared the meeting in recess_until Friday, May 7,
2004, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, at which time Council will engage in fiscal year
2004-2005 budget study; Council will meet with the Roanoke City School Board
in a joint Budget Study Session on Monday, May 10, 2004, at 8:30 a.m., in Room
159; a Budget Study Session is scheduled for Tuesday, May 11, 2004, at 8:30
a.m., in Room 159, if necessary; and the fiscal year 2004-2005 budget will be
adopted at a Special Meeting of Council on Thursday, May 13, 2004, at 2:00 p.m.,
in the City Council Chamber.
The meeting of Roanoke City Council reconvened on Friday, May 7, 2004, at
8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Mayor Smith presiding.
1040
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr. (arrived at 9:00 a.m.), Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda
F. Wyatt and Mayor Ralph K. Smith ...................................... 7.
ABSENT: None .................................................. O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
OTHERS PRESENT: Council Member-Elect Sherman P. Lea; Ann H. Shawver,
Deputy Director of Finance; George C. Snead, Jr., Assistant City Manager for
Operations; M. Don Caldwell, Commonwealth's Attorney; Brenda L. Hamilton,
Clerk of Circuit Court; and Sherman M. Stovall, Acting Director, Office of
Management and Budget.
BUDGET: The City Manager advised that the purpose of the meeting was to
convene in the Council's 2004-2005 Fiscal Year Budget Study~
The City Manager advised that she was requested by a Member of Council
to provide information regarding the staffing level of Constitutional Officers, and
staff seeks direction from the Council; whereupon, she called upon Sherman M.
Stovall, Acting Director, Office of Management and Budget, to review charts
showing the number of authorized Compensation Board positions and the change
in funding for the Sheriff/Jail, Treasurer, Commissioner of the Revenue,
Commonwealth's Attorney and Clerk of the Circuit Court:
Constitutional Officer
State Compensation Board Positions - City of Roanoke Positions
C_onstitutional Office
Sheriff/Jail
Compensation Board Positions
205
City of Roanol~e Positions
209
Treasurer 14 15 (! position not funded)
(! position not funded)
Commissioner of
the Revenue 12 16
Commonwealth's 20 ~.7 (2 positions
Attorney (3 positions not funded) (not funded)
Clerk of Circuit Court 27 23
(1 position not funded)
Comments
Four positions added
during FY 2003-04.
Cost offset by Inmate Fee.
Includes Cost Collection
position funded from
collection efforts.
State Compensation
Board does not provide
funding. Roanoke keeps
1041
Change in Funding
Constitutional Officer FY 2005 Budget Increase FY 2005 State Fundin¢ Change In Local Share Funding
Sheriff/Jail $1,092,765.00 ($798,3.66.00) $ 83.3.,23.7.00
Treasurer $ 20,935.00 ($ 7,].66.00 $ 28,].01.00
Commissioner of the Revenue $29~].9]..00 ($ 7~276.00) $ 36,467.00
Commonwealth's Attorney $65~3.03..00 ($ ].2~63.8.00) $ 77,9].9.00
Mr. Stovall advised that:
Estimates established in the recommended budget for
Constitutional Officers are based on the adjusted fiscal year
2004 estimate which was revised after the City adopted the
fiscal year 2003 budget, inasmuch as the State, to date, has not
adopted a budget.
The table shows the change in local Sheriff funding based on
the fiscal year 2005 budget increase, the anticipated change in
State funding, and an increase in local Sheriff funding of
$81:~,217.00 for fiscal year 2005, which is driven by the
addition of four positions that are offset by the inmate
Collection fee; and the cost of VRS retirement increase, in the
amount of approximately $400,000.00 - $500,000.00, which
contribution rate increased from 11 per cent to 16.46 per cent.
The reduction in State funding is the result of an adjustment in
the revenue estimate since the Compensation Board provided
the City with an erroneous revenue estimate for fiscal year
2003, therefore, the estimate in the current year is
approximately $700,000.00 higher, and, in essence, the State
did not make an adjustment for the hold back of the revenue
that the City receives for housing Federal prisoners.
Local share funding in the Office of City Treasurer will increase
approx, imately $28,000.00 due primarily to the cost of the pay
raise and other budget adjustments that are recommended for
fiscal year 2005.
1042
Local share funding for the Commissioner of the Revenue, will
increase $36,000.00; local share funding for the
Commonwealth's Attorney is projected to increase
approximately $78,000.00 some of which represents the cost of
pay raise adjustments and salary adjustments for certain
positions during the current fiscal year.
Local share funding for the Clerk of Circuit Court will increase
by approximately $73,000.00 due to the pay raise and certain
other supplemental funding that is recommended for fiscal year
2005.
Donald S. Caldwetl, Commonwealth Attorney, advised that:
Budget reductions for the Commonwealth Attorney's Office
were perceived as mandatory reductions, and he was of the
impression that he was required to reduce the budget of the
Commonwealth's Attorney in view of the fact that the State
was reducing its budget. In an office such as the
Commonwealth's Attorney which is practically all salaried and
is a service-oriented office, it means cutting positions.
As related to Compensation Board positions, it behooves
Council to look to the individual Constitutional Officer to
provide the necessary input.
The Commonwealth Attorney's Office is adequately staffed,
secretarial-wise, due to automation since attorneys are
computer literate and prepare their own briefs, etc.
Associated with the budget reduction, the Commonwealth's
Attorney lost one attorney position, which means one less
attorney to try court cases.
The City incorporated staff of the Commonwealth Attorney's
Office into the City's Pay Plan, which, in most instances, is a
better plan than the State's plan; and consequently, the City
is incurring more costs, however, in an office like the
Commonwealth's Attorney, salaries will be higher and
present a larger percentage per person than certain other
offices.
1043
He has worked diligently to hire experienced attorneys and
to offer competitive salaries for attorneys because there is a
definite advantage to sending an attorney into court with
:~0 - 15 years of experience versus an attorney with one to
two years of experience.
It has been his goal that the Commonwealth Attorney's Office
will not be used as a training ground for attorneys to go into
private practice; therefore, the City's support over the years
has led to longevity, with one Commonwealth's Attorney who
has 23 years of experience and others who are nearing 19
and 16 years, therefore, professional services are provided
by the Commonwealth Attorney's Office.
Mr. Caldwell stressed the need to fill an attorney's position that has been
vacant for two years due to State budget cuts.
The City Manager clarified that the position referred to by the
Commonwealth's Attorney became unfunded two years ago when Council voted
to pass through to every organization and agency any State budget reductions, at
which time the Commonwealth's Attorney chose to keep the position vacant.
BrendaJ. Hamilton, Clerk of Circuit Court, advised that:
The Clerk of Circuit Court's operational budget in fiscal year
1999-2000 was $140,000.00 and has steadily decreased.
The Clerk is responsible for supplying personnel for the courts
of the Twenty Third Judicial Circuit.
Due to the work load of the Clerk's Office, she is requesting
funds for a position that has not been filed for over a year.
Judges of the Twenty-Third Judicial Circuit have expressed a
need for four court reporters, as opposed to the current
staffing level of two which requires moving Deputy Clerks from
other assignments for court duty.
1044
Revenue producing measures have been discussed with the
City Manager; i.e.: charging $.50 per copy which could
generate as much as $8,700.00 in a two month period if
properly collected through a card system for tracking
purposes.
The City Manager clarified that $25,000.00 was made available to the Clerk
of Circuit Court for the purchase of automatic indicators for copy billing
purposes, with the understanding that as soon as the system demonstrates that
the Clerk is collecting in the $8,000.00 range, the vacant position in the Clerk's
Office could be filled; however, it now appears that the Clerk is expressing a need
to fill the position in advance of receiving the automatic indicators for billing
purposes.
It was further clarified that approximately $30,000.00, which includes
fringe benefits, will be needed for the position.
The Mayor requested a comparison of Police Department staffing levels
versus Sheriff/Jail staffing levels of comparable size Virginia cities.
Following discussion, it was the consensus of Council to include funds in
the fiscal year 2004-2005 budget to fill the attorney position in the
Commonwealth Attorney's Office and the Deputy Clerk position in the Office of
Clerk of Circuit Court.
The Director of Finance reviewed the following changes in local revenues
and local revenue estimates, as follows:
Local Revenues
FY 2004-05 FY 2004-05
$ Change % Change
Total Local Revenues 55,369,5:34 3.27%
Real Estate Tax 5:3,543,531 &.4%
Personal Property Tax ~ 12t,8&7) (.S2%)
Prepared Food and Beverage Tax 5225,905
Business License Tax $268,290 2.4%
Sales Tax $1,042,000 5.8%
Transient Room $110,000 5.1%
Bank Stock (517,000) (I.67%)
All Other Local Revenues 5317,675 .78%
(Public Service Tax, Franchise Fees,
Fines, Charges for Services, etc.)
1045
Changes in Local Revenue Estimates
- Personal property tax
- Estimate reduced by $521,000 in light of reduction in
current year levy
· Public service corporation tax
- Estimate increased $321,000 as a result of higher
assessments in FY04
· Bank stocktax
- Estimate increased by $200,000 based upon.increase
in FY04 levy
· Charges for services- sanitation
- Revenue estimate for loose leaf collection removed, a
reduction of $166,000.
1046
Mr. Hall advised that:
The total recommended budget is now approximately $212
million, or $166,000.00 less than that which was originally
recommended.
The revenue increase is about $6.9 million, or down by
$166,000.00 than that which was originally recommended.
· The local revenue share is approximately $5.4 million.
Intergovernmental or State funding is about $1.6 million of the
total.
Personal Property Tax shows a reduction compared to the
current year budget of approximately $121,000.00.
When the estimate was previously presented, staff anticipated
approximately a two per cent growth for the coming year over
the current year; after reviewing the initial assessment
prepared by the Commissioner of Revenue, the current year is
down compared to prior years; information from the National
Automobile Dealers Association was reviewed and, in general,
there has been a sharper decline in the value of used cars over
the past one to two years than had previously occurred; the
sale of used cars is down slightly which can be attributed to
various financing arrangements on new cars and factory
rebates that have reduced the price of new cars.
More less expensive new cars now being purchased, therefore,
it was considered prudent to reduce the estimate for personal
property tax for the upcoming year.
The City Manager expressed concern with regard to the decline in the City's
population, vehicles with no decals or expired decals, action by the General
Assembly to place a cap on personal property which will have significant
implications for the City of Roanoke in the future if complete records are not
available and if the City does not adequately assess personal property.
There was discussion in regard to discretionary funding; whereupon, the
City Manager advised that any discretionary increases will likely occur on the
school side of the budget.
1047
Question was raised that if the General Assembly adopts a State budget in
the near future, would such action give the City a basis for making the City's
budget more realistic; whereupon, the City Manager advised that there will likely
be no major adjustments to the City's budget.
Question was raised that if additional money is appropriated by the State to
the school system, can local money be retrieved from the School budget for use
on the City's side of the budget; whereupon, the City Manager advised that for a
number of years an additional allocation above and beyond the formula that
currently exists, or a little over $205,000.00, has been specifically directed
toward the pre-school program; at the time that correspondence was forwarded
to the Schools indicating the local revenue that would be available to the schools,
it was stated that should the State fully fund the pre-school program, the City
would expect the $205,000.00 to remain on the City's side of the budget. In
reference to any additional money, the City Manager stated that it would be
necessary for the Council and the School Board to revisit the funding formula for
sharing local revenue growth.
Question was raised as to whether there is a precedent for an outside
review of a Constitutional Office; whereupon, the City Manager advised that the
most efficient way to address the matter would be through the review process by
the Municipal Auditor; however, the key is how to use the results of the audit.
She added that the Council and the City administration would need to be
prepared for certain recommendations that could require additional resources,
and possible creation of revenue generating positions that could require a mid
year or sooner adjustment to the budget, with the understanding that the
positions would be authorized with the intent of generating revenue in much the
same way that Council agreed to provide the Treasurer with a locally funded
position to advance the payment of delinquent taxes.
The Mayor spoke with regard to the decline in the City's population and
expressed concern when there are not offsetting activities on the
commercial/industrial side.
The City Manager advised that another concern relates to housing issues
because the City of Roanoke cannot continue to be the Iow income capitol of
southwest Virginia. She called attention to the demolition of derelict structures in
the City, and advised that for fiscal year 2003, Council set a goal of 40, however,
approximately 55 structures were demolished.
1048 -
There was discussion with regard to the City's proactive efforts to attract
technology-related businesses and the status of the City's efforts in regard to
attracting new businesses and retaining current businesses; whereupon, the City
Manager called attention to an increased interest in Warehouse Row, and, if
Warehouse Row is not a suitable location, Economic Development staff currently
work with companies to identify other locations, but the fact that the City of
Roanoke is investing in Warehouse Row is bringing attention and interest to that
part of the City. She advised that the City has made a small investment in two
technology recognition programs in an effort to emphasize to the broader region
that the City of Roanoke is open for business for technology activities; there is a
need to work on the housing piece to be restrictive in some ways and liberal in
others; plans are underway as soon as possible to bring to the Council the
proposal for development of the property on Colonial Avenue so that people will
see the need for other kinds of housing in the community. She called attention to
the need to work on the perception of Roanoke's School system which is the
biggest deterrent to Roanoke's becoming a successful community; and she has
been visited by prominent leaders in the business community who have
expressed concern and voiced a desire to be involved; it is her professional
observation that it is necessary to immediately establish and follow through on
higher expectations for conduct within Roanoke's schools, to set a community
standard during the summer months so that when school starts in September, it
will be a "new day;" and it will be necessary for the business community to
support City Council and the School Board. She stated that there is also a
concern in the business community as to whether or not construction/renovation
of the high schools should proceed until issues with the school system have been
resolved; the Chamber of Commerce is anxious to be a part of the process and
the Council and the City administration can do certain things to change the
situation, but change cannot be accomplished without the assistance of others in
the community.
There was discussion in regard to a proposal presented to the City Manager
by a group of citizens/business leaders who are in favor of having three high
schools in the City of Roanoke and delaying renovations to Patrick Henry High
School until a decision is made; whereupon, Vice-Mayor Harris advised that the
real question is: can the City of Roanoke have two safe high schools and if the
answer is yes, there is no need for three high schools; small schools,
philosophically, are better and more manageable, but the City has been planning
for the renovation/rebuilding of the two high schools; and the City is struggling
financially to prepare for William Fleming High School renovations, therefore, how
can the City financially plan for a third high school. He stated that he would not
want the City to expend millions of dollars as an emotional reaction to the current
1049
crisis, the proposal to have three high schools was reviewed during calmer times
and it was determined not to proceed in that direction. He added that at this
point, to place Patrick Henry High School renovations on hold is the wrong
message to send to the community and to the School Board.
Mr. Bestpitch advised that another option would be to begin planning to
invest and grow the Blue Ridge Technical Academy to the point where it becomes
the third high school over a period of time, which would attract students because
of the curricula and opportunities that could be available, and also help to keep
overall enrollment size down at the other two high schools.
Ms. Wyatt advised that some of the problems associated with behavior and
discipline in the schools could be addressed through a kind of partnering between
Social Service employees and School teachers. She stated that Social Service
workers have the means to interact with parents when issues need to be
addressed and through some type of creative thinking there could be a linkage
between Social Service staff, teachers and parents.
The City Manager advised that there also needs to be dialogue with the
judicial system to encourage enforcement the use of laws that are currently on the
books because police officers become frustrated when they go through the judicial
system and see the same people back on the streets.
(Vice-Mayor Harris left the meeting at 10:20 a.m.)
A joint report from the City Manager and the Director of Finance with regard
to a cost-of-living raise for City retirees for fiscal year 2005, was before Council.
It was advised that:
Retirees of the City of Roanoke Pension Plan (Plan) are
awarded cost-of-living adjustments on an ad hoc basis by
Council.
The Plan does not include a provision for an automatic COLA
due to the significant actuarial cost and related increase in the
contribution rate.
1050
COLA's are not pre-funded in the Plan, but rather the
increased cost is recognized when the increase has been
awarded.
Factors that are considered as part of the recommendation for
an annual adjustment are the change in the Consumer Price
Index, increased cost to the Plan, amount of raises provided
by similar Plans within the State, and the amount of increase
provided by Social Security.
Eligible members of the City of Roanoke Pension Plan received
a 1.4 per cent COLA on July 1, 2003, compared to a 2.25 per
cent raise given to active employees.
The 1.4 per cent COLA provided to retirees was the same
percentage as the COLA given by Social SecuritY, which is tied
to the Consumer Price Index.
City of Roanoke retirees have received the same per centage
COLA as given by Social Security for the past several years.
The recommended budget for fiscal year 2005 includes a
three per cent raise for active employees.
Social Security provided a 2.1 per cent increase for calendar
year 2004 and the same is being recommended for City
retirees.
An attachment to the report lists the percentage increases
either granted or to be recommended by nine other Plans
within the State, including the Virginia Retirement System.
1051
The recommended increase applies to those retirees who
.retired on or before July 1, 2003; approximately 1,457 of
1,530 retirees, or 95 per cent of those receiving benefits as of
March 31, 2004, will be eligible for the increase; the increase
will apply to a member's or surviving spouse's annual
retirement allowance, excluding any incentive payments made
under the Voluntary Retirement Incentive Program established
by Ordnance No. 30473-41591, adopted on April 15, 1991, or
to the retirement supplement paid according to Section 22.2-
61, Code of the City Code.
The contribution rate for fiscal year 2005 will increase from
7.59 per cent to 9.56 per cent of payroll; the additional cost to
the General Fund is approximately $1,040,000.00; all City
operating funds, along with the Roanoke Regional Airport
Commission, School Board, Roanoke Valley Resource
Authority, Roanoke Valley Detention Commission, Western
Virginia Water Authority, and the Commonwealth of Virginia
will assume their pro rata cost for funding the COLA.
The proposed 2.1 per cent increase to eligible members of the
Plan, effective July 1, 2004, will increase the average annual
retirement allowance by approximately $238.00, costing the
Plan an additional. $346,955.00 annually; the actuarial cost of
a 2.1 per cent COLA is estimated at $3.3 million to be funded
over the next 20 years through the annual payroll contribution
rate, which results in an increase of approximately
$220,000.00 in annual contributions to the Plan.
Consideration was given to a request by the President of the
Roanoke City Retirees Association, to provide a supplement
toward health insurance for employees 65 years of age and
older; the current supplement provides a monthly benefit to
those employees with 20 or more years of service to age 65
(Medicare eligibility date) in an amount equal to 75 per cent of
the amount the City of Roanoke contributes monthly towards
the cost of a single active employee's health insurance; the
supplement for the calendar year 2004 is $206.25; modifying
the supplement to a lifetime benefit for current and future
retirees would increase the fiscal year 2005 contribution rate
from 9.56 per cent to 12.68 per cent, requiring an additional
contribution of $2,125.00.
1052
The City Manager and the Director of Finance recommended a 2.1 per cent
COLA for eligible retirees, and advised that while consideration was given to
extending the supplement after Medicare eligibility age 65, due to the significant
cost, no change is recommended to the supplement at this time due.
The City Manager advised that after researching the matter, it was
discovered that it is a rare occasion when an employer provides health insurance
to retirees past the age of 65, since the Medicare supplement is provided at that
point.
Ms. Wyatt inquired about the possibility of allowing retirees to purchase a
prescription card through the City's health insurance carrier; whereupon, the City
Manager advised that the question could be raised with Anthem Blue Cross Blue
Shield when the City's policy is reviewed for renewal.
The Director of Finance advised that City retirees are fortunate in that the
City pays a higher percentage of salaries to its retirees than almost any Plan in
the Commonwealth of Virginia; the City's Plan pays approximately a 25 per cent
greater benefit than the Virginia Retirement System; several years ago, when
Council increased what is called the "multiplier" and enacted the "rule of 70/$0"
for employees, in essence, City employees may retire at an earlier age without any
reduction in earned benefits; however, insurance then becomes an issue.
Council Member Dowe left the meeting.
Mr. Bestpitch suggested that a response be formatted by staff to City
retirees reiterating past actions taken by the City for their benefit that
participants of other pension plans do not receive and pointing out the current
economic climate does not give the City the same latitude in addressing their
requests. With regard to the cost of presc?iption drugs, he suggested that
Council consider the adoption a resolution to be forwarded to the City's
Congressional delegation and to the President of the United States calling
attention to the problem on behalf of all retirees over the age of 65. He stated
that the situation cannot be resolved at the local level, but action is needed at the
national level to address what Medicare offers to the elderly today versus what
the historic expectation has been.
The City Manager referred to a communication providing additional
information as a result of comments made by citizens during the fiscal year
2004-2005 budget public hearing on Thursday, April 29, 2004.
1053
Fair Housing Board:
The Fair Housing Board has revised its request for funding to
out source the tracking of Fair Housing complaints; in a letter
dated April 30, 2004, Nancy Canova, Chair, Fair Housing
Board, indicates that not more than one-half hour of
additional staff time per month is required to facilitate the
collection of information on fair housing complaints; the
importance of collecting and tracking information on
complaints is understood, and the City can accommodate the
request.
West End Center:
Members of Council received copy of a letter (e-mail) from Kay
Hale, dated April 29, 2004; it appears that there is a
willingness to accept the revised recommendation of
$9,000.00; however, the issue of whether the funding request
is for the continuation of an existing program or a new
program remains an issue; staff has evaluated the issue
several times over the past few weeks; and staff continues to
be of the opinion that the application for funding represents
the continuation of a currently funded program, subject to the
three year, decreasing funding provision.
Over the past week, questions and concerns with respect to
implementation of the HUD funds policy have been raised;
there is some concern that larger organizations, which
currently receive funding for multiple programs, will recreate
and repackage programs to continue to receive funding; the
HUD Funds Policy is program specific, rather than agency
specific; an agency can have more than one program receiving
HUD funds; and each program may, or may not, be subject to
the three-year policy and at different states of exhausting
their eligibility for funding.
1054
With respect to whether an agency can discontinue one
program and start another, if the new program is essentially
the same as the old program, it cannot avoid the three-year
.limit; any funding application submitted has to be rated high
enough in terms of need, cost, prior performance of the
agency, and other criteria among the competing applications
to be recommended for a portion of the funds available in its
category.
As a point of reference, the West End Center has received
approximately $451,000.00 in CDBG funding over the past ten
years; over the past five years, the West End Center has
received $180,000.00 from the Human Services Committee for
its programs and a recommendation to provide $40,000.00 in
Human Services Committee funding for fiscal year 2004-2005
is pending.
Mr. Bestpitch advised that approximately four years, the City Manager
identified the fact that the City had a number of staff positions that were being
funded primarilY from CDBG monies and those employees were not being treated
fairly when compared to other City employees, therefore, the decision was made
to place those positions in the General Fund, with employees to receive the same
benefits as other City employees. He stated that approximately three years ago,
Council made a decision in regard to the way CDBG money is used overall, by
concentrating on identifying those areas where there are unmet needs. He
advised that if the City is no longer planning to use a major portion of CDBG
funds for ongoing annual operating support for these programs, it is then
necessary to look at how the City can provide the kind of unrestricted support
that many of the agencies can leverage with foundations, other organizations and
the community as a whole, in order to continue to provide services. He pointed
out that funding has not been decreased for cultural service organizations and it
does not make any difference as to whether their funds started out as CDBG
dollars or General Fund dollars, etc. He advised that the point was made by West
End Center representatives, which could be applicable to other agencies, that if
they help only a small number of children and families, their assistance keeps
those children /families from accessing Comprehensive Services Act dollars, but
conversely if the West End Center has to cut back on the number of youth it can
serve, or look at closing its doors, not a large number of youth will have to get
trouble and be referred to Family Assessment and Planning teams before
depleting Comprehensive Services Act money. He called attention to the
$185,000.00 invested by the City for a building that was purchased by the West
1055
End Center; however, no activity has taken place to date, and suggested that
there be dialogue between the City and representatives of the West End Center
regarding what the City can do to help the West End Center and what the City
needs from the West End Center in return for its $185,000.00 investment.
Mr. Fitzpatrick spoke to the feasibility of human service organizations
pooling resources and/or establishing an overall issue-oriented strategic plan.
The City Manager expressed concern with regard to the level of
Comprehensive Services Act expenditures that the City of Roanoke provides;
when reviewing Virginia First Cities Coalition data, Roanoke ranks fifth population
wise and approximately fifth in expenditures in all other categories, however, the
City of Roanoke ranks third in Comprehensive Services Act expenditures; i.e.: the
City of Roanoke has higher expenditures and greater numbers of children than
much larger cities in the First Cities group. She advised that City staff is
conducting an intensive review of Comprehensive Services Act expenditures; it
has been discovered that approximately 75 per cent of all City CSA expenditures
are spent on 25 per cent of the children and staff has begun a process that will
help to zero in on the issues, the types of children, which specific children are
causing certain expenditures, and what kinds of resources are needed both in a
treatment mode and in a prevention mode in the future. She further advised that
the Roanoke Redevelopment and Housing Authority has convened a group of
major human service agencies who will meet on a regular basis to share
information and the City's Director of Human Services has been invited to assume
a leadership role.
The City Manager stated that approximately three years ago, when Council
acted on the policy in regard to CDBG funds, City staff was asked to think about
the time when some of the agencies would have to be "weaned off" of CDISG
funds; and the budget of the Human Services Committee has grown over the last
four years by almost $100,000.00 in an effort to make more funds available.
With regard to the building purchased by the West End Center, the City
Manager advised that the matter was not initiated by City staff; as arts and
cultural organizations and some human service agencies have seen their funding
sources decrease, they have made budgetary adjustments, but the real issue is
how much should local government act as a kind of safety net. She stated that
City staff will make substantial recommendations to Council over the next year
relative to human services; and if the City can begin to develop certain programs
with the input of its youth, the City will be more into the prevention mode than it
has been in the past.
1056
In terms of transitioning from reliance on CDBG funds for ongoing
operating support to human services organizations, as opposed to "weaning" the
organizations from the funding pool, Mr. Bestpitch advised that the City has not
told the Art Museum, or other cultural organizations, that they will be "weaned
off" of City support; therefore, he requested a clarification of the overall picture;
i.e.: "if you take the CDBG money and the human service money together for the
last five years for operating support for those programs, where do we stand
relative to where we have been over the last few years." He requested a response
from the City Manager at the budget study session to be held on Monday, May 9,
2004. He offered his assistance to City staff in regard to their study of the
Comprehensive Services Act inasmuch as he has served on various FAP teams in
the past.
Following further discussion and in clarification, the City Manager advised
that unless otherwise directed by the Council, $9,000.00 will be included in the
2004-2005 fiscal year budget for the West End Center for Youth.
· Pay for Performance:
In response to the comments made on pay for performance,
the pay increase will be 3.0 per cent of base pay for
employees who receive a rating of 80 to 90; the amount
budgeted for the pay raise is generally based on the average
score from the previous year - 86; pay increases will be based
on broad bands instead of .10 per cent increments for each
one point change in the rating as was done last year; for
performance evaluations completed during fiscal year 2003,
five per cent of employees received a rating below 80 and 12
per cent of employees received a rating above 90; providing a
3.5 per cent pay raise across the board, as sugge'sted by a
speaker at the public hearing would cost an additional
$380,000.00.
The scoring system has been revised from a three-level
system to a five-level system as a result of concerns raised by
employees and supervisors that the three-level system did not
provide sufficient flexibility to evaluate employees; and this
revision has been favorably received by the Pay for
Performance Task Force.
1057
The City Manager advised that as a result of employee input, the Pay for
Performance Program has gone from a three level to a five level rating system.
She stated that the problem appears to be concentrated in a specific area of the
City's workforce as opposed to being wide spread; pay for performance
represents a significant change because both supervisors and employees are
being asked to be accountable; and as City Manager, she has stated that she is
expecting far more from supervisory staff this year in terms of how they perform,
and guidelines provide that the City Manager's Office does not review appraisals
unless the City Manager is a part of the specific review.
The City Manager made reference to the Mennell property to be acquired in
connection with the Riverside Center for Research and Technology, and advised
that a Letter of Credit will be issued for the 18 months between the down
payment on the purchase and the final installment. She advised that the City
plans to issue bonds in approximately 18 months to actually bring forward the
balance, or $5.4 million, needed to purchase the Mennell property; Carillon will
bring $2.5 million to the table by purchasing all property in Phase I; the Letter of
Credit will cost the City approximately $16,000.00 per year; Mr. Mennell
originally asked for an unconditional sales contract and agreement, but is now
insisting on additional security in the form of a Letter of Credit which guarantees
that if for some reason Council chose not to issue the bonds for $5.4 million, Mr.
Mennell would get his money through the Letter of Credit.
A suggestion was offered that the $16,000.00 be deducted from Mr.
Mennell's proceeds from sale of the property.
The City Manager advised that it is her personal preference to do nothing
with demolition of the buildings on the site until a land use plan is approved by
Council; Mr. Mennell has stated that it will take approximately three years to
vacate the property; and Council should have the opportunity to decide on
whether any or all of the buildings will be demolished.
Mr. Bestpitch encouraged support of activities in Elmwood Park, such as the
Easter Seals Concert series. He suggested that organizations such as Mill
Mountain Theater, The Roanoke Symphony Orchestra and Opera Roanoke be
encouraged to hold at least one outdoors fund raising event in Elmwood Park.
1058
There being no further business, at 12:05 p.m., the Mayor declared the
meeting in recess until Monday, May 9, 2004, at 8:30 a.m., for a joint meeting of
Council and the Roanoke City School Board.
The Council meeting reconvened in Fiscal Year 2004-2005 Budget Study on
Monday, May 9, 2004, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith
and Chairperson Gloria P. Manns presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
Alfred T. Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda
F. Wyatt and Mayor Ralph K. Smith ...................................... 7.
ABSENT: None .................................................. 0.
SCHOOL TRUSTEES PRESENT: Kathy G. Stockburger, David B. Trinkle,
Ruth C. Willson, William H. Lindsey, Alvin L. Nash, Gloria P. Manns, Chair ...... 6.
ABSENT: Robert J. Sparrow ........................................ 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 School Board: Dr. E. Wayne Harris,
Superintendent; and Cindy L. Lee, Clerk to the School Board.
OTHERS PRESENT: Timothy R. Spencer, Assistant City Attorney; Richard R.
Kelley, Assistant Superintendent; George C. Snead, Jr., Assistant City Manager for
Operations; Rolanda B. Russell, Assistant City Manager for Community
Development; and Drew A. Harmon, Municipal Auditor.
Dr. Harris reviewed the following with regard to the 2004-2005 School
Budget:
· Budget Priorities:
Maintain level of educational services to include the high
school seven period day.
Increase debt service for the Roanoke Academy of
Mathematics and Science and high school projects.
Raise the competitiveness of employee salaries and preserve
fringe benefits.
Increase staffing for nursing, guidance, technology, security
and instructional support.
Revenue Summary:
State Revenue =
Other Revenue =
City Revenue* =
Total Revenue Increase
*Based on April update
$4.62 million (8.6 per cent)
$425,000.00 (10.1 per cent)
$2.06 million (4.2 per cent)
=$7.1 million (6.5 per cent)
Maintenance of Services BudgetChanges:
State increase in VRS rate = $2.1 million
Seven period day + $950,000.00
Debt service costs for Roanoke Academy of Mathematics and
Science and high schools = $665,000.00
Discipline initiatives = $315,000.00
Net inflation, personnel lapse, contingencies = $230,000.00
(decrease)
Total increase = $3.8 million
Employee Salaries:
Teacher average salary raise of 3.0 per cent = $1.54 million
Administrator average raise of 3.0 per cent = $177,000.00
Classified average salary raise of 3.25 per cent = $420,000.00
Total Salary Raises = $2.14 million
1059
1060
Decision Package Recommendations:
Middle School Nurses - $84,000.00
Middle School Guidance - $54,000.00
Technology staff- $54,000.00
High School Security staff - $38,000.00
Coaches Scale increase- $58,000.00
Instructional Support staff- $125,000.00
Total Cost = $412,000.00
Unfunded Priorities:
Instruction Support staffing 3.0 full time employees =
$160,000.00
Middle School Nurses = $84,000.00
Middle School Guidance one full time employee -- $54,000.00
Technology staff one full time employee = $57,000.00
Full-Time Athletic Trainers = $62,000.00
Employee salary raise of 2.0 per cent = $1.42 million
Patrick Henry Debt Reserve - TBD
Total Cost = $1.84 million
Budget Summary:
Maintenance of Services = $3.8 million
Employee Salary Raises (3.0/3.25 per cent) = $2.14 million
Secretarial Reclassifications = $288,000.00
Decision Package Recommendations = $412,000.00
Total Cost = $6.63 million
Budget Update:
Additional City Revenue - $620,000.00
State revenue change - unknown
School Board will allocate additional City and State revenue to
unfunded priorities
1061
Dr. Harris advised that the School Board will be briefed at its meeting on
Tuesday, May 10, 2004, with regard to any additional State revenue to be
received by the Schools.
