HomeMy WebLinkAboutMins 07/06/04 - 12/20/04NOTICE
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Mary F. Parker, City Clerk
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 6, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Tuesday,
July 6, 2004, at 9:00 a.m., in Room 212, Roanoke Higher Education Center, 108
North Jefferson Street, City of Roanoke, Virginia, with Mayor C. Nelson Harris
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section
2-15, Rules of Procedure, Rule :1, Regular Meetings, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36746-062104, adopted by
the Council on Monday, June 2:1, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brian J. Wishneff and Mayor C. Nelson Harris---6.
ABSENT: None .................................................. 0.
The Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: David B. Trinkle, RobertJ. Sparrow, Courtney
A. Penn, William H. Lindsey, Alvin L Nash, Kathy G. Stockburger, and Gloria P.
Manns, Chair ........................................................ 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
Representing Roanoke City Schools: Doris N. Ennis, Acting Superintendent,
Roanoke City Public Schools; Cindy H. Lee, Clerk to the School Board; and Richard
L. Kelley, Assistant Superintendent for Operations.
CITY COUNCIL-SCHOOLS: The Mayor announced that the meeting would
be conducted as a joint session of the Council and the Roanoke City School Board
for the purpose of receiving a report by the School Safety/Discipline Task Force
and certain other agenda items if time permits.
The meeting was opened with a prayer by Council Member Sherman P. Lea.
SCHOOLS: Mayor Harris expressed appreciation to the School Board and to
the School Safety/Discipline Task Force for the opportunity to meet with them.
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School Board Chair Manns recognized Acting Superintendent of Schools,
Doris N. Ennis, Courtney A. Penn who began his first term on the School Board on
July 1, 2004, and Alvin L. Nash, who also began his first full three term on the
School Board on July 1. (Mr. Nash was previously appointed to the School Board
on January 5, 2004, to fill the unexpired term of Melinda J. Payne, resigned,
ending June 30, 2004.)
A committee was appointed approximately eight months ago to collect
public comment on issues of school safety and discipline in Roanoke's schools;
and members of the Task Force, all of whom were not present are:
Ellen AIImon, Teacher, Monterey Elementary School
Captain William AIthoff, Patrol Captain, Roanoke Police Department
Carol Brash, First Vice-President, Central Council Parent Teacher
Association
Allisha Childless, Senior, William Fleming High School
Ruth Claytor, Teacher, William Fleming High School
James d'Alelio, Teacher, Breckinridge Middle School
Jean Dixon, Teacher, Woodrow Wilson Middle School
Mark Farrell, Teacher, Jackson Middle School
Rachel Frazier, Teacher, Fallon Park Elementary School
Ben Garden, Student, Patrick Henry High School
Kaye Hale, Executive Director, West End Center, Chair, School Safety
Advisory Committee
Virginia Hardin, Director, Prevention Plus, Blue Ridge Behavioral Healthcare
Jenny Kay Harris, Teacher, William Ruffner Middle School
Kathryn Hatam, Senior, William Fleming High School
Rodger Hogan, School Resource Officer
Anita Manley, School Liaison Officer, Dept. of Juvenile Justice
Alice McCaffrey, President, Central Council Parent Teacher Association
Kay McGrath, Teacher, James Madison Middle School, Member of the School
Safety Advisory Committee
Ed McMichael, Teacher, Patrick Henry High School
Daniel Merenda, Executive Director, Roanoke Adolescent Health Partnership
Susan Morris, Assistant Principal, William Fleming High School
Juan Motley, Bus Driver, Roanoke City Public Schools
James O'Hare, Youth Counselor Supervisor, Sanctuary Crisis Intervention
Center
Katie Pero, Teacher, Grandin Court Elementary School
Anita Price, Counselor, Round Hill Elementary School, President, Roanoke
Education Association
Connie Radcliffe, Principal, Woodrow Wilson Middle School
Annette Shupe, Principal, Morningside Elementary School
Timothy Spence, Detective, Roanoke City Police Department
Faten Taneeb, Refugee and Immigration Services, Roanoke, Virginia
Carter Varner, Junior, Patrick Henry High School
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Barton Wilner, Past Chair, Roanoke Regional Chamber of Commerce,
Owner, Entre Computer Center
Jinny WoodalI-Gainey, Teacher, Addison Aerospace Middle School
Virginia Hardin, Director, Prevention Plus, Blue Ridge Behavioral Health
Care, presented opening remarks on behalf of the Task Force. She advised that
the context in which the Task Force was appointed and began its work was one
that had much community and school based fear, anxiety and concerns about the
safety of children, faculty and staff, which issues were partly coming from school
based actual incidents and community incidents that appeared to be gradually
escalating last year. She stated that fear and anxiety are sometimes more a
matter of perception than actual facts, therefore, part ofwhattheTask Force saw
itself responsible for was to look at what is actually happening, what are some of
the perceptions and concerns, and how reality based are those perceptions and
concerns. She advised that the work of the Task Force became more and more
complex, there appeared to be a lack of unity among community leaders about
how to best address concerns, therefore, the "blame game" was about to surface,
and the Task Force had a charge of trying to stop this unproductive process. She
stated that another issue of concern was that bullying behavior in the Roanoke
Valley was escalating, following national trends; therefore, the Task Force began
its work with a sense of urgency and responsibility, members came together to
work on identifying the complexities of the problems as well as the solutions, the
process was difficult for many reasons because the task was complex, the issues
were high stake and administrative support from the consultant was insufficient
which caused more work by Task Force members and volunteers. She advised
that the Task Force is proud of the report and the work that went into the
document and believes that it has proposed a road map to increase school safety
and to address public anxiety; the Task Force considers the recommendations to
be a "recipe" and not a "menu"; i.e.: when one looks at the recommendations,
one cannot pick and choose the easy ones, but must look at the entire picture.
She stated that the Task Force is committed to implementation of the
recommendations and members are willing to be a part of the process and it is
hoped that resources will be allocated in that direction. She added that survey
statistics are not statistically sound samples of parent, student, and faculty
population, therefore, there is a concern that non representative samples of the
data will be discounted.
Task Force members presented various sections of the report. The
following is an Executive Summary:
Introduction:
The report is the culmination of eight months of work to collect
public comment on issues of school safety and discipline in the
Roanoke, Virginia, public schools. A Joint Steering Committee
composed of key leaders from the school system and the City
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established a Safety/Discipline Task Force. They asked school,
agency, and government groups to nominate people to represent
them. The final Task Force membership was composed of 32
individuals. The following executive summary highlights significant
Task Force conclusions.
Task Force Process:
The Joint Steering Committee, Chaired by C. Nelson Harris, City
Council Member, included E. Wayne Harris, Superintendent of
Schools; Darlene L. Burcham, City Manager; Joe Gaskins, Chief of
Police, Gloria P. Manns, Chair, Roanoke School Board; Kathy G.
Stockburger, School Board Member; and Linda F. Wyatt, City Council
Member. The Joint Steering Committee interviewed PaulaWilder for
the job of facilitating/leading the Task Force and hired her based on
her scope and sequence proposal for the work of the Task Force.
The Task Force held 11 meetings, many of which were attended by
the media, and work culminated with a final report to the Joint
Steering Committee.
Data and Statistical Reliability:
The Task Force was charged with collecting public comment. It did
so by: (1) conducting public forums at four non-school locations; (2)
conducting three surveys (students, parents and bus drivers); (3)
studying the Roanoke Education Association survey; and (4)
examining the work of previous safety related groups. All of the
data included in the report, save Student Surveys, must be
considered non-probability, non-representative samples, and can be
considered to represent the opinions of the people who chose to
participate and/or had access to the surveys.
Conductinq Successful Parent Surveys:
The Task Force was unsuccessful in gathering a representative
sample of parent opinions across the City and many factors may
have contributed to this. In the Future Considerations section of the
report (page 17), ideas are suggested for improving the process in
the future.
The Larger Context of Our Work: Leadership and Economic Development:
The City of Roanoke and the School Board need to define
the vision and goals for school safety and discipline. Once defined,
all decisions regarding this issue should meet this standard.
An opportunity exists in top school leadership to identify a
candidate for school superintendent who has a clear vision and
experience in addressing the issues that emerge in this report.
The Safety Task Force realizes that inaccurate reporting and limited
data does not necessarily indicate unsafe conditions; however, the
perception of poor discipline and safety is real to many
stakeholders. There is a need to realize that poor discipline and
safety not only makes for a poor and unsafe learning and teaching
environment for student and school personnel, it is also the cause
for families to seek other school systems and for the school system
to lose many good teachers and administrators each year.
Good businesses seek communities with good school systems so
that employees have the benefits of good educations for their
children and so that their work force is filled with talented and
skilled workers. Consequently, loss of teachers and administrators
has a direct impact on the City's efforts toward economic
development - attracting and keeping good businesses for the
Roanoke Valley that will support skilled jobs, which, in turn, builds
more prosperity for the entire community (parents, students and
citizens).
Workinq Definition of School Safety:
School safety results when all stakeholders (students, parents,
teachers, administrators, community leaders and citizens) and the
school community share responsibility for creating an environment
that reveres knowledge through: a secure environment, freedom
from fear (physical and emotional fear and danger, mutual respect
and concern, communication, clearly defined roles and
accountability, pride and ownership.
A summary of findinqs is as follows:
Are Students Safe?
The fundamental question of the work of the Safety/Discipline Task
Force is: Are students safe? While a variety of findings show that
improvement can and should be made, it is also clear that the
majority of students and parents give Roanoke City Schools safety
better than passing grades. However, these "Safety GPA's"
deteriorate from high ratings at the elementary level to significantly
lower ratings by high school. Students were also asked about
how safe they feel, physically, and if they felt unsafe, where.
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While locations varied by level, the most frequently cited unsafe
areas were: cafeteria, hallways, restrooms, locker rooms and school
buses and/or bus stops.
Bullyinq:
From the data, it can be concluded that bullying is an issue at all
levels of the Roanoke City Schools. While the majority of students
indicated that they had not been bullied this year (60 per cent plus),
there still exists a substantial number of students who indicated that
they had been bullied or had seen others bullied.
Classroom Safety:
Classroom safety was a central issue for the Task Force. When
students were asked to check which areas of the schools they felt
unsafe in, a small number indicated that they felt unsafe in their
classrooms. The majority of teachers agreed or strongly agreed
that they felt safe in their schools. The Roanoke Education
Association upper grade level respondents indicated that they felt
less safe than lower grade level respondents.
At this point, the distinction between safety issues and discipline
issues blurs. Some incidents are distinctly safety issues: ice on
sidewalks, for example. Other incidents are distinctly discipline
issues: tardiness to class. Some behaviors are both safety and
discipline issues: fighting, smoking in restrooms, bullying, the
antagonistic way we talk.
Consistency of School Discipline:
One key Task Force mission was to discern whether school
discipline was consistent within schools and across the school
district. Data reveals a strong pattern of concern by parents,
students and teachers that school discipline consistency needs an
overhaul.
Adjudication vs. School-Based Discipline:
School Based Discipline as it rates to adjudicated behaviors was a
central concern of the Joint Steering Committee. The Task Force
thinks it is best to conduct a forum of all professionals involved in
juvenile justice issues including Juvenile Justices, police officers,
school administrators, school liaison officials and social service
agencies to identify areas for improvement. Task Force members
have great respect for the court system's juvenile justices and want
to engage them in dialogue with all stakeholders regarding how to
improve the system for Roanoke area youth.
School Resource Officers:
The Task Force was asked to examine the role of School Resource
Officers. Survey data indicated that School Resource Officers have a
favorable rating by students. Students asked for more SROs and
Security Officers, particularly at the upper grade levels. SROs and
the administrative team on which they serve can do a better job of
clarifying roles with students and among themselves. The Safety
Task Force concludes that a strong team approach between SROs
and school administrators is essential. Great communication is
what it takes for SROs and the school's leadership team to be highly
effective. It is important to note that elementary schools do not
have full-time SROs.
Security:
Students were given two opportunities to write in suggestions for
improving school safety. First, if they did not give their school an A
rating, they were asked what was missing; and second, if they could
change one thing to improve school safety, what would it be. Write-
in answers by students requested more people and supervision
(SROs, security guards, supervision). Older students cited security
measures such as increased cameras, metal detectors, and better
security around premises more frequently than younger students.
One-fourth of high school students wrote in that more security
(people and devices) were necessary in order to give school safety an
A.
Three Additional Findings:
Inappropriate dress as a safety-discipline issue was cited by
respondents of the Roanoke Education Association as one of the top
four safety concerns at all levels of the school system.
Parent perception of effectiveness of suspensions on improving
student behavior: In parent surveys, almost twice as many parents
did not believe that suspension improves behavior as did those who
believed that suspension improves behavior.
Guidance resources in intervention: Public forum listed
(including training and counseling) as the third most frequently
mentioned concern, citing the resources as not timely, not in-depth,
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and inadequately funded. This area is not covered in teacher/
student/parent surveys.
Joint Steering Committee Charqe to Task Force:
1. Are Students and Teachers Safe in Classrooms? The findings
reveal that the vast majority of teachers and students feel safe in
their classrooms.
2. Is there consistency of Discipline? Inconsistency of discipline is
an issue that concerns all stakeholders at all levels in the system.
3. What is the Role of School Resource Officers? School Resource
Officers are most effective when they are a part of a team approach
to a school's safety/discipline plan.
4. What is the relationship between adjudication and school-based
discipline? The Task Force recommends a conference or forum that
brings together all professionals who deal with serious, violent and
chronic offenders to dialogue about how to make the system clearer
and more effective.
Additional Task Force Conclusions:
5. Data says that safety is a human resource development issue
more than a "bricks and mortar" issue. Physical plant safety issues
are much less of concern than are people issues.
6. Increased concern for school safety and discipline at each level of
schooling:
This relates to a general trend of "loss of confidence" in
school safety at each level of schooling.
Consistency of handling discipline is a major concern among
all populations surveyed and one that increases with each
level of schooling.
7. Bullying and fights are a major issue that surface at all levels of
schooling.
8. Consensus exists among all populations surveyed that discipline
problems have been increasing over the past three years.
9. Places most frequently mentioned where safety is a concern are
restrooms, hallways, cafeteria, locker rooms, classrooms and buses.
This was with a trend of lesser to greater concern over levels of
schooling.
10. Communication, collaboration and community involvement rise
to the surface as areas needing attention. Communication between
and among central office, school leaders, School Resource Officers,
and teachers; and externally between parents and school staff, are a
concern with respect to student discipline and school safety.
Increased involvement and collaboration with the community,
parents, families, public agencies and the private sector regarding
school safety is also an evident need.
11. Intolerance of differences among and between students
regarding language, dress, culture and class contributes to safety
problems in the schools. Task Force members suggest that
intolerance grows beyond school walls and is rooted in the
community.
Arenas for Action:
To sustain the kind of change needed to create safer schools,
members of the Task Force believe that all parts of our system must
change in unison from top to bottom and from bottom to top. The
following five areas are, therefore, not a menu from which certain
components can be selected and changed, but rather a recipe for
safer schools that requires all components to interact and change
together. School Board Policy, Superintendent, principals, teachers,
School Resource Officers, parents, family and community must give
permission and provide support to each other to sustain the change
necessary to create safer schools in Roanoke City.
Summary of Recommendations:
Arena h Human Service Development:
Development of all human resources that touch schools (all school
personnel, parents, School Resource Officers, community) in
communication, de-escalation training, effective discipline
processes, bullying prevention, multi-cultural training and training
that focuses on inclusive practices.
Arena I1: Leadership, Policy and Operations:
Top and middle leaders in all stakeholder groups reach consensus
on effective discipline policy and be proactive in preventing
discipline problems. Administrators need to be firm, fair, and
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consistent in their execution of discipline consequences. Top
leaders need to evaluate discipline consistency at the system-wide
level in a wide variety of areas. In addition, the Task Force believes
it is time to examine current districting so that students at earlier
ages can learn to get along with other children who represent the
vast richness of people that live in Roanoke.
Arena IIh Student Proqrams:
The Task Force recommends increased alternative programs for
serious offenders (students who jeopardize other students' safety);
prevention programs (bullying, intolerance); support programs for
students such as increased mediation, mentoring and tutoring;
positive programs that promote healthy citizenship (character
education, cultural awareness, rewards programs); and increased
assistance to children living in poverty.
Arena IV: Staffinq:
The Task Force recommends more staff focused on safety, security
and prevention.
Arena V: Communication, Collaboration, and Community:
Better communications throughout the Roanoke community on
issues that impact school safety and discipline. This means better
communication and collective work on the part of teachers,
administrators, agencies, municipal government, and parents. In
many ways, this arena is considered the keystone in assuring the
effectiveness of all the other recommendations.
Future Considerations for Committee Work:
The Task Force embarked on an ambitious effort to conduct itself in
a highly professional manner that would well serve all stakeholders
of Roanoke City School safety and discipline. In the eight month
period of its work, the Task Force learned some things that should
be noted for future efforts:
Survey design could have been simpler in order to enable quicker
collation.
Efforts should be made in the future to enable electronic data
collection through web-based survey access.
Greater information and pre-planning regarding distribution and
collection of surveys would enhance survey return numbers.
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School principal and PTA communications are important in an effort
of this kind.
The lack of consistent teacher and principal e-mail access impaired
their ability to receive Task Force information in a timely manner.
In many cases, e-mails from the Task Force facilitator could not be
delivered or opened by teachers and principals.
Efforts of the Task Force did not specifically target the needs of
special education students. Study of this population and its
discipline and safety needs may be an important piece of sustainable
solutions for improving school safety and discipline system-wide.
Additional monetary resources need to be allocated for data
collation and for translating surveys or conducting focus groups with
non-English speaking stakeholders.
(For full text, see summary report on file in the City Clerk's Office.)
Chairperson Manns opened the floor for questions by Council and School
Board Members.
Council Member Dowe called attention to regional areas of cooperation
with Roanoke County, such as the recent formation of the Western Virginia Water
Authority, and inquired as to the feasibility ora study to address regional school
facilities, the number of students in both school systems, etc.
Council Member Wishneff inquired if a portion of the additional
$4,049,545.00 received from the State for the schools was used to implement
any of the recommendations of the Task Force; whereupon, Mr. Kelley responded
that in the fall of 2003, the School Board substantially expanded the Adolescent
Uplift Program from $75,000.00 to $350,000.00, which is a program that serves
those students, particularly at the middle school level, that have shown academic
and discipline problems by placing them in an intensive learning environment at
one of the middle schools after school hours where they receive special tutoring
and other types of skill enhancements by teachers in an environment with a Iow
pupil - teacher ratio; and the "New Beginnings" program was implemented this
year at the high school level which will serve approximately 50 students,
particularly at Patrick Henry High School, who have shown discipline and
academic problems by taking the students out of the normal classroom
environment and placing them in a special setting after normal school hours,
which is estimated to cost approximately $100,000.00; and $350,000.00 was
spent last year for security cameras and improved radio systems, particularly in
the middle schools and some elementary schools. Next year, he stated that the
School Board has approved increasing the number of middle school guidance
counselors by four (three through the regular budget and one through a grant
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program); $200,000.00 has been allocated for additional security
recommendations, and the School Board will prioritize recommendations from
the Task Force to determine how the $200,000.OOwill be spent, plus certain year
end funds can be used for such items as additional security cameras in the high
schools and elementary schools and to enhance security systems at two of the
middle schools. He added that when looking at the high school seventh period
day, the fact that 17 additional staff will be employed will significantly improve
the supervisory aspect at the high schools; the Patrick Henry High School
construction project is on schedule and, in conjunction with the project, security
will be enhanced over the next two years.
Council Member Lea commended the Task Force on its work and inquired
about the status of a report that was prepared by Annie Harmon, former
Executive Director for Student Services, during the time that he served on the
School Board with regard to bullying.
Dr. Lou Talbot, Executive Director for Student Services, responded that the
report has been addressed on a number of occasions, de-escalation training will
continue beginning in September, and a component of de-escalation training is
when respect begins, bullying ends; conflict remediation will continue; a School
Police Summit will be held in August to allow School Resource Officers, principals
and assistant principals to discuss consistency of discipline; and a request has
been submitted to the Acting Superintendent of Schoolsto hire an employee on a
part-time basis to coordinate discipline and transportation issues and a number
of other suggestions are under consideration.
Council Member Cutler expressed appreciation to the Task Force for the
quality of its work. He spoke in support of identifying priorities and steps to be
taken in the next two to three years, while not losing focus on the continuing
improvement of academic excellence in Roanoke's school system by accentuating
the positive.
Vice-Mayor Fitzpatrick expressed concern that this is a much greater
problem than just safety in Roanoke's public schools and says a great deal about
the fact that cultures have not been integrated in the Roanoke Valley.
The Mayor advised that while there are some things that the Task Force has
identified that have budgetary implications, there are, however, some significant
findings that are not budgetary in nature. He stated that when one-half of the
high school teachers respond that they are not supported regarding discipline
matters, that is not a budget issue. He called attention to such things as
consistency in discipline, trust, appropriate response to concerns, enforcement
of the dress code and existing policies, all of which are significant findings by
the Task Force that are not budgetary in nature, but are personnel related issues
and should be highly emphasized by the School Board as the Board begins to
work through the recommendations. He stated that Roanoke's school system can
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have the best buildings, all the necessary training for staff, and all the necessary
programs in place, but if a teacher takes a discipline concern to his or her
administrator and the teacher is not supported, all is in vain. He advised that the
Council and the School Board owe the Task Force and the larger communitya six
month follow up report and a 12 month follow up report, with a status report on
what has been done on each specific recommendation. He stated that he takes
seriously the concern of the Task Force that its report not be shelved and that
the Council and the School Board have accountability to the Task Force and to the
community to report back at regular intervals. He added that he has met with
and will continue to meet with the City Manager, in conjunction with the Interim
School Superintendent and the School Board Chair, on a regular monthly basis to
monitor the report and to be supportive of efforts to accomplish the kinds of
things that have been presented by the Task Force.
The Mayor called attention to certain preliminary actions that have been
taken by the City; i.e.: the most obvious element of school safety involvement is
the School Resource Officer program, and, as a community, the City of Roanoke
has more police officers assigned to its schools per capita than any other locality
in the Commonwealth of Virginia; the Police Department is internally assessing
and reviewing its role and the nature of school discipline and has identified
certain issues; the Police Department has reviewed a concern as set forth in the
report regarding utilization of a team approach and having an increased School
Resource Officer presence in key areas such as the school cafeteria; the Police
Department has established an internal committee to review the effectiveness of
the School Resource Officer program, in addition to looking at equipment needs,
training, job tasks, clarification of the Memorandum of Agreement between the
Police Department, the School system and the Sheriff's Department; there has
been a response to the concern of School Resource Officers that they are
required to dispense too much time on clerical work which takes the officer away
from the school campus, therefore, beginning with the 2004 school year, SROs
will be provided with lap top in car computers; and before the beginning of the
school year, a summit will be convened composed of representatives of the
school administration, police personnel, principals, assistant principals, etc., to
discuss findings of the Task Force report and to develop additional strategies on
how to be more effective, involved and supportive.
Question was raised as to the strategy for moving forward from this point;
whereupon, the Mayor advised that Council and the School Board will hold a joint
meeting on Thursday, October 7, 2004, and by that time the two entities can
begin to flag responsibilities on the City side and on the School side, meetings
will continue to be held with the interim Superintendent, City Manager, and Chair
of the School Board and the Council and the School Board will be provided with
periodic updates. Prior to the joint meeting of Council and the School Board in
October, he requested that the School Board provide Council with an update on
what the School Board has done in terms of prioritizing recommendations of the
Task Force.
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Dr. Trinkle advised that the matter deserves a workshop by the School
Board to prioritize recommendations of the Task Force.
Mr. Lindsey concurred in the remarks of Dr. Trinkle that a School Board
workshop is in order and has proven to be an effective method in reaching
consensus among the School Board in the past; the School Board must decide on
what is the ideal classroom picture that it wishes to achieve for the students of
Roanoke; the City of Roanoke has a diverse population and a need to incorporate
the population early in the learning experience in order to develop tolerance,
understanding and sensitivity, all of which appears to start at the elementary
school level.
Mr. Nash spoke in support of engaging a consultant to prepare a
professional analysis, and the work of the Task Force must be taken seriously in
a three to four phase approach.
Mr. Penn advised that he is sensitive to the disclaimer of the Task Force in
regard to the reliability of data; and one of the recommendations by the Task
Force is to commit to a budget in order to assess progress, whereupon, he
suggested that any surplus funds be committed to ensure receipt of the
necessary data from parents, students and teachers which is an important
component for moving forward with the recommendations. He concurred in the
remarks of Mr. Nash regarding the need for a professional analysis by a
consultant.
Ms. Stockburger advised that the Task Force has recommended a reframing
of those issues that are thought of as school issues to the broader context of the
community, and it is incumbent on the School Board, as it begins to look at the
public realities aspect, to let the community ask not how the School Board can do
a better job, but how the community can help the schools to do a better job.
Dr. Trinkle advised that the School Board is faced with many good
opportunities and it is going to be a good year. He agreed with the Mayor that
some of the recommendations of the Task Force are not budgetary in nature, and
better use should be made of internet access leading to improved
communications.
Mr. Sparrow advised that he supports the report of the Task Force and the
School Board is looking forward to setting measurable benchmarks. He called
attention to the importance of parental involvement and inquired, from the
perspective of the Task Force, as to what can be done by the School Board to
increase parental involvement.
Ms. Manns advised that the school system employs a Parent Coordinator;
the school setting can be an intimidating place for some parents, and once
parents enter the schools it is necessary to make them feel welcome.
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An unidentified person spoke from the audience and advised that in
distinguishing between various people in the community, the term "housing
project" has been used, and cautioned that the term "housing project" is
outdated. He stated that the meeting is being held at 9:00 a.m., in the morning
at a time when the majority of those persons affected by the recommendations of
the Task Force are on the job and cannot attend the meeting.
Barton Wilner spoke as a parent and as a representative of the business
community, and advised that the City of Roanoke has an opportunity to make
positive changes and to solve the problems in the school system; and the
following actions should be implemented immediately:
(1) Enforce rules that are currently on the books.
(2) When those children who cause continuous problems are identified,
they be placed in alternative education programs and removed from the
main stream; diversity should be promoted; and people from other
localities should be visiting the City of Roanoke not just to see places like
Center in the Square, etc., but to observe Roanoke's school system first
hand.
(3) School uniforms should be mandatory for all students in the City's
school system. He stated that he has advised school leadership that if
school uniforms are required at Patrick Henry High School, he would be
willing to pay for the uniform for any student whose parent can prove that
they cannot afford the expense; and all localities in the United States
where school uniforms have been required have reported an improvement
in education.
The Mayor advised that Council is scheduled to convene at 12:00 noon in
Room 159, Noel C. Taylor Municipal Building, for a joint meeting with the City
Planning Commission; therefore, time does not allow for meaningful dialogue on
any of the remaining agenda items. He requested that the Chair of the School
Board provide written responses to the following agenda items: health insurance
stipend for retired teachers, consolidation of City/School purchasing, report from
the November 21, 2003 Council/School Board retreat, discussion on ways to
enhance Council/School Board relations, coaching vacancies at the high schools,
status of high school tracks, and middle school interscholastic athletic programs.
He suggested that the information be provided to the City Manager's Office, or
to the Mayor's Office, for dissemination to Council, and if Council Members have
questions, they can be raised with the appropriate officials.
The City Manager advised that a summary of the Council/School Board
retreat which was held on November 21, 2003, was distributed to Council and to
the School Board.
16
There being no further business, at 11:30 a.m., the Mayor declared the
Council meeting in recess until 12:00 noon in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., City of Roanoke, Virginia, at which
time Council will participate in a joint meeting of the Council and the City
Planning Commission.
The meeting of the School Board was adjourned.
At 12:15 p.m., the Council meeting reconvened in Room 159, Emergency
Operations Center Conference Room, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., Roanoke, Virginia, for a joint meeting of Council and the
City Planning Commission.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, BrianJ. Wishneffand Mayor C. Nelson Harris---.
ABSENT: None ................................................. 0.
CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., D.
Kent Chrisman, Paula L. Prince, Richard Rife, HenryScholz, FredrickWilliams and
Robert B. Manetta, Chair .............................................. 7.
ABSENT: None ................................................. O.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City
Clerk; R. Brian Townsend, Director, Planning, Building and Development; Nancy
Snodgrass, Zoning Administrator; Christopher L. Chittum, Senior City Planner;
Stephanie M. Moon, Deputy City Clerk; and Martha P. Franklin, Secretary, City
Planning Commission.
COUNCIL-COMMUNITY PLANNING-NEIGHBORHOOD PLANS:
Review of Vision 2001-2020 Implementation Annual Report:
Chris Chittum, Senior City Planner, Department of Planning, Building and
Development, presented an annual update on Vision 2001-2020, the City's
Comprehensive Plan. He advised that it was determined in 2001 that the
Comprehensive Plan should include a chapter on implementation, monitoring and
accountability; and one of the recommendations was to develop an annual report
that detailed each action and accomplishments. He further advised that 85 per
cent of the actions listed in the Plan have some activity toward implementation,
and highlighted the following activities which have been undertaken over the
past year:
17
Development of a new zoning ordinance ·
Adoption of the Urban Forestry Plan
Completion of the Mill Mountain Greenway
Completion of the Williamson Road Streetscape
Construction of the Bullitt Avenue and Jamison Avenue, S. E. traffic
calming project
Grandin Road/Grandin Village Streetscape improvements
Establishment of the Western Virginia Water Authority and
Development of indicators for each neighborhood.
Neighborhood Planninq Process Status Report.
Mr. Chittum advised that six neighborhood plans have been adopted by
City Council; 17 Plans were completed which cover 27 of the City's
neighborhoods and six Plans are in progress that cover 15 neighborhoods; and
the following Plans will be presented to the Council for consideration at a later
date: Williamson Road neighborhood, Riverland/Walnut Hill neighborhoods, and
Villa Heights/Fairland Lakes neighborhoods. He further advised that the
neighborhood plans can be viewed on-line at the City's website,
www.roanokegov.com, and the website was redesigned to create a webpage for
each neighborhood to be coordinated with neighborhood indicators and the
City's new web portal.
Chairman Manetta inquired about steps to be taken following completion
of the neighborhood plans; whereupon, Mr. Chittum stated that City staff plans
to update older neighborhood plans, i.e., Southwest Roanoke and Greater
Deyerle which were adopted in 1989 and 1990, respectively.
The City Manager explained that she has requested an implementation
update on all neighborhood plans for inclusion in the Comprehensive Plan in
order to develop a matrix that identifies the different issues and needs for each
neighborhood.
Mr. Williams called attention to a work session held by the City Planning
Commission and American Electric Power with regard to concerns relating to
underground utilities, especially in the village center locations, with the purpose
of planting large trees and other plantings that will contribute to the
environment.
18
Mr. Townsend stated that underground utilities will be a requirement in all
new developments in village centers and will be included in the zoning ordinance
update.
Chairman Manetta indicated that there is a program designed to regain the
tree canopy and to promote preservation of trees in the City; and explained that
there have been improvements toward maintenance of housing, which process
will expand to other neighborhoods.
The City Manager advised that Council at its last retreat gave City staff a
goal of demolishing approximately 50 abandoned homes per year, which goal
was exceeded with the assistance of private property owners; and code
enforcement efforts throughout the City have been enhanced by additional
personnel, cross training of employees, and the ability to respond to citizen
complaints throughout the City. She further advised that the major stumbling
block with Code enforcement was not the number of staff or the response time
to a complaint, but the lack of support from property owners and the court
system.
Mr. Manetta stated that he was appreciative of the establishment of a
regional park authority, and actions taken to provide additional recreational
opportunities to promote physical fitness for Roanoke's youth population.
He inquired about a trolley system primarily on South Jefferson Street, and
commented on the budget trolley and light rail systems in Portland, Oregon,
which are major economic development initiatives that enabled the City to
encourage development in certain areas outside its region. He suggested that
funds be budgeted to study the location of a trolley system in the City of
Roanoke.
Mr. Manetta also called attention to the development of a streetscape
design team, and suggested that the team brief the City Planning Commission
and staff early in the process with regard to the "how's" "where's", and the
underlying philosophy relative to the Comprehensive Plan.
Ms. Prince added that one of the things the City could do to encourage
physical fitness for youth, to help relieve traffic, and to add quality of life is to
improve the City's bike-lanes in order to make Roanoke a bicycle friendly city.
She noted that the trolley and the light rail system in Portland, Oregon, allowed
citizens to bicycle around town and have access to various destinations without
getting back on their bicycles. She suggested that bike racks be made available
throughout the City of Roanoke.
Ms. Burcham pointed out that several bicycle racks have been installed in
the downtown Roanoke area, Valley Metro buses are equipped to ~ransport
bicycles, and a bicycle rack is located at the Noel C. Taylor Municipal Building.
She stated that the City should promote bicycling and bicycle lanes.
19
With regard to streetscape designs, Mr. Williams suggested that there be
more involvement between the City Planning Commission and the Street Design
Team. He called attention to Item PSA15, page 27, Administration and Service
Delivery, in terms of ensuring that all public schools and city-owned facilities are
located, designed and maintained to compliment neighboring land uses, and
advised that the Planning Commission should have an opportunity to review the
designs of public facilities at an early stage in order to receive comments prior to
finalizing any plans or actions.
Mr. Williams also called attention to a regional economic development
action, Item EDA2, page 13, "Expand participation in regional economic
development efforts; and continue meetings with elected officials and
administrative staff in neighboring localities to discuss regional efforts," and
suggested that the City be more proactive in economic development activities
with Roanoke County. He pointed out that there is an underperforming, aging
shopping mall within the City's boundaries, and suggested that Roanoke City and
Roanoke County consider the coordination of efforts to institute some type of
revenue sharing for a redeveloped shopping mall.
With respect to alternative forms of transportation, Mr. Williams
commented that he bicycles on a regular basis and has found that the biggest
obstacle is the lack of street trees; and suggested that the City not only plant
trees for tree canopy cover, but to benefit bikers as well.
Council Member Cutler inquired as to whether a public art plan would be
included in the City's Comprehensive Plan; whereupon, Ms. Burcham advised that
the decision would have to be made by Council as to whether an art plan should
be included in the Comprehensive Plan or adopted as a guide. Mr. Cutler
compared the public art plan to the Urban Forestry Plan, and explained that he
was seeking other opportunities to incorporate additional detailed language to
the Comprehensive Plan, and suggested that stormwater management and public
health also be included in the Comprehensive Plan.
With regard to neighborhood plans, Council Member Cutler indicated that
the City has the authority to improve public infrastructures through public
investments, curb and guttering, lights, airplanes, etc., and inquired as to
whether the City offers incentives to homeowners, such as grants, to make
repairs to their property; whereupon, Mr. Chittum pointed out that the Southeast
by Design Program has influenced many businesses through the Fa(;ade Grant
Program, and housing incentives connected with the program have created a
considerable amount of business interest in the neighborhoods.
