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HomeMy WebLinkAboutCouncil Actions 08-02-04 F/tzpatrick $6798-080204 ROANOKE C/TY COUNCIl REGULAR SE.V.V/ON AUGUST 2, 2004 9:00 A.M. ROOM 159 AGENDA Call to Order--Roll Call. A communication from Mayor C. Nelson Harris 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. Approved (7-0) File #110-132 Acommunication from the CityAttorneyrequesting that Council convene in a Closed Meeting to consult with legal counsel regarding pending litigation where such consultation in open session would adversely affect the City's negotiating or litigating posture, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification; and additions/deletions to the 2:00 p.m. docket. (15 minutes) Topics for discussion by the Mayor and Members of Council. (15 minutes) Briefings: · Geographic Policing - · Police Building Phase II - · Utility Cut Policy - · Solid Waste Management Plan - · Volunteer Program - Council adopted the following charge for the Committee: 15 minutes 20 minutes 20 minutes 15 minutes I 5 minutes Stadium Study The Stadium Study Committee is charged with assessing the athletic facility needs of the City. The Committee shall review the feasibility of renovating Victory Stadium for use as an athletic facility and venue for events that need to accommodate larger crowds. The Committee shall also review other possible athletic facility venues, including an outdoor track and locations as it deems appropriate. The Committee, with assistance of City staff, shall recommend consultants needed to perform its duties. The Committee shall supervise the work of the consultant. The Committee shall report its recommendation(s) regarding the renovation of Victory Stadium and/or other athletic facilities to the City Council within nine months of the Committee's appointment. File #110-122 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCI£ REGULAR SESSION AUGUST 2, 2004 2.'00 ?.M. CITY COUNCI£ CHAMBER A GENOA 1. Call to Order--Roll Call. The Invocation was delivered by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 5, 2004, at 7:00 p.m., and Saturday, August 7, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-FED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-rED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-I'EE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Gordon Preston Davidson, Director of Community Services of the Blue Ridge Independent Living Center. Adopted Resolution No. 36798-080204. (7-0) File #367 4 Government Finance Officers Association Certificates of Achievement for Excellence in Financial Reporting. File #10-80 Presentation by Edward M. Murray, representing Rebuilding Together. File #80 = CONSENT AGENDA C-1 C-2 C-3 Approved (7-0) ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BYTHE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Thursday, May 20, 2004, and Monday, June 7, 2004. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize an encroachment into a public right-of-way located at 16 Campbell Avenue, S. W. RECOMMENDED ACTION: Concur in the request. File #169 A communication from R. Brian Townsend, Director, Planning, Building and Development, tendering his resignation as a member of the Roanoke Valley Alleghany Regional Commission, effective immediately. RECOMMENDED ACTION: Accept the resignation and receive and file the communication. File #110-326 C-4 A communication from John Renick, Secretary, advising of the resignation of Jesse Dodson as a member of the Roanoke Neighborhood Advocates. C-5 RECOMMENDED ACTION: File #110-488 Accept the resignation and receive and file the communication. Annual report of the Board of Zoning Appeals for fiscal year 2004. RECOMMENDED ACTION: Received and filed. File #51 C-6 Acommunication from the City Manager with regard to an emergency procurement in connection with replacement of the theatrical and stage dimming system at the Roanoke Civic Center Auditorium. RECOMMENDED ACTION: Received and filed. File #192-497 C-7 Qualification of the following persons: Mark K. Cathey as a member of the Board of Fire Appeals for a term ending June 30, 2008; Dennis R. Cronk as a member of the Virginia Western Community College, Board of Directors, to fill the unexpired term of Harriet S. Lewis, resigned, ending June 30, 2006; Sherman P. Lea as a Council representative to the Roanoke Valley Regional Cable Television Committee; George M. McMillan as a member of the Court Community Corrections Program Regional Community Criminal Justice Board for a term ending June 30, 2007; Michael W. Hanks and Anthony Wallace for terms ending June 30, 2006; and Donna S. Johnson for a term ending June 30, 2008, as members of the City of Roanoke Pension Plan, Board of Trustees; and 6 Mark C. McConnel as a member of the Commission for a term ending June 30, 2007. RECOMMENDED ACTION: Received and filed. Approved (7-0) File #15-70-110-230-242-304-429-448 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: 6. REPORTS OF OFFICERS: Roanoke Arts NONE. CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: 1. Acquisition of certain property rights in connection with the Downtown West Parking Garages Project. Adopted Ordinance No. 36799-080204. (7-0) File #553 2. Execution of a Fiscal Year 2005 Community Services Performance Contract with Blue Ridge Behavioral Healthcare Board of Directors. Adopted Resolution No. 36800-080204. (7-0) File #22-335 Acceptance of a Criminal Justice Records System Improvements Continuation Grant from the Virginia Department of Criminal Justice Services. Adopted Budget Ordinance No. 36801-080204 and Resolution No. 36802-080204. (7-0) File #60-236 Appropriation and transfer of funds in connection with the Comprehensive Services Act. Adopted Budget Ordinance No. 36803-080204. (7-0) File #60-72 REPORTS OF COMMI~-I-EES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Cutler commended Melinda Mayo, Communications Coordinator, author of an article in the Virginia Town and City Magazine entitled, "Roanoke Continues Tradition of Forging New Paths," which describes the City's progress that led to Roanoke's being selected as one of America's "most livable communities" by Partners for Livable Communities. File #80-184 Council Member Lea recognized former Council Member W. Alvin Hudson, Jr., who was recently appointed by the Governor to serve on the State Board of Corrections. File #80-132 Council Member Lea expressed appreciation to the Mayor, Council Member Wishneff and the City Manager for their attendance at the press conference for the annual kick-off of the Western Virginia Education Classic on Saturday, July 31, 2004, in Elmwood Park. He also expressed appreciation to Council Member Dowe, Director, and members of the Shiloh Baptist Church Choir, who will present a gospel concert in conjunction with the event. File #80-132-388 Council Member McDaniel commended staff of the Housing and Neighborhood Services department for the new Welcome Roanoke Program which began on July 1 and is designed to contact new homeowners in the City with a personalized greeting from City officials, information on local activities and how to access City services, etc. She advised that approximately 117 new homeowners have received the welcome package and welcome packages will be sent to the top 20 apartment owners in the area in an effort to reach renters. File #80-132-195 Council Member Wishneff requested an update in regard to passenger rail service in the Roanoke area; whereupon, the City Manager advised that Dr. Robert Martinez, Senior Vice-President, Finance, Norfolk Southern, has agreed to serve as guest speaker at the Regional Leadership Summit which will be held on September 24 at 12:00 noon in Bedford. Dr. Martinez will provide an update on the intermodal transportation issue. File #132-533 Council Member Wishneff referred to an article written by Dan Kasey in a recent edition of The Roano/ce 7'~roes in which he noted that if certain actions are taken by the City, the City of Roanoke could have a national quality dirt bike track; whereupon, he requested a response by the City Manager. File #132-227-442 Council Member Wishneff expressed concern with regard to the City's application of the Family Leave Act and requested a briefing at a future Council work session. File #132-184 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: The Reverend John Kepley, 2909 Morrison Street, S. E., spoke in regard to saving/renovating Victory Stadium. He advised that the 7,000 people who signed a previous petition expect Council to do the good and reasonable thing which is to renovate Victory Stadium. File #122 Ms. Alice Hincker, 4024 South Lake Drive, S. W., spoke in regard to the proposed geographic policing program which was presented to Council at its 9:00 a.m. work session. She expressed concern in regard to the lack of community involvement in biweekly planning discussions that have been held since January, 2004, and advised that organizations concerned about the delivery of service to the City's schools have requested that the School Resource Officer Program remain intact and designated as a specialized unit, as opposed to dividing the program between each of the zones that contain a school, however, no response has been received to the request. File #5-467 Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that Officer Butch Lewis should be reassigned to Patrick Henry High School as a School Resource Officer. He stated that Victory Stadium should be renovated because of its historic value to the citizens of Roanoke and because renovation is favored by a majority of Roanoke's citizens. File #122-467 Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., spoke in support of the renovation of Victory Stadium and asked that Council give the Stadium Study Committee the latitude to complete its charge without involvement by Council. File #122 Mr. Winfred Noell, 2743 Northview Drive, S. W., spoke in support of the utility cut proposal that was presented to Council at its 9:00 a.m. work session; however, he stated that the one quarter inch tolerance provision is unrealistic and the problem rests in follow up by the City to inspect utility cuts after the pavement has settled. He advised that the topics that were initially on the table regarding the stadium issue are Orange Avenue or Victory Stadium and not high school tracks, high school facilities, athletic needs, and entertainment, etc. He added that the Stadium Study Committee should study only Victory Stadium versus Orange Avenue because all other topics have been studied and the citizens of Roanoke have let their voices be heard. File #122-268-467 Mr. Bob Caudle, 4231 Belford Street, S. W., offered his service as a member of the Stadium Study Committee. File #66-79-122 Mr. Robert Gravely, 729 Loudon Avenue, N. W., spoke with regard to the renovation of Victory Stadium, the manner in which taxpayers' money is spent, and the need to pay adequate wages to citizens in order to stimulate Roanoke's economy. File #66-79-122 Council Member Wishneff requested that the City Manager and the Chief of Police meet with the Acting Superintendent of Schools, school principals and key Parent-Teacher Associations to discuss the geographic policing program; whereupon, the City Manager advised that a summit is scheduled to be held within the next two weeks with representatives of the Police Department and the School administration at which time the program will be detailed to all key administrative officials and Council will be provided with follow up information as a result of the summit. File #5-467 CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO RE HEARD. MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 12. CITY MANAGER COMMENTS: NONE. CERTIFICATION OF CLOSED SESSION. (7-0) The following persons were appointed/reappointed to certain boards and committees: Flood Plain Committee File #110-237 Kathy Hill for a term ending June 30, 2005. Parks and Recreation Advisory Board File #67-110 Christene A. Montgomery to fill the unexpired term of S. James Sikkema, resigned, ending March 31, 2005; and Sharon L. Stinnett to fill the unexpired term of Onzlee Ware, resigned, ending March 31, 2005. Roanoke Valley-Alleghany Regional Commission File #110-326 C. Nelson Harris to fill the unexpired term of Ralph K. Smith, ending June 30, 2006. Stadium Study Committee File #110-122 George C. Miller Charles A. Price Gwendolyn W. Mason Gregory W. Feldmann L. Thompson Hanes Chad Van Hyning Marsha Combs David B. Trinkle Kermit E. Hale Sherley E. Stuart Jan P. Wilkins John H. Parrott (Two additional members will be announced at the next regular meeting of Council on Monday, August 16, 2004.) C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE (540) 853-2444 FAX: (540) 853-1145 August 2, 2004 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, CNH:snh C. Nelson Harris Mayor WILLIAM M. HACKWORTH CITY ATYOR NEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 I FAX: 540-853-1221 EMAIL: cit yatty @ ci.roanoke.va.us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON A S S ISTANT CITY ATI'ORNEY S August 2, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel regarding pending litigation where such consultation in open session would adversely affect the City's negotiating or litigating posture, pursuant to §2.2-371 i.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f William M. Hackworth City Attorney CC: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August~ 2004. No. 36798-080204. A RESOLUTION memorializing the late Gordon Preston Davidson, Director of Community Services of the Blue Ridge Independent Living Center. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Davidson on Thursday, July 15, 2004; WHEREAS, Mr. Davidson was bom in Williamson, West Virginia in 1946; WHEREAS, Mr. Davidson graduated from East Tennessee State University in 1973 with a bachelor's degree in mass communication and a minor in social work; WHEREAS, before assuming his position with Blue Ridge Independent Living Center, Mr. Davidson worked as an intake specialist at the Virginia Department for the Blind and Vision Impaired; as an assistant news director at radio station WSVA in Harrisonburg; and as an adult protective services worker with Roanoke Department of Social Services; WHEREAS, at Blue Ridge Independent Living Center, Mr. Davidson's duties included producing quarterly newsletters, leading sensitivity training classes, and reviewing places for handicap accessibility; WHEREAS, Mr. Davidson also was active in community organizations, including the Roanoke City Manager's Task Force on Community Relations, the Mayor's Committee for People With Disabilities, the Multiple Sclerosis Society Governmental Relations and Programs Committees, and the Virginia Council on Social Welfare; WHEREAS, Mr. Davidson was diagnosed with multiple sclerosis in 1988, yet maintained his independence and used his education, talents, and skills to advocate the rights of people with disabilities and encourage the community to be more accessible to all. HSiVlEASURES~r-memorializinggordondavidson.doc WHEREAS, Mr. Davidson served as the Director of Community Services of the Blue Ridge Independent Living Center for almost 10 years, until recently when he was diagnosed with advanced renal cancer. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Gordon Preston Davidson, and extends to his family its sincerest condolences. 2. Davidson's mother, Almedia Davidson. The City Clerk is directed to forward an attested copy of this resolution to Mr. ATTEST: City Clerk. H:WiEASURES~r-memorializinggordondavidson.doc Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 July 6, 2004 The Honorable Ralph Smith Mayor City of Roanoke Pension Plan 215 Church Avenue SW Roanoke VA 24011 Dear Mayor Smith: We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended June 30, 2003 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to: Jesse A. Hall Director of Finance under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, enclosed are a sample new release and the Certificate Program "Results" for reports with fiscal years ended during 2002 representing the most recent statistics available. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association Stephen J. Gauthier, Director Technical Services Center SJG/ds Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 07/20/2004 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Roanoke by the Government Finance Officers Association of the United States and Canada (GFOA) for it's comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Dawn L. Hope, Financial Systems Accountant The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 15,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, |L 60601 Phone (312) 977-9700 Fax (312) 977-4806 July 20, 2004 The Honorable Ralph K. Smith Mayor City of Roanoke 215 Church Ave., SW Room 452 P.O. Box 1220 Roanoke VA 24011-1538 Dear Mayor Smith: We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended Jnne 30, 2003 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to: Jesse A. Hall Director of Finance under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, enclosed are a sample new release and the Certificate Program "Results" for reports with fiscal years ended during 2002 representing the most recent statistics available. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association Stephen J. Gauthier, Director Technical Services Center SJG/ds Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 07/06/2004 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Roanoke Pension Plan by the Government Finance Officers Association of the United States and Canada (GFOA) for it's comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Harold R. Harless, Jr., Retirement Plans Accountant The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 15,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August2,2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Ed Murray, of Rebuilding Together, to present a plaque to Council for the sponsorship given to repairing a home in the City of Roanoke. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk C-1 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, Articte 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. 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 ................................................ 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 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 V~eek. 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 .................................................. O. 1087 COMMITTEES-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 .................................................. 0. (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 ABST.,U.A CT O.F VOTES caSt in the City of ROANOKE at the May 4, 2004 General Election, for: · Virginia, MAYOR Alice P. Hincker C. Nelson Harris Delvis O. "Mac" McCadden George A. Sgouros .... ~ ............ 4.033 4,982 4,244 111 Total Write-in Votes [Valid Write-rna + Invalid Writs-Ins = Total Wrlte4n Votel ] .......... 0 We, the undersigned Electoral B~ard, upon examination of the offJc, isl records deposited wkh the Clerk of the Circuit Cou~f of the election held on May 4, 2004, do hereby ce~lify thet the above is a true and (xwrect Abstract of Votea cast at sa~d election and do. therefore, determine and de. late that the following person has received the greatest number of votes cast for the above oF~e in said election: C. Nelson Harris Given under our hands this 6th day of May, 2004. ~ , Chairman c~---~ / ~] an ~ ~:4~(~\'~A' '~."~ ) .... V~e Chei~ 1090 ABST. RA CT OF VOTES cast in the City of ROANOKE et the May 4, 2004 General Eiacfion, for: , Virginia, MEMBER CITY COUNCIL AT LARGE Wendy J. Jones Beverly T. Fitzpatrick, Jr. ................. 6,071 7,486 Sherman P. Lea Brian J. Wishneff William B. "Bill" Carder E. Duane Howard Angela Mays Norman ................. 6.RR9 ................. 6,623 ................. 4,296 ................. 817 ................. 2,849 TOtal Write-In Votes [Valid Write4n~ + Invalid Write4n~ = Total Write-In Votes ] .......... 2 We. the undersigned Eleotoml Board, upon examination of the official records depos~ed with U'm Clen~ of the Cimuit Court of the election held on May 4. 2004. do hereby certify that the above Js a true and co,rest Abstract of Votes ca~t at said emotion and do, themf~, detennine and declare that the following pe~on(a) has (have) received Ute grsaidst number of votes cast for the above off, ca in said election: Beverly T. Fitzpatrick Sherman P. Lea Brian J. Wishneff Given under onr hands this 5th day of May, 2004. , Chairman 1091 VOTES CaST FOR OFFICE OR (ii) R wRn~N C~NOIOATE WAS ELr-CTEO TO THE OFFIGE. WRITE-INS CERTIFICATION ROANOKE ~o~"~ ~"~ CITY COUNCIL General O Special' Election May 4, 2004 AT LARGE _ Page 1 of WRITE-INS - SUMMARY 1. Invalid Write-ins ............................... 2 2. Valid Write-Ins .................................. 2 3. tal Write-Ins ..................... VALID WRITE-INS - DETAIL 2 Chris Chitum ......... We, the undersigned EleCtoral Board. upon examination of the offic~l records deported wfth the Clerk ~f the'C~rcult Court of the ef6ction h6td on May 4, 2004, do hereby ce~ti~ that, with the contJnualion degas iodiosted, the above is a true and correct certification of the write-in wfos cast at said elation for the office indicated above Given under our hands this 5 th day of May, 2004. 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 .................................................. 0. 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 (1950), 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 fo!lowing vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch, and Mayor Smith .......................................... 7. NAYS: None .................................................. 0. 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 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 .................................................. 0. 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. 001-120-200S - $21,708.00 Fees for Professional Services Account No. 001-12-2111-2010 $8,000.00 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, Bestpitch, and Mayor Smith .......................................... 7. NAYS: None .................................................. O. 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 inthe 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. 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. 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 $110,000.00; 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 $110,000.00 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. 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 ................................................. 0. (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 .................................................. 0. 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 nece§sary 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. 36700-052004. 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 .................................................. 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 .................................................. 0. 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 Virginia 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 Manns, 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, 1S01 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 that 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 wi~h 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 MayQr 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-3, 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 Roanoke 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 ~:onsistency of the request with Vision 2001-2020'$ policies of minimizing curb cuts and taking advantage of o'pportunities 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 teems 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 Vis/on 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 V/s/on 2001-202~. 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 V/s/on 200_I-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 V/s/on 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. 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." 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 a,!lay 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 ~he 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 C. ity 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 Bes(pitch 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 Cour~il 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 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. 2510106-2510117, 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 $24,500.00. 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 SOl(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 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. 36703-052004 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch, and Mayor Smith .......................................... 7. NAYS: None .................................................. O. 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 Wire/ess Te/ecornrnunications 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 Telecommunications 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 W/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 unifor.m 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 Telecommunications Po/icyare 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/e~ornnTunications Policy 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 wireless 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 Y/s/on 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 A11Adopt zoning regulations that address communication towers to minimize their visual impact. It was advised that the W/re/ess Telecommunications Po/icy is the next step in further refining the general policies of Vision 2001-2020; the Wire/ess Te/ecornrnunicat/on$ Po/Ny has more specific policies and actions for reviewing and evaluating requests for wireless telecommunications facilities within the City; and the W/re/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 Te/ecornrnunications 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 replay:ed 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 client 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 roofs 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 re~olaced, 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. 1119 When it is not feasible to replace standing-seam metal roofs with the same materials, explore the use of prefabricated battened-metal roof systems. Since January 1, 2000, there has been no request to the Architectural Review Board to approve the replacement of standing-seam metal with fiberglass shingles on the main roof of a house; there have been two requests, however, including one at the April 2004 Board meeting that were approved to replace slate shingles with architectural grade fiberglass shingles that emulated slate shingles; the projects were approved because the applicant provided sufficient detail and proposed to apply the materials in a manner that preserved the character of the structure. On behalf of the Architectural Review Board, Mr. Marietta recommended that Council affirm the decision of the Board to deny the issuance of a Certificate of Appropriateness. Following discussion of the matter, based on evidence, testimony and documents, Mr. Harris moved that Council affirm the decision of the City of Roanoke Architectural Review Board on March 1, 2004, that no Certificate of Appropriateness be issued for roof replacement at 365 Washington Avenue, S. W., as set forth in the Petition of Appeal, on the grounds that the proposed installation would not be compatible with the architectural defining features of the building. The motion was seconded by Mr. Bestpitch. If Council votes to affirm the decision of the Architectural Review Board, question was raised in regard to options, if any, that are available to the petitioner; whereupon Mr. Townsend advised that the petitioner requested the Architectural Review Board to approve the asphalt shingle roof; if Council upholds denial by the Architectural Review Board, the applicant has 30 days stay in order to appeal the decision of the Council to the Circuit Court; and after that time, if the petitioner does not choose to appeal, he will be in violation of the City's Zoning Ordinance. He reviewed the following options: the petitioner can present a new proposal to the Architectural Review Board for a different type of roof, and offer modifications to the current roof to determine if the changes/modifications are amenable to the Board; the petitioner can remove the roof and re-establish a me~al seam roof on the house in some manner similar to the original roof; and other roof materials could be proposed to the Architectural Review Board for consideration. 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 asthe 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 wi nd ows: Identify and keep the original materials and features of windows, such as size, shape, glazing, muntins and moldings; Consider new 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 business, the Mayor declared the meeting adjourned at 9:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 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 ..................... 