Question was raised by a Member of Council as to whether opportunities to
coordinate City and School programs have been reviewed; i.e.: an upgrade in the
salaries for secretarial staff to ensure that School support staff and City support
staff are comparatively compensated.
Dr. Harris responded that no study has been conducted since 1995-96;
however, it is known that responsibilities for clerical staff in the School system
have increased, while employees have received minimal salary increases.
The City Manager advised that a study could be made of those City and
School positions that have a level of comparability for bench marking purposes.
Ms. Stockburger advised that the School Safety Task Force will present its
report on May 21 and referred to the $315,000.00 recommended for discipline
initiatives in the School Board's 2005 budget. She further advised that certain
recommendations from the Task Force may warrant increasing the amount of
funds to be budgeted; i.e.: de-escalation training for teachers.
Dr. Harris was requested to speak to the benefits of a seven period day;
whereupon, he advised that the seventh period will give students an option to
take more courses and a wider variety of courses; and a zero period, in addition
to the seventh period, is under consideration, although the zero period will
probably not be offered during the first year of implementation of the seventh
period day.
In addition to a comparative salary study of City/School secretarial staff,
the Mayor suggested that the study include ways in which the City and the
Schools can share resources; i.e.: parks and recreation, purchasing, etc, to
achieve greater efficiencies.
Upon question by the Mayor, the City Manager advised that the matter
could be discussed at the joint meeting of Council and the School Board on
Tuesday, July 6, 2004.
1062
Mr. Fitzpatrick suggested that the study be prepared in such a way that it
can be shared with other governmental entities.
Superintendent Harris advised that this will be his last meeting with Council
and the School Board in a joint session; whereupon, he commended the present
Council and past City Council's for implementing a formula for sharing State
revenue. He stated that he has been proud to serve as Superintendent of Schools
for the City of Roanoke for the past 11 years and is proud of the many
accomplishments of the Roanoke City Public School System. He expressed
appreciation for the support of City Council and the School Board during his
tenure, which support has made the job less challenging and allowed the
Superintendent and School staff to go about the business of educating Roanoke's
children. He stated that education is important in the Roanoke community and
has been demonstrated by Council's funding of education which has become a
priority through the funding of school facilities; and schools are among the
greatest economic tools of the City, therefore, he encouraged Council and the
School Board to continue their support of education. He stated that the fact that
he has spent 11 years, or almost-one-third of his time in public education in the
City of Roanoke, represents two times longer than the average tenure of a
superintendent in a large city, two times longer than a superintendent in any city
on average, and four years longer than the average superintendent across the
country, therefore, longevity speaks for itself. He advised that data which
supports what has occurred in the City of Roanoke cannot be denied, with
accreditation acknowledgment at an all time high in Roanoke City Schools.
Because of all of the employees who have stood behind, beside and in front of the
School Board and the School Superintendent, he stated that Roanoke City is a
great place to live and to educate children.
Council Member Dowe entered the meeting.
Dr. Cutler referred to a communication from the Board of Directors, Valley
Bank, suggesting that the Roanoke Academy of Mathematics and Science be
named in honor of the late Lawrence H. Hamlar; whereupon, Chairperson Manns
advised that numerous recommendations for naming the facility have been
received and are under consideration by the School Board.
1063
Vice-Mayor Harris expressed appreciation to Superintendent Harris for his
service and leadership as Roanoke's Superintendent of Schools. He advised that
during his interview for the position of School Superintendent, Dr. Harris stated
that he had a passion for education and would set lofty goals for Roanoke City,
and Vice-Mayor Harris noted that Dr. Harris' passion for education can be seen in
the high test scores of Roanoke's students, changing the gap between minority
and majority students, completion of middle school renovation projects, teacher
salaries have been upgraded to the national level, and the City is now on the eve
of commencing Patrick Henry High School renovations. Vice-Mayor Harris
expressed his personal appreciation for the quality of Roanoke's School System
under the leadership of Dr. Harris, and wished him well in his future endeavors
after June 30, 2004.
Vice-Mayor Harris also expressed appreciation to Ruth Willson for her six
years of conscientious service as a member of the Roanoke City School Board.
Mr. Fitzpatick expressed appreciation to Dr. Harris for his service to the
City of Roanoke. He advised that Dr. Harris has faced challenges, and the most
difficult challenge that any individual could assume is to serve as a
superintendent of an urban school system. He stated that it is hoped that the
community will come to realize the progress that has been made under Dr. Harris'
leadership; he is a man of integrity and the issues that have been raised have not
been about his trust and faith in the Roanoke community. -
There being no further business to be transacted with the School Board, the
Mayor declared the meeting in recess at 9:25 a.m.
The Council meeting reconvened at 9:30 a.m., in the same location, with
Mayor Smith presiding and all members of the Council and City staff in
attendance.
As previously requested by the Mayor, the City Manager presented the
following information on Fiscal Year 2003-2004 staffing and adopted budget
data for the Sheriff/Jail and Police Departments for Roanoke, Alexandria, Danville,
Hampton, Lynchburg, Newport News, Norfolk, Richmond and Suffolk, as follows:
1064 -
1065
Ms. Wyatt inquired as to why the Sheriff was not invited to attend the
meeting to address questions, nor was he present for the discussion that
occurred on Friday, May 7, 2004, with the Commonwealth's Attorney and the
Clerk of Circuit Court. The City Manager responded that she was instructed by a
Member of Council to invite the Commonwealth's Attorney and the Clerk of
Circuit Court to Friday's budget study session, but she was provided with no
background other than to provide data.
In a discussion, other members of Council stated that the data was
provided solely for information purposes and no action was proposed to be taken
by the Council.
The Mayor advised that the numbers speak for themselves, however
clarification is needed; i.e.: what are the revenue sources for the various budgets,
is there a disparity in duties of the Police Department and the Sheriff's
Department, what is being done in the private sector, and where does the City
need to work harder and smarter, etc.
Pursuant to the request of Council Member Bestpitch, the City Manager
presented a five year history of Community Development Block Grant funding and
Human Services Committee funding, as follows:
1066
1067
Human Services Funding
1068
Mr. Bestpitch reiterated his previous remarks regarding the decrease in
CDBG funding for Human Service agencies and encouraged the City to look at
whether it is continuing to do its fair share as a part of the overall picture.
Sherman M. Stovall, Acting Director, Office of Management and Budget,
advised that this year, the budget of the Human Services Committee was not
grown at a level equal to the growth of the budget, and the figure was based on
the growth in the City's discretionary revenues.
The City Manager advised that the necessary budget adjustments will be
provided to Council on Tuesday, May 11, 2004, incorporating the request of the
Commonwealth's Attorney and the Clerk of Circuit Court to fill a position in each
office as presented to the Council in budget study on Friday, May 7, 2004, in the
amount of approximately $80,000.00. She inquired if there were other
adjustments to the fiscal year 2004-2005 budget by Council. Hearing no further
suggestions, the City Manager advised that the appropriate measures to enact the
Fiscal Year 2004-2005 Budget of the City of Roanoke will be presented to the
Council at a Special Meeting to be held on Thursday, May 13, 2004 at 2:00 p.m.,
in the City Council Chamber.
There being no further business, the Mayor declared the meeting adjourned
at 9:55 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
1069
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 13, 2004
2:00 p.m.
The Council of the City of Roanoke met in special session on Thursday,
May 13, 2004, at 2:00 p.m., in the 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 Resolution No. 36673-041904
adopted by the Council on Monday, April 19, 2004.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt (arrived late),
and Mayor Ralph K. Smith ........................................... 7.
ABSENT: None ................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy 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 Mayor Smith.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET: A certificate from the Director of Finance certifying that funds
required for the 2004-2005 General Fund, Civic Facilities Fund, Parking Fund,
Market Building Operations Fund, Department of Technology Fund, Fleet
Management Fund, Risk Management Fund, School Fund, School Food Services
Fund, and Grant Fund budgets will be available for appropriation, was before
Council.
Without objection by Council, the Mayor advised that the Certificate would
be received and filed.
1070
CITY CODE-BUDGET-TAXES: The City Manager submitted a communication
advising that in reviewing the current assessment of administrative costs
associated with collection fees, the Department of Billings and Collections
identified the need to update the City Code to reflect changes to the Code of
Virginia (1950) as amended, regarding payment of administrative costs that
became effective on July 1, 2003.
It was further advised that Section 2-178.4-Assessment of Administrative
Costs, allows the City to charge delinquent taxpayers an administrative collection
fee in addition to all taxes, penalties, and interest the taxpayer may owe, as
follows:
(a)
$30.00 for collection action that includes filing of a warrant or
legal document (such as a lien or wage assignment, which means
that the fee is applied only to the issuance of liens, distress
warrants, and wage assignments and not for regular collection
letters or efforts).
(b)
$35.00 if the total amount due is collected subsequent to a
judgment.
(c)
$150.00 or 25 per cent of the collection cost, whichever is less, if
the collection activity is for a nuisance abatement fee; however, in
no event shall the fee be less than $25.00.
It was explained that Section 58.1-3958 of the State Code authorizes
imposition of administrative costs and provides that administrative costs shall be
in addition to all penalties and interest and shall not exceed:
(a)
$30.00 for taxes or other charges collected subsequent to 30 or
more days after notice of delinquent taxes or charges, which
means that the fee can be applied 30 days after an initial notice
of delinquency.
(b)
$35.00 for taxes or other charges collected subsequent to
judgment.
(c)
$150.00 or 25 per cent of the cost, if the collection activity is to
collect on a nuisance abatement lien; however, in no event shall
the fee be less than $25.00.
1071
It was noted that the change to the State Code provides that the fee can be
applied to taxes and other charges 30 days after the initial notice of delinquency,
rather than waiting for issuance of a legal document such as a lien or distress
warrant.
The City Manager recommended that the City Code be updated to reflect
changes made to the State Code, effective July 1, 2003, regarding payment of
administrative costs.
Mr. Cutler offered the following ordinance:
(#36685-051304) AN ORDINANCE amending §2-178.4, Assessment of
administrative costs, of Article VIII, Finance Generally, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, by
allowing an administrative charge to be imposed for the collection of taxes or
other charges thirty days after notice of delinquency concerning such taxes or
other charges; providing for an effective date; and dispensing with the second
reading of this ordinance by title.
(For full text or Ordinance, see Ordinance Book 68, Page 444.)
Mr. Cutler moved the adoption of Ordinance No. 36685-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
SEWERS AND STORM DRAINS-BUDGET-EMERGENCY SERVICES-FEE
COMPENDIUM-LAW LIBRARY: The City Manager submitted a communication
advising that in developing the budget for fiscal year 2004-2005, departments
were asked to look at their fee structures and, where feasible, propose fee
schedule changes that focus on recovering the cost of providing services; the
recommended fiscal year 2004-2005 budget incorporates proposed fee structure
changes for emergency medical services, cross connection inspections, and Law
Library fees; and proposed changes are reflected in budget ordinances which
have been presented to Council for adoption for fiscal year 2004-2005, effective
July 1, 2004.
1072
Emerqency Medical Services Fee:
Currently the Fire/EMS department provides stand-by services for concerts,
sporting events, and other special events; Fire-EMS has been recovering a
portion of the cost for providing these supportive services; the proposed
Advanced Life Support Emergency Medical Services Technician fee is
$20.00/hour; the proposed Advanced Life Support Unit fee is $35.00/hour; in
addition, the College of Health Sciences will assign a student to establish
Fire/EMS paramedics for the purpose of training through the EMS Externship
program; a fee of $35.00 per student for each 12 hours covers a portion of the
cost associated with training activities, and the fees need to be incorporated into
the Fee Compendium.
Cross Connection Fee
The recently adopted Virginia Uniform Statewide Building Code (USBC)
Section 131.O. IPMC Subsections 505.5,505.5.1, and 505.5.2 requires an annual
inspection of back-flow preventers; back-flow preventers are plumbing related
fixtures which ensure that various types of plumbing systems do not send water
back into the public water supply system and reduce potential contamination;
currently, only devices associated with new construction are initially inspected;
the City will require that testable back-flow preventers as required by USBC
installed for commercial/industrial use are inspected on an annual basis to
ensure continued function; residential sprinkler meters, which are aconcern due
to the possibility of backfeeding chemicals from lawns and pesticides into the
water system, will also be required to be inspected; a certification fee of $35.00
will be assessed on each back-flow preventer inspected to certify continued
function; with the adoption of a fee, annual inspections to be conducted by third
party inspectors will be conducted on all existing devices; and the program will
be carried out in a similar manner as the elevator inspection program.
Law Library Account Fee
The Library currently makes available accounts for black and white copies made
by attorneys who are members of the Roanoke Bar Association; an annual
maintenance fee of $10.OO is charged per fiscal year; the annual fee is imposed
for use of the photocopier, computer printer, fax or other services, and the fee
needs to be incorporated into the Fee Compendium.
1073
The City Manager recommended that Council adopt the appropriate
measures and amend the City's Fee Compendium to reflect changes in
emergency medical services fees, cross connection fee and law library account
fees, effective July 1, 2004.
Mr. Harris offered the following resolution:
(#36686-051304) A RESOLUTION amending the City's Fee Compendium by
establishing certain fees for Emergency Medical Standby Services; and
establishing an effective date.
(For full text of Resolution, see Resolution Book No. 68, Page 446.)
Mr. Harris moved the adoption of Resolution No. 36686-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
Mr. Dowe offered the following resolution:
(#36687-051304) A RESOLUTION amending the City's Fee Compendium to
establish a fee for certification of certain backflow preventers, and providing for
an effective date.
(For full text of Resolution, see Resolution'Book No. 68, Page 447.)
Mr. Dowe moved the adoption of Resolution No. 36687-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................. .................................. 7.
NAYS: None .................................................... 0.
1074
Mr. Dowe offered the following resolution:
(#36688-051304) A RESOLUTION amending the City's Fee Compendium to
establish a maintenance fee against each holder of a photocopier/services
account for use of the photocopier and related services located in the Roanoke
Law Library.
(For full text of Resolution, see Resolution Book No. 68, Page 448.)
Mr. Dowe moved the adoption of Resolution No. 36688-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
CITY CODE-SEWERS AND STORM DRAINS-FEE COMPENDIUM-WATER
RESOURCES: The City Manager submitted acommunication advising that asewer
rate increase for City residents of 15 per cent, effective July 1, 2004, was
approved by Council pursuant to Ordinance No. 36309-051203, adopted on
May 12, 2003; creation of the Western Virginia Water Authority, however,
presents an opportunity to restructure costs and debt service needs; and by
combining operations with Roanoke County, the planned rate increase can be
deferred over a six year period, allowing the July 1, 2004 sewer rate increase to
be rescinded.
The City Manager recommended that Council amend Ordinance No.
36309-051203, in order to rescind the sewer rate increase scheduled to go into
effect on July 1, 2004, and amend the Fee Compendium accordingly.
Mr. Cutler offered the following ordinance:
(#36689-051304) AN ORDINANCE amending Ordinance No.
36309-051203, adopted May 12, 2003, in order to rescind a scheduled rate
increase for certain sewage treatment charges; amending the Fee Compendium;
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 449.)
1075
Mr. Cutler moved the adoption of Ordinance No. 36689-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members 8estpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted
a communication advising that the Capital Improvement Program (CIP) for Fiscal
Years 2005-2009 is a plan recommended for approval by Council for capital
expenditures to be incurred over the next five years, in order to address priority
long-term capital needs of the City of Roanoke; and the CIP reflects the current
status of projects which have previously been approved and funded by Council,
and is a revision to the Fiscal Years 2004-2008 Capital Improvement Program
approved by Council on May 12, 2003.
It was further advised that on April 19, 2004, Council received the
proposed Capital Improvement Program for Fiscal Years 200S-2009 as part of
the Recommended Resource Allocation Plan, which includes the Capital
Improvement Program Summary of projects; and the Capital Improvement
Program for Fiscal Years 2005-2009 is comprised of capital projects with an
estimated cost of project completion totaling $276,138,289.00.
It was explained that additional funding of $8,775,000.00 is required for
renovation/construction of Patrick Henry High School and $4,775,000.00 is
needed for the William Fleming High School renovation/construction project, as
discussed in meetings of the Budget and Planning Committee and during the
Financial Planning Work Session; and bonds will be issued during fiscal year
2004-2005 for the following projects:
· Police Building Phase II
· Fire-EMS Facilities
· Riverside Center for Research & Technology
· Lincoln Terrace Elementary School
· Patrick Henry High School
· Downtown West Parking Garage
· Civic Facilities Expansion and Renovation
$ 6,670,000.00
$ 4,431,000.00
$ 5,500,000.00
$ 1,300,000.00
$ 39,275,000.00
$ 2,000,000.00
$ 14,300,000.00
1076
The City Manager recommended that Council take the following actions to
continue implementation of the CIP: adopt a resolution endorsing the update to
the CIP; authorize a public hearing to be held on Monday, June 21, 2004, for
issuance of general obligation bonds for Police Building Phase II ($6,670,000.00),
Fire-EMS Facilities ($4,431,000.00), Patrick Henry High School ($1,275,000.00),
and Downtown West Parking Garage ($2,000,000.00).
It was advised that Council previously authorized issuance of bonds for the
Civic Center Expansion/Renovation project, the Riverside Center for Research and
Technology, $45.5 million of the Patrick Henry High School
Renovation/Construction project, and the Lincoln Terrace Elementary School
improvement project.
The City Manager further recommended that Council appropriate
$3,351,434.00 included in the fiscal year 2004-2005 Transfers to Capital
Projects Account No. 001-250-9310-9508 to respective capital project accounts
established by the Director of Finance for the following projects:
$150,000 to Capital Project Account No. 008-052-9549 for
Bridge Maintenance,
$436,860.00 to Capital Project Account No. 008-530-9678 for
Fire/EMS Facility Improvements Program,
$199,274.00 to Capital Project Account No. 008-530-9736 for
NPDES Phase II - Stormwater Management,
$310,000.00 to Capital Project Account No. 008-530-9803 for
Transportation Projects,
$900,000.00 to Capital Project Account No. 008-530-9821 for
Municipal North Renovation,
$1,000,000.00 to Capital Project Account No. 008-530-9776 for
Public Works Service Center,
$290,000.00 to Capital Project Account No. 008-620-9803 for
Multipurpose Recreation Center,
$54,000.00 to Capital Project Account No. 008-640-9903. for
Police Academy Building, and
$11,210.00 to Capital Project Account No. 008-310-9794 for
Boxley Materials Company Performance Agreement.
1077
Mr. Fitzpatrick offered the following resolution:
(#36690-051304) A RESOLUTION endorsing the update to the Capital
Improvement Program submitted by the City Manager by letter of May 13, 2004.
(For full text of Resolution, see Resolution Book No. 68, Page 451.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36690-051304. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
Mr. Dowe offered the following ordinance:
(#36691-051304) AN ORDINANCE to appropriate funding from the General
Fund for various capital improvement projects, amending and reordaining certain
sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 452.)
Mr. Dowe moved the adoption of Ordinance No. 36691-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................. 7.
NAYS: None .................................................. 0.
BUDGET: Mr. Fitzpatrick offered the following ordinance:
(#36692-051304) AN ORDINANCE adopting the annual General, Civic
Facilities, Parking, Market Building Operations, Department of Technology, Fleet
Management, Risk Management, School, School Food Services and Grant Funds
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2004,
and ending June 30, 2005; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 454.)
1078
Mr. Fitzpatrick moved the adoption of Ordinance No. 36692-051304. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... O.
POLICE DEPARTMENT-PAY PLAN-BUDGET-FIRE DEPARTMENT-
COMMITTEES-CITY SHERIFF-PENSIONS-CITY EMPLOYEES: Mr. Dowe offered the
following ordinance:
(#36693-051304) AN ORDINANCE to adopt and establish a Pay Plan for
officers and employees of the City, effective July 1, 2004; providing for certain
salary adjustments and merit increases; authorizing annual salary increments for
certain officers and employees for use of private motor vehicles; authorizing
annual salary increments for sworn police officers assigned to the Criminal
Investigation Division; authorizing annual salary increments for certain members
of the Fire-Emergency Medical Services Department who are certified as
Emergency Medical Technicians; authorizing annual salary increments for certain
members of the Fire-Emergency Medical Services Department who are members
of the Regional Hazardous Materials Response Team; providing for continuation
of a police career enhancement program; providing for continuation of a
Firefighter/Emergency Medical Technician merit pay program; providing for a
Community Oriented Policing Effort program; providing for payment of a monthly
stipend to certain board and commission members; providing for an increase in
base annual salary for any employee of the Sheriff who meets the qualifications
for and has been appointed Master Deputy Sheriff; repealing Ordinance No.
36312-051203, adopted May 12, 2003, as amended by Ordinance No. 36478-
091503, adopted on September 15, 2003, except for Paragraph 16, thereof,
relative to the annual salaries of the Mayor, Vice-Mayor and Council members to
the extent of any inconsistency; effective July 1, 2004.
(For full text of Ordinance, see Ordinance Book No. 68, Page 466.)
Mr. Dowe moved the adoption of Ordinance No. 36693-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
1079
BUDGET-PENSIONS: The City Manager and the Director of Finance
submitted a joint written report advising that retirees of the City of Roanoke
Pension Plan (the Plan) are awarded cost-of-living adjustments (COLA) on an ad
hoc basis by Council, the Plan does not include a provision for an automatic
COLA due to the significant actuarial cost and related increase in contribution
rates, thus, COLA's are not pre-funded in the Plan, but rather the increased cost
is recognized when the increase has been awarded, and factors that are
considered as part of the recommendation for an annual adjustment are the
change in the Consumer Price Index, the increased cost to the Plan, the amount
of raises provided by similar plans within the state, and the amount of increase
provided by Social Security.
It was further advised that eligible members of the City of Roanoke Pension
Plan received a 1.4 per cent COLA on July 1, 2003, compared to a 2.25 per cent
raise given to active employees; the 1.4 per cent COLA provided to retirees was
the same percentage as the COLA given by Social Security, which is tied to the
Consumer Price index; City of Roanoke retirees have received the same
percentage COLA as given by Social Security for the past several years; the
Recommended Budget for fiscal year 2005 includes a 3 per cent raise for active
employees; Social Security provided a 2.1 per cent increase for calendar year
2004 and the same is being recommended for the City's retirees; the
recommended increase applies to those retirees who retired on or before
July 1, 2003; approximately 1,457 of 1,530 retirees, or 95 per cent of those
receiving benefits as of March 31, 2004, will be eligible for the increase; and the
increase will apply to a member's or surviving spouse's annual retirement
allowance, excluding any incentive-payments made under the Voluntary
Retirement Incentive Program established by Ordinance No. 30473-41591
adopted on April 15, 1991, or to the retirement supplement paid according to
Section 22.2-61 of the City Code.
It was explained that the contribution rate for fiscal year 2005 will increase
from 7.59 per cent to 9.56 per cent of payroll; additional cost to the General
Fund is approximately $1,040,000.00; all City operating funds, along with the
Roanoke Regional Airport Commission, School Board, Roanoke Valley Resource
Authority, Roanoke Valley Detention Commission, Western Virginia Water
Authority, and the Commonwealth of Virginia will assume their pro rata cost for
funding the COLA; the proposed 2.1 per cent increase to eligible members of the
Plan, effective July 1, 2004, will increase the average annual retirement allowance
1080
by approximately $238.00, costing the Plan an additional $346,955.00 annually;
and the actuarial cost of a 2.1 per cent COLA is estimated at $3.3 million to be
funded over the next 20 years through the annual payroll contribution rate,
which results in an increase of approximately $220,000.00 in annual
contributions to the Plan.
It was noted that consideration was also given to a request by the President
of the Roanoke City Retirees Association to provide a supplement toward health
insurance for employees 65 years of age and older; the current supplement
provides a monthly benefit to those employees with 20 or more years of service
to age 65 (Medicare eligibility date) in an amount equal to 75 per cent of the
amount the City of Roanoke contributes monthly toward the cost of a single
active employee's health insurance; the supplement for calendar year 2004 is
$206.25; and modifying the supplement to a lifetime benefit for current and
future retirees would increase the fiscal year 2005 contribution rate from 9.56
per cent to 12.68 per cent, requiring an additional contribution of
$2,125,000.00.
The City Manager and the Director of Finance recommended that Council
adopt an ordinance granting a 2.1 per cent COLA for eligible retirees, and
advised that while consideration was given to extending the supplement after
Medicare eligibility age 65, due to the significant cost, no change is
recommended to the supplement at this time.
Mr. Dowe offered the following ordinance:
(#36694-051304) AN ORDINANCE providing for certain supplemental
benefits under the City of Roanoke Pension Plan to certain members of such Plan
and certain of their surviving spouses; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 472.)
Mr. Dowe moved the adoption of Ordinance No. 36694-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
1081
SISTER CITIES: Dr. Robert F. Roth, President, Roanoke Sister Cities, Inc.,
introduced guests from Roanoke's Sister City of Wonju, Korea.
BUDGET-HOUSING/AUTHORITY: The City Manager submitted a
communication advising that in order to receive Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter
Grant (ESG) funding, the U. S. Department of Housing and Urban Development
(HUD) requires that entitlement localities such as the City of Roanoke submit a
five year Consolidated Plan and Annual Updates.
It was further advised that in a letter dated March 24, 2004, Council
received an update on the tentative HUD funding recommendations for fiscal year
2004-2005; the proposed 2004-2005 Annual Update was provided to Council at
a meeting on Monday April 19, 2004, as part of the Recommended Resource
Allocation Plan; the draft Annual Update was made available for public review and
comment for a 30-day period beginning April 8 and ending May 7, 2004;
opportunities for citizen input were provided at three public hearings which were
held on November 6, 2003, April 1, 2004, and April 29, 2004; in addition,
information regarding availability of the plan for public review was sent to each
member of the Roanoke Neighborhood Advocates; a summary of the plan and
related information was also posted on the City's website, including details to
assist the public in submitting comments and the deadline for receipt of
comments; and to ensure that the City's HUD fiscal year begins on July 1, 2004,
HUD must receive the Annual Update by May 17, 2004.
It was advised that fiscal year funding for fiscal year 2004-2005 will be
available from the following sources:
New 2004-2005 HUD Entitlements
Estimated 2004-2005 Program Income
Estimated Prior Year Excess Program Income
Estimated Prior Year Carry-over
Total HUD Funds
$3,096,030.00
515,051.00
133,218.00
20,000.00
$3,764,299.00
It was further advised that it is estimated that the $3.8 million in HUD
funds indicated above will leverage or otherwise be combined with as much as an
additional $9.2 million in other public and private funding, thus, the total
estimated investment in activities included in the Annual Update is approximately
$13.0 million.
1082
The City Manager recommended that Council approve the 2004-2005
Annual Update, and authorize the City Manager, or her designee, to submit the
Annual Update to HUD for final review and approval, including execution of all
necessary documents pertaining thereto, such documents to be approved as to
form by the City Attorney.
Mr. Cutler offered the following resolution:
(#36695-051304) A RESOLUTION authorizing the City Manager to submit
an approved Annual Update to the Consolidated Plan for FY 2004-2005 to the
United States Department of Housing and Urban Development (HUD) for final
review and approval, and authorizing execution of the appropriate documents for
the acceptance of such funding.
(For full text of Resolution, see Resolution Book No, 68, Page 474.)
Mr. Cutler moved the adoption of Resolution No. 36695-051304. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None .................................................... 0.
SCHOOLS-OATHS OF OFFICE: The Mayor advised that on June 30, 2004,
there will be two vacancies on the Roanoke City School Board, and Courtney A.
Penn, Alvin L. Nash, and Linda F. Wright were interviewed for the two vacancies
on Thursday, April 29, 2004. The Mayor announced that Council Members could
cast their votes for up to two applicants for the vacancies; whereupon, he
instructed the City Clerk to call the roll.
FOR MR. NASH: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt and Mayor Smith ......................................... 7.
FOR MR. PENN: Council Members Bestpitch, Cutler and Dowe .......... 3.
(Council Member Wyatt abstained from voting.)
FOR MS. WRIGHT: Council Members Fitzpatrick, Harris and Mayor Smith--3.
(Council Member Wyatt abstained from voting.)
1083
Having received a unanimous vote of the Council, the Mayor declared
Alvin L. Nash to be a member of the Roanoke City School Board, for a term
commencing July 1, 2004 and ending June 30, 2007.
In a second round of voting, the Mayor stated that Council Members would
cast their vote for one of the two remaining candidates; i.e.: CourtneyA. Penn or
Linda F. Wright; whereupon, the following vote was recorded:
FOR MR. PENN: Council Members Bestpitch, Cutler and Dowe .......... 3.
(Council Member Wyatt abstained from voting.)
FOR MS. WRIGHT: Council Members Fitzpatrick, Harris and Mayor Smith--3.
(Council Member Wyatt abstained from voting.)
(A tie vote was recorded.)
Mr. Bestpitchmoved that Council convene in Closed Session to discussa
vacancy on the Roanoke City School Board, pursuant to Section 2.2-3711(A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris
and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .................................................... 7.
NAYS: None ................................................... 0.
The Mayor declared the meeting in recess at 2:25 p.m.
The Council meeting reconvened at 2:45 p.m., in the City Council
Chamber, with all members of the Council in attendance, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempt from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion bywhich any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Bestpitch and adopted by the
;ollowing vote:
1084
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith ................................................... 7.
NAYS: None .................................................... 0.
SCHOOLS-OATHS OF OFFICE: The Mayor announced that Council Members
would cast their vote for one of the remaining candidates for a vacancy on the
Roanoke City School Board, i.e.: CourtneyA. Penn or Linda F. Wright; whereupon,
the following vote was recorded:
FOR MR. PENN: Council Members Bestpitch, Cutler, Dowe and Fitzpatrick-4.
FOR MS. WRIGHT: Vice-Mayor Harris and Mayor Smith ................ 2.
(Council Member Wyatt abstained from voting.)
Having received four affirmative votes, the Mayor declared Courtney A.
Penn as a member of the Roanoke City School Board, for a term commencing
July 1, 2004 and ending June 30, 2007.
There being no further business, the Mayor declared the special meeting
adjourned at 2:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
1085
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
May 20, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
May 20, 2004, at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia,
with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular
Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to
Resolution No. 36639-030104 adopted by Council on Monday, March 1, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr.,
C. Nelson Harris, Beverly T. Fitzpatrick, Jr., Linda F. Wyatt, William D. Bestpitch,
and Mayor Ralph K. Smith ............................................ 7.
ABSENT: None ................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by The Reverend George E. Stevenson,
Pastor, East Gate Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the
week of May 16 - 22, 2004, as Business Appreciation Week.
PROCLAMATIONS-EMERGENCY MEDICAL SERVICES: The Mayor presented
a proclamation declaring the week of May 16 - 22, 2004, as Emergency Medical
Services Week.
1086
PROCLAMATIONS-PUBLIC WORKS: The Mayor presented a proclamation
declaring the week of May 16 - 22, 2004, as National Public Works Week.
PROCLAMATIONS-YOUTH: The Mayor presented a proclamation declaring
May 20, 2004, as Sara-Elizabeth Virginia Hurt Day.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to four requests for
Closed Session.
MINUTES: Minutes of the special meeting of Council held on Tuesday,
November 25, 2003; and the regular meeting of Council held on Monday,
April 15, 2004, were before the body.
Mr. Dowe moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. O.
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 performance of three 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. Harris
and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None ................................................ --0.
1087
COMMI'I-I-EES-SPECIAL SERVICE DISTRICT: A communication from the City
Manager with regard to scheduling a public hearing on expansion of the
Downtown Service District (DSD) boundaries, was before Council.
The City Manager advised that the Downtown Service District was first
established by Council on December 8, 1986, effective July 1, 1987; Council
approved expansion of the DSD to include boundaries that represent the DSD
as it stands today; and the City Administration has received a request from
Downtown Roanoke, Inc., (DRI) for consideration of further expansion of district
boundaries.
It was explained that during 2003, DRI conducted a review of potential
areas for further expansion of the Special Services District; the process included
evaluation of land uses and functions of the areas, review of services and
benefits that would be provided by the Special Services District to the areas,
and meeting with property owners and business interests located within the
areas; the area identified for expansion is located to the west of the current
district, and is bounded by 5th Street on the east, 7th Street on the west,
Marshall Avenue on the south, and the rear property lines of properties fronting
on the north side of Campbell Avenue on the north.
The City Manager recommended that Council authorize the scheduling of
a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider expansion of the Downtown Service
District, as requested by Downtown Roanoke, Inc.
Mr. Dowe moved that Council concur in the request of the City Manager
as above described. The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. 0.
ROANOKE CIVIC CENTER-TELEPHONE EQUIPMENT-CITY PROPERTY: A
communication from G. Michael Pace, Jr., Attorney, representing SunCom,
advising that at its meeting on Tuesday, May 11, 2004, the Board of Zoning
Appeals unanimously approved the granting of a special exception to allow
SunCom to construct and operate a 110-foot flagpole communication facility
and related equipment on a portion of the Roanoke Civic Center property, was
before Council.