Ms. Burcham advised that development of the current housing strategy
speaks to many of the issues referenced by Council Member Cutler, particularly
the neighborhoods, and stated that the City currently has a Tax Abatement
Program which is utilized by a small percentage of property owners to improve
20
and to upgrade their property; and the program is available to both residential
and commercial owners, as well as to those in the Urban Enterprise Zone system.
She stated that staff and the Director of Real Estate Valuation are reviewing
modifications to the program and a report will be submitted to Council for
consideration at a later date.
Council Member Cutler referenced Item ECA2:~, page 11, Environmental,
Historic, and Cultural Resources, i.e.: Roanoke's Parks and Recreation
Department will assume a primary land steward role for a major portion of the
Carvins Cove Natural Reserve, effective July 1, 2004, and suggested that the
Planning Department and the City Planning Commission interface with the Parks
and Recreation Department, the Parks and Recreation Advisory Board, and the
Mill Mountain Advisory Committee to plan for the City's park system. He also
suggested that the City coordinate its efforts with the Western Virginia Land
Trust, Explore Park, and the Roanoke Valley GreenwayCommission to capitalize
on opportunities to bring tourism into the City from the Blue Ridge Parkway.
Council Member Dowe expressed appreciation to City Planning staff for its
efforts regarding the preparation and adoption of the neighborhood plans, and
mentioned specific feedback regarding the application of fees and rates at
Carvins Cove as a result of enhanced efforts between the City of Roanoke and
Roanoke County. He requested a meeting with the City Manager and the Director
of Planning and Community Development to address the matter.
Council Member Wishneff inquired as to whether the neighborhood plans
will prevent the conversion of single family residential homes to higher density
use; whereupon, Mr. Chittum responded in the affirmative, and advised that the
City attempts to have the higher density uses focused around the village centers.
Mr. Townsend advised that staff is using the neighborhood land use maps
as a guide for future zoning throughout the entire City.
Council Member McDaniel stated that she served as Vice-Chair of the
Comprehensive Plan Advisory Committee, and requested that copies of the
implementation update be forwarded to committee members. Mr. Townsend also
noted that the update is available on the City's website.
How to Arrest and Reverse Neiqhborhood Deterioration in Parts of the City.
The following suggestions were offered by the City Planning Commission in
connection with arresting and reversing neighborhood deterioration in parts of
the City:
21
Citizens need to set standards and maintain them;
Minimize conflict between businesses and residents, and
maximize harmony;
· Adequate school system; and
· Implementation of neighborhood design guidelines.
Need for Better Coordination Between Land Use and Transportation
Planning.
Mr. Williams presented two articles which appeared in The Richmond
Tirne$-D/spatch with regard to a crisis in transportation funding in Richmond,
Virginia.
(For full text, see articles on file in the City Clerk's Office.)
Mr. Williams expressed concern with regard to a limited amount of funds
provided by the Commonwealth of Virginia for infrastructure and transportation
needs, and stated that the Department of Transportation expects to begin
preliminary engineering on 29 projects in fiscal year 2004-05, and by 2010,
preliminary engineering projects will have dropped to two due to a funding
shortage. He further stated that transportation and land use are not linked in the
State of Virginia because transportation planning is handled by State officials and
land use planning development is addressed by local governments; and
suggested that the City initiate discussion with regard to the relationship
between transportation and land use planning.
CLOSING COMMENTS:
Mr. Rife advised that Rife and Associates, Inc., has been engaged as
architect for the proposed William Fleming High School building project, and
suggested that if Council and the School Board would like to explore the concept
of a high school stadium on the proposed school site, discussions should be held
no later than October 2004.
There being no further business, at 1:30 p.m., Chairman Manettadeclared
the meeting of the City Planning Commission adjourned.
COUNCIL-COMMITTEES: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, was
before the body.
22
Mr. Fitzpatrick moved that Council concur in the above described request
of the Mayor. The motion was seconded by Mr. Cutler and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, Wishneff and Mayor
Harris .............................................................. 6.
NAYS: None ................................................... O.
COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Dowe moved that Council concur in the above described request of the
City Manager. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, Wishneffand Mayor
Harris .............................................................. 6.
NAYS: None .................................................... 0.
At 1:35 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, City of Roanoke, Virginia.
The Council of the City of Roanoke held its Organizational Meeting on
Tuesday, July 6, 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,
with Mayor C. Nelson Harris presiding, pursuant to Section 10, Meetings of
Council, Charter of the City of Roanoke, at which time the newly elected Members
of the Council will officially take their seats.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brian J. Wishneff, and Mayor C. Nelson Harris--6.
ABSENT: ...................................................... 0.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
23
CITY COUNCIL: The Mayor advised that the purpose of the Organizational
Meeting was for the newly elected Members of City Council to officially take their
seats; whereupon, he called attention to a communication from the City Clerk
advising of the following qualification:
C. Nelson Harris as Mayor for a term commencing July 1,2004 and ending
June 30, 2008;
Beverly T. Fitzpatrick, Jr., as a Member of Council for a term commencing
July 1, 2004 and ending June 30, 2008; and as Vice-Mayor for a term
commencing July 1, 2004 and ending June 30, 2006;
Sherman P. Lea as a Member of Council for a term commencing July 1,
2004 and ending June 30, 2008; and
Brian J. Wishneff as a Member of Council for a term commencing July 1,
2004 and ending June 30, 2008.
Mr. Dowe moved that the communication from the City Clerk be received
and filed. The motion was seconded by Mr. Lea and unanimously adopted.
CITY COUNCIL: Council Member Cutler offered the following resolution
recognizing the Honorable BeverlyT. Fitzpatrick, Jr., as a Member of Council and
as Vice-Mayor of the City of Roanoke:
(#36760-070604) A RESOLUTION recognizing the Honorable Beverly T.
Fitzpatrick, Jr., as a member of the City Council and Vice-Mayor of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 69, page
Mr. Cutler moved the adoption of Resolution No. 36760-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, Wishneffand Mayor
Harris .............................................................. 6.
NAYS: None ................................................... O.
CITY COUNCIL: The Mayor relinquished the Chair to the Vice-Mayor.
Council Member Cutler offered the following resolution recognizing the
service of the Honorable C. Nelson Harris as Vice-Mayor of the City of Roanoke
from July 1, 2002, until June 30, 2004:
(#36761-070604) A RESOLUTION recognizing the services of the
Honorable C. Nelson Harris as Vice-Mayor of the City of Roanoke.
24
(For full text of Resolution, see Resolution Book No. 69, page 1.)
Mr. Cutler moved the adoption of Resolution No. 36761-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea and Wishneff .... 5.
NAYS: None ................................................... 0.
(Mayor Harris abstained from voting.)
The Mayor took the Chair.
CITY COUNCIL: Council Member Dowe offered the following resolution
establishing a meeting schedule for City Council for the fiscal year commencing
July 1, 2004, and ending June 30, 2005:
(#36762-070604) A RESOLUTION establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1, 2004, and terminating June 30,
2005, and rescheduling one regular meeting to be held in the month of October
2004.
(For full text of Resolution, see Resolution Book No. 69, page 2.)
Mr. Dowe moved the adoption of Resolution No. 36762-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, Wishneff and Mayor
Harris .............................................................. 6.
NAYS: None ................................................... 0.
CITY COUNCIL-COMMITTEES: The Mayor presented a communication
advising that based upon the response by Council Members to his previous
communications, it is recommended that Council liaison relationships to the
following committees or organizations be eliminated:
Mill Mountain Advisory Committee
Roanoke Arts Commission
Roanoke Valley Convention and Visitors Bureau
City of Roanoke Transportation Safety Commission
Virginia Museum of Transportation
War Memorial Committee
Virginia CARES, Inc., Board of Directors
TAP Board of Directors
Mill Mountain Zoo
25
Roanoke Civic Center Commission
Explore Park
Downtown Roanoke, Inc., Board of Directors
The Mayor further recommended that Council Members be appointed as
liaison to the following:
Roanoke Valley Regional Cable Television Committee - Council
Member Sherman L. Lea
Roanoke Valley-Allegheny Regional Commission - (Will be filled by
the new member of Council to be appointed at a later time)
Virginia's First Coalition of Cities - Vice-Mayor Beverly T. Fitzpatrick,
Jr.
New River Valley Commerce Park Participation Committee - Council
Member Brian J. Wishneff
Virginia's First Regional Industrial Facility Authority - Council
Member Brian J. Wishneff
Roanoke Redevelopment and Housing Authority- Vice-Mayor
Beverly T. Fitzpatrick, Jr.
Mayor Harris further recommended that the following Members of Council
be appointed as Chairs of certain permanent committees:
Audit Committee -
Personnel Committee -
Legislative Committee -
Council Member M. Rupert Cutler
Council Member Alfred T. Dowe, Jr.
Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Mayor advised that other Council liaison appointments will occur in the
future for ad-hoc committees or special projects; whereupon, he recommended
that appointments be made as necessary.
Mr. Fitzpatrick moved that Council concur in the above referenced
recommendations of the Mayor. The motion was seconded by Mr. Lea and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, Wishneff and Mayor
Harris .............................................................. 6.
NAYS: None .................................................... 0.
At 2:08 p. m., the Mayor declared the meeting in recess and advised that
the regular meeting of Council will convene immediately following a special
meeting of Council which will be held for the purpose of filling the unexpired
term of C. Nelson Harris, Council Member, ending June 30, 2006.
26
The regular meeting of Roanoke City Council convened at 2:40 p.m., on
Tuesday, July 6, 2004, in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris ..................................................... 7.
ABSENT: None ............................................... 0.
The Mayor declared the existence of a quorum.
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 reconvened meeting was opened with a prayer by Elder Sylvan A.
Moyer, Pastor, Unlimited Power Apostolic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS-PARKS AND RECREATION: The Mayor presented a
Proclamation declaring July 2004 as Parks and Recreation Month to Steven C.
Buschor, Director, Parks and Recreation.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately.
MINUTES: Minutes of the regular meeting of Council held on Monday, May
3, 2004, recessed until Friday, May 7, 2004, and recessed until Monday, May 10,
2004, were before the body.
Mr. Dowe moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Cutler and adopted by the following vote:
27
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
ROANOKE CIVIC CENTERrCOM M UNICATIONS DEPARTMENT-CITY
PROPERTY: A communication from the City Manager advising that Triton PCS
Property Company, LLC, contacted City staff with regard to leasing City-owned
property to locate a monopole antenna and support building; the antenna is
needed to provide uninterrupted cellular telephone service in certain parts of the
City; according to Triton, there is insufficient coverage in certain areas of the
City, which leads to lost calls as cellular telephone users travel throughout the
community; to alleviate the problem, Triton has proposed a five year lease of
vacant land at the Roanoke Civic Center to install a new antenna at this strategic
location for better service to its customers; estimated revenue for the five year
lease agreement is $9,725.00; and a public hearing is required to consider
leasing land to Triton, was before Council.
The City Manager recommended that Council authorize a public hearing to
be advertised for Monday, July 19, 2004, at 7:00 p.m., or as soon thereafter as
the matter may be heard.
Mr. Dowe moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
PENSIONS: The annual report of the Roanoke Pension Plan, Board of
Trustees, for the period July 1, 2003 through June 30, 2004, was before Council.
Mr. Dowe moved that the report be received and filed. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
OATHS OF OFFICE-COMMITTEES-WATER RESOURCES: A report of
qualification of George W. Logan as a member of the Board of Directors, Western
Virginia Water Authority, for a term commencing March 2, 2004, and ending
March l, 2008, was before Council.
28
Mr. Dowe moved that the report of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-BLUE RIDGE PARKWAY: The following agenda item was sponsored
by Council Member M. Rupert Cutler and Vice-Mayor Beverly T. Fitzpatrick, Jr.
Dr. Susan Jackson Mills, Executive Director, FRIENDS of the Blue Ridge
Parkway, Inc., requested that Council consider a regional approach to the Blue
Ridge Parkway for economic development, spearhead a cooperative spirit
between Roanoke County and the Town of Vinton to explore strategies that
would improve the Parkway's benefits to travelers to the City and that the City
of Roanoke recognize the benefits of protecting and preserving the Parkway
viewshed and the economical impact of the views to increase visitation to the
Roanoke section of the Parkway through financial support of FRIENDS of the Blue
Ridge Parkway viewshed protection project.
She advised that FRIENDS of the Blue Ridge Parkway believes that a similar
response by all localities is vital to preserve the Blue Ridge Parkway viewsheds,
thus providing a positive economic impact for both Roanoke City and the
Roanoke Valley; the City of Roanoke's economic benefits of the Parkway are in
direct relationship to the ecological health of Parkway views; and if Parkway views
are not preserved, visitors have little reason to visit the Parkway's Roanoke area,
therefore, the focus of her request on behalf of FRIENDS of the Blue Ridge
Parkway is to save the viewshed, to develop strategies to attract visitors, and for
the City of Roanoke to benefit from the visitation.
Dr. Mills stated that for the following reasons, it is important for the City of
Roanoke to consider the request:
Based upon the Blue Ridge Parkway Scenic Experience Project -
Southwest Virginia Study of 2002, the average visitor to the area
visits 2.25 times per year for 1.96 days and spends $149.00 per day
per visitor.
29
Visitation to North Carolina is far greater than the Virginia section of
the 23.5 million visitors in 2003 that travel the parkway, greater
numbers of visitors are choosing to visit the North Carolina side
(252 miles) of the Parkway due to commercials and residential
development along Virginia's 217 miles.
Between 1982 and :~992, the Roanoke Valley lost 8,550 acres in
farmland; the "Last Chance" designation represents a call to action
to preserve this threatened landscape in the area.
Of the 28 miles of the Blue Ridge Parkway designated as "Last
Chance Landscape" by Scenic America, 42 view areas were identified
(1998) as scenic quality views; of these, :~3 were rated as having
little scenic quality remaining and 20 only moderate quality
remaining (only 9 views continue to exhibit the high quality views);
and without the protection of the' Parkway views in Virginia, an
increasing number of Parkway visitors will begin and end their
Parkway experiences in North Carolina.
Economic studies show that the Blue Ridge Parkway brings billions of
dollars annually to local economies, but the money is not spread
evenly along the 469 mile route; the most recent study showed that
for every parkway-related dollar that fueled local economies in
Virginia, $5 poured into North Carolina communities; and although
the Parkway has a growing number of visitors, more than 23 million
last year, North Carolina has experienced faster growth.
Dr. Mills advised that in spearheading the regional approach, the City of
Roanoke is requested to provide grant services to help fund the initiative, budget
$15,000.00 over the next two years to match Roanoke County's support, or
sl~earhead the community-based volunteer effort behind the plantings for the
next three years and provide grant writing support.
Without objection by Council, the Mayor advised that the request will be
referred to the City Manager for report and recommendation to Council.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: (The Mayor advised that the briefing by the Virginia
Department of Transportation will be held at the end of the meeting.)
ITEMS RECOMMENDED FOR ACTION:
30
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that for more than 25 years, Community Housing
Partners Corporation (CHPC) has successfully conducted housing programs in
various localities across the Commonwealth of Virginia; in 2002, CHPC was
recognized as the "Best Housing Agency" in the state by the Virginia Department
of Housing and Community Development; on May 13, 2004, Council authorized
CHPC's first housing activities in the Roanoke community, pursuant to Resolution
No. 36695-051304, which approved the City's 2004-2005 Annual Update to the
Consolidated Plan for submission to the U. S. Department of Housing and Urban
Development; Council accepted 2004-2005 CDBG and HOME funds on June 21,
2004, pursuant to Budget Ordinance No. 36719-062104 and Resolution No.
36720-062104, pending receipt of an approval letter from HUD; and the letter
will be issued when Congress completes its routine release process which is now
underway.
It was further advised that in order for CHPC to conduct its approved
2004-2005 housing activities, authorization by Council is needed to execute a
subgrant agreement; CDBG and HOME funding is available in accounts listed in a
draft Agreement attached to the report; and a total of $215,000.00 is being
provided to CHPC to rehabilitate and sell eight homes in the Hurt Park/West End
area.
The City Manager recommended that she be authorized to execute the
2004-2005 CDBG/HOME Subgrant Agreement with Community Housing Partners
Corporation, to be approved as to form by the City Attorney.
Vice-Mayor Fitzpatrick offered the following resolution:
(#36764-070604) A RESOLUTION authorizing the City Manager to enter
into the 2004-2005 Community Development Block Grant (CDBG) and HOME-
funded Subgrant Agreement with the Community Housing Partners Corporation,
upon certain terms and conditions
(For full text of Resolution, see Resolution Book No. 69, page 5.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36764-070604. The
motion was seconded by Mr. Wishneff and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff and Mayor
Harris .............................................................. 5.
NAYS: None .................................................... 0.
(Council Members Cutler and Lea were not in the Council Chamber when
the vote was recorded.)
31
BUDGET-GRANTS-SCHOOLS: The City Manager submitted a
communication advising that the City of Roanoke continues to provide for the
nutritional needs of children and youth during the summer months through its
Parks and Recreation Youth Services Division supervised Summer Nutrition
Program; breakfast and lunch are provided to children throughout the City from
mid-June through early-August; more than 2,600 children/youth received lunch
and/or breakfast on a daily basis at 19 sites during the summer of 2003; in
2004, four sites were added with two other sites pending, and snacks will be
offered during two special after-summer-school programs that will operate until
5:30 p.m.; local funds, in the amount of $40,000.00, have been appropriated in
the fiscal year 2004-2005 General Fund budget in the Parks and Recreation
Youth Services Division budget, Account No. 001-620-8170-2034 (Special
Projects); and local funds will be used to provide staffing and program materials.
It was further advised that funds for the program are provided through the
United States Department of Agriculture Food and Nutrition Service; the program
is similar in concept to the National School Lunch Program with eligibility
requirements much like those used to determine eligibility for free or reduced
priced meals during the school year; the purpose of the program is to provide
nutritionally balanced, healthy meals to children, ages one through eighteen, and
for those with special needs; adult, summer staff manage the program and youth
are hired to assist at food service sites; and the City is reimbursed on a per meal
basis.
The City Manager recommended that Council:
Accept the Summer Food Program grant, in the amount of
$143,315.00, and authorize the City Manager and City Clerk to
execute and attest respectively, an agreement with the United States
Department of Agriculture Food and Nutrition Services and any other
forms necessary to accept such grant, approved as to form by the
City Attorney.
Establish a revenue estimate, in the amount of $183,315.00, and
appropriate funding to expenditure accounts as outlined in the
program budget in accounts to be established by the Director of
Finance in the Grant Fund.
Transfer $40,000.00 from fiscal year Account No. 001-620-8170-
2034 (Special Projects) in the Parks and Recreation Youth Services
Division budget to the Grant Fund, and appropriate funds in the
Grant Fund as more fully described in an attachment to the report.
Council Member Dowe offered the following budget ordinance:
32
(#36765-070604) AN ORDINANCE appropriating funds for certain sections
of the Summer Food Program, amending and reordaining certain sections of the
2004-2005 General and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book. No. 69, page 6.)
Mr. Dowe moved the adoption of Ordinance No. 36765-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneffand Mayor
Harris .............................................................. 5.
NAYS: None .................................................... 0.
(Council Members Cutler and Lea were not in the Council Chamber when
the vote was recorded.)
Council Member Dowe offered the following resolution:
(#36766-070604) A RESOLUTION authorizing acceptance of a grant from
the United States Department of Agriculture Food and Nutrition Service on behalf
of the City to provide nutritionally balanced, healthy meals for children and youth
during the summer months, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant and applicable
laws, regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 69, page 7.)
Mr. Dowe moved the adoption of Resolution No. 36766-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff and Mayor
Harris .............................................................. 5.
NAYS: None .................................................... O.
(Council Members Cutler and Lea were not in the Council Chamber when
the vote was recorded.)
BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a
communication advising that the Fire Programs Fund was established by the
General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1
Code of Virginia, 1950, as amended; the sunset clause requiring expiration of
the Fund on July 1, 1990 was removed, thus, the City's annual allocation of State
funds will continue indefinitely; program guidelines require that funds received
33
are non-supplanting and may not be used to replace existing local funding; and
all program funds must be used in accordance with provisions established by the
State Department of Fire Programs.
It was further advised that in January2003, the City of Roanoke's allocation
of $127,202.00 was deposited into Account No. 035-520-3232-3232 from the
Department of Fire Programs; at the beginning of fiscal year 2004, due to the
Commonwealth's on-going fiscal concerns, there was creditable probability that
additional monies, beyond the amount already tendered for fiscal year 2004,
would later need to be transferred from the "Fire Programs Fund" to the State's
"General Fund"; therefore, those jurisdictions that normally would have received
a fiscal year 2004 entitlement based on their population were frozen.
The City Manager advised that such probability did not materialize and the
Department of Fire Programs made supplemental payments to all such affected
jurisdictions, including the City of Roanoke; the supplemental amount of
$14,416.00, in addition to the $127,202.00 received in January 2003, is the
City's appropriate fiscal year 2004 entitlement of $141,618.00; and action by
Council is needed to formally accept and appropriate funds, as well as authorize
the Director of Finance to establish revenue estimates in appropriate accounts in
accordance with provisions of the program.
The City Manager recommended that she be authorized to accept the Fire
Programs Funds Grant, to execute, accept and file any documents setting forth
conditions of the grant and to furnish such additional information as may be
required; and that Council appropriate grant funds in the amount of $14,416.00,
with a corresponding revenue estimate, in accounts to be established by the
Director of Finance in the Grant Fund.
Council Member Dowe offered the following budget ordinance:
(#36767-070604) AN ORDINANCE to appropriate funding for additional
Fire Program Grant funds, amending and reordaining certain sections of the
2004-2005 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, page 8.)
Mr. Dowe moved the adoption of Ordinance No. 36767-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
34
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneff and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
Mr. Dowe offered the following resolution:
(#36768-070604) A RESOLUTION authorizing the acceptance of additional
FY2004 Fire Programs Grant Funds made available to the City of Roanoke by the
Virginia Department of Fire Programs and authorizing the execution and filing by
the City Manager of the conditions of the grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 69, page 8.)
Mr. Dowe moved the adoption of Resolution No. 36768-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
BRIDGES: The City Manager submitted a communication advising that the
1978 Surface Transportation Act enacted by Congress requires that all bridges,
including "off Federal Aid System" structures, must be included in the annual
inspection program; bridge inspection reports are required on 69 structures in
the City of Roanoke this year; 26 structures are inspected annually, while 43
structures are inspected bi-annually; one tunnel (underpass) also needs to be
inspected; Council awarded contracts on June 17, 2002, to Hayes, Seay, Mattern
& Mattern, Inc., and Mattern & Craig, Inc., for the three year Bridge Inspection
Program, with years two and three to be negotiated based on the number
of structures to be inspected in each of the subsequent years; Hayes, Seay,
Mattern & Mattern, Inc., has agreed to inspect 36 bridges at acost of $83,100.00
for year three; Mattern & Craig, Inc., has agreed to inspect 33 bridges, one
tunnel (underpass), and 14 overhead signs at a cost of $72,400.00 for year
three; and funding in the amount of $155,500.00 is available in Account No.
001-530-4310-3072 (Bridge Inspections).
35
The City Manager recommended that she be authorized to execute
Amendment No. 2 for consulting services for the above work with Hayes, Seay,
Mattern & Mattern, Inc., and Amendment No. 2 with Mattern & Craig, Inc., in the
amounts of $83,100.00 and $72,400.00 respectively, for the third year (2004)
for bridge, tunnel, and overhead sign inspection services.
Council Member Dowe offered the following resolution:
(#36769-070604) A RESOLUTION authorizing the City Manager's issuance
of Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern,
Inc., for additional engineering services for the inspections of 36 bridges.
(For full text of Resolution, see Resolution Book No. 69, page 9.)
Mr. Dowe moved the adoption of Resolution No. 36769-070604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
Vice-Mayor Fitzpatrick offered the following resolution:
(#36770-070604) A RESOLUTION authorizing the City Manager's issuance
of Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for
additional engineering services for the inspection of 33 bridges, one tunnel
(underpass), and 14 overhead signs.
(For full text of Resolution, see Resolution Book No. 69, page 10.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36770-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
36
DONATIONS/CONTRIBUTIONS-GREENWAY SYSTEM: .The City Manager
submitted a communication advising that the Lick Run Greenway Phase II Project
consists of approximately 1.76 miles of greenway trail and associated
appurtenances beginning with a connection to the Phase I greenway at Court
Street and continuing to Wells Avenue; a majority of the trail is located adjacent
to Lick Run; the Engineering Division is finalizing plans and specifications for the
project in anticipation of bidding the project this summer; all properties have
been acquired for the project, with the exception of properties owned by W. S.
Connelly and Co., Inc. (Official Tax Nos. 2022205 and 3022820), which
properties are located in the Gainsboro Neighborhood on Sydnor Circle adjacent
to the Holiday Inn Express on Orange Avenue; the property owner, W. S. Conneliy
and Co., Inc., is prepared to donate land rights necessary for the proposed
greenway project; however, W. S. Connelly and Co., Inc., wishes to be
indemnified as provided by the Virginia Code Annotated §29.1-509 Section E.
The City Manager recommended that she be authorized to acquire the
above described property rights.
Council Member Cutler offered the following resolution:
(#36771-070604) A RESOLUTION authorizing the City to indemnify and
hold harmless W. S. Connelly and Company, Inc., as a condition of the donation
by W. S. Connelly and Company, Inc., of certain easements across Official Tax
Nos. 2022205 and 3022820, necessary for the completion of the Lick Run
Greenway Phase II Project, and authorizing the execution of the necessary
documents.
(For full text of Resolution, see Resolution Book No. 69, page 11.)
Mr. Cutler moved the adoption of Resolution No. 36771-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneff and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a
communication advising that the Roanoke Civic Center opened in March, 1971;
the two main facilities included the Coliseum and the Auditorium; when the Civic
Center was built, continental seating for Auditoriums was at the height of
fashion, and ADA compliance was not an issue; and many things have changed in
37
public assembly facilities inasmuch as newer facilities provide cross, center, and
side aisles with handicap accessibility.
It was further advised that in order to bring Auditorium seating up to date,
new chairs are needed; chairs should be replaced because they are worn and
replacement parts are difficult to find; also, handicap access would be greatly
improved with a new configuration; during fiscal year 2003-2004, $146,000.00
was appropriated from retained earnings for seat refurbishment; and if seats are
refurbished only, the estimated cost would be as much or more than replacement
and there would still be no center, side, or cross aisles.
It was explained that new chairs and aisles would provide better wheel
chair access, arm lifts for patrons that have limited mobility, and some would be
removable for special purposes; bids for seat replacement were received on July
2, 2004, and the Iow bid was submitted by Irwin Seating Company in the amount
of $307,568.00; total funding, in the amount of $338,324.00, is required and
includes aten per cent contingency; beyond the amount originally appropriated,
additional funding, in the amount of $192,324.00, is needed to fund the entire
amount; and new seats would greatly improve the appearance of the Auditorium
and provide quality seating for all patrons, including Symphony and Broadway
Series season ticket holders.
The City Manager recommended that Council appropriate funds, in the
amount of $150,000.00, from Civic Facilities Fund Retained Earnings and transfer
$42,324.00 from Capital Project Contingency (001-300-9410-2280) to Civic
Facilities Seat Refurbishment Project (005-550-8623).
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#36772-070604) AN ORDINANCE to appropriate funding to the Civic
Facilities Seat Refurbishment Project, amending and reordaining certain sections
of the 2004-2005 General and Civic Facilities Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, page 12.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36772-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
38
VIRGINIA TRANSPORTATION MUSEUM: The City Manager submitted a
communication advising that the Virginia Museum of Transportation, Inc., has
requested the lease of the 61:1 and 1218 locomotives from the City of Roanoke
for a period of 20 years; consideration for the lease shall be a nominal annual
payment of $1.00 by the Museum to the City; and the lease would be renewable
at the end of the 20 year term, with the City to assume full control over the
locomotives should the Museum cease to operate for any reason; and the
Transportation Museum would also fully insure the locomotives and keep the
locomotives in top restored condition.
It was further advised that the Executive Director of the Transportation
Museum believes that the long term lease is necessary in order to make funding
appeals to individuals, corporations and foundations; sponsors and grantors
need to be guaranteed that the locomotives are displayed in a stable situation for
the duration of an exhibition, as well as possible extension or renewal of the
exhibition; a lease has been prepared between the Virginia Museum of
Transportation and the City of Roanoke and a letter has been sent to the
Shenandoah Virginia Corporation (a subsidiary of the Norfolk Southern
Corporation) requesting its consent to terms of the lease; and lease of the 12 18
locomotive is subject to approval by the Shenandoah Virginia Corporation.
The City Manager recommended that she be authorized to execute a lease
with the Virginia Museum of Transportation, Inc., to be approved as to form by
the City Attorney.
The City Attorney advised that legal counsel for Norfolk Southern indicates
that the Shenandoah Virginia Corporation, which donated the 1218 to the City of
Roanoke, in is agreement with the lease.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36773-070604) AN ORDINANCE authorizing the City Manager to
execute a lease between the City and the Virginia Museum of Transportation,
Inc., for the lease of two steam locomotives, known as the 611 and 1218,
currently housed at the Virginia Museum of Transportation, upon certain terms
and conditions, and dispensing with the record reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 69, page 13.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36773-070604. The
motion was seconded by Mr. Wishneff.
Council Member Dowe advised that he serves on the Board of Directors of
the Virginia Museum of Transportation and the Western Virginia Foundation for
the Arts and Sciences, in which capacities he receives no remuneration. He
inquired if he should abstain from voting on the ordinance.
39
The City Attorney advised that Mr. Dowe may vote on the ordinance
inasmuch as he is not a paid Director of the two organizations.
Ordinance No. 36773-070604 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was not in the Council Chamber when the vote was
recorded.)
BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a
communication advising that on February 17, 2004, Council requested additional
information from the City administration on a request from the Roanoke Arts
Commission for funds to engage a consultant in developing and implementing a
Public Art Master Plan; staff has reviewed the Arts Commission's materials and
the draft request for proposals, and can support a $50,000.00 allocation to
prepare the Plan.
The City Manager recommended that Council authorize transfer of
$ 50,000.00 from Capital Project Contingency Account No. 001-300-9410-2280,
to the Roanoke Arts Commission Account No. 001-300-7220-3754, for the
purpose of preparation of the public Art Master Plan.
Mr. Cutler offered the following budget ordinance:
(#36774-070604) AN ORDINANCE to authorize transfer of funds for Public
Arts Master Plan, 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. 69, page 14.)
Mr. Cutler moved the adoption of Ordinance No. 36774-070604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Dowe was not in the Council Chamber when the vote was
recorded.)
40
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of May 2004.
There being no questions, without objection by Council, the Mayor advised
that the Financial Report for the month of May would be received and filed.
CITY CODE-TAXES-LICENSES: The Director of Finance submitted a written
report advising that pursuant to changes made to State law in 2002, localities
were given the authority to deny certain permits to taxpayers if the taxpayer was
delinquent in the payment of local real estate taxes; accordingly, Section 32-7 of
the City Code was enacted to provide that the City shall deny a request made by
a taxpayer for a special exception, a variance, a rezoning or a building permit if
such taxpayer was delinquent in the payment of real estate taxes; and Section
19-1.2(b) of the City Code, already in effect in 2002, provides that a taxpayer
delinquent in the payment of business license, personal property, meals,
transient occupancy or admissions taxes may be denied a business license for
that reason.
It was further advised that during the last session, the General Assembly
enacted a law limiting a Iocality's authority to deny a taxpayer's application for
certain permits and licenses under certain circumstances; and effective July 1,
2004, Section 58.1-3994 of the Code of Virginia (1950) as amended, goes into
effect which provides that a locality shall not refuse to issue any permit or
license to a taxpayer if the sole basis for denial of such permit or license is the
taxpayer's failure to pay taxes, penalties or interest and such taxpayer has
pending a bona fide application or appeal to the locality with respect to such
taxes, penalties or interest.
The Director of Finance recommended that Council authorize amendments
to Sections 32-7 and 19-1.2(b) of the City Code to bring said sections into
compliance with Section 58.1-3994 of the State Code.
Mr. Dowe offered the following ordinance:
(#36775-070604) AN ORDINANCE amending §32-7, Delinquent real
estate taxes, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation,
and §19-1.2(b), License required; requiring evidence of payment of business
license, business personal property, meals and admissions taxes, of Article II,
In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke
(1979) as amended, by including certain limitations required by state law on the
City's authority to deny an application for a special exception, variance,
rezoning, or certain permits and business licenses respectively, on the basis that
delinquent taxes are owed the City; and dispensing with the second reading of
this ordinance by title.
41
(For full text of Ordinance, see Ordinance Book No. 69, page :15.)
Mr. Dowe moved the adoption of Ordinance No. 36775-070604. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Lea, McDaniel, Wishneff and Mayor
Harris .............................................................. 6.
NAYS: None .................................................... 0.
(Vice-Mayor Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
STADIUM-COUNCIL: Council Member Wishneff requested that Council
engage in awork session on Monday, July 19, 2004, at 12:00 noon to discuss the
process for moving forward on the Victory Stadium issue.
Without objection by Council, the Mayor advised that he would work with
the City Manager and the City Clerk to schedule the work session.
BUDGET-LEGISLATION: Council Member Wishneff spoke in regard to a
formal method of recognizing funding by citizens and local government for arts
and cultural organizations; i.e.: a regionalized State entity, with funding to
channel through the regional entity as a formal line item in the State's budget;
and, in exchange, citizens and local government would be required to provide
matching funds.
He requested that the City Attorney draft the appropriate language to be
forwarded to the Council's Legislative Committee for consideration.
Without objection by Council, the Mayor advised that the matter would be
referred to the Legislative Committee.
42
Council Member Cutler concurred in the remarks of Mr. Wishneff and
advised that he has been a long time advocate of a regional entity to speak on
behalf of all art museums that qualify for inclusion in the Governor's budget.
ZONING-LIBRARIES: Council Member Cutler congratulated Nancy
Snodgrass who was promoted to the position of Zoning Administrator, and Sheila
Umberger who will serve as Acting Director of Libraries.
COUNCIL: Mayor Harris welcomed Council Members McDaniel, Lea and
Wishneff.
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.
ELECTIONS-ACTS OF ACKNOWLEDGEMENT-STADIUM-COUNCIL: Mr. William
J. Bryant, 124 Fleming Avenue, N. E., spoke in support of renovation of Victory
Stadium. He advised that he strongly supports Roanoke's history through the
preservation of historic buildings and facilities; the City of Roanoke should not
compete with larger cities across the country, but remain stabilized and serve the
citizens of Roanoke by letting their voices be heard; and the citizens of Roanoke
should have avoice in electing Council members to fill unexpired terms of office
on the Council. He called attention to potential problems relative to the new
electronic voting machines which are proposed to be used during the November
2004 Presidential Election and the reluctance by some citizens to use the new
equipment. He commended former Mayor RalphK. Smith for his service to the
City of Roanoke over the past four years.