5. ABSENT: None .................................................. O. (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 downtown 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 1-581 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 retardantcould be priced for use at specific City/I-581 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) 5'h 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 conceivably 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 economyofthe 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 waytojudge 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~") Valley Metro bus services (from 14'" to 9t") Street lighting (from 33'd to 26'h) Getting information to citizens (from 35t" to 30'h) 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'h to 22"d) Building permit application/review (from 22"d to 29'") Maintenance of storm drainage systems (from 24t" to 35'~) Economic development assistance (from 29'" to 37'h) Street paving, maintenance and repair (from 41'~ to 46'") Services With Most Discrepant Importance Versus Quality Ratings: Mowing of City parks - Iow importance/high quality Response to citizen complaints and requests - high importance/Iow quality Street paving, maintenance and repair - high importance/Iow quality Valley Metro bus services - Iow importance/high quality 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 2003 - 69.7 How would you rate the effectiveness of the City of Roanoke government in meeting community needs? (very and somewhat effective) 2000 - 79.4 2001 - 80.4 2002 - 74.3 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 staff and 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 fora 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., BeverlyT. 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 .................................................... O. (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 .................................................... O. (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 $6,450.00, 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 atotal 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 .............................................................. S. 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 avariety 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 Foun'dation 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 49]..) 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, 8estpitch, Cutler and Mayor Smith .............................................................. 5. NAYS: None .................................................... 0. (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 cutoff date 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 City 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, Office 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; eligibility to elect coverage, 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 ].1 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 .............................................................. 5. 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 Financial 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 filed on April 1.2, 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 36.1-51.0 et seq. 1151 4) S) 6) 7) 8) 9) ~o) 11) 12) 13) 14) 15) 16) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. Clubs, lodges and fraternal organizations. Post offices. Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. Theaters with unlimited seating capacity. Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. General and professional offices including financial institutions. Medical clinics. Medical offices. General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. Funeral homes. Restaurants. 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: 1) 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 (].2,000) 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: ao 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. s) 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 ½) 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 Vision 2001- 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 (].979), as amended, and Sheet No. 71]., 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, _Caving )~our land and Water, Carvins Cove Watershed and Catawba Val/ey, which was sent to all residents of the Carvins Cove and Catawba Valley areas. 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 response, recommendation or report to Council. 1157 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 Roanoke, 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 1 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:S5 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: 1161 AYES: Council Members Dowe, Fitzpatrick, Bestpitch, Cutler and Mayor Smith .............................................................. 5. NAYS: None .................................................... 0. (Council Member Wyatt and Vice-Mayor Harris were absent.) There being no further adjourned at 3:42 p.m. ATTEST: business, the Mayor declared the meeting APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August2,2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Encroachment into Public Right-of Way / Proposed Awning at 16 Campbell Avenue, SW, Tax No. 1011707 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on proposed encroachments into public right-of-way. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, August 16, 2004. A full report will be included in the August 16, 2004, agenda material for your consideration. Respectfully submitted, Darlene L. Butc-'ham City Manager DLB/SEF C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator ROANOKE PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room Roanoke, Vir§inia 24oll 540.853.1730 fax 54o.853~230 plan nin§@ci.roanoke.va.us July 19, 2004 Mary F. Parker City Clerk Roanoke, Virginia Dear Mary: Please accept this letter as my resignation as a Commission member of the Roanoke Valley Allegheny Regional Commission, effective immediately. Thank you for the opportunity to serve in this capacity. /f CC: Sincerely, R. Brian Townsend, Director Planning Building and Development Darlene L. Burcham, City Manager CITy.. OF RO_..ANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 5, 2004 File #110-536 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk R. Brian Townsend, Director Planning Building and Development Roanoke, Virginia Dear Mr. Townsend: Your communication submitting your resignation as a member of the Roanoke Valley AIleghany Regional Commission was before the Council at a regular meeting which was held on Monday, August 2, 2004. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley Alleghany Regional Commission from September 16, 2002 to August 2, 2004. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure R. Brian Townsend August 5, 2004 Page 2 pc: Wayne G. Strickland, Executive Director, Roanoke Valley AIleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Stephanie M. Moon, CMC, Deputy City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOIO* OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk(~ci.roanoke.va.us August5,2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #110-536 Mr. Jesse Dodson 3858 Long Meadow Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Dodson: The Mayor and Members of Roanoke City Council were advised of your resignation as a member of the Roanoke Neighborhood Advocates at a regular meeting of the Council which was held on Monday, August 2, 2004. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for · your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Advocates from November 24, 2003 to August 2, 2004. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: John Renick, Secretary, Roanoke Neighborhood Advocates, 436 Walnut Avenue, S. W., Roanoke, Virginia 24014 Robert A. Clement, Jr., Roanoke Neighborhood Neighborhood Development Specialist Steph~.nie K4. Moon, CMC, Deputy City Clerk Partnership,. ROANOKE Roanoke Neighborhood Advocates Promoting the Development of World-Class Neighborhoods Members: Carl Cooper Chair Sandra B, Kelly Vice-Chair John Renick Secretary Shirley Bethel Bob Caudle Jesse Dodson John Griessmayer Robin Murphy-Kelso Richard Nichols Cheryl D. Ramsey Dawn Vineyard June 24, 2004 To Mary Parker, City Clerk: Please be advised that Jesse Dodson has tendered his recognition on the Roanoke Neighborhood Advocates. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us August 2, 2004 The Honorable C. Nelson Harris, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2004, it is my honor to present to you the annual report for July 1,2003 through June 30, 2004. For fiscal year 2003-2004, the Board of Zoning Appeals held twelve (12) regular public hearings, during which there were seventeen (17) variance requests, twenty-nine (29) special exception (use) requests, and four appeals of the Zoning Administrator's decisions. On behalf of the Board, would like to express our appreciation for Council's ongoing efforts to improve the effectiveness of the BZA through funding for the training and certification of the Board members. In the current year, the Board of Zoning Appeals' goals are to: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. We are also currently working with the Department of Planning, Building and Development to review and provide comments on proposed regulations for a new zoning ordinance. Furthermore, we continue to work with the City Attorney's Office to assure that our procedures promote a concise and fair process. Kermit E. Hale, Chairman 0~- O~ I~z O0 (JO 0 ILl Z I- I- LU UJ o ~--r ....En~- ~)Ld E--, CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 2, 2004 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Emergency Procurement for Auditorium Dimming Systems Replacement- Roanoke Civic Center This is to advise Council that on July 20, 2004, I approved an emergency award declaration to replace the theatrical and stage dimming system (i.e. the "patch panel") at the Roanoke Civic Center Auditorium. Several factors lead to that request being made by staff and my subsequent approval of such request. These factors included the following: 1) The existing "patch panel" interconnects and controls the theatrical lighting fixtures (used on the stage) to the Auditorium's electrical power system. 2) The panel incorporates patch cords, which are no longer available, that are used to connect and control (dim) the various lighting circuits. The insulators on the plug ends of the cords wear out exposing the electrical wiring and creating a potential shock hazard to technicians who operate the panel. 3) The problem first surfaced some five or six years ago and was resolved at that time by shortening the length and rewiring the cords. The problem has again resurfaced, but the cords cannot be shortened any further. Mayor Harris and Members of City Council August 2, 2004 Page 2 4) The panel needs to be replaced as soon as oossible to eliminate the potential hazard. Per procurement regulations, the City is still required to foster competition. To comply, staff solicited general (prime) contract bids for the project from six different electrical contractors, each contractor having a staff of sufficient size to perform the work in a timely manner. In addition, given that the work associated with the new dimming equipment is very specialized, it also invited four specialty subcontractors to offer to provide that work. All work on the project will hopefully be completed by the end of September 2004, during the period when the seating in the Auditorium is being replaced. At the present time the Auditorium is not in use and is not scheduled to be used until the first week in October 2004. A meeting was held at the Auditorium on July 22, 2004 to distribute the documents and to review the work. Only one bid was received on July 28, 2004, for the project in the amount of $246,757 from Newcomb Electric Company, Inc. Other contractors invited to submit bids did not do so for different reasons, to include current workload and the requirement that the project be bonded. It is our intent to award a contract for the amount indicated to eliminate this potential hazard and have the work done within the time frame indicated. As required by City Charter, this is for information purposes and no action by Council is required. Respectfully submitted, Darlene L. Burcham City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Wilhemina Boyd, Direction of Civic Facilities Phillip C. Schirmer, City Engineer George Snead, Assistant City Manager 07')' OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 5, 2004 File #15-70-110 Stephanie M. Moon, CMC, Secretary Board of Fire Appeals Roanoke, Virginia Dear Ms. Moon This is to advise you that Mark K. Cathey has qualified as a member of the Board of Fire Appeals for a term ending June 30, 2008. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark K. Cathey, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Fire Appeals, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me thise~,lt~ay of ~ 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~ , DEPUTY CLERK N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004\JUNE OATHS.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540} 853-2541 Fox: (540) 853-1145 E-mail: clcrk~ci.ronnoke.va.us STEPHANIE M. MOON DepuW City Clerk SHEILA N. HARTMAN A~sistant City Clerk August 5, 2004 File #110-467 Dr. Robert Sandel, President Virginia Western Community College P. O. Box 14007 Roanoke, Virginia 24038-4007 Dear Dr. Sandel: This is to advise you that Dennis R. Cronk has qualified as a member of the Virginia Western Community College Board of Directors, to fill the unexpired term of Harriet S. Lewis, resigned, ending June 30, 2006. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dennis R. Cronk, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Virginia Western Community College, Board of Directors, to fill the unexpired term of Harriett S. Lewis, resigned, ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this y o 2004. / BREN/~ HAMILTON, C~RK O~CIRCUiT COURT CITY OF ROANOKE Office of the City Clerk Mary i:. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 5, 2004 File #110-448 Robert R. Altice, Chair Roanoke Valley Regional Cable Television Committee 616 South Maple Street Vinton, Virginia 24179 Dear Mr. Altice: This is to advise you that Sherman P. Lea has qualified as a City Council representative to the Roanoke Valley Regional Cable Television Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Darlene L. Burcham, City Manager Carolyn S. Ross, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Diane S. Childers, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Elaine Simpson, Roanoke Valley Television Access Director, $41 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherman P. Lea, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Council representative to the Roanoke Valley Regional Cable Television Committee, according to the best of my ability (So help me God). Subscribed and sworn to before me this,-~_~day o~ 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT 07-)' OF ROANOKE Office of the City Clerk Mary i:. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 5, 2004 File #15-110-242 James T. Phipps Director of Court and Community Corrections 516 E. Main Street Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that George M. McMillan has qualified as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George ~.~ McMillan, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this '~day of "~uJ.~ 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT ,DEPUTY CLERK H:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\George A McMil[an.doc CITY OF ROANOKE Office of the City Clerk Mary ~:. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 5, 2004 File #110-429 Jesse A. Hall, Secretary, Board of Trustees City of Roanoke Pension Plan Roanoke, Virginia Dear Mr. Hall: This is to advise you that Michael W. Hanks and Anthony Wallace have qualified for terms ending June 30, 2006, and Donna S. Johnson has qualified fora term ending June 30, 2008, as members of the Board of Trustees, City of Roanoke Pension Plan. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael W. Hanks, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this/~/"~/day of~ 2004. BREN//D~ L' HAM ILTOI~'( CL~ OF~_THE/~IRCU IT COURT BY ~/-~ ~~, DEPUTY CLERK N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004~JUNE OATHS.DOC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anthony Wallace, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Pension PLan, Board of Trustees, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this / ~ d'--ay of ~- v/~, 2004. BY , DEPUTY CLERK N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004\JUNE OATHS.DOC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Donna S. Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impadially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this 2 1 day of ~,,/~, 2004. BRENDA L. HAMILTO~CLERK OF THE CIRCUIT COURT BY ~ ~~ ,DEPUTYCLERK N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004\JUNE OATHS.DOC 07')' OF ROANOKE Office of the City Clerk Mary ~:. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 5, 2004 File #15-110-230 Judith M. St.Clair, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. St. Clair: This is to advise you that Mark C. McConnel has qualified as a member of the Roanoke Arts Commission, for a term ending June 30, 2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark C. McConnel, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this~,~,~b~ay of J~J~ 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT bY ~~_ -~~ ~Q, DEPUTY CLERK N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004\JUNE OATHS.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August5,2004 File #553 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36799-080204 providing for acquisition of certain interests in property needed by the City for the Downtown West Parking Garages Project; providing for the City's acquisition of certain property rights by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 5, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Beth A. Neu, Director, Economic Development Deborah J. Moses, Parking Coordinator Sherman M. Stovall, Director, Office of Management and Budget Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2004. No. 36799-080204. 'AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for the Downtown West Parking Garages Project; providing for the City's acquisition of certain property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the Downtown West Parking Garages Project, the City wants and needs certain fee simple interests, subject to satisfactory environmental site inspections and acceptable title reports, as set forth in the report and attachments thereto in the City Manager's letter to this Council dated August 2, 2004. The proper City officials are authorized to take appropriate action ~o acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines. All requisite documents shall be approved by the City Attorney. 2. A public necessity and use exists for the acquisition of such property and immediate acquisition is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as she deems appropriate to the owner or owners of real estate official tax numbers 1010829, 1113512, 1113513, 1113514, 1113515, and 1113516. Upon the H:\ORDINANCES\O-PropAcqDTWestParldngGar080204.doc acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner or owners, certified by the City Attorney to be entitled to the same. ' 4. Should the City be unable to agree on a purchase price for such project with the owner or owners of real estate official tax numbers 1010809, 1010810, and 1010811, after a bona fide offer has been made, or should any owner or owners of such property be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City these property rights. 5. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owner or owners. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .... City Clerk. H:\OP, DINANCES\O-PropAcqDTWestParkingGav080204.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August2,2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Property Rights Acquisition for The Downtown West Parking Garages Project The Church Avenue West Parking Study determined that there is a deficit in the parking supply in the downtown west area of approximately 500 spaces on a normal week day. The City's Capital Improvement Program includes $7.2 million in future general obligation bonds for development of two new parking garages, each containing 250 - 300 spaces. On June 21,2004, City Council authorized the issuance of $2.0 million in general obligation bonds for this project, with the remaining funding to come from a future bond issue. Council also authorized the appropriation of $600,000 in advance of bond issuance for this project. These garages will address the deficit of parking spaces. Several sites with proximity to the downtown area were considered as possible locations, with two sites being selected that best meet the needs for the new garages. One garage will be located on Luck Avenue, the other at Campbell/Salem Avenues. See Attachments #1 and #2 for site maps. Authorization is needed to move forward with acquisition of the necessary property rights. See Attachment #3 for a list of the parcels needed. Total acquisition costs for consideration and related expenses such as title reports, environmental inspections, and relocation are estimated to be $1.2 million. Honorable Mayor and Members of Council August 2, 2004 Page 2 Recommended Action(s): Authorize the City Manager to acquire fee simple title to the property described in Attachment #3, subject to an acceptable environmental inspection and title report. Such property rights may be acquired by negotiation, as shown on Attachment #3, or eminent domain. Respectfully submitted, Darlene L. Bu~ City Manager DLB/SEF Attachments C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Beth A. Neu, Economic Development Director Deborah J. Moses, Parking Coordinator Sherman M. Stovall, Acting Director of Management and Budget Sarah E. Fitton, Engineering Coordinator #CM04-00092 Attachment #1 Land Acquisition on Salem and Campbell Attachment #2 Land Acquisition on Luck and 5th ATTACHMENT #3 Church Avenue West Parking Garages ProJect Tax No. Prooertv Owner Prooertv Riqhts Authority 1010809 1010810 1010811 1010829 1113512 1113513 1113514 1113515 1113516 Nestle Brook LLC Nestle Brook LLC Nestle Brook LLC Times World Corp. American National Red Cross American National Red Cross American National Red Cross Derey Properties, LLC Derey Properties, LLC Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Negotiation or Eminent Domain Negotiation or Eminent Domain Negotiation or Eminent Domain Negotiation Negotiation Negotiation Negotiation Negotiation Negotiation CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 5, 2004 File #22-335 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia De~r Ms. 8urcham: I am attaching copy of Resolution No. 36800-080204 approving and authorizing execution of the Blue Ridge Behavioral Healthcare FY 2005 Performance Contract, upon certain terms and conditions, as more particularly set forth in a letter from the City Manager dated August 2, 2004, to Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Darlene L. Burcham August 5, 2004 Page 2 pc: Mr. S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-400! Jesse A. Hall, Director of Finance Jane R. Conlin, Director of Human Services Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 2004. No. 36800-080204. 'A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral Healthcare FY 2005 Performance Contract, upon certain terms and conditions. WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the P~rformance Contract; and WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare Board pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2005 Performance Contract proposed to be entered into with the Blue Ridge Behavioral Healthcare Board, as more particularly set forth in the City Manager's letter dated August 2, 2004, to this Council, is hereby approved. 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August2,2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Blue Ridge Behavioral Healthcare FY 2005 Performance Contract Background: The 1998 General Assembly passed HB428 which amended and reenacted sections of the Code of Virginia relating to local roles and responsibilities for mental health, mental retardation, and substance abuse services. Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental heath, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract. The City of Roanoke has already established Blue Ridge Behavioral Healthcare pursuant to this statutory provision as the Community Services Board. Considerations: Blue Ridge Behavioral Healthcare has submitted the Fiscal Year 2005 Community Services Performance Contract in accordance with the Code of Virginia Title 37.1 to ensure the delivery of publicly funded services and Honorable Mayor and Members of City Council August 2, 2004 Page 2 supports to citizens of the Commonwealth with mental illness, mental retardation, or substance abuse. Services are to be directly or by contract through the operating board of the Community Services Board. Section 37.1-198B. Code of Virginia requires all governing bodies for the localities served by the Community Services Board to approve the Community Services Performance Contract. Recommended Action: Adopt the attached resolution approving the execution of the attached Blue Ridge Behavioral Healthcare FY 2005 Performance Contract and authorize the City Manager to execute any required documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board. Respectfully submitted, City Manager DLB:tem Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare Rolanda B. Russell, Assistant City Manager for Community Development #CMO4-00136 FY2005 Community Services Performance Contract Exhibit A Blue Ridge Quarter C Consolidated Budget Revenue Source Mental Mental Substance TOTAL Health Retardation Abuse State Funds 2,335,036 1,061,029 1,627,154 5,023,219 State Restricted Funds 1,170,910 0 413,200 1,584,110 Local Matching Funds 770,795 41,071 83,430 895,296 Fee Revenues 4,574,653 5,047,396 1,313,596 10,935,645 Federal Funds 420,972 0 2,077,669 2,498,641 Other Funds 482,724 398,118 0 880,842 State Retained Earnings 0 Federal Retained Earnings 0 Other Retained Eamings 0 Subtotal Funds 9,755,090 State Funds One-Time State Restricted Funds One-Time Federal Funds One-Time 0 Subtotal One -Time Funds 0 TOTAL ALL FUNDS 9,755,090 0 6,547,614 0 0 4,000 4,000 5,51g 6,547,614 5,519,049 21,821 Expenses I 9'755'°901 Local Match Computation Total State Restricted and State Fund 6,324,565 (Less DAP and Net Reinvestment) Local Matching Funds 895,296 Total State and Local 7,219,861 % Local Match 12.40% Administrative & Management Expenses Total Admin. Expenses 2,882,013 Total Expenses 21,821,753 % Administration 13.21% 6,547,614t 5,619,049I 21,821,753I Fees Transferred TO FROM NET -387,586 387,586 Emergency Response Budget Revenue Expenses Report Date 7/9/2004 AF-1 FY200$ Performance Contract Blue Ridge l~ntmclul Comments tCornmentl SA Other FedemI-CSB includes FBG RR&HA for $17,213 and FBG Botetourt Co Safe Comt~tgnt2 ~chools for $16,700. Comment3 MR Other Funds includes Pact C for Early Intervention of $370,198 and Retained Comment4 Ealllh ~jS Of $27,9'20. Corrttr~nt5 MH Other Funds includes CSA of $349,522 and other Grant money of $133,202. Cornment6 In-ldnd match of $224,000 is the depreciation realized from a gift to the Board Comment7 of a building valued at $5.6m using staig~ line de~ over 25yrs as Comment8 advised by our aditors. Comment9 Corrmzent l O Commcnt l l Commentl2 Comment l $ Comment l 4 Comment l 5 CommentI6 Comrnent l 7 Commentlt Comment I 9 Comment20 ReportDate 7/9/2004 AF-2 FY 2005 Performance Contract MH Financial Summary Blue Ridge Revenue Sources Fees MH Medicaid Fees MH Fees: Other Revenue 3,838,648 444,857 Total MH Fees MH Transfer Fees (To)lFrom MH Net Fees Restricted Funds Federal MH FBG SED (C&A) MH FBG SMI MH FBG PACT MH Fed PATH MH Fed Shelter Plus (NW only) MH Other Federal - DMHMRSAS MH Other Federal - CSB Total Federal Restricted MH Funds State MH Acute Care (Fiscal Agent) MH Transfer In/(Out) Acute Care MH Net Acute Care 4,283,505 291,148 4,574,653 149,100 264,869 0 7,003 0 0 0 420,972 MH Facility Reinvestment (Fiscal Agent) MH Transfer Inl(Out) Facility Reinvestment MH Net Facility Reinveatment MH Aftercare (Wintex/DADS- HPR II) MH PACT MH Discharge Assistance MH CSA Non-Mandated Total State Restricted MH Funds 0 700,000 282,764 188,146 1,170,910 Other Funds MH Other Funds MH Federal Retained Earnings MH State Retained Earnings MH other Retained Earnings Total Other MH Funds 482,724 0 0 0 482,724 Repo~Date 7/9/2004 A~-3 FY 2005 Performance Contract MH Financial Summary Blue Ridge Revenue Sources State Funds MH State General Funds MH State Regional Deaf Services MH State NGRI MH State Children's Services Total State MH Funds Local Matchin~l Funds MH In-Kind MH Contributions MH Local Other MH Local Government Total Local MH Funds Total MH Revenue Revenue 99,499 0 0 671,296 770,795 9,?