1088
He requested that Council schedule the matter for public hearing on
Monday, June 7, 2004~ at the Council's 2:00 p.m. session.
Mr. Dowe moved that Council concur in the request as above described.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor smith .......................................... 7.
NAYS: None .................................................. O.
(Mr. Pace later requested that the public hearing be held on Monday, July 19,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard by the
Council.)
ELECTIONS-CITY COUNCIL: A communication from Carl T. Tinsley, Sr.,
Secretary, Roanoke City Electoral Board, transmitting, pursuant to Section 24.2-
675, Code of Virginia, 1950, as amended, the following certified copy of the
Abstracts of Votes cast in the General Election in the City of Roanoke for the
Office of Mayor and City Council, held on Tuesday, May 4, 2004, was before the
body.
(PARTIAL BLANK PAGE)
1089
ABSTRA CT OF VOTES
cast in the City of ROANOKE
et the May 4, 2004 General Election, for:
, Virginia,
MAYOR
Alice P, Hincker
C, Nelson Harris
Delvis O. "Mac" McCadden
.... · ............. 4.033
4,982
4,244
George A. Sgouros
111
Total Write-In Votes
[Valid WrEe4n~ + Invalid Wrlta4ns; Total Write-in Vota~ ] .......... 0
We, the undersigned Electoral Board, upon examination of the o~Tlc, ial ra~o~s deposked wi~h the Clerk o~ the Ckcuit
C, Nelson Harris
Given under our hands this
6th
day of May, 2004.
~ /~ , Chairmen1
1090
ABST}~4 CT OF VOTES
cast in the City of ROANOKE , Virginia,
at the May 4, 2004 General Eiactlon, for:
MEMBER
CITY COUNCIL
AT LARGE
Wendy J. Jones
Heverly T. Fitzpatrick, Jr.
................. 6t071
7,486
Sherman P. Lea
Brian J. Wishneff
William H. "Bill" Carder
6,623
4,296
E. Duane Howard
Angela Mays Norman
................. 1~17
2,849
Total Wrtte4n Votes
[Valid Wrlte4rm + Invalid Wr#e-lrm = Total Write-in Votes ] .......... 2 .
We, the undersigned Electoral Board, upon examl~aUon of the official fecofffs deposited with h'm ~ of the Circuit
Given under our hands th~s 5th day of May, 2004.
· Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
1091
WRITE-INS CERTIFICATION
ROANOKE
CITY COUNCIL
AT LARGE
General O Special' Election
May 4, 2004
Page 1 of 1
WRITE-INS - SUMMARY
1, Invalid W~e-lns .................................... 0
2
2. Valid Write-Ins ...................................... enS~TOT~v~[~
2
3. Total Write-Ins ........................
IENTER TH~ FIGURE ON UNIE FOR TOTJ~. WRITE ..1~ VOTES ON ABSTRACT FOR "(HIS OFFICE.i ~O I.~IES 1 ~ 2
VALID WRITE-INS - DETAIL
L~ST VA[.JD WRII~'RNS IN ~ICAL ORDER B~LOW AND ON COf~'INUATION
2
Chris Chitum ......
We. the undersigned E~ctoral Board, upon examinait~n of the official records deposited with the Clen~ of the Circuit
Court of the election held on May 4. 2004. do hereby certify that, with the coMfnualk~ page~ indicated, the above Is a
true and correct cert~cation of the wote4n votes cast at said election for the office indicated above.
Given under our hands this 5th day of May. 2004. ~ . ~
A copyteste: ,,~ . Chairman
. Vice Chain'nan
1092
Mr. Dowe moved that the Abstracts of Votes be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
the City Manager requesting that Council meet in Closed Session to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position of negotiating strategy
of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia, (1950), as
amended, was before body.
Mr. Dowe moved that Council concur in the request of the City Manager
to convene in Closed Session as above described. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. O.
OATHS OF OFFICES-COMMITTEES-INDUSTRIES-WATER RESOURCES: A
report of qualification of the following persons, was before Council:
M. Rupert Cutler as a City representative to the Board of
Directors, Western Virginia Water Authority, for a term
commencing March 2, 2004 and ending March 1, 2006; and
Randy L. Leftwich as a member of the Human Services
Committee for a term ending June 30, 2004.
Mr. Dowe moved that the report of qualification be received and filed.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .................................. '~ ....... 7.
NAYS: None .................................................. O.
1093
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss award of a public contract
involving the expenditure of public funds, and discussion of the terms or scope
of such contract, 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 (19S0), as amended, was before the
body.
Mr. Dowe moved that Council concur in the request of the City Manager
to convene in Closed Session as above described. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None ....................................... ~ ..........O.
CITY COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel ona sPecific
legal matter requiring the provision of legal advice by such counsel, pursuant to
Section 2~2-3711(A)(7), Code of Virginia (1950), as amended, was before the
body.
Mr. Dowe moved that Council concur in the request of the City Attorney
to convene in Closed Session as above described. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
1094
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CLERK OF CIRCUIT COURT-STATE COMPENSATION BOARD: A
communication from the Clerk of the Circuit Court advising that the Clerk is
resPonsible, by statute, for recordation of legal instruments which include land
records, marriage licenses, financing statements, assumed names, wills and
other probate records, and Law, Chancery and Criminal orders, all of which
must be maintained and available to the general public, was before Council.
The Clerk further advised that the Compensation Board, through the
Technology Trust Fund, has made funds available to be allocated toward
contractual obligations for those officers that have indicated that funds are
needed; the Circuit Court Clerk's Office for the City of Roanoke has
been allocated for reimbursement funds totaling $21,708.00 for charges by the
Supreme Court of Virginia for its indexing and scanning system and $8,000.00
for purchase of new printers for use with the system; and acceptance of the
funds is vital to the Circuit Court Clerk's Office in meeting year end budget
obligations.
The Clerk of Circuit Court recommended that Council accept funding
from the Compensation Board Technology Trust Fund, in the amount of
$29,708.00, that Council establish a revenue estimate in the General Fund in
the amount of $29,708.00, and appropriate same to the following accounts:
Maintenance Contracts Account No. 001-120-2005 - $21,708.00
Fees for Professional Services Account No. 00i-12-2111-2010
$8,OO0.OO
A communication from the City Manager recommending that Council
concur in the request, was also before the body.
Mr. Dowe offered the following ordinance:
· (#36696-052004) AN ORDINANCE to appropriate funding for an indexing
and scanning system for the Clerk of the Circuit Court and establish revenue
provided by the Compensation Board, amending and reordaining certain
sections of the 2003-2004 General Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 475.)
1095
Mr. Dowe moved the adoption of Ordinance No. 36696-052004. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Best@itch, and Mayor Smith .................................... ~- ..... 7.
NAYS: None .................................................. 0.
CITY CODE-TAXICABS AND FOR HIRE VEHICLES: The City Manager
submitted a communication advising that during the March 15~ 2004, Council
meeting, Yellow Cab Services of Roanoke, Inc., submitted a petition requesting
an adjustment of rates for taxicab service and for-hire automobiles in the City
of Roanoke, which rates are regulated by Council, pursuant to Section 34-130,
Code of the City of Roanoke (1979), as amended; and taxicab service in
Roanoke is provided by Yellow Cab, Liberty Cab Company, Northwest Cab
Company, and Quality Taxi Company.
It was further advised that the present request of Yellow Cab represents
the first request for an increase in almost four years (the last increase was
adopted by Council on June 5, 2000); the request is based on continued and
significant increases in the cost of doing business (insurance rates up over 35
per cent, repair costs up over 25 per cent, fuel costs up over 30 per cent and
labor costs up over 20 per cent), and the proposed increase would help offset
current expenses for taxicab companies.
It was explained that the requested increase is for the initial meter drop
rate to be raised from $1.80 for the first 1/8'h mile to $2.80 for the first 1/8'h
mile, and no other rate increases are requested; the average taxicab trip in
Roanoke is three miles, or $6.40; under the new proposal, the average increase
in fare will be $1.00 per trip, or an increase of 15.6 per cent; and per the
petitioner, the proposed increase in rates is in line with those proposed, or in
effect, in major cities in the Commonwealth of Virginia.
It was noted that City staff, along with the City Attorney's Office,
conducted a survey among other Virginia municipalities to determine their
practices with respect to regulating taxicabs, specifically the regulation of rates;
in addition, calculations were made to compare the cost of a three mile trip in
Roanoke under the new rate ($7.40) to the cost of the same trip in the seven
localities surveyed; although Roanoke's charge was the highest; it was still in
line with what other localities are charging; however, Roanoke's cab companies
do not levy extra charges for such services as transporting packages, groceries,
luggage, or for providing night service; and many cities and counties allow
these and other additional charges.
1096
The City Manager recommended that Council amend Section 34-130 (g),
Code of the City of Roanoke (1979), as amended, to reflect an increase in the
"distance rate" for a taxi trip from $1.80 to $2.80 for the first 1/8'h mile or
fraction thereof.
Mr. Cutler offered the following ordinance:
(#36697-052004) AN ORDINANCE amending subsection (g) of §34-130,
Rate Schedule., of Division IV, Fares, Article III, Public Vehicles (Taxicabs and For
Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, in order
to adjust certain rates charged for services rendered by taxicabs and fore-hire
automobiles; and dispensing with the second reading by title paragraph of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 476.)
Mr. Cutler moved the adoption of Ordinance No. 36697-052004.
motion was seconded by Mr. Harris and adopted by the following vote:
The
NAYS: None .................................................. 0.
BUDGET-ROANOKE PASSENGER STATION RENOVATION PROJECT: The City
Manager submitted a communication advising that the Western Virginia
Foundation for the Arts and Sciences (WVFAS) received notification in
November, 2003 that its application for Transportation Enhancement funds
through the Transportation Equity Act for the 21" Century (TEA-21) for the
Roanoke Passenger Station Renovation Project was approved, in the amount of
$110,000.O0; this amount is in addition to the $988,000.00 in Enhancement
funds approved in 2001 and 2002, bringing the total to $1,098,000.00; other
State-provided funding of $500,000.00 has also been committed to the project
which currently totals almost $3.1 million, considering both State and local
funding; the City of Roanoke must enter into separate supplemental
agreements with the WVFAS and the Virginia Department of Transportation
(VDOT), which define the responsibilities of each party; authority for all such
VDOT agreements for the project was previously authorized by action of
Council on January 22, 2002 (Resolution No. 35734-012202); authority for all
such WVFAS agreements for the project was previously provided through
Ordinance No. 36157-121602; the WVFAS will be responsible for the match
requirement of $27,500.00; and $110,000.O0 of TEA-21 Enhancement funds
need to be appropriated (to be reimbursed by VDOT) to Project Account No.
008-530-9900-9007 for disbursement to the Western Virginia Foundation for
the Arts and Services.
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
1097
The City Manager recommended that Council appropriate $110,000.00 of
TEA-21 Enhancement funds to be funded by VDOT to Project Account No.
008-530-9900-9007 for disbursement to the Western Virginia Foundation for
the Arts and Science, and establish a revenue estimate in the same amount for
State reimbursement through the TEA-21 program.
Mr. Fitzpatrick offered the following ordinance:
(#36698-052004) AN ORDINANCE to appropriate funding from the
Commonwealth for Roanoke Passenger Station Renovation project, amending
and reordaining certain sections of the 2003-2004 Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 477.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36698-052004.
The motion was seconded by Mr. Harris.
Council Member Dowe and Mayor Smith advised that they serve on the
Board of Directors of the Western Virginia Foundation for the Arts and Sciences;
whereupon, the City Attorney stated that due to certain Federal requirements,
they must abstain from voting on the ordinance.
Ordinance No. 36698-052004 was adopted by the following vote:
AYES: Council Members Cutler, Harris, Fitzpatrick, Wyatt, and
Bestpitch .................................................... 5.
NAYS: None ..................... -, ........................... O.
(Mayor Smith and Council Member Dowe abstained from voting.)
BUDGET-TOTAL ACTION AGAINST POVERTY-GRANTS-JUVENILE
CORRECTIONAL FACILITIES: The City Manager submitted a communication
advising that the Department of Criminal Justice Services notified the City of
Roanoke and Roanoke County of an allocation of funds under the Juvenile
Accountability Block Grant Program of $48,493.00 in Federal 'funds; and a joint
local match of $5,388.00 is required.
1098
It was further advised that the allocation formula provides $32,473.00
Federal, $3,608.00 match for the City of Roanoke, $16,020.00 Federal and
$1,780.00 match for Roanoke County; staff from the jurisdictions have met and
developed program proposals for use of the funding; Roanoke County will
provide a substance abuse intervention education program through the
schools; the City of Roanoke, in collaboration with the Boys and Girls Club and
Total Action Against Poverty, will provide services to students suspended or
otherwise absent from school during the day; TAP Project Discovery will help
adjudicated youth avoid negative risks and unproductive lifestyles that often
correlate with dropping out of school; funding for the City's match of
$3,608.00 is in Account No. 001-630-1270-2010, Human Services Support;
and the City of Roanoke will serve as the fiscal agent for the funds.
The City Manager recommended that she or her designee, be authorized
to accept the $48,493.00 JABG grant allocated to the City of Roanoke for
$32,473.00 and to Roanoke County for $16,020.00, and execute the
agreement with the Department of Criminal Justice Services for said funds; and
that Council appropriate $53,881.00 and increase the corresponding revenue
estimates of $48,493.00 in Federal funds and $1,780.00 in Roanoke County
matching funds in accounts to be established by the Director of Finance in the
Grant Fund and transfer $3,608.00 from Human Services Support, Account No.
001-630-1270-2010, to the above established Grant Fund.
Mr. Dowe offered the following ordinance:
(#36699-052004) AN ORDINANCE to appropriate funding from the
Juvenile Accountability Block Grant Program and local match for juvenile
education programs, amending and reordaining certain sections of the 2003-
2004 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 478,)
Mr. Dowe moved the adoption of Ordinance No. 36699-052004. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. O.
1099
Mr. Dowe offered the following resolution:
(#36700-052004) A RESOLUTION authorizing acceptance of a Juvenile
Accountability Incentive Block Grant from the Virginia Department of Criminal
Justice Services on behalf of the City, authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 68, Page 480.)
Mr. Dowe moved the adoption of Resolution No. 36700-0S2004. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. 0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council approve the following appropriations, was before
the body.
$394,363.00 from the 2003-2004 Capital Maintenance and
Equipment Replacement Fund to provide for replacement of
facility maintenance site requests, purchase of a mowing
tractor, and roof repairs;
$75,000.00 for the Alternative Education Program to provide
alternative curriculum and training for high risk students at
Taylor Learning Academy, with a focus on improving the total
self-concept of the student, which is a continuing program
and the appropriation represents an increase of funds based
on final program activities.
The Director of Finance recommended that Council concur in the request
of the School Board.
1100
Mr. Harris offered the following ordinance:
(#36701-052004) AN ORDINANCE to appropriate funding for equipment
from the Capital Maintenance and Equipment Replacement Program (CMERP),
amending and reordaining certain sections of the 2003-2004 School Funds
Appropriations and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No, 68, Page 481.)
Mr. Harris moved the adoption of Ordinance No. 36701-052004. 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.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS: NONE.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
CITY COUNCIL-REGIONAL COOPERATION: Council Member Cutler called
attention to an article in a recent issue of Vir~Tin/a Town and City in regard to
mutual aid pacts, which noted that the City of Roanoke, City of Salem, Town of
Vinton and Roanoke County have moved beyond maintaining a mutual aid
agreement and expanded regional cooperation by establishing a regional radio
system, standardizing equipment for fire fighting components, adopting a
valley-wide incident management system and participating in the construction
of the Roanoke Valley Regional Fire Emergency Medical Services Training
Center. He stated that the article was a positive reflection of the efforts by
Roanoke Valley jurisdictions toward regional cooperation.
1101
CITY COUNCIL-RAIL SERVICE: Council Member Cutler advised that the
Governor will appoint a Commission on Rail Enhancement for the 21st Century
which will address improving freight service along 1-81, and it is hoped that a
representative from the Greater Roanoke region will be appointed to the
Commission,
CITY COUNCIL: Council Member Bestpitch commented on the Roanoke
Valley Leadership Trip to Louisville, Kentucky, which was held on May 16-18,
2004. He advised that the value of the trip will be in determining whether
localities of the Roanoke Valley can build upon the kinds of regional
cooperation as above referenced by Dr. Cutler, in order to achieve greater
efficiencies in government; i.e.: cooperative agreements relating to
fire/emergency medical services, library systems, and parks and recreation
activities, etc.
CITY COUNCIL-COALITION OF LOCAL GOVERNMENT OFFICIALS: Council
Member Bestpitch advised that along with the City Manager, he represents the
City of Roanoke on the Virginia First Cities Coalition which consists of the City
of Roanoke and 14 other cities throughout the Commonwealth of Virginia that
experience the same challenges of older urban core cities. He stated that a
meeting was held on Wednesday, May 19, 2004, in Petersburg, Virginia, and
commended the City Manager for the leadership role she has provided to the
organization, she has represented the City of Roanoke well and is highly
respected by City Managers and elected representatives from the 14 other cities
that comprise the Coalition. He encouraged Council to continue its support of
the Virginia First Cities Coalition.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
COMPLAINTS-CITY COUNCIL-SCHOOLS: Dr. E. Jeanette Mann~, 1826 10th
Street, N. W., spoke with regard to an incident that occurred .in a City school in
which her grandson was the victim of bullying by another student. She
expressed concern with regard to the manner in which School officials
responded to the incident, and advised that racism exists in Roanoke City
Public Schools and in Roanoke City employment.
1102
TAXICABS AND FOR HIRE VEHICLES-COMPLAINTS-COMMISSIONER OF THE
REVENUE: Mr. Chris Craft, 150! East Gate Avenue, N. E., expressed
appreciation for approval by Council of an increase in taxicab rates. He
expressed concern that, for budgetary reasons, an employee of the
Commissioner of the Revenue's Office is no longer assigned the responsibility
of issuing City decals at the Division of Motor Vehicles office at Crossroads
Mall.
CITY MANAGER COMMENTS: NONE.
At 2:50 p.m., the Mayor declared the Council meeting in recess for one
Closed Session.
Council Member Dowe left the meeting.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, except Council Member Dowe, Mayor
Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Harris, Wyatt, Bestpitch, and
Mayor Smith ....................................................... 6.
NAYS: None ................. ~ ................................ 0.
(Council Member Dowe was absent.)
1103
ROANOKE CIVIC CENTER: The City Manager presented a communication
advising that in May, 2001, Council authorized City officials to enter into a
License Agreement with Arena Ventures, LLC, that provided for use of the
Roanoke Civic Center Coliseum and certain related Civic Center facilities by
Arena Ventures, to provide a certain number of National Basketball
Development League games and a certain number of entertainment events
produced by SFX Concerts, Inc., in the Coliseum over a five year period, which
agreement was entered into on May 18, 2001; Section 14.2 (b) of the
agreement provides Arena Ventures with the right to terminate the agreement if
average paid attendance at regular season NBDL League Games is less than
4,500 in any League season ending prior to June 1, 2004; and the agreement
further requires Arena Ventures to provide the City with written notice no later
than May 31, 2004, should Arena Ventures decide to exercise this provision.
It was further advised that the attendance threshold as above stated has
not been met for any of the NBDL's regular season league games for the past
three seasons; accordingly, Arena Ventures now has the right to terminate the
agreement; Arena Ventures has indicated to City staff a positive and clear
interest in staying in Roanoke for the remainder of the term of the agreement,
but seeks some consideration for renegotiation of the agreement without the
pressure of the May 31, 2004 deadline; Arena Ventures has indicated that it is
making similar efforts to seek renegotiation of its agreements with other
localities, although the deadline varies with each locality; and Arena Ventures
has requested an extension of the May 31, 2004 deadline by which it must give
notice that it intends to exercise this provision by one month, in order to have
more time to discuss renegotiation of the agreement with City staff.
The City Manager recommended t.hat she be authorized to execute an
amendment to the agreement with Arena Ventures, LLC, extending the May 31,
2004, deadline by which Arena Ventures must provide the City with written
notice that it is terminating the agreement, pursuant to Section 14.2(b), until
June 30, 2004, with all documents to be upon form approved by the City
Attorney.
Mr. Fitzpatrick offered the following ordinance:
(#36702-052004) AN ORDINANCE authorizing the City Manager to
execute an amendment to the License Agreement dated May 18, 2001, between
the City and Arena Ventures, LLC, extending the date by which Arena Ventures
must provide written notice to the City that it is exercising its right to terminate
such License Agreement from May 31, 2004 until June 30, 2004, upon certain
terms and conditions; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 68, Page 482.)
1104
Mr. Fitzpatrick moved the adoption of Ordinance No. 36702-052004.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Harris, Wyatt, Bestpitch, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. O.
(Council Member Dowe was absent.)
At 3:35 p.m., the Mayor declared the Council meeting in recess for a
continuation of the Closed Sessions which were previously approved by Council.
At 5:25 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, except Council Member Dowe, 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. Cutler and adopted by the following
vote:
AYES: Council Members Cutler, Fitzpatrick, Harris, Wyatt, Bestpitch, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Dowe was absent.)
At 5:30 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 Thursday, May 20, 2004, 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.
1105
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., C.
Nelson Harris, Beverly T. Fitzpatrick, Jr., Linda F. Wyatt, William D. Bestpitch,
and Ralph K. Smith ................................................. 7.
ABSENT: None ................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with prayer by Council Member Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Thursday, May 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of Fudds of S. W. VA., Inc., that property located at 3659
Orange Avenue, N. E., Official Tax No. 7110122, be rezoned from RS-3i
Residential Single Family District, to C-2 General Commercial District, subject
to certain conditions proffered by the petitioner, the matter was before Council.
Legal advertisement of the public hearing was published in The RoanoAe
T/meson Monday, May 3, 2004 and Monday, May 10, 2004.
The City Planning Commission submitted a written report advising that
the petition for zoning requests that 3.13 acres, containing approximately 300
feet of frontage on Orange Avenue and a depth of almost 540 feet, be rezoned
to C-2, General Commercial District, with a proffered condition that prohibits
15 delineated C-2 uses; although the petition states that the request is "for the
purpose of permitting a restaurant on the property," the petition's proffered
condition does not limit development of the parcel of land to a restaurant use;
and because a concept plan is not proffered, neither the restaurant
"delineation" nor the footprint of the building in terms of size or location as
delineated on the concept plan are proffered.
1106
The following factors underscore the. significance of the subject site:
The site's location at a major gateway to the City and its
proximity to the entrance to the Roanoke Centre for Industry
and Technology (RCIT);
The site's 3.13-acre size and its potential for accommodating
multiple uses, structures, signage, and curb cuts; and
The limited opportunity within the City for development of a
property that represents both significant size and a location
along a major gateway.
It was further advised that given the significance of the subject site and
the potential impact of its development as a C-2 property, there are concerns
with potential use(s) of the property that would be permitted if the rezoning
request were approved in its current form; the Fifth Amendment Petition
proffers that 15 permitted C-2 uses would be prohibited on the property; the
C-2 District permits 36 other uses by right (including highway convenience
stores, open air markets, and automobile cleaning facilities) and 11 special
exception uses; and without additional proffers which refine their development
as to intensity, traffic generation and circulation, curb cuts, and streetscape,
certain C-2 uses permitted within the parameters of the current form of the
petition could be inappropriate on the site.
It was explained that although the Fifth Amended Petition lengthens the
list of C-2 uses that would be prohibited on the property, the petition has
established no site development parameters within which the property could be
developed if the rezoning request in its current form were approved; and in
order to assess consistency of the proposal with Vision 2001-2020 site
development principles, the following issues should be addressed as a
condition of the rezoning:
· Number and location of curb cuts and shared access
More definition within the petition to assess, the consistency
of the request with Vision 2001-2020's policies of minimizing
curb cuts and taking advantage of opportunities to share
points of access on a multiple use, multiple structure parcel;
Justification of more than one curb cut from a functional
standpoint given that no median break on Orange Avenue
would be permitted in this location because of the proximity
to the Mexico Way/Blue Hills traffic signal.
1107
· Freestanding signage
C-2 sign regulations would permit a total sign allocation for
the property, both attached and freestanding, of up to 848.5
square feet of sign area; and
Up to three freestanding sign structures on the property
would be permitted, which structures could include a total of
four signs, with up to a total of 249 square feet of sign area;
Relationship of a building or buildings to Orange Avenue in
terms of defining the streetscape, particularly in regard to the
setback of any building and the amount of pavement that
separates any building from Orange Avenue;
Landscaping, specifically in terms of preserving and replacing
tree canopy; and
Designation and planting of the required landscape buffer
along the subject property's southern and eastern boundaries
which abut a residentially zoned parcel.
It was advised that given the significance of the property, both its
location and size, a change in zoning district designation that would permit
C-2 development of the site should be deemed appropriate only if the
proposed development is found to be consistent with Vision 2001-2020's
policy regarding the creation of commercial centers rather than strip
development; and the petition, in its current form, is seriously deficient in
providing definition that allows an assessment of the consistency of the request
with the following policies and principles of Vision 2001-2020.
Commercial development should be concentrated at key
intersections. Curb cuts should be minimized.
Encourage maximum use of commercial and industrial sites by
addressing setbacks, lot coverage, parking requirements, and
landscaping to encourage development of commercial
businesses in centers versus strip developments.
1108
A continued comprehensive emphasis on city design will
improve Roanoke's attractiveness for new commercial and
residential development and strengthen individual
neighborhoods.
Buildings and trees should shape the City's image rather than
asphalt and signs.
Building location and design should be considered as
important elements of the streetscape and should be used to
define the street corridor as a public place.
Parking: Roanoke will discourage excessive surface parking
lots, off-street parking will be encouraged to the side or rear
of buildings.
· Commercial centers
Maximize site development through reduced parking spaces,
increased lot coverage, and parcels developed along street
frontages.
Parking lots should have trees located in the interior of the
site and along street frontages.
Curb cuts should be minimized; shared parking lots should be
encouraged.
Signs should be limited in number and Scaled in size to
minimize visual clutter.
It was noted that the concept plan of the petition and the lack of
definition of site development in the form of proffered conditions raise serious
questions about the site being developed in a manner that is consistent with
Vis/on 2001-2020, particularly with regard to commercial development along
major corridors and at gateways to the City; and the current form of the
petition, if approved, could result in land uses and site development that would
permit a continuation of a strip commercial pattern of development on the site
that would be inconsistent with Vision 2001-2020.
1109
The City Planning Commission advised that without a clearer definition of
the proposed development in terms of use and site development that would
allow for an assessment of the consistency of the proposal with Vision 2001-
2020, it is recommended that Council deny the request for rezoning.
Mr. Dowe offered the following ordinance:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 71]., Sectional t976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered
by the applicant; and dispensing with the second reading of this ordinance by
title."
Mr. Dowe moved the adoption of the above referenced ordinance. The
motion was seconded by Mr. Harris.
Maryellen F. Goodlatte, Attorney, representing the petitioner, advised that
Fudds of S. W. VA., Inc. (Fudds), owns three acres of land on Route 460 which
are close to the Roanoke County line and zoned RS-3, with the exception of a
small "dog leg" adjacent to the property that is part of a larger tract of land
owned by Parkway Wesleyan Church; all properties adjoining the property in
question on both sides of Route 460 are zoned commercial; and Fudds wishes
to rezone the property to C-2, General Commercial District, in. order to
construct and operate a Fuddruckers Restaurant. She further advised that
because the site consists of slightly more than three acres, the owner would
like to place a complimentary use on the property as well once the restaurant is.
operational; however, at this point, the owner does not know what the use will
consist of, but recognizing that there are certain C-2 uses that would not be
appropriate for the site, the petitioner has proffered approximately 15 uses
which are listed on the petition for rezoning. To help allay any concerns over
what might go on the site, she stated that Fudds has offered to add an
additional proffer that the first use to be developed on the property will be a
restaurant; there is no question that commercial zoning is appropriate, given
the nature of development along Route 460; Fudds wishes to invest in the
property and believes that a Fuddruckers Restaurant will be well received by
persons who travel, live and work along the Route 460 corridor; the concept
plan is consistent with existing development patterns along Route 460; in an
existing commercial area like Orange Avenue/Route 460, the experience of
Fudds has been that customers will not come to a restaurant that does not offer
convenient, visible and accessible parking; the focus on building placement and
parking issues resulted in Fudds requesting a continuation of the matter while
it considered whether or not to proceed; the bottom line for Fudds is that the
company cannot invest in the property if the restaurant is required to be placed
on the site in such a way that the business will be unsuccessful; and by
proffering certain uses, Fudds believes that the restaurant will be a good fit
1110
among Route 460 neighbors, some of which are currently zoned conditional
C-2 and some unconditional C-2. She stated that her client is not insensitive
to many of the issues raised by City Planning staff; i.e.: plans include only one
free standing sign and Fudds will work with the City to minimize curb cuts so
long as the curb cuts accommodate future additional use(s). She advised that
the City Planning Commission has recommended that Council deny the request
for rezoning; however, to deny the rezoning and to keep the site residential
does not make sense, because Orange Avenue is a mature commercial
boulevard with commercial and not residential uses as its future; and it should
be noted that no citizen objected to the request for rezoning.
On behalf of her client, Ms. Goodlatte requested that Council approve the
request for rezoning and advised that her client is willing to submit additional
proffers if such is the desire of the Council.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of the
request for rezoning, the effect of which will be to add another new business to
the City of Roanoke, employ between 50 - 75 persons, and generate additional
tax dollars to the City. He stated that adequate parking is available and asked
that Council work with the Fudds regarding additional proffers.
Mr. Bill Tanger, 257 Dancing Tree Lane, Roanoke County, spoke in
support of the request for rezoning under the general proffers that are
currently proposed. He stated that concern by City Planning staff is an early
application of a new zoning effort that is underway in the City; however, the
location in question is an inappropriate place to begin; setbacks and the
building orientation does not make sense in this section of the City; and
concerns raised by City Planning staff relate to the City's Comprehensive Plan,
Council has the authority to amend the Comprehensive Plan, and is encouraged
to do so.
· There being no further speakers, the Mayor declared the public hearing
closed.
Council Member Bestpitch offered a substitute motion that the matter be
referred back to City Planning staff to review additional proffers and report to
Council no later than the regular meeting on Monday, June 21, 2004. The
motion was seconded by Mr. Cutler.
1111
Following further discussion, the Agent to the City Planning Commission
was requested to respond to the rationale of the Planning] Commission in
recommending a denial of the request for rezoning; whereupon, he advised
that the issue of turning the building sideways was not a requirement of City
Planning staff; however, staff was concerned about the amount of parking
between the building and the street, which then led to the location of the front
door because of the desire of the petitioner to have at least a majority of the
parking in proximity to the front door. He called attention to the Western
Sizzlin Restaurant which is located immediately across the roadway where all
but five parking spaces are to the right of the building, the front door is to the
side of the building, and it is a successful operation. With regard to curb cuts,
he advised that there are no median breaks on Orange Avenue in proximity to
the site and to have two curb cuts would further complicate the traffic issue;
and no specific site development proffers are included in the current petition
for rezoning. He advised that City Planning staff will work with the petitioner to
address the parking issue and present a complete package to Council as to
what will ultimately be developed on the site.
Following further discussion in which it was noted by several Members of
Council that the subject of additional proffers should be addressed by the
attorney for the petitioner and City Planning staff and not on the Council floor,
the substitute motion was unanimously adopted.
TAXES-RADAR: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Thursday, May 20, 2004, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on a request of Unified Human
Services Transportation System, Inc. (RADAR), for exemption from local real
estate taxation of real property located between Breckinridge Avenue and Baker
Avenue, N. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 14, 2004.
The City Manager submitted a communication advising that Unified
Human Services Transportation Systems, Inc., which transacts business as
RADAR, owns property known as Official Tax Nos. 2S10106-2510117,
inclusive, located between Breckinridge Avenue and Baker Avenue, N. W.; the
primary purpose of RADAR is to provide an efficient and cost-effective
transportation system for the elderly, disabled, indigent, and other persons
who may require the provision of specialized transportation; and annual taxes
due for fiscal year 2004-2005 are $296.44 on an assessed value of
$24,50O.00.
1112
It was further advised that on May 19, 2003, Council approved a revised
policy and procedure in connection with requests from non-profit
organizations for tax exemption of certain property in the City, pursuant to
Resolution No. 36331-051903, which adopted the revised Process for
Determination of Property Tax Exemption dated May 19, 2003, effective
January 1, 2003; Unified Human Services Transportation Systems, Inc. (RADAR),
provided the necessary information required as a result of adjustments made to
the City's revised local policy prior to the deadline of April 15, 2004; and
according to the Commissioner of the Revenue's Office, the loss of revenue to
the City will be $237.19 after a 20 per cent service charge, or $59.25, is levied
by the City in lieu of real estate taxes.
It was explained that the Commissioner of the Revenue has determined
that the organization is currently not exempt from paying real estate taxes by
classification or designation under the Code of Virginia; and the IRS recognizes
RADAR as a 501(c) 3 tax-exempt organization.