BRIDGES-COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed
appreciation to former Mayor Ralph K. Smith for his service to the citizens of
Roanoke. She expressed concern in regard to Council briefings which are held in
the Council's Conference Room and are not televised on RVTV Channel 3 for
viewing by the general public; and referred specifically to the Dr. Martin Luther
King., Jr. Bridge briefing on June 21 which was held in the Council's Conference
Room and was not televised. She requested that any future briefings on the Dr.
Martin Luther King, Jr. Bridge project be conducted in a setting that allows for the
proceedings to be televised by RVTV Channel 3.
COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue, N.W., advised that
the average person living in the City of Roanoke cannot afford to purchase a
house; the City should offer incentives to keep citizens in Roanoke; the wishes of
citizens should be acknowledged by Council; there is a need for honest and
open government; there is a need for better maintenance of the City's streets and
43
infrastructure; persons should be hired in key City management positions who
will work with the citizens; and there should be greater recognition of the City's
work force.
STADIUM-COUNCIL: Mr. Adrian Lewis, 2538 Belle Avenue, N. E., requested
that Council, as elected officials, maintain open dialogue with the citizens of the
City of Roanoke. He spoke in opposition to the renovation of Victory Stadium
which is located in the flood plain and lacks sufficient parking due to the location
of the Bio Medical Institute. He questioned the need fora20,000+ seat venue
(Victory Stadium).
COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support
of open communication between City Council and the citizens of the City of
Roanoke. She asked that Council work with citizens from the bottom up, instead
of from the top down, beginning with Roanoke's students and schools which are
the backbone of the City. She asked that the comments of citizens be taken into
consideration and that Council take the time to publicly communicate with
citizens, as opposed to engaging in one-on-one dialogue.
STADIUM-COUNCIL: The Reverend John Kepley, 2909 Morrison Street,
S. E., congratulated the three new Members of Council and the Mayor, and
advised that citizens will be working for a new day of peace, prosperity and
advancement for the City of Roanoke. He called attention to the successful
Fourth of July celebration at Victory Stadium which was attended by over 20,000
persons, and asked that Council Members keep their campaign pledges to the
citizens of Roanoke who voted for them on the basis that they will restore this
memorable and valuable City landmark.
CITY MANAGER COMMENTS:
CELEBRATIONS-WATER RESOURCES: The City Manager called attention to
activities that occurred in the City of Roanoke over the Fourth of July weekend;
i.e.: the Jehovah's Witness Convention at the Roanoke Civic Center which
attracted over 6000 participants, the Fourth of July Music for Americans
celebration at Victory Stadium, and the Motor Madness program on the City
Market. She advised thatJuly1, 2004, will be remembered in the history of the
City of Roanoke and the region as the day that the Western Virginia Water
Authority took over water and waste water operations in the Roanoke Valley,
which represents a significant beginning along the path of additional regional
ventures.
At 4:25 p. m., the Mayor declared the Council meeting in recess to be
reconvened in Room :~59 for an update by representatives of the Virginia
Department of Transportation.
44
The Council meeting reconvened at 4:30 p. m., in Room 159, Noel C.
Taylor Municipal Building, for a briefing by representatives of the Virginia
Department of Transportation, with all Members of the Council in attendance,
Mayor Harris presiding.
STATE HIGHWAYS-TRAFFIC: The City Manager recognized representatives
of the Virginia Department of Transportation, and called upon Kenneth H. King,
Jr., Transportation Division Manager, for an overview of the briefing; i.e.:
· Introduction of Dana Martin, Commonwealth Transportation Board
Member; and Richard Caywood, District Administrator, Virginia
Department of Transportation (VDOT)
· Proposed routing of 1-73, recent changes from Southeast to
following the US 220 Corridor
· 1-581/US 220 Corridor Study called for by the previous Council
· Mike Gray, representative of VDOT
Dana Martin, Member of the Commonwealth Transportation Board,
introduced Richard Caywood, District Administrator, Virginia Department of
Transportation, who stated that his role is to listen to citizens in the different
localities to ascertain what they would like to see included in the highway project
within budgetary constraints; VDOT adheres to a set of policies throughout the
state and reviews all available options for various projects; and the Roanoke
geographic area contains multi-mobilism options (alternate uses of
transportation, particularly rail).
Mr. Caywood introduced Rob Cary, District Location and Design Engineer
for the Salem District, VDOT, for an update on the 1-73 project.
Mr. Cary referred to a handout regarding proposed changes to the 1-73
route due to recent designation of the southeast Roanoke neighborhood as a
Historic District. He explained the following:
· The red alternative on the 1-73 plan was developed from citizen
comments in 2001, but could not be utilized because of the historic
district designation.
· The blue alternative on the 1-73 plan modifies only a 12-mile
section of the route in southeast Roanoke, Roanoke County and
northern Franklin County.
· The option being considered for re-routing 1-73 uses existing Route
220 from Elm Avenue, continues south into the Clearbrook area of
Roanoke County, veers southeast of Buck Mountain along Route 657
(Crowell Gap Road) into Franklin County and rejoins the original
corridor plan.
45
He stated that the proposed schedule is to present the alternative to the
Commonwealth Transportation Board on July 15, 2004, for review and approval;
upon approval, the Final Environmental Impact Statement will be completed on
the selected corridor (from I-8! down to North Carolina) by September 2004 and
will be sent to the Federal Highway Administration for evaluation, approval and
issuance of a Record of Decision in early 2005, which will allow allocation of
funds and moving the project to the design stage.
Mr. Cary called for questions regarding the proposal for 1-73.
Vice-Mayor Fitzpatrick stated that a citizen previously expressed concern
about whether any of the Old Southwest Historic District will be involved in the
project; and he could not tell where the Route 220 interchanges will be that will
allow access to Wal-Mart and Buck Mountain Road.
Mr. Cary stated that there will be an interchange for Route 419, the other
interchange will be at Buck Mountain Road, there will not be an interchange with
the Parkway, but a transitional area for Parkway access, and the actual type of
interchange has not been detailed.
Council MemberWishneff requested clarification regarding the process of
approving the change in the corridor route and Mr. Cary reiterated that the
Commonwealth Transportation Board will have to rescind the corridor that was
approved, approve the new corridor, and then finalize the Environmental Impact
Statement, and the National Park Service will be included to work through some
parts prior to finalizing the Environmental Impact Statement.
Mr. Wishneff requested that Mr. Cary reviewa previous map and the 1-581
corridor area lane changes at the Valley View Mall interchange.
The City Manager advised that several years ago, Council and other local
governing bodies were afforded an opportunity to provide comments and to
identify which route each supported; City Council opposed the one route through
the City of Roanoke; VDOT is preparing to move forward with this change based
upon the historic designation of the southeast neighborhood and will not invite
comments from local jurisdictions at this time, but believes that it is important to
provide information to Council on the alignment of the route throughout the City,
given the fact that public meetings were held on June ]. and 2. She further
advised that the bulk of the route will use existing right-of-way already acquired
by VDOT, as it relates to 1-58]. and Route 220, and the more dramatic impacts
will occur at the south end of the City and into Roanoke County on Route 220.
Mr. Cary stated that the purpose of the Environmental Impact Statement is
not to determine the final right-of-way locations; the Federal Highway
Administration requires the same shoulder width on the medium barrier as on
the outside of the lanes where there are three lanes in either direction, and the
46
key is to have eight feet for the shoulder on either side. He further stated that
most of the change will take place at the interchanges; some areas will need to
be reworked for future traffic, such as the area between Orange Avenue and Elm
Avenue because recent traffic counts reflect that approximately 100,000 vehicles
pass through the area per day.
The City Manager noted that the third portion of the study reflects that
VDOT is willing to participate with the City in regard to all three critical
interchanges, well in advance of any 1-73 effort.
Mr. Cary reiterated that once a final decision is made to proceed with the
revised corridor, the next step will be to start the preliminary hearing work, to
prepare detailed surveys and design work, which will afford an opportunity for
more citizen input at additional public hearings.
Council Member Wishneff voiced concern over the environmental impact of
increased traffic; whereupon, the City Manager replied that the impact effort the
City is making will keep the City under the threshold by the required year.
Council member Cutler stated that the Environmental Impact Statement on
the project suggested that the flow of traffic with less idling will improve air
quality.
Vice-Mayor Fitzpatrick agreed and advised that most air pollution comes
from road traffic, not interstates, and if the City does not succeed in its early
intervention plan for air pollution, VDOT may need to deal with the issue.
Mr. King was requested to speak to the study of interchanges since they
have a more immediate impact on the community; whereupon, he advised that it
was known over a year ago that 1-73 would pass through the interchange with
Elm Avenue, which is a source of congestion, and access was a key issue of
discussion concerning the Biomedical Institute. He stated that a number of
reviews and studies were prepared by consultants and VDOTconcerning the two
areas, and consideration of modifications to the Franklin Road partial
interchange by making it a full interchange were reviewed. He further stated
that VDOT envisioned improvements to Wonju Street as a connection to provide
access to the Biomedical area and as an extension of the downtown area; Elm
Avenue is the heart of the area and improvements should be made as well as
focusing on what could be done in the interim for the current situation. With
that in mind, he stated that Council appropriated $100,000.00 to a capital
account and now is the time to study what the Elm Avenue interchange might
look like with improvements toWonju Street and Orange Avenue, which would be
a significant cooperative study with VDOT. He introduced Mike Gray,
representing VDOT.
47
Mr. Gray explained that a study team was created consisting of
representatives from the City, VDOT and the regional commission to study
interchange areas; the team put together a request for proposals which will soon
be released to the public; and approximately $300,000.00 in State and Federal
funding has been approved. He stated that it would be in the best interests of
both the City and VDOT to make improvements to the interchanges.
Mr. King advised that the City is a partner in the study and will have direct
involvement in the process, and funds have already been used to collect traffic
data for the first part of the study in advance.
Mayor Harris inquired about the status of the maintenance program relative
to upgrading the appearance of 1-581, as opposed to reconfiguration of 1-581.
Mr. Gray replied that maintenance is a part of the issue; a study has been
completed of interchange duplication which is similar to the study that was done
by the City of Lynchburg some time ago; VDOT has a viable plan to work with,
but the challenge is in determining what type of funding can be used and
whether funding can be used for the maintenance program; and he will work with
City staff to identify specific deliverables out of smaller amounts of ordinary
maintenance program funding to make the area look better.
The City Manager advised that certain businesses in the past have
expressed a willingness to support financially the beautification of the areas in
question, it would be beneficial to know as soon as possible that any problems
envisioned byVDOTwith the Lynchburg advertising model have been resolved so
that the City could encourage local businesses to participate, realizing that once
the changes are made, someone will be responsible for maintenance.
Vice-Mayor Fitzpatrick suggested that VDOTlet the City knowwhat can be
done as soon as possible so that business partners and citizens may participate.
Mayor Harris expressed appreciation to VDOT officials and to City staff for
an informative briefing.
At 5:30 p. m., the Mayor declared the meeting in recess and Council
convened in closed session in the Council's Conference Room, Room 451, Noel
C. Taylor Municipal Building.
At 5:40 p. m., the Council meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which any
48
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the
terms of office of Sharon Hicks and Wendi Wagner as members of the Youth
Services Citizen Board expired on May 31, 2004; whereupon, he opened the floor
for nominations to fill the vacancies.
Mr. Cutler placed in nomination the names of Sharon Hicks and Wendi
Wagner.
There being no further nominations, Ms. Hicks and Ms. Wagner were
reappointed as members of the Youth Services Citizen Board, for terms ending
May 31, 2007, by the following vote:
FOR MS. HICKS AND MS. WAGNER: Council Members Cutler, Dowe,
Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harris ...................... 7.
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that the
terms of office of Donna Johnson, Michael W. Hanks and Cyril J. Goens as
members of the Board of Trustees, City of Roanoke Pension Plan, expired on June
30, 2004; whereupon, he opened the floor for nominations to fill the vacancies.
Mr. Cutler placed in nomination the names of Donna Johnson, Michael W.
Hanks and Anthony Wallace.
There being no further nominations, Ms. Johnson was reappointed for a
term ending June 30, 2008, Mr. Hanks was reappointed for a term ending June
30, 2006, and Mr. Wallace was appointed for a term ending June 30, 2006, as
members of the Board of Trustees, City of Roanoke Pension Plan, by the
following vote:
FOR MS. JOHNSON, MR. HANKS AND MR. WALLACE: Council Members
Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harris .......... 7.
Inasmuch as Messrs. Hanks and Wallace are not residents of the City of
Roanoke, Mr. Cutler moved that the City residency requirement be waived. The
motion was seconded by Mr. Dowe and unanimously adopted.
49
OATHS OF OFFICE - COMMITTEES - PERSONNEL DEPARTMENT - GREENWAY
SYSTEM - ROANOKE ARTS COMMISSION LIBRARIES - CONVENTION AND
VISITORS BUREAU - FIRE DEPARTMENT - HUMAN DEVELOPMENT - FLOOD
REDUCTION/CONTROL - WAR MEMORIAL - PARKS AND RECREATION - TOWING
CONTRACT: The Mayor advised of the following expiration of terms of office on
June 30, 2004:
Personnel and Employment
Practices Commission
Tamara S. Asher and William C.
Holland for terms ending June
30, 2007
Roanoke Valley Greenways
Commission
Talfourd H. Kemper, Jr., for a term
ending June 30, 2007
Roanoke Arts Commission
William B. Hopkins,Jr.,Terri R. Jones,
Mark C. McConnel and Kristi Pedelty
for terms ending June 30, 2007
Roanoke Public Library Board
Herbert D. McBride for aterm ending
June 30, 2007
Roanoke Valley Convention
and Visitors Bureau
A. Morris Turner, Jr., for a term
ending June 30, 2005
Board of Fire Appeals
Edwin L. Noell, Bobby Lavender and
Mark K. Cathey for terms ending June
30, 2008
Human Services Committee
H. Clarke Curtis, Frank W. Feather,
Para Kestner-Chappelear, Randy
Leftwich and Jane R. Conlin for terms
ending June 30, 2005
Flood Plain Committee
Lucian Y. Grove, Bill Tanger, Mack D.
Cooper, Dennis Tinsley, Read A.
Lunsford, Frank B. Caldwell, Herbert
C. Berding, Jr., and Edgar V. Wheeler
for terms ending June 30, 2005
War Memorial Committee
Alfred C. Moore, Robert O. Gray,
Harold H. Sorrell, Sr., Philip C.
Schirmer and Sloan H. Hoopes for
terms ending June 30, 2005
50
Mill Mountain Advisory
Committee
E. C. Pace, Ill, Steven Higgs, Louise F.
Kegley, Richard Clark, Eddie Wallace,
Betty Field, Michael Loveman and
Carl H. Kopitzke for terms ending
June 30, 2005
Towing Advisory Board
Charles Brown and William F. Clark
for terms ending June 30, 2007
The above named persons were reappointed to their respective committees
for the above referenced terms of office by the following vote:
FOR MS. ASHER, MR. HOLLAND, MR. KEMPER, MR. HOPKINS, MS. JONES, MR.
MCCONNEL, MS. PEDELTY, MR. MCBRIDE, MR. TURNER, MR. NOELL, MR.
LAVENDER, MR. CATHEY, MR. CURTIS, MR. FEATHER, MS. KESTNER-CHAPPELEAR,
MR. LEFTWlCH, MS. CONLIN, MR. GROVE, MR. TANGER, MR. COOPER, MR.
TINSLEY, MR. LUNSFORD, MR. CALDWELL, MR. BERDING, MR. WHEELER, MR.
MOORE, MR. GRAY, MR. SORRELL, MR. SCHIRMER, MR. HOOPES, MR. PACE, MR.
HIGGS, MS. KEGLEY, MR. CLARK, MR. WALLACE, MS. FIELD, MR. LOVEMAN, MR.
KOPITZKE, MR. BROWN AND MR. CLARK: Council Members Cutler, Dowe,
Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harris ...................... 7.
Inasmuch as Ms. Jones, Ms. Kestner-Chappelear, Mr. Tanger, Mr. Caldwell,
Mr. Schirmer, Mr. Brown and Mr. Clark are not residents of the City of Roanoke,
Mr. Cutler moved that the City residency requirement be waived. The motion
was seconded by Mr. Dowe and unanimously adopted.
At 5:45 p. m., the Mayor declared the Council meeting in recess until
Friday, July 16, 2004, at 12:00 noon in the Shenandoah Room, The Hotel
Roanoke and Conference Center, for a presentation by Michael Boyd, President,
Boyd Group Aviation Systems Research Group, on Community Team Building for
Airports and the communities they serve, which meeting will be declared in
recess until Monday, July 19, 2004, at :~2:00 noon in Room 159, Noel C. Taylor
Municipal Building, for a Council workshop to discuss the process for moving
forward on the Victory Stadium issue.
The Tuesday, July 6, 2004, the regular meeting of Roanoke City Council,
which was recessed until Friday, July 16, 2004, at 12:00 noon, in the Shenandoah
Room, The Hotel Roanoke and Conference Center, for a presentation by Michael
Boyd, President, Boyd Group Aviation Systems Research Group, on Community
Team Building for Airports and the communities they serve, was called to order,
with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding.
51
PRESENT: Council Members M. Rupert Cutler and Vice-Mayor Beverly T.
Fitzpatrick, Jr.- ...................................................... 2.
ABSENT: Council Members Alfred T. Dowe, Jr., Sherman P. Lea, Brenda L.
McDaniel, BrianJ. Wishneffand Mayor C. Nelson Harris ..................... 5.
OTHERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; and Sheila N. Hartman, Assistant City Clerk.
AIRPORT: Michael Boyd, President, Boyd Group Aviation Systems Research
Group, gave an overview of the following information:
· Realities of air service as related to fares, airline pricing, airline economics
and airline decision making in general as specifically related to airports
the size of the Roanoke Regional Airport
· Air service issues at Roanoke Regional Airport related to market size and
demand vs. service levels and fares, and impact of regional jets and the
concept of "leakage"
· The role that the Roanoke Regional Airport plays in the region as
compared to service and fares with other similar airports and the
strategies of "low fare" airlines
· The roles of the community and Roanoke Regional Airport concerning the
on-going marketing program and efforts that can be made to work
together to retain and improve air service
Where Roanoke stands:
· Roanoke has good service, access and some opportunities
· New Air Transportation Horizon
Flights are full, but losses are higher
A materially different cost environment
Material change in traffic drivers - whole new metrics
A different mix of passengers
Business travel is flat or declining
Airlines are consolidating - fewer airlines
· Traffic is fundamentally different, lost 70 million passengers between
2000 and 2003
· Airlines business is smaller
20% revenue shortfall
No industry can absorb this without fundamental changes in the way they
do business
Went from Pre - 9/1! - expansion to Post - 9/1! - survival
· Airline Industry- A new structure
Three basic structures - network airline systems, Iow-fare cherry-pickers,
small jet providers to network systems (no longer any "regional" airlines)
Roanoke is connected to airline systems
52
Overview of Main Trends:
· Alliances - Continental Airlines participates
Collaborative competition - Access to smaller airline systems to serve
smaller communities
Passenger planes with 50/70 seats
Fares will probably go up, but access is not going to drop
· Airline expansion strategies - Iow risk, high return, concentration on
business travel
· Roanoke traffic is rebounding
· Roanoke service levels
Air service has improved since 9/11, more jet services, nonstop to New
York
· Roanoke Hubs
Without connecting hubs, Roanoke would have much less service
Over half of Roanoke traffic is to or from cities that, each by themselves,
represent less than 1% of the total
No single destination from Roanoke represents more than 3.75% of the
total
The wide and diverse hub service at Roanoke is a competitive
advantage
· Roanoke Airline Traffic Mix
US Airways (41.2%), Delta (31.8%), United (13.1%), Northwest (1~.2%),
Other (2.7%)
Delta is likely to increase share in 2004
US Airways is likely to decrease share due to closure of its hub at
Pittsburgh
Roanoke has service from four major airline systems
Roanoke now has access to eight major connecting hubs, plus New
York/LaGuardia (Washington-lAD, Charlotte, Atlanta, Cincinnati, Chicago,
Detroit, Philadelphia, Pittsburgh)
Exceptional access to Europe, plus two major airline gateways to Asia &
China (Access to China will be critical to economic growth in the next
decade)
Increasing levels of jet service
· Clouds on the Horizon
Delta - Restructuring, but Roanoke is a key part of the route system
United - Under FAA pressure to reduce flights into Chicago/O'Hare
US Airways - Closure of Pittsburgh hub is likely
· Fares Comparison
Greensboro is almost always less cost
Roanoke versus Richmond/Tri-Cities is comparable
Fare to Chicago - Of the three, Roanoke has lower fare
53
Roanoke and Airline Realities - I
· There are very few airlines
· New route decisions are based on highest return for increasingly expensive
assets
· Airlines look to markets where they can gain net-new traffic with the
lowest risk; hence, there is not a lot of expansion currently at mid-size
and smaller airports
· Roanoke has service from all but two possible major airline systems -
American and Continental
· Continental now has an alliance with Delta
Roanoke and Airline Realities - II
· The Airport has no control over airline decisions
· The Airport actively works to recruit new service and enhance existing
service
· Attracting a Iow-fare carrier is a function of having more potential traffic
than other (and larger) communities
· Competition: Colorado Springs, Fresno, Richmond, and at least a dozen
more
· Competition: Dallas/Ft. Worth, Las Vegas, Milwaukee
Low-Fare Service not out of the picture
· New economics: the passenger hurdles are way up
· Figure 400,000 for Southwest
· Bigger markets and opportunities elsewhere
· AirTran at Dulles/Ft. Worth; Spirit at Detroit; Frontier at Los Angeles
· Roanoke is a bit down the ladder
Independence Air
· Roanoke is a near certain target
· The business model (small jets with Iow fares) is not yet proven
· One of America's best managed companies
· Concept: Lower fares, not necessarily rock-bottom
· Current strategy: markets that can support 5-6 daily flights to
Washington, without connecting traffic
Other potential new service
· Continental: Some potential for Houston
· American: Some potential for Dallas/Ft. Worth
· JetBlue: Possible, but not before 2007, probably, due to aircraft deliveries
54
· Frontier: Now expanding mostly into Mexico and large markets from Los
Angeles (Not in the cards)
· ATA: An option for service to Chicago/Midway; not likely until they order
small jets (not on the horizon yet)
What the community can do
· Roanoke has strong air service
· Fares are not out of line with smaller airports
· Before booking - check out Roanoke first
· Support for the current service will bring more service
· Assure suppliers and family members from other areas
Roanoke first
· Consider value of time
- check out
Council Member Cutler suggested that the coalition that pledged $2 million
for a travel bank to bolster use of airlines should assign persons to continually
monitor airfares and publicize Iow fares out of Roanoke through a "Check
Roanoke First" campaign, using local news media.
Mr. Boyd noted that some localities use their websites to publish this type
of information and agreed that Roanoke has something going in regard to
disseminating information to the public and suggested that Roanoke continue to
build on the concept.
Inasmuch as the Pittsburgh hub will close within the year, J. Granger
Macfarlane, member of the Roanoke Regional Airport Commission, inquired if it
would be appropriate and valuable for Roanoke to continue to call upon
Continental Airlines to substitute the Cleveland hub for the loss of the Pittsburgh
hub, which would add another carrier to the area and may open up the Houston
hub.
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, replied
that she recently met with representatives of Continental Airlines, they are
reviewing the matter and have expressed an interest in a Roanoke hub.
Mr. Boyd stated that the loss of the Pittsburg hub would be a problem, but
some of the flights may be picked up through the northeast; and if US Airways
went out of business tomorrow, the gap in service would probably be filled
quickly by others.
Mr. Cutler suggested that the airport could tie into the Metro Bus Line from
Blacksburg to Roanoke, and commuters could ride the bus to the airport in lieu
of driving.
55
Mr. Boyd stated that something similar was tried by the City of
Harrisonburg for the Shenandoah Valley which did not work well because most
people prefer the convenience of their personal vehicle.
In the interest of economic development, Vice-Mayor Fitzpatrick inquired if
there will come a time when a combination of airlines will come together as
partners, with a willingness to build a structure such as a maintenance facility,
and will this be helpful in recruiting another airline.
Mr. Boyd responded that American Eagle built a maintenance facility in
Michigan and because of that, they now service Chicago, which they would not
have done otherwise; and having a maintenance facility would be a positive draw
for the area.
Ms. Shuck noted that the Roanoke Regional Airport presently has a
maintenance facility for turbo props; and Vice-Mayor Fitzpatrick asked about the
feasibility of a maintenance service for jets.
At :~:40 p.m., the Vice-Mayor declared the Council meeting in recess until
Monday, July 19, 2004, at 12:00 noon in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, for a Council workshop to
discuss the process for moving forward on the Victory Stadium issue.
The Tuesday, July 6, 2004, regular meeting of City Council which was
recessed until Friday, July 16, 2004 and further recessed until Monday, July 19,
2004, reconvened at 12:00 noon in Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, for a workshop to discuss the
process for moving forward on the Victory Stadium issue, with Mayor C. Nelson
Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brenda F. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris ..................................................... 7.
ABSENT: None ................................................ 0.
The Mayor declared the existence of a quorum.
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 Council Member Lea.
56
STADIUM: The Mayor advised that the purpose of the work session is not
to study the fate of Victory Stadium, but to gain aconsensus from the Council on
the process by which a decision can ultimately be made. He opened the floor for
comments by Council Members.
Council Member Wishneff presented the following proposal:
1. A citizens committee (Stadium Committee) be created to manage the
evaluation process for studying the alternatives related to a Public
Assembly/Sports Facility (Facility) for Victory Stadium (VS) and to make
recommendations to Council on the best alternative(s).
2. The Stadium Committee would look at three program needs for the
community: (1) sports (such as football, soccer and lacrosse), (2) an
outdoor track, and (3) public assembly activities such as "The Walk for Life"
and the July 4'h concert.
3. Two alternative locations will be thoroughly evaluated for the sports
component (VS and placing a facility at each high school), three
alternatives for the track (VS, at each high school or in a separate location)
and two alternatives for the public assembly facility (VS and at each high
school).
4. The duties of the Stadium Committee would include:
interviewing, selecting and negotiating a contract with a consulting
team that should include architecture, engineering, marketing firms
(consultants) to do a thorough evaluation of the cost of renovating VS
for use as any or all of the three program needs, building a new facility
at the two high schools or any or all of the three program needs, and
an off-site alternative(s) for the track on land already owned by a
public entity; the consultants shall legally work for the City but
practically (day to day) for the Stadium Committee.
It will be up to the Stadium Committee to determine the scope of the
consultants' work and to determine the various levels of quality and
program alternatives to be studied at each of the locations.
interview potential users (high schools, colleges/universities, sports
clubs, promoters, State associations, others) about their needs and
interest in using such facilities.
Working with the consultants, determine support facility and
infrastructure needs, (parking, ingress, egress, environmental impact),
for each location and program alternative.
57
Meet with groups whose surrounding facilities might be needed to
enhance the various alternatives; for example, Carillon and the School
Board would be approached about shared parking opportunities.
Working with the consultants, hold meetings with groups/entities
(School Board, Carillon, PTA's, surrounding neighborhoods) to gain an
understanding of the issues that might arise from the various
alternatives and possible solutions to those issues.
Consultants work should include cost estimates for the various
alternatives.
Use a variety of means (public meetings, media, etc.) to gather public
comment on the alternatives.
The Sports Committee should rank various alternatives from most
desirable to least desirable.
5. The Stadium Committee shall be made up of 15 people, which would
include two appointees by each Council Member and Brian Wishneff as
Council liaison; and each Council appointee must have the unanimous
consent of the Council in order to be appointed.
6. Each Council Member shall have names to bring for Council
consideration at the August 2, 2004, meeting for approval by Council at
the meeting.
7. The Stadium Committee would be subject to all of the same FOI
rules/regulations as City Council.
8. The Stadium Committee shall select a chair and vice-chair from among
its members at its first meeting.
9. The Stadium Committee shall strive to complete its work within nine
months of August 2, 2004.
10. Council shall appropriate $150,000.00 for the Stadium Committee to
carry out its work.
11. The City Clerk's Office shall provide secretarial support.
12. The City Manager, Finance Director and City Attorney's Office shall
send a representative to each meeting of the Stadium Committee and
provide support and assistance as requested.
Mr. Wishneff further advised that from a program or space point of view,
there are four kinds of uses: (1) team sports at all levels of college and high
school, (2) outdoor track and field, (3) outdoor use for community events over
10,000 persons, and (4) outdoor music events (more quality type events) which
should be studied separately since a more specialized facility will be needed. He
called attention to the need to address program issues, the question of whether
the facility study is driven by a citizens committee or City Council directly, the
role of City staff, location, i.e.: Victory Stadium, two high schools and an
independent location, and to begin some type of advertising process. He stated
that he has recommended appointment ora citizen committee to review the first
three program needs, but not the small music venue, and to consider Victory
Stadium as well as the two high schools and an independent site for track and
field purposes; the committee would hire, interview and select aconsulting team
that would be composed of architects and engineers and others to evaluate cost,
programs, the number of users ranging from high school, to recreation, to
colleges and universities, in addition to critical issues like parking, ingress,
egress, to meet with affected bodies such as the School Board, surrounding
neighborhoods, Parent-Teacher Associations and ultimately propose a cost
estimate for various alternatives. At the end of the process, he advised that
Council will have all of the information it needs to make an informed decision.
Council Member Dowe advised that it was his understanding that the
process was to address two issues: Victory Stadium or the specific Williamson
Road/Orange Avenue site. He stated that the connotation is that the process is
starting over if the scope of the study is to look at high schools and field
opportunities, and, if that is the case, there is then a whole different level of
ideas that some members of Council were not privy to; and other venues, other
jurisdictions and other possibilities will need to be considered. He added that a
delay in the process will involve the loss of several more years, and a possible
change in the leadership of the City. He reiterated that it was his understanding
that the issue was the renovation, practicality and cost effectiveness of Victory
Stadium versus the Williamson Road/Orange Avenue site, and to this point he
has not heard any mention of the Williamson Road/Orange Avenue site;
whereupon, he inquired if the site is off the table, and if so, what will be done
with the Williamson Road/Orange Avenue location.
Council Member Cutler advised that he would not be in favor of wasting all
of the time, effort and investment that has gone into the Williamson
Road/Orange Avenue site, which must be among the alternatives to be reviewed
just as intensively as Victory Stadium, the two high school sites, and a
combination stadium/amphitheater, etc. He presented a Proposed Roanoke
Stadium Location Decision Matrix which includes more alternatives than were
suggested by Mr. Wishneff that starts with the Williamson Road/Orange Avenue
Stadium/Amphitheater because the site is already owned, prepared and plans are
ready to proceed. Secondly, he suggested looking at the feasibility of continuing
to develop the Williamson Road/Orange Avenue site as an amphitheater
59
comparable to the nearby Civic Center and work with the high schools to gain
support from the neighborhoods around Patrick Henry and William Fleming High
Schools for construction of high school football stadiums and tracks at each high
school site. He stated that because the Patrick Henry site is smaller than the
William Fleming site and the residential neighborhood is in closer proximity, the
proposal might meet with more success by the neighborhood ifa smaller football
facility (1000 seats) is constructed at Patrick Henry and a larger stadium (6000
seats) is constructed at William Fleming, while continuing to develop the Orange
Avenue and Williamson Road site as an amphitheater. Thirdly, he stated that
Victory Stadium should be looked at in the context of a concert stage and a
Sl0Orts stadium, with a concert/amphitheater at another location. He also
referred to a suggestion made by a local citizen, Sam Lionberger, that
consideration be given to a site across Interstate 581 from Valley View Mall, and
there may be other locations that should be considered. He mentioned the
desirability of a regional facility; a study should not be limited to Victory Stadium
and the two high schools; other program needs include the track and field
opportunity; and the feasibility of maintaining one of the grandstands at Victory
Stadium to review track and field events, lacrosse and other sports. He stated
that he does not advocate the prompt razing of Victory Stadium because of the
historic value of the facility; 4'~ of July activities can be celebrated on any flat
piece of ground in the City and 4'h of July celebrations could be held along the
Roanoke River.
Council Member McDaniel advised that she is not totally sold on the idea of
appointing a committee. First, she stated that Council needs to reach a
consensus on the scope of the study and how far back it wishes to go, she would
like to see the Orange Avenue site included in the study, she is cool to the idea
of constructing smaller stadiums in neighborhoods because of lighting, traffic,
littering, and noise issues, and because residents will be concerned about their
neighborhoods which could detract attention from the larger issue of what to do
about Victory Stadium, and what kind of facility is needed, etc. She stressed the
need to look at what will provide the long term greater benefit to the citizens of
Roanoke, and it would be advantageous to engage in a facility study on the cost
of renovating Victory Stadium which appears to be the point where the process
was derailed for lack of good and meaningful cost estimates. She suggesteda
review of previous studies of Victory Stadium and a comparison of the figures
with the Orange Avenue site.
Council Member Lea advised that the citizens of the City of Roanoke spoke
loud and clear on two occasions this year with regard to their wishes for Victory
Stadium. He stated that there have always been options and alternatives, but the
citizens of Roanoke have stated clearly that they want Council to resolve the
issue of Victory Stadium and the question, first and foremost, should be whether
Victory Stadium can be renovated, and, if so, at what cost. He added that it is
not his position to look at other alternatives, and he supports all of the focus
being placed on Victory Stadium.
60
Vice-Mayor Fitzpatrick advised that he did not campaign on the issue of
Victory Stadium, but on the premise that he would be willing to look at a
reconsideration of Victory Stadium. He stated that the broad picture is not about
Victory Stadium, but about spending taxpayers' dollars responsibly, to ensure
that we know what kind of sports venue is needed for high school students, be it
a stadium or atrack, and to look at potential entertainment needs of not just the
City of Roanoke, but the entire Roanoke Valley. He added that nothing that has
been discussed thus far; i.e.: a high school stadium at each of the high schools
or Victory Stadium has any return on investment that fills up hotel rooms, or
brings additional meals taxes to the community, or places money back into the
community. He advised that the City has a responsibility to provide basic
football, track and other needs for its students, but the bottom line is: what
does the Roanoke Valley need in the way of entertainment facilities and what is
needed for high school sports. He stated that no core drillings have been made
at Victory Stadium to determine the facility's structural condition, costs have
been estimated, but the bigger picture is the need to look at a regional
entertainment venue that affords the opportunity for Roanoke County, the City of
Salem and the Town of Vinton to participate and to share in revenues. He
advised that the City of Roanoke is an unusual and unique place for a city of its
size, it provides a stadium that seats 25,000 people, when the average football
game attracts approximately 1000 people; and taking into consideration all of
the venues, deleting the 4'h of July celebration and Festival in the Park, there are
less than 20,000 people who attend events at Victory Stadium each year,
therefore, he will be hard pressed to spend large amounts of tax dollars on
Victory Stadium without considerably more information and a better
understanding of the future needs of the Roanoke Valley. He stressed the need
for a thorough study of what the region could support, the kinds of
entertainment that the region needs to look at, whether or not people will come
to the Roanoke Valley if the right kind of regional venue is constructed, and what
is the ultimate cost to renovate Victory Stadium.