~5,090 MH One Time Funds MH FBG SWVMH Board Total One Time MH Funds Total ALL MH Revenue 0 0 9,755,090 Report Date 7/9/2004 AF-4 FY 2005 Performance Contract MR Financial Summary Blue Ridge Revenue Sources Fees MR Medicaid Fees MR Medicaid ICFIMR MR Fees: Other Total MR Fees MR Transfer Fees (To)/From MR Net Fees Restricted Funds Federal MR Child Day Care MR Other Federal - DMHMRSAS MR Other Federal - CSB Total Federal Restricted MR Funds State MR Facility Reinvestment (Fiscal Agent) MR Transfer Inl(Out) Facility Reinvestment MR Net Facility Reinvestment Total State Restricted MR Funds Other Funds MR Workshop Sales MR Other Funds MR State Retained Earnings MR Other Retained Earnings Total Other MR Funds State Funds MR State General Funds MR OBRA MR Family Support MR Children's Family Support Total State MR Funds Local Matching Funds MR In-Kind MR Contributions MR Local Other MR Local Government Total Local MR Funds Revenue 5,033,937 0 401,045 5,434,982 -387,586 5,047,3~6 0 0 0 0 0 398,118 0 0 398,118 833,840 92,806 109,983 24,400 1,061,029 41,071 0 0 0 41,071 Report Da~e 7/9/2004 AF-5 FY 2005 Performance Contract MR Financial Summary Blue Ridge Revenue Sources Total ALL MR Revenue Revenue 6,~47,614 Report Date 7/9/2004 AF-5 FY 2005 Performance Contract SA Financial Summary Blue Ridge Revenue Sources Fees SA Medicaid Fees SA Fees: Other Total SA Fees SA Transfer Fees (To)/From SA Net Fees Restricted Funds Federal SA FBG Alcohol/Drug Trmt SA FBG Women SA FBG Prevention-Women SA FBG SARPOS SA FBG HIVIAIDS SA FBG Facility Diversion SA FBG Jail Services SA FBG Crisis Intervention SA FBG Prevention SA FBG Co-Occurring SA FBG Turning Point SA FBG Prey-Strengthening families SA Other Federal - DMHMRSAS SA Other Federal - CSB SA Fed TANF/LINK SA Fed State Incentive Grant Total Federal Restricted SA Funds State SA Facility Reinvestment (Fiscal Agent) SA Transfer Inl(Out) Facility Reinvestment SA Net Facility Reinvestment SA Facility Diversion SA Comm. Based Tmt - Women SA Jail Services Total State Restricted SA Funds Revenue 124,162 1,092,g96 1,217,158 96,438 1,313,596 1,177,352 80,000 20,000 240,677 107,210 46,436 0 0 213,000 0 0 0 0 33,913 102,293 56,788 2,077,669 0 0 0 202,800 102,224 108,176 413,200 Report Date 7/9/2004 AF-6 FY 2005 Performance Contract SA Financial Summary Blue Ridge Revenue Sources Other Funds SA Other Funds SA Federal Retained Earnings SA State Retained Earnings SA other Retained Earnings Total other SA Funds State Funds SA State General Funds SA State Women's Svs. (Link) SA Region V Residential SA Jail Servlces/Juv Detention SA Postpartum - Women Total State SA Funds Local Matching Funds SA In-Kind SA Contributions SA Local other SA Local Government Total Local SA Funds Total ALL SA Revenue Revenue 0 4,000 0 0 4,000 1,550,739 0 0 70,224 6,191 1 ,~Z7,154 83,430 0 0 0 83,430 6,$19,~49 Report Date 7/9/2004 AF-7 LOCAL GOVERNMENT TAX APPROPRIATIONS Blue Ridge FY2005 City/County Salem City Roanoke Cotmty Roanoke City Craig County Botetottrt County Total Local Government Tax Funds: Tax App~p~iou 95,000 117,755 417,617 8,000 32,924 671,296 Report Date 7/9/2004 AF-9 FY2005 CSB 100 Mental Health Utilization Data Quarter: C Blue Ridge Report for Form 11 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 100 Emergency Services 10.7 r-rEs 22256 15033 1,405 2347 $1,087,673 310 Outpatient Services 19.4 FTEs 40352 27795 1,433 2035 $2,166,736 315 Intensk~ In-Home Se~ices 7.25 FTEs 15080 10187 1,405 100 $567,180 320 Case Management Servmes 33.5 FTEs 69680 47268 1,411 1445 $2,931,066 415 Therapeutic Day Treatment for C&A 90 slots 74880 64800 720 90 $1,145,960 425 Rehabilitation 25 Skis 42900 26935 1,077 113 $478,648 475 Alternative Day Supfxxt Arrangements 0 FTEs 0 454 140 $12,000 581 SuppodNe Residential Servfces 10.9 FTEs 22672 15360 1,409 132 $1,135,539 810 Prevention Servfces 2 F'rEs 4160 2810 1,405 $230,288 910 Discharge Assistance Project (DAP) ;~{~:~:. ~;i~ ~ ~ ~ ¥~ ~ Total Expenses $9,785,090 Report Da~e 7/9/2004 AP-1 FY200$ CSB 200 Mental Retardation Utilization Data Blue Ridge Quarter: C Report for Form 21 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 310 Outpatient Services 0.2 FTEs 416 281 1,405 45 $21,717 320 Case Manage~e~ Services 15.5 FTEs 32240 21952 1,416 655 $1,269,244 425 Rehabilitation 37~3 Slots 46550.4 27610 740 154 $564,339 430 Sheltered Employment 7 Slots 1036 1034 148 7 $21,000 460 Transitional or Supfx~ted Employment 0 FTEs 0 1191 28 .~5,801 475 Altamafive Day Support Anangements 0 FTEs 0 2732 100 $21,675 551 Supe~ised Residential Services 53 Beds 19345 18829 355 53 $3.758,763 5~1 Supfxxfive ResidenOal Services 8.15 P-rEs 16952 6575 807 218 $322,574 278 $134,383 0.5 FTEs 1040 4580 9,160 240 $396,118 145 Total Expenses $6,647,614 587 Family Supfxxt ~20 Early Interventior t Sell~ces 920 Medicaid Mental Retardaffon HCB Waiver Sen4ces Report Date 7/9/2004 AP-2 FY2005 CSB 300 Substance Abuse Utilization Data Blue Ridge Quarter: C Report for Form 31 Service Total Units Contract Units Per Consumers Core Services / Enrollment Codes Capacity Units Capacity Served Expenses 260 CommuniyBased SA Medical De, ox Inpatient Services 12 Beds 4380 3602 300 617 $600,663 310 Outpatient sennces 12.95 FTEs 26936 18445 1,424 953 $1,323,515 320 Case Management Services 9 FTEs 18720 12649 1,405 820 $1,010,460 410 Day Treatment/Partial Hospitalization 8.5 sl~s 6502.5 4902 577 81 $268,872 521 Intensive Residential Services 38 Beds 13870 12461 328 265 $1,286,233 531 Jail-Based Habilitatkm serwces 38 Beds 13870 13458 354 206 $174.959 610 Prevention Sendces 6 FTEs 12480 930 SA State MH Facff~y Admission Diversion Project Total Expenses $654,347 $$,S19,049 Report Date 7/9/2004 AP-3 FY2005 CSB Performance Contract Supplement Table 1: Board of Directors Membership Characteristics Name of CSB: rBlue Ridge Total Aooointments: ~ Vacancies: Number of Consumers: I 3 ] 0 I Filled Aooointments: I Number of Familv Members: ,6,I ARe of Board Members A~e ~S- aS: I 3 I A~e36-64: I 111 A~e 65+: I 2 ] Total: I 161 Gender of Board Members Female: I 10 I Male: I 61 Total: I 161 African-American: Asian/Pacific Islander: Caucasian: Other:. Total: Race and Ethnicitv of Board Members 01 01 Hispanic Origin: Businessmen/Businesswomen: Educators: Human Service Professionals: Homemakers: Medical Professionals: Lawyers: Sheriffs: Board Member Occupations 2J ol ol Elected Gov't Officials: Appointed Gov't Officials: Clergy: Clerical/Blue Collar Workers: Retired Individuals: Non-Gev. Serv. Providers: No Response: Total: I 23] Elected and aDoointed government officials might also be identified in other occuoational catet:ories; duolication is acceotable in this table and it is imoortant to identify ali of the government officials serving as Board members. Report Date 7/9/2004 AP-4 Fiscal Year 2005 CSB Performance Contract Supplement Table 2: Fiscal Year 2005 Board Management Salary Costs Explanations for Table 2a Table 2b: Community Service Board Employees 1. 2. 3. 4. 5. 6. No. oflq'lz CSB Employees MH MR SA ADMIN TOTAL Consumer Service FTEs 106.75 99.07 61.5~ 1 267.32 Support Staff lq'Es 35.2G 19.23 18.30 41.75 114.48 tOTAL Vl'E CSB Employees 141.95 118.30 79.8( 41.75 381.8£ Report Date 7/9/2004 LU LU E 0 Central Office, State Facility, And Community ' ' Services Board Partnership Agreement 4. Culturally Competent Services: CSBs and State Fac ities agree that in delivering services they will endeavor to address to a reasonable extent the cultural and linguistic characteristics of the geographic areas and populations that they serve. Section 7: System Leadership Council. The System Leadership Council includes representatives of the Central Office, State Facilities, CSBs, and local governments. The Council will meet at least quarterly to, among other responsibilities: 1. identify, discuss, and resolve issues and prob ems; 2. examine current system functioning and identify, ways to improve or enhance the operations of the public mental health, mental retardation,.and substance abuse services system; and 3. identify, develop, propose, and monitor the implementation of new service modalities, systemic innovations, and other approaches for improvir~gI tl~e. accessibility, responsiveness, and cost effectiveness of the publicly-funded mental health,, m'enial retardation, and substance abuse services system. . .- Section 8: Communication. CSgs, State Facilities; a~d th~ C~ntral Office agree to: communicate fully with each other to the greatest e~ent p0ssibl~. · Each·partner agrees to ~espond in a timely manner to requests for information from other padners', ~onsidering the type, amount, and availability of the information requested. ' ' - Section 9: Quality Improvement. On an ongoing.basis, the padners agree to work together to identify and resolve barriers and policy and procedural issues that interfere with'the most effective and efficient delivery of public servides. Section 10: Reviews, Consultationl and 'l:e.chnical Assistance. CSBs, State Facilities, and the Central Office agree, within the constraints of a~,ailable resources, to participate in review, consultation, and technical assistance activities to impr6ve the quality of services provided to consumers and to enhance the effectiveness and efficiencY of their operat ohs. Section 11: Revision. This is a long-term agreement that does not and should not need to be revised or amended annually. However, the partners'agree'that'this agreement may be revised at any time with the mutual consent of the parties. When'revisions become necessary, they will be developed and coordinated through the System Leadership Council. The partners agree that this agreement will be reviewed and renewed at the end 0f·§ye years from the date of its initial'. signature, unless they decide jointly to review and r~new Jt sooner. All such reviews and renewals will be coordinated through the System Leadership Council.. Finally, either party may terminate this agreement with six months written notice to the other party'and to the System Leadership Council. Section 12: Signatures. In witness thereof, the CSB'and the Department, acting on behalf of the Central Office and the State Facilities that it operates, have caused this Partnership Agreement to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Commissioner Date  erVices Board Executive Director Behavioral Healthcare 6-25-04 Date 8. ~-30-2004 FY 2005 Community Services Performance Contract c. Systemic Outcomes: Develop meaningful systemic outcomes, perhaps with regional variations, that would enable the Board and the Department to focus attention on a smaller' number of more significant outcome and performance measures. d. Billing Consumers: Develop recommendations regarding procedures about charging and billing consumers for services, particularly in those situations where consumers have no resources and continuing to bill them would be administratively burdensome and not cost effective. e. Priority Populations: Resolve concerns about the continued use of priority populations. f. Discharge Planning Protocols: Complete revision of the protocols using a process that is consistent with the provisions of the Partnership Agreement. g. Discharge Assistance Project: Streamline reporting for DAP, using a process that is consistent with the provisions of the Partnership Agreement. h. Co-Occurring Disorders: Develop protocols for providing state facility and Community- based services to individuals with dual or multiple diagnoses (e.g., MI/MR, MI/SA, MR/MI, MR/SA, SA/MI, SA/MR, MI/MR/SA), including criteria correlated to each diagnosis for admission of these individuals to particular state facilities and program or service models for serving these individuals in community settings. 11. Signatures: In witness thereof, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Blue Ridge Behavioral Healthcare Board By: Name: James S. Reinhard, M.D. Title: Date: Name: Rita J. Gliniecki Title: Chairman of the Boar~- - Commissioner Date: June 25, 2004 By: ~ Name: S. James Sikkema, LCSW Title: Executive Director Date: June 25, 2004 04-30-2r)f~4 FY 2005 Community Services Performance Contract Exhibit D: Individual Board Performance Measures Signatures: In witness thereof, the Department and the Board have caused this performance contract amendment to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Board By: Name: James S. Reinhard, M.D. Title: Commissioner Date: By: Name: Title: Date: Chairman of the Board By: Name: Title: Executive Director Date: 29. 04~30-2004 FY 2005 Community Services Performance Contract Exhibit F.' Federal Compliances Certification Regarding Salary: Federal Mental Health and Substance Abuse Prevention and Treatment (SAPT) Block Grants Check One __ 1. The Board has no employees being paid totally with Federal Mental Health or SAPT Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $171,900 per year. __ 2. The following employees are being paid totally with Federal Mental Health or SAPT Block Grant funds at a direct salary (not including fringe benefits and operating costs) in excess of $171,900 per year. Name Title 35. 04-30-2004 FY 2005 Community Services Performance Contract Exhibit F: Federal Compliances Assurances Regarding Restrictions on the Use of Federal Block Grant Funds The Board assures that it is and will continue to be in full compliance with the applicable provisions of the Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grants, including those contained in the General Requirements Document and the following requirements. Under no circumstances shall Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grant funds be used to: 1. provide mental health or substance abuse inpatient services~; 2. make cash payments to intended or actual recipients of services; 3. purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment; 4. satisfy any requirement for the expenditure of non-federal finds as a condition for the receipt of federal funds; 5. provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs; 6. provide financial assistance to any entity other than a publi6 or nonprofit private entity; or 7. pro~;~e~tment sergice:~*~ or [Sourc~ 45 C~6.135] '!..:~ correctional institutions of the state. June 25, 2004 Date ~ However, the Board may expend SAPT Block Grant funds for inpatient hospital substance abuse services only when all of the following conditions are met: a. the individual cannot be effectively treated in a community-based, non-hospital residential program; b. the daily rate of payment provided to the hospital for providing services does not exceed the comparable daily rate provided by a community-based, non-hospital residential program; c. a physician determines that the following conditions have been met: (1) the physician certifies that the person's primary diagnosis is substance abuse, (2) the person cannot be treated safely in a community-based, non-hospital residential program, (3) the service can reasonably be expected to improve the person's condition or level of functioning, and (4) the hospital-based substance abuse program follows national standards of substance abuse professional practice; and d. the service is provided only to the extent that it is medically necessary (e.g., only for those days that the person cannot be safely treated in a community-based residential program). [Source: 45 CFR § 96.135] 36. 