The City Manager recommended that Council approve the request of
Unified Human Services Transportation Systems, Inc. (RADAR), for exemption
from real estate property taxation, pursuant to Article X, Section 6(a)6,
Constitution of Virginia, effective July 1, 2004, if the organization agrees to pay
the subject service charge by that date.
Mr. Dowe offered the following ordinance:
(#36703-052004) AN ORDINANCE exempting from real estate taxation
certain property of the Unified Human Services Transportation System, Inc.
(RADAR), located in the City of Roanoke, an organization devoted exclusively to
charitable or benevolent purposes on a non-profit basis; providing for an
effective date; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 483..)
Mr. Dowe moved the adoption of Ordinance No. 36703-052004. The
motion was seconded by Mr. Bestpitch.
1113
The Mayor inquired if there were persons present who would tike to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36703-0S2004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. 0.
CITY PROPERTY-COMMUNITY PLANNING-TELEPHONE EQUIPMENT:
Pursuant to instructions by the Council, the City Clerk having advertised a
public hearing for Thursday, May 20, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on an Amendment of Vision 2001-2020, the City's
Comprehensive Plan, to include the Wireless Telecommunications Policy, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, May 3, 2004, and Monday, May 10, 2004; and in The
Roanoke Tribune on Thursday, May 13, 2004.
The City Planning Commission submitted a written report advising that
the ky/re/ess Telecommunications Po/icy was drafted to address the increasing
demand for wireless telecommunications facilities by setting forth policies,
principles, and intended achievements in regard to regulating wireless
telecommunications facilities on both publicly and privately owned land; and
recent court cases have underscored the importance of jurisdictions adopting a
wireless telecommunications policy.
It was further advised that the Wire/ess Te/ecommunications Policy
acknowledges the parameters of the regulation as set forth in the
Telecommunications Act of 1966, while recognizing the Act's preservation of
the City's zoning authority over the placement, construction, and modification
of personal wireless service facilities; and the kY/re/ess Telecommunications
Po/icy sets the direction for specific standards and development regulations
within the City's zoning ordinance for the development of wireless
telecommunications facilities, such standards to provide a uniform approach
toward analyzing and processing wireless telecommunications facilities
requests from a land use perspective.
1114
It was explained that the recommendations of the W/re/ess
Te/ecomr~un/cat/ons Po//cyare intended to accommodate the growing coverage
and capacity needs of carriers, while preserving and minimizing the negative
impact that wireless telecommunications towers have on the surrounding
natural and built environments; and major recommendations of the W/re/ess
Te/eCornrnunicat/on$ Po//cy are to:
Encourage collocation of antennas on existing towers,
structures, and buildings and the use of stealth wireless
telecommunications facilities through a streamlined approval
process
When necessitated, approve new towers that are Iow impact in
terms of location, siting, height, and design by
Establishing a hierarchy of categories of lands on which to
construct wireless telecommunications towers
Establishing guidelines for siting
telecommunications tower on a property
a wireless
Requiring applicants to document justification for requested
heights of towers
Considering the mitigation of the visual impact of a tower
through design elements such as the size, area, and bulk of
the tower or other support structure, associated equipment
enclosures, and the types of antenna and mounting
techniques
Take a regional approach by considering the potential impact
of a proposed wireless telecommunications facility on
surrounding jurisdictions as well as the City
Establish a process and fee for utilizing a consultant to assist
the City in evaluating the alternatives and potential impacts of
a special exception request for a wireles's telecommunications
facility
1115
Develop uniform standards of visibility and impact within
zoning regulations by which applications for wireless
telecommunications facilities will be reviewed and evaluated
Vision 2001-2020 includes the following three general polices
related to wireless telecommunications facilities:
IN P6 Roanoke will facilitate development of the capacity and
coverage of fiber-optic, cable, and wireless .communications
networks.
IN P6 The visual impact of telecommunication facilities will
be minimized by collocation and placement of towers in
strategic locations.
EC AllAdopt zoning regulations that address communication
towers to minimize their visual impact.
It was advised that the Wire/ess Telecommunications Po/icy is the next
step in further refining the general policies of Vision 2001-2020; the Wire/ess
Telecommunications Po/icy has more specific policies and actions for' reviewing
and evaluating requests for wireless telecommunications facilities within the
City; and the Wire/ess Telecommunications Po/icy contains specific
recommendations that should be implemented through update of the zoning
ordinance.
The City Planning Commission recommended that Council adopt the
Wire/ess Telecommunications Po/icy as an element of Vision 2001-2020, the
City's Comprehensive Plan.
Mr. Fitzpatrick offered the following ordinance:
(#36704-052004) AN ORDINANCE approving the Wireless
Telecommunications Policy, and amending Vision 2001-2020, the City's
Comprehensive Plan, to include the Wireless Telecommunications Policy; and
dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No~ 68, Page 486.)
1116
Mr. Fitzpatrick moved the adoption of Ordinance No. 36704-052004.
The motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36704-052004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
Bestpitch, and Mayor Smith .......................................... 7.
NAYS: None .................................................. 0.
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: Edward A. Natt, Attorney, representing
Rodney Tozier and Travis Tozier, d/b/a Community Properties, LLC, presented
an appeal to a decision of the Architectural Review Board rendered on March 1,
2004, pursuant to Section 36.1-642(c) of the Code of the City of Roanoke
(1979), as amended, with regard to property located at 365 Washington
Avenue, S. W., which property is located in the H-2, Neighborhood Preservation
District.
Mr. Natt advised that the former metal roof was in a state of disrepair and
was replaced with asphalt shingles and the petitioner innocently replaced the
roof on the structure without seeking a Certificate of Appropriateness from the
Architectural Review Board. He stated that the Architectural Review Board
denied the Certificate of Appropriateness; staff comments were that the
petitioner replaced the roof prior to advising City staff, therefore, staff had no
opportunity to assess the pre-existing condition of the roof; the petitioner
submits that there was a definite and immediate need to replace the roof; and
the replacement roof is .appropriate in that it is similar to other roofs which
have received a Certificate of Appropriateness from the Architectural Review
Board.
1117
In further explanation of the request, Mr. Natt advised that:
His clier~t did not seek approval from the Architectural Review
Board before the roof was replaced; and while ignorance of
the law is no excuse, knowledge of the law is an every day
learning experience.
Mr. Tozier contracted to purchase the house from Mr. George
Bristol and as a part of the negotiations, a reduction in the
price of the house, or replacement of the roof, was offered;
and Mr. Bristol agreed; as seller of the house, to undertake
replacement of the roof.
Mr. Tozier proceeded with purchase of the house and Mr.
Bristol engaged the services of a roofer to replace the roof.
· No building permit is required for replacement of a roof.
Following closing proceedings on the property, the error was
called to Mr. Tozier's attention.
The roof on Mr. Tozier's house is similar to other ~'oofs in the
neighborhood.
Tony Barnes, roofer, advised that the roof was rusting underneath and
appeared to have been patched on numerous occasions, therefore, the roof was
not salvageable.
In view of the fact that the roof needed to be replaced, replacement of
the roof was a part of the conditions of sale of the property, and the similarity
of the new roof to other roofs in the neighborhood, Mr. Natt requested that
Council over turn the decision of the Architectural Review Board.
Jackie Cannaday, 424 Washington Avenue, S. W., President, Old
Southwest, Inc., requested that Council affirm the decision of the Architectural
Review Board regarding replacement of the roof at 365 Washington Avenue,
S.W. She advised that H-2 guidelines clearly state that the same materials and
design must be used in order to replace an existing roof; although the
homeowner reports that he did not know about the guidelines, his contractor
previously acquired a Certificate of Appropriateness to replace a roof at a home
on the next block; and a street sign on the corner of Washington Avenue and
Franklin Road states that the area is designated as a historic district. She
stated that the roof is a prominent feature of any house, but particularly so in
Old Southwest due to the number of standing seam metal roofs and slate roofs
in the neighborhood; and any change from original roofing materials or design
1118
alters the overall appearance of the home and its architectural integrity. She
added that if the historic guidelines are not enforced, the architectural integrity
of the neighborhood will be lost; Old Southwest stands behind the H-2
guidelines in order to maintain the historic and architectural integrity of the
neighborhood, and .it is hoped that Council will enforce the H-2 guidelines.
Robert B. Manetta, Vice-Chair, Architectural Review Board, advised that:
· Section 36.1-345(c) of the Zoning Ordinance provides:
"The replacement of roofing materials shall not require a certificate
of appropriateness, provided that such installation or replacement
is performed using materials which are of the same design as those
on the building, structure or landmark, and provided that such
installation or replacement maintains the architectural defining
features of the building, structure or landmark.
The materials being used were not the same material or
design as the original and the architectural defining features
of the building were not maintained as a result of the project;
the project, therefore, required a Certificate of
Appropriateness.
The H-2 Architectural Design Guidelines adopted by the
Architectural Review Board and endorsed by Council state that
architectural styles are often identified by the form and
materials of the roof, which is an important design feature; a
well maintained roof and gutter system will help prevent the
deterioration of other parts of a building; changing, removing,
or adding materials or features to a roof can often alter or
destroy a building's character; the guidelines further
recommend that the following be considered specifically when
evaluating roofs:
Identify and keep original materials and features of
roofs.
Do not remove historic roofing materials, such as slate,
clay, tile,.wood shingles, or metal, that are still in good
overall condition.
Keep standing seam roofs painted and all seams tightly
crimped.
1120
As a compromise, question was raised as to whether improvements could
be made to the house such as changing a window or a porch, etc., that would
be more amenable to the neighborhood; whereupon, Mr. Townsend advised
that given the fact that a shingle roof was installed, not a great deal can be
done to supplement or compliment the existing roof. He stated that the
biggest concern is the existence of one house with two very different styles of
roofing material, therefore, it is difficult to modify one or the other while
bringing both into a compatible nature.
The Mayor inquired if Mr. Tozier was willing to make any compromise
proposals; whereupon, Mr. Natt advised that the petitioner has offered to
remove the porch awning and repair the metal porch roof.
The motion offered by Mr. Harris, seconded by Mr. Bestpitch, to affirm
the decision of the Architectural Review Board, was adopted by the following
vote:
AYES: Council Members Cutler, Bestpitch, Dowe, Fitzpatrick, Harris,
and Wyatt ......................................................... 6.
NAYS: Mayor Smith ............................................ 1.
ARCHITECTURAL REVIEW BOARD: Mr. Steven Duggar presented an appeal
to a decision of the Architectural Review Board rendered on April 8, 2004,
pursuant to Section 36.1-642(d), Code of the City of Roanoke, (1979), as
amended, with regard to property located at 717 Highland Avenue, S. W., which
property is located in the H-2, Neighborhood Preservation District.
Mr. Duggar advised that the windows were replaced with vinyl windows
inasmuch as the original windows were damaged by age; the contractor
installed the same design as the old windows in order to keep coal dust and
noise from trains to a minimum; however, in stating the grounds for appeal,
the Architectural Review Board maintained that the muntins do not have the
same shadow depth.
Jackie Cannaday, 424 Washington Avenue, S. W., President, Old
Southwest, Inc., requested that Council uphold the decision of the Architectural
Review Board. She advised that the guidelines specifically state that windows
can only be replaced if the same materials and design are used; the home
owner did not follow the guidelines, nor did he apply for a Certificate of
Appropriateness to replace the windows; the fact that the homeowner had
acquired a prior Certificate to construct a deck behind his home suggests that
he was aware of the H-2 guidelines; the windows of the house are one of the
most defining features of a home because they provide the scale and character
that make the house unique; the use of exterior muntins on windows as often
1121
seen in older homes adds to the depth by creating a shadow line; when new
windows are installed without exterior muntins, this affect is lost, thus, altering
the appearance of the home; the architecture and history of homes make
Old Southwest a historic neighborhood; and if architectural details of the
homes are not maintained, the houses will loose their uniqueness. She advised
that Old Southwest, Inc., does not want to alienate residents and property
owners, but residents strongly encourage the City to enforce the H-2 guidelines
because it is believed that this case will set a precedent for how the
Architectural Review Board will be viewed in the future and how the H-2
guidelines will be enforced.
Robert B. Manetta, Vice-Chair, Architectural Review Board, advised that:
Section 36.1-345(c) of the Zoning Ordinance provides:
"The replacement of windows shall not require a certificate of
appropriateness provided that such installation or replacement is
performed using materials which are of the same design as those
on the building, structure or landmark, and provided that such
installation or replacement maintains the architectural defining
features of the building, structure or landmark."
The materials being used were not of the same design as the
original material and the architectural defining features of the
building were not maintained as a result of the project; the
project, therefore, required a Certificate of Appropriateness.
The H-2 Architectural Design Guidelines adopted by the
Architectural Review Board and endorsed by Council state that
windows and doors are especially important in rehabilitation;
their size, shape, pattern, and architectural style not only
provide architectural character but also give a building much
of its scale and detail; the guidelines further recommend that
the following be considered specifically when evaluating
windows:
Identify and keep the original materials and features of
windows, such as size, shape, glazing, muntins and moldings.
Consider rlew replacement windows only when old
replacements are unavailable; new replacements should be
compatible in size and shape, design, and proportion.
Use storm windows to improve thermal efficiency of existing
windows.
1122
Since January 1, 2000, there have been 15 window
replacement approvals in the H-2 District (1 from the
Architectural Review Board and 14 administratively).
On behalf of the Architectural Review Board, Mr. Manetta recommended
that Council affirm the Board's decision to deny the issuance of a Certificate of
Appropriateness for property located at 717 Highland Avenue, S. W.
The Mayor inquired if there is a way to inform purchasers of property in
Old Southwest that the property is located in an historic district; whereupon,
the City Attorney advised that there is no specific legal requirement that a
notice be provided to a new purchaser, or that notice be appended to a deed or
recorded in the Clerk's Office to put the purchaser on notice; however, zoning
is a part of the title process which should be reflected in the title report that the
property is located in an historic district.
The City Manager advised that when a property transfer occurs in the
future, City staff will identify ways in which the property owner will be notified
that the property is located in the historic district, including guidelines for
addressing improvements to property in the historic district.
Council Member Wyatt made the observation that potential purchasers of
property in the historic district should be notified by the realtor handling the
transaction prior to purchase of the property that the property is located in an
historic district and that certain guidelines are applied with regard to
improvements and renovations to homes in the historic district. She stated that
after the property has been purchased, it is too late to put the purchaser on
notice.
Mr. Manetta concurred in the need to include a notice in the transfer of
property stating that the house is located in the historic district. He explained
that currently a building permit is not required to replace roofs, install siding,
and replace windows, therefore, he would ask that Council encourage the
General Assembly to enact legislation that will require a building permit for
such purposes in the historic districts. Thirdly, he suggested that building
contractors be notified of regulations that apply to historic neighborhoods.
Mr. Townsend expanded on Mr. Manetta's remarks by advising that a
building permit is no longer required for installation of fences and walls below
four feet in height which is also an important issue in the historic district.
1123
Following further discussion, based on the evidence, testimony and
documents, Mr. Bestpitch moved that Council affirm the decision of the City of
Roanoke Architectural Review Board on April 8, 2004, that no Certificate of
Appropriateness be issued for the replacement of vinyl windows, as set forth in
the Petition of Appeal, on the grounds that the installation is not compatible
with the architectural defining features of the building. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and
Wyatt ............................................................. 6.
NAYS: Mayor Smith ............................................ 1.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
AIRPORT-TRAFFIC: Mr. Chris Craft, 1501 East Gate Avenue, N. E.,
expressed appreciation to Mayor Smith and Council Members Bestpitch and
Wyatt for their service on Council. He commended the City on plans to relocate
the entrance to the Roanoke Regional Airport and the installation of a traffic
light.
COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 729 Loudon Avenue,
N. W., expressed concern with regard to overall conditions in the City of
Roanoke, the need to talk with citizens to learn more about issues of concern,
appropriate application of the law, and the City's inadequate pay scale and pay
for performance program which does not bring the salary of the average City
employee to an acceptable level.
There being no further
adjourned at 9:00 p.m.
ATTEST:
Mary F. Parker
City Clerk
business,
APPROVED
the Mayor declared th meeting/
Ralph K. Smith
Mayor
1124 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 7, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
June 7, 2004, 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, Regular Meetings, Code of
the City of Roanoke (1979), as amended, and pursuant to Resolution No.
36193-010603 adopted by Council on January 6, 2003, which changed the
time of commencement of the regular meeting of Council to be held on the
first Monday in each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, and Mayor Ralph K. Smith ..................... S.
ABSENT: None .................................................. 0.
(Council Members Alfred T. Dowe, Jr., and Beverly T. Fitzpatrick, Jr., arrived late.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was
before the body.
Mr. Harris moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
1125
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .................. ~ .......................................... 5.
NAYS: None .................................................... O.
(Council Members Dowe and Fitzpatrick were not present when the vote was
recorded.)
CITY COUNCIL: A communication from Council Member Alfred T. Dowe,Jr.,
Chair, City Council Personnel Committee, requesting that Council convene a
Closed Meeting to discuss the performance of two Council-Appointed Officers,
pursuant to §2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Harris and
adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................. 5.
NAYS: None .................................................... O.
(Council Members Dowe and Fitzpatrick were not present when the vote was
recorded.)
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 §2.2-
3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
1126
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... O.
(Council Members Dowe and Fitzpatrick were not present when the vote was
recorded.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRIING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
Dr. Cutler requested information on the reallocation of greenway money;
whereupon, the City Manager advised that the capital project was originally
misnamed; the intent several years ago when the City committed to support a
$2 million greenway effort over ten years was not specifically related to the
Roanoke River Greenway, which is intended to be funded under the Roanoke
River Flood Reduction Project; City staff is attempting to correct the fact that the
City has several years of allocations of funds toward greenways that cannot be
spent because the funds have the designation Roanoke River, and a report is
included on the 2:00 p.m. docket to appropriate next year's allocation of
$200,000.00. She stated that efforts are underway to accelerate as much of the
greenway development as possible and it is anticipated that the Lick Run
Greenway will be completed over the next 12 months.
The City Manager was requested to comment on the status of the Lick Run
Greenway; whereupon, she advised that efforts continue to obtain a signed
document from one of the two property owners through which an easement is
needed between Orange Avenue and the street that runs to the rear of the Civic
Center; once easements are secured, the City will contact the Virginia
Department of Transportation for permission to use the area that is within an
area designated for future acquisition for road improvements, following which
construction will proceed. She stated that the plan is to go all the way to The
Hotel Roanoke, cross at The Hotel Roanoke over to the O. Winston Link Museum,
with some minor enhancements/improvements to the rear of the Civic Center
entrance which is intended to encourage Civic Center patrons to park downtown
and walk between dow. ntown Roanoke and the Civic Center.
1127
Council Member Dowe entered the meeting.
In connection with Civic Center rear entrance enhancements, Council
Member Bestpitch inquired if a fence or guardrail will be erected along the
walking path for pedestrian safety purposes; whereupon, the City Manager
advised that City staff will prepare specific designs/cost estimates for review by
Council.
Council Member Cutler presented copy of a newsletter prepared by the
Western Virginia Land Trust entitled, "Saving Your Land and Water; Carvins Cove
Watershed of Catawba Valley", which includes case histories of families living in
Catawba Valley and the upper Tinker Creek area, with regard to their efforts to
protect the watershed. He commended Michael McEvoy, Director of Utilities, for
his assistance in working with the Western Virginia Land Trust on the newsletter
which will be mailed to every resident of Catawba Valley and the upper Tinker
Creek area.
The Mayor referred to unsuccessful efforts by the City with the Virginia
Department of Transportation to clean up the major intersections to the City
from 1-58! and inquired as to what action, if any, the City can take to address
the matter. The City Manager responded that a strongly worded letter could be
forwarded on behalf of the Council to the Virginia Department of Transportation;
however, absent VDOT's moving forward, City forces could clear the property
which will most likely then become a responsibility of the City to do on a regular
basis in the future. She added that another course of action would be to request
the Sheriff to assign City Jail inmate crews to the intersections.
In a further discussion of the matter, the City Manager referred to
experimental treatments that have been applied by City crews at various
locations to test a particular type of growth retardant that provides for slower
growing ground cover which, if successful, will help to keep down some of the
maintenance costs. She advised that the growth retardant could be priced for
use at specific City/I-S81 intersections; a cost estimate could be prepared for
City crews to clear the intersections, and/or the cost for City Jail inmates to clear
the intersections with materials to be supplied by the City.
1128
The Mayor stated that litter which accumulates in ditches is also a problem
because of the inability of volunteers to reach the area.
Dr. Cutler called attention to an alley that is in need of clean up which is
located between the new ambulatory surgery center on Jefferson Street and
Albemarle Avenue in the vicinity of the Getty Convenience Store.
Council Member Cutler referred to the condition of the roof on the former
Virginian Railway Station and the need for repairs before further deterioration
occurs; whereupon, the City Manager advised that the property is in the
ownership of the Railroad Historic Preservation Society awaiting grant funds.
Upon request by the Mayor, the City Manager presented information on
City of Roanoke recommended funding for arts and cultural organizations as
compared to the amount of funding that Roanoke County is providing to the
same organizations. She stated that the bulk of Roanoke County's funding is
devoted to Explore Park since the County has taken over operation of the facility.
Council Member Fitzpatrick entered the meeting.
There was discussion in regard to a request of the Virginia Museum of
Transportation for an additional $20,000.00 of support from the City for fiscal
year 2005; the benefit of the Harrison Museum of African American Culture to
the citizens of Roanoke since staffing levels and hours of operation have been
decreased; and the status of the Northwest Neighborhood Environmental
Organization (NNEO) 5th Street Gateway Project.
The City Manager advised that a meeting is scheduled in the near future
with City staff and the Blue Ridge Housing Development Corporation to discuss
the NNEO project at which time staff will discuss operational concerns expressed
by Council regarding the Harrison Museum. She stated that if Council wishes to
act on the fiscal year 2005 funding recommendations of the Roanoke Arts
Commission at its 2:00 pm. session, the Harrison Museum appropriation could
be deleted or Council could direct that the funds be held in abeyance until
clarification is received from Harrison Museum officials.
1129
The Mayor spoke in support of appropriating an additional $1,500.00-
$2,000.00 for fiscal year 2005 to Explore Park as a symbolic gesture toward the
day when Explore Park might become a more localized venue and the City could
conc.eivably play a role in the decision making process relating to the Park.
Mr. Fitzpatrick addressed the need to look at a more policy-oriented
approach to arts and cultural organizations and determine which organizations
provide the most benefit to the economy of the City of Roanoke and the Roanoke
Valley region through economic multipliers.
It was the consensus of Council that funding for the Harrison Museum of
African American Culture will be deleted from the fiscal year 2005 funding
recommendations of the Roanoke Arts Commission pending additional
information to be provided by the City Manager pursuant to the above
discussion.
TOPICS FOR DISCUSSION:
COUNCIL LIAISON COMMITTEE REPORTS:
Vice-Mayor Harris, Council's liaison to the Roanoke Redevelopment and
Housing Authority, advised that the Housing Authority will continue to provide
monthly updates on projects, programs, etc. Unless otherwise directed by the
Council, he stated that the monthly breakfast meetings attended by Housing
Authority/City staffs, the Chair of the Housing Authority, Council's liaison to the
Housing Authority, and Members of Council on a rotating basis, will continue as
a means of sharing information.
Council Member Cutler advised that pursuant to discussions by Council
with regard to Council Members serving in liaison roles on various committees,
he will no longer serve as Council liaison to the Mill Mountain Zoo, the Mill
Mountain Advisory Committee, and the Roanoke Arts Commission on July 1;
whereupon, the City Manager advised that depending on Council's action after
July 1, 2004, City staff assigned to work with the various committees will provide
Council with periodic and more indepth updates.
1130
There was discussion with regard to the City's appointments to the
Roanoke Valley Allegheny Regional Commission; whereupon, it was noted that
the City appoints six persons to the Commission, three of which must be filled
by an elected official. It was also noted that according to the by-laws, the City's
representative to the Roanoke Valley Metropolitan Planning Organization must be
filled by an elected official; whereupon, Council Member Cutler expressed an
interest in serving.
Because of the City's investment in the Roanoke Regional Airport, the
Mayor encouraged Council to consider the same process for appointing members
to the Airport Commission that is used for appointments to the Roanoke City
School Board, Board of Zoning Appeals, Architectural Review Board, Industrial
Development Authority and Roanoke Redevelopment and Housing Authority; i.e.:
a formal application/interview process.
The City Manager concurred in and expanded on the Mayor's remarks and
advised that in order to build relationships, it would be advantageous to hold at
least one annual joint meeting of the Council and the Roanoke Regional Airport
Commission.
The City Manager was requested to report on discussions with Landor
Associates on the City's branding activities to date; whereupon, she advised that
three tag lines have been suggested, legal review has been completed and
Landor Associates is prepared to move to the next phase by taking the three tag
lines to focus groups, an analysis will be presented to Council, and the new
brand has been rolled out to the community with positive reactions.
PROPOSED AGENDA ITEMS FOR THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CITY SCHOOL BOARD ON JULY 6, 2004:
Vice-Mayor Harris advised that a joint meeting of Council and the Roanoke
City School Board will be held on Tuesday, July 6, 2004, at 9:00 a.m., at the
Roanoke Higher Education Center, and the majority of the meeting will be
devoted to a report by the School Safety/Discipline Task Force.
At 10:20 a.m., the Council meeting was declared in recess for one Closed
session to be held in the Council's Conference Room, Room 451, Noel C. Taylor
Municipal Building, to discuss performance evaluations of two Council-Appointed
Officers.
1131
The Council meeting reconvened at 11:55 a.m., in Room 159, Noel C,
Taylor Municipal Building, with all Members of the Council in attendance, Mayor
Smith presiding.
BRIEFINGS:
2003 Citizen Survey:
The City Manager advised that the 2003 City of Roanoke Citizen Survey
focused on customer satisfaction levels and the issue of customer service
generally; results of the survey can be used to assist the City in trying to be more
responsive with respect to delivery of service; previous survey results have
helped to guide the City to place limited resources in the right areas, and to aid
in consistency of comparing survey results from one year to the next because
many questions are the same or similar in nature. She stated that it is believed
that the best way tojudge the City of Roanoke is to judge from year to year or to
judge the trends that occur over multiple years; in addition to asking citizens to
rate the quality of each of the many varied City services, the survey instrument
also asked citizens to rate the importance of the particular service to them; and
respondents were asked to answer what is the single most important thing the
City should be doing at the present time. Ms. Burcham introduced Susan Willis-
Walton, Co-Director, Virginia Tech Center for Survey Results, to present the
briefing.
Ms. Willis-Walton presented the following highlights of the survey:
City Services That Continue to Maintain a High Satisfaction Rating
(80 per cent or greater):
Fire protection services (95.1 per cent)
911 Emergency Call Center (94.1 per cent)
Emergency and rescue services (93.0 per cent)
Public library services (92,6 per cent).
Weekly trash collection (84.6 per cent)
Water utility serves (84.4 per cent)
Health Department (82.2 per cent)
Mowing of City parks (81.9 per cent)
Management of emergency situations (81.8 per cent)
Sewer utility services (81.6 per cent)
Valley Metro bus services (80.4 per cent)
1132
City Services With At Least A Five Position Rank Order Increase Since
2002:
Health Department (from 12'h to 6'h)
Water utility services (from 37'h to 8'h)
Valley Metro bus services (from 14'~ to 9'h)
Street lighting (from 33'* to 26'9
Getting information to citizens (from 35'" to 30'9
City Services With At Least A Five Position Rank Order Decrease Since
2002:
Recycling service (from 10'h to 17th)
Quality of Civic Center cultural events (from 17'" to 22"*)
Building permit application/review (from 22"* to 29'")
Maintenance of storm drainage systems (from 24'h to 35th)
Economic development assistance (from 29'h to 37t")
Street paving, maintenance and repair (from 41~' to 46'h)
Services With Most Discrepant importance Versus Quality Ratings:
Mowing of City parks - Iow importance/high quality
Response to citizen complaints and requests -
importance/Iow quality
Street paving, maintenance and repair -
importance/Iow quality
Valley Metro bus services - Iow importance/high quality
high
high
Citizen Opinions On Most Important Need for City Now:
More beautification/maintenance: roads, housing,
sidewalks, parks and storm drainage systems (37)
More employment opportunities in Roanoke (37)
Increased funding for schools/education (35)
1133
Better functioning government: cooperation, allocation of
funds, and decision-making process (30)
More economic development and expansion (28)
Water services and availability (25)
More police and patrol of high crime areas (22)
More assistance programs for needy individuals (21)
· Citizen Agreement on Roanoke Strategic Issue/New Project
Survey Items 2003:
How much do you agree with the idea of the City of Roanoke joining
with Roanoke County to develop a water and sewer authority
(strongly and somewhat agree)
2000 - NA 2001 - NA 2002 - NA 2003- 88.6
How much would you agree with this joint water and sewer authority
if it means that your water and sewer bills will be increased?
(strongly and somewhat agree)
2000 - NA 2001 - NA 2002 - NA 2003 - 65.2
The services provided by the City of Roanoke are worth the taxes
paid by citizens. (strongly and somewhat agree)
2000 - 6.8 2001 - 75.1 32001 - 70.3
How would you rate the effectiveness of the
government in
effective)
2000 - 79.4 2001 - 80.4 2002 - 74.3
2003 - 69.7
City of Roanoke
meeting community needs? (very and somewhat
2003 -68.8
1134
Roanoke is actively expanding cooperative efforts with other local
governments in our region. (Strongly and somewhat agree)
2000- 58.9
2001- 71.1
2001- 53.7
2003 -64.0
City government performance is improving in Roanoke. (strongly and
somewhat agree)
2000 - 72.9
2001 75.9
2002 - 63.1
2003 - 61.5
The City Manager reviewed the following Action Plans:
Street Paving/Maintenance:
A "Right of Way Excavation and Restoration Standard" is in the final
stages of development which will provide an enhanced level of
inspection and an improved standard of repair for over 2,000 utility
cuts made annually.
A specialized pothole patching truck has been deployed that will
improve the repair process which has the capability to keep asphalt
hot that will allow patching to take place over a greater portion of
the year.
The Division will continue working to meet its goal of paving 57 lane
miles per year; however, the increasing cost of asphalt and milling
will make this challenging.
Staff will continue to investigate alternative pavement maintenance
methods, such as crack sealing and slurry sealing.
Maintenance of Storm Drainage Systems:
Evaluate implementation of a "storm water utility" fee to provide a
dedicated revenue resource to address the $52 million backlog of
storm drain system needs.
1135
· Economic Development Assistance to Business:
Participate in a regional Iow-interest loan pool, the Grow America
Fund administered by the National Development Council, that will
provide another tool to assist small businesses needing financing.
Increase the number of local businesses visited each year and
continue to maintain contact through the business breakfasts.
Identify a key business issue needing to be addressed through a
focus group process.
· Improving Civic Center Cultural Events:
The planned expansion of the Civic Center Exhibit Hall and
Auditorium will be an impetus for not only improving the quality of
cultural programs, but other events as well.
Improved partnership with JAM Theatricals has resulted in a greatly
improved product, and the quality of shows has expanded the
appeal to many diverse groups.
Become more proactive in seeking non-traditional business:
Researching opportunities in markets that were once overlooked.
Researching shows that will reach more diversified audiences.
Working with The Hotel Roanoke and the Convention and Visitors
Bureau to bring in more convention businesses.
Working to host more trade association events.
Identifying more outside events for the parking lot and plaza.
· Response to Citizen Complaints and Requests:
Restructure the Citizen Service Center to improve
overall responsiveness to citizens which will include:
Relocating the staff from the lobby to the first floor of
the Municipal Building.
1136
Routing calls for solid waste service to staff dedicated
to answering those issues.
Routing calls for nuisance code enforcement to staff
dedicated to resolving those issues.
Directing all other calls to the Municipal Lobby
receptionist for response and routing.
Response to Citizen Complaints and Requests:
"Welcome Roanoke" program will:
Distribute basic information on City services, cultural
activities, and entertainment
Encourage participation in neighborhood
organizations.
City Government Performance is Improving in Roanoke:
Increase involvement of the citizens in decision-
making.
City departments will survey their specific customers
to aid in process improvements. (Departments include
General Services, Parks and Recreation, Social
Services, Libraries, Fire, Police, and the Development
Assistance Center.)
Virginia Tech will tailor future citizens surveys to
focus more on those services that impact most
citizens on a daily basis.
Continue to implement neighborhood plans to
address identified needs.
1137
The City will continue to provide information about
City services, activities, and events through the
media, public information, internally and through
publications.