Council Member Dowe advised that numerous and great ideas could
eventually be uncovered, but there is a need to focus on the price of a thorough
study that will reveal the cost to make Victory Stadium feel different. He said
that athletic leaders and promoters have stated that the Roanoke community has
a hard time supporting events, therefore, they do not select Roanoke and choose
instead to go to Greensboro, or Richmond, or Charlotte, etc., where they know
they can promote at least one or more successful shows.
Dr. Cutler referred to the diversity that is represented on the Council and
the expertise that each Council Member brings to the table. He stated that his
level of expertise in is natural resources management, including water
management, flood control issues, etc., therefore, one cannot lose site of the fact
that the Roanoke River will flood the site of Victory Stadium every few years; the
State is unable to fund the Roanoke River Flood Reduction Project due to lack of
funds and no funds are included in the 2005 budget of the Corp of Engineers to
61
help with the flood reduction project on the Roanoke River. Even if funds were
included, he advised that design of the project is only to reduce flooding from a
high peak to a somewhat less high peak and not to totally eliminate flooding,
and if Victory Stadium were rebuilt, it would be necessary to rebuild the field at
least ten feet higher than it is today in addition to rebuilding the infrastructure at
an exorbitant cost. He stated that the reality is that the Victory Stadium site
presents a flooding problem and will continue to be a site that will flood,
therefore, how can the City continue to invest more tax dollars in a flood prone
site.
Council Member Lea advised that his main focus continues to be on Victory
Stadium, and certain colleges and universities have expressed an interest in
playing football games at the facility.
The Mayor advised that there appears to be several issues that have
evolved around today's discussion; i.e.: high school athletics (there is an issue as
to where Patrick Henry and William Fleming will play football and an unresolved
issue about an appropriate track and field venue for track teams that has been
ongoing for several years); (2) an issue regarding a regional entertainment
venue - the amphitheater concept and whether there is a market to support an
amphitheater, etc.; (3) Victory Stadium as an already existing facility; and (4)
what can be done with Victory Stadium if another alternative is pursued. He
stated that he would like for the Council to gain some consensus on whether
these are issues that the Council would like to study, or is the Council ora mind
to appoint a citizens committee to study and make recommendations. He called
attention to the amount of time that will be required to study the issues; and, in
the past, Council has utilized citizens for these types of undertakings, such as
the City's Comprehensive Plan, and the School Safety Task Force report, etc. He
called attention to the opportunity to appoint a citizens committee composed of
persons with the kinds of background and expertise that could make a well
rounded and diverse committee, with backgrounds in architecture, engineering,
economic development, marketing, etc. He inquired if there is a consensus by
the Council to appoint a citizens committee, or is this an assignment that the
Council would like to pursue.
Council Member Cutler advised that if he were appointed to a citizens
committee, he would want to have updated information on alternatives; prior
studies of Victory Stadium are several years old in respect to the costs of
different levels of renovations, therefore, he would support updating the studies
in current dollars, in addition to information on what has already been invested
in the Williamson Road/Orange Avenue site, how much it will cost to complete
the site, and information on other site alternatives and locations. He inquired
about a time line to update the studies prior to appointing a citizens committee,
or should the citizens committee be allowed to identify the types of information
that should be updated.
62
Vice-Mayor Fitzpatrick advised that Council should remain involved in the
process in order to obtain the right kinds of information, such as structural
studies of Victory Stadium, including in-depth core drillings, etc., information on
the number of attendees at such events as high school football games, the
Western Virginia Classic, 4th of July celebration, Festival in the Park, etc., market
studies of entertainment and sporting events that have examined venues the size
of Roanoke to gain a better understanding of whether or not people will come to
Roanoke for entertainment, and the cost of operation of Victory Stadium (what is
the City currently spending and what should be spent to maintain the facility).
He stated that before appointing a citizens committee, certain basic information
should be in hand and Council should be the entity that decides what information
is needed in conjunction with City staff, and after the information is in hand,
Council will then be in a position to make a decision on whether to study the
matter or appoint a citizens committee.
Although the Mayor's point is well taken, Council Member McDaniel
questioned whether a citizens committee is needed. She advised that there have
been significant successes with citizen committees, but she is haunted by the Dr.
Martin Luther King, Jr., Committee and the Roanoke Sister Cities Sculpture
Committee, both of which took considerable time before a consensus was
reached and she would not want to see that happen in this instance. She stated
that if a citizens committee is appointed, it will be necessary to establish a well
defined charge for the committee.
Council Member Dowe agreed with the remarks of Ms. McDaniel and
advised that his fear rests in the process which could uncover many great ideas
that could conceivably take the process back to square one and could lead to the
involvement of other jurisdictions and studies, therefore, he expressed
reservations because of the time involved and the availability of investment.
Council Member Wishneff advocated that a citizens committee is the
preferred alternative because a considerable amount of frustration in the past
was related to the process. He stated that the amphitheater will require a
different type of study because it involves a different concept.
The Mayor advised that there are two issues: (1) the athletic issue - high
school as well as beyond high school, and (2) the entertainment question relative
to an amphitheater. He inquired if the athletic question could be addressed by
the citizens committee; i.e.: the issue of high school football, Victory Stadium,
track and field, while Council embraces the entertainment question.
Vice-Mayor Fitzpatrick advised that a policy issue that needs to be
addressed by Council is whether or not the City of Roanoke has a responsibility
to provide athletic facilities for Roanoke City Schools.
63
In order to reach a consensus by the Council, the Mayor requested that
Council Members provide him with their input regarding the charge for a citizens
committee prior to the August 2 Council meeting, and based upon the responses
by Council, he will draft a document that will be reflective of the wishes of the
Council as a whole prior to the August 2, 2004, Council meeting. He also
suggested that Council Members be prepared to.recommend at least two persons
per Council Member to serve on a citizens committee.
Council Member Wishneff suggested appointment of two Council liaisons
to the citizens committee (a person who is associated with each view).
There was discussion in regard to the advisability of appointing a
member(s) of Council to the citizens committee; whereupon, it was noted that
the presence of a Council Member could sway decisions by the committee.
In order to reach a consensus, the Mayor suggested that a Council liaison
not be appointed, that Council agree to select a Chair or two Co-Chairs of the
committee, and that status reports be provided to the Council on a regular basis.
In summary, the Mayor requested that Council Members provide him with
their suggestions regarding the scope of the citizens committee prior to the
August 2, 2004, meeting of the Council, which will enable him to prepare a
consensus of the Council for discussion on Monday, August 2, and that Council
Members be prepared to recommend two persons each to serve on the citizens
committee, which will be discussed in closed session under the category of
vacancies on various boards and commissions. He emphasized that the citizens
committee will address the athletic question and he will work with the City
Manager to identifya process for Council to address the entertainment question,
amphitheater, regional possibilities, etc.
There being no further business, the Mayor declared the meeting
adjourned at 1:50 p.m.
APPROVED
ATTEST: /~.~x.
Mary F. r
City Clerk
C. Nelson Harris
Mayor
64
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
July 19, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
July 19, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36762-070604 adopted by the
Council on Tuesday, July 7, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff,
and Mayor C. Nelson Harris .......................................... 7.
ABSENT: .................................................... 0.
The Mayor declared the existence of quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-JUVENILE CORRECTIONAL FACILITIES: The
Mayor recognized and commended two employees from the Roanoke Valley
Juvenile Detention Center who recently received awards from the National
Juvenile Detention Association; i.e.: Rick Weekly who received the Bob Rader
Detention Services Worker of the Year Award for helping to implement the video
court system that allows juveniles to be arraigned without leaving the Juvenile
Detention Facility; and Kelvin Edwards who received the Bob Rader Line Staff
Worker of the Year Award for his participation in a program called Impact 180
which is a leadership based treatment alternative to State facilities for non
violent offenders.
65
In recognition of their achievements, the Mayor presented Mr. Weekly and
Mr. Edwards with silver stars engraved with the City of Roanoke's branding
logo.
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 Thursday,
May 13, 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.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
CITY COUNCIL: 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, was
before the body.
Mr. Dowe moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None ................................................ O.
66
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
the City Manager requesting that Council convene in a Closed Meeting to
discuss disposition of publicly-owned property, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950,
as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager
to convene in a Closed Meeting as above described. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
the City Manager requesting that Council convene in a Closed Meeting to
discuss disposition of publicly-owned property, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950,
as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager
to convene in a Closed Meeting as above described. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
the City Manager requesting that Council convene in a Closed Meeting to
discuss acquisition of real property for a public purpose, where discussion in
open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended, was before the body.
67
Mr. Dowe moved that Council concur in the request of the City Manager
to convene in a Closed Meeting as above described. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
COMMITTEES-CITY COUNCIL-LIBRARIES: A communication from Council
Member Brenda L. McDaniel tendering her resignation as a member of the
Roanoke Public Library Board, effective immediately, was before the body.
Mr. Dowe moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
PARKS AND RECREATION-COMMITTEES: A communication from S. James
Sikkema tendering his resignation as a member of the Parks and Recreation
Advisory Board, effective immediately, was before Council.
Mr. Dowe moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
PARKS AND RECREATION-COMMITTEES: A communication from Carl H.
Kopitzke, Chair, Parks and Recreation Advisory Board, advising of the
resignation of Geraldine LaManna as a member of the Parks and Recreation
Advisory Board, effective immediately, was before Council.
Mr. Dowe moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
OATHS OF OFFICE-COMMITTEES-CITY COUNCIL: A report of qualification
of Brenda L. McDaniel as a Member of the Council of the City of Roanoke to fill
the unexpired term of C. Nelson Harris, ending June 30, 2006, was before the
body.
Mr. Dowe moved that the report of qualification be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
LEGISLATION-TOTAL ACTION AGAINST POVERTY: The following item was
sponsored by Mayor C. Nelson Harris and Vice-Mayor Beverly T. Fitzpatrick, Jr.
Theodore J. Edlich, III, President, Total Action Against Poverty in Roanoke
Valley; and Ann Fisher, Executive Director, Virginia CARES, expressed
appreciation to the City of Roanoke for its assistance to ensure the survival of
Virginia CARES, the statewide network of pre and post incarceration services.
Mr. Edlich advised that:
In 1979, with the help of former Congressman M. Caldwell
Butler, TAP launched the Virginia CARES Program, one of the
first statewide networks of pre and post release services to
State felons.
69
Over the past 25 years, Virginia CARES has worked with more
than 30,000 inmates and ex offenders by providing them with
support for a crime free life with help in finding a job,
housing, individual and peer support counseling and
assistance in reconnecting with their families.
Virginia CARES has been studied on two occasions by the
Virginia Department of Corrections and has demonstrated
success at recidivist reduction.
The average cost for a Virginia CARES participant is $229.00
compared with the cost of one year of incarceration at
$22,000.00; and costs to potential victims of crime is
incalculable.
More than 400 persons from the Roanoke area have come to
the Virginia CARES offices, the overwhelming majority of
whom are referrals from Probation and Parole.
Currently, Virginia CARES makes up 75 per cent of the
community based PAPIS system, pre and post release
incarceration services in the Commonwealth of Virginia.
It is not surprising that Virginia CARES has often been caught
up in political infighting at the State level which has had
nothing to do with the merits of the work provided by Virginia
CARES, even though the number of prisoners released from
State institutions is on a sharp rise and will continue to be so
for the next decade.
With the financial struggle in Richmond, the political struggle
has worsened; two years ago, Virginia CARES was a victim of
political infighting, all State general fund money was
withdrawn and a portion was placed with Federal funds,
requiring a difficult local match and the administration of a
single local jurisdiction.
7O
For the period beginning January 2004 and ending June 2004,
Roanoke City Council and the City Administration, at TAP's
request, agreed to take on the fiscal and program oversight
for the Virginia CARES network whose headquarters is based
in Roanoke, and, without the City's assistance, Virginia CARES
would most likely have folded.
Congressman Bob Goodlatte, assisted by former Congressman
Butler, used their connections to secure a $300,000.00
Federal earmark in 2003 and a $1,500,000.00 Federal
earmark in 2004 to continue all pre and post release
incarceration services to Virginia's ex offenders.
Mr. Edlich advised that in 2005, Virginia CARES will renew its fight to
reclaim general fund monies for this important public safety program, and it is
hoped that the City of Roanoke will consider making Virginia CARES and the
PAPIS Programs a part of the City of Roanoke's legislative agenda for the
upcoming legislative session.
Mr. Edlich recognized former Congressman M. Caldwell Butler, who was
in the audience, and formally expressed appreciation to Congressman
Goodlatte and former Congressman Butler for their support of Virginia CARES.
Members of Council commended Virginia CARES for the many
contributions that the organization has made to the Roanoke Community.
Without objection by Council, the Mayor advised that the remarks of
Mr. Edlich would be received and filed; and requested that Mr. Edlich provide
the appropriate information to the City Attorney for inclusion in the City of
Roanoke's proposed 2005 Legislative Program.
ANNUAL REPORTS-HOUSING/AUTHORITY: The following item was
sponsored by the City Manager.
Nancy Canova, Chair, Fair Housing Board, presented the 2004 Annual
Report of the Fair Housing Board. She advised that:
Ambitious plans for outreach and education were put on hold
for much of the year while the Fair Housing Board worked with
the City Attorney's Office to propose amendments to the City
Code reflecting updates to current Federal and State Fair
Housing regulations and revising the responsibilities of the
Board.
71
Adoption by Council of the amendments on March 1, 2004,
assured that all Federal and State protected classes are now
incorporated in the City Code and expanded responsibilities of
the Fair Housing Board, by emphasizing its role to provide
information to the public concerning Federal, State and City
fair housing laws.
In April, the Board published Fair Housing: What You Need to
Know for distribution to the public; the publication contains
information on Federal, State and local fair housing laws,
issues in mortgage lending and homeowners insurance, laws
affecting accessibility and the Virginia Residential Landlord
and Tenant Act.
The Board sponsored a workshop in April featuring a
representative from the Virginia Fair Housing Office and the
Bazelon Center for Mental Health Laws which was attended by
81 participants representing members of the Roanoke Valley
Apartment Association, Roanoke Redevelopment and Housing
Authority, Section 8 landlords, community agencies and
groups, banks, and realtors.
Ms. Canova further advised that the Fair Housing Board is committed to
moving forward this year, to building on the work that was done in the past
fiscal year, to collect data on any fair housing complaints in the City, to gain the
cooperation of community agencies and groups that serve persons in the
protected classes under the fair housing laws in order to receive data to guide
the Board in targeting its educational plan to meet local needs; and
collaboration may enable the Board to advise Council about the nature, causes
and possible solutions to fair housing issues. She stated that the Board plans
to sponsor a workshop on predatory lending which was delayed from the last
fiscal year.
There being no questions or comments by Council, the Mayor expressed
appreciation for the work of the Fair Housing Board and advised that the Annual
Report would be received and filed.
72
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-ROANOKE AREA MINISTRIES: The City Manager submitted a
communication advising that on May 12, 2003, Council approved the 2003-
2004 Community Development Block Grant program and on June 16, 2003,
Council appropriated funds, in the amount of $20,000.00, toward rehabilitation
of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S. W.;
on October 22, 2003, an agreement was entered into between the City of
Roanoke and Roanoke Area Ministries for said work; on May 13, 2004, Council
approved submission of the 2004-2005 Annual Update to the Consolidated
Plan to the U. S. Department of Housing and Urban Development (HUD); and on
June 21, 2004, Council accepted 2004-2005 CDBG funds and appropriated an
additional $80,000.00 of CDBG funds to Roanoke Area Ministries for the
completion of rehabilitation.
It was further advised that authorization by Council is needed in order to
amend the subgrant agreement with Roanoke Area Ministries to provide
additional funding in the amount of $80,000.00; and funding is available in
Account No. 035-G05-0520-5400.
The City Manager recommended that she be authorized to execute
Amendment No. 1 to the Subgrant Agreement between the City of Roanoke and
Roanoke Area Ministries, to be approved as to form by the City Attorney.
Vice-Mayor Fitzpatrick offered the following resolution:
(#36776-07:~904) A RESOLUTION authorizing the City Manager to
execute Amendment No. 1 to the Subgrant Agreement between the City and
Roanoke Area Ministries in order to provide additional Community Development
Block Grant (CDBG) funds for completion of rehabilitation of the Roanoke Area
Ministries facility, located a 824 Campbell Avenue, S. W.
(For full text of Resolution, see Resolution Book No. 68, Page 17.)
73
Mr. Fitzpatrick moved the adoption of Resolution No. 36776-071904.
The motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
COMMITTEES-ROANOKE INTERAGENCY COUNCIL: The City Manager
submitted a communication advising that Section 2.2-5204 of the Code of
Virginia (1950), as amended, requires that Council appoint a Community Policy
and Management Team (CPMT) to oversee Roanoke's efforts supporting the
Comprehensive Services Act for At-Risk Youth and Families; and Section 2.2-
5205 of the Code of Virginia (1950), as amended, states that membership of
the local CPMT shall include, at a minimum, the following individuals:
At least one elected official or appointed official, or his
designee, from the governing body;
· The local agency heads, or their designees, of the following
community agencies:
o Community Services Board
o Juvenile Court Services Unit
o Department of Health
o Department of Social Services and
o The local School Division.
It was further advised that the team shall also include a representative of
a private organization providing children's or family services and a parent
representative; and a locality may appoint other members to the team,
including, but not limited to, a local government official, a local law-
enforcement official and representatives of other public agencies; Council
previously adopted Resolution No. 31301-011193 establishing membership of
the Roanoke Interagency Council (RIC) as Roanoke's CPMT; and Council has
since reaffirmed, or amended, membership of the RIC on two additional
occasions, pursuant to Resolution No. 34775-050100 and Resolution No.
35101-101600.
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It was noted that the Roanoke Interagency Council has been engaged in a
study of local Comprehensive Services Act operations since March 2004, and
recently adopted a set of strategic objectives that will help to ensure that future
operations will be as cost-effective as possible; and for the objectives to be
realized, it is important that all involved community agencies work together
toward common goals and that the appropriate individuals be active members
of the Roanoke Interagency Council.
The City Manager recommended that Council adopt a resolution to
establishing membership of the Roanoke Interagency Council, as follows:
· A local Government Representative
· The agency head, or their designee, for the Community Services
Board
· The agency head, or their designee, for the Juvenile Court Services
Unit
· The agency head, or their designee, for the Roanoke Department of
Health
· The agency head, or their designee, for the Department of Social
Services
· The agency head, or their designee, for the Roanoke City Public
Schools
· A Private provider of Children's or Family Services
· A Representative from the Roanoke City Police Department
· A Parent Representative
The City Manager recommended that Council adopt a resolution
appointing the following persons to the Roanoke Interagency Council:
· Rolanda Russell, Assistant City Manager, City of Roanoke
· James Sikkema, Executive Director, Blue Ridge Behavioral
Healthcare
· Rodney Hubbard, Director, 23-A District Court Service Unit
· Jane Conlin, Director of Human Services/Social Services, City of
Roanoke
· Doris Ennis, Acting Superintendent, Roanoke City Public Schools
· Patty Tiller, District Nurse Manager, Alleghany/Roanoke City Health
Districts
· John Pendarvis, President and CEO, Family Service of Roanoke Valley
· Captain Rusty Ross, Roanoke City Police Department
75
It was advised that City staff is searching for a Parent Representative
candidate to serve on the Roanoke Interagency Council; and the resolution
designates the Director of Management and Budget, or his designee, to serve as
program expenditure monitor.
Mr. Fitzpatrick offered the following resolution:
(#36777-071904) A RESOLUTION re-establishing the membership of the
Roanoke Interagency Council.
(For full text of Resolution, see Resolution Book No. 68, Page 18.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36777-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-DISABILITY SERVICES BOARD: The City Manager submitted a
communication advising that the Fifth Planning District Commission Disability
Services Board (DSB) is responsible to local governments and serves as a critical
resource for needs assessment, information sharing and service opportunities
for citizens with disabilities, their families and the community; the following
jurisdictions in the Fifth Planning District have enacted resolutions establishing
participation in a regional effort and have appointed a local official to serve: the
Cities of Roanoke, Salem, and Covington; the Counties of Roanoke, Craig,
Botetourt, and Alleghany, and the Towns of Clifton Forge and Vinton; and other
members of the DSB include representatives from business and consumers.
It was further advised that Council authorized the Director of Finance to
serve as fiscal agent for the Fifth Planning District Disabilities Services Board on
September 25, 1995, pursuant to Resolution No. 32675-092595; and the State
Department of Rehabilitative Services has allocated funds in the amount of
$14,800.00 for a one-year period to continue local staff support of
administration of the Fifth District DSB.
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The City Manager recommended that she be authorized to enter into a
contract with existing DSB staff support to continue the provision of providing
local administrative support, and that Council authorize appropriation of
$14,800.00 to Grant Fund Account No. 035-630-5170-2010 and establish a
corresponding revenue estimate in an account to be established by the Director
of Finance to provide funding for the Fifth District DSB.
Mr. Dowe offered the following budget ordinance:
(#36778-071904) AN ORDINANCE to establish the Fifth District
Disabilities Services Board Grant, amending and reordaining certain sections of
the 2004-2005 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 20.)
Mr. Dowe moved the adoption of Ordinance No. 36778-071904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
Mr. Dowe offered the following resolution:
(#36779-071904) A RESOLUTION authorizing the City Manager to enter
into a contract with Fifth District Disability Services Board ("FDDSB") staff to
provide continuing local administrative staff support; upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 68, Page 21.)
Mr. Dowe moved the adoption of Resolution No. 36779-071904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniet, Wishneff, Cutler
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
77
SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: The City
Manager submitted a communication advising that a settlement with
Lumbermens Mutual Casualty Company, surety, has been reached for the
Trevino Drive Storm Drain Phase I Project; proceeds from the settlement, in the
amount of $25,000.00, need to be appropriated to the Trevino Drive Drainage
Phase I account in the Capital Projects Fund; and settlement money, in
conjunction with remaining project funds, which includes retainage the City will
keep as part of the settlement, will provide for all necessary repairs to complete
the Trevino Drive Storm Drain Phase I Project.
The City Manager recommended that Council appropriate $25,000.00 to
Account No. 008-530-9780-9003, Trevino Storm Drain Phase I, and establish a
revenue estimate in the same amount in the Capital Projects Fund.
Mr. Dowe offered the following budget ordinance:
(#36780-071904) AN ORDINANCE to appropriate third party funding for
the Trevino Drive Storm Drain Phase I Project, amending and reordaining
certain sections of the 2004-2005 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 22.)
Mr. Dowe moved the adoption of Ordinance No. 36780-071904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
BUDGET-ENTERPRISE ZONE: The City Manager submitted a
communication advising that on September 15, 2003, Council adopted
Resolution No. 36494-091503 authorizing the City Manager to apply to the
Department of Housing and Community Development for an Enterprise Zone
designation, since the designation the City had enjoyed since 1984 would
expire on December 31, 2003; and on June 21, 2004, the Commonwealth of
Virginia approved the City of Roanoke's application, thereby designating the
area of the City selected by the City as an Enterprise Zone, to be called
Enterprise Zone One A, effective retroactively to January 1, 2004.
78
It was further advised that a requirement of such Enterprise Zone
designation is that the City of Roanoke will offer certain local incentives; eight
local incentives were a part of the application previously approved by Council,
however, it will be necessary for Council to adopt ordinances implementing the
incentives; and local incentives consist of the following: (1) fa(;ade grants, (2)
partial real estate tax exemption for rehabilitated or renovated buildings (to be
effective July 19, 2004), (3) development fee rebates, (4) water, fire and sewer
hookup grants (this local incentive was changed from a rebate to a grant
through the IDA since the Western Virginia Water Authority will receive the
hookup fees), (5) new fire suppression system retrofit grants and fire hookup
grants, (6) neighborhood and parks grants,(7) business security grants, (8) and
job training grants.
The City Manager recommended that Council adopt two measures; i.e.:
one establishing local incentives and one adding a new City Code Division 5B to
Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of
the City of Roanoke (1979), as amended; authorize the City Manager to make
appropriate rules and regulations to implement local incentives for Enterprise
Zone One A; authorize the Director of Real Estate Valuation to adopt rules for
administration of new Division 5B; and appropriate funds in the amount of
$200,000.00 for fac;ade grants to Account No. 008-310-9736-9003 (Fa(;ade
Grants) and $100,000.00 for Fee Rebates and Other Incentives to Account No.
008-310-9738-9003 (Enterprise Zone Fee Rebates) from Capital Project
Interest Earnings (008-3325).
Mr. Fitzpatrick offered the following budget ordinance:
(#36781-071904) AN ORDINANCE to appropriate funding for the
Enterprise Zone One Project, amending and reordaining certain sections of the
2004-2005 Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 23.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36781-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
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Mr. Fitzpatrick offered the following ordinance:
(#36782-071904) AN ORDINANCE approving, adopting, and establishing
certain local incentives for the area designated as Enterprise Zone One A in the
City of Roanoke; 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 24.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36782-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
Mr. Fitzpatrick offered the following ordinance:
(#36783-071904) AN ORDINANCE amending and reordaining Article II, Real
Estate Taxes Generally, of Chapter 32 Taxation, of the Code of the City of Roanoke
(1979), as amended, by adding a new Division 5B, Exemption of Certain Rehabilitated
or Renovated Commercial, Mixed-Use Commercial with no more than 80% Residential,
or Industrial Real Property Located in Enterprise Zone One A, to provide for a certain
real estate tax exemption for substantial rehabilitation or renovation of existing
commercial, mixed use commercial with no more than 80% residential, or industrial
buildings at least 15 or more years old and located within Enterprise Zone One A under
certain terms and conditions; 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 30.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36783-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
8O
BUDGET-GRANTS: The City Manager submitted a communication advising
that notification has been received from the Commonwealth of Virginia
Commission for the Arts (Commission) that a $5,000.00 Local Government
Challenge Grant has been awarded to the City of Roanoke; and application for
the grant was made at the request of the Arts Council of Roanoke Valley, Mill
Mountain Theatre, Opera Roanoke, Roanoke Symphony Orchestra, and Young
Audiences of Virginia.
It was further advised that in order to receive funds, the Commission
must obtain written confirmation that local tax revenue dollars will be used to
match or exceed the amount of the grant; and for fiscal year 2004-2005, the
above listed organizations will receive local funding, as recommended by the
Roanoke Arts Commission and approved by Council on June 6, 2004, in the
following amounts:
· Arts Council of Blue Ridge $14,083.00
· Mill Mountain Theatre $11,792.00
· Opera Roanoke $ 8,167.00
· Roanoke Symphony Orchestra $27,800.00
· Young AudiencesofVirginia $ 4,167.00
Grant funds will be distributed to the five sponsoring agencies in the amount of
$1,000.00 each.
The City Manager recommended that she be authorized to execute the
required documents for acceptance of the grant, said documents to be
approved as to form by the City Attorney; and that Council appropriate
$5,000.00 in State grant funds and establish a corresponding revenue estimate
in accounts to be established by the Director of Finance in the Grant Fund
entitled, "Challenge Grant fiscal year 2005".
Mr. Cutler offered the following budget ordinance:
(#36784-071904) AN ORDINANCE to establish the Local Government
Challenge Grant, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 34.)
81
Mr. Cutler moved the adoption of Ordinance No. 36784-071904. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
Mr. Cutler offered the following resolution:
(#36785-071904) A RESOLUTION authorizing the acceptance of a Local
Government Challenge Grant, Number 05-0014, from the Virginia Commission
for the Arts.
(For full text of Resolution, see Resolution Book No. 68, Page 35.)
Mr. Cutler moved the adoption of Resolution No. 36785-071904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
POLICE DEPARTMENT-BUDGET-EMERGENCY SERVICES-GRANTS: The City
Manager submitted a communication advising that the Virginia Department of
Emergency Management has announced allocation of the 2004 U. S.
Department of Homeland Security (DHS), State Homeland Security Program
Grant; and the grant is designed to provide equipment, training, planning and
exercises for first responders to develop better preparedness to prevent,
respond and recover from potential acts of terrorism.
It was further advised that the City of Roanoke has been allocated a total
of $314,433.00 under the grant which is based upon a formula that provided
$15,000.00, plus $3.15 per capita to the locality; funds will be made available
upon review of the budget detail listing and approval by the Virginia
Department of Emergency Management; funding, which requires no local
match, must be used according to the requirements specified by the
Department of Homeland Security; the 2004 grant allows expenditure of grant
funds in four areas of need: equipment acquisition, training, planning, and
exercise; and equipment purchases must conform to the Office of Domestic
Preparedness Authorized Equipment List.
82
The City Manager recommended that she be authorized to execute, on
behalf of the City of Roanoke, any documentation required in connection with
obtaining and accepting the State Homeland Security Grant in the above
referenced amount, to provide any additional information and to take any
additional action that may be needed to implement and administer the grant
funds and agreements, such documents to be approved as to form by the City
Attorney; and that Council appropriate of $314,433.00 to an account in the
Grant Fund to be established by the Director of Finance and establish a revenue
estimate in the same amount.
Mr. Dowe offered the following budget ordinance:
(#36786-071904) AN ORDINANCE to establish the State Homeland
Security Grant, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 36.)
Mr. Dowe moved the adoption of Ordinance No. 36786-071904. The
motion was seconded by Mr. Cutler.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that it would
appear that the City of Roanoke has given in to terrorism on a local level by
closing access to the Mill Mountain Star at 11:00 p.m. He inquired if any of the
Homeland Security Grant funds could be used to address security measures in
the vicinity of the Star, thus allowing for access to the Mill Mountain Star for
longer periods of time, if not 24 hours a day.
Council Member Lea inquired as to whether there are training
opportunities for police officers as a result of the Homeland Security Grant;
whereupon, the City Manager advised that the City of Roanoke was the first
Police Department in the Commonwealth of Virginia and one of the first Police
Departments in the country after September 11 to initiate a Homeland Security
Program; and to that end, several of Roanoke's Police Officers have provided
training throughout the state and throughout the United States on Homeland
Security; and the City of Roanoke has received national recognition for its
Homeland Security training. She noted that $230,000.00 of the $314,000.00
allocation will be dedicated to the Fire Department for emergency response
equipment needs.
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Council Member Cutler requested that the City Manager describe existing
channels of communication between the City and the Department of Homeland
Security with regard to stepped up alerts, etc.
The City Manager responded that when the country was going through a
series of upgrades and downgrades of alerts, information was received
electronically as well as by telephone. She referred to the proposed upgrade of
the radio system interface throughout the Commonwealth of Virginia that will
link all emergency personnel; and locally, the City and the County have been on
the same radio frequency for a number of years, and was one of the first
regional activities that was undertaken in the public safety arena.
There being no further discussion, Ordinance No. 36786-071904 was
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
Mr. Fitzpatrick offered the following resolution:
(#36787-071904) A RESOLUTION authorizing the acceptance of the 2004
U. S. Department of Homeland Security Grant from the Virginia Department of
Emergency Management to obtain federal funds under the State Homeland
Security Grant Program administered by the Office of Domestic Preparedness
and authorizing the execution of any required documentation on behalf of the
City.
(For full text of Resolution, see Resolution Book No. 68, Page 37.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36787-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
84
POLICE DEPARTMENT-BUDGET-DONATIONS/CONTRIBUTIONS-CITY
SHERIFF: The City Manager submitted a communication advising that First
Team, Inc. d/b/a First Team Auto Mall of Roanoke wishes to donate the sum of
$11,732.00 to the City of Roanoke to be used for two years of lease payments
on a new 2004 Nissan Xterra D.A.R.E. vehicle for use by the Roanoke City
Sheriff's Office; the vehicle will enable deputies assigned to the D.A.R.E.
program to enhance their promotion of a drug and violence free environment,
through positive interactions with law enforcement officers; and the lease will
continue for two years.
It was further advised that City of Roanoke Fleet Management personnel
have agreed to the upkeep and maintenance of the vehicle; if accepted, the
D.A.R.E. vehicle will be equally displayed throughout the 21 elementary schools
within the City of Roanoke; and value of the lease donation exceeds $5,000.00,
which requires approval by Council to accept the donation.
The City Manager recommended that she be authorized to enter into a
lease agreement between Nissan Motor Acceptance Corporation, First Team
Auto Mall, and the City of Roanoke, to acquire a 2004 Nissan Xterra for the
Roanoke City Sheriff's Office D.A.R.E. program; and authorize the Director of
Finance to establish a revenue estimate, in the amount of $11,352.00, in the
Grant Fund and appropriate funds in the same amount to an expenditure
account.
Mr. Dowe offered the following budget ordinance:
(#36788-071904) AN ORDINANCE to appropriate funding for the lease
of a D.A.R.E. vehicle and establish a donation, 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 38.)
Mr. Dowe moved the adoption of Ordinance No. 36788-071904. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
85
Mr. Fitzpatrick offered the following resolution:
(#36789-071904) A RESOLUTION accepting the donation of $11,731.52
from First Team, Inc., to be used by the Roanoke City Sheriff's Office for the
lease payments of a new DARE vehicle, and expressing appreciation for such
donation.
(For full text of Resolution, see Resolution Book No. 68, Page 39.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36789-07].904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
ANIMALS/INSECTS-FIREARMS: The City Manager submitted a
communication advising that last winter, the City of Roanoke began a deer
management program in response to citizen concerns regarding deer
overpopulation; 109 deer were taken by City-employed sharpshooters over the
2003-2004 season; as a part of the deer management program, the City
supported an amendment to Section 29.1-529, Code of Virginia, to take deer
over bait under specific conditions approved by the Virginia Department of
Game and Inland Fisheries; the amendment provides that "the Director [of
Game and Inland Fisheries] or his designee may authorize, subject to the
provisions of this section, the killing of deer over bait within the political
boundaries of any city or town in the Commonwealth when requested by a
certified letter from the governing body of such locality"; and authorizing the
taking of deer over a baited area would allow the option of a sizeable herd
reduction.
The City Manager recommended that she be authorized to send, for and
on behalf of City Council, a certified letter to the Director of Game and Inland
Fisheries requesting that he authorize the killing of deer over bait in the City;
and that she be further authorized to execute a revised Memorandum of
Understanding with the Department of Game and Inland Fisheries to allow the
taking of deer over bait, such document to be approved as to form by the City
Attorney.
86
Mr. Cutler offered the following resolution:
(#36790-07:1904) A RESOLUTION authorizing the City Manager to send
for and on behalf of City Council a certified letter to the Director of Game and
Inland Fisheries requesting that he authorize the taking of deer within the City
of Roanoke over bait; and authorizing the City Manager to execute a revised
Memorandum of Understanding with the Department of Game and Inland
Fisheries to allow the taking of deer over bait as part of the City's Deer
Management Program.
(For full text of Resolution, see Resolution Book No. 68, Page 40.)
Mr. Cutler moved the adoption of Resolution No. 36790-071904. The
motion was seconded by Mr. Fitzpatrick.