04-30-2004 FY 2005 Community Services Performance Contract Exhibit G: Local Government Acceptance of Funds and Board Approval of Community Services Performance Contract 1. Name of Board: Blue Ridge Behavioral Healthcare 2. City or County designated as as the Board's Fiscal Agent: City of Salem, Virginia 3~ Name of the Fiscal Agent's City Manager or County Administrator or Executive: Name: Forest G. Jones Title: City Manager 4. Name of the Fiscal Agent's County/City Treasurer or Director of Finance: Name: Frank P. Turk Title: Director of Finance 5. Name of the Fiscal Agent official to whom checks should be electronically transmitted: Name: Address: Frank P. Turk P. O. Box 869 Salem, VA 24153 ~tle: Director of Finance 6. The Board's board of directors certifies that, to the best of its knowledge and belief, the data and information in this performance contract are true and correct and that its entry into this contract has been duly authorized by a formal vote of the board of directors in an open, public meeting of the board. This signature affirms the board's approval of this performance contract. Signature of Board Chairman June 25, 2004 Date 7. This signature indicates receipt of a Board-approved copy of this performance contract and an agreement by the Board's Fiscal Agent to accept state and federal funds from the Department that are included in this contract. Signature of Fiscal Agen~anager June 25, 2004 Date 37. 04-30-2004 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk August4,2004 File #60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36802-080204 authorizing acceptance of a Criminal Justice Records System Improvement Grant, Grant No. 05-A4486CR03, made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution by the City Manager of the conditions of the grant and other grant documents, in the amount of $72,323.00 (including the required local cash match of $18,081.00), such grant being more particularly described in a letter from the City Manager under date of August 2, 2004, upon certain terms, provisions and conditions relating to receipt of said funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August4,2004 Page 2 pc: The Honorable George M. McMillan, City Sheriff Jesse A. Hall, Director of Finance A. L. Gaskins, Chief of Police Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development John A. Elie, Director, Technology IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 200/~. No. 36802-080204. A RESOLUTION authorizing the acceptance of a Criminal Justice Records System Improvement Grant, Grant No. 05-A4486CR03, made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing the execution by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of the Criminal Justice Records System Improvement Grant, No. 05-A4486CR03, in the mount of $72,323 (including the required local cash match), such grant being more particularly described in the letter from the City Manager dated August 2, 2004, upon the terms, provisions and conditions relating to the receipt of the funds. 2. The local cash match shall be in the amount of $18,081. 3. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, all documents setting forth the conditions of Grant No. 05-A4486CR03 and required to accept the grant. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 4, 2004 File #60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36801-080204 establishing the Record System Improvement Grant, and amending and reordaining certain sections of the 2004-200S General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall August 4, 2004 Page 2 pc: Darlene L. Burcham, City Manager The Honorable George M. McMillan, Sheriff Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development John A. Elie, Director, Technology A. L. Gaskins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 2004. No. 36801-080204. AN ORDINANCE to establish the Record System Improvement 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Inmate Phone Commissions Transfer To Grant Fund Grant Fund Appropriations Fees For Professional Services Expendable Equipment Publications & Subscriptions Revenues Record System Improvement FY 05-Local Record System Improvement FY 05-Local (Grant) Record System Improvement Grant FY 05-State 001-140-3310-2074 $ (9,040) 001-250-9310-9535 9,040 035-640-3411-2010 3,828 035-640-3411-2035 2,000 035-640-3411-2040 66,495 035-640-3411-3413 9,040 035-640-3411-3421 9,041 035-640-3411-3414 54,242 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokegov.com August2,2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Honorable Honorable Honorable Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda McDaniel, Council Member Brian J. Wishneff, Council Member Subject: Records System Improvement Continuation Grant Number: 05-A4486CR03 Dear Mayor Harris and Members of Council: Background: The Virginia Department of Criminal Justice Services (DCJS) provides grant funding for the development and improvement of criminal justice records systems. The Criminal Justice Records System Improvement grant provides funds for automation of criminal justice systems, development of technology to improve and enhance services to victims, development of interfaces that facilitate exchange of information and assistance to localities in conversion to Incident Based Reporting (IBR) systems. In December 2001, DCJS awarded the Roanoke Police Department $165,400 to automate IBR Field Reporting and data entry thereby ensuring quality current data availability to officers and investigators. On June 21, 2004, DCJS awarded the Roanoke Police Department $72,323 ($18,081 of which must be a cash match from the City) to continue automation efforts for the IBR Field Reporting system. The success of this program is dependent upon the full transition of the Police Department and the Sheriff's Office to the same criminal justice records system. The grant funds will be used to create a seamless interface of the two agencies and allow for data sharing through the purchase of additional Police-Pak software licenses along with Jail-Pak and related start-up licenses, equipment, and training. Honorable Mayorand Members of Council August2,2004 Page 2 The required cash match expense of $18,081 will be shared equally by the Police Department and Sheriff's Office and is available in Police Department account, 035-640-3302-2035, and Sheriff's Office account 001-024-3310-2074. Recommended Action: City Council accept the grant and authorize the City Manager to execute the attached Statement of Grant Award/Acceptance. Appropriate the $54,242 from the Criminal Justice Record System Improvement Continuation Program and transfer $9,041 from the Police Department, account 035-640-3302-2035 (Federal Asset Forfeiture), and $9,040 from the Sheriff's Office, account 001-024-3310-2074 (Inmate Phone Commission), to Grant Fund account 035-640-3411 established by the Director of Finance in expenditure accounts as follows: Account Obiect Code Amount Fees for Professional Services Expendable Equipment Publications & Subscriptions 2010 $3,828 2035 2,000 2040 66,495 Total $72,323 Respectfully submitted, Darlene L. Burcham City Manager DLB:mds Attachments c: Honorable George M. McMillan, City Sheriff Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, ACM for Community Development John A. Elie, Director of Technology A. L. Gaskins, Chief of Police CM04-00135 Department of Criminal Justice Services 805EastBroadStreet, 10t~ Floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee: Roanoke City Date: June 21, 2004 Grant Period: Grant Number: From: 07/01/2004 Through: 06/30/2005 05-A4486CR03 Project Director Project Administrator Finnnee Officer Lt. Bill Beason Ms. Darlene Bureham Ms. Ann Shawvcr Lieutenant City Manager Grant Aecmt Roanoke Police Department City of Roanoke City City of Roanoke 348 Campbell Avenue, S.W. 215 Church Avenue 215 Church Avenue Roanoke, VA 24011 Roanoke, VA 24011 Roanoke, VA 24011 Phone: (540) 853-6507 Phone: (540) 853-2333 Phone: (540) 853-2970 Emall: bill_beason@ci.roanoke.va.us Email: darlene_bureham@ci.roanoke.va, us Email: ann_shawver@ci.roanoke.va.us Grant Award Budget DCJS Funds Budget Categories Locality Match TOTALS Federal General Personnel $0 $0 $0 $0 Consultant $2,871 $0 $957 $3,828 Travel $0 $0 $0 $0 Equipment $1,500 $0 $500 $2,000 Indirect Cost $0 $0 $0 $0 Supplies/Other $49,871 $0 $16,624 $66,495 Totals $54,242 $0 $18,081 $72,323 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. Leonard G. Cooke, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to tho conditions pertaining thereto, this day of ,20 Signature: Title: STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 805 East Broad Street Richmond, Virginia 23219 For the Criminal History Records Improvement Program - Localities Agencies Subgrantee: Roanoke City Grant Number: 05-A4486CR03 Federal Catalog Number: 16.579 Title: Criminal Justice Record Systems Improvement Date: June 18, 2004 The following conditions are attached to and made a part of this grant award: Federal grant funds may be used to pay no more than 75% of the total costs of any grant program, with 25% cash match required from the local units of government. Each budget line-item within any grant program requires a 25% cash match. 2. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: 4. 5. 6. · to use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; · to adhere to the approved budget contained in this aware and amendments made to it in accord with these terms and conditions; · and to comply with all terms, conditions and assurances either attached to this aware or submitted with the grant application. Grant funds, including matching funds, may only be expended and/or obligated during the grant period. All legal obligations must be fulfilled no later than 90 days alter the end of the grant period. The subgrantee agrees to submit such reports as requested by DCJS. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purpose. The subgrantee may use its own established travel rates if they have an established travel policy. If subgrantee does not have an established policy, it must adhere to state travel policy and regulations. The state allows reimbursement for aCtual reasonable expenses. The state allows .325 per mile for mileage. Transportation costs for air and rail must be at coach rates. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected staring date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and terminate the project and redistribute the funds. No amendment to the approved budget may be made without the approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested using the Grants Management Online Information System (GMIS), accompanied with a narrative. No budget amendments will be allowed after April 30, 2005. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of ttds grant award. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. 11. Acceptance of this grant award by the local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances - those submitted with the grant application, and those issued with this award - are complied with. 12. Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. PROJECT INCOME: Any funds generated as a direct result of DCJS grant funded projects are deemed project income. Project income must be reported on forms provided by DCJS. The following are examples of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash personal or real property included). 13. Prior to ADCJS disbursing funds, the Subgrantee must comply with the following special conditions: CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 4, 2004 File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36803-080204 appropriating funds to the Comprehensive Services Act program representing expenditures for troubled youth and their families, revising revenue to be provided by the Department of Medical Assistance, and amending and reordaining certain sections of the 2003-2004 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall August 4, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 2004. No. 36803-080204. AN ORDINANCE to appropriate funding to the Comprehensive Services Act program for expenditures of troubled youth and their families and revise the revenue to be 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Medicaid Local Match (Social Services) Foster Care Natural Gas Other Rental Expendable Equipment (<$5,000) Supplemental Security Income A.D.C Foster Care 100% Fees For Professional Services Other Rental Employee Programs Revenues CSA - State Supplemental CSA - Vendor Refunds/Payment Cancel CSA - Parental Support Co-payments CSA - SSA, SSI or Other Payments CSA - Child Support Collections CSA - Prior Report IV-E Expense 001-630-5410-3133 $ 200,068 001-630-5410-3191 138,086 001-630-5311-2024 (28,090) 001-630-5311-3075 (10,000) 001-630-5313-2035 (14,000) 001-630-5313-3116 (55,000) 001-630-5314-3115 (78,000) 001-630-5315-2010 (27,245) 001-630-5316-3075 (17,000) 001-630-5318-2043 (20,000) 001-110-1234-0692 (17,209) 001-110-1234-1422 27,802 001-110-1234-1423 (1,665) 001-110~1234-1424 57,738 001-110-1234-1425 42,163 001-110-1234-1426 (20,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed W~th. ~ ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 2, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Allocation Subject: Comprehensive Services Act Supplemental Background: 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. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non- mandated populations. Upon completion of the year end processing of transactions and various accounting entries, CSA expenditures totaled $9,838,164 for FY 2004. These expenditures exceed the current CSA budget of $9,500,000 by $338,164. Program revenue from cost recoveries will be $106,038 higher than anticipated, and state revenue will be $17,209 lower than anticipated. This results in the need for $249,335 in additional local funds. The additional funding is for mandated services for at-risk youth. Actual expenditures are higher than anticipated primarily because of the local match required for Medicaid eligible expenses. Recommended Action: The Honorable Mayor and Members of City Council August 2, 2004 Page 2 Increase the General Fund Revenue estimate for CSA in the net amount of $88,829 (an increase in revenues from charges for services of $106,038 and a decrease in revenues from the Commonwealth of $17,209) and appropriate funding to the expenditure accounts outlined below. · Transfer funding in the amount of $249,335 from the following Department of Social Service accounts: Natural Gas (001-630-5311-2024) - $28,090 Other Rental (001-630-5311-3075) - $10,000 Expendable Equipment (001-630-5313-2035) - $14,000 Supplemental Security Income (001-630-5313-3116) - $55,000 ADC Foster Care (001-630-5314-3115) - $78,000 Fees for Professional Services (001-630-5315-2010) - $27,245 Other Rental (001-630-5316-3075) - $17,000 Employee Programs (001-630-5318-2043) - $20,000 · Appropriate funding in the amount of $338,164 to the following accounts: Medicaid Local Match (001-630-5410-3133)- $200,078 Foster Care (001-630-5410-3191 ) - $138,086 Respectfully submitted, Darlene L. Burcham City Manager DLB/fjd C: Mary F. Parker, City Clerk William M Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager Jane R. Conlin, Director Human Services/Social Services Sherman M. Stovall, Director of Management and Budget CM04-00141 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 4, 2004 File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36803-050204 appropriating funds to the Comprehensive Services Act program representing expenditures for troubled youth and their families, revising revenue to be provided by the Department of Medical Assistance, and amending and reordaining certain sections of the 2003-2004 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall August 4, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 2004. No. 36803-080204. AN ORDINANCE to appropriate funding to the Comprehensive Services ACt program for expenditures of troubled youth and their .families and revise the revenue to be provided by the Department of Medical Assistance, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing withthe second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Medicaid Local Match (Social Services) Foster Care Natural Gas Other Rental Expendable Equipment (<$5,000) Supplemental Security Income A.D.C Foster Care 100% Fees For Professional Services Other Rental Employee Programs Revenues CSA - State Supplemental CSA - Vendor Refunds/Payment Cancel CSA - Parental Support Co-payments CSA - SSA, SSI or Other Payments CSA - Child Support Collections CSA - Prior Report IV-E Expense 001-630-5410-3133 $ 200,068 001-630-5410-3191 138,086 001-630-5311-2024 (28,090) 001-630-5311-3075 (10,000) 001.-630-5313-2035 (14,000) 001-630-5313-3116 (55,000) 001-630-5314-3115 (78,000) 001-630-5315-2010 (27,245) 001-630-5316-3075 (17,000) 001-630-5318-2043 (20,000) 001-110-1234-0692 (17;209) 001-110-1234-1422 27,802 001-110-1234-1423 (1,665) 001-110-1234-1424 57,738 001-110-1234-1425 42,163 001-110-1234-1426 (20,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed With. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 Ci~yWeb: www.roanokegov.conn August 2, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Allocation Subject: Comprehensive Services Act Supplemental Background: 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. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non- mandated populations. Upon completion of the year end processing of transactions and various accounting entries, CSA expenditures totaled $9,838,164 for FY 2004. These expenditures exceed the current CSA budget of $9,500,000 by $338,164. Program revenue from cost recoveries will be $106,038 higher than anticipated, and state revenue will be $1 7,209 lower than anticipated. This results in the need for $249,335 in additional local funds. The additional funding is for mandated services for at-risk youth. Actual expenditures are higher than anticipated primarily because of the local match required for Medicaid eligible expenses. Recommended Action: The Honorable Mayor and Members of City Council August 2, 2004 Page 2 Increase the General Fund Revenue estimate for CSA in the net amount of $88,829 (an increase in revenues from charges for services of $106,038 and a decrease in revenues from the Commonwealth of $17,209) and appropriate funding to the expenditure accounts outlined below. Transfer funding in the amount of $249,335 from the following Department of Social Service accounts: Natural Gas (001-630-5311-2024) - $28,090 Other Rental (001-630-5311-3075) - $10,000 Expendable Equipment (001-630-5313-2035) - $14,000 Supplemental Security Income (001-630-5313-3116) - $55,000 ADC Foster Care (001-630-5314-3115) - $78,000 Fees for Professional Services (001-630-5315-2010) - $27,245 Other Rental (001-630-5316-3075) - $1 7,000 Employee Programs (001-630-5318-2043) - $20,000 · Appropriate funding in the amount of $338,164 to the following accounts: Medicaid Local Match (001-630-5410-3133) - $200,078 Foster Care (001-630-5410-3191 ) - $138,086 Respectfully submitted, Darlene L. Burcham City Manager DLB/fjd C: Mary F. Parker, City Clerk William M Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager Jane R. Conlin, Director Human Services/Social Services Sherman M. Stovall, Director of Management and Budget CM04-O0141 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August5,2004 File #132-277-442 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council which was held on Monday, August 2, 2004, Council Member Wishneff referred to an article written by Dan Kasey in a recent edition of The Roanoke T/rnes in which it was noted that if certain actions are taken, the City of Roanoke could have a national quality dirt bike track. The matter was referred to you for report to Council. MFP:ew Sincerely,~_.~ ~ J' Mary F. Parker, CMC City Clerk CITY OF RO_..ANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August5,2004 File #132-184 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council which was held on Monday, August 2, 2004, Council Member Wishneff expressed concern with regard to the City's application of the Family Leave Act. You were requested to provide Council with a briefing at a future work session. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham August 6, 2004 Page 2 pc: Jesse A. Hall, Director of Finance MARy F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanokc.va.us August6,2004 File #15-110-237 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Kathy S. Hill 509 Riverland Road, S. E. Roanoke, Virginia 24014 Dear Ms, Hill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 2, 2004, you were reappointed as a member of the Flood Plain Committee, for a term ending June 30, 2005. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Flood Plain Committee. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Read A. Lunsford, Chair, Flood Plain Committee, P. O. Box 1205, Roanoke, Virginia 24006 Philip C. Schirmer, Engineer Liaison Stephanie M. Moon, CMC, Deputy City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) g$3-2541 Fax: (540) 853-1 t45 E-mail: clerk~ci.roanoke.va.us August 6, 2004 File #67-110 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Christene A. Montgomery 622-A Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Montgomery: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 2, 2004, you were appointed as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of S. James Sikkema, resigned, ending March 31, 2005. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 21S Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." H:'~oath and leaving service~Parks and Rec\Christene A. Montgomery oath letter.doc Ms. Christene A. Montgomery August 6, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 23:~4 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk H:\oath and leaving serviceLParks and RecXChnstene A. Montgomery oath letter.doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of August, 2004, CHRISTENE A. MONTGOMERY was appointed as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of S. James Sikkema, resigned, ending March 31, 2005. Given under my hand and the Seal of the City of Roanoke this sixth day of Augu§t, 2004. City Clerk H:\oath and leaving service~Parks and Rec\Christene A. MontgomeD~ oath letter, doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christene A. Montgomery, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of S. James Sikkema, resigned, ending March 3:1, 2005, according to the best of my ability (So help me God). Subscribed and sworn to before me this day of 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK H:\oath and leaving service~Parks and Rec\Christene A. Montgomery oath letter.doc MARY F. PARKER, CMC Cily Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1 $36 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanokc.va~us August 6, 2004 File #67-110 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Sharon L. Stinnette 1801 Mount Vernon Road, S. W. Roanoke, Virginia 24015 Dear Ms. Stinnette: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 2, 2004, you were appointed as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of Onzlee Ware, resigned, ending March 31, 2005. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 4S6 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." H:\oath and leaving se~vice~Parks and Rec~Sharon L Stinnette oath letter.doc Ms. Sharon L. Stinnette August 6, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Parks and Recreation Advisory Board. Sincerely, City Clerk CMC MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk H:Xoath and leaving service~Parks and Rec~Sharon L. Stinnette oath letter.doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of August, 2004, SHARON L. STINNETTE was appointed as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of Onzlee Ware, resigned, ending March 31, 2005. Given under my hand and the Seal of the City of Roanoke this sixth day of August, 2004. City Clerk H:\oath and leaving service~Parks and Rec~Sharon L. Stinnette oath letter.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sharon L. Stinnette, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and . Recreation Advisory Board, to fill the unexpired term of Onzlee Ware, resigned, ending March 3:~, 2005, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY .,DEPUTY CLERK H:\oath and leaving service~Parks and RecLgharon L. Stinnette oath letter.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: ($40) 853-2541 Fzx: (540) 853-1145 E-mail: clerk@ci.roanok¢.va.us STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 6, 2004 File #110-326 The Honorable C. Nelson Harris 3020 Spring Road, S. W. Roanoke, Virginia 24015 Dear Mayor Harris: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 2, 2004, you were appointed as a member of the Roanoke Valley Allegheny Regional Commission, to fill the unexpired term of Ralph K. Smith, ending June 30, 2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. The Honorable C. Nelson Harris August 6, 2004 Page 2 Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 240:~0 Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of August, 2004, C. NELSON HARRIS was appointed as a member of the Roanoke Valley Allegheny Regional Commission, to fill the unexpired term of Ralph K. Smith, ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this sixth day of August, 2004. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, C. Nelson Harris, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Allegheny Regional Commission, to fill the unexpired term of Ralph K. Smith, ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK N:\CKEW1 \oath and leaving servic e~R. oanoke Valley Alleghany Regional Commission~c nelson harris oath lefter.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.va~us August 4, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. George C. Miller Mr. Charles A. Price, Jr. Ms. Gwendolyn W. Mason Mr. Gregory W. Feldmann Mr. L. Thompson Hanes Mr. Chad Van Hyning Ms. Patricia Cronise Ms. Marsha Combs Mr. David B. Trinkle Mr. Kermit E. Hale Mr. Sherley E. Stuart Mr. Jan P. Wilkins Mr. John H. Parrott Mr. Richard H. Kepley Ladies and Gentlemen: At the regular meeting of the Council of the City of Roanoke which was held on Monday, August 2, 2004, you were appointed as members of the Stadium Study Committee. Ms. Cronise and Mr. Kepley will be officially appointed on Monday, August 16, 2004. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." As you know, the Mayor has called an organizational meeting of the committee on Thursday, August 12, 2004, at 4:00 p.m., in the City Council's Conference Room, Room 461, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Joyce Johnson, Secretary, Stadium Study Committee C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August4,2004 Mr. George C. Miller 3349 Kershaw Road, N. W. Roanoke, Virginia 24017 Dear Mr. Miller: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or'special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The 5tedium Study Committee is charged w/th assessing the ath/etic fac///ty needs of the City. The Committee shaft review the feas/b///ty of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /urger crowds. The Committee shaft a/so review other possib/e ath/etic faci/ity venues, inc/uding an outdoor track and/orations as it deems appropriate. The Committee, with ass/stance of City staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report its recommendation(s) regarding the renovation of ~/ictory Stadium and/or other ath/etic fad/it/es to the City Counci/ w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\rnayor letters~victory stadium study committee letter 1.doc Mr. George C. Miller August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Sincerely, Mayor Enclosure N:~CKEWl\mayor letters\victory stadium study committee letter 1,doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August 4, 2004 Mr. Charles A. Price, Jr. 3101 Willow Road, N. W. Roanoke, Virginia 24017 Dear Mr. Price: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged w/th assessing the ath/etic fac//ity needs of the City. The Committee sha// review the feasibi/ity of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other poss/b/e ath/etic faci//ty venues, /nc/ud/n9 an outdoor track and/ocations as it deems appropriate. The Committee, with ass/stance of City staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac/i/ties to the City Counc// within n/ne months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\mayor letters~victory stadium study committee letter 1.doc Mr. Charles A. Price, Jr. August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:~CKEWl\mayor letters\victor7 stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE (540)853-2444 FAX: (540) 853-1145 August4,2004 Ms. Gwendolyn W. Mason 3122 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Ms. Mason: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged with assessing the athletic facility needs of the City. The Committee shall review the feasibility of renovating Victory Stadium for use as an athletic facility and venue for events that need to accommodate larger crowds. The Committee shall a/so review other possible athletic facility venues, including an outdoor track and locations as it deems appropriate. The Committee, with assistance of City staff, shall recommend consultants needed to perform its duties. The Committee shall supervise the work of the consultant. The Committee shall report its recommendation(s) regarding the renovation of Victory Stadium and/or other athletic facilities to the City Council w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:~rnayor lettars~victory stadium study committee letter 1,doc Ms. Gwendolyn W. Mason August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:\CKEWl\mavor letters\victory stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August4,2004 Mr. Gregory W. Feldmann 2521 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Feldmann: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged with assessing the ath/et/c faci//ty needs of the City. The Committee shah review the feasibility of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /arger crowds. The Committee shaH a/so review other possib/e ath/etic faci/ity venues, inc/uding an outdoor track and/ocations as it deems appropriate. The Committee, with ass/stance of City staff, shaH recommend consu/tants needed to perform its duties. The Committee shaH supervise the work of the consu/tant. The Committee shah report its recommendation(s) regarding the renovation of Victory Stadium and/or other ath/etic faci/ities to the City Counci/ within nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\rnayor letters\victory stadium study committee letter 1.doc Mr. Gregory W. Feldmann August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N;~CKEWl\mavor lettem\victo~y stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853- I 145 August4,2004 Mr. L. Thompson Hanes 1036 Oakwood Drive, S. W. Roanoke, Virginia 24015 540-342-8085 (h) Dear Mr. Hanes: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of' professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is char~led w/th assessing the athletic facility needs of the City. The Committee shall review the feasibility of renovating Victory Stadium for use as an athletic facility and venue for events that need to accommodate larger crowds. The Committee shah a/so review other possible athletic fad/ity venues, inc/udin~t an outdoor track and locations as it deems appropriate. The Committee, with assistance of City staff, shah recommend consultants needed to perform /ts duties. The Committee shah supervise the work of the consultant. The Committee shah report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other athletic fac/lit/es to the City Council w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:~mayor letters~victory stadium study committee letter 1.doc Mr. L. Thompson Hanes August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:\CKEWl\mayor letters~victory stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-I 594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 August4,2004 Mr. Chad Van Hyning 2101 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mr. Van Hyning: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged with assessing the ath/etic faci/ity needs of the City. The Committee sha// review the feasibi//ty of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other possib/e ath/etic faci/ity venues, inc/uding an outdoor track and/ocations as it deems appropriate. The Committee, with assistance of City staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac/fit/es to the City Counci/ within nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:~mavor letters\victor,' stadium study committee letter 1.doc Mr. Chad Van Hyning August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:\CKEWl~mayor letters\victory stadium study committee letter 1,doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 August 4, 2004 Ms. Marsha Combs 3627 Dogwood Lane, S. W. Roanoke, Virginia 24015 Dear Ms. Combs: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged w/th assessing the athletic facility needs of the City. The Committee shall review the feasibility of renovating Victory Stadium for use as an athletic facility and venue for events that need to accommodate larger crowds. The Committee shah also review other possible athletic facility venues, including an outdoor track and locations as it deems appropriate. The Committee, with assistance of City staff, shah recommend consultants needed to perform its duties. The Committee shall supervise the work of the consultant. The Committee shah report its recommendation(s) regarding the renovation of Victory Stadium and/or other athletic facilities to the City Council within nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:~mayor lettem~victoPj stadium study committee letter 1.doc Ms. Marsha Combs August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Sincerely, C. Nelson Harris Mayor Enclosure N:~CKEWl\mavor letters\victory stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 · FAX: (540) 853-1145 August4,2004 Mr. David B. Trinkle 2855 South Jefferson Street Roanoke, Virginia 24014 Dear Mr. Trinkle: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged with assessing the ath/etic faci/ity needs of the City. The Committee sha// review the feas/b///ty of renovating Victory Stadium for use as an ath/etic fac///ty and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other poss/b/e arb/eric fac///ty venues, inc/ud{ng an outdoor track and/ocat/ons as it deems appropriate. The Committee, w/th ass/stance of City staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recomrnendat/on(s) regarding the renovation of Victory Stadium and/or other ath/etic fad/it/es to the City Counc// within n/ne months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\mayor lettem~victo~ stadium study committee letter 1.doc Mr. David B. Trinkle August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Sincerely, C. Nelson Harris Mayor Enclosure N:\CKEW1 ~rnayor lettersWictory stadium study committee letter 1 .doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August 4, 2004 Mr. Kermit E. Hale 2222 Blenheim Road, S. W. Roanoke, Virginia 24015 Dear Mr. Hale: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is chaQFed w/th assessing the ath/et/c fac///ty needs of the City. The Committee sha// review the feas/b///ty of renovating Victory Stadium for use as an ath/et/c fac///ty and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other poss/b/e ath/et/c faci/ity venues, inc/udin~ an outdoor track and/ocations as it deems appropriate. The Committee, with ass/stance of City staff, sha// recommend consu/tants needed to perform its duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac/i/ties to the City Counc// within nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:~nayor le[ters~victory stadium study committee letter 1.doc Mr. Kermit E. Hale August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Sincerely, Mayor Enclosure N:~CKEWl\mayor letters\victoB' stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540) 853-1145 August4,2004 Mr. Sherley E. Stuart 3774 Laurel Ridge Road, N. W. Roanoke, Virginia 24017 Dear Mr. Stuart: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charEed with assess/nE the athletic facility needs of the City. The Committee shah review the feasibility of renovating Victory Stadium for use as an athletic faci//ty and venue for events that need to accommodate /arger crowds. The Committee shah a/so review other possible athletic faci/ity venues, inc/uding an outdoor track and/ocat/ons as it deems appropriate. The Committee, w/th assistance of City staff, shah recommend consu/tants needed to perform /ts duties. The Committee shah supervise the work of the consu/tant. The Committee shah report /ts recommendation(s) regard/nE the renovation of Victory Stadium and/or other athletic fac/fit/es to the City Counci/ w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:lmayor lettem\victory stadium study ~ommittee letter 1,doc Mr. Sherley E. Stuart August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:\CKEWl\mayor lettem\victory stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 August4,2004 Mr. Jan P. Wilkins 505 Woods Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Wilkins: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged with assessing the ath/etic faci/ity needs of the City. The Committee sha// review the feasibi/ity of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other possib/e ath/et/c faci/ity venues, inc/uding an outdoor track and/ocations as it deems appropriate. The Committee, with ass/stance of City staff, sha// recommend consu/tants needed to perform its duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/etic faci/it/es to the City Counci/ w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\mayor letters\victory stadium study committee letter 1.doc Mr. Jan P. Wilkins August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N:\CKEWl\mavor letters\victory stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 IELEPHONE: (540) 853-2444 FAX: (540) 853- I 145 August4,2004 Mr. John H. Parrott 714 Wildwood Road, S. W. Roanoke, Virginia 24014 Dear Mr. Parrott: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is charged w/th assessing the ath/etic faci//ty needs of the City. The Committee sha// review the feas/b//ity of renovating Victory Stadium for use as an ath/etic faci/ity and venue for events that need to accommodate /arger crowds. The Committee sha// a/so review other possib/e ath/etic faci/ity venues, inc/uding an outdoor track and/ocations as it deems appropriate. The Committee, with ass/stance of City staff, sha// recommend consu/tants needed to perform its duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report its recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac/i/ties to the City Counc// w/thin nine months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A.list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. H:\mayor letters\victory stadium study committee letter 1.doc Mr. John H. Parrott August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Sincerely, on Harris Mayor Enclosure N:\CKEWI~a'/or letters\victorY stadium study committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 August4,2004 Richard H. Kepley 550 Kepplewood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Kepley: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Stud)/Committee is charged w/th assessing the ath/et/c faci/it)/ needs of the C/t)/. The Committee sha// review the feas/b///t)/ of renovating Victor)/Stadium for use as an ath/et/c fac//ity and venue for events that need to accommodate /urger crowds. The Committee sha// a/so review other possib/e ath/etic faci//ty venues, /nc/uding an outdoor track and/ocat/ons as it deems appropriate. The Committee, with ass/stance of C/t)/ staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee sha// report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac/fit/es to the City Counc// w/thin n/ne months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. N:~CKEW1 tmayor ~ttars~victory stadium study committee letter 1 .doc Mr. Richard H. Kepley August 4, 2004 Page 2 Please complete the enclosed application and return to the City Clerk in the encl6sed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, Mayor N:\C}(EW%mavor letters\victo~ stadium stud'~ committee letter 1.doc C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011 - 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August4,2004 Patricia Cron/se 4001 Lake Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Cron/se: On behalf of the members of the City Council, I want to thank you for your willingness to serve as a member of the Stadium Study Committee. This is a most important endeavor, and the Council has been very thoughtful in determining the Committee's membership. As you will soon find out, the Committee consists of persons with a diversity of professional backgrounds, expertise, and athletic or special events experience that will produce synergy in moving forward on the assigned task. At the Council meeting on August 2, the Council adopted the following as the Committee's charge: The Stadium Study Committee is char~ed w/th assess/n~l the ath/etic faci/ity needs of the City. The Committee sha// review the feas/b///ty of renovating Victory Stadium for use as an ath/et/c fac///ty and venue for events that need to accommodate /urger crowds. The Cornnrn/ttee sha// a/so review other poss/b/e ath/et/c faci//ty venues, /nc/ud/ng an outdoor track and/orations as it deems appropriate. The Committee, w/th assistance of City staff, sha// recommend consu/tants needed to perform /ts duties. The Committee sha// supervise the work of the consu/tant. The Committee shaft report /ts recommendation(s) regarding the renovation of Victory Stadium and/or other ath/et/c fac//it/es to the City Counci/ w/thin n/ne months of the Committee's appointment. The Council will also make certain that the Committee has the necessary clerical and staff support. A list of Committee members has been attached, noting that Council is awaiting confirmation from two nominees of their willingness to serve. Please know that you will receive in the very near future a notice regarding the Committee's initial meeting as soon as those arrangements have been finalized. N:~CKEWl~mayor letters~victory stadium study committee letter 1.doc Ms. Patricia Cronise August 4, 2004 Page 2 Pleas.e complete the enclosed application and return to the City Clerk in the enclosed, postage paid envelope. I thank you in advance for your time, energy and commitment to serve our City in this capacity. If I can be of assistance, please do not hesitate to call on me. With best personal regards, I am CNH:ew Enclosure Sincerely, C. Nelson Harris Mayor N'lCKFWllm~vnr I~fl~rs~victorv stadium study committee letter 1.doc