· City Government Performance is Improving in Roanoke:
The City will continue a multi-year plan to build
capital maintenance funding in the operating budget
for:
Vehicle and equipment replacement
Building maintenance
Street paving
Technology
Question was raised with regard to how to address the sense of
competition that exists between the Mill Mountain Theatre and the Roanoke Civic
Center; whereupon, the City Manager advised that the issue relates to the ability
of the Mill Mountain Theatre to book certain plays which are held for a year or
longer by various theatrical companies, and, in effect, the Mill Mountain Theatre
is locked out of contracting for the performance if the same theatre production
has been booked at the Roanoke Civic Center. She stated that early discussion is
needed between Civic Center staffand Mill Mountain Theatre officials with regard
to the plays that both entities intend to secure. She mentioned the possibility of
holding a one to two night showing of a production which could be followed for a
longer production time at the Mill Mountain Theatre, that would allow for one
event to be the teaser and the other to be the longer running performance. She
stated that these are the kinds of conversations that need to take place.
Council Member Fitzpatrick encouraged the scheduling of a meeting as
soon as possible with Mill Mountain Theatre officials, City staff, and the incoming
Mayor and Vice-Mayor to discuss the lockout issue and scheduling concerns.
The Mayor called attention to the need for better marketing of events to be
held at the Roanoke Civic Center via the electronic bill board signs.
1138
Council Member Bestpitch encouraged the use of Elmwood Park by Mill
Mountain Theatre for outdoor productions which have proven to be successful
fund raising activities for other organizations.
' Council Member Dowe mentioned the opportunity to partner with other
local jurisdictions, i.e.: if a Roanoke Valley locality is hosting a sporting event,
etc., the City of Roanoke could offer a package activity that would include a
theatre/dinner event, etc.
At 1:50 p.m., the meeting was declared in recess to be reconvened at
2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, June 7, 2004, the Council meeting reconvened in
the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor Ralph K. Smith ............... 5.
ABSENT: Council Member Linda F. Wyatt and Vice-Mayor C. Nelson
Harris ............................................................ 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Maurita Wiggins,
Pastor, Valley Community Church Divine Science.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a
proclamation declaring the month of June 2004, as Homeownership Month.
1139
PROCLAMATIONS: The Mayor presented a proclamation declaring June 19,
2004, as Juneteenth Festival Day.
' ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Star Award to Mr.
and Mrs. Robert Morris, owners, Roy L. Webber Florist, in recognition of many
years of outstanding service to the Roanoke community.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion is desired, the item will be removed from the Consent Agenda and
considered separately.
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: A communication
from Kirk A. Ludwig tendering his resignation as a member of the Human
Services Advisory Board, was before Council.
Mr. Fitzpatrick 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, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith ............................................................ 5.
NAYS: None .................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-WATER
RESOURCES: The following reports of qualification were before Council:
Darlene L. Burcham for a term commencing March 2, 2004
and ending March 1, 2007; and Robert C. Lawson for a term
commencing March 2, 2004 and ending March 1, 2008, as
members of the Board of Directors, Western Virginia Water
Authority.
Gregory M. Cupka as a Commissioner of the Roanoke
Redevelopment and Housing Authority to fill the unexpired
term of Joseph F. Lynn, resigned, ending August 31, 2007.
1140
Mr. Fitzpatrick 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, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a
communication advising that the Roanoke Arts Commission Agency Funding
Advisory Committee budget, in the amount of $328,932.00, was established by
Council with adoption of the General Fund budget for fiscal year 2004-2005; the
total represents an increase in funding of $6,4S0.00, or two per cent for the
Committee as recommended to Council in February 2004; requests from 19
agencies, totaling $570,500.00, were received; committee members studied each
application prior to an allocation meeting which was held on April 6, 2004;
agencies were notified of tentative allocations and advised that they could appeal
the recommendations, with two appeals having been filed.
The City Manager recommended that Council authorize the transfer of
$328,932.00 from the Roanoke Arts Commission Agency Funding Advisory
Committee, Account No. 001-310-5221-3700, to new line items to be
established within the Roanoke Arts Commission Agency Funding Advisory
Committee budget by the Director of Finance for fiscal year 2004-2005.
1141
Pursuant to discussion by Council during its 9:00 a.m., work session,
Council Member Cutler moved that the $26,750.00 appropriation for the
Harrison Museum of African America Culture be deleted from the ordinance,
pending additional information to be provided by the City Manager. The motion
was seconded by Mr. Dowe and unanimously adopted.
Mr. Fitzpatrick offered the following budget ordinance with deletion of the
line item pertaining to the $26,750.00 appropriation for the Harrison Museum of
African America Culture:
(#36705-060704) AN ORDINANCE to appropriate funds to specific Art
Commission agencies, amending and reordaining certain sections of the 2004-
2005 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 487.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36705-060704, as
amended. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
AYS: None ..................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
Council Member Fitzpatrick advised that he serves on the Board of
Directors, Commonwealth Coach and Trolley Museum, which is recommended for
funding in the amount of $1,600.00; however, he receives no remuneration for
his service.
BUDGET-Y. M. C. A.-GREENWAY SYSTEM: The City Manager submitted a
communication advising that on June 18, 2001, Council adopted the 2002-2006
Capital Improvement Program (CIP); the approved CIP included funding for the
Downtown Family YMCA and Roanoke River Greenway projects; beginning in fiscal
year 2002, the City committed to a $2.0 million investment, to be paid in
$200,000.00 increments over a ten-year period to the Downtown Family YMCA;
funds are available to cover costs associated with the design and construction of a
new central branch YMCA complex; and City residents will receive a discounted
membership rate, which will allow them to visit any YMCA facility including the
facility in the City of Salem.
1142
It was explained that beginning in fiscal year 2002, the City also committed
to contributing $200,000.00 per year for ten years, for a total of $2.0 million, to
the Roanoke River Greenway project and greenway development; greenways have
become a necessary commodity for communities across the United States since
they are viewed as an essential amenity that encourages economic development;
greenways connect people to various aspects of a community such as parks,
shops, schools and neighborhoods; Roanoke currently has several greenway
projects underway in various stages of development, with a core design element
to include connections to Roanoke's primary greenway artery, the Roanoke River
Greenway; and at this point, it would be more advantageous to reallocate
remaining funding from previous allocations and planned subsequent allocations
for general greenway development.
The City Manager noted that Council approved an update to the CIP for
fiscal years 2005-2009 on May 13, 2004, and an appropriation of $200,000.00
for each project in capital fund interest is required in order to meet the City's
obligation for fiscal year 2005.
The City Manager recommended that Council appropriate $200,000.00
from capital fund interest earnings (008-3325) to the Downtown Family YMCA
Account No. 008-620-9757-9003; transfer funding in the amount of
$193,195.00 from Account No. 008-530-9756-9003 to an account to be
established by the Director of Finance entitled, Greenways Development;
appropriate $200,000.00 from capital fund interest earnings (008-3325) to an
account to be established by the Director of Finance entitled, Greenways
Development; and reauthorize subsequent contributions for greenways to be
appropriated to general greenway development.
Mr. Dowe offered the following budget ordinance:
(#33706-060704) AN ORDINANCE to appropriate funding from Capital
Projects Fund Interest Earnings for the YMCA Aquatic Center and the Greenway
Development Projects, amending and reordaining certain sections of the 2003-
2004 General and Capital Projects Funds Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 489.)
1143
Mr. Dowe moved the adoption of Ordinance No. 36706-060704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and
Mayor Smith ........................................................ 5.
NAYS: None ................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
Mr. Dowe offered the following resolution:
(#36707-060704) A RESOLUTION finding that it is in the best interest of
the City to reauthorize previous and subsequent contributions for the Roanoke
River Greenway project to general greenway development.
(For full text of Resolution, see Resolution Book No. 68, Page 490.)
Mr. Dowe moved the adoption of Resolution No. 36707-060704. The
motion was seconded by Mr. Bestpitch.
Council Member Bestpitch advised that his spouse is employed by the
Downtown Family YMCA and inquired if he should abstain from voting on the
resolution; whereupon, the City Attorney advised that there is no conflict of
interest.
Resolution No. 36707-060704 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None ................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
1144
POLICE DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED: The City
Manager submitted a communication advising that the Roanoke Police
Department's Mounted Patrol Unit was established in September 1993, in
partnership with Downtown Roanoke, Inc. (DRI), which formed a separate not-
for-profit tax exempt organization, Roanoke Foundation for Downtown, Inc., to
assist DRI in raising funds for the Police Mounted Patrol Unit; and through a five
year agreement and a subsequent one-year agreement, which was renewed for
two additional one-year periods, DRI has provided financial assistance through
fund raising efforts and established relationships with a variety of local vendors
and suppliers, many of whom provide services and supplies as in-kind
donations, or at reduced prices, through DRI for the Mounted Patrol.
It was further advised that at the end of the subsequent agreement, the
City of Roanoke and DRI entered into a new agreement commencing in
September 2001, with the option to renew for two additional one-year periods,
in which the City of Roanoke would provide $15,000.00 per year to the
Foundation to be used for the benefit of the Mounted Patrol, which agreement
will terminate on June 30, 2004.
The City Manager advised that the Foundation plans to continue to raise
funds and seek donations of goods and services to assist with the needs of the
Mounted Patrol Unit; continued funding by the City is also needed to cover the
cost of equipment, goods and services to the Unit to the extent that such items
are not donated; an agreement between the City of Roanoke and the Foundation
provides for annual funding of $17,500.00; term of the agreement is for a period
of one year from July 1, 2004 through June 30, 2005, with the option to renew
for two additional one-year periods; the agreement requires the City to
indemnify the Foundation if City employees or agents are found guilty of
negligent or intentional acts with respect to the agreement; funding for the
donation of $17,500.00 is provided in the fiscal year 2005 annual budget,
Account No. 001-300-7220-3696; and the Foundation will pay all mounted
patrol expenses as submitted by the City, excluding salaries and benefits of
police officers and ordinary police equipment and uniforms, and comply with the
City's procurement procedures.
The City Manager recommended that she be authorized to execute an
agreement with the Roanoke Foundation for Downtown, Inc., approved as to form
by the City Attorney, within the limits of funds set forth in the communication
and for the purposes as set forth in the communication.
1145
Mr. Cutler offered the following resolution:
· (#36708-060704) A RESOLUTION authorizing an agreement with Roanoke
Foundation for Downtown, Inc., for funding to be used for the benefit of the
Mounted Patrol Unit of the Police Department.
(For full text of Resolution, see Resolution Book No. 68, Page 491.)
Mr. Cutler moved the adoption of Resolution No. 36708-060704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... O.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
Council Member Fitzpatrick advised that he serves on the Board of
Directors, Roanoke Foundation for Downtown, Inc., in which capacity he receives
no remuneration for his service.
CONVENTION AND VISITORS BUREAU-TOURISM: The City Manager
submitted a communication advising that the City of Roanoke has annually
entered into an agreement with the Roanoke Valley Convention and Visitors
Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a
convention and destination tourism site; as part of the annual budget adopted by
Council on May 13, 2004, the Memberships and Affiliations budget included
funding of $541,440.00 specifically designated for the RVCVB; and an additional
$306,000.00 is designated in the annual budget for marketing efforts that will
go to the RVCVB, subject to an adjustment provision as set forth in the
agreement.
It was further advised that the City has negotiated a one-year agreement,
commencing July 1, 2004, with the RVCVB detailing the use of funds; the
agreement provides for the same number of City of Roanoke representatives on
the RVCVB Board of Directors as last year; and contains a mutual indemnity
clause in paragraph 9, which requires approval by Council; and the RVCVB
submitted a detailed report listing accomplishments through April 2004, and an
annual budget and work plan for 2004-2005 will be submitted to the City
Manager for review and approval, upon approval by the RVCVB Board of
Directors.
1146
The City Manager recommended that she be authorized to execute an
agreement, in the amount of $847,440.00, with the Roanoke Valley Convention
Visitors Bureau, in a form to be approved by the City Attorney, for the express
purpose of marketing the Roanoke Valley as a regional destination for convention
and destination tourism, and authorizing the Director of Finance to make the
above referenced adjustment to the Agreement.
Mr. Dowe offered the following resolution:
(#36709-060704) A RESOLUTION authorizing an agreement with the
Roanoke Valley Convention and Visitors Bureau for the purpose of increasing
tourism in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 68, Page 492.)
Mr. Dowe moved the adoption of Resolution No. 36709-060704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... O.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
Council Member Fitzpatrick advised that he serves on the Board of
Directors, Roanoke Valley Convention and Visitors Bureau, in which capacity he
receives no remuneration for his service.
CITY CODE-CITY EMPLOYEES: The City Manager and the Director of Finance
submitted a joint communication advising that City employees accrue monthly
paid leave or vacation, depending upon the leave plan in which they participate;
policies allow for up to 288 hours of paid leave, or 240 hours of vacation leave
and 24 hours holiday leave to be carried forward from one fiscal year to another;
and the City Code currently stipulates June 30 as the date by which employees
must use paid leave, vacation, or holiday time to avoid loss of such leave
balances in excess of the maximum carryover amounts.
1147
It was further advised that the City's payroll processing software reduces
balances to maximum carryover amounts during payroll processing of the first
payroll in July; and because June 30 does not normally coincide with the end of a
payroll cycle, significant resources are utilized each year in adjusting leave
balances to accommodate the use of a June 30 carryover date, rather than an
annual leave cutoff date which corresponds to the end of a pay period.
It was explained that efficiencies may be gained throughout the
organization in handling the leave carryover policy if the annual leave cutoffdate
is changed to correspond with the end of the payroll period that coincides with
the first payday in July, instead of using the constant date of June 30; in the
current fiscal year, the proposed policy change will allow employees until July 5
to use paid leave, vacation, or holiday hours in excess of carryover amounts to
avoid losing such excess balances; in some years, the cutoff date for the first
payday in July will fall within the last few days of June, but in every year,
employees will be granted 26 pay periods in which to use leave; and in every
year, the cutoff date will coincide with the end of a payroll period and will be well
communicated to employees through various means such as the weekly
electronic newsletter, the C/ty Corner, and Human Resources contacts who
represent each department.
Ms. Burcham and Mr. Hall advised that City departments were polled
regarding the proposed change in policy, and favorable feedback was
consistently received by those who responded; estimated savings from the
change in policy exceeds 200 hours annually, City-wide; and changing the policy
also reduces the risk of error of leave balances due to reduction of manual
intervention in maintenance of the balances; one time exception to the amount
of holiday leave carry forward is also recommended for this year only, since the
last day of the pay period,July 5, is a holiday, which will allow all employees to
carry forward 32 hours of holiday time instead of the 24 hours typically allowed.
The City Manager and the Director of Finance recommended that Council
adopt an ordinance to amend the City Code to redefine the annual leave cutoff
from June 30 to the end of the pay period that coincides with the first payday in
July, which will be the date by which employees need to use paid leave, vacation,
or holiday balances before they are reduced to maximum carryover amounts.
1148
Mr. Cutler offered the following ordinance:
(#36710-060704) AN ORDINANCE amending subsection (c) of §2-37,
Offide hours, work weeks and holidays, of Division 1, Generally, §2-48,
Applicability, and subsection (g) of §2-49, Vacation leave, of Division 2, Vacation
Leave and Sick Leave, amending §2-53, Applicability; eliqibility to elect coveraqe,
by the addition of new subsections (b), (c) and (e), and amending subsections (b),
(e) and (f) of §2-54, Paid leave, of Division 3, Paid Leave and Extended Illness
Leave, of Article III, Officers and Employees, Chapter 2, Administration, Code of
the City of Roanoke (1979), as amended, by changing the leave accumulation
date for the fiscal year to the cutoff date of the pay period for the first July pay
day in each year; establishing and defining a time by which employee leave must
be used prior to the annual carryover of leave time limits being calculated which
normally would be June 30 of each fiscal year; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 493.)
Mr. Cutler moved the adoption of Ordinance No. 36710-060704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
ZONING-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that previously, Council was briefed on a conceptual
plan that was developed by urban design firm, The Lawrence Group, which would
provide for development of an 11 acre tract of land in the Roanoke Centre for
Industry and Technology (RCIT), located at the northeast corner of Blue Hills
Drive and Orange Avenue, for a range of commercial uses that would take
advantage of the visibility and access provided by Orange Avenue and
complement and support the existing light industrial development in the Centre.
1149
It was further advised that in order to move the conceptual plan forward, a
petition has been prepared which requests the rezoning of the property from its
current LM, Light Manufacturing District, zoning designation to C-2, General
Commercial District, subject to certain proffered conditions; proffers include
limitations on the range of permitted commercial uses, prohibition of access
directly from Orange Avenue and limitations on freestanding signage; and in
addition, the property is governed bya set of restrictive covenants of RCITwhich
address other site development issues such as location of on-site parking,
placement of buildings and landscaping of the site.
The City Manager recommended that she be authorized to file a petition to
rezone property located at the northeast corner of Blue Hills Drive and Orange
Avenue, N. E., identified as Official Tax No. 7160113, from LM, Light
Manufacturing District, to C-2, General Commercial District, subject to certain
conditions as set forth in the petition for rezoning.
Mr. Dowe offered the following resolution:
(#36711-060704) A RESOLUTION authorizing the filing of a petition to
rezone property which is owned by the City of Roanoke and which is designated
as Official Tax No. 7160113, subject to certain proffers.
(For full text of Resolution, see Resolution Book No. 68, Page 498.)
Mr. Dowe moved the adoption of Resolution No. 36711-060704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. S.
NAYS: None ................................................... O.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
CITY TREASURER-TAXES: The City Treasurer reported that as of May 31,
2004, $15.6 million was collected by the City Treasurer's Office representing
personal property tax payments.
1150
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Fina~cial Report for the City of Roanoke for the month of April 2004.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
for the month of April 2004 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
ZONING: Council having held a public hearing on Monday, May 20, 2004,
on a request of Fudds of S. W. VA, Inc., to rezone property located at 3659
Orange Avenue, N. E., Official Tax No. 7110122, from RS-3, Residential Single
Family District, to C-2, General Commercial District, subject to certain conditions
proffered by the petitioner as contained in the petitioner's Fifth Amended
Petition flied on April 12, 2004, and following the public hearing, Council
referred the matter to City Planning staff to address additional proffers
submitted by the petitioner, the matter was again before the body~
R. Brian Townsend, Director, Planning, Building and Development,
presented a report advising that since Council's action to refer the matter to
staff, the petitioner has developed a modified set of proffered conditions
contained in a Sixth Amended Petition which was filed in the City Clerk's Office
on June 1, 2004, as follows:
1. The property shall be used only for the following uses:
Permitted uses:
1)
Dwellings located above ground floor
nonresidential uses.
2) Nonprofit counseling facilities and services.
3)
Day care centers with unlimited capacity subject
to the requirements of Section 36.1-510 et seq.
1151
4)
Libraries, museums, art galleries and art studios
and other similar uses including associated
educational and instructional activities.
5) Clubs, lodges and fraternal organizations.
6) Post offices.
7)
Indoor recreational uses including bowling alleys,
indoor tennis courts, squash courts, fitness
centers and other similar uses.
8) Theaters with unlimited seating capacity.
9)
Outdoor recreational facilities including swimming
clubs, tennis courts, athletic facilities and other
similar uses.
10)
General and professional offices including
financial institutions.
11) Medical clinics.
:12) Medical offices.
13)
General service establishments, except that
general service establishments primarily engaged
in the repair or maintenance of motor vehicles
shall not be permitted.
14) Funeral homes.
15) Restaurants.
16) Hotels, motels, and inns.
1152
17)
18)
19)
General retail establishments primarily engaged in
the retail sale or rental of merchandise, goods, or
products except automobiles, trucks, or
construction equipment; and including the
incidental repair and assembly of merchandise,
goods or products to be sold on the premises.
Food stores with unlimited gross floor area.
Neighborhood and highway convenience stores,
provided that no motor vehicle service station
canopy over a gas pump island shall be allowed,
unless:
Such canopy shall have a maximum clear,
unobstructed height to its underside not to
exceed fourteen (14) feet six (6) inches and
a maximum overall height not to exceed
sixteen (16) feet six (6) inches;
There shall be no illumination of any portion
of the fascia of the canopy;
Any lighting fixtures or sources of light that
are a part of the underside of the canopy
shall be recessed into the underside of the
canopy so as not to protrude below the
canopy ceiling. All such lighting associated
with the canopy shall be directed downward
toward the pump islands and shall not be
directed outward or away from the site;
The vertical dimension of the fascia of
such canopy shall be no more than
two (2) feet; and
Signs attached to or on such canopy shall
not be illuminated and shall not extend
beyond the ends or extremities of the fascia
of the canopy to which or on which they are
attached.
1153
20) Auto accessory sales with related installation.
21) Automobile cleaning facilities.
22)
Storage and warehouse activities which are
accessory to a retail use where all storage
activities are wholly enclosed in a building which
is located on the same lot as the retail use and
where the gross floor area of buildings used for
storage activities does not exceed fifty (50)
percent of the gross floor area of the retail use.
23) Veterinary clinics with no outside corrals or pens.
24) Kennels with no outside pens or "runs."
25) Plant nurseries and greenhouses including those
with retail sales.
26) Commercial printing establishments which print
newspapers, publications, and other materials.
27) Personal service establishments.
28) Business service establishments.
Special Exception Uses:
l)
Fast food restaurants, so long as a special
exception is granted.
2)
Establishments engaged in the retail sale of
building supplies where all or a portion of related
storage and display activities are not wholly
enclosed in a building, provided the outdoor
storage or display area accessory to a building and
has a maximum area no greater than ten (10)
percent of the gross floor area of the building, so
long as a special exception is granted.
1154
3)
Mini-warehouses provided that the total gross
floor area of storage buildings shall not exceed
twelve thousand (12,000) square feet, so long as a
special exception is granted.
4)
Establishments primarily engaged in the wholesale
distribution of goods where all related activities
are wholly enclosed in a building provided that
and so long as a special exception is granted:
The total gross floor area of buildings on a
lot shall not exceed twelve thousand
(12,000) square feet.
The use is located on a major arterial road or
highway.
5)
Manufacturing, assembly, mixing, processing or
other processes which are accessory to a retail
use, where all such activities are wholly enclosed
in the same building as the retail use and where
no more than five (5) people are involved in such
processes on the premises, so long as a special
exception is granted.
6)
Medical laboratories, so long as a special
exception is granted.
That the first use to be developed on the property shall be a
restaurant.
That there shall be no more than one (1) curb cut on Orange
Avenue serving the property.
That there shall be no more than two (2) freestanding signs
serving the property.
1155
That the storm water detention facility for the property shall
be located underground.
That a minimum of one (1) tree shall be planted for every six
(6) parking spaces located on that portion of the property
being developed for a restaurant. Said trees shall be located
in the interior and perimeter of the parking lot. At least fifty
percent (50%) of said trees shall be a minimum of two and
one half (2 ~) inches caliper in diameter at the time of
planting.
That no more than twenty five percent (25%) of the number
of parking spaces on the property shall be located between
the face of any building and Orange Avenue.
Mr. Townsend advised that proffers contained in the Sixth Amended
Petition provide appropriate limitations on future use, given the location of the
site at a significant corridor gateway into the City; in addition, the amended
petition contains proffers that also address limitations to vehicular access to the
site and to on-site freestanding signage which are consistent with V/sion2OOZ-
2020 development policies; proffers relating to underground storm water
detention, provision of parking lot landscaping, and a limitation on the amount
of on-site parking to be located between the public right-of-way and buildings
on the site provide parameters on future development of the site in a manner
that appropriately addresses policies contained in the Comprehensive Plan;
therefore, given the additional proffers contained in the Sixth Amended Petition,
staff recommends that Council approve the rezoning, subject to certain
conditions proffered by the petitioner.
Mr. Fitzpatrick offered the following ordinance:
(#36712-060704) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading of
this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 68, Page 499.)
1156
Mr. Fitzpatrick moved the adoption of Ordinance No. 36712-060704. The
motion was seconded by Mr. Dowe.
Maryellen F. Goodlatte, Attorney, representing Fudds of S. W. VA., Inc.,
advised that her client concurs in the proffers and appreciates the opportunity to
work with City staff on compromise proffers.
Ordinance No. 36712-060704 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... 0.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
WATER RESOURCES-UTILITIES-WESTERN VIRGINIA LAND TRUST-
ENVIRONMENTAL POLICY: Council Member Cutler commended the City's Utility
Department, specifically Michael McEvoy, Director, and Carol Davit,
Environmental Communications Coordinator, for their roles in connection with a
publication by the Western Virginia Land Trust entitled, Saving Your Land and
Water, Carvins Cove Watershed and Catawba Va//ey, which was sent to all
residents of the Carvins Cove and Catawba Valley areas.
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.
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COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue, N. W., expressed
concern with regard to Iow wages paid to City employees, racism in the City of
Roan. oke; lack of affordable housing, and funds expended by the City toward
economic development in downtown Roanoke.
CITY MANAGER COMMENTS:
CITY MANAGER: The City Manager called attention to a photo contest for
the 2005 City of Roanoke Municipal Calendar and encouraged citizens to
participate by submitting photographs of people, places and activities within the
community that demonstrate the livability of the City of Roanoke. She advised
that photographs will be accepted between June I and August 1, and 13
photographs will be selected.
DECEASED PERSONS: The Mayor advised that Mr. E. Duane Howard, 508
Walnut Avenue, S. W., has placed a memorial book at the Main Roanoke Public
Library for citizens to sign in memory of former President Ronald L. Reagan who
passed away on Saturday, June 5, 2004, and the memorial book will be forwarded
to the 'Reagan family at a later date.
At 2:55 p.m., the Mayor declared the meeting in recess for two briefings to
be followed by one Closed Session which was previously approved by Council.
The Council Meeting reconvened at 3:05 p.m., in the Council's Conference
Room, with all Members of the Council in attendance, except Council Member
Wyatt and Vice-Mayor Harris, Mayor Smith presiding..
ZONING: Nancy Snodgrass, Acting Zoning Administrator, presented.a
zoning ordinance update. She advised that:
The public discussion phase of the proposed zoning ordinance
has been completed; and approximately 1,100 comments are
listed on a spreadsheet prepared by City staff.
The Steering Committee will reconvene and meet throughout
the months of June and July; and it is anticipated that the
Steering Committee's work will be completed by August 30.
1158
Staff will review the spreadsheet of citizen comments and
provide the Steering Committee with responses and
recommendations.
A total of 11 focus groups were facilitated, and seven open
houses were held, including one at Valley View Mall on
Citizens Appreciation Day in April.
Every effort was made to engage people in dialogue and
toward the end of the process, concerns were raised by some
persons that the business community was not involved,
therefore, an additional focus group was appointed based on
recommendations from the Roanoke Valley Chamber of
Commerce.
Meetings have been scheduled at the request of various
neighborhood groups, and meetings have been held with
representatives of Old Southwest, Inc., Neighbors in South
Roanoke, the Gainsboro Steering Committee, a meeting is
scheduled inJulywith the Gilmer neighborhood; and meetings
were held on two occasions with the Executive Committee of
Downtown Roanoke, Inc., to discuss specific concerns.
The meeting schedule of the Steering Committee is posted on
the City's website.
From a builder's/developer's perspective, the Mayor expressed
concern with regard to over regulation of zoning/construction in the City
of Roanoke.
BONDS/BOND ISSUES:
Bond Refinancing Update:
The Director of Finance called attention to the last bond refunding in
February, 2004 in which the City refunded approximately $43 million of the 1996
and 1999 bond series, which resulted in a savings over future years as the bonds
are paid off of approximately $1.8 million. He advised that:
1159
When bonds are refunded, proceeds are taken from the new
issue and placed in an ecrowaccount in order to purchase state
and local government securities, or treasury bills, which are
designed specifically for bond refunding for state and local
governments where they are issued to match maturities of state
and local government securities, also known as SLGS.
The Bureau of Debt will allow localities to take such actions if
they accept the maturity dates of the SLGS to match maturity
dates of bonds to be paid off which the City purchased in
February at the then market/interest yield.
The City's bond underwriter developed a program to monitor
the changing yields on SLGS; by working with the bond
underwriter, the bond attorney, the City's financial advisor,
the City Attorney, and the Assistant City Manager, an
agreement was entered into to redeem the original issue of
SLGS and the City realized approximately $764,000.00.
Because the $764,000.00 of savings is related to bonds, under
the Virginia Public Finance Act, it is considered to be new
money that citizens have not voted on, or have not been
subject to authorization by the local governing body, similar
to the issuance of debt.
A portion of the money can be spent following a public
hearing by appropriating the funds to a capital improvement;
and in the case of the City of Roanoke, $470,000.00 of the
$764,000.00 can be appropriated and applied toward capital
improvements, with the remainder of $294,000.00 required to
be used to pay outstanding principal and interest amounts on
the refunding bonds.
The bonds that were issued in February 2004 have a principal
payment due in fiscal year 2005 of $195,000.00.
1160
A public hearing has been advertised for Monday, June 21,
2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the remainder of the upcoming bond issue project,
or those projects that have not been authorized by Council to
date, which includes $470,000.00 for a capital equipment
project.
The Director of Finance and the City Manager advised that following the
public hearing on Monday, June 21, 2004, it is recommended that $470,000.00
be applied toward purchase of the City's new financial system and $197,000.00
is recommended to fund debt repayment in fiscal year 2005, which is included in
the City's fiscal year 2005 budget, leaving $97,000.00 to recover in fiscal year
2006 for debt repayment from the refunding bonds.
Question was raised as to the amount of savings realized by the City as a
result of bond refinancing over the past several years; whereupon, the Director of
Finance advised that he did not have the exact figure at hand, but the City paid
offa garage that had a high interest rate, the HUD loan was refinanced, and three
bond refinancings have been done within the last approximately ten months.
There was discussion in regard to the length of time before bonds can be
called without penalty; whereupon, Mr. Hall responded that there is typically a
ten year call provision which is not legally required, but is a marketability issue;
the City has financial advisors all over the state who watch the City's bonds, run
calculations and offer to serve as the underwriter to reissue or refund bonds; and
last year alone the City had at least five different financial advisors.
At 3:20 p.m., the Mayor declared the Council meeting in'recess for one
Closed Session.
At 3:40 p.m., the Council meeting reconvened in the Council Chamber,
with Mayor Smith presiding and all Members of the Council in attendance, with
the exception of Council Member Wyatt and Vice-Mayor Harris.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member 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 Council Member Fitzpatrick and
adopted by the following vote:
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AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor
Smith .............................................................. 5.
NAYS: None .................................................... O.
(Council Member Wyatt and Vice-Mayor Harris were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:42 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
1162
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
June 21,2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
June 21, 2004, 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, Regular Meetings, Code of the City of Roanoke
(1 979), as amended, and pursuant to Resolution No. 36414-070703 adopted
by the Council on Monday, July 7, 2003.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., C. Nelson Harris,
Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and
Mayor Ralph K. Smith ............................................... 7.
ABSENT: None ............................................... O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Harris offered the
following resolution paying tribute to the Honorable Ralph K. Smith, Mayor of
the City of Roanoke, from July 1,2000 through June 30, 2004.
1163
(#36713-062104) A RESOLUTION paying tribute to the Honorable
Ralph K. Smith, Mayor of the City of Roanoke, and expressing to him the
appreciation of this City and its people for his exemplary public service.
(For full text of resolution, see Resolution Book No. 68, Page 501 .)
Mr. Harris moved the adoption of Resolution No. 36713-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler and
Dowe ............................................................. 6.
NAYS: None .................................................. 0.
(Mayor Smith abstained from voting.)
Mayor Smith advised that it has been the greatest honor of his life to
serve in the capacity of Mayor and he will always owe a debt of gratitude to the
citizens of Roanoke for electing him to the post of Mayor. He offered his
service to the citizens of Roanoke in the future in any way that he might be of
service.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Harris offered the
following resolution paying tribute to the Honorable William D. Bestpitch for his
service as a member of the Roanoke City Council from July 1, 2004 through
June 30, 2004:
(#36714-062104) A RESOLUTION paying tribute to the Honorable
William D. Bestpitch and expressing to him the appreciation of this City and its
people for his exemplary public service.
(For full text of resolution, see Resolution Book No. 68, Page 503.) ---
1164
Mr. Harris moved the adoption of Resolution No. 36714-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and
Mayor Smith ....................................................... 6.
NAYS: None ................................................. 0.
(Council Member Bestpitch abstained from voting.)
Council Member Bestpitch advised that he will miss many things about
serving on Roanoke City Council, but the thing he will miss the most is the
opportunity to see the many citizens of this City who are willing to volunteer
their time on a regular basis. He stated that it has been amazing over the past
four years to see the amount of time, energy and diligence that so many
citizens who volunteer on boards and commissions have devoted to their City;
it has been a privilege to see first hand what volunteers do for the City, usually
with very little recognition and often during times when persons, who are not
actively involved in the process, express criticism or complaints. He added that
if one half of the citizens of the City of Roanoke did half as much as the
volunteers who serve on boards and committees, it would not be necessary for
City Council to meet twice monthly.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Dowe offered the
following resolution paying tribute to the Honorable Linda F. Wyatt for her
service as a member of Roanoke City Council from July 1, 2000 through
June 30, 2004:
(#36715-062104) A RESOLUTION paying tribute to the Honorable
Linda F. Wyatt and expressing to her the appreciation of this City and its people
for her exemplary public service.