Mr. William J. Bryant, 124 Fleming Avenue, N. W., advised that controlling
the deer population with hand guns or rifles could pose a dangerous threat to
persons living in the area and other animals. He stated that he is against the
killing of animals and the City of Roanoke should weigh all of the pros and cons
before engaging in a deer abatement program.
Upon execution of a Memorandum of Understanding with the Department
of Game and Inland Fisheries to allow the taking of deer over bait, the City
Manager was requested to review action that will then be taken by the City.
The City Manager responded that a request to allow the City to hunt deer
over bait was included in the City's 2004 Legislative Program that was
presented to the General Assembly. Under current legislation last year, she
stated that the City was unable to hunt deer with bait, yet a consultant
previously advised the City of Roanoke and other communities that the best
way to cause a significant reduction in the deer population would be to bait an
area, draw the deer into the area, and cause the reduction to occur in
significant ways; last year, using retired police officers, 109 deer were removed
which was a small number by comparison to the number that is problematic
within the community; and deer over population is an increasing problem in the
City of Roanoke. She stated that if Council approves the recommendation, it is
intended to contract with a consulting group in the fall of 2004 to address the
deer reduction program, which is the preferred method and is the method that
the Task Force supported. She advised that a group of individuals, including
some members from the prior deer management group, is reviewing other
wildlife in the City that are presenting problems; much of the wildlife coming
into the City is the result of development which is occurring in other areas; and
a one season culling of the deer population will not solve the problem, but it is
a problem that Council has indicated a desire to correct and the taking of deer
over bait is the best and most effective way to address the situation.
87
Council Member Wishneff advised that one of the issues on which he
campaigned was that he would vote against the killing of deer, because it is
cruel and unusual to bait and then kill deer.
Resolution No. 36790-071904 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel and Cutler---5.
NAYS: Council Member Wishneff and Mayor Harris .................. 2.
DIRECTOR OF FINANCE:
CITY TREASURER-CLERK OF COURTS-CITY SHERIFF-COMMONWEALTH'S
ATTORNEY: The Director of Finance submitted a written report advising that
Council adopted Ordinance No. 36313-051203 on May 12, 2003, establishing
salaries for the City's Constitutional Officers as of July 1, 2003; Constitutional
Officers include the Commonwealth's Attorney, Clerk of Circuit Court,
Commissioner of the Revenue, Sheriff, and Treasurer; the ordinance stated in
part, "It is the intent of Council that, in future years, the Constitutional Officers
will receive the average percentage increase approved by City Council for City
employees"; raises for Constitutional Officers were inadvertently omitted from
the annual pay plan ordinance adopted by Council on May 13, 2004; therefore,
action by Council is needed to formally adopt pay raises, effective July 1, 2004,
and in future years, pay raises for Constitutional Officers will be included in the
annual pay plan ordinance.
The Director of Finance recommended that Council adopt an ordinance
increasing the annual salary of the City's Constitutional Officers by 3.0
per cent, which is the average percentage increase approved by City Council for
City employees, effective July 1, 2004.
Mr. Cutler offered the following ordinance:
(#36791-071904) AN ORDINANCE establishing compensation for the
Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City
Sheriff, and City Treasurer, the City's Constitutional Officers, for the fiscal year
beginning July 1, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page
88
Mr. Cutler moved the adoption of Ordinance No. 36791-071904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS:
requesting the following
Council:
A report from the Roanoke City School Board
appropriations and transfers of funds was before
$490,000.00 for a three-classroom addition with a covered walk
and corridor extension at Crystal Spring Elementary School, which
project will be funded from the Board's construction contingency
fund.
$82,000.00 for the Comprehensive School Reform Title I-F Grant
program to provide for replication of successful intervention
programs from other school divisions at Huff Lane School; the
program will provide staffing for a MicroSociety program which
includes staff development and skills instruction for students; and
the continuing program is 100 per cent reimbursed by Federal
funds.
$82,000.00 for the Comprehensive School Reform Title I-F Grant
program to provide for replication of successful intervention
programs from other school divisions at Oakland School; the
program will provide staff development for teachers and math
skills instruction for students; and the continuing program is 100
per cent reimbursed by Federal funds.
$41,278.00 for the Learn and Serve program to provide hands-on
education and career development for students at William Fleming
and Taylor Learning Academy, which new program is 100 per cent
reimbursed by Federal funds.
89
The Director of Finance submitted a written report recommending that
Council concur in the request of the School Board.
Mr. Dowe offered the following budget ordinance:
(#36792-071904) AN ORDINANCE to appropriate funding for Crystal
Spring Elementary improvements, Learn and Serve program, and two grants,
amending and reordaining certain sections of the 2004-2005 School and
School Capital Projects Funds Appropriations and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 42.)
Mr. Dowe moved the adoption of Ordinance No. 36792-071904. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY CODE-BUDGET-COMMITTEES: Council Member Fitzpatrick offered
the following ordinance eliminating the Budget and Planning Committee:
(#36793-071904) AN ORDINANCE amending Chapter 2, Administration,
Article XlV, Boards, authorities, commissions and committees, Division 2,
Permanent committees, of the Code of the City of Roanoke (1979), as amended,
by repealing §2-29, Budget and planning committee, in order to eliminate this
committee created by and composed of the seven members of City Council; and
dispensing with the second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 44.)
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Mr. Fitzpatrick moved the adoption of Ordinance No. 36793-071904.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
CITY CODE-COMMITTEES-ROANOKE CIVIC CENTER: Council Member
Dowe offered the following ordinance eliminating Council liaison representation
on the Roanoke Civic Center Commission:
(#36794-071904) AN ORDINANCE amending Chapter 24, Public buildings
and property qenerall¥, Article II, Civic Center, Division 2, Civic Center
Commission, of the Code of the City of Roanoke (1979), as amended, by
repealing Section 24-45.1, Council member liaison, in order to eliminate the
requirement of a Council member liaison; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68, Page 45.)
Mr. Dowe moved the adoption of Ordinance No. 36794-071904. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
ACTS OF ACKNOWLEDGEMENT - VIRGINIA AMATEUR SPORTS/
COMMONWEALTH GAMES: Council Member Dowe commended staff and
volunteers of the 15'h Annual Virginia Commonwealth Games which were held in
the City of Roanoke on July 16 - 18, 2004.
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PARKS AND RECREATION: Council Member Dowe requested that the
matter of installing air conditioning in the gymnasium at Eureka Park Recreation
Center be referred to the City Manager for report to Council.
Without objection by Council, the Mayor advised that the matter would be
referred to the City Manager for report to Council.
BONDS/BOND ISSUES-LEGISLATION: Council Member Wishneff requested
that a letter from the City Attorney under date of July 2, 2004, with regard to
advisory referenda be referred to the Legislative Committee for discussion prior
to October 11, 2004, when the matter will be considered by the (Senate Local
Government Committee.)
Without objection by Council, the Mayor advised that the matter would be
referred to the Legislative Committee.
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.
STADIUM: Mr. William Bryant, 124 Fleming Avenue, N. E., spoke with
regard to preserving/renovating Victory Stadium as an historic landmark.
BUDGET-COMPLAINTS-STADIUM-CIVIC CENTER: Ms. Helen E. Davis, 35
Patton Avenue, N. E., advised that the work session which was held at :~2:00
noon regarding Victory Stadium should have been televised for viewing by the
general public on RVTV Channel 3. If the study by a proposed Council
appointed committee includes constructing a stadium/amphitheater at the
Orange Avenue/Williamson Road site, she asked that citizens of Gainsboro and
Lincoln Terrace be taken into consideration inasmuch as the area currently
bears the burden of noise, traffic and littering from events at the Roanoke Civic
Center.
STADIUM-CIVIC CENTER-YOUTH: Mr. E. Duane Howard, 508 Walnut
Avenue, S. W., commended Council on the Victory Stadium workshop which was
held at 12:00 noon, and asked that any future studies include activities for
youth such as gravity sports and their economic impact on the Roanoke Valley.
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STADIUM: Ms. Pat Lawson, 1618 Riverside Terrace, S. E., spoke in support
of preserving Victory Stadium for its historic value.
STADIUM-HOUSING/AUTHORITY-CITY EMPLOYEES: Mr. Robert Gravely,
729 Loudon Avenue, N. W., spoke with regard to the need for more affordable
housing in the City of Roanoke, improved wages for City employees, the need
to market Victory Stadium, and infrastructure improvements in the inner City.
CITY MANAGER COMMENTS:
SCHOOLS: The City Manager advised that she spoke at the 20th William
Fleming High School Reunion on Saturday, July 17, 2004, which was attended
by approximately 150 graduates, many of whom no longer reside in the City of
Roanoke. She stated that the persons who were in attendance are the kinds of
people that Roanoker's would like to welcome back to the City.
ACTS OF ACKNOWLEDGEMENT-ECONOMIC DEVELOPMENT: The City
Manager advised that the Roanoke Valley Economic Development Partnership
and the Roanoke City and Roanoke County Economic Development
Departments received National Accreditation from the International Economic
Development Council at a ceremony which was held on Monday, July 19, 2004,
at The Jefferson Center. She stated that it was a significant occasion inasmuch
as the City of Roanoke, Roanoke County and the Economic Development
Partnership are the first city, county and regional organization in the nation to
receive this distinction.
At 3:30 p.m., the Mayor declared the Council meeting in recess for four
Closed Sessions.
At 4:40 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Ms. McDaniel and adopted by the
following vote:
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AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
OATHS OF OFFICE-COMMI-I-rEES-COURT COMMUNITY CORRECTIONS
BOARD-ROANOKE NEIGHBORHOOD PARTNERSHIP-VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM-FLOOD REDUCTION/CONTROL: The Mayor advised of the
following expirations of terms of office on June 30, 2004:
Court Community Corrections
Program Regional Community
Criminal Justice Board
A. L. Gaskins,
George A. McMillan
William H. Cleaveland
(reappointment will be for terms
ending June 30, 2007)
Roanoke Neighborhood
Advocates
Richard J. Nichols
(reappointment will be for a
term ending June 30, 2007)
Regional Virginia Alcohol
Safety Action Program Policy
Board
A. L. Gaskins
(reappointment will be for a term
ending June 30, 2006)
Flood Plain Committee
E. L. Noell
(reappointment will be for a term
ending June 30, 2005)
Inasmuch as Mr. Cleaveland is not a resident of the City of Roanoke. Mr.
Fitzpatrick moved that the City residency requirement be waived in this
instance. The motion was seconded by Mr. Dowe and unanimously adopted.
Mr. Fitzpatrick placed in nomination the names of the above named
persons.
There being no further nominations, the above named persons were
reappointed to their respective committees for terms as above indicated by the
following vote:
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FOR MESSRS. GASKINS, McMILLIAN, CLEAVELAND, NICHOLS, AND NOELL:
Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayor
Harris ............................................................ 7.
OATHS OF OFFICE-FIFTH PLANNING DISTRICT COMMISSION-
COMMITTEES: The Mayor advised that there is a vacancy on the Roanoke Valley
Allegheny Regional Commission to fill the unexpired term of R. Brian
Townsend, resigned, ending June 30, 2006; whereupon, he opened the floor for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of William D. Bestpitch.
There being no further nominations, Mr. Bestpitch was appointed as a
member of the Roanoke Valley Allegheny Regional Commission, to fill the
unexpired term of R. Brian Townsend, resigned, ending June 30, 2006, by the
following vote:
FOR MR. BESTPITCH: Council Members Dowe, Fitzpatrick, Lea, McDaniel,
Wishneff, Cutler and Mayor Harris ..................................... 7.
OATHS OF OFFICE-COMMITTEES-METROPOLITAN TRANSPORTATION
DISTRICT: The Mayor advised that there is a vacancy on the Roanoke Valley Area
Metropolitan Planning Organization to fill the unexpired term of William D.
Bestpitch, ending June 30, 2005; whereupon, he opened the floor for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of M. Rupert Cutler.
There being no further nominations, Mr. Cutler was appointed as a
member of the Roanoke Valley Area Metropolitan Planning Organization, to fill
the unexpired term of William D. Bestpitch, resigned, ending June 30, 2005, by
the following vote:
FOR MR. CUTLER: Council Members Dowe, Fitzpatrick, Lea, McDaniel,
Wishneff, Cutler and Mayor Harris ..................................... 7.
At 4:45 p.m., the Mayor declared the Council meeting in recess until
7:00 p.m., in the City Council Chamber.
95
At 7:00 p.m., on Monday, July 19, 2004, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C. Nelson
Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly
T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, and
Mayor C. Nelson Harris .............................................. 7.
ABSENT: ..................................................... 0.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
ROANOKE CIVIC CENTER-LEASES-TELEPHONE EQUIPMENT: Pursuant to
instruction by the Council, the City Clerk having advertised a public hearing for
Monday, July 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard in the City Council Chamber, with regard to a proposed lease of a portion
of City-owned property located at the Roanoke Civic Center to Triton PCS, Inc.,
d/b/a SunCom, for construction and operation of a 110-foot flagpole
communication facility and related equipment, the matter was before the body.
The Mayor advised of a request of G. Michael Pace, Jr., Attorney, to
withdraw the matter; whereupon, without objection by Council, it was so
ordered.
96
ZONING: Pursuant to Resolution No. 25523 adopted by Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, July 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a request of the City of Roanoke to rezone a certain tract of land
located at 2:102 Grandin Road, S. W., Official Tax No. 1460:10:1, from RS-:1,
Residential Single-Family District, to INPUD, Institutional Planned Unit
Development District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rnes on Friday, July 2, 2004, and Friday, July 9, 2004.
The City Planning Commission submitted a written report advising that
the petitioner requests the rezoning of the 96.33 acre parcel of land from RS-l,
Single-Family Residential, to INPUD, Institutional Planned Unit Development
District, in order to construct one, three-story, 330,000 square foot building to
replace the current 1:1-building campus configuration; the parcel of land will
contain the high school building, Gibboney Hall (the one building to remain
from the current Patrick Henry High School), the Governor's School, the Raleigh
Court Library, the Raleigh Court Elementary School, and associated open space
and recreational functions; and the petition to rezone was filed on May 6, 2004,
and a First Amended Petition was filed on June 7, 2004.
It was explained that the proposed development is an effective
reutilization of the existing site; the development plan details an increase in the
amount of open space and decreases the amount of impervious surface area by
7.7 per cent for the site; and a centralized building approach, as opposed to
the current sprawling multi-building configuration, provides an enhanced
orientation to Grandin Road and reclaims more area for recreational and open
space purposes.
The City Planning Commission recommended that Council approve the
request for rezoning, given the proposed reuse of the existing site and its
consistency with Vision 2001-2020.
Mr. Dowe offered the following ordinance:
(#36795-071904) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (:1979), as amended, and Sheet No. 146, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68, Page 46.) --
97
Mr. Dowe moved the adoption of Ordinance No. 36795-071904. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter.
Richard A. Rife, Managing Partner, Rife and Wood, Architects,
representing the City of Roanoke and the Roanoke City School Board, spoke in
support of the request to rezone 96+ acres of land known as Shrine Hill Park
which is the site of Patrick Henry High School, the Raleigh Court Branch Library,
the Governor's School, and Raleigh Court Elementary School to allow for
reconstruction of Patrick Henry High School. Working from schematic
drawings, he reviewed building plans and advised that construction has begun
and should be complete for occupancy in December, 2005.
Mr. Rife was requested to address landscaping; whereupon, he advised
that the proffered site plan includes eight foot wide planting islands so that
every row of parking will have a continuous row of trees in between and more
trees will be planted on the site than currently exist.
Mr. Rife was also requested to address security features of the new
building plan; whereupon, he advised that the front door faces Grandin Road
and visitor's parking leads to the front door; a reception desk will be located
inside the front door that will be staffed at all times and a second control point
will be near the principal's office, with the goal of controlling access into the
building at two points where ingress and egress can be monitored; an
electronic locking system will be installed on all exterior doors similar to what
might be found in an office building or a hotel; faculty members and staff will
be issued magnetic cards and all cards will be coded so as to identify persons
coming in and out of the building at any given time of day; if a door is propped
open, an alarm will sound in the security office; an extensive camera security
system with motion detectors which are tied into an intrusion detection system
will be installed; and metal detectors are not planned at this time, although
building design plans allow for installation in the future, if necessary.
There being no other persons who wished to be heard, the Mayor
declared the public hearing closed.
98
There being no further discussion or comments by Council Members,
Ordinance No. 36795-071904 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
TAXES-REAL ESTATE VALUATION: Pursuant to instructions by Council, the
City Clerk having advertised a public hearing for Monday, July 19, 2004, at 7:00
p.m., or as soon thereafter as the matter may be heard, on a request of the
League of Older Americans, Inc., for exemption from local real estate taxation
of real property located at 706 Campbell Avenue, S. W., the matter was before
the body.
Legal advertisement of the public hearing was published in The
T/rne$ on Friday, July 9, 2004.
The City Manager submitted a communication advising that the League of
Older Americans, Inc., which transacts business as LOA Area Agency on Aging,
owns the property known as Tax Map Nos. 1113202 and 1113201, located at
706 Campbell Avenue, S. W.; and the primary purpose of the LOA is to provide
services for the elderly, including Meals on Wheels, congregate meals,
transportation, case management, ombudsman, Title V employment
opportunities, foster grandparents and senior companions to persons in need;
and annual taxes due for fiscal year 2004-2005 on the two parcels of land are
$964.37 on an assessed value of $79,700.00.
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 of Roanoke
pursuant to Resolution No. 36331-051903, adopting the revised Process for
Determination of Property Tax Exemption dated May 19, 2003, effective
January 1, 2003; and the League of Older Americans, Inc., has provided the
necessary information required as a result of adjustments made to the revised
local policy prior to the deadline of October 15, 2004, which is the deadline for
applications for exemptions that would take effect on January 1, 2005.
99
The City Manager stated that according to the Commissioner of the
Revenue's Office, the loss of revenue to the City will be $771.50 after a 20
per cent service charge is levied by the City in lieu of real estate taxes, which
service charge will be $192.87; the Commissioner of the Revenue has
determined that the organization is currently not exempt from paying real
estate taxes on the property known as Tax Map Nos. 1113202 and 1113201 by
classification or designation under the Code of Virginia; and the IRS recognizes
the LOA as a 501(c) 3 tax-exempt organization.
The City Manager recommended that Council authorize the League of
Older Americans, Inc. (LOA) exemption from real estate property taxation,
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective
January 1, 2005, for property known as Tax Map Nos. 1113202 and 1113201,
located at 706 Campbell Avenue, S. W., if the organization agrees to pay the
subject service charge by that date.
Mr. Cutler offered the following ordinance:
(#36796-071904) AN ORDINANCE exempting from real estate taxation
certain property of the League of Older Americans, Inc., 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 48.)
Mr. Cutler moved the adoption of Ordinance No. 36796-071904. The
motion was seconded by Mr. Fitzpatrick.
Susan B. Williams, representing the League of Older Americans, Inc.,
appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36796-071904 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
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COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Monday, July :19, 2004, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on amendment of Vision 2001-2020,
the City's Comprehensive Plan, to include the Riverland/Walnut Hill
Neighborhood Plan, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 2, 2004 and Friday, July 9, 2004.
The City Planning Commission submitted a written report advising that
the Riverland/Walnut Hill neighborhood plan covers a small area directly south
of downtown Roanoke defined by the Roanoke River to the north and Mill
Mountain to the south; staff facilitated three public workshops with residents
and business owners in the fall of 2003 and in the spring of 2004; and based
on input from the public workshops, the neighborhood plan designates six
priority initiatives for the neighborhood:
Traffic calming
Housing maintenance and upkeep
Encouraging a vibrant village center
Minimizing flooding damage
Enhancing the Walnut Avenue Gateway
Protecting the Roanoke River and Mill Mountain
The document is organized into six plan elements. The following
represents policies selected from each plan element section set forth
to address the neighborhood's priority initiatives:
Residential Development
Zoning patterns will support housing revitalization and desired
future residential land use patterns and encourage the
preservation of single-family housing.
Community Design
Develop site specific plans for the Walnut Avenue gateway,
neighborhood village center, and other major streets discussed
in the plan.
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Economic Development
Encourage a vibrant village center in terms of appropriate form,
scale, and activity; map zoning patterns to allow medium-
density residential development in and around the village
center.
Infrastructure
Support efforts to reduce flooding and potential damage to
personal property.
Public Services
Aggressively enforce housing maintenance codes and use
public nuisance abatement ordinances to compel compliance;
and encourage citizen participation in the identification of code
violations.
Quality of Life
Increase recreational usage of the area along the Roanoke River
by completing the Roanoke River Greenway as part of the
Roanoke River Flood Reduction Project; and the goal is to
provide a formal path for exercising and enjoying the riverfront.
The City Planning Commission recommended that Council adopt the
Riverland/Walnut Hill Neighborhood Plan as a component of Vision 2001-2020.
Mr. Fitzpatrick offered the following ordinance:
(#36797-071904) AN ORDINANCE approving the Riverland/Walnut Hills
Neighborhood Plan, and amending Vision 200! - 2020, the City's
Comprehensive Plan, to include the Riverland/Walnut Hills Neighborhood Plan;
and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 68, Page 50.)
102
Mr. Fitzpatrick moved the adoption of Ordinance No. 36797-071904.
The motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
Council Member Cutler called attention to a high volume of traffic on
Laurel Avenue which was not designed to handle heavy traffic, and inquired as
to how motorists might be encouraged to use an alternate route; whereupon,
Mr. Townsend advised that a study is needed to determine if other traffic
patterns could be enhanced.
Council Member Cutler called attention to new infill housing construction
along Riverland Road and inquired as to ways to control infill housing;
whereupon, Mr. Townsend advised that infill housing can be controlled through
the historic district route, or neighborhood design district overlay regulations;
and neighborhood design districts will be applied as a part of the new zoning
ordinance update and the Riverland Road neighborhood will be evaluated
accordingly.
Dr. Cutler advised that he has been a long time advocate of a park along
the entire length of the Roanoke River within the City of Roanoke from the City
of Salem to the Town of Vinton; parks exist along the Roanoke River in the City
including Piedmont Park, but there are numerous stretches of the Roanoke
River that are without any kind of park or protected zoning and were negatively
affected when interceptor sewers were constructed, trees were cut, and rip rap
was installed. He further advised that the Plan offers an opportunity to
consider identification of a Roanoke River Parkway from one side of the City to
the other that would provide policy direction for those entities that are
associated with the flood control project, utility construction, etc. He stated
that the area along the banks of the Roanoke River through the City of Roanoke
should be regarded as a recreational, conservation and tourist economic
development opportunity, and should be treated accordingly. Therefore, he
inquired if language could be included in the Plan to clarify that the Roanoke
River area is considered to be a special zone.
Mr. Townsend responded that the last page of the future land use plan
identifies the entire length of the Roanoke River as being recreation open
space; the proposed new zoning ordinance includes two tools that are intended
toward that end: i.e.: first is a river and creek overlay that would be applied to
any land that abuts the Roanoke River and its tributaries, which provide
limitations on land disturbing activities in the first 50 feet of the buffered areas,
and the second is use of the recreation open space zoning district which would
apply to all publicly owned lands adjacent to the Roanoke River. He stated that
103
one of the issues to be looked at with adoption of the creek and river overlay
district is the need to some degree to exempt public infrastructure projects
from land disturbing prohibitions, which in most cases are by necessity.
Council Member Cutler called on the City Manager for a response in
regard to designating a linear park along the length of the Roanoke River within
the City of Roanoke as it relates to existing publicly owned land; whereupon,
the City Manager advised that the suggestion could be reviewed by City staff
because more information is needed in regard to what portion of the land is
owned by the City and what portion is held in private ownership. She stated
that she would be willing to invest staff time in reviewing how much property is
owned by the City along the Roanoke River, where gaps in ownership occur,
and bring the matter back to the Council for policy direction.
Council Member Dowe advised that several months ago, he participated
in an aerial tour of the City in order to view the Roanoke River. He called
attention to the need to make the Roanoke River look "different" while the City
engages in discussions with Carillon Medical Center regarding the bio medical
park, and suggested that the idea be kept in mind for future planning
purposes.
There being no other persons who wished to be heard, the Mayor
declared the public hearing closed.
There being no further discussion or comments by Council Members,
Ordinance No. 36797-071904 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A petition filed by Stephanie Brown,
representing Southern Property Investments, Inc., appealing a decision of the
Architectural Review Board, which was rendered on May 13, 2004, that no
Certificate of Appropriateness be issued with regard to property located at
422/424 Woods Avenue, S. W., for the installation of vinyl siding, was before
Council.
104
MS.
Brown advised that:
On Monday, March 22, 2004, her contractor began to apply vinyl
siding to the house at 422 Woods Avenue, S. W., and no building
permit was required.
On Friday, March 26, 2004, City staff posted a stop work notice on
the house, pursuant to Section 36.1-345 of the zoning ordinance.
She immediately contacted the Agent to the Architectural Review
Board and was informed that vinyl siding is no longer allowed in the
historic neighborhood.
She was provided with literature on the City's rules and regulations
which state that vinyl siding is permitted.
Upon researching the City's website, she was unable to find
information that her property is located in an H-2 District and that
the neighborhood is held to stricter zoning regulations than the
remainder of the City.
She was informed by the Agent to the Architectural Review Board
that the Board approves vinyl siding only in the most severe cases;
however, the house at 412 Woods Avenue, which is two doors down
from her house, was granted a Certificate of Appropriateness.
On May 13, 2004, she presented a proposal to the Architectural
Review Board to use Dutch lap wood grain siding that matched the
design of the wood siding currently on the house and advised the
Board that there were no plans to cover the front porch, front
windows and shutters of the house which would be painted to
complement the vinyl siding being applied.
The Architectural Review Board has expressed concern with regard
to the street scape of the neighborhood; however, a wide range of
building materials have been and are currently being used; i.e.:
brick, wood, vinyl siding, asbestos, concrete block and stucco; and
there are 15 houses on her block, ten of which are covered in vinyl
siding.
105
She received no public notice prior to a postcard from the City dated
April 20, 2004, which was ten days after her application.
She was declined a Certificate of Appropriateness because the
Architectural Review Board no longer accepts vinyl siding; nothing
exists in writing that vinyl siding is no longer permitted, therefore,
how can she, legally, be denied the right to install vinyl siding on the
house.
Robert N. Richert, Chair, Architectural Review Board, advised that:
In April 2004, a citizen advised staff that vinyl siding was being
applied to the house at 422 Woods Avenue, S. W., which is within the
H-2, Neighborhood Preservation District.
The Agent to the Architectural Review Board (ARB) followed up on
the complaint and met with Ms. Brown to discuss the project and to
arrange for the required design review.
Ongoing work on the house was stopped pending review by the
Architectural Review Board.
The two-story frame house was built in 1920 and remains in good
condition.
Staff advised Ms. Brown that replacement of siding required a
Certificate of Appropriateness issued by the ARB and Ms Brown
indicated that she was unaware that a Certificate of Appropriateness
was required for vinyl siding.
Ms. Brown filed an application for a Certificate of Appropriateness
which was considered by the ARB on May 13, 2004, at which time
she stated that she did not want to paint the house and that vinyl
siding was more economically viable on an investment property.
ARB members expressed concern that the architectural details of the
house had been lost as a result of the addition of vinyl siding to the
soffits and window details, and the Board further advised that it was
trying to protect the streetscapes of the neighborhood; wood siding
is a character-defining feature of the house, which contributes to
the streetscape of the neighborhood; and Ms. Brown stated that she
was willing to remove the vinyl from the soffits and windows as long
as she could use the vinyl siding on the house.
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Mr. Richert further advised that considerations by the Architectural
Review Board include:
Section 36.1-345(a) of the Zoning Ordinance provides:
"In order to encourage the preservation and enhancement of the district
and encourage rehabilitation and new construction in conformance with
the existing scale and character of the district, the architectural review
board shall review and approve the erection of new buildings or
structures, including signs, the demolition, moving, reconstruction,
alteration or restoration, of existing structures and buildings, including
the installation or replacement of siding, or reduction in the floor area,
including the enclosure or removal of a porch. No such erection,
demolition, moving, reconstruction, alteration, restoration, or
enlargement or reduction of a structure, or building, shall be undertaken
without the issuance of a certificate of appropriateness by the board,
unless otherwise specified herein."
The H-2 Architectural Design Guidelines adopted by the ARB and
endorsed by Council state that historic wood siding is a distinctive
feature of many Roanoke residences and that changing or covering
siding can often alter or destroy the authentic character of a
building.
The guidelines also state that the application of synthetic siding is
inappropriate because it can trap moisture and hide damage that
needs to be repaired; and it is applicable only in the most severe
cases where the Board finds it necessary to save a building.
The guidelines further recommend the following be considered for
synthetic siding:
-Do not replace sound historic siding with new materials to achieve an "improved" appearance.
-Historic wood siding is a distinctive feature that helps to define the
visual characteristics of a building
-Both new and historic siding requires periodic maintenance to give
a building proper weather protection
-Match the historic material in dimension, profile, texture, and
reliefs
-Retain existing siding: identify and keep the original exterior siding
materials as well as any unique siding
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There have been two previous appeals to Council related to vinyl
siding; in June 2003, Dana Walker, representing Hall & Associates,
appealed the Board's decision to deny his application of vinyl siding
at 702 Marshall Avenue, S. W., and Council unanimously upheld the
Board's decision.
In September, 2003, Lewis Burger appeared before the Board to
obtain a Certificate of Appropriateness for the installation of vinyl
siding that he had applied to his rental property at 802-804
Marshall Avenue, S. W., the Board denied his application and in
December, 2003, Council upheld the Board's decision to deny the
application.
Since January 2001, the Architectural Review Board has approved
four applications for vinyl siding; and with these projects, the
applicants provided sufficient detail and proposed to apply the
materials in a manner that preserved the character-defining features
of the house.
Mr. Richert stated that the Architectural Review Board recommends that
Council affirm its decision to deny the issuance of a Certificate of
Appropriateness.
Mr. Kevin Earl, 529 Day Avenue, S. W., requested that Council reaffirm the
decision of the Architectural Review Board to protect the historic character of
the neighborhood and to provide consistency in the manner in which rules and
regulations are enforced. He stated that while he is sensitive to the cost and
labor intensity that is involved in maintaining an older home, all persons living
in Old Southwest made a choice to live in a historic neighborhood and to
maintain a historic home, therefore, it is their responsibility to maintain the
home in an appropriate manner that will not conflict with the mission of the
City and the historic neighborhood of Old Southwest.
Jackie Cannaday, 424 Washington Avenue, S. W., President, Old
Southwest, Inc., spoke in opposition to the installation of vinyl siding on the
house at 422 Woods Avenue, S. W., for the following reasons: there is nothing
wrong with the house, other than the need for periodic painting; vinyl siding
distorts the character of the house by hiding clapboarding and other decorative
trims; and the house is located in one of Roanoke's historic districts. She stated
that the preservation community strongly objects to the use of vinyl siding in
historic districts; and it is the responsibility of Council to decide the caliber of
the historic districts that will be passed on to future generations.
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Bruce Munsey, 523 Woods Avenue, S. W., past President, Old Southwest,
Inc., requested that Council reaffirm the decision of the Architectural Review
Board. He stated that people living in the H-2 District should be held
accountable for improvements to their property that support the H-2
guidelines.
Ms. Peggy Overton, 547 Mountain Avenue, S. W., advised that she has
lived in the Old Southwest neighborhood for approximately 50 years at
locations ranging from Day Avenue to Woods Avenue, and people living in Old
Southwest should be more concerned about drug trafficking and prostitution,
etc., rather than how their neighbors repair older homes in the area.
Mr. Wes Dearing, 2512 Jefferson Street, owner of property located in the
400 block of Woods Avenue, S. W., spoke on behalf of the request of
Ms. Brown. He advised that Ms. Brown was not provided with the appropriate
information by the City that vinyl siding is not a permitted use and no building
permit is required for the installation of siding. He stated that considering the
amount of money that Ms. Brown has already invested in the house, she should
be allowed to complete the installation of vinyl siding.
Mr. Jim Hanes, 526 Marshall Avenue, S. W., advised that he has renovated
five houses in the Old Southwest neighborhood and spoke against the
installation of vinyl siding on older historic homes. He called attention to
structural problems that can be caused by vinyl siding; the house in question
could have been painted for approximately $15,000.00; Ms. Brown is caught in
a position where times are changing and Council should say no to vinyl siding
and seek changes to State statutes, if necessary, so as to enforce the City's
position. He requested that Council reaffirm the decision of the Architectural
Review Board to deny a Certificate of Appropriateness.
Council Member Dowe inquired about the City's efforts to inform
property owners that they live in an historic neighborhood and that certain
guidelines are applicable to the historic districts; whereupon, Mr. Richert
advised that postcards were mailed in April to Old Southwest property owners;
staff has reviewed the feasibility of including sign-off sheets at real estate
closings; it would be helpful if the H-2 classification were listed on the GIS web
site; signs are currently posted on Old Southwest streets that the area is an
historic district; information is included in the neighborhood newsletter;
postings are included on message boards in Highland Park; Old Southwest
Parlor Tours are conducted each year to encourage people to visit the
neighborhood; special sessions have been held with realtors to heighten their
awareness of the historic district and applicable restrictions; and, when
requested, staff of the Building and Community Planning Department review
guidelines with property owners.
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The City Manager called attention to plans by the Director of Real Estate
Valuation to provide information to new property owners with regard to the
historic districts at the time of property transfer; and she will confer with the
City Attorney on ways, if any, to legislate a building permit for roof, windows
and siding replacement/installation.
Council Member Wishneff expressed concern that information
disseminated by the City was not updated; whereupon, he read the following
from a pamphlet presented by Ms. Brown: "While vinyl siding is discouraged in
the district because it is not an historic material, it is permitted." He noted that
further applications for vinyl siding have been approved since 2OO! when they
were done in such a way that preserved the character defining features of the
house; whereupon, he inquired if that is a standard that Ms. Brown is willing to
meet.
Mr. Townsend clarified that in 2003, amendments were made to the
guidelines related to vinyl siding, and there was no prohibition against vinyl
siding, but guidelines were clarified to state that a Certificate of
Appropriateness is necessary. He stated that the pamphlet referred to by
Council Member Wishneff is a previous version of the document that Ms. Brown
obtained after the fact and she did not obtain the pamphlet prior to the time
that she initiated the work. He added that the pamphlet has been updated and
states that a Certificate of Appropriateness is required, although it does not
state that vinyl siding is prohibited, but is allowable by Certificate of
Appropriateness, subject to consideration by the Architectural Review Board
and that the architectural defining features of the structure are maintained.
There was discussion between Council Member Wishneff and Mr.
Townsend regarding a statement made by Ms. Brown that she is willing to do
whatever is necessary to meet the architectural defining features of the house,
and whether or not the Architectural Review Board afforded her the opportunity
to do so. Mr. Townsend responded that Ms. Brown stated at the ARB meeting
that she was open for compromise and was willing to remove the vinyl siding
from the eaves and from the windows and paint the house; however, it is the
purview of the Architectural Review Board to determine whether such is
sufficient to maintain the historical characteristics of the house, and, following
discussion, the Architectural Review Board was still of the opinion that what Ms.