(For full text of resolution, see Resolution Book No. 68, Page 505.)
1165
Mr. Dowe moved the adoption of Resolution No. 36715-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler, Dowe and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Wyatt abstained from voting.)
Council Member Wyatt advised that the second biggest honor of her life
was serving for ten years on Roanoke City Council; and the first honor was
bestowed upon her by the parents of the City of Roanoke when they allowed
her to teach their children for more than three decades in the Roanoke City
Public School System. She expressed appreciation to the citizens of Roanoke
for placing their trust and confidence in her as a Member of Council and during
that time she did what she believed was in the best interest of the citizens of
Roanoke, even though there are those who might agree and those who do not.
She advised that as she looks back on the past ten years in regard to where the
City was.and where it has come, she is grateful to have had a small part in
helping the City to grow and much of the City's progress is due to the efforts of
citizens of the Roanoke Valley and specifically the City of Roanoke. She stated
that Roanoke is a great place with wonderful people who have the City's best
interests at heart and as long as Roanoke has people who care about their City
and actively want to engage in what is best for their City, the City of Roanoke
will grow and become the best it can be. She expressed appreciation to the
citizens of Roanoke for the honor of serving as a member of the Roanoke City
Council for the past ten years.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Harris offered the following
resolution paying tribute to Dr. E. Wayne Harris, Superintendent of Roanoke City
Public Schools from July 1, 1993 through December 31, 2004:
1166
(#36716-062104) A RESOLUTION paying tribute to Dr. E. Wayne Harris,
Superintendent of Schools for the Roanoke City Public Schools, and expressing
to him the appreciation of this City and its people for his public service to our
community and its children.
(For full text of resolution, see Resolution Book No. 68, Page 507.)
Mr. Harris moved the adoption of Resolution No. 36716-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
Dr. Harris advised that it has been an honor and a pleasure for him to
serve as Superintendent of Roanoke City Public Schools for the past 11 years,
and almost one third of his career has been spent in the City of Roanoke. He
stated that the Roanoke City School System is an outstanding school district,
and submitted that Roanoke City's academic achievements over the past six to
eight years stands in the top ten per cent of any city school district, large,
medium or small, in the country, and he is proud of that accomplishment
because it means~that teachers, principals and support staff have focused on
the core mission of the business of the schools. He saluted teachers,
administrators and all of the support staff who work behind the scenes who
rarely receive credit for the work they do; and he trusts that Council
understands the deep commitment and competence of the people who take
care of the children who attend Roanoke's schools because it is on their watch
that Roanoke City Schools has been able to move forward. He expressed
gratitude for having been a part of the progress of Roanoke City Schools for the
past 11 years.
ACTS OF ACKNOWLEDGEMENT-TREES: Daniel J. Henry, City of Roanoke
Urban Forester, presented Council Member William D. Bestpitch and
1167
Council Member M. Rupert Cutler with a commemorative tree program sign and
memento in recognition of their support of the City's urban forest. He advised
that at the urging of Council Member Bestpitch, the City Manager appointed a
citizen based, urban forestry task force to address the problem of the declining
tree canopy in the City; Mr. Bestpitch served as liaison to the task force and Mr.
Cutler volunteered to serve as a citizen member of the task force prior to his
election to City Council. He stated that the task force developed an Urban
Forestry Plan which is designed to restore Roanoke's tree canopy and Council
adopted the plan as an element of Roanoke's Comprehensive Plan; an initiative
of the Urban Forestry Plan was the development of a commemorative tree
program which allows individuals and organizations to donate trees to the City
of Roanoke in honor of or in memory of a loved one, or to commemorate a
person, event or idea; Mr. Bestpitch and his wife, Sherri, donated the program's
first tree to the memory of Mr. Bestpitch's two grandfathers: E. W. Bestpitch and
James Hart, and in October 2003, an oak tree was planted in Highland Park in
their memory; and a second tree was donated by Gary and Barbara Duerk in
honor of Council Member Cutler and was planted in Fishburn Park at the annual
greenway picnic. He presented Council Members Bestpitch and Cutler with a
shadow box documenting the tree donations with information on the trees and
their location and advised that signs will be placed in the ground at the base of
each tree.
Mr. Henry was requested to provide an update on tree planting in the City
of Roanoke; whereupon, he advised that approximately 500 trees were funded
for planting on City property this year, however, as a result of good purchasing
practices, 700 trees were actually planted on City property through the fall and
spring programs; an effort is made to plant trees in areas where they are
needed the most, including parking lots, downtown areas, and residential
areas; and eight commemorative trees were planted this year.
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
1168
discussion was desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to two requests for
Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 5, 2001; the regular meeting of Council held on Monday, April 19,
2004, recessed until Thursday, April 22, 2004, and recessed until Friday,
April 30, 2004; and the special meeting of Council held on Thursday, April 29,
2004, were before the body.
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 Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting
that Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (] 950), 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 Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
1169
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 performance evaluations of Council-Appointed
Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of Council
Member Dowe 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 Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from John
Renick, Secretary, advising of the resignation of Joe Schupp as a member of the
Roanoke Neighborhood Advocates, 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 Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMUNITY PLANNING: The following item was sponsored by
1170
Mayor Smith and Council Member Bestpitch.
Dr. Mindy Thompson Fullilove, author of Root Shock: How Tearinq Up
City Neiqhborhoods Hurts America and What We Can Do About It, in which
significant portions of the book are devoted to the history of urban renewal in
Roanoke, as well as in Pittsburgh, Pennsylvania, Newark, New Jersey, and other
cities, addressed Council with regard to the consequences of urban renewal
which was conducted in the 1950's and 1960's.
She advised that one might think of urban renewal as having happened in
the past although research conducted by her team suggests that, in fact, the
effects of urban renewal are ongoing at the present time and have the potential
to be with us for the foreseeable future; Mary Bishop's two articles in The
Roanoke Times, 'Street by Street, Block by Block" and "Invisible Inner City"
. provide a detailed picture of the destruction caused by urban renewal; in "Street
by Street", Ms. Bishop revealed the massive losses incurred by African
Americans residing in the urban renewal area, including the loss of financial
capital, social organization and unity; and in "Invisible Inner City", she
documented the deterioration of inner City communities that flanked the urban
renewal era.
Dr. Fullilove further advised that the geographic proximity of urban
renewal neighborhoods and deteriorating inner City neighborhoods is not an
accident; urban renewal typically displaced people to circumjacent
neighborhoods; to the extent that these neighborhoods were as old, or nearly
as old as the urban renewal areas, they differed little from the urban renewal
neighborhoods in the likelihood that they would be thought of as "blighted" and
"unsuitable" for investment; though redlining is considered outmoded, the
tendency to invest in new buildings and to steer money away from old
buildings, especially when they are reoccupied by black people, has occurred
throughout America; thus, the circumjacent neighborhoods themselves were
marked for minimal investment or disinvestment and soon collapsed from over
use and under repair.
She stated that her research team considers that this is a contagious
1171
process in which destruction and/or disinvestment force people from one
'neighborhood to the next; distinction/disinvestment follows the people which
is a chain reaction of movement, followed by collapse, followed by movement
that is set in motion and has no end in sight. She further stated that Roanoke is
engaged in such a chain reaction; and on Tuesday, June 22, 2004,
Richard Florida will be in Roanoke arguing that cities can prosper by offering an
exciting place for creative people to live; however, in her view, the chain
reaction of movement/destruction works directly against such a project of
creating a diverse, open, exciting lifestyle in an urban setting.
Dr. Fullilove added that the chain reaction of movement/collapse can be
stopped by a new program of equitable distribution of resources, but it will not
stop of its own accord; what must be done is a program of investment in inner
city areas; and such investment should be made under the leadership of current
residents, otherwise, the situation may swing from disinvestment to
gentrification, which is just as powerful a force for displacement of the poor.
She advised that investment takes time to show results; thus, it is
important to have a concurrent program of place-making; place-making
projects create parks, trails, gathering spaces, nature sanctuaries, and other
inventions to reanimate places that have been left sterile by destruction or
mindless development; and such interventions must be led by local people so
as to solidify the sense of democracy and inclusion in the City.
Dr. Fullilove stated that all cities like Roanoke need to have a deeper
understanding of the importance that inter-neighborhood collaboration can
have for the common good, and suggested the following processes:
Citizens of Roanoke should read Root Shock together.
Citizen participation in the organization of a series of block
parties, initially gathering people on their own blocks, and
after that, a new kind of block party in which people extend
hospitality to their neighbors from the other side of town.
1172
In closing, Dr. Fullilove advised that Roanoke resembles the mass of
American cities in not being consistently fine, but Roanoke has a most unusual
charm and, it is believed with consistent application of resources in a
democratic manner, Roanoke could be one of the finest cities in the nation.
On behalf of the Council the Mayor expressed appreciation to Dr.
Fullilove for her presentation.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The City Manager
submitted a communication advising that The Hotel Roanoke Conference
Center Commission was created by the Virginia General Assembly in 1991 to
construct, equip, maintain and operate the Conference Center of Roanoke
adjacent to The Hotel Roanoke; the City of Roanoke and Virginia Tech are
participating entities in the Commission; in 1992, Council authorized
establishment of an Agency Fund entitled, "Hotel Roanoke Conference Center
Commission"; the Commission's enabling legislation allows participating
parties equally to contribute funds to the Commission to fund operating
deficits of the Commission and to enable the Commission to expend such
revenues for proper purposes; the budget must be approved by each of the
participating entities; Council included funding in the fiscal year 2004-2005
General Fund adopted budget to be used for such purposes; and The Hotel
Roanoke Conference Center Commission recommends a fiscal year 2004-2005
operating budget totaling $3,897,000.00 for consideration by Council.
The City Manager recommended that Council approve The Hotel Roanoke
Conference Center Commission budget for fiscal year 2004-2005, appropriate
1173
$200,000.00 to Conference Center Commission Fund accounts, and
establish revenue estimates of $100,000.00, each, for City and Virginia Tech
contributions.
Mr. Bestpitch offered the following budget ordinance:
(#3671 7-062104) AN ORDINANCE adopting the Annual Operating Budget
Hotel Roanoke Conference Center Commission for the fiscal year 2004-2005
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 509.)
Mr. Bestpitch moved the adoption of Ordinance No. 3671 7-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
Mr. Bestpitch offered the following resolution:
(#36718-062104) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal Year
2004-2005.
(For full text of resolution, see Resolution Book No. 68, Page 510.)
Mr. Bestpitch moved the adoption of Resolution No. 36718-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
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NAYS: None ................................................ O.
BUDGET-GRANTS: The City Manager submitted a communication
advising that CDBG, HOME and ESG funds provide for a variety of activities
ranging from housing and community development to homelessness prevention
and economic development through the U. S. Department of Housing and
Urban Development (HUD); the City has received these entitlement grant funds
for over 20 years and must reapply annually to HUD to receive such funding; on
May 13, 2004, pursuant to Resolution No. 36695-051304, Council authorized
filing the three separate funding applications as part of approving the
submission of the Annual Update to the Consolidated Plan to HUD.
It was further advised that the funding release process is underway, and
HUD's letter of approval is forthcoming granting the City access to its 2004-
2005 CDBG, HOME and ESG entitlements; the Annual Update approved by
Council included $3,764,299.00 in new entitlement funds, anticipated program
income and funds unexpended from prior year accounts; actions recommended
include appropriation of an additional $62,526.00 received during the current
fiscal year; the additional funds will be appropriated into unprogrammed
accounts for use in future activities and will be incorporated into the
Consolidated Plan at a later date through a revision or amendment; acceptance
of the funds and appropriation or transfer to certain accounts are needed to
permit 2004-2005 activities to proceed; and acceptance of the 2004-2005
HOME entitlement requires $92,578.00 in local match, which requirement will
be satisfied by excess matching funds banked in previous years from such
sources as volunteer labor and income from a closed out Urban Development
Action Grant used to support HOME program activities.
The City Manager recommended that Council:
Adopt a resolution accepting the 2004-2005 CDBG, HOME and ESG
entitlement funds as detailed below, contingent upon receipt of the
approval letter from HUD;
CDBG 2004-05 Entitlement
HOME 2004-05 Entitlement
ESG 2004-05 Entitlement
TOTAL
$2,207,000.00
808,299.00
80,731.00
$3,096,030.00
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Authorize the City Manager to execute the required Grant
Agreements, Funding Approval, and other forms required by HUD in
order to accept the funds to be approved as to form by the City
Attorney.
Appropriate $3,096,030.00 entitlement and $515,051.00 in
anticipated program income to revenue and expenditure accounts
in the Grant Fund to be established by the Director of Finance.
increase the revenue estimate in the following CDBG revenue
account:
108 Repay 035-G04-0400-2434 $11,166.00
Appropriate funds listed above to the following CDBG expenditure
account:
Unprog CDBG-Section 108 035-G04-0440-5188 by $11,166.00
Increase the revenue estimates in the following HOME revenue
accounts:
HOME Program Income
FISCAL YEAR 2003
Home Program income
FISCAL YEAR 2004
035-090-5325-5325
035-090-5326-5326
$41,830.00
$18,142.00
Appropriate funds listed above to the following HOME
expenditure accounts:
1176
NNEO 5th Street Gateway Project 035-090-5325-5309 by
$8,612.00
Unprogrammed PI FY2003 035-090-5325-5458 by
$33,218.00
Unprogrammed PI FY2004 035-090-5326-5459 by $18,142.00
Transfer $144,606.00 in CDBG and HOME accounts from prior
years to projects included in the 2004-2005 CDBG and HOME
programs.
Mr. Cutler offered the following budget ordinance:
(#36719-062104) AN ORDINANCE to appropriate funds for the
Community Development Block Grant, HOME Investment Partnerships Program
and Emergency Shelter Grant Program, amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 511.)
Mr. Cutler moved the adoption of Ordinance No. 36719-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA which is one of the organizations recommended for
funding.)
Mr. Dowe offered the following resolution:
(#36720-062104) A RESOLUTION accepting the Fiscal Year 2004-2005
1177
funds for the Community Development Block Grant (CDBG) program, the HOME
Investment Partnerships program (HOME) and the Emergency Shelter Grant
(ESG) program and authorizing the City Manager to execute the requisite Grant
Agreements with the United States Department of Housing and Urban
Development (HUD).
(For full text of ordinance, see Ordinance Book No. 68, Page 516.)
Mr. Dowe moved the adoption of Ordinance No. 36720-062104. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA which is one of the organizations recommended for
funding.)
BUDGET-SIGNS/BILLBOARDS/AWNINGS: The City Manager submitted a
communication advising that a vehicular accident resulted in the damage and
eventual removal of an overhead sign structure on Orange Avenue between
Williamson Road and 1-581; earlier this year the responsible insurance carrier
issued a check to the City of Roanoke in the amount of $46,882.00 to repair
and re-install the sign structure; the funds were received in Miscellaneous Third
Party Revenue, Account No. 008-008-1234; and the City is preparing to let a
contract for the sign to be re-installed and funds will be needed to cover the
work.
The City Manager recommended that Council establish a revenue
estimate for $46,882.00 received in Miscellaneous Third Party Revenue,
Account No. 008-008-1234, and appropriate the same amount to a new
account to be titled Transportation infrastructure Improvement fiscal year 04-
09, Account No. 008-052-9606.
1178
Mr. Dowe offered the following budget ordinance:
(#36721-062104) AN ORDINANCE to appropriate insurance proceeds
received from a damaged sign to the Roadway Safety Improvement Program,
amending and reordaining certain sections of the 2003-2004 Capital Projects
Fund Appropriations and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 51 7.)
Mr. Dowe moved the adoption of Ordinance No. 36721-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
communication advising that in October 2003, members of Council were
briefed on a joint effort between the City and Roanoke County to develop and
construct a regional driving range facility to be shared by each locality; since
that time, the City and the County have been working to develop a regional
driver training facility located.on 30 acres of the same tract of land as the
regional firing range; once completed, the site will have a two-bay garage area,
driving tower, classroom, covered bleachers, 1,800 feet of guardrails, cement
skid pad, and 3,700 feet of paved roadway; and development costs are
projected at approximately $547,000.00 and will be shared equally, with the
City's share projected at approximately $273,500.00.
It was further advised that the driver training facility will be under the
joint direction and supervision of a driver training facility-governing committee
consisting of two representatives appointed by the Chiefs of Police from the
City and the County; an agreement between the City of Roanoke and
1179
Roanoke County provides for contributions of assets or funds of equal value for
construction of and improvements to the Police Driver Training Facility; once
the facility is completed, the City and Roanoke County will contribute funds in
equal parts toward operating expenses of the facility; expenditures for the
normal annual operation, maintenance and upkeep of the facility are estimated
at approximately $40,000.00; the City's share of operating costs will be
provided through the Roanoke Police Department's fiscal year 2004-05
operating budget; and for repair of specific instances of damages exceeding
$499.99, which are attributable to an identified incident, the department of the
employee responsible for such damages shall be responsible for all repair
COSTS.
The City Manager stated that the initial term of the agreement provides
that each entity should voluntarily aid and assist each other in the driver
. training of police personnel and combine potential resources to be used to
construct the facility for the use and good of both parties; however, neither
party is currently bound by a long-term commitment to the police driver
training facility; funding for the City's share of developmental costs has been
identified from Federal Asset Forfeiture funds; and $63,392.00 in ATF funds is
available in Account No. 035-640-3335-3346, with the remaining balance of
$210,108.00 to be funded from Federal Asset Forfeiture revenues anticipated in
the Grant Fund budget.
The City Manager recommended that she be authorized to execute an
agreement with Roanoke County, to be approved as to form by the City
Attorney; that Council authorize transfer $63,392.00 from ATF Account No.
035-640-3335-3346, to an account to be established in the Capital Projects
Fund by the Director of Finance; and increase the revenue estimate for Federal
ForfeiIure Funds by $210,108.00, and appropriate the same to an account to be
established by the Director of Finance.
Mr. Cutler offered the following budget ordinance:
(#36722-062104) AN ORDINANCE appropriating funds for the Regional
Driver Draining Facility, amending and reordaining certain sections of the
1180
2003-2004 Capital Projects and Grant Funds Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 518.)
Mr. Cutler moved the adoption of Ordinance No. 36722-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
Mr. Cutler offered the following resolution:
(#36723-062104) A RESOLUTION authorizing an agreement with the
County of Roanoke for a regional police driver training facility on property
owned by the County upon certain terms.
(For full text of resolution, see Resolution Book No. 68, Page 519.)
Mr. Cutler moved the adoption of Resolution No. 36723-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Human Services Committee budget, in the
amount of $550,962.00, was established by Council with adoption of the
General Fund budget for fiscal year 2004-05 on May 13, 2004; requests from
37 agencies, totaling $$56,926.00, were received; committee members studied
each application prior to an allocation meeting which was held on April 1,
1181
2004; and agencies were notified of tentative allocations and advised that they
could appeal the recommendations.
It was further advised that appeals of Committee recommendations, as
provided by policy, were received after notification to each agency of its
tentative recommended allocation; appeals were filed and heard on April 27,
2004, from the following agencies: Brain Injury Services of Southwest Virginia,
Conflict Resolution Center, and Blue Ridge Independent Living Center; after
hearing the appeals, Brain Injury Services was increased by $2,500.00 to
$7,500.00; the Conflict Resolution Center was increased by $2,500.00 to
$5,500.00; and Blue Ridge Independent Living Center was allocated $8,803.00;
performance audits will be conducted by the Council of Community Services to
evaluate effectiveness and efficiency of all funded programs; the City Manager
will execute any required contracts; and an attachment to the communication
indicates funding received from other jurisdictions.
The City Manager recommended that Council transfer $550,962.00 from
Human Services Committee, Account No. 001-630-5220-3700, to new line
items to be established within the Human Services Committee budget by the
Director of Finance.
Mr. Cutler offered the following budget ordinance:
(#36724-062104) AN ORDINANCE to appropriate funding to the Human
Services Committee, amending and reordaining certain sections of the 2004-
2005 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 520.)
Mr. Cutler moved the adoption of Ordinance No. 36724-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
1182
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
(In the interest of full disclosure, Council Member Bestpitch advised that his
spouse is employed by the YMCA, one of the organizations recommended for
funding by the Human Services Committee; however, he is advised by the City
Attorney that he is not required to abstain from voting inasmuch as no Federal
funds are involved.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Law Enforcement Terrorism Prevention
Program Grant is funded by the U. S. Department of Homeland Security through
the Virginia Department of Emergency Management, and is available to assist
State and local law enforcement agencies in prevention or responding to
potential acts of terrorism; and the Department of Criminal Justice Services
(DCJS) is the administering agency for the grant.
It was further advised that the City of Roanoke has been awarded
$224,856.00 in Federal funds under the program; funds were allocated on a
formula basis to provide law enforcement agencies with necessary funds for
planning, training, exercises, organizational activities and equipment to
support projects and objectives identified in the City's 2003 State Homeland
Security Assessment and Strategy Online Assessment Tool previously submitted
to the Virginia Department of Emergency Management and the Office of
Homeland Security; no local matching funds are required; funding is provided
solely for law enforcement needs; and while the program will be administered
through the Police Department, special conditions and guidelines mandate that
the City Sheriff's Office be provided with an opportunity to have input into the
funding and spending plan.
1183
The City Manager' recommended that Council accept the grant and that
she be authorized to execute the Statement of Grant Award/Acceptance; that
Council adopt a revenue estimate of $224,856.00 in an account to be
established by the Director of Finance in the Grant Fund and appropriate the
same amount to expenditure accounts as follows:
Account
Obiect Code
Amount
Expendable Equipment
Furniture & Equipment
2035 $149,856.00
9005 75,000.00
Mr. Harris offered the following budget ordinance:
(#36725-062104) AN ORDINANCE appropriating funds for the Law
. Enforcement Terrorism Prevention Program, 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, Page 524.)
Mr. Harris moved the adoption of Ordinance No. 36725-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................... ~ ............. O.
Mr. Fitzpatrick offered the following resolution:
(#36726-062104) A RESOLUTION authorizing the acceptance of the Law
Enforcement Terrorism Prevention Program Grant made to the City of Roanoke
by the U. S. Department of Homeland Security through the Virginia Department
of Emergency Management and authorizing the execution and filing by the City
Manager of any documents required by the grant.
1184
(For full text of resolution, see Resolution Book No. 68, Page 52S.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36726-062104.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-GRANTS-TREES: The City Manager submitted a communication
advising that on May 28, 2004, the City was notified by the Virginia Department
of Forestry that a $13,500.00 grant will be awarded to the City upon
completion of a Memorandum of Agreement; the grant will be used to fund a
part-time Urban Forestry Planner to work with the City's Urban Forester on a
Forest Fragment Study of Roanoke; the grant is from the same program that
funded the part-time Urban Forestry Planner to prepare the Urban Forestry Plan
in fiscal year 2003 and to begin implementation of the plan in fiscal year 2004;
the $13,500.00 Urban and Community Forestry Grant is a Federal grant,
sponsored by the National Forest Service and administered, by the Virginia
Department of Forestry; funds are awarded on a reimbursement basis after
verification of the local match; the majority of the City's matching funds will
consist of 700 hours of staff time ($16,023.00) provided by the Urban Forester;
and for the remainder of the match, the City will provide $2,959.00 to pay the
City's share of FICA and the City's pro-rata share of long-term disability,
hospitalization and dental insurances for a part-time Urban Forestry Planner.
It was further advised that the purpose of the Forest Fragment Study to
be funded by the grant is to examine and protect/manage Roanoke's forest
fragments, including old growth, and the areas which need to be reforested in
order to connect the fragments; the project will:
1185
Provide detailed information on forest fragments and
areas that need to be reforested to connect fragments
Develop strategies to achieve needed protection and
reforestation of priority areas
Provide opportunities for private landowners and
others to understand the importance of green
infrastructure and the need to protect it
Involve many different segments of the community in
this process (with special emphasis on reaching out to
those not usually involved)
It was noted that the project will include cooperation with other
departments, utilization of the City's GIS and other mapping capabilities, and
technical assistance from nearby universities (including Dr. Margaret Bryant of
Va. Tech).
The City Manager recommended that Council accept the Urban and
Community Forestry Grant, in the amount of $13,500.00, and that she be
authorized to execute an agreement with the Virginia Department of Forestry
and any other forms necessary to accept the grant, to be approved as to form
by the City Attorney; that Council appropriate $13,500.00 in Federal funding
and establish a corresponding revenue estimate in an account to be established
by the Director of Finance in the Grant Fund, and transfer $2,959.00 from Parks
and Recreation temporary employee wages, Account No. 001-620-4340-1004,
to the Grant Fund account; and expenditures to be appropriated are:
Account Account No. Amount
Regular Employee Salary
FICA
Long-Term Disability
Hospitalization insurance
Dental Insurance
TOTAL
035-620-4345-1002 $13,500.00
035-620-4345-1120 $ 1,148.00
035-620-4345-1t31 $ 51.00
035-620-4345-112S $ 1,650.00
035-620-4345-1126 $ 110.00
$ 16,459.00
1186
Mr. Bestpitch offer'ed the following budget ordinance:
(#36727-062104) AN ORDINANCE appropriating funds for the Urban and
Community Forestry Grant, amending and reordaining certain sections of the
2004-2005 General and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 526.)
Mr. Bestpitch moved the adoption of Ordinance No. 36727-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
Mr. Bestpitch offered the following resolution:
(#36728-062104) A RESOLUTION accepting the Urban and Community
Forestry Grant from the Virginia Department of Forestry, and authorizing the
execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 68, Page 527.)
Mr. Bestpitch moved the adoption of Resolution No. 36728-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
LIBRARIES: The City Manager submitted a communication advising that
the City of Roanoke, City of Salem, and County of Roanoke, currently share
1187
an automated library system under an agreement signed on January 26, 1990;
the agreement gives the responsibility for operating, maintaining and
administering the library system to the City of Roanoke; a consortium operates
under the name Roanoke Valley Libraries (RVL); on May $,1995, (Amendment
No. 1), the City of Roanoke, City of Salem, County of Roanoke, and County of
Botetourt amended the Contract to provide for Botetourt County to participate
in the System and to allow allocation of the System's cost; on August 28, 1998,
(Amendment No. 2), provided that the Automation Coordinator will be a library
employee in the classified service of the County of Roanoke and the City of
Roanoke shall provide space, at no cost to participating libraries, to house the
Central Site Components of the System; costs for operating the central, shared
automated system are currently apportioned according to the 1990 contract;
member libraries paid a buy-in fee, plus a portion of any ongoing expenses,
including new equipment, staff, telecommunication charges, etc.; and the
currently-governing formula specifies the following factors and weights:
Annual circulation/50%; number of branches/30%; number of dumb
terminals/10%; number of items in each system's collection/10%.
It was further advised that with nearly 15 years of operation and
experience, the consortium proposes to remove the archaic measures and
adjust weights to reflect factors that are known to actually or potentially affect
system usage; the revised formula more accurately reflect factors that affect
usage of the System; and the proposed new governing formula specifies the
following factors and weights:
Annual circulation/30%; number of items/30%; population of each
locality/20%; number of branches or outlets/10%; number of full-
time equivalent staff/10%.
The City Manager explained that application of the changes will be
applied for fiscal year 2005-06 and will not result in a substantial shift in costs
to any locality; a small shift is estimated to increase the cost for the City of
Roanoke by $5,287.00 and all localities will experience a small increase.
1188
It was noted that the total 2004 cost for the system is $143,346.00; fiscal
year 2005-2006 costs for the system are expected to total $143,061.00 and
are divided among the localities based on the new formula percentages:
City of Roanoke 32% $ 45,587.00
City of Salem 11% $ 15,768.00
County of Roanoke 43% $ 61,638.00
County of Botetourt 14% $ 20,068.00
Total $143,061.00
Funding for the City of Roanoke's share is available in Library Automation,
Account No. 013-430-1601 -3100, as approved by the Information Technology
Committee (ITC) and adopted by Council for fiscal year 2005-06; and an
additional amendment provides that the Library AutomatiOn Committee shall
only serve in an advisory capacity.
The City Manager recommended that she be authorized to execute an
amended agreement with the City of Salem and the Counties of Roanoke and
Botetourt, to be approved as to form by the City Attorney.
Mr. Dowe offered the following ordinance:
(#36729-062104) AN ORDINANCE authorizing the proper City officials to
enter into an agreement amending a cooperative agreement with the County of
Roanoke, the City of Salem, and the County of Botetourt that established an
integrated automated library system, upon certain terms and conditions; and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 68, Page 528.)
Mr. Dowe moved the adoption of Ordinance No. 36729-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
1189
Dowe, and Mayor Smith- ............................................ 7.
NAYS: None ................................................. 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Comprehensive Services Act (CSA) which was
established in 1993 provides residential and non-residential treatment services
to troubled and at-risk youth and to their families through a collaborative
system of state and local agencies, parents, and private sector providers; such
services include mandated foster care, certain special education services, and
foster care prevention; and CSA also provides services to certain targeted non-
mandated populations.
It was further advised that CSA expenditures are projected at
$9,500,000.00 for fiscal year 2004; expenditures exceed the CSA fiscal year
2004 appropriation of $8,871,302.00 by $628,698.00 and require additional
local funds in the amount of $193,136.00; additional funds are intended for
mandated services for at-risk youth; the City of Roanoke makes every effort to
maximize reimbursements from the Department of Medical Assistance for CSA
services; for the past two years Medicaid payments for CSA services have
averaged over $3 million annually; for fiscal year 2004 CSA's Medicaid
collections are projected at $2.3 million; while state Legislation now requires
localities to utilize Medicaid facilities whenever possible, the Department of
Medical Assistance limits the amount of reimbursement; thus, children placed
in residential treatment facilities may be denied Medicaid reimbursement if
services are deemed no longer medically necessary.
The City Manager recommended that Council:
· Increase the GeneraL Fund Revenue estimate by
$435,562.00 to CSA Revenue Account No. 001-110-1234-
0692.
1190
Funds' in the amount of $193,136.00 may be provided
from personnel lapse, Account No. 001-300-9410-
1090 for the local share.
Appropriate funding in the amount of $628,698.00 to
the following accounts:
001-630-5410-3182
001-630-5410-3191
$378,698.00
$250,000.00
Mr. Fitzpatrick offered the following budget ordinance:
(#36730-062104) AN ORDINANCE to appropriate funding for troubled
youth and their families and establish revenue provided by the Department of
Medical Assistance, amending and reordaining certain sections of the 2003-
2004 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 529.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36730-062104.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that since July 1, 1986, the City has been under
contract with the Virginia Department of Emergency Management (VDEM) to
respond to Level III hazardous materials incidents in a regional concept
involving firefighter/EMTs from the Cities of Roanoke and Salem; in November
2002, the City renewed its agreement to participate in a Level III Regional
Response Team; and it is requested that the City, for the next four fiscal years
(July 2004 - June 2008) authorize another agreement to keep funding
1191
and reimbursement needs current.
It was further advised that Roanoke benefits in several ways from this
contract; the City receives reimbursement for training, team member physical
examinations and purchase of related equipment; without the State contract,
the City would still have a need for a hazardous materials response team, but
would not have the corresponding benefit of being a reimbursed regional
provider; the present VDEM hazardous materials team contract expires on
June 30, 2004; and YDFM agreed to sign a new, four-year agreement and to
furnish $60,000.00, $15,000.00 per contract year in "pass-through" funds in
order to assist with the purchase of equipment, physicals, and to attend
training programs necessary to comply with Federal and State response criteria
mandates.
The City Manager recommended Council authorize execution of a new
contract and "pass-through" funding which honors the four-year VDEM
hazardous materials team contract for the period July 1, 2004 until June 30,
2008, and appropriate funding of $60,000.00 as follows: $40,000.00 to
Expendable Equipment and $20,000.00 to Training and Development under the
Hazardous Materials Response Team Grants to be established by the Director of
Finance in the Grant Fund, and establish revenue estimates of $15,000.00 per
contract year to the similarly named accounts.
Mr. Cutler offered the following budget ordinance:
(#36731-062104) AN ORDINANCE to appropriate funds to the Regional
Hazardous Materials Response Team Grant, amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 531.)
Mr. Cutler moved the adoption of Ordinance No. 36731-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
1192
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
Mr. Cutler offered the following resolution:
(#36732-062104) A RESOLUTION authorizing the City Manager to enter
into a four-year contract with the Commonwealth of Virginia, Department of
Emergency Management, to participate in a Regional Hazardous Materials
Response Team and to accept "pass-through" funding in the amount of
$15,000.00 per contract year.
(For full text of resolution, see Resolution Book No. 68, Page 532.)