Brown proposed to do was not sufficient to meet the Board's satisfaction.
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Council Member Lea advised that he was impressed by Ms. Brown's
forthrightness and attitude, and although he has a great deal of respect for the
historical integrity of the Old Southwest neighborhood, he also has a concern
for business people in the community.
Council Member Cutler inquired if more complete information could be
provided to residents of the historic district, in lieu of a postcard which could
incorporate more complete information on the goals of Old Southwest and
guidelines that apply to the historic districts.
Mr. Townsend responded that the postcard, which is mailed to property
owners in the H-1 and H-2 Districts, is intended to be a reminder that they
should contact Planning, Building and Code Enforcement prior to proceeding
with any exterior improvements to their property. He stated that part of the
problem is that property in Old Southwest continues to change ownership and
persons purchase property in the area who reside in other localities. He
mentioned the possibility of including information regarding Old Southwest and
the historic guidelines in the Welcome to Roanoke program that was recently
initiated by the City.
Based upon evidence, testimony and documents, Mr. Cutler moved that
Council affirm the decision of the City of Roanoke Architectural Review Board,
which was rendered on May 13, 2004, that no Certificate of Appropriateness be
issued for the installation of vinyl siding at 422/424 Woods Avenue, S. W., 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.
Council Member McDaniel advised that she is sympathetic to Ms. Brown's
situation; however, she is sensitive to and appreciative of the efforts of
residents of Old Southwest and the battles they have fought for many years and
continue to fight to protect the integrity of their neighborhood. She suggested
that the City's postcard be mailed to property owners at the beginning of the
calendar year, as opposed to during the month of April, before property owners
begin to engage in spring improvement projects.
Vice-Mayor Fitzpatrick referred to the previous remarks of Ms. Peggy
Overton with regard to alleged drug trafficking and prostitution, etc., in the Old
Southwest neighborhood, and asked that the matter be referred to the City
Manager for investigation. He requested that the City Manager identify a better
means of informing residents of Old Southwest of their responsibilities as
property owners, as well as the City's responsibilities. He suggested that Old
Southwest, Inc., consider locating kiosks at key locations in Old Southwest
which will include information on guidelines relating to the historic district.
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Ms. Brown expressed confusion that if the City does not want vinyl siding
in the historic neighborhoods, why is vinyl siding still offered for a Certificate of
Appropriateness by the Architectural Review Board.
As a matter of procedure, Mr. Townsend clarified that the change that
was made in September, 2003 was intended to clarify that a Certificate of
Appropriateness is necessary if vinyl siding is to be approved by the
Architectural Review Board; guidelines identify synthetic sidings, but do not use
the term vinyl per say; it is under the purview of the Architectural Review Board
to determine whether or not the application maintains the historic character of
the architecture, so while it is indicated in the guidelines that vinyl siding is not
encouraged, it is not prohibited, and the Board has set high standards in terms
of when vinyl siding would be appropriate based on conditions of the existing
siding and based on how the applicant proposes to install the siding over
existing material.
There was discussion as to whether or not any further review or
concession(s) by Ms. Brown might resolve the issue; whereupon, Mr. Richert
presented an overview of the process to obtain a Certificate of Appropriateness
which involves meeting with ARB staff and a Design Review Committee prior to
the regular Architectural Review Board meeting to discuss the petition, and
advised that frequently Board members will meet with a petitioner in an effort
to address the request based on their individual experiences. With reference to
the application of vinyl cladding, he stated that State law does not allow the
prohibition of specific materials; the Architectural Review Board has raised the
bar in this regard and requires information on the current condition of the
house, and guidelines are clear and have always been clear that siding is not a
viable option if maintenance is the issue. He further stated that the
Architectural Review Board is reluctant to spend time "designing" people out of
a problem that they created for themselves when they proceed without
consideration and procedural approval.
Council Member Wishneff advised that when the City Manager submits
the housing plan later this year, it is hoped that bold steps will be included to
"jump start" areas like Old Southwest. He expressed concern that Ms. Brown
was caught up in an evolving situation and it is hoped, through further
clarification, that property owners in Old Southwest will have a clearer
understanding of the guidelines applicable to the historic districts so that these
types of situations will not continue to occur in the future.
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The Mayor advised that the Old Southwest historic district is not
"teetering", but is, in fact, doing remarkably well. He stated that the area has
been an historic district for approximately 17 years; typically, the pattern of
many of the appeals that come before Council involve a property owner who
started a project without having gone to the Architectural Review Board and
obtained a Certificate of Appropriateness, and, in the midst of the project, it is
called to their attention, either by a neighbor or City staff, that they should
have acquired a Certificate of Appropriateness from the ARB. He added that it is
difficult to understand how, after a neighborhood has been an historic district
for 17 years, that property owners and those persons who reside in Old
Southwest, are not aware of the historic guidelines; therefore, he stated that the
burden rests with the individual property owner and not with the Architectural
Review Board.
Mr. Fitzpatrick called for the question. The motion was seconded by
Mr. Dowe and adopted.
The motion offered by Mr. Cutler, seconded by Mr. Dowe, was adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, McDaniel, Cutler and Mayor
Harris ............................................................ 5.
NAYS: Council Members Lea and Wishneff ......................... 2.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for any
necessary and appropriate response, recommendation or report to Council.
POLICE DEPARTMENT-COMPLAINTS-DRUGS/SUBSTANCE ABUSE: Mr. Leon
Slate, 4611 Edgelawn Avenue, N. W., expressed concern with regard to unsafe
living conditions in his neighborhood; i.e.: unsolved murders, prostitution and
drugs.
ARMORY/STADIUM-SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue,
N. E., spoke in support of renovating Victory Stadium. Instead of constructing a
new stadium/amphitheater, he stated that the funds should be used for a salary
increase for teachers and to decrease the number of students in school
classrooms.
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There being no further
adjourned at 8:50 p.m.
ATTEST:
Mary F. Parker
City Clerk
business, the
APPROVED
Mayor
declared the meeting
C. Nelson Harris
Mayor
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REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
August2,2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
August 2, 2004, at 9:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinas, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36193-010603 adopted by Council
on January 6, 2003, which changed the time of commencement of the regular
meeting of Council to be held on the first Monday in each month from 12:15
p.m. to 9:00 a.m., and pursuant to Resolution No 36762-070604 adopted by
Council on Tuesday, July 6, 2004, which established the meeting schedule for
the fiscal year commencing July 1, 2004 and ending June 30, 2005.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., and
Mayor C. Nelson Harris .............................................. 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.
CITY COUNCIL: 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, 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. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
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CITY COUNCIL: A communication from the City Attorney requesting 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, was before the body.
Mr. Fitzpatrick 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:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris: ............................................. 7.
NAYS: None .................................................. O.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET.
POLICE DEPARTMENT: The City Manager introduced a briefing by Police
Chief Joseph Gaskins, Sgt. C. L. Davis and Lt. G. W Staples, with regard to a
proposed Geographic Policing.
Lt. Staples advised that:
A committee was appointed for the purpose of
developing a Geographic Policing proposal, in
accordance with Command Staff request; and on
January 7, 2004, certain police officers were assigned
the responsibility of developing a proposal for creating
and implementing a new system that would increase
accountability in terms of community policing.
Approximately five years ago, the Police Department
made a philosophical and operational shift toward
adopting community policing strategies and ideals,
and the changes resulted in:
· implementation of standardized community
policing training for all officers
· increased exposure of the Police Department's
C.O.P.E. Unit
· purchase of computerized mapping software
· a full-time civilian crime analyst, and
· establishment and fortification of community and
neighborhood watch groups.
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The final piece of the transformation involves the
Patrol Bureau function to increase accountability at the
lieutenant's level and below, while maintaining the
high level of accountability above the rank of
lieutenant, and to ensure that all of the other changes
that have been established will continue to thrive and
be successful.
In order to increase accountability, it became necessary
to establish clear zones of the City for which
lieutenants would need to be responsible for and
supervise.
The first step the Committee took was to create the
actual physical zones for the new system of patrol and
four zones were identified which took into account the
City's natural physical boundaries such as the railroad
tracks and the I-S81/Route 220 corridor; the
Committee then made minor changes to the current
patrol district map so that police districts did not cross
the new zone boundaries, and the newly established
zones also serve to more evenly distribute citizen
requests for police service.
The four zones closely parallel the current method of
patrol operations; in order to determine if a completely
different alternative would work better, the Committee
considered many different methods of dividing the City
and concluded that the proposed proposal is the best
option.
Reconfigured zones:
· decrease police response time
· ensure a team policing approach where individual
officers will come together to collectively address
crime problems
· improve delivery of services to the citizens of the
City of Roanoke
· increase accountability and responsiveness
· aid the Police Department in meeting management
goals and objectives.
Throughout the study and consideration of the
following proposal, the Committee was active in
speaking out and seeking input from various members
of the Police Department, on both an informal and
formal basis.
Formal discussions with Sergeants and above have
been held on several occasions; more informal
discussions have been held with line officers;
suggestions made by the Committee were assigned to
lieutenants for further examination; during the
examination process, the lieutenants sought and
received suggestions from rank and file members; and
once the final proposal has been approved, the
Department will have formal opportunities for
members to come forward and share their input.
The proposal includes:
Recommendations in the proposal were based on the
understanding that the Police Department is currently
authorized to have 247 sworn positions; and the
Department is authorized to have 32 sergeant
positions and 11 lieutenant positions.
The proposal addresses the following issues:
Reorganization of current police districts to
ensure zone equity in terms of more balanced
call loads.
Reorganization of the Patrol Bureau
Defining the roles of special units assigned
within the Patrol Bureau
Patrol Administration Lieutenant
Administrative Sergeant
Defining responsibilities under the zone system
Lieutenant's responsibilities
Sergeant's responsibilities
Increased accountability for zone assignments
Zone Community Resource Officer
SRO Unit
Establishment of a Uniform Support Unit
K-9 Officers
Power Shift
Street Crimes Unit
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8.
9.
Creation of a Downtown Unit
Mounted Patrol
Bike Units/Beat Units
Parking Enforcement
General staffing concerns
Recruit assignments
Temporary assignments
Personnel scheduling
Manpower allotment
Dispatch
Implementation
Reorganization of the Patrol Bureau:
Patrol Administration
· Will consist of a Patrol Administrative Lieutenant
who is directly supervised by the Patrol Captain and
an Administrative Sergeant that is directly
supervised by the Patrol Administrative Lieutenant.
· Administrative Lieutenant will work at the discretion
of the Captain and will have the following
supervisory responsibilities:
Field Training Officer (FTO) coordination
Temporary replacement for Zone
Lieutenant
Monitor communications between Zone
Lieutenants
Evaluate and report daily operations to the
Captain
Supervise Animal Control Unit
· Animal Control will not be assigned to specific
zones due to the lack of manpower.
In order to staff the zones with one Animal Control
Officer per zone, a significant increase in manpower
would be required. An increase in manpower would
obviously improve services City wide, however, the
current staffing level is sufficient to operate within
this system.
· Animal Control Officers will be given in-car
computers in order to help better communicate and
to be aware of what is going on in the City.
· Resolve conflicts and/or staffing issues with the
Zone Lieutenants
· Administrative Sergeant will work at the discretion
of the Administrative Lieutenant and will have the
following responsibilities:
Supervise Hit and Run Investigator and Traffic
Safety Officer
Quartermaster duties
· Temporary replacement for Zone Sergeant
Responsibilities in a Zone System:
Zone Lieutenant Responsibilities:
Lieutenants will be responsible for an area of the City
designated as a zone and will not be responsible for a
time period; accountability for any and all occurrences
within the boundaries of the Zone will become the
responsibility of the lieutenants.
A change in mind set will be necessary - no longer in
charge of a time period, now in charge of a zone.
Ensure regular attendance and participation at
community meetings.
Completion of performance evaluations for Zone
Sergeants and Officers.
Assignment and clearance of follow up investigations,
personal knowledge of all follow up investigations will
enhance the Lieutenant's general knowledge of zone
issues, which task should not be delegated to a
Sergeant
Follow up investigations will be assigned to officers
working 8:00 a.m. - 8:00 p.m.
Investigation of citizen complaints and officers
misconduct
Manage and supervise problem solving projects and
the regular use of crime analysis information
Maintain call out availability in the event of
major/serious crimes
Ensure routine contact with all staff of zone
Act as a representative for the officers assigned to the
zone in patrol staff meetings
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Scheduling officers during time period.
Zone Sergeant Responsibilities:
Each patrol shift will require four sergeants.
Sergeants will be responsible for daily operations of
the platoon, including:
Line-up training
Approval of reports
Approval should be done by the Sergeants
on the shift of the officer who wrote the
report; it is preferred that the Zone
Sergeant approves reports coming from
higher assigned zone.
Monitor activities in his/her assigned zone
Forwarding incident reports to Zone
Lieutenants and Command Staff
Zone Community Resource Officer:
Each zone will have one community resource officer
assigned directly to the Lieutenant; they will have a
flexible schedule to meet the needs of the community
in conjunction with the Zone Lieutenant.
Will not be assigned to a patrol shift
Coordinate all community policing objectives and
assist the platoons in achieving objectives
The Zone Community Resource Officer should not be
the only person on the shifts conducting problem-
solving projects; this position is designed to assist in
coordinating and executing the various projects
underway in a particular zone.
School Resource Officers (SRO):
SRO officers would be directly supervised by the Zone
Lieutenant in which the school they work lies (officers
working at schools in zone four would report to the
Zone 4 Lieutenant)
Uniform Support Unit:
The function of this unit is to support basic patrol
functions.
Will be commanded by a lieutenant and two sergeants
The Uniform Support Unit is comprised of 24 positions,
not including the lieutenant; supervisory
responsibilities due to the number of positions make it
comparable to all other operations division lieutenants;
the unit involves a variety of smaller units and a
lieutenant is needed to facilitate scheduling, as well as
to coordinate activities in support of patrol functions
and other department needs.
Crime Prevention, K-9 officers, Warrant Service
officers, and Power Shift will be supervised by one
Sergeant.
K-9 Unit:
Should be placed in Uniform Support Unit to
allow a more flexible schedule to provide
maximum coverage (i.e.: during shift change and
using K-9s City wide)
Removing K-9 from the shift will allow them the
flexibility to stay in service during shift change
K-9 maintenance can be conducted during non-
peak hours (i.e.: after shift change)
Placing K-9 and Power Shift under one
supervisor will allow the supervisor to
compensate for training days and community
events that cause gaps in assignments
Crime Prevention should remain an individual
unit due to associated demands and
communication requirements.
The Homeland Defense Officer will be moved to
the Academy and will become part of the
Academy's training function.
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Power Shift - four to six officers:
The purpose is to alleviate call loads so that duty units
can conduct follow ups, attend community meetings
during shift change, and provide coverage during shift
change.
Four to six officers will be supplemented by K-9
officers, but K-9 officers will remain a separate unit;
they should not be considered full time members of
the Power shift.
Power Shift officers will be on one year temporary
assignments and should be removed from the zone
system (i.e. Power Shift will not be staffed by zone
officers).
Power Shift schedule will cover seven days a week with
a focus on the evening shift changeover; the Power
Shift supervisor will work with Crime Analysis to
ensure that officers are working at times when they are
most needed, based on citizen requests for police
services
More formalized Power Shift coverage at shift change
will reduce overtime expenditures and increase morale
Power Shift officers will have the opportunity to work
within the Community Policing Specialist program and
will attend meetings and fulfill Community Policing
obligations, as necessary to maintain their certification
A seven day rotation for Power Shift should not be
considered if staffing for the unit is less than five
officers.
Street Crimes Unit:
Will be supervised by one Sergeant and will continue to
exist as it does in its current state.
Downtown Unit:
The purpose of creation of the Downtown Unit is to
maximize coverage and organize various assignments
under one command; currently, at any given time,
there are four different supervisors responsible for
personnel in the Downtown area.
The Downtown Unit will be supervised by a Downtown
Sergeant
The Downtown Sergeant will be supervised by the Zone
I Lieutenant
The unit will be comprised of:
Three bike units (8-1, B-2 and 8-3)
Four mounted patrol units
Three parking enforcement officers
The Sergeant can utilize the personnel to provide
maximum coverage of the Downtown area.
Downtown Sergeant will be responsible for the
coordination of all special events related to downtown
and it is also recommended that the Downtown
Sergeant coordinate special events related to the Civic
Center.
Downtown Sergeant will be responsible for
coordinating with other shifts to provide coverage
during evening and over night hours.
Four mounted patrol officers allow for more
continuous coverage during day and evening hours;
and these officers can serve as mounted patrol
officers, as well as on foot and as beat officers in cars
to supplement the beat assignment.
Mounted Patrol should be part of the Downtown Unit
because that is where they will spend most of their
time.
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General Staffing Concerns:
Recruits:
The purpose of changing the process by which recruits
are assigned to shifts is to ensure that all members of
the Department have an interest in the development of
the recruit; the committee was concerned that if a
recruit were immediately assigned to a specific zone
only those officers assigned to that same zone would
take an interest in the recruit; and this system
eliminates that concern.
Upon graduation, recruits will be assigned to the Patrol
Administrative Lieutenant who is in charge of FTO
coordination.
The Patrol Administrative Lieutenant will assign them
temporarily to a patrol shift (night shift or day shift) for
training.
Upon completion of the training process, recruits will
be assigned to zones based on need.
Recruits should be acclimated to all zones of the City
during training.
ADVANTAGE: Under this system, there will be no need
to change the Recruit Training policies and procedures.
The Administrative Supervisors (Patrol Administrative
Lieutenant and Administrative Sergeant) will take an
active role in FTO coordination and training.
Temporary Assignments:
The purpose of amending the current process for
temporary assignments is to ensure more adequate
staffing levels for patrol.
As has been common practice, all temporary
assignments should be approximately 12 months in
duration.
Those who are assigned temporarily should be
removed from patrol rosters to show adequate staffing
All persons reassigned after a temporary assignment
should be placed based on need.
Personnel Scheduling:
Scheduling the time period will be the responsibility of
Zone Lieutenants; each Lieutenant will be responsible
for the scheduling of officers in their respective zones
during working time periods.
Officers will continue to work 12 hour shifts that
change at 0700, 0800, 0900 and 2000 hours; officers
will be assigned to a "time period", i.e. ALPHA, BRAVO,
CHARLIE< DELTA, but lieutenants will not represent a
specific time period; lieutenants will represent a zone
during each time period with the assumption that Zone
Lieutenants or designated representatives are required
to attend Patrol Staff and Command Staff meetings
every other Monday of the month. It is suggested, in
order to facilitate scheduling, that lieutenants will meet
on this day and develop an advanced two week
schedule for each time period; lieutenants will have the
opportunity to discuss vacations, required or
requested training, and extended sick leave on all time
periods; all advanced NLAs will be available to the Zone
Lieutenants during this meeting so they can determine
the number of officers that will be absent from the
time period on any given day; they can work together
to determine how many officers can be allowed off
during each time period and training requests could be
brought to the meeting so that the impact of training
on daily manpower can be discussed and managed
accordingly.
When lieutenants complete the schedule, it will be
forwarded to the time period supervisors (Sergeants);
the sergeants can approve days off for officers on an
"immediate-need basis" during the two week period;
this would cover and allow for officers who desire a
day off for whatever reason; this will also allow Zone
Sergeants the opportunity to keep staffing levels
appropriate for the shifts and still have the availability
of a supervisor to approve immediate requests for
leave.
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Manpower Allotment:
Under the plan, the following allotments are made:
Zone 1 - six officers per shift
Zone 2 - five officers per shift
Zone 3 - seven offices per shift
Zone 4 - seven officers per shift
The proposal creates a more equitable distribution of
citizen calls for service over the current operation
methodology; in 2003, Zone 4 had the most calls for
service, however, this distribution of calls fluctuates
from year to year and the proposal allows for flexibility
in terms of manpower allocation to include the use of
Power Shift, Bike Patrol, Street Crimes and K-9 units to
supplement zones as call loads and crime analysis data
dictates; and the sharing of resources among Zone
Lieutenants allows for adjustments to be made
routinely.
Dispatch:
On May 21, 2004, dispatch representatives discussed
implementation and it was requested that a change in
dispatch procedure be implemented; currently the
Computer Aided Dispatch (CAD) system assigns
officers to calls primarily by district, and then by north
side/south side designations; under the new proposal
CAD will assign officers to calls based on districts, and
then by Zone designations; and dispatching by zone
versus north side/south side will ensure more
personalized service and a team-oriented approach to
policing.
This change will require adjustments to software
programming and any cost associated with
programming changes will include personnel time and
data entry requirements rather than financial expense.
For successful operation of the proposal, dispatch
policies and procedures should be reviewed and
altered accordingly.
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Implementation:
The plan should be phased in beginning mid-August
2004 and be fully implemented by September 2004.
Questions and discussion by Council Members involved whether there are
plans to construct stations/precincts in each of the zones, how were the zones
drawn, assurance to citizens that response times will be improved, will the
proposed policy represent an improvement in the School Resource Officer
program, how will efficiencies be measured; what level of conflict will allow a
police officer to cross zones, coordination of response to calls for service with
other Roanoke Valley jurisdictions, challenges in recruiting/retaining police
officers, and the time line for training a police officer from the time he or she is
hired until the time they are placed in the field.
Council Members spoke in support of the proposed Geographic Policing
policy and commended Chief Gaskins and his staff for the quality of their work.
In summary, the Mayor advised that the briefing received a positive
response by Council; the presence of police officers on the scene in a
geographic area on a consistent basis is a good idea which is appreciated by
neighborhood organizations and citizens; and Council supports the efforts of
the Police Department and requests periodic updates on progress and
outcomes.
POLICE DEPARTMENT: Police Building Phase II Briefing:
The City Manager advised that construction will start in the next seven to
ten days on Phase II of the Police Building and it is appropriate at this time to
brief Council on plans and logistics. She explained that a previous Council, five
to six years ago, agreed to construct a Police building in two phases; and in
January 2000 bids were received for Phase I which has been completed for
about three years, and, at the time that Council awarded the contract for Phase
I construction, architectural/engineering was authorized for Phase II. She
stated that within the next year the City should have a fully renovated and new
Police Building which will be first time in the history of the Police Department
that it will occupy a building that was specifically constructed, designed and
renovated for police use.
Brenda Landes, Internal Project Manager, advised that Phase I is located
on Campbell Avenue, S. W., the facility was constructed and completed in
September 2001 by Thor, Inc., at approximately $6 million, consisting of
approximately 37,300 square feet, on three floors and includes primarily the
public functions of the Police Department.
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She advised that Phase II design began approximately one year ago, and
the prime architectural consultant is the local firm of Ripley, Rodriguez, Mattox
and Motley working in conjunction with the internationally recognized firm of
McClaren, Wilson, Lawrie from Phoenix, Arizona. She further advised that
design of the building was conceived with considerable employee interaction
and workshops; inasmuch as a decision was made last year not to procure
additional property, Phase II was designed to fit within the property boundaries
from the alley to the west property line; and the new addition is approximately
29,100 square feet bringing the total building to 66,400 square feet; and using
project diagrams, she reviewed the layout of floors one through four. She
explained that three temporary construction easements have been obtained by
the City and one partial alley vacation; a temporary 30 foot construction
easement to the west which is a part of Campbell Place, LLC, was obtained in
order to construct the west wall which goes directly to the property line; two
easements were obtained to the south, one of which is property that belongs to
WSLS and the other belongs to the American Red Cross which will be used for
the temporary placement of a crane, staging and storage of building materials;
a final easement is needed for construction of ingress and egress due to the
short turning radius in and out of the alley; and permanent vacation of a 29
square foot portion of the alley to the north side that does not impact travel nor
the paved area which is needed in order to place a dumpster pad. In exchange
for the easements, she stated that the City will provide WSLS with 20 parking
spaces in the Church Avenue Parking Garage for the duration of construction;
the American Red Cross lost seven parking spaces and arrangements have been
made for parking on Luck Avenue in areas which are designated for Police and
Sheriff vehicles located directly across the street from the American Red Cross
and Campbell Place lost 13 parking spaces which are now available at the YMCA
parking area; in addition, she advised that the City will resurface the parking
lots upon completion of construction of the Police Building.
She advised that bids for Phase II were received on June 15 and the Iow
bid of $5,035,200.00 was submitted by J. M Turner Construction Co., Inc., a
notice to proceed with construction will be given within the next seven days,
with completion of the building in 14 - 16 months. She stated that the City is
also in the process of retaining an interior design firm to assist with furnishings
and equipment for the building and a recommendation will be submitted to
Council within the next two weeks.
Question was raised with regard to the timeline for completion of Phase II
of the Police Building and completion of the parking garage; whereupon, the
City Manager advised that Council authorized funding in the current capital
budget for land acquisition and architectural/engineering work for the parking
garage, funds will be requested for appropriation in fiscal year 2005-2006 for
actual construction of the garage which is estimated to take approximately 12
months, and the Police Building Phase II project will take 14 - 16 months for
completion, so there will be a period of time when the garage will not be
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available and other parking will be needed in the interim. She called attention
to additional surface parking on Salem Avenue as a result of donation of the
Zimmerman property in exchange for the demolition and vehicles will continue
to be parked under the current Courthouse until construction is completed.
She advised that Council is left with making a decision on the current Police
Building, and the initial recommendation of City staff is to raze the building
which will add additional surface parking on an interim basis. She stated that it
is her understanding that some Members of Council have been approached by
the judiciary regarding the City's plans for renovation and expansion of the
Courthouse.
The City Manager reminded Council that the parking garage is not being
constructed exclusively for use by the Police Department, but does anticipate a
number of public users; there have been discussions with The Roanoke Times
about the availability of its property in exchange for parking spaces, and during
construction of the building, there will be some temporary displacement of
employees, irrespective of the manner in which the City receives title to or
ownership of the property.
In response to a question, the City Manager advised that there are
currently no plans for the Courts Building. She referred to a document that was
prepared in the mid 1990's that referenced on a priority basis which buildings
should be looked at for expansion, the first priority was the Police Building
which will be completed with Phase II; the second was Human Services, both
social services and health, and while Social Services has moved to space in the
Civic Mall, there remains the challenge of getting the State to agree to
increased costs associated with moving the Health Department building; and
the third priority was the Courthouse Building. She advised that it is preferable
to get the Police Building underway before engaging in discussions about the
Courthouse; there have been discussions with regard to completing the Library
Study, which should occur before the end of the calendar year, in order to
receive a recommendation on the future location of the Law Library, i.e.:
whether it should remain in the Courthouse or move to a renovated or new
main library, which decision will have an impact on how much renovation and
what type of courthouse expansion, if any, would be needed. She advised that
City staff is looking at the feasibility of moving the probation staff in the
current Police Building and it will most likely be at least another year before a
plan/cost is in place.
The City Manager explained that capital projects are currently budgeted
m a different manner; rather than requesting all of the funds in one capital year
for a specific capital project, starting with the current year, projects are broken
down into portions that can be accomplished within a certain period of time
because the perception by the community is that when the full amount of a
project is appropriated in any one year, the project will be constructed very
quickly, when in reality, the project still needs to go through decisions on
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where to locate, land acquisition, architectural and engineering needs and
final construction. She advised that the City administration has not been
approached by the judiciary about Courthouse renovation/expansion needs.
The Mayor left the meeting at 10:30 a.m.
UTILITIES: Utility Cut Briefing:
George C. Snead, Jr., Assistant City Manager for Operations, referred to a
previous Council briefing in regard to an action plan involving Standards for
Utility Cuts. He advised that Roanoke's customers are not satisfied with the
rideability of Roanoke's streets, and the City's Comprehensive Plan addressed
the need for more quality and rideable streets; City staff has engaged virtually
all parties currently responsible for work in the City's rights-of-way. To solicit
their input on the draft policy, the proposed standards have been reviewed on
at least two occasions of revised drafts, City staff has reviewed new technology,
one of the major utility companies has purchased a new piece of equipment for
City's review, and staff has been open to information on new approaches. He
stated that the goal of the new standards is to get patches in pavement to a one
quarter inch tolerance level which is the same standard that is enforced by the
Virginia Department of Transportation.
Robert K. Bengtson, Director, Public Works, presented details of the
proposed utility cut standards, including examples of excavation cuts, color
coding, desired outcomes and failed utility cuts.
He advised that the purpose of the proposed policy is to address
Council's desire to improve the ride quality, appearance and safety of
Roanoke's street system and to support the goal of the Vision 2001
Comprehensive Plan for a quality system of streets and neighborhoods. By way
of background information, he further advised that all work within the public
street right-of-way requires a street opening permit; City crews are currently
exempt from permits, but are required to follow standards; a permit costs
$36.00 and authority to regulate work in public streets is set forth in Chapter
30, Code of the City of Roanoke (1979), as amended; and approximately 2000
permits are issued each year to the following utility companies: American
Electric Power, Roanoke Gas Company, Verizon, Cox Communications,
Adelphia, KMC and the Western Virginia Water Authority.
Mr. Bengston reviewed existing problems such as no written policy or
standards, quality of repairs to pavement, timeliness of repairs, coordination of
utility work with the City of Roanoke Paving Program, and warranty of repairs.
He stated that meetings have been held with utility operators and utility
contractors and City staff has listened to concerns and tried to modify the
City's proposed standards. He reviewed key concerns of utility providers, i.e.:
increased cost of repairs to the utility and ultimately to the consumer,
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certification of backfill compaction, requirement to mill and overlay, types of
permitted materials and dimensional tolerance for repairs. He also reviewed
key modifications to excavation standards, i.e.: increased types of material
permitted as backfill, increased options for achieving quality compaction
without expensive certification, modified pavement patching detail, improved
the City's paving program forecast, and maintained one-fourth inch tolerance
for repairs
With regard to pavement restoration, Mr. Bengtson advised that the main
areas of concern are appearance, rideability and restoration of the pavement as
nearly as possible to its original condition, criteria for mill and overlay
(longitudinal installations- mill and leave a full lane width) and service
materials - "window cuts" (mill and overlay not required for cuts less than 30
square feet). He noted that coordination with the City's Annual Street Paving
Program will involve publishing paving schedules two years in advance, and
utilities can avoid the expense of milling and repaving by coordinating their
work with the City's paving program. He stated that warranty inspection will
include a one year warranty on repairs, inspection at 11 months, written follow
up of defective repairs (use of database) and the City will repair the cuts if the
contractor fails to respond.
Mr. Bengston noted that the next steps include implementation of the
new standards as a pilot program beginning in October, 2004; consideration
and adoption by Council in September 2004 of the new standards, with a
sunset clause in order to allow all parties to gain a year of experience, and
continue frequent communications with utilities during the pilot program, with
revisions and final implementation to occur in October 200S. He stated that
the permit fee is currently $36.00 and is proposed to increase to $50.00.
The City Manager advised that City staff will submit an ordinance for
consideration by Council in September, along with a request for fee increase,
and final implementation of the program will occur in October 2005. She
stated that although it may be seen as a pilot versus a permanent program at
this point, the expectation is that the fee will be enacted and there will be
minor tweaking of the policy after a year of experience given the changes that
staff has already agreed to.
Council Member Cutler inquired about the feasibility of recognizing the
work of utility companies by offering incentives, rewards or recognition for a
job well done and creating a sense of public/private partnership for smooth
streets which would remove some of the negativity by utility companies about
the new policy. Mr. Snead responded that during discussions with Roanoke Gas
Company and AEP, the issue of the City projecting its paving needs for the next
24 or 36 months was seen as a reward because of the Gas Company's major
line restoration program, which, if coordinated with the City's paving program,
will be a win/win situation for both parties.
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Vice-Mayor Fitzpatrick inquired about the need for a sunset clause on a
pilot project when the assumption is that the program will continue after one
year, with minor tweaking; whereupon, Mr. Snead advised that City staff worked
with utility companies and private contractors, realizing that there may be some
issues that staff did not completely understand, and the purpose of a sunset
clause is to ensure all parties that if a portion of the policy needs to be revised,
the City is willing to work with them.
In response, Vice-Mayor Fitzpatrick advised that the implication is that if
enough concerns are raised, the City might abandon the policy which is not the
intent of Council; therefore, he asked that the City Manager further review the
sunset provision.
The City Manager advised that utility companies are performing today to
the standard that was proposed to Council; a major concern of staff when the
policy was proposed over a year ago was that the City of Roanoke, as an
organization, would be required to adhere to the standards; 800 of the 2000
utility permits will be made by the City's own utility company and if the City is
serious about the appearance and rideability of its streets, the City must be
willing to pay the price and look at new and different ways to accomplish its
goal. She stated that if the Council is comfortable with moving forward, the
pilot process will be eliminated with the understanding that if there are
problems on either the City side or the business/contractor/utility company
side, staff will come back to Council with the necessary revisions, and there
may be a need for some negotiation with the utility companies on the language
of the proposed policy.
The Mayor returned to the meeting at 11:20 a.m.
REFUSE COLLECTION RECYCLING: Solid Waste Management Plan Briefing:
The City Manager advised that on Monday, August 16, 2004, Council will
be requested to endorse the submission of the City's Solid Waste Management
Plan to the State, which is a State requirement for development and adoption of
the plan on a regular basis; whereupon, she called upon Frank Decker, III,
Manager of Solid Waste, to present the briefing.
Mr. Decker advised that the Plan is mandated by the Virginia Department
of Environmental Quality; and the City of Roanoke was advised approximately
one year ago that it is required to update the Plan and a consultant was hired.
He stated that the last revision occurred in 1991, a meeting was held with the
City Planning Commission last week and, as a result of the meeting, City
staffwill work with the Planning Commission not only on the plan, but on other
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points that were raised by the City Planning Commission. He called on Lynn
Croy, representing Draper Aden Associates, Engineering, Surveying,
Environmental Services, to present a summary of the results of the consultant's
report.
Ms. Croy advised that:
The City of Roanoke's Solid Waste Management Plan
was prepared in accordance with the Virginia Waste
Management Board's Regulations for Solid Waste
Management Planning.
The regulations were promulgated pursuant to the
Code of Virginia which authorized the Virginia Waste
Management Board to promulgate and enforce such
regulations as may be necessary to carry out its duties
and power and the intent of the Virginia Waste
Management Act and Federal Acts.
The purpose of the regulations is to:
Establish minimum solid waste management standards
and planning requirements for protection of public
health, public safety, the environment and natural
resources throughout the Commonwealth of Virginia.