Mr. Cutler moved the adoption of Resolution No. 36732-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-STATE HIGHWAYS-TOTAL ACTION AGAINST POVERTY: The City
Manager submitted a communication advising that Total Action Against Poverty
(TAP) received notification in November, 2003, that its application for
Transportation Enhancement funds through the Transportation Equity Act for
the 21st Century (TEA-21) for the Dumas Center for Artistic and Cultural
Development was approved by the Commonwealth Transportation Board, in the
amount of $150,000.00; the funds are to be used to support the renovation of
the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural
Development; the City of Roanoke must enter into separate agreements with
TAP and the Virginia Department of Transportation (VDOT), which will define
the responsibilities of each party; TAP would be responsible for the match
1193
requirement of $37,500.00; and the $150,000.00 of TEA-21 Enhancement
funds needs to be appropriated (to be reimbursed by VDOT) to a new project
account for disbursement to TAP.
The City Manager recommended that Council appropriate $150,000.00 of
TEA-21 Enhancement funds to be funded by VDOT to a new project account to
be entitled, "Dumas Center Enhancement Grant" for disbursement to TAP;
establish a revenue estimate in the same amount for State reimbursement
through the TEA-21 program; and authorize the City Manager to execute
separate agreements with TAP and the Virginia Department of Transportation.
Mr. Dowe offered the following budget ordinance:
(#36733-062104) AN ORDINANCE to appropriate funding from the
Commonwealth for the Dumas Center for Artistic and Cultural Development,
amending and reordaining certain sections of the 2003-2004 Capital Projects
Fund Appropriations and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 533.)
Mr. Dowe moved the adoption of Ordinance No. 36733-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
Mr. Cutler offered the following resolution:
(#36734-062104) A RESOLUTION authorizing the City Manager to enter
into agreements with Total Action Against Poverty in Roanoke Valley ("TAP") and
the Virginia Department of Transportation ("Department"), to define the
responsibilities of each party, and to support the renovation of the historic
1194
Hotel Dumas to create the Dumas Center for Artistic and Cultural Development.
(For full text of resolution, see Resolution Book No. 68, Page 534.)
~ Mr. Cutler moved the adoption of Resolution No. 36734-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-RAILSlDE LINEAR WALK: The City Manager submitted a
communication advising that construction of the O. Winston Link Railwalk was
completed in 2003; construction of the elevated walkway portion of the project
along the front of Warehouse Row was complicated by the limited site area and
many overhead and underground utilities; concurrent with construction of the
Railwalk project, the Warehouse Row Business Center project became an
opportunity to encourage technology businesses in Roanoke; construction in
this area provided an opportunity to make the needed improvements to all
underground infrastructures so as to prevent future damage to the walkway
and brick paving, and to provide state of the art utility service to support
redevelopment of the warehouses; and water, sewer, telephone, electric power,
gas and telecommunications facilities all required significant upgrades.
It was further advised that due to the complexity and difficult
construction conditions of the project, power system upgrades cost were
greater than originally expected; cost of the work exceeded the City's budgeted
funds by $235,751.00; unfortunately, the increased expense cannot be
absorbed by American Electric Power (AEP) whose policies require that the cost
of underground improvements be borne by the customer; and City staff has
worked with AEP to ensure that all charges associated with the expenditure are
appropriate.
The City Manager recommended that Council fund the increased
1195
power system relocation cost of $235,751.00, which funds are available in
personnel lapse, and that Council appropriate $235,751.00 from Personnel
Lapse, Account No. 001-300-9410-1090, to Railside Linear Walk Phase 5,
Account No. 008-530-9759-9003.
Mr. Dowe offered the following budget ordinance:
(#36735-062104) AN ORDINANCE to appropriate additional funding for
the O. Winston Link Railwalk and Warehouse Business Center Projects,
amending and reordaining certain sections of the 2003-2004 General and
Capital Projects Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 535.)
Mr. Dowe moved the adoption of Ordinance No. 36735-062104. The
motion was seconded by Mr. Fitzpatrick.
The City Manager offered her personal commitment that this type of over
run will not occur in the future, all necessary information will be in hand and
staff will be aware of costs in advance of a project. She called attention to the
desire to make state-of-the-art conduit and other activities available to new
businesses and to accommodate existing owners within the Warehouse Row
area who were not interested in changing the type of electrical system that
serves their building; City staff spent a considerable amount of time talking
with AEP officials, AEP has recognized and acknowledged that it has some
responsibility in the over run because the City was not given good cost
estimates and, as a result of this incident, AEP has now designated a single
contact person to act as a project coordinator for all City of Roanoke projects
with AEP, all work will be done under written agreements, and AEP has agreed
that it will not move crews from an active project, which was one of the
problems that was encountered with the Warehouse Row project in particular.
She stated that the requirement for a written estimate of work for change
orders will be re-enforced in advance, even it if means that work will be
stopped or delayed until such time as agreements or amendments have
1196
been reached.
The City Manager was requested to review the utility services that are
available to buildings located in Warehouse Row; whereupon, she advised that
utilities in the area, not unlike utilities in much of the City particularly in
downtown Roanoke, are more than 100 years old; in the process of the
upgrade, the water system, sewer system, telephone lines and gas service were
replaced along with installation of state-of-the-art telecommunications to all
Warehouse Row properties that immediately wanted telecommunication access,
and the conduit has been made available so that in the future should another
Warehouse Row owner desire to have those services, they will be within reach of
the facility. She stated that utilities were placed under ground, street lights
were installed and two different sets of electrical systems to the area are being
maintained by the City in order to accommodate the desires of individual
owners of the warehouses.
Ordinance No. 36735-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-PERSONNEL LAPSE FUNDS: The City Manager and the Director of
Finance submitted a joint communication advising that the fiscal year 2003-
2004 General Fund Budget includes funds in the nondepartmental expenditure
category for several personnel related accounts, which accounts are budgeted
at estimated amounts in the nondepartmental cost center because annual
charges of each department are difficult to accurately predict; and actual costs
are charged to departments in anticipation of year-end budget transfers to
cover costs.
It was further advised that salary lapse is one of the items included in the
nondepartmental category, which is the difference in budgeted City employee
salaries and actual salaries; personnel lapse is created through normal
1197
e. mployee attrition and managed hiring efforts undertaken during the year by
City staff; and at year-end, salary lapse which is created in departments is
credited against the budgeted total salary lapse, and any excess salary lapse
generated is spread throughout the various departments to cover additional
personnel and operational needs.
The City Manager and Director of Finance noted that operational
allocations using excess lapse include $107,130.00 for operational and
equipment needs in the Office of the Clerk of Circuit Court, $152,072.00 for
snow removal activities, $215,000.00 for solid waste tipping fees, $193,136.00
in additional local share funding for the Comprehensive Services Act program,
which is recommended to Council in a separate report, and $235,751.00 for
Railside Linear Walk-E-Town improvements, also recommended to Council in a
separate report.
It was explained that Workers Compensation is also initially budgeted in
the nondepartmental category; funding has been budgeted as a lump sum in
the non-departmental category in the General Fund to cover workers
compensation wages and medical expenses; like other personnel related
budgets, workers compensation budgets are established non-departmentally
due to the difficulty of predicting which departments will incur the expenses
and to what extent; the fiscal year 2003-2004 General Fund Budget also
included funds in the non-departmental category to cover annual expenditures
for unemployment wages, extended illness leave payments, and termination
leave wages, as well as an anticipated increase in health and dental insurance;
and these budgets should be allocated to appropriate departmental accounts in
the same manner as salary lapse and workers compensation.
It was advised that a proposed budget ordinance accomplishes the above
referenced transfers by adjusting each department's regular salaries line rather
than adjusting all individual line items; an adjustment is also needed to
increase the revenue estimate for the change in salary estimates for employee
salaries reimbursed by the Commonwealth of Virginia; and a summary of the
transfers is as follows:
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2004 Adjustment Revised
Account Budget Needed Budget
Payroll Accrual $ 150,000.00 ($150,000.00) $ 0.00
Medical Insurance 4,722,264.00 ( 20,704.00) 4,701,560.00
Dental Insurance 299,906.00 11,469.00 311,375.00
Workers Compensation 400,000.00 ( 160,61 7.00) 239,383.00
~Wages
Workers Compensation 400,000.00 278,247.00 678,247.00
-Medical
Unemployment Wages 35,000.00 61,993.00 96~993.00
Extended Illness Wages 20,000.00 45,185.00 65,185.00
Termination Leave Wages 91,275.00 246,887.00 338,162.00
FICA 4,942,017.00 ( 340,338.00) 4,601,679.00
Salary Lapse ( 1,001,481.00) 1,001,481.00 0.00
Salaries and Wages 63,387,941.00 (2,087,961.00) 61,351,540.00
Total Expenditure $75,386,728.00 $ 34,788.00 $75,421,516.00
Adjustments
Revenue Adjustment
Social Services/State $28,711,085.00 $34,788.00 $28,745,873.00
Shared Expenses
The City Manager and the Director of Finance recommended that Council
authorize transfer of funding between accounts and the use of excess budgeted
personal services.
Mr. Fitzpatrick offered the following budget ordinance:
(#36736-062104) AN ORDINANCE transferring funding between personal
services accounts and to provide funding for certain operational needs as a
result of personnel lapse realized during the year, amending and reordaining
certain sections of the 2003-2004 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
1199
(For full text of ordinance, see Ordinance Book No. 68, Page 536.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36736-062104.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
BUDGET-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that in order to better serve small businesses in the
Roanoke area region needing financing, the City of Roanoke Department of
Economic Development has been working with the Roanoke Valley/Alleghany
Regional Commission to establish and administer a Community Investment
Fund for a Small Business Financing loan pool through the National
Development Council (NDC) and its subsidiary, the Grow America Fund, Inc.
(GAFI), known as the Grow America Fund; to make the loan pool viable, the NDC
believes that a regional approach would work best for the Roanoke area; NDC
currently operates Grow America Fund programs in several U. S. cities,
including Richmond, Virginia; the Regional Commission is willing to serve as
the intermediary and to work with a group of stakeholder communities in order
to participate in the program; currently the City of Salem, the City of Covington,
Franklin County and the City of Roanoke wish to jointly develop a method to
capitalize the fund; the Grow America Fund leverages community loan dollars
to make loans, i.e. they contribute to the pool using SBA resources, typically
four times the community investment; NDC or GAFI staff completely analyze
loan applications, determine credit worthiness, underwrite, close, service and
collect the loans for an annual contract fee of $105,000.00 which will be paid
by the four participating jurisdictions and passed through the Regional
Commission as agent; and, in addition, NDC or GAFI staff assists in marketing
the program and in originating and packaging the loans.
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It was further advised that documents establishing the relationship with
the partnering jurisdictions have been drafted, as well as the contractual
relationship with NDC and GAFI, but are not finalized; and once the documents
have been completed and agreed upon by partnering jurisdictions, they will be
brought to Council.
To demonstrate the City of Roanoke's immediate commitment to the
program, the City Manager recommended that the Director of Finance be
authorized to transfer the balance of $800,000.00 in the Southern Lane project
fund, Account No. 008-002-9645-9003, to a new fund entitled "Roanoke Grow
America" Fund, Account No. 008-310-9688-9003, in the amount of
$225,000.00, and the balance of $575,000.00 to the Economic Development
Reserve, Account No. 008-530-9575-9178.
Mr. Fitzpatrick offered the following budget ordinance:
(#36737-062104) AN ORDINANCE to establish funding for the Roanoke
Grow America Fund, amending and reordaining certain sections of the 2003-
2004 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 540.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36737-062104.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that in May, 2001, Council authorized City officials to enter into a
License Agreement ("Agreement") with Arena Ventures, LLC, ("AV") which
1201
,provided for use of the Civic Center Coliseum and certain related Civic Center
facilities by AV to provide a certain number of National Basketball Development
League ("NBDL") games and a certain number of entertainment events produced
by SFX Concerts, Inc., over a five year period; the Agreement was entered into
on May 18, 2001, and subsequently amended on September 3, 2002,
September 4, 2002, and December 1, 2003; and Section 14.2 (b) of the
Agreement provides AV with the right to terminate the Agreement if the
average paid attendance at regular season NBDL League Games is less than
4,500 in any League season ending prior to.june 1,2004.
It was further advised that under the original terms of the Agreement,
Arena Ventures would have had to provide the City with written notice no later
than May 31,2004, were it to have exercised this option; because attendance at
NBDL League Games has been lower than the 4,500 threshold over the past
three seasons, and due to other business concerns, Arena Ventures has
indicated that it would like to renegotiate the Agreement without the pressure
of the May 3! deadline; and for this reason, Council authorized extension of
the deadline until .June 30, 2004, in order to give both parties sufficient time to
renegotiate certain terms of the Agreement.
It was explained that Arena Ventures has requested further amendments
to the Agreement, relative to the goal of reducing Arena Ventures operating
cost and increasing its revenue by sharing a greater percentage of the facility
surcharge fee; in addition, AV has requested a reduction in the amount of the
fee it pays for use of the Coliseum for each League game from $5,000.00 to
$4,000.00; in return for these concessions, AV has agreed to waive its exclusive
right to sell fixed advertising on the Outer Concourse level of the Civic Center
Coliseum with respect to Old Time Hockey, LLC, i.e.: the Roanoke Express; and
since these concessions will not have a significant financial impact on
operations of the Civic Facilities Fund, a budget adjustment is not considered
necessary in conjunction with the agreement.
The City Manager recommended that she be authorized to execute an
amendment to the License Agreement with Arena Ventures, LLC, to provide for
1202
the above referenced amendments,
approved by the City Attorney.
all documents to be upon form
Council Member Dowe advised that he is a paid employee of the National
Basketball Association which is affiliated with the NBDL and inquired if he
should abstain from voting on the measure; whereupon, the City Attorney
advised that he would not be required to abstain from any discussion or vote
on the ordinance.
Mr. Harris offered the following ordinance:
(#36738-062104) AN ORDINANCE authorizing the City Manager and City
Clerk to execute and attest, respectively, an amendment to the License
Agreement entered into with Arena Ventures, LLC, dated May 18, 2001, as
. amended, upon certain terms and conditions; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 68, Page 541.)
Mr. Harris moved the adoption of Ordinance No. 36738-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
CITY A~-I-ORN EY:
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: The City
Attorney submitted a written report advising that the Western Virginia Water
Authority ("Authority") will begin operation on July 1, 2004; ownership and
operation of water and sewage facilities of the City of Roanoke and the County
of Roanoke will become assets of the new entity as of July 1, 2004; therefore,
several changes to the City Code are necessary; specifically, certain
1203
sections of Chapter 26, Sewers and Sewage Disposal, Code of the City of
Roanoke (1979), as amended, need to be amended and other sections repealed
as a result of creation of the Authority.
, It was further advised that because the Authority will establish its own
rules, regulations, fees, and charges, sections of Chapter 26, Sewers and
Sewage Disposal, which pertain to rules and regulations, general operation of
the Water Pollution Control Division of the Utilities Department, fees, and
charges will no longer be applicable and need to be either amended or
repealed; the amendments revise the definition of certain terms in the Sewer
Use Standards, delete any reference to activities no longer governed by the City,
and specifically add the Authority to certain sections to reflect the existence of
the Authority and to authorize the Authority, to the extent permitted by law, to
enforce such code provisions; and the City Attorney's Office has worked with
counsel for the Authority with regard to the City Code revisions.
The City Attorney recommended that Chapter 26, Sewers and Sewage
Disposal, of the Code of the City of Roanoke (1979), as amended, be amended,
effective on and after July 1,2004.
Mr. Fitzpatrick offered the following ordinance:
(#36739-062104) AN ORDINANCE amending and reordaining
Chapter 26, Sewers and Sewage Disposal, Code of the City of Roanoke (1979),
as amended, by adding, amending, and repealing certain sections in order to
conform them with changes necessitated by the implementation of the Western
Virginia Water Authority (WV~VA); providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 542.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36739-062104.
The motion was seconded by Mr. Dowe and adopted by the following vote:
1204
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: The City
Attorney submitted a written report advising that the Western Virginia Water
Authority ("Authority") will begin operation on July 1, 2004; ownership and
operation of water and sewage facilities of the City of Roanoke and the County
of Roanoke will become assets of the new legal entity as of July 1, 2004;
therefore, certain sections of Chapter 35, Water, of the Code of the City of
Roanoke (1979), as amended, need to be amended and other sections need to
be repealed.
It was further advised that because the Authority will establish its own
rules, regulations, fees, and charges, sections of Chapter 35, Water, which
pertain to rules and regulations, general operation of the water division, fees
and charges, activities adjacent to the Carvins Cove Natural Reserve ("Reserve"),
and boating need to be either amended or repealed; and the amendments
revise the definition of the Reserve to exclude that area currently in the Reserve
which is being transferred to the Authority (since the City will no longer own
this portion of the property and .it is not located in the City, the City can not
regulate it), delete any reference to activities no longer governed by the City,
such as swimming and boating, and specifically add the Authority to certain
sections to reflect the existence of the Authority.
The City Attorney transmitted a proposed ordinance amending Chapter
35, Water, of the Code of the City of Roanoke (1979), as amended, effective July
1,2004.
Mr. Cutler offered the following ordinance:
(#36740-062104) AN ORDINANCE repealing §§35-1 through 35-4, of
Article I, In General, and amending and reordaining §§35-14, 35-16, 35-17,
1205
and 35-23, and repealing §§35-22 and 35-26, of Article II, Carvins Cove
Natural Reserve, and repealing §§35-42 through 35-56, of Division 2, Boatinq,
of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of
the City of Roanoke (1979), as amended, adding appropriate references to the
Western Virginia Water Authority, and repealing those sections no longer
applicable as a result of the creation of the Western Virginia Water Authority;
providing for an effective date; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 566.)
Mr. Cutler moved the adoption of Ordinance No. 36740-062104.
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
The
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
Council Member Cutler inquired if it is envisioned to officially designate
the 12,000 acres at the Carvins Cove Reservoir as a component of the greenway
system; whereupon, the City Manager advised that it is an excellent suggestion
which could be considered by Council at a future meeting.
CITY CODE: The City Attorney submitted a written report advising that
since 1982, Council has reenacted and recodified the City Code on an annual
basis in order to properly incorporate in the Code amendments made by the
General Assembly at the previous Session to State statutes that are
incorporated by reference in the City Code, which procedure ensures that
ordinances codified in the City Code incorporate the most recent amendments
to State law; incorporation by reference is frequently utilized in local codes to
preclude the necessity of having to set out lengthy provisions of State statutes
in their entirety; in addition, the technique ensures that local ordinances are
always consistent with State law as is generally required; and the procedure
whereby a local governing body incorporated State statutes by
1206
reference after action
Attorney General.
Of the General Assembly has been approved by the
The City Attorney recommended that Council adopt an ordinance to
readopt and reenact the Code of the City of Roanoke (1979), and advised that if
the ordinance is not adopted, City Code sections incorporating provisions of
the State Code amended at the last Session of the General Assembly may not be
deemed to include recent amendments and may be impermissibly inconsistent
which could result in the dismissal of criminal prosecutions under these City
Code sections.
Mr. Harris offered the following ordinance:
(#36741-062104) AN ORDINANCE to readopt and reenact the Code of
the City of Roanoke (1979), as amended; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 575.)
Mr. Harris moved the adoption of Ordinance No. 36741-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
DIRECTOR OF FINANCE:
SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-WATER RESOURCES:
The Director of Finance submitted a written report advising that the Western
Virginia Water Authority (Authority) will begin operation on July 1, 2004; upon
formation, assets and liabilities of the City's Water and Water Pollution Control
functions will be transferred to the Authority; liabilities of the Water and Water
Pollution Control funds include both general obligation bonds and
1207
revenue bonds; general obligation bonds will be retained by the City with
agreement that the Authority will repay the City in amounts sufficient to cover
debt service on the bonds; and the operating agreement which will govern the
formation of the Authority will include provisions for such payment to be made
to the City by the Authority.
It was further advised that the City's Series 2003 Sewer Revenue Bond
from the Virginia Resources Authority (VRA) was contracted between the City
and the VRA such that the debt could be assumed by the Authority upon its
formation; amount of the bond is $1 7,511,501.00; and approval by Council is
needed to authorize the Mayor to execute an agreement among the City, the
County, the Authority, and the VRA, whereby the Authority will assume the
indebtedness, and the agreement also includes similar provisions for the
Authority to assume indebtedness of the County.
The Director of Finance recommended that Council authorize the Mayor
to execute an agreement between the City and the Western Virginia Water
Authority whereby the Authority will assume the Series 2003 Sewer Revenue
Bond from the Virginia Resources Authority (VRA), effective July l, 2004, such
agreement to be approved as to form by the City Attorney.
Mr. Cutler offered the following resolution:
(#36742-062104) A RESOLUTION approving the assumption of certain
revenue bonds by the Western Virginia Water Authority.
(For full text of resolution, see Resolution Book No. 68, Page 577.)
Mr. Cutler moved the adoption of Resolution No. 36742-062104.
motion was seconded by Mr. Dowe and adopted by the following vote:
The
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
1208
NAYS: None ................................................ O.
SEWERS AND STORM DRAINS-PENSIONS-WATER RESOURCES: The
Director of Finance submitted a written report advising that the Western
Virginia Water Authority (Authority) is being created by the City of Roanoke and
the County of Roanoke which localities are working to merge their water
impoundment, treatment, and distribution systems and waste water collection
and treatment systems into one system; and the Authority will be a separate
legal entity governed by a seven-person Board, the members of which are
appointed by Roanoke City Council and the Roanoke County Board of
Supervisors.
It was further advised that employees of the City and the County who
currently work in the areas of water and wastewater treatment will transfer to
the Water Authority, effective July 1,2004; it is the desire of the Water Authority
to allow those City of Roanoke employees who are currently members of the
City of Roanoke Pension Plan (Plan) to continue to remain members of the Plan;
in order for this to occur, the Western Virginia Water Authority must be-defined
as a Participating Employer in the Plan; Section 22.2-2, Definitions, of Chapter
22.2 Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, indicates upon recommendation by the Pension Board, and the
consent of City Council, that any governmental employer may adopt the City
Plan; the Plan currently includes the Roanoke Valley Resource Authority,
Roanoke Regional Airport Commission, City of Roanoke School Board, and the
Roanoke Valley Detention Commission as Participating Employers; and current
Roanoke County employees and any new employees of the Water Authority will
participate in the Virginia Retirement System.
It was explained that the City administration believes that this is the most
equitable treatment for City employees who will be transitioning to the Water
Authority; the Pension Board also recommended that this group of employees
be allowed to continue as members of the City's Pension Plan; and future
contributions will be made on behalf of these employees by the Water Authority
at the prevailing actuarial contribution rate, thus, the pro rata cost of their
1209
on-going participation in the Plan will be fully paid by the Western Virginia
Water Authority.
The Director of Finance recommended that Council adopt an ordinance
designating the Western Virginia Water Authority as a Participating Employer in
the City of Roanoke Pension Plan.
Mr. Harris offered the following ordinance:
(#36743-062104) AN ORDINANCE amending §22.2-2, Definitions, of
Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, to provide for the continued participation of certain City employees
in the City's retirement plan after they become employees of the Western
Virginia Water Authority; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 578.)
Mr. Harris moved the adoption of Ordinance No. 36743-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a
written report advising that the City of Roanoke's Internal Service Funds
account for certain services provided to departments by other funds of the City;
Internal Service Funds recover their costs by charging the receiving
departments for services; the City has three Internal Service Funds: Department
of Technology, Fleet Management and Risk Management; budgeted funds for
internal services are allocated in the General Fund in each fiscal year's budget
throughout various departments based on estimated usage; usage usually
varies from the original estimates; at this time during each fiscal year, it is
1210
~necessary to make transfers between General Fund departments to provide
sufficient funds for internal services for the fiscal year; and no adjustments are
required for fiscal year 2004 in the Internal Services Funds themselves since
each was adequately budgeted as a whole for revenues and expenses.
A summary of General Fund transfers relative to each separately billed
internal service is as follows:
General Fund Revised
Total Budget Net Transfers Budget
Amount Before In/Out Amount
Internal Service Transfers
Motor fuel and lubricants $ 535,320.00 $ 27,884.00 $ 563,204.00
Department of 3,695,556.00 88,723.00.00 3,784,279.00
Technology
Risk Management Claims 83,615.00 188,615.00
Risk Management 647,365.00 11,304.00 658,669.00
Overhead
Fleet Management 1,636,753.00 ( 23,691.00) 1,613,062.00
Fleet Rental 1,809,191.00 854.00 1,810,045.00
Total $8,324,185.00 $ 188,689.00 $8,617,874.00
The increase in billing for motor fuels and lubricants is due to an increase in
fuel costs; Department of Technology billings increased due to higher than
expected charges to General Fund departments for technology services; Risk
Management Claims were not budgeted in the General Fund, yet several
settlements were made during the course of the year; other internal service
transfers were relatively small; and additional funding of $293,689.00 is
needed in total for the billings and is available from unused funding for life
insurance, Account No. 001-250-9110-1130.
The Director of Finance recommended that Council transfer funds
between accounts in the General Fund as described in a proposed budget
1211
ordinance.
Mr. Fitzpatrick offered the following budget ordinance:
(#36744-0621 04) AN ORDINANCE appropriating funds to reallocate and
provide additional funding for certain internal service charges, amending and
reordaining certain sections of the 2003-2004 General Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 580.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36744-062104.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. O.
REPORTS OF COMMll-I-EES:
GRANTS-SCHOOLS: A report from the Roanoke City School Board
requesting the closeout of 47 school grants that have been completed, advising
that total outlays for the grants are $13,742,859.53, and revenue for the grants
was provided as follows, was before Council.
Federal funds $8,828,222.57
State funds - $2,232,533.90
Fees and donations - $ 874,484.57
Local match - $1,807,61 8.49
The Director of Finance submitted a written report transmitting a list of
1212
c. ompleted grants for information purposes, and advised that no action by
Council is required.
Without objection by Council, the Mayor advised that the report from the
Roan.oke City School Board would be received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting approval by Council of the following appropriations and
transfers of funds, was before the body:
$30,000.00 for Crystal Spring Elementary School
improvements, said project to be funded from the Board's
construction contingency fund;
$324,480.00 for the School Bus Retrofit project to be funded
with a donation from Virginia Electric Power Company and a
local match to install diesel oxidation catalysts on school
buses and reflash the electronic control modules on school
buses in conjunction with guidelines established by the
Virginia Department of Environmental Quality.
The Director of Finance submitted a written report recommending that
Council concur in the request of the School Board.
Mr. Dowe offered the following budget ordinance:
(#36745-062104) AN ORDINANCE to appropriate funding for elementary
improvements and school bus maintenance and to establish a new grant,
amending and reordaining certain sections of the 2003-2004 School and
School Capital Projects Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 584.)
Mr. Dowe moved the adoption of Ordinance No. 36745-062104. The
1213
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY COUNCIL: Council Member Fitzpatrick offered the following
resolution changing the place of commencement of the regular meeting of City
Council scheduled to be held at 9:00 a.m., on Tuesday, July 6, 2004, to Room
212, Higher Education Center, 108 North Jefferson Street, City of Roanoke, with
the 2:00 p.m., session on the same date to be held in the City Council
Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
(#36746-062104) A RESOLUTION changing the place of commencement
of the regular meeting of City Council scheduled to be held at 9:00 a.m., on
Tuesday, July 6, 2004.
(For full text of resolution, see Resolution Book No. 68, Page 585.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36746-062104.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None ................................................. 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
1214
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
SEWERS AND STORM DRAINS-ACTS OF ACKNOWLEDGEMENT-WATER
RESOURCES: Council Member Fitzpatrick commended Mayor Smith and Council
Members Bestpitch and Wyatt for their role in the creation of the Western
Virginia Water Authority.
ACTS OF ACKNOWLEDGEMENT-MANAGEMENT AND BUDGET: Council
Member Cutler congratulated Sherman L. Stovall upon his appointment as
Director of Management and Budget, effective June 11,2004.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mayor Smith advised that
it has been a pleasure to serve the citizens of the City of Roanoke as Mayor for
the past four years.
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 wilt be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
advised that not since the terrorist attacks on the United States on
September 11, 2001, has there been such a revival of the American spirit and
unity as has been expressed during the past few days as America said its
goodbyes to former President Ronald Reagan. He stated that Americans should
be proud of their country and honor those veterans who fought for their
country; while nothing on the world scene has changed during the past week,
President Reagan has reached out through his death to draw the nation
together as Americans remember the drama of his life and the changing of the
world today, and it is hoped that this revived spirit of America will continue. He
stated that Americans should celebrate their independence and Roanokers
should celebrate the Fourth of July at Victory Stadium which is a facility that was
dedicated to the memory of Roanoke Valley veterans.
1215
HOUSING/AUTHORITY-CITY EMPLOYEES-COMPLAINTS: Mr. Robert
Gravely, 729 Loudon Avenue, N. W., expressed concern with regard to the need
for affordable housing in the City of Roanoke, the need to bring the City's pay
scale up to a level that will enable the average City employee to purchase a
house, the need for an improved economy for all Roanoker's, and more efforts
should be made to promote diversity in the City of Roanoke.
CITY MANAGER COMMENTS:
GENERAL SERVICES-ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-
ENTERPRISE ZONE: The City Manager expressed appreciation to City employees
who participated in the Relay for Life event which was sponsored by the
American Cancer Society on Friday, June 18, 2004, at Victory Stadium, and
advised that City employees raised over $5,000.00.
She commended those City employees who participated in the Building
New Partnerships Conference which was held at The Hotel Roanoke and
Conference Center on Saturday, June 19, 2004, which included participation by
over 30 City departments and organizations; workshops were offered on small
loans, bonding and certification, and insurance, etc., and the event offered an
opportunity for City departments to provide information on their role in City
government.
The City Manager advised that the Governor of Virginia has recognized
the City of Roanoke as one of five communities whose Enterprise Zone has been
reauthorized for another 20 years.
At 4:20 p.m., the Mayor declared the Council meeting in recess for two
briefings, which were followed by two Closed Sessions.
At 4:25 p.m., the Council meeting reconvened in the Council's
Conference Room, with all Members of the Council in attendance, Mayor Smith
presiding.
1216
BRIDGES-ACTS OF'ACKNOWLEDGEMENT: The City Manager introduced a
briefing by representatives of the Dr. Martin Luther King, Jr. Committee, which
was appointed to facilitate development of a memorial to Dr. King in connection
with the proposed rehabilitation of the First Street Bridge. She advised that the
briefing will be facilitated by Ms. Brenda Hale and Ms. Lee Wolfe, members of
the Committee.
Ms. Hale advised that in late 2003, the Dr. Martin Luther King, Jr.
Committee was appointed to facilitate the development of a suitable memorial
to Dr. King in conjunction with the proposed rehabilitation of the First Street
Bridge; the Committee divided itself into subgroups to begin the process of
developing recommendations for creation of the memorial, looking at such
things as the design and treatment of the north and south end of the bridge,
rehabilitation of the bridge itself and creation of a public open space at the
northern end of the bridge; and an open house was held on Tuesday, June 14,
2004, at the Dumas Center to obtain further public input on the Committee's
recommendations, at which time a summary of the Committee's
recommendations, project cost estimates, and conceptual design were
displayed for review by the public.
Ms. Wolfe reviewed the membership of the Committee, i.e.: Gilbert Butler,
Herman Carter, Barbara Duerk, Brenda Hale, Bishop Heath Light, J. Granger
Macfarlane, Mac McCadden, the Reverend Edward Mitchell, Wendy Moore,
Mignon Chubb-Hale, Perneller Chubb-Wilson, Jeff Artis, Ted Edlich, Vernice
Law, Tom McKeon, John Baker, Melody Stovall, Mark McConnell, Dr. Floyd Davis,
Council Member Linda F. Wyatt, Council Member M. Rupert Cutler, Lee Wolfe,
Rolanda Russell, Brian Townsend and Jan Bruce.
Ms. Wolfe reviewed the following summary of recommendations of the
Committee:
Green space - Park:
Remove overhead light pole on west side
Attempt to use existing fence around perimeter
Grade and re-seed all slopes
1217
Sidewalk connections to bridge and Gainsboro Parking Garage
Utilize monument/obelisks/quotes
Benches around centerpiece
Refuse receptacles
Up lighting for landscaping statue
Bridge:
Medallions at either end of bridge - name/likeness of Dr. King
Name in pavement as alternative
Lighting on bridge as per conceptual plan
Stairway/elevator as option to project
Provide better flair/abutment of bridge on south end at Salem Avenue
Directional signage to bridge and memorial
Ms. Wolfe reviewed the following cost estimates:
Statue
Medallions at Bridge Entrance (4)
Audio - visual stations (4)
Observation platforms
Benches (4)
Trash receptacles (4) .
MLK park lighting
Park landscaping
Subtotal
Stair/elevator tower
Total
$ 100,000.00 - $
25,000.00 -
75,000.00 -
30,000.00
265,000.00
200,000.00 -
$ 465,000.00 -
150,000.00
10,000.00
20,000.00
30,000.00
2,800.00
2,400.00
90,000.00
35,000.00
340,200.00
225,000.00
565,200.00
An attachment to the report included the names of persons who attended
the open house on June 14, 2004, and a summary of comments.
(See attachment on file in the City Clerk's Office.)