Require the development of a comprehensive and
integrated solid waste management plan that
addresses all components of the solid waste hierarchy
established by the United States Environmental
Protection Agency as embraced by the Commonwealth
of Virginia, as follows:
source reduction (most desirable activity)
reuse
recycling
resource recovery (waste-to-energy)
incineration
land filling (least desirable activity)
Promote local and regional planning that provides for
environmentally sound and compatible solid waste
management with the most effective and efficient use
of available resources
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Establish procedures and rules for designation of
regional boundaries for solid waste management plans
Establish state, local government, or regional
responsibility for meeting and maintaining the
minimum recycling rates of 25 per cent
Establish the requirement to withhold permits for
failure to comply with the regulations
Provide a method to request reasonable variance or
exemptions from the regulations
Provide for reporting an assessment of solid waste
management in the Commonwealth of Virginia
The planning area for the solid waste management
plan is the City of Roanoke which represents a single-
entity region for the purpose of filing and
administering the plan and for its implementation.
The planning period for the solid waste management
plan is 20 years from 2004 - 2024.
On July 8, 1991, when the original City of Roanoke
Solid Waste Management Plan was submitted to
Council for adoption, the Chair of the Planning
Commission outlined the following key waste
management needs for the City of Roanoke at that
time:
To maximize landfill life expectancy through a
comprehensive solid waste management program that
focuses on source reduction, reuse and recycling.
To educate both the public and private sectors on the
importance and benefits of recycling, source reduction
and reuse and how comprehensive solid waste
management will protect the environment and reduce
waste transport and disposal costs.
To continuously explore the market for recyclable
materials in order to find the most cost-effective
means for recycling certain materials and to
continuously search for effective means of managing
other solid waste.
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To make solid waste management as financially
feasible as possible for the City and its residents.
The City Planning Commission previously approved the
plan on June 5, 1991, and the plan was approved by
Council on July 8, 1991; and since 1991, the City has
worked diligently to address the needs.
A table was provided summarizing the 1991
implementation strategies developed during Plan
preparation and a status report on implementation of
strategies is attached to the report. (See table on file in
the City Clerk's Office.)
There have been many changes In the City's solid
waste management program since 1991; City-wide
curbside recycling has been implemented, waste
disposal has moved to the Tinker Creek Transfer
Station and Smith Gap Landfill, and weekly brush
collection was initiated; the City is now a member of
the Roanoke Valley Resource Authority with
membership established on December 3, 1991, and an
active participant in the Clean Valley Council; and
annual business reporting has been established and
for 2003 a recycling rate of 51.7 per cent was reported
to the Department of Environmental Quality.
A brief description of the City's current solid waste
program is as follows: the City's solid waste
collection, disposal, and recycling programs fall under
the umbrella of the City's Public Works Department,
Solid Waste Management Division; in the year 2000,
the City started a major overhaul of its program by
implementing more automation and more efficient
routes, as well as expanding the recycling program;
and the solid waste management systems consist of
the following components:
Solid Waste Collection - The City provides collection to
its residential and central business district sectors; it
collects from approximately 42,000 households and
some small businesses integrated into the residential
collection routes and 200+ businesses in the CBD; the
remaining commercial/business waste is collected by
private sector haulers; the City also provides curbside
bulk collection which includes bulky items like
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furniture, white goods and brush; the majority of the
residential waste is collected by the City at the
curbside with automated collection vehicles; residents
are provided with a 96 gallon cart free of charge; some
back alley and side yard collection is still conducted
but on a limited basis; citizens are not charged for this
service as it is paid for out of the General Fund;
businesses in the Central Business District are charged
from $60.00 to $100.00 per month depending on the
type of business; the City also has 28 dumpster
locations serving various City departments, located at
such places as City parks, fire stations, Victory
Stadium, the zoo and other municipal buildings and
these sites are currently serviced through a contract
with Waste Management, Inc.
Recycling - the City provides curbside collection of
recyclables to its residents and businesses in the CBD;
each household receives two green recycling bins,
which are recorded and registered to the address; each
week one of the two containers is collected on the
same day as trash collection; one week is "Bottles and
Cans" week and on this week the City collects clear
glass bottles, aluminum and steel cans and #1 and #2
plastics; as of July 1, 2004, the City had to drop
collection of green and brown glass although residents
can still take these materials separated directly to the
drop off center at Cycle Systems, Inc.; the next week is
"paper" week and on this week, the City collects office
paper, junk mail, magazines, newspapers, chipboard
boxes and corrugated boxes; and commercial recycling
is encouraged and is handled by the City in the CBD
and by the private sector elsewhere.
City government facilities also recycle; the in-house
program started with the collation of bottles and cans
and paper collection in City Hall and within several
months the pilot program was expanded to other
facilities; and today all City buildings have a paper
recycling program and some have both a paper and
bottles/cans program.
The City reported a recycling rate of 51.7 per cent for
calendar year 2003, with a total tonnage of recyclables,
including those from the commercial sector of 54,894
tons, of which 16,145 tons were road millings, and
18,250 tons were miscellaneous metals; the curbside
collection program reported collection of 2,875 tons in
fiscal year 2004 which amounted to $95,713.00 in
avoidance costs (i.e. the difference between the
potential cost to landfill the material minus the cost of
recycling); the materials collected in the curbside
collection program are delivered to Cycle Systems, Inc.,
for processing; at this time, the City pays $5.00 per
ton for the handling of mixed paper and $40.00 per
ton for the handling of the commingled bottles and
cans; Cycle System's contract runs out on July 30,
2004, and the City is currently in the process of
bidding those services.
Cycle Systems, Inc., started as a scrap metal dealer in
1916 and now operates five facilities in central and
southwest Virginia in Roanoke, Lynchburg,
Waynesboro, Harrisonburg and Martinsville; the
company considers the Roanoke recycling facility to be
one of the most advanced facilities in the Mid-Atlantic
region, processing thousands of tons of material each
month; the Roanoke facility located at 2580 Broadway,
S. W., has a community recycling station; proceeds
collected from this station are donated to the Clean
Valley Council; materials accepted at the recycling
station include cardboard, newspaper, mixed paper,
office paper, steel cans and aluminum cans; Cycle
Systems, Inc., also operates a buy back center for
citizens who wish to receive compensation for their
materials; and aluminum cans are currently bringing
from $.36 to $.40 per pound.
The Roanoke Valley Resource Authority also operates a
drop off collection center at the Tinker Creek Transfer
Station, accepting newspaper, clear glass and metal
cans (aluminum/steel); and the RVRA also accepts
white goods and other scrap metal and all types of
batteries for recycling.
Disposal - The waste collected in the City by the City is
taken to the Roanoke Valley Resource Authority Tinker
Creek Transfer Station where it is loaded onto rail cars
and hauled to the Smith Gap landfill, located in
Roanoke County; the transfer station was permitted in
1992 and the landfill permitted in ~993; waste
collected in the City by private commercial haulers, or
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handled directly by the business or industrial
generator, is generally taken to the same transfer
station; however, because the City cannot control the
flow of its waste, some of the waste is more than likely
taken to the City of Salem transfer station and
transported to the Waste Management facility in Amelia
County, Virginia, or taken to the BFI transfer station
and transported to the Allied Waste Landfill in
Brunswick County; and tonnage lost to the Salem or BFI
facilities is not tracked by jurisdiction.
The Tinker Creek transfer station handled a total
tonnage of 159,231 tons in fiscal year 2004; this
tonnage includes waste delivered by the City of
Roanoke, Roanoke County, the Town of Vinton, and
various commercial collection companies and private
businesses; the Authority does not track the tonnage
from the commercial collection companies or the
private sector by location of origin; thus, the tonnage
from the commercial and private sector generated
within the City and delivered to the Authority is not
known; according to the Authority's records, for fiscal
year 2004, the City and its residents delivered 54,349
tons to the facility representing approximately 34 per
cent of the total tonnage run through the facility and
delivered to the landfill; and this tonnage would
represent the residential tonnage collected by the City,
the Central Business District tonnage collected by the
City, some commercial collection outside the Central
Business District which can be handled by the
residential collection and tonnage delivered to the
Transfer Station directly by the citizens of the City.
According to the DEQ, the Smith Gap landfill for 2003
has approximately 34.8 years of life remaining in the
existing permitted area at an annual disposal rate of
255,200 cubic yards per year; however, the overall life
expectancy of the landfill, including expansion areas,
is 100+ years; at this time, approximately 50 acres
have been developed; and the Authority's annual
budget for fiscal year 2004 was $8,091,969.00.
Composting/Mulching: Leaves and brush are collected
by the City; the City collects the loose leaves via leaf
vac during the fall and takes them to a processing
facility at Rockydale Quarry where they are processed
into a soil amendment; bagged leaves are also
collected by the City; the leaves will be debagged and
also taken to the quarry for the first time in 2004; prior
to this year, the bagged leaves were handled elsewhere
but this property is no longer available for use; and the
City collects brush weekly and takes it to the RVRA
transfer station where it is ground into mulch.
Primary goals developed by the City for the Solid
Waste Management Program under the new plan are
summarized as follows; the existing system is well
developed and serves the community well, thus, the
goals do not reflect new dramatic programs, but
continuous improvements to the existing system with
a strong emphasis on source reduction, reuse and
recycling.
Collection:
Expand educational efforts to collection, to provide
information to citizens on container placement,
acceptable and unacceptable waste, and scheduling.
Continue to automate collection to the maximum
degree possible with existing financing.
Evaluate the Central Business District
improvements to the collection system.
for
Recycling:
Continue to live the Vision 2001-2020 mission which
states that "Roanoke will be known as a City that
recycles all recyclable material where feasible."
Continue to aggressively promote source reduction
and recycling as a way to save costs and to increase
landfill life expectancy.
Encourage better participation by businesses in
reporting their source reduction and recycling efforts
annually.
Consider the construction and operation of a regional
clean materials recovery facility (MRF), possibly
operated by the RVRA or other regional entity; a MRF
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would allow the City to automate recycling and
potentially reduce collection to twice per month and
could improve recycling markets for the region and
provide flexibility.
Composting/Mulching:
Consider partnering with the Western Virginia Water
Authority to develop a biosolids/yard waste
composting program producing a marketable product.
Continue to support the mulching program operated
by the RVRA.
Disposal:
Continue to promote source reduction and recycling as
a means to increase the life expectancy of the facility.
Continue to support the operations of the transfer
station and landfill through active participation in the
RVRA.
Summary:
In conjunction with its membership in the Roanoke
Valley Resource Authority, and its affiliation with Cycle
Systems and its support of the Clean Valley Council,
the City has established one of the more
comprehensive and effective integrated solid waste
management programs in the Commonwealth of
Virginia; waste reduction, reuse, recycling, and
disposal programs have been abolished that exceed
current regulatory mandates; for instance, the City
conducts door-to-door curbside recycling, has entered
into a long-term membership in the Roanoke Valley
Resource Authority for disposal in a subtitle D
compliant landfill facility, and participates in a
successful year waste mulching program sponsored by
the RVRA, a leaf composting program developed by
Rockydale Quarry, and in a Household Hazardous
Waste Collection Day sponsored by the Clean Valley
Council.
The City's recycling program has grown significantly
over the past decade, and is currently attaining a 51.7
per cent recycling rate as reported to DEQ for 2003;
the recycling rate is broad-based, meaning that it is
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tolerant of fluctuations in any one component of the
program and can absorb changes without threatening
the City's ability to meet the 25 per cent mandate; the
City includes a significant amount of non-traditional
materials in its recycling program; if these materials
are subtracted, the City still meets a recycling rate of
28 per cent for 2003; the current recycling program, if
maintained at its current level of service and success
(assuming that the quantity of recyclables collected
and marketed does not increase), would still result in a
47.8 per cent recycling rate in 2024, based on the
current projections of population and waste generation
rates.
Disposal activities over the planning period and
beyond are secure with the Roanoke Valley Resource
Authority and collection has become more efficient
with the advent of automation; and it would appear
that the City can focus its efforts on education
promoting reduction in the waste stream and
encouraging more recycling.
There was discussion in regard to whether or not the life of Smith Gap
Landfill can be extended by baling as opposed to dumping loose garbage;
whereupon, Ms. Croy advised that the old school of thought was that baling
would add life to a landfill. She further advised that since landfills have been in
operation for 15 - 20 years, it has been discovered that the shear volume of
waste itself will compress the waste over time; and the next generation of
landfills will become bio-reactors, whereby instead of keeping water out and
keeping the landfill dry, water will be recycled through, turning the facility into
something like a pressure cooker which cooks and churns and pops out
methane gas that causes waste to decompose rather quickly, thus reducing
volume.
There was discussion in regard to green and brown glass which no longer
will be recycled by the City, and constituted 35-40 per cent of recycled
material, crushing colored glass for road materials, and recycling materials
from razed buildings.
The City Manager advised that Council will hold a public hearing on the
proposed Solid Waste Management Plan on Monday, August 16, 2004, at 7:00
p.m., at which time Council will be requested to authorize submittal of the Plan
to the Virginia Department of Environmental Quality.
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ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES:
briefing:
Volunteer Program
The City Manager introduced Angela Gentry, Volunteer Coordinator,
which is a new position that was established in fiscal year 2004 to coordinate a
volunteer program for the City of Roanoke.
Ms. Gentry advised that the Municipal Volunteer Program is a community
outreach program which is designed to encourage citizens to participate in
local government; the mission of the program is to provide the highest quality
of service to Roanoke's citizens and to the Roanoke Valley by engaging the
community in civic involvement, thus creating a more enlightened and active
citizenry; the role of Human Resources is to provide a central office location for
volunteers, to promote the volunteer program, to recruit, screen, interview and
refer volunteers to City departments, to maintain volunteer files, to provide an
orientation to new volunteers, to serve as a liaison between volunteers and
staff, to coordinate volunteer recognition and awards, to assess the
performance of the program, to generate reporting to provide departments with
feedback, to assist and support volunteers and City departments and to keep
volunteers and staff informed.
She stated that the United States is a nation of volunteers, i.e.: 56 per
cent of most Americans are presently volunteers, 20 per cent are not currently
serving and 23 per cent have never served as an adult, 63.8 million people
volunteered in some capacity which is up from 59.8 million, and the volunteer
rate grew to 28.8 per cent, or up from 27.4 per cent, a median of 52 hours
were dedicated to volunteer activities for 2003, an estimated 3.9 million adults
volunteered over 15.5 billion hours in 2000, for a weekly average of 3.6 hours
per week served per volunteer; and the 2003 national average hourly value of
volunteer time is $17.19, effective March 2004 to February 2005.
Ms. Gentry advised that citizens should be involved as volunteers to
expand City services, to strengthen programs and services, to enhance rapport
between the City, citizens and businesses, and to bring innovative new ideas
and advocacy; and citizens can gain the following from volunteering their
services: learn about local government, stay active after retirement, build
teamwork, fulfill a sense of responsibility, expand knowledge, share talents and
abilities, explore new areas of interest, learn and develop new skills, meet new
and interesting people, gain new experiences, help shape the community's
future, and have fun.
She explained that in order to become a City volunteer, a citizen is
required to complete a volunteer application, participate in an interview process
followed by volunteer placement; currently 31 individuals and two groups
participate in the City's Volunteer Program; and 16 City departments have
submitted requests for volunteers, as follows:
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25 participated in the Easter Egg Hunt
7 in the fitness celebration
1 in the City Treasurer's Office
I at the Fire/EMS Regional Training Center
33 at the Youth Forum
1 in the Downtown Library
1 at the Mill Mountain Discovery Center
16 at the Building New Partnerships Conference
37 in the Roanoke River Clean-Up
! in Economic Development
4 in the office of Commissioner of the Revenue
Ms. Gentry advised that for the period March I to July 31, 2004, 127
volunteers donated 631.25 hours at an estimated savings of $12,637.63.
There was discussion in regard to rewarding volunteers for their service;
liability coverage, recognizing volunteers in connection with the City's Annual
Volunteer Reception which is hosted by the Mayor and Members of Council,
background screening in certain instances, and an opportunity for volunteers to
indicate on the application if they are interested in serving on a City Council
appointed authority, board, commission or committee
The Mayor expressed appreciation for the briefing and wished Ms. Gentry
success in her recruitment of volunteers for the City.
STADIUM-COMMI'i-fEES: The Mayor advised that the Members of Council
will engage in a working lunch to discuss the proposed charge for the Stadium
Study Committee. He called attention to the Council's work session which was
held on Tuesday, July 6, 2004, at which time Council Members agreed to
provide him their input regarding the charge to the Committee; however,
having received no response prior to today's meeting, he presented the
following proposed charge to the Committee in an attempt to capture the
sentiment of Council's previous discussion:
"The Stadium Study Committee is charged with
assessing the athletic facility needs of our City.
Specifically, the Committee shall review the feasibility
of renovating Victory Stadium. The Committee shall
also have the latitude to review other possible athletic
facility venues and locations as it deems appropriate.
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."
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Council Member Wishneff presented the following proposal:
"The Committee shall review the feasibility of
renovating Victory Stadium for use as an athletic
facility and major events/music venue for events that
need to accommodate larger crowds. The Committee
shall also have the latitude to review other possible
athletic facility venues, including an outdoor track and
locations as it deems appropriate. The Committee
shall interview, recommend and negotiate a contract
with 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."
An inquiry was made in regard to marketing the Orange Avenue site;
whereupon, the Mayor advised that the site should be held in abeyance for the
time being, in order to gain a consensus on a future municipal use.
Vice-Mayor Fitzpatrick advised that he has opposed the Orange
Avenue/Williamson Road site for a new stadium/amphitheater because a
quadrant of an interstate interchange should not be used for public purposes
when the property is more valuable from a commercial development
standpoint; on July 6, Council agreed to include the site in the proposed study,
therefore, it would be premature to obtain market information while the
Stadium Study Committee engages in its assignment; and the marketability
issue will come into play when and if it is determined that the Orange
Avenue/Williamson Road site has no athletic use. He stated that the purpose is
not to review the feasibility of Victory Stadium, but to determine the needs of
Roanoke's high schools and potential athletic events that might be drawn to the
Roanoke area in order to be successful, therefore, to not look at the overall
picture would be a mistake. He called attention to the need, first and foremost,
to look at the structural condition of Victory Stadium, because no core drillings
have been made of the stadium, and before the Stadium Study Committee can
consider a renovation of Victory Stadium, the cost of renovating the Stadium
should be known which will then give Council a better ability to know how to
spend taxpayers' money. He stated that the athletic needs of the high schools
and the potential venue for sports events should be separated from the
entertainment component and there is a need to define Roanoke as an
entertainment venue.
Council Member Cutler advised that the charge to the Stadium Study
Committee should be a larger City-wide mission and purpose than just Victory
Stadium. He spoke in support of comparing Victory Stadium to other potential
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sites in regard to cost and accessibility and it is hoped that the Committee will
bring forth several alternative sites as a part of its recommendation. He stated
that any consulting contracts should be administered by City staff, with
findings to be provided to the Committee. He concurred in a previous remark
that ultimately the school system should be responsible for providing its own
athletic facilities.
Council Member Lea advised that he served on the Roanoke City School
Board for five years and during his first year he proposed discontinuation of the
use of Victory Stadium by Roanoke's Schools, the Superintendent of Schools
looked at both William Fleming and Patrick Henry High Schools as potential
sites for a small stadium, there is not sufficient space at Patrick Henry because
a minimum 3000 seat stadium would be needed and criticism has been
expressed by residents of the surrounding area in regard to parking issues in
the neighborhood. He further advised that William Fleming High School has the
required space, but a stadium could not be constructed at William Fleming and
not at Patrick Henry, therefore, the School Board decided not to construct high
school stadiums and instead focused on what could be done for Victory
Stadium. He stated that although it was a School Board issue, based on the
advice of the School Superintendent, the concept was abandoned.
Council Member McDaniel advised that the charge to the Stadium Study
Committee should be broad based and all of the options should be placed on
the table for review by the Committee.
Following review of the proposals submitted by the Mayor and by Council
Member Wishneff, the following charge to the Stadium Study Committee was
proposed:
"The Stadium Study Committee is charged with
assessing the athletic facility needs of our 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."
146
The Mayor advised that it has been broucjht to his attention that it is the
decision of the School 8oard to include tracks at the two high schools, although
the kind of tracks is not known.
The City Manager called attention to the need for Council to provide
direction, and advised that when the City offered to identify a separate venue
for a track, Superintendent Harris indicated that the schools would like to
construct two smaller tracks at the two high schools. She also called attention
to previous discussions with the Roanoke County Administrator and two
different Administrators at Hollins University in regard to the feasibility of
creating a regional track facility with the support of Hollins University, but the
Superintendent of Schools indicated that the School Board was prepared to
proceed with two tracks at the two high schools, with the intent of requesting
additional funds from the City.
Council Member Dowe advised that if Victory Stadium is named
specifically in the charge to the Stadium Study Committee, other potential sites
should also be specifically named.
Vice-Mayor Fitzpatrick moved that the following charge to the Stadium
Study Committee be adopted:
"The Stadium Study Committee is charged with
assessing the athletic facility needs of our 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."
The motion was seconded by Mr. Cutler and adopted by the following
vote:
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AYES: Council Members Fitzpatrick, Wishneff, Cutler, Dowe, McDaniel and
Mayor Harris ...................................................... 6.
NAYS: Council Member Lea ..................................... 1.
(Mr. Lea's vote was later changed.)
Following discussion, Council Member Lea advised that inasmuch as the
Mayor had clarified a misunderstanding, he would like to change his vote on
the motion from no to yes.
Without objection by Council, the Mayor requested that the Clerk change
Council Member Lea's no vote to a yes vote; whereupon, the motion was
unanimously adopted.
The Mayor advised that he will work with the City Manager and the City
Clerk with regard to providing clerical support to the Stadium Study Committee.
Council Member Wishneff requested that the record reflect that he also
has concerns with regard to neighborhood issues associated with two smaller
stadiums at the two high schools, but in a spirit of cooperation, he will support
the motion.
There being no further business, at 1:10 p.m., the Mayor declared the
Council meeting in recess and advised that Council will reconvene at 1:15 p.m.,
in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal
Building, for a closed session which was previously requested by the City
Attorney, and the regular meeting of Council will reconvene at 2:00 p.m., in the
Council Chamber.
At 2:00 p.m., on Monday, August 2, 2004, the Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C.
Nelson Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly
T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian .I. Wishneff and
Mayor C. Nelson Harris .............................................. 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.
148
The reconvened meeting was opened with a prayer 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 Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
DECEASED PERSONS: Council Member Dowe offered the following
resolution memorializing the late Gordon Preston Davidson, Director of
Community Services of the Blue Ridge Independent Living Center:
(#36798-080204) A RESOLUTION memorializing the late Gordon Preston
Davidson, Director of Community Services of the Blue Ridge Independent Living
Center.
(For full text of Resolution, see Resolution Book No. 69, page 51.)
Mr. Dowe moved the adoption of Resolution No. 36798-080204. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
The Mayor presented a ceremonial copy of the above referenced measure
to Ms. Pat Davidson, representing the Davidson family.
ACTS OF ACKNOWLEDGEMENT-AUDITS/FINANCIAL REPORTS: The Mayor
presented Certificates of Achievement to Jesse A. Hall, Director of Finance;
Dawn L. Hope, Financial Systems Accountant; and Harold R. Harless, Jr.,
Retirement Plans Accountant, which were issued by the Government Finance
Officers Association of the United States and Canada in recognition of the City
of Roanoke's Comprehensive Annual Financial Report and the City's Pension
Plan report. He commended employees of the Department of Finance upon
receiving the awards which represent the highest form of recognition in the
area of governmental accounting and financial reporting and their attainment
represents a significant accomplishment by a government and its management.
ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY: Edward Murphy
and Earl Saunders, representing the Board of Directors, Rebuilding Together,
advised that Rebuilding Together has rehabilitated 22 houses owned by elderly
and disabled homeowners in the City of Roanoke. On behalf of the Board of
Directors, they presented the City of Roanoke with a plaque in appreciation of
the City's sponsorship.
149
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent Agenda
and considered separately.
MINUTES: Minutes of the regular meetings of Council held on Thursday,
May 20, 2004, and Monday, June 7, 2004, were before the body.
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
SPECIAL PERMITS: 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, with regard to
authorization for encroachment into a public right-of-way at 16 Campbell
Avenue, S. W., Official Tax No. 1011707, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: 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, was before Council.
Mr. Fitzpatrick moved that Council accept the resignation and receive and
file the communication. The motion was seconded by Mr. Dowe and adopted
by the following vote:
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AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
COMMI~-I'EES-ROANOKE NEIGHBORHOOD ADVOCATES: A communication
from John Renick, Secretary, advising of the resignation of Jesse Dodson as a
member of the Roanoke Neighborhood Advocates, was before Council.
Mr. Fitzpatrick moved that Council accept the resignation and receive and
file the communication. The motion was seconded by Mr. Dowe and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
ZONING: The Annual Report of the Board of Zoning Appeals for fiscal
year 2004, was before Council.
Mr. Fitzpatrick moved the Annual Report be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
ROANOKE CIVIC CENTER-PROCUREMENT CODE: A communication from
the City Manager advising that on July 20, 2004, she approved an emergency
award declaration to replace the theatricals and stage dimming system (i.e.
"patch panel) at the Roanoke Civic Center Auditorium; and the following factors
led to the request by staff and subsequent approval, by the City Manager, was
before Council.
The existing "patch panel" interconnects and controls
the theatrical lighting fixtures (used on the stage) to
the Auditorium's electrical power system.
The panel incorporates patch codes, which are no
longer available, that are used to connect and control
(dim) 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.
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· The problem first surfaced five-six years ago and was
resolved at the time by shortening the length and
rewiring the cords; and the problem has resurfaced,
but the cords cannot be shortened any further.
· The panel needs to be replaced as soon as possible to
eliminate a potential hazard.
It was further advised that pursuant to procurement regulations, the City
is required to foster competition; to comply, staff solicited general (prime)
contract bids for the project from six 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
specialized, four specialty subcontractors were invited to provide the work; all
work will be completed by the end of September 2004, during the period when
seating in the Auditorium is being replaced; and at the present time, the
Auditorium is not in use and is not scheduled to be in use until the first week in
October.
The City Manager pointed out that a meeting was held at the Auditorium
on July 22, 2004, to distribute documents and to review the work; only one bid
was received on July 28, in the amount of $246,757.00, from Newcomb Electric
Company., Inc.; other contractors invited to submit bids did not do so for
different reasons, ranging from their current workload to requirements that the
project be bonded; it is intended to award a contract for the amount indicated
to eliminate a potential hazard and to have the work completed within the time
frame indicated; and, as required by the City Charter, the communication is
intended for information purposes only and no action by the Council is
required.
Mr. Fitzpatrick moved that the communication be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
OATHS OF OFFICE-FIRE DEPARTMENT-COMMITTEES-ROANOKE ARTS
COMMISSION-COURT COMMUNITY CORRECTIONS BOARD-YOUTH-PENSIONS-
CABLE TELEVISION: The following reports of qualification were before Council:
Mark K. Cathey as a member of the Board of Fire Appeals for a term
ending June 30, 2008.
152
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.
Mark C. McConnel as a member of the Roanoke Arts Commission
for a term ending June 30, 2007.
filed.
vote:
Mr. Fitzpatrick moved that the reports of qualification be received and
The motion was seconded by Mr. Dowe and adopted by the following
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
PARKING FACILITIES: The City Manager submitted a communication
advising that 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, Council
authorized the issuance of $2.0 million in general obligation bonds for the
project, with remaining funds to come from a future bond issue; Council also
153
authorized appropriation of $600,000.00 in advance of bond issuance for the
project; the 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 and the other at Campbell/Salem
Avenues; authorization is needed to move forward with acquisition of the
necessary property rights; and total acquisition costs for consideration and
related expenses such as title reports, environmental inspections, and
relocation are estimated to be $1.2 million.
The City Manager recommended that she be authorized to acquire fee
simple title to certain property, as more fully described in an attachment to the
report, subject to acceptable environmental inspection and title report; and
such property rights may be acquired by negotiation or eminent domain.
Mr. Cutler offered the following ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 69, page 53.)
Mr. Cutler moved the adoption of Ordinance No. 36799-080204. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
HEALTH DEPARTMENT-BLUE RIDGE COMMUNITY SERVICES: The City
Manager submitted a communication advising that 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, ].950,
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 approve a
Performance Contract; and the City of Roanoke has established Blue Ridge
Behavioral Healthcare, pursuant to the above referenced statutory provision, as
the Community Services Board.
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It was further advised that Blue Ridge Behavioral Healthcare has
submitted the Fiscal Year 2005 Community Services Performance Contract to
ensure delivery of publicly funded services and support to citizens of the
Commonwealth of Virginia 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; and Section 37.1-198B, Code of Virginia,
1950, as amended, requires all governing bodies for the localities served by the
Community Services Board to approve the Community Services Performance
Contract.
The City Manager recommended that Council adopt a measure approving
execution of the Blue Ridge Behavioral Healthcare Fiscal Year 2005 Performance
Contract and that the City Manager be authorized to execute any required
documents to enter into the Performance Contract with the Blue Ridge
Behavioral Healthcare Board.
Mr. Dowe offered the following resolution:
(#36800-080204) A RESOLUTION approving
execution of the Blue Ridge Behavioral Healthcare
Contract, upon certain terms and conditions.
and authorizing the
FY 2005 Performance
(For full text of Resolution, see Resolution Book No. 69, page 55.)
Mr. Dowe moved the adoption of Resolution No. 36800-080204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
BUDGET-GRANTS-POLICE DEPARTMENT: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice
Services (DCJS) provides grant funding for development and improvement of
criminal justice records systems; and 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.
155
it was further advised that in December 2001, DCJS awarded the Roanoke
Police Department $165,400.00 to automate IBR Field Reporting and data entry,
thereby ensuring quality current data availability to officers and investigators;
and on June 21, 2004, DCJS awarded the Roanoke Police Department
$72,323.00 ($18,081.00 of which must be a cash match from the City) to
continue automation efforts for the IBR Field Reporting system.
It was explained that success of the program is dependent upon full
transition of the Police Department and the Sheriff's Office to the same criminal
justice records system; grant funds will be used to create a seamless interface
of the two agencies and to allow for data sharing through the purchase of
additional Police-Pak software licenses along with JaiI-Pak and related start-up
licenses, equipment, and training; and the required cash match expense of
$18,081.00 will be shared equally by the Police Department and the Sheriff's
Office and is available in Police Department, Account No. 035-640-3302-2035,
and Sheriff's Office, Account No. 001-024-3310-2074.
The City Manager recommended that Council accept the grant and that
she be authorized to execute a Statement of Grant Award/Acceptance; and that
Council appropriate $54,242.00 from the Criminal Justice Record System
Improvement Continuation Program and transfer $9,041.00 from the Police
Department, Account No. 035-640-3302-2035 (Federal Asset Forfeiture), and
$9,040.00 from the Sheriff's Office, Account No. 001-024-3310-2074 (Inmate
Phone Commission), to Grant Fund, Account No. 035-640-3411, established by
the Director of Finance as follows:
Account Object Code Amount
Fees for Professional Services 2010
Expendable Equipment 2035
Publications & Subscriptions 2040
$ 3,828.00
2,000.00
66,495.00
Total $72,323.00
Mr. Dowe offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 69, page 56.)
Mr. Dowe moved the adoption of Ordinance No. 36801-080204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
156
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
Mr. Dowe offered the following resolution:
(#36802-080204) A RESOLUTION authorizing the acceptance of a
Criminal Justice Records System Improvements Continuation 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.
(For full text of Resolution, see Resolution Book No. 69, page 57.)
Mr. Dowe moved the adoption of Resolution No. 36802-080204. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Comprehensive Services Act (CSA), which was
established in 1993, provides residential and non-residential treatment
services to troubled and at-risk youth and to their families through a
collaborative system of state and local agencies, parents, and private sector
providers; services include mandated foster care, certain special education
services, and foster care prevention; and CSA also provides services to certain
targeted non-mandated populations.
It was further advised that upon completion of the year end processing of
transactions and various accounting entries, CSA expenditures totaled
$9,838,164.00 for fiscal year 2004; expenditures exceed the current CSA
budget of $9,500,000.00 by $338,164.00; program revenue from cost
recoveries will be $106,038.00 higher than anticipated, and State revenue will
be $17,209.00 lower than anticipated, which results in the need for
$249,335.00 in additional local funds; additional funding is for mandated
services for at-risk youth; and actual expenditures are higher than anticipated
primarily because of the local match required for Medicaid eligible expenses.
157
The City Manager recommended that Council:
Increase the General Fund Revenue estimate for CSA in the net amount
of $88,829.00 (an increase in revenues from charges for services of
$106,038.00 and a decrease in revenues from the Commonwealth of
Virginia of $17,209.00) and appropriate funding to expenditure
accounts outlined below.
· Transfer funding in the amount of $249,335.00 from the following
Department of Social Service accounts:
Natural Gas (001-630-5311-2024) - $28,090.00
Other Rental (001-630-5311-3075) - $10,000.00
Expendable Equipment (001-630-5313-2035)- $14,000.00
Supplemental Security Income (001-630-5313-3116) - $55,000.00
ADC Foster Care (001-630-5314-3115) - $78,000.00
Fees for Professional Services (001-630-5315-2010) - $27,245.00
Other Rental (001-630-5316-3075) - $17,000.00
Employee Programs (001-630-5318-2043) - $20,000.00
· Appropriate funding in the amount of $338,164.00 to the following
accounts:
Medicaid Local Match (001-630-5410-3133) - $200,078.00
Foster Care (001-630-5410-3191) - $138,086.00
Mr. Fitzpatrick offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 69, page 58.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36803-080204.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. 0.
158
REPORTS OF COMMITTEES: None.
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:
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: 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.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member Lea
recognized former Council Member W. Alvin Hudson, Jr., who was recently
appointed by the Governor of Virginia to serve on the State Board of
Corrections.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-SPORTS ACTIVITIES:
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
Alfred T. Dowe, Jr., Director, of the Choir of Shiloh Baptist Church, who will
present a gospel concert in conjunction with the event.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member McDaniel
commended staff of the City's 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 of Roanoke by providing them with a
personalized greeting from City officials, information on local activities and
information on how to access City services, etc. She advised that
approximately 117 new homeowners have received the welcome package and
welcome packages will be provided to the top 20 apartment owners in the area
in an effort to reach occupants of rental properties.
159
CITY COUNCIL-RAIL SERVICE: Council Member Wishneff requested an
update with 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, 2004, at 12:00 noon in
Bedford, Virginia, at which time Dr. Martinez will provide an update on the
intermodal transportation issue.
CITY COUNCIL-NEWSPAPERS-BICYCLISTS: Council Member Wishneff
referred to an article written by Dan Kasey in a recent edition of The Roano/~e
Times 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.
CITY COUNCIL-CITY EMPLOYEES: 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.
HEARING OF CITIZENS UPON PUBLIC MA'I-rERS:
The Mayor advised that Council sets this time as a priority for citizens to
be heard and matters requiring referral to the City Manager will be referred
immediately for any necessary and appropriate response, recommendation or
report to Council.
ARMORY/STADIUM: The Reverend John Kepley, 2909 Morrison Street,
S. E., advised that it has been over one year since 7,000+ citizens of the City of
Roanoke signed a petition in favor of saving Victory Stadium and, for many, it
has been a long and tedious year; however, it appears that some Members of
City Council have not heard what the citizens of Roanoke have said; i.e. they
want to save and to renovate Victory Stadium. He stated that the more than
7,000 people who signed the petition are good and reasonable people and they
expect Council to do the good and reasonable thing which is to renovate
Victory Stadium.