1218
Ms. Hale advised that a conceptual design reflecting the
recommendations was prepared by Hayes, Seay, Mattern and Mattern, Inc., who,
in conjunction with City staff, provided technical support to the Committee
during the process. She stated that the Committee has completed this phase of
its work and submits its recommendations to Council for review and
consideration; and once Council has reviewed the Committee's
recommendations and related conceptual design, the Committee is prepared to
facilitate moving the project to the design and implementation stage.
Ms. Hale acknowledged and expressed appreciation for the work of the
Committee and also expressed appreciation to Council for its support of the
Committee's work in this important community endeavor.
Ms. Perneller Chubb-Wilson, representing the Southern Christian
Leadership Conference (SCLC), called attention to support of the
recommendation by both the local and State SCLC. She stated that caution
must be exercised when naming anything in memory of Dr. King because the
King name has been patented and copyrighted.
The City Manager advised that the plans before Council provide for a
vehicular bridge; it is anticipated that Council will schedule a work session to
discuss the matter prior to taking official action; there are slight to major
differences within the framework of the Committee and a different idea in
regard to the direction of vehicular traffic which is a decision to be made by
Council; bridge amenities will be funded, in part, by a $270,000.00
appropriation that Congressman Goodlatte was instrumental in obtaining and
Congressman Goodlatte believes that the balance of funding will be
forthcoming; and certain actions will need to take place in order to use Federal
funds which will add some additional time to the process, and City staff is
ready to proceed at the pace of Council.
Council Member Wyatt advised that there was a strong and frank dialogue
among Committee members, the Committee worked as a group to be proactive
rather than reactive, members took responsibility and assumed ownership for
the recommendation; there was always a concern for the greater good at each
1219
meeting of the committee, and the project was citizen driven.
Allison Blanton, Executive Director, Roanoke Valley Preservation
Foundation, expressed appreciation to the Committee on behalf of the Board of
Directors of the Preservation Foundation. She advised that the Preservation
Foundation would like to be a part of the cooperative effort and is not opposed
to the MLK memorial, although the Preservation Foundation supports a
vehicular bridge, if possible; however, the greatest concern is that the original
bridge structure will be kept intact and preserved because of its historical value
and because it is surrounded by historic districts that have been redeveloped
and renovated. She asked that all options be explored and that the services of
a preservation engineer be engaged by the City. In summary, she stated that
the Preservation Foundation supports the proposed memorial to Dr. King, the
City is requested to maintain the memorial as a historical bridge, and the
Roanoke Valley Preservation Foundation offers its assistance as a partner with
the City to achieve this goal.
Mr. Robert Gravely, 729 Loudon Avenue, N. W., applauded the
accomplishments of the Dr. Martin Luther King, Jr. Committee, however, he
stated that the recommendation is a disgrace to the memory of Dr. King and
what he stood for.
The City Manager requested guidance as to how Council would like to
proceed. She advised that City staff will work with the Roanoke Valley
Preservation Foundation to obtain the services of a preservation engineer to
ensure that all options have been explored and the Dr. Martin Luther King, Jr.
Committee has offered to participate in implementation of the
recommendations.
CIVIC CENTER: The City Manager introduced a briefing on new seating
and placement of a center aisle in the Auditorium at the Roanoke Civic Center.
Wilhelmina Boyd, Director, Civic Facilities, advised that:
1220
The Roanoke Civic Center has been the proud host to
some of the world's finest entertainers and scores of
traveling Broadway productions.
The Roanoke Symphony provides a wide variety of
orchestral events.
The Auditorium has also been the desired venue for
graduations, dance recitals and concerts.
Seating in the Auditorium has been in place since ]97].
The balcony has the original upholstery.
Loge and orchestra level seating have been re-
upholstered once.
The facility has 2,440 continental style seats that were
popular in the ] 970's.
Seats are badly worn and torn and there have been
numerous complaints about the condition and
configuration of the seats.
The poor quality of seating does not match the high
quality events that are presented in the Auditorium.
In 2003, plans were initiated.to refurbish the backs and
seats, however, repair parts are in scarce supply.
Further investigation has revealed that refurbishment
could cost as much or more than new seats.
$146,000.00 was allocated in 2003 from retained
earnings which will not cover the cost.
New or refurbished seats would cost more than double
the allotted funds, therefore, new seating has been
considered.
Installation of new chairs and standards would allow an
opportunity to create a center and cross aisle in the
orchestra section.
The balcony has aisles with the exception of the front
rOW.
The Ioge would not require aisles.
By creating aisle space, seating capacity would be 2,200.
1221
The Symphony and JAM Theatricals have been made aware
of the possible reduction in seating and are enthusiastic
about having new seats and aisle.
Loss of seating would not present a problem considering
the fact that there were only two sell out events in fiscal
year 2003-2004 and one sell out performance for a
multiple show event.
Invitations to bid were sent to companies that have
experience with manufacturing and installing auditorium
seating.
Bidders must have installed seating in at least five
similar type facilities.
Bids are due on July 2, 2004, and on July 6,
Council will be requested to approve the use of
retained earnings to offset the cost of new seating.
The successful bidder must be able to complete
manufacturing, demolition of old seats and installation
of new seats by September 30, 2004.
Estimated cost for the seats is $300,000.00 to
$350,000.00.
The original allocation of $146,000.00 can be
supplemented with additional retained earnings of
$254,000.00.
Approval by Council to move forward with the purchase of
new seating for the Civic Center Auditorium is requested.
Approval by Council for appropriation of $180,000.00
from retained earnings to cover the cost of demolition of
the old seats, purchase, manufacture and installation of
new auditorium seating is also requested.
The City Manager advised that with the concurrence of Council, she will
submit a recommendation to Council at its next regular meeting on Tuesday,
July 6, 2004, requesting that Council approve additional funds for Civic Center
Auditorium seat replacement.
1222
Following questions/discussion with regard to the benefits of
refurbishment versus replacement, it was the consensus of Council to concur in
the recommendation of the City Manager to replace Civic Center Auditorium
seats.
At 6:15 p.m., the Council convened in Closed Session in the Council's
Conference Room.
At 6:20 p.m., the Council meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, 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. Cutler and adopted by the following
vote:
AYES: Council Members Harris, Wyatt, Bestpitch, and Cutler .......... 4.
NAYS: None .................................................. 0.
(Mayor Smith and Council Members Dowe and Fitzpatrick were not in the
Council Chamber when the vote was recorded.)
OATHS OF OFFICE-COMMI-I-I-EES-SCHOOLS: The Mayor advised that there
is a vacancy on the Board of Directors, Virginia Western Community College, to
fill the unexpired term of Harriet S. Lewis, resigned, ending June 30, 2006;
whereupon, he opened the floor for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Dennis R. Cronk.
1223
There being no further nominations, Mr. Cronk was appointed as a
member of the Board of Directors, Virginia Western Community College, to fill
the unexpired term of Harriet S. Lewis, resigned, ending June 30, 2006, by the
following vote:
FOR MR. CRONK: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, Dowe, and Mayor Smith ....................................... 7.
COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the
Youth Services Citizen Board, for a term ending May 31,2007; whereupon, he
opened the floor for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Saduma H. Guhad.
There being no further nominations, Ms. Guhad was appointed as a
member of the Youth Services Citizen Board, for a term.ending May 31, 2007,
by the following vote:
FOR MS. GUHAD: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch,
Cutler, Dowe, and Mayor Smith ....................................... 7.
At 6:25 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, June 21,2004, 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 Beverly T. Fitzpatrick, Jr., C. Nelson Harris,
Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr.,
(arrived late), and Mayor Ralph K. Smith ................................ 7.
ABSENT: None ................................................ 0.
1224
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with prayer by Council Member William D.
Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of Public Facility Consortium, LLC, to rezone a portion of
two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5
acres, more or less, identified as Official Tax Nos. 64101 OS and 6410106, from
RS-3, Residential Single Family District, and C-2, General Commercial District,
to C-2, General Commercial District, subject to certain conditions proffered by
the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/tnes on Friday, June 4, 2004, and Friday, June 11,2004.
The City Planning Commission submitted a written report advising that
the purpose of the proposed rezoning is to permit general and professional
offices on the property; with proffered conditions, the application of C-2,
General Commercial District, to the subject properties, is appropriate; the
petitioner proffers one use for the subject properties, general and professional
offices; although the proffered use is permitted by right in the C-1, Office
District, the petitioner requests C-2 to allow for a maximum height of 45 feet,
as opposed to a maximum 35 foot height in the C-1 District; staff believes that
1225
the proffer allowing only office uses ensures compatibility with the surrounding
area; proffered conditions to increase the depth of the required buffer yard
along the rear lot line and to limit the intensity of outdoor lighting along
adjacent property lines greatly protects surrounding districts from development
impacts; staff also believes that site development issues have been adequately
addressed through the petitioner's proffers; and the proffered conditions
provide storm water and run-off measures, parking limitations in front of the
building and on the entire site, and landscaping to provide for an adequate tree
canopy.
The City Planning Commission recommended that Council approve the
request for rezoning, in view of the proffered conditions of the amended
petition.
Mr. Harris offered the following ordinance:
(#36747-062104) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 586.)
Mr. Harris moved the adoption of Ordinance No. 36747-062104. The
motion was seconded by Mr. Fitzpatrick.
Maryellen F. Goodlatte, Attorney, representing the petitioner, appeared
before Council in support of the request of her client.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members,
1226
Ordinance No. 36747-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, and
Mayor Smith ....................................................... 6.
NAYS: None ................................................ O.
(Council Member Dowe was not present when the vote was recorded.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of Mid-South Management, LLC, a Virginia limited
liability company, that proffered conditions presently binding upon a tract of
land located at the intersection of Orange Avenue and King Street, N. E.,
designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147,
adopted on June 20, 1988, be amended, the matter was before the body.
Legal advertisement of the public hearing was published in The t~oanoke
Times on Friday, June 4, 2004, and Friday, June 11,2004.
The City Planning Commission submitted a written report advising that in
June, 1988, pursuant to Ordinance No. 29147, property identified as Official
Tax No. 7090511 was rezoned from LM, Light Manufacturing District, to C-2,
General Commercial District, with proffered conditions, for the purpose of
constructing a drive-through banking facility; and conditions presently binding
upon Official Tax No. 7090511 as a result of the conditional C-2, General
Commercial rezoning in 1988 are as follows:
The property will be developed in substantial
compliance with a site development plan prepared by
T. P. Parker & Son, Engineers and Surveyors, LTD.,
dated April 13, 1988, subject to any changes required
by the City during site plan review.
1227
If no building permit has been issued and no
construction commenced within three years from the
date of final zoning approval, zoning shall revert to
Light Manufacturing (LM) District without further action
by Council.
It was further advised that a petition to amend proffered conditions on
Official Tax No. 7090511 was filed on April 1, 2004; an amended petition to
amend proffered conditions was filed on May 27, 2004; the petitioner requests
that the proffers as stated above and enacted by Ordinance No. 29147 be
repealed as they apply to Official Tax No. 7090511 and that the following
proffered conditions be substituted and adopted by those existing proffers
delineated above:
The subject property shall be developed for the
location of a drive-thru car wash in substantial
conformity with the site development plan dated March
31,2004, prepared by T. P. Parker & Son.
The only freestanding signage on the premises shall be
as indicated on the proffered site development plan
dated March 31, 2004, which signage shall not be
greater than 60 square feet.
The exterior of the building shall be brick face with a
standing seam metal roof with gables.
Given the previously proffered and approved drive-through banks, on the
subject property and the proffered conditions, the City Planning Commission
recommended that Council approve the request to amend proffered conditions,
as amended.
Mr. Harris offered the following ordinance:
(#36748-062104) AN ORDINANCE to amend §§36.1-3 and 36.1-4,
1228
Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned C-2,
General Commercial District; and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page $88.)
Mr. Harris moved the adoption of Ordinance No. 36748-062104. The
motion was seconded by Mr. Fitzpatrick.
Edward A. Natt, Attorney, representing the petitioner, appeared before
Council in support of the request of his client.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter; whereupon, Mr. Chris Craft, 1501 East
Gate Avenue, N. E., spoke in opposition to the request for rezoning and advised
that adding a car wash establishment to an area that is already heavily
congested will increase traffic.
There being no further speakers, the Mayor declared the public hearing
closed.
Council Member Fitzpatrick inquired about a statement made by a
representative of Kroger at the City Planning Commission hearing in regard to
Kroger's willingness to share financially in the responsibility for resolving traffic
issues, such as the widening of King Street or the addition of turn lanes;
whereupon, the City Manager advised that Kroger was asked several years ago
to participate in the construction of a left turn lane that would facilitate the
movement in and out of Kroger when Kroger was seeking to construct a gas
station and pumps on the site, and, at the time, Kroger was unwilling to
participate at the level requested by the City, therefore, the fueling station was
not constructed. She further advised that the City's Traffic Engineer has
reviewed the traffic situation at the intersection to the proposed car wash and
concluded that it does not create sufficient traffic generation to pose
1229
additional problems; however, it is clear that at some point in the future
improvements will have to be made to a much longer stretch of King Street than
just to the original request that was proposed for the left turn signal, which
improvements are estimated to be in excess of $500,000.00; and the amount
of money that the City requested of Kroger several years ago was relatively
small in comparison to the current $500,000.00 estimate.
There being no further discussion or comments by Council Members,
Ordinance No: 36748-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, and
Mayor Smith ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Dowe was not present when the vote was recorded.)
Council Member Dowe entered the meeting.
DOWNTOWN ROANOKE, INCORPORATED-SPECIAL SERVICE DISTRICT:
Pursuant to instructions by the Council, the City Clerk having advertised a
public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the proposed expansion of Downtown Roanoke
Service District boundaries, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/meson Friday, June 4, 2004, and Friday, June 11,2004.
The City Manager submitted a communication advising that a Downtown
Service District (DSD) was first established by Council on December 8, 1986,
effective July 1, 1987; on May 28, 1991, Council approved expansion of the
DSD to include the boundaries that represent the DSD as it stands today;
revenues generated by the District contribute approximately $250,000.00
annually to the operation of Downtown Roanoke Incorporated (DRI); the current
taxation rate of the DSD is 10 cents per $100.00 of assessed value; and the
1230
City Administration has' received a request from DRI for consideration of a
further expansion of the District boundaries.
It was further advised that during 2003, DRI conducted a review of
potential areas for further expansion of the Special Services District; the
process included evaluation of land uses and functions of the areas, review of
the services and benefits that would be provided by the Special Services District
to the areas, and meetings with property owners and business interests located
within the areas.
It was explained that the area identified for expansion is located to the
west of the current District, and is bounded by 5th Street on the east, 7th Street
on the west, Marshall Avenue on the south, and the rear property lines of
properties fronting on the north side of Campbell Avenue on the north; the area
. contains such facilities as the YMCA facility currently under construction, The
Jefferson Center, the Cotton Mill property, and a variety of commercially
developed properties along Campbell Avenue; and it is estimated that
approximately $3,000.00 of additional annual revenue and contribution to
Downtown Roanoke Inc. will result from the expansion area at the current
taxation rate.
The City Manager advised that expansion will provide a wide range of
services and support activities provided by DRI to the area, including
participation and inclusion in ongoing planning and marketing initiatives,
economic development initiatives such as business retention and recruitment,
community relations, and special events; therefore, she recommended that
Council approve expansion of the Downtown Special Services District.
Mr. Fitzpatrick offered the following ordinance:
(#36749-062104) AN ORDINANCE amending and reordaining §32-102.2,
Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as
amended, to amend the definition of the downtown service district to expand
such district; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
1231
(For full text of ordinance, see Ordinance Book No. 68, page 590.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36749-062!04. The
motion was seconded by Mr. Harris.
David A. Diaz, President, Downtown Roanoke, Inc., appeared before
Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36749-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, Dowe
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
Council Member Fitzpatrick requested that the record reflect that he is a
member of the Foundation for Downtown Roanoke, Inc., however, he receives
no remuneration for his service.
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on an amendment of Vision
2001-2020, the City's Comprehensive Plan, to include the Franklin
Road/Colonial Avenue Area Plan, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 4, 2004, and Friday, June 11,2004.
1232
The City Planning' Commission submitted a written report advising that
the Franklin Road/Colonial Avenue Area Plan covers an area southwest of
downtown Roanoke and is bounded by Brandon Avenue to the north, the
neighborhoods of Greater Raleigh Court and Grandin Court to the west, South
Roanoke to the east, and Roanoke County to the south; and City Planning staff
noted the following issues in the plan that need to be addressed:
Traffic flow around Colonial Avenue between Towers
Shopping Center and Virginia Western Community College,
including exit/entrance ramps from Route 220 and Wonju
Street.
Maintaining the original character and density of single-
family neighborhoods
Divided opinions of residents on potential curb and gutter
improvements
To address these issues, the Plan features four priority recommendations:
Community
Design
Define the edges of commercial centers, and
commercial zoning and development on Colonial
Avenue and Franklin Road to ensure that
residential areas are preserved and development
of existing commercial sites is maximized.
Residential
Development
Maintain current residential densities in the
update of the zoning ordinance per the future
land use map.
Economic Development
· Focus small-to-medium sized
development in concentrated
infrastructure.
commercial
centers
1233
Improve the flow of traffic in the vicinity of
Virginia Western Community College and Towers
Shopping Center, including Wonju Street,
Brandon and Colonial Avenues and all
exit/entrance ramps. This improvement is the
highest priority of the plan.
Focus curb, gutter and sidewalk improvements
to existing arterial streets and ensure inclusion
in all future developments/subdivisions.
The City Planning Commission recommended approval of the Franklin
Road/Colonial Avenue Area Plan for adoption as a component of Vision 2001-
2020.
Mr. Harris offered the following ordinance:
(#36750-062104) AN ORDINANCE approving the Franklin Road/Colonial
Avenue Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive
Plan, to include the Franklin Road/Colonial Avenue Area Plan; and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 68, page 592.)
Mr. Harris moved the adoption of Ordinance No. 36750-062104. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
1234
There being no discussion or comments by Council Members, Ordinance
No. 36750-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, Dowe
and Mayor Smith ................................................... 7.
NAYS: None .................................................. 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke that a certain 32.5
square foot portion of a 15-foot alley located between 3rd and 4th Streets, S. W.,
adjacent to a parcel of land identified as Official Tax No. 1011306, be
permanently vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The t~oano£e
Times on Friday, June 4, 2004, and Friday, June 11,2004.
The City Planning Commission submitted a written report advising that
the petitioner plans to construct a concrete pad to support a dumpster that
serves the Police Department's building at Official Tax No. 1011306; the
subject portion of the alley is not improved; width of the alley is approximately
15 feet, with only 10 feet paved; the proposed vacation of, and subsequent
construction in, the subject portion of alley will not limit or deny vehicular
access to the alley; the petitioner has indicated that construction of the
concrete pad will temporarily close the alley to through traffic; and the
petitioner has also stated that all vehicular use of the alley will be restored
upon completion of construction.
The City Planning Commission recommended approval of the request to
vacate, discontinue and close the portion of alley, subject to certain conditions
and that the petitioner not be charged for the portion of right-of-way.
Mr. Harris offered the following ordinance:
1235
(#36751 -062104)' 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 by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 594.)
Mr. Harris moved the adoption of Ordinance No. 36751-062104. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
The being no discussion or comments by Council Members, Ordinance
No. 36751-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
BUDGET-SCHOOLS: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, June 21, 2004, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed
adjustment of the aggregate amount of the Fiscal Year 2004-2005 School Fund
Budget, in connection with appropriation of an additional $4,049,545.00 from
the Commonwealth of Virginia, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 4, 2004, and Friday, June 11,2004.
A communication from the Roanoke City School Board requesting that
Council approve the supplemental appropriation request of $4,049,545.00 in
State funds approved by the General Assembly, advising that the increase
1236
in State revenue categories are the result of actions taken by the Virginia
General Assembly subsequent to passage of the City and School budgets by
Council; additional funds will be used to provide for payment of Comprehensive
Services Act costs, addition of 31.0 full-time equivalent positions, addition of
seven pre-school classes, implementation of funds for discipline/safety, an
increase in the capital project debt reserve, an increase in employee health
insurance premiums, and an increase of 2.0 per cent in the employee salary pay
scales, was before the body.
The Director of Finance submitted a written report recommending that
Council concur in the request of the School Board.
Mr. Dowe offered the following budget ordinance:
(#36752-062104) AN ORDINANCE to appropriate funding approved by
the General Assembly and to decrease the funding from the City, amending and
reordaining certain sections of the 2004-2005 School Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 596.)
Mr. Dowe moved the adoption of Ordinance No. 36752-062104. The
motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36752-062104 was adopted by the following vote:
1237
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
BONDS/BOND ISSUES-BUDGET-CAPITAL iMPROVEMENTS PROGRAM:
Pursuant to instructions by the Council, the City Clerk having advertised a
public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the proposed adoption of a resolution
authorizing the City of Roanoke to contract a debt and to issue or reallocate the
proceeds of general obligation public improvement bonds of the City, in the
amount of $22,350,000.00, for various capital improvements projects and
capital equipment projects, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, June 7, 2004, and Monday, June 14, 2004
The City Manager submitted a communication advising that on May 13,
2004, Council adopted a resolution endorsing the update to the fiscal year
2005-2009 Capital Improvement Program (CIP), which provides for investment
in buildings, economic development, park, school, civic facility and
infrastructure related projects; and as discussed during meetings of the Budget
and Planning Committee and during the Financial Planning Work Session, bonds
will be issued during fiscal year 2004-2005 for the following projects:
· Police Building Phase II $ 6,670,000.00
· Fire-EMS Facilities 4,435,000.00
· Riverside Center for Research
& Technology
Patrick Henry High School
Downtown West Parking Garage
Civic Facilities Expansion
and Renovation
5,5O0,OOO.0O
46,775,000.00
2,000,000.00
4,300,000.00
1238
It was further advised that Council previously authorized issuance of
bonds for the Civic Center Expansion/Renovation project and the Riverside
Center for Research and Technology project, as well as a portion of the bonds
for the Patrick Henry High School project; authorization is needed for the
issuance of bonds for the Police Building Phase II, Fire/EMS Facilities, and the
Downtown West Parking Garage; and authorization is also needed for additional
funding of $8,775,000.00 for the Patrick Henry High School
Renovation/Construction project.
It was explained that funding needs to be appropriated in advance of
bond issuance to award a construction contract for the Police Building Phase II
project; to begin grading and site preparation work for the Fire-EMS Facilities
project; for property acquisition required for the Downtown West Parking
Garage Project; and for improvements that are being done outside of the
Exhibit Hall project, such items include repairs to the plaza, waterproofing,
replacement of electrical panels, relocation of electric service, location of
underground utilities, relocation of the existing cooling tower, and engineering
services; that Council appropriate savings achieved from the restructuring of
the Series 2004 refunding bond escrow to the financial application replacement
project; total savings net of expenses are approximately $764,000.00; as
discussed during the briefing on June 7, 2004, savings of $470,000.00 may be
allocated to pro. iect costs in fiscal year 2004 with an additional amount of
$196,950.00 in fiscal year 2005, and the balance of approximately $97,000.00
may be allocated during fiscal year 2006 and will be included in budget
recommendations for that year.
The City Manager recommended that Council:
Adopt a resolution authorizing issuance of bonds for the
Police Building Phase II ($6,670,000.00), Fire/EMS Facilities
($4,435,000.00), and Downtown West Parking Garage
($2,000,000.00); authorize issuance of $8,775,000.00 in
bonds for the Patrick Henry High School
Renovation/Construction project; and declare the City's
intent to reimburse itself from the sale of such bonds.
Appropriate funding for the following projects:
· Police Building Phase II
· Fire-EMS Facilities
· Downtown West Parking Garage
· Civic Facilities Expansion and
Renovation
$ 6,670,000.00
$ 600,000.00
$ 600,000.00
2,300,000.00
1239
Authorize appropriation of savings from escrow restructuring
associated with the Series 2004 refunding bonds to the
Financial Application Replacement project as follows:
$470,000.00 from currently available escrow savings in fiscal
year 2004 and $196,950.00 from Transfer to Debt Service in
fiscal year 2005; and transfer to debt service fund may be
reduced as debt service in that year is funded by escrow
savings in lieu of the General Fund transfer.
Mr. Dowe offered the following resolution:
(#36753-062104) A RESOLUTION authorizing the issuance of twenty-
two million three hundred fifty thousand dollars ($22,350,000.00) principal
amount of general obligations of the City of Roanoke, Virginia, in the form of
General Obligation Public Improvement Bonds of such City, or the reallocation
of the proceeds of General Obligation Public Improvement Refunding Bonds
heretofore issued by the City, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various capital improvement projects and the
acquisition and installation of various capital equipment projects of and for
such City; fixing the form, denomination and certain other details of such
bonds; providing for the sale of such bonds; authorizing the preparation of a
preliminary official statement and an official statement relating to such bonds
and the distribution thereof and the execution of a certificate relating to such
official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing for the
issuance and sale of a like principal amount of general obligation public
1240
i,mprovement bond anticipation notes in anticipation of the issuance and sale of
such bonds; delegating to the City Manager and the Director of Finance certain
powers with respect to the sale and determination of the details of such bonds
and notes; and otherwise providing with respect to the issuance, sale and
delivery of such bonds and notes.
(For full text of resolution, see Resolution Book No. 68, page 597.)
Mr. Dowe moved the adoption of Resolution No. 36753-062104. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
The being no discussion or comments by Council Members, Resolution
No. 36753-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
Mr. Cutler offered the following budget ordinance:
(#36754-062104) AN ORDINANCE to appropriate funding to be provided
by the Series 2005 Bonds to various capital projects, amending and reordaining
certain sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and
Department of Technology Funds Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 613.)
Mr. Cutler moved the adoption of Ordinance No. 36754-062104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
1241
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
Mr. Fitzpatrick offered the following budget ordinance:
(#36755-062104) AN ORDINANCE to appropriate funding from the
escrow restructuring savings to the Financial Application Replacement Project,
amending and reordaining certain sections of the 2004-2005 General and
Department of Technology Funds Appropriations and dispensing with the
second reading by title of this ordinance.
. (For full text of ordinance, see Ordinance Book No. 68, page 614.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36755-062104. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
CITY CODE-SEWERS AND STORM DRAINS-ZONING-SUBDIVISIONS-WATER
RESOURCES: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 21,2004, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on amendments and revisions to
Chapter 31, Subdivisions, and Chapter 36.1, Zoninq, Code of the City of
Roanoke (1979), as amended, to achieve various purposes as a result of
creation of the Western Virginia Water Authority, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 4, 2004, and Friday, June 14, 2004.
1242
The City Planning Commission submitted a written report advising that
with implementation of the Western Virginia Water Authority on July 1, 2004, it
is necessary to amend various sections of the City Code relative to Zoning and
Subdivisions; and the amendments, while not substantive in terms of actual
land use or development regulations, reflect roles and responsibilities that the
Western Virginia Water Authority will have in the review, processing, and
approval of subdivision requests and comprehensive development plans.
It was further advised that amendments specifically add the Water
Authority to certain sections of the regulations because the Authority will be
formed as a separate legal entity, and will take over roles and responsibilities in
the subdivision and comprehensive development plan review processes
currently within the purview of the Department of Utilities; certain definitions in
. the Subdivision and Zoning sections of the Code are updated to reflect the
formation of the Water Authority; where necessary, the amendments also
update cross-references to other sections of the City Code and the Code of
Virginia (1950), as amended; and amendments also make modifications to
procedures related to the filing and processing of plans and plats, the number
of copies to be distributed, and review and approval of such plans and plats.
The City Planning Commission recommended that Council approve
amendments to the Subdivision and Zoning sections of the City Code.
Mr. Dowe offered the following ordinance:
(#36756-062104) AN ORDINANCE amending and reordaining §§31-4,
31-5, 31-6, 31-8, 31-25, 31-26, 31-27, 31-28, 31-29, 31-32, 31-33, 31-36,
31-39, 31-54, 31-68, 31-74, 31-86, 31-104, 31-105, 31-106, 31-107, and
31-122, of Chapter 31, Subdivision% of the Code of the City of Roanoke
(1979), as amended, to achieve various purposes, including amending and
adding certain definitions, updating references to the State Code and the City
Code, adding references to the Western Virginia Water Authority, clarifying and
amending the responsibilities of the agent to the Planning Commission with
respect to subdivisions, amending filing procedures with respect to
1243
subdivision plats and plans as a result of the creation of the Western Virginia
Water Authority, providing for an effective date, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 615.)
Mr. Dowe moved the adoption of Ordinance No. 36756-062104. The
motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36756-0621 04 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. O.
Mr. Dowe offered the following ordinance:
(#36757-062104) AN ORDINANCE amending and reordaining §36.1-25,
Definitions, by adding the definition of "authority" and by amending the
definition of "utility" to include a reference to an authority; subsection (b) of
§36.1-576, Submission procedures; comprehensive development plan;
subsection (a) of §36.1-578, Siqnature required on approved comprehensive
development plan, to include a reference to the development engineer and the
zoning administrator; and §36.1-580, Chanqes to approved development Dian,
to include a reference to the development engineer, of Chapter 36.1, Zoninq, of
the Code of the City of Roanoke (1979), as amended, providing for an effective
date, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 634.)
1244
Mr. Dowe moved the adoption of Ordinance No. 36757-062104. The
motion was seconded by Mr. Fitzpatrick.
, The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
The being no discussion or comments by Council Members, Ordinance
No. 36757-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
SEWERS AND STORM DRAINS-CITY PROPERTY-WATER RESOURCES-
EQUIPMENT: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 21,2004, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to execution of an Operating
Agreement among the City of Roanoke, the County of Roanoke, and the
Western Virginia Water Authority, which authorizes conveyance of certain
parcels of land, both within and without the City, and the transfer of certain
vehicles and other equipment, upon certain terms and conditions, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 11,2004.
The City Manager submitted a communication advising that the proposed
agreement defines the rights and obligations of the City of Roanoke, Roanoke
County, and the Western Virginia Water Authority for management of area water
and wastewater resources; and the agreement details real property, personal
property, assets, debt, and other liabilities being transferred to the Water
Authority, as well as requirements of the Authority to manage and operate
1245
water and wastewater systems of the City and the County for the benefit of
citizens of both localities, effective July 1,2004.
It was further advised that the document represents the efforts of more
than 250 City and County employees working together in 22 teams for over 16
months to finalize details for creation of the Western Virginia Water Authority;
and leadership provided by the Mayor and Members of City Council and the
Council-Appointed Officers has been invaluable; and while many City
departments were involved in the Water Authority's inception and development,
special recognition is due the Departments of Technology, Finance, Human
Resources, General Services, Public Works and City Attorney's Office, as well as
employees of the Department of Utilities and the Office of Billings and
Collections who will become Water Authority employees.
The City Manager recommended that Council authorize the Mayor and
the City Manager to execute an agreement with the Western Virginia Water
Authority and Roanoke County as above described.
Mr. Cutler offered the following ordinance:
(#36758-062104) AN ORDINANCE authorizing execution of an
Operating Agreement, dated July 1, 2004, among the City of Roanoke, the
County of Roanoke and Western Virginia Water Authority; authorizing the
conveyance of certain parcels of land, both within and without the city, and the
transfer of certain vehicles and other equipment, upon certain terms and
conditions, as contemplated in the Operating Agreement; authorizing certain
other actions; and dispensing with the second reading by title paragraph of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 637.)
Mr. Cutler moved the adoption of Ordinance No. 36758-062104. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
1246
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36858-062104 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
CITY EMPLOYEES: Vice-Mayor Harris offered the following ordinance
establishing compensation for the City Manager, City Attorney, Director of
Finance, Municipal Auditor and City Clerk for the fiscal year beginning July 1,
2004:
(#36759-062104) AN ORDINANCE establishing compensation for the
City Manager, City Attorney, Director of Finance, Municipal Auditor, and City
Clerk, for the fiscal year beginning July 1, 2004; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, page 640.)
Mr. Harris moved the adoption of Ordinance No. 36759-062104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler,
Dowe, and Mayor Smith ............................................. 7.
NAYS: None .................................................. 0.
HEARING OF CITIZENS UPON PUBLIC MA~-I-ERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to
1247
~ouncil.
TRAFFIC-SEWERS AND STORM DRAINS-PARKS AND RECREATION-WATER
RESOURCES: Mr. Chris Craft, 1501 East Gate Avenue, N. E., inquired as to
future plans by the City regarding the East Gate neighborhood, i.e.: sidewalks,
curb and gutter, East Gate Park improvements, etc. He called attention to
overgrown weeds at the foot of East Gate Avenue which could create a traffic
hazard by obstructing the view of motorists making a left turn. He expressed
concern that City of Roanoke customers of the Western Virginia Water Authority
will experience an increase in water rates while the rates of Roanoke County
customers will not change, and questioned the advantage of monthly
water/sewer billing as opposed to the current three month billing cycle.
There being no further business, the
adjourned at 7:45 p.m.
APPROVED
Mary F. Parker
City Clerk
Mayor declared the meeting
Mayor