POLICE DEPARTMENT-SCHOOLS: Ms. Alice Hincker, 4024 South Lake
Drive, S. W., spoke with regard to the proposed Geographic Policing Plan for the
City of Roanoke Police Department. She stated that she attended the 9:00 a.m.
Council briefing and left the meeting with numerous questions; however, her
primary question is, if the Police Department is so concerned about expanding
its community policing initiatives, why was the community not allowed to
provide comment during planning discussions that have taken place biweekly
since January. She advised that City officials would not discuss concerns of
citizens with regard to potential negative affects of geographic policing on the
School Resource Officer program; organizations that are concerned about the
delivery of service in the schools requested that the School Resource Officer
160
program remain intact and be designated as a specialized unit, such as the
K-9, or the proposed power shift units, as opposed to dividing the program
between each of the zones that contain a school. She inquired if attendance
zones will be redrawn to require that children will attend school in the same
police zone in which they live. She stated that Police lieutenants are against
placing the School Resource Officer program under the geographic policing
system and other Police Departments that currently use geographic policing
have advised against including School Resource Officers under geographic
policing. She noted that a Sergeant in the School Resource Officer program is
being punished for the role he played in bringing school safety issues to the
attention of the community and with the impending onset of geographic
policing, he has been permanently reassigned to the Delta Platoon which means
that he will have no further involvement with the SRO program which he has
supervised for many years. She stated that this retaliation against people who
are bold enough to do the right thing must stop.
ARMORY/STADIUM-SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue,
N. E., advised that School Resource Officer Butch Lewis should be reassigned to
Patrick Henry High School where he is known by students and faculty and is
familiar with the school campus.
He spoke in support of renovating Victory Stadium which has been a part
of the Roanoke Valley for many years, and advised that a track facility could be
constructed at one of the high schools and the field at Victory Stadium could be
raised to alleviate flooding issues.
ARMORY/STADIUM: Ms. Estelle McCadden, 2128 Mercer Avenue, N.
W., spoke in support of renovating Victory Stadium. She advised that Council
should provide the Stadium Study Committee with the necessary information to
complete its assignment and then allow the Committee to make its
recommendation(s) without interference by Council. She stated that Council
Members were elected to represent the citizens of the City of Roanoke, citizens
should be provided with the appropriate information to form good and
enlightened opinions, and Council should then base its decisions on the wishes
of the majority of Roanoke citizen's.
ARMORY/STADIUM-UTILITY LINE SERVICES-SCHOOLS: Mr. Winfred Noel,
2743 North View Drive, S. W., advised that he attended the Council's 9:00 a.m.
work session at which time the utility cut proposal was reviewed by Council. He
spoke in support of the proposed policy; however, the one quarter inch
tolerance provision is unrealistic and the problem rests in follow up by the City
to inspect utility cuts after pavement has settled.
161
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; therefore,
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.
COMPLAINTS-TAXES-ARMORY/STADIUM: Mr. Bob Caudle, 423! Belford
Street, S. W., offered his service as a member of the Stadium Study Committee.
He spoke in favor of resolving the stadium issue once and for all and advised
that if appointed to the Committee, he would support a detailed study on the
practicality of renovating Victory Stadium.
COMPLAINTS-TAXES-ARMORY/STADIUM: 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.
POLICE DEPARTMENT-SCHOOLS: 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 proposed 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 presented in detail to all key
administrative officials and Council will be provided with follow up information
as a result of the summit.
CITY MANAGER COMMENTS: None.
The Mayor declared the Council meeting in recess at 2:55 p.m., for a
Closed session.
The Council meeting reconvened at 4:25 p.m., in the City Council
Chamber, with all Members of the Council in attendance, Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Dowe and adopted by the following
vote:
162
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler,
Dowe, and Mayor Harris ............................................. 7.
NAYS: None .................................................. O.
COMMI'I-rEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the
term of office of Kathy S. Hill as a member of the Flood Plain Committee
expired on June 30, 2004; whereupon, he opened the floor for nominations to
fill the vacancy.
Mr. Cutler placed in nomination the name of Kathy S. Hill.
There being no further nominations, Ms. Hill was reappointed as a
member of the Flood Plain Committee for a term ending June 30, 2005, by the
following vote:
FOR MS. HILL: Council Members Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, Dowe, and Mayor Harris ....................................... 7.
COMMITTEES-PARKS AND RECREATION: The Mayor called attention to
vacancies on the Parks and Recreation Advisory Board, created by the
resignations of S. James Sikkema and Onzlee Ware, for terms ending March 31,
2005; whereupon, he opened the floor for nominations to fill the vacancies.
Mr. Cutler placed in nomination the names of Christene A. Montgomery
and Sharon L. Stinnette.
There being no further nominations, Ms. Montgomery was appointed to
fill the unexpired term of S. James Sikkema and Ms. Stinnette was appointed to
fill the unexpired term of Onzlee Ware, as members of the Parks and Recreation
Advisory Board, for terms ending March 31,2005, by the following vote:
FOR MS. MONTGOMERY AND MS. STINNETTE: Council Members
Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harris ........ 7.
COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor
advised there is a vacancy on the Roanoke Valley-Alleghany Regional
Commission to fill the unexpired term of Ralph K. Smith, ending June 30, 2006;
whereupon, he opened the floor for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of C. Nelson Harris.
There being no further nominations, Mr. Harris was appointed as a
member of the Roanoke Valley-Alleghany Regional Commission, to fill the
unexpired term of Ralph K. Smith, ending June 30, 2006, by the following vote:
163
FOR MR. HARRIS: Council Members Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, and Dowe ................................................... 6.
(Mayor Harris abstained from voting.)
COMMITTEES-ARMORY/STADIUM: The Mayor opened the floor for
nominations to the Stadium Study Committee; whereupon, Mr. Cutler placed in
nomination the names of 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, and
John H. Parrott.
There being no further nominations, Mr. Miller, Mr. Price, Ms. Mason, Mr.
Feldmann, Mr. Hanes, Mr. Hyning, Ms. Combs, Mr. Trinkle, Mr. Hale, Mr. Stuart,
Mr. Wilkins and Mr. Parrott were appointed as members of the Stadium Study
Committee by the following vote:
FOR MR. MILLER, MR. PRICE, MS. MASON, MR. FELDMANN, MR. HANES,
MR. HYNING, MS. COMBS, MR. TRINKL£, MR. HALE, MR. STUART, MR. WlLKINS
AND MR. PARROTT: Council Members Fitzpatrick, Lea, McDaniel, Wishneff,
Cutler, Dowe, and Mayor Harris ....................................... 7.
The Mayor announced that two additional members of the Stadium Study
Committee will be appointed at the next regular meeting of Council on Monday,
August 16, 2004, at 2:00 p.m.
There being no further business, the Mayor declared the meeting
adjourned at 4:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
164
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
August 16,2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 16, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36762-070604 adopted by Council on
Tuesday, July 6, 2004, which established the meeting schedule for the fiscal year
commencing July 1, 2004, and ending June 30, 2005.
PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff,
M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor
C. Nelson Harris ..................................................... 6.
ABSENT: Council Member Sherman P. Lea .......................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend David Walton, Pastor,
Belmont Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation to Mr. Brian Wilson
declaring Friday, August 27, 2004, as Hokie Pride Day.
ACTS OF ACKNOWLEDGEMENT-DOWNTOWN ROANOKE, INCORPORATED:
David Diaz, Executive Director, Downtown Roanoke, Inc., and Mike Dittrich,
Board Chair, Downtown Roanoke, Inc., advised that the Golden Trowel
Award was presented to the City of Roanoke at the Annual Meeting of
Downtown Roanoke, Inc., on August 10, 2004, as owner of a warehouse
building that was converted into office space through a partnership with
Carillon Health System and the Roanoke Valley Development Corporation,
as an initiative to locate more businesses in the downtown Roanoke area.
165
He stated that the Golden Trowel Award has been presented by Downtown
Roanoke, Inc., for the past 37 years in recognition of those persons and
organizations that have made outstanding improvements to buildings in the
downtown area.
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 seven requests for
Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
June 21, 2004, were before the body.
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by Mr.
Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, and
Mayor Harris ..................................................... 6.
NAYS: None ................................................. 0.
(Council Member Lea was absent.)
COMMI'i-rEES-CITY COUNCIL: 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, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
166
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
167
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene inaCIosed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia(1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene inaCIosed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
168
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from
Council Member Brian J. Wishneff requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3),
Code of Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of Council
Member Wishneff to convene in a Closed Meeting as above described. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
COMMI'I-rEES-COMMUNITY PLANNING-TOWING ADVISORY BOARD: A
report of the City Clerk advising of the qualification of the following persons, was
before Council.
William F. Clark as a member of the Towing Advisory Board, for a
term ending June 30, 2007; and
M. Rupert Cutler as a member of the Roanoke Valley Area
Metropolitan Planning Organization, to fill the unexpired term of
former Council Member William D. Bestpitch, ending June 30, 2005.
Mr. Fitzpatrick moved that the report of qualification be received and filed.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, and
Mayor Harris ........................................................ 6.
NAYS: NONE ................................................... 0.
(Council Member Lea was absent.)
169
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMONWEALTH'S ATTORNEY: Donald S. Caldwell, Commonwealth's
Attorney, advised that the Commonwealth Attorney's Office administers a cost
collection function which is geared toward collecting delinquent fines and
costs owed to the Commonwealth of Virginia and to the City of Roanoke.
He stated that avast majority of persons who come through the court system pay
their fines and court costs; however, approximately ten per cent do not which is
the ten per cent that the Cost Collection Unit was designed to address. He
advised that the program is now in its 11'h year of formal cost collection, over
$600,000.00 was collected this year in unpaid fines and costs, approximately
$75,000.00 will be returned to the City of Roanoke, and the program, which is
entirely self-sufficient, pays for itself.
(See Annual Report on file in the City Clerk's Office.)
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from
Donald S. Caldwell, Commonwealth's Attorney, advising that Federal funding was
made available to the Commonwealth of Virginia to be used for development of
several Multi-Jurisdictional Special Drug Prosecutors statewide; the positions
were developed to coordinate prosecutorial efforts among independent
jurisdictions, reduce fractional and duplicate prosecutions, enhance recovery of
criminal assets, utilize Federal, State and local resources to assure maximum
prosecutorial effectiveness and to provide specialized prosecutorial resources to
the regional drug enforcement effort; the Commonwealth's Attorneys of the
Counties of Craig, Franklin, and Roanoke, and the Cities of Roanoke and Salem
applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council,
the State agency responsible for administration of the grant money to fund the
Multi-Jurisdictional Special Drug Prosecutor position; Council accepted the Multi-
Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time
Special Drug Prosecutor was hired in July, 1988; and annual re-application for
funding is required.
It was further advised that on April 15, 1994, funding for the Drug
Prosecutor's Office was transferred from the Commonwealth's Attorneys'
Services Council to the Compensation Board; the Compensation Board approved
funding for the Drug Prosecutor, in the amount of $87,917.00 on June 17, 2004,
and funding will continue through June 30, 2005; the local match is $24,920.00,
for atotal of $112,847.00; and funding for the local share is available in General
Fund-Transfer to Grant Fund, Account No. 001-250-9310-9535.
170
The Commonwealth's Attorney recommended that Council accept funding
from the Compensation Board, in the amount of $87,917.00, with the City
providing a local match of $24,930.00; authorize the City Manager to execute
the necessary documents to obtain funding from the Compensation Board;
appropriate $87,917.00 in State grant funds and establish a corresponding
revenue estimate in accounts to be established by the Director of Finance in the
Grant Fund; and transfer $24,930.00 from the General Fund Transfer to Grant
Fund, Account No. 001-250-9310-9535, to the above referenced Grant Fund
account.
A communication from the City Manager recommending that Council
concur in the request of the Commonwealth's Attorney, and authorize the City
Manager to execute the necessary documents to obtain funding from the
Compensation Board, was also before the body.
Mr. Dowe offered the following budget ordinance:
(#36804-081604) AN ORDINANCE to appropriate funding for the Regional
Drug Prosecutor Grant, amending and reordaining certain sections of the 2004-
2005 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 59.)
Mr. Dowe moved the adoption of Ordinance No. 36804-081604. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
Mr. Fitzpatrick offered the following resolution:
(#36805-081604) A RESOLUTION authorizing the acceptance of funding
for the regional drug prosecutor's office from the Compensation Board of the
Commonwealth of Virginia and authorizing the acceptance, execution and filing
of appropriate documents to obtain such funds.
(For full text of Resolution, see Resolution Book No. 69, Page 60.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36805-081604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
171
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
BUDGET-COMMONWEALTH'S ATTORNEY: A communication from Donald S.
Caldwell, Commonwealth's Attorney, advising that in an effort to better fund law
enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal
government adopted a system of asset forfeiture whereby forfeited assets, under
certain conditions, could be returned to local law enforcement agencies, police
and prosecutors, for use in their fight against crime; in July, 1991, the Virginia
asset forfeiture statute, which generally is patterned after the Federal statute,
took effect providing that forfeited criminal assets may be returned to local
police and prosecutors for use in the fight against crime; periodically, assets
seized as evidence are ordered forfeited by the local courts to the police or the
Office of the Commonwealth's Attorney to be used for criminal law enforcement
efforts; and in August, 1991, a grant fund account for cash assets forfeited to
the Commonwealth's Attorney was established, with an appropriation of
$25,000.00.
The City Manager further advised that since August, 1991, the Office of the
Commonwealth's Attorney has expanded the $25,000.00 originally appropriated,
and periodically receives additional funds from the State's asset sharing
program; grant requirements include that funds be placed in an interest bearing
account and interest earned to be used in accordance with program guidelines;
revenues collected through June 30, 2004, for the grant are $188,255.00; and
interest collected through June 30, 2004, is $16,987.00; funding in excess of the
revenue estimate totals $20,001.00, and needs to be appropriated; and funds
must be appropriated before they can be expended for law enforcement.
The Commonwealth's Attorney recommended that Council adopt a budget
ordinance to increase the revenue estimates for Forfeited Criminal Assets,
Account No. 035-150-5140-7107, and Federal Criminal Assets Interest, Account
No. 035-150-5140-7275, in the amounts of $19,112.00 and $889.00
respectively, and appropriate funding to Forfeited Criminal Assets, Account No.
035-150-5140 in the Grant Fund.
A communication from the City Manager recommending that Council
concur in the request of the Commonwealth's Attorney, was also before the
body.
Mr. Dowe offered the following budget ordinance:
172
(#36806-081604) AN ORDINANCE to appropriate funds for Forfeited
Criminal Assets, amending and reordering certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 61.)
Mr. Dowe moved the adoption of Ordinance No. 36806-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See pages 186 and 189.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-STREETS AND ALLEYS-TRAFFIC: The City Manager submitted a
communication advising that the City intends to make improvements at the
intersection of Dale Avenue and Vernon Street to address traffic concerns;
businesses, whose employees stand to benefit from a new traffic signal, have
contributed funds toward construction cost of the project; Parts Depot and its
landlord have jointly contributed $50,000.00 and Hooker Furniture has
contributed $30,000.00, and funds have been recorded as revenues in the
Capital Projects Fund; the City is preparing to enter into a contract for signal
installation and the above referenced funds will be needed to accomplish the
work; and additional funds already in the Capital Projects Fund budget will be
added to the amount to fulfill the total project cost of approximately $93,000.00.
The City Manager recommended that Council appropriate $80,000.00 to
an account to be established by the Director of Finance in the Capital Projects
Fund entitled, "Dale Avenue and Vernon Street Intersection Improvements";
establish revenue estimates for those amounts received from third parties
as above described; and transfer $13,000.00 from Traffic Signals, Account No.
088-530-9812-9001, to a new account.
Mr. Fitzpatrick offered the following ordinance:
173
(#36807-081604) AN ORDINANCE to appropriate funding from third
parties for the Dale Avenue and Vernon Street Intersection Improvements Project,
amending and reordaining certain sections of the 2004-2005 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 62.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36807-081604. The
motion was seconded by Mr. Dowe.
The City Manager advised that this represents an excellent example of City
staff working with private businesses to improve an intersection; the City is
pleased to be a partner in the venture, and the majority of funding will come
from two private businesses whose employees and vendors will benefit, as well
as the general community.
Ordinance No. 36807-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a communication advising that under an agreement, effective July 1,
2002, the Roanoke Redevelopment and Housing Authority (RRHA) has been one
of two lead housing agencies for the Southeast By Design project; the RRHA is
continuing to conduct homeowner rehabilitation activities under the agreement,
which is scheduled to end on December 31, 2004; the 2004-2005 Consolidated
Plan Annual Update approved by Council on May 13, 2004, set aside up to
$260,000.00 in Community Development Block Grant (CDBG) funds to assist the
RRHA and Blue Ridge Housing Development Corporation (BRHDC), the other lead
housing agency, with its project-related overhead costs for the period from
July 1 through December 31, 2004; Council appropriated the necessary funding
on June 21, 2004, pursuant to Ordinance No. 36719-062104; and of the funds
set aside, the RRHA has requested $69,236.00 for its estimated overhead costs
for the six-month period.
It was further advised that Section 2-124 of the Code of the City
of Roanoke (1979) as amended, authorizes the City Manager to directly execute
amendments of up to $25,000.00 to Federally assisted subgrantagreements;
174
in order for the RRHA to access additional funding for overhead costs, approval
by Council is needed to amend the current agreement; currently, the RRHA
agreement includes a total of $1,471,162.00 in CDBG and HOME investment
Partnership Program (HOME) funds for Southeast project activities; and when
amended, CDBG and HOME funding will total $1,540,398.00.
The City Manager called attention to a separate report addressing
project-related overhead costs for BRHDC for the six-month period; taking
BRHDC's estimated overhead request into account, it is expected that a
balance of approximately $78,000.00 will remain of the $260,000.00 set aside,
which may be required for overhead costs related to RRHA and BRHDC housing
activities to be undertaken in Gainsboro, the next neighborhood in which agency
efforts will be concentrated; and any balance remaining thereafter will become
available for other eligible uses.
The City Manager recommended that she be authorized to execute
Amendment No. 2 to the 2002-2003 CDBG/HOMEAgreement with the RRHA, to
be approved as to form by the City Attorney.
Mr. Fitzpatrick offered the following resolution:
(#36808-081604) A RESOLUTION authorizing the appropriate City officials
to execute Amendment No. 2 to the Agreement dated July 1, 2002, with the
Roanoke Redevelopment and Housing Authority to conduct activities using
Community Development Block Grant and HOME Investment Partnerships
Program funds, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 63.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36808-081604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a communication advising that pursuant to an agreement effective
July 1, 2002, the Blue Ridge Housing Development Corporation (BRHDC) has been
one of two lead housing agencies for the Southeast ByDesign project; the BRHDC
is continuing to conduct homeowner rehabilitation activities under the
agreement, which is scheduled to end on December 31, 2004; the 2004-2005
Consolidated Plan Annual Update approved by Council on May 13, 2004,
175
set aside up to $260,000.00 in Community Development Block Grant (CDBG)
funds to assist BRHDC and the Roanoke Redevelopment and Housing Authority
(RRHA), the other lead housing agency, with project-related overhead costs for
the period from July I through December 31, 2004; Council appropriated the
necessary funds on June 21, 2004, pursuant to Ordinance No. 36719-062104;
and of funds set aside, the BRHDC has requested $112,722.00 for estimated
overhead costs for the six-month period.
It was further advised that Section 2-124 of the Code of the City of
Roanoke (1979) as amended, authorizes the City Manager to directly execute
amendments of up to $25,000.00 to Federally assisted subgrant agreements; in
order for the BRHDC to access additional funding for overhead costs, approval is
needed by Council to amend the current agreement; currently, the BRHDC
agreement includes a total of $1,300,697.00 in CDBG and HOME investment
Partnership Program (HOME) funds for Southeast project activities; and when
amended, CDBG and HOME funding will total $1,413,419.00.
The City Manager called attention to a separate report addressing project-
related overhead costs for the Roanoke Redevelopment and Housing Authority
(RRHA) for the six-month period; taking RRHA's estimated overhead request into
account, it is expected that a balance of approximately $78,000.00 will remain of
the $260,000.00 set aside, which may be required for overhead costs related to
RRHA and BRHDC housing activities to be undertaken in Gainsboro, the next
neighborhood in which agency efforts will be concentrated; and any balance
remaining will become available for other eligible uses.
The City Manager recommended that she be authorized to execute
Amendment No. 2 to the 2002-2003 CDBG/HOME Agreement with the BRHDC, to
be approved as to form by the City Attorney.
Mr. Cutler offered the following resolution:
(#36809-081604) A RESOLUTION authorizing the appropriate City officials
to enter into Amendment No. 2 to the 2002-2003 Community Development
Block Grant Program/HOME Agreement with the Blue Ridge Housing Development
Corporation to provide for increased funding for project-related overhead costs
for the period from July i through December 31, 2004, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 64.)
Mr. Cutler moved the adoption of Resolution No. 36809-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
176
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
COMMUNITY PLANNING-GRANTS-TOTAL ACTION AGAINST POVERTY: The
City Manager submitted a communication advising that Business Seed Capital,
Inc. (BSCI), originated in 1994 as the TAP Business Seed Loan Program, and was
incorporated as a separate non-profit organization in 2002; since its origin with
TAP ten years ago, BSCI has assisted over 1,200 persons with business
development training, over 550 persons with one-on-one counseling, over 50
new businesses with loans totaling $534,400.00, and over 220 persons with
starting or strengthening a business; on May 13, 2004, Council authorized BSCI's
Micro-Loan Program, pursuant to Resolution No. 36695-051204, which
approved the City's 2004-2005 Annual Update to the Consolidated Plan for
submission to the U. S. Department of Housing and Urban Development; Council
accepted 2004-2005 CDBG funds on June 21, 2004, pursuant to Ordinance No.
36719-062104 and Resolution No~ 36720-062104, pending receipt of an
approval letter from HUD; and the approval letter will be issued when Congress
completes its routine release process, which is now underway.
It was further advised that in order that BSCI may conduct its approved
2004-2005 Micro-Loan Program, authorization by Council is needed to execute a
subgrant agreement; necessary CDBG funding is available in accounts listed in an
attachment to the communication; a total of $100,000.00 will be provided to
BSCI to offer micro-loans to entrepreneurs for economic development; and it is
anticipated that at least 30jobs will be created and/or retained, of which at least
51% (16) will be held by or made available to Iow-to moderate-income persons.
The City Manager recommended that she be authorized to execute the
2004-2005 CDBG Subgrant Agreement with BSCI, to be approved as to form by
the City Attorney.
Mr. Dowe offered the following resolution:
(#36810-081604) A RESOLUTION authorizing the City Manager to enter
into a 2004-2005 Community Development Block Grant (CDBG) Subgrant
Agreement with Business Seed Capital, Inc., upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 65.)
Mr. Dowe moved the adoption of Resolution No. 36810-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
177
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a communication advising that convenient access to healthcare
services is among the needs that residents of the City's southeast neighborhoods
rate most highly; as a part of the $outheast...b?Desi~Tn(SEBD) project, Blue Ridge
Housing Development Corporation (BRHDC) has acquired property for housing
purposes; the Southeast Roanoke Healthcare Commission has requested that
BRHDC provide one of the vacant, undeveloped parcels that it has acquired with
private funds for use as the site of a future healthcare center; BRHDC is
agreeable to doing so, provided that it is reimbursed for acquisition, transfer and
related costs of approximately $15,000.00; the City is agreeable to the costs
being reimbursed from Federal Community Development Block Grant (CDBG)
funds already available in Account No. 035-G04-0420-5354 under the City-
BRHDC SEBD contract; however, neither the City's current Consolidated Plan nor
the contract make provision for such use of CDBG funds; therefore, it is
necessary for Council to approve an amendment to the Consolidated Plan as a
prerequisite to amending the City-BRHDC contract for this purpose.
It was explained that the change to the Consolidated Plan constitutes a
substantial amendment, which requires a 30-day public comment period; the
period began on July 15, 2004, and ends at 5:00 p.m. on August 16, 2004; no
objections have been received to date; plan amendment will become effective
upon expiration of the comment period, should no compelling objections be
received; it is expected that BRHDC will maintain possession of the selected
parcel until the Commission is legally constituted to hold title to the property, or
until another appropriate entity is identified or a mechanism is devised; and the
instrument to be used for transfer will provide the necessary assurances to the
City that the property will be used for the intended purpose within a reasonable
period of time, or shall be returned to the City for a housing or other suitable
community purpose.
The City Manager recommended that Council approve amendment of the
City's Consolidated Plan to allow the use of CDBG funds to reimburse BRHDC for
the cost of a property intended for a Southeast Healthcare Center, and authorize
the City Manager to execute and submit the necessary documents, to be
approved as to form by the City Attorney, to the United States Department of
Housing and Urban Development.
Mr. Dowe offered the following resolution:
178
(#36811-081604) A RESOLUTION authorizing the appropriate City officials
to execute an amendment to the Consolidated Plan for FY 2004-2005, providing
for the use of Community Development 8lock Crant funds to reimburse Blue
Ridge Housing Development Corporation for the cost of a vacant, undeveloped
parcel intended to be used as the site for a future healthcare center, upon certain
terms and conditions.
(For full text of Resolution, see Resolution 8ook No. 69, Page 66.)
Mr. Dowe moved the adoption of Resolution No. 36811-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
CITY PROPERTY-LEASES-SCHOOLS-CHURCH AVENUE PARKING GARAGE: The
City Manager submitted a communication advising that the Roanoke City Public
Schools ("Schools") has leased property located at 107 Church Avenue, S. W.,
from the City of Roanoke for the last 20 years for operation of the C.I.T.Y School
Program; and no agreement is currently in place between the City and the
Schools; however, both parties desire to enter into a lease agreement setting
forth the terms and conditions of the lease.
It was further advised that the proposed agreement permits the Schools to
lease space located in the Church Avenue Parking Garage for five years, with one
five-year renewal option; according to the proposed agreement, the Schools
would be responsible for maintaining and repairing all plumbing, heating, air
conditioning, electrical and any other appliance or equipment associated with the
property during the lease term and any renewals; and rent will be $1.00 per year,
with no parking to be included in the agreement.
The City Manager recommended that she be authorized to execute the
appropriate documents, to be approved as to form by the City Attorney, to lease
space at 107 Church Avenue, S. W., to the Roanoke City Public Schools for
operation of the C.I.T.Y. School program.
Mr. Dowe offered the following ordinance:
(#36812-081604) AN ORDINANCE authorizing the City Manager to
enter into an agreement with Roanoke City Public Schools for the lease of
space in the Church Avenue Parking Garage, located at 107 Church Avenue,
179
for the term of five years, with one five year renewal option, for the operation of
the CITY School program, 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. 69, Page 67.)
Mr. Dowe moved the adoption of Ordinance No. 36812-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
BUDGET-CITY INFORMATION SYSTEMS-SCHOOLS-WATER RESOURCES: The
City Manager submitted a communication advising that the Roanoke City Public
School System is participating with the City of Roanoke to upgrade financial and
HR/payroll applications in support of Council's objective of improving application
integration; the School system previously committed $]..5 million toward the cost
of implementing new software programs; and, in addition, the School system is
interested in adopting Lotus Notes applications currently used in the City,
including E-Mail, Applicant Tracking, Position Control and Employee Self-Service.
It was further advised that the City's Department of Technology (DOT) will
implement the above referenced applications to 25 administrative staff in the
School system, and the Schools will fund hardware and network upgrades to
support the applications; the School system has agreed to a $3,000.00 monthly
chargeback from the City to cover on-going computer support costs; and the
Western Virginia Water Authority currently uses Lotus Notes and other City
applications with support from DoT.
It was explained that the communication seeks authorization for adoption
of a new chargeback to Roanoke City Public Schools, and increases the current
Water Authority chargeback, to fund a permanent position to provide computer
support to the School system and to the Water Authority; a full time support
position is needed due to an increase in the number of users and applications
which cannot be supported with existing staff; by adopting existing City
applications, the Schools will save the cost of developing or purchasing similar
applications; the Schools can also leverage the City's organizational support
instead of creating support positions, and communications between City and
School administrative staff will be greatly enhanced by virtue of using the same
e-mail system.
180
The City Manager recommended that Council authorize addition of an
Information Center Technician position in the Department of Technology, to
provide on-going system support; authorize the Director of Finance to increase
the revenue estimate in the DoT fund in the amount of $7,500.00 from the Water
Authority, and establish a revenue estimate in the amount of $31,500.00 for the
remainder of the fiscal year from charges to the City Schools for support of
computer systems; and appropriate the following funds:
Account Object Amount
Regular Employee Salaries 1002
City Retirement 1105
ICMA Match 1116
FICA 1120
Hospitalization Insurance 1125
Dental Insurance 1126
Life Insurance 1130
Disability Insurance 1131
$29,377.00
2,798.00
650.00
2,239.00
3,300.00
221.00
333.00
82.00
Total $39,000.00
(Revenue and associated expenditure amounts will be adjusted during the annual
budgeting process to reflect a full year of activity for each fiscal year thereafter.)
Mr. Cutler offered the following budget ordinance:
(#36813-081604) AN ORDINANCE to appropriate funding for and provide
approval of an additional position for computer support of the Water Authority
and Schools and establish an internal billing revenue, amending and reordaining
certain sections of the 2004-2005 Department of Technology Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 68.)
Mr. Cutler moved the adoption of Ordinance No. 36813-081604. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
181
CITY ATTORNEY:
CITY CODE-LEGISLATION: The City Attorney submitted a written report
advising that recent changes to the Code of Virginia (1950), as amended
("Virginia Code"), by the State legislature have restricted the City's ability to
regulate pneumatic guns; whereupon, he transmitted copy of §15.2-915.4 of the
Virginia Code, effective July 1, 2004, which provides that such guns are defined
in the statute as "any implement, designed as a gun, that will expel a BB or a
pellet by action of pneumatic pressure" and includes guns commonly known as,
"paintball guns"; prior to amendment to the Virginia Code, the City prohibited
the discharge of such guns anywhere within the City limits; however, the State
now requires that localities permit the discharge of such guns within certain
areas, i.e.: approved shooting ranges and other property where firearms may be
discharged.
The City Attorney further advised that in order to bring the City Code into
conformance with Virginia Code enabling legislation, it is recommended that
Council adopt the appropriate City Code revision.
Mr. Cutler offered the following ordinance:
(#36814-081604) AN ORDINANCE amending §21-81, Discharge ofairgun,
gravel shooter, etc., to Article III, Weapons, of Chapter 21, Offenses -
Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to
regulate the discharge of certain guns and devices in the City; and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 69, Page 69.)
Mr. Cutler moved the adoption of Ordinance No. 36814-081604. The
motion was seconded by Ms. McDaniel.
Mr. Steven Blecher, 2643 Beverly Boulevard, S. W., inquired if paint ball
guns are in the same classification as air rifles; whereupon, the City Attorney
advised that it is proposed to amend the City Code in order to be consistent with
changes in State enabling legislation that became effective on July 1, 2004, by
adopting a new definition for "pneumatic guns" which the Commonwealth of
Virginia defines as including any implement designed as a gun that will expel a
BB or a pellet by action of pneumatic pressure, and the term also includes a paint
ball gun.
Mr. Blecher raised other questions in regard to the proposed City Code
amendment; whereupon, the Mayor suggested that he confer with the City
Attorney following the Council meeting.
Ordinance No. 36814-081604 was adopted by the following vote:
182
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Deputy Director of Finance submitted a
written report of the Director of Finance advising that fiscal year 2004 has come
to a close; whereupon, she presented the fiscal year 2004 unaudited financial
report, which financial data is subject to change during the course of the external
audit, and audited financial statements will be presented to Council at the first
meeting in December.
She advised that revenue estimate from all sources was $206,581,058.00,
while actual collections totaled $207,166,265.00; and General Fund revenues
exceeded the estimate by .28 per cent, or $585,207.00.
The Deputy Director of Finance stated that Council adopted Ordinance No.
26292 on December 6, 1982, which established a reserve of General Fund
balance for CMERP, specifically for maintenance and replacement of capital
equipment; and computed per the requirements of Ordinance No. 26292, CMERP
for fiscal year 2004 for the City is $1,501,240.00 and $766,981.00 for the
schools, for a total of $2,268,221.00, or 1.1 per cent of General Fund
appropriations.
General Fund Designated Fiscal year 2004 CMERP
City Allocation
School Allocation
Total General Fund CMERP
$ 1,501,240.00
766,981.00
$ 2,268,221.00
Ms. Shawver explained that the School Board will receive a portion of the
General Fund CMERP, per the revenue sharing agreement with the Schools, and
also retain the CMERPgenerated in the School Fund, which is consistent with the
method of allocating CMERP between the City and School Funds in prior years;
General Fund CMERP allocated to the Schools is $766,981.00; the amount of
CMERP generated by the School Fund is $704,354.00, or .6 per cent of School
Fund Appropriations; and total CMERP available to the Schools in both the
General Fund and the School Fund is $1,471,335.00.
183
School Fund Designated Fiscal Year 2004 CMERP
School Share of General Fund CMERP
School Fund CMERP
Total School CMERP
$ 766,981.00
704,354.00
$ 1,471,335.00
Council Member Dowe expressed appreciation to the City's leadership,
specifically the Department of Finance, for assisting Council in addressing
requests from citizens for service without increasing taxes. He encouraged City
staff to continue their efforts to identify other areas where City government can
operate as efficiently as possible.
Upon question by Council Member Cutler, the Deputy Director of Finance
advised that both the City of Roanoke and Roanoke County impose a 12 per cent
utility tax on water service, the tax is ongoing and will be transferred to the
Western Virginia Water Authority to fund operations for water service, and no
State surcharges have been added to local sewer and water bills to date by the
General Assembly.
Council Member Wishneff advised that the deficit in the Civic Facilities
Fund and the Market Building Fund is higher this year compared to last year and
inquired if a plan is in place to address the issue.
With reference to the Civic Center budget, the City Manager advised that
the subsidy to the Civic Center for this year was increased in an effort to
accommodate certain staffing needs that were reduced over the past several
years to the detriment of the maintenance and upkeep of the facility, and there is
also a financial impact associated with the loss of the hockey team. With regard
to the Market Building Fund, she called attention to vacant space in the City
Market Building that has not been rented for an extended period of time and it is
hoped when the heating and air conditioning upgrade is completed in the Market
Building, that the level of comfort will be improved and the space will be rented.
She advised that over an extended period of time the company operating the City
Market Building has negotiated with tenants on the common area maintenance
fee, which increased significantly over previous years as a result of the City
undertaking the expense of numerous repairs that should have been made in the
past but were avoided; and even though the City owned the building, the City has
now become more visible in its operation which has spurred tenants to make
more requests of the City than were made of the previous management firm. She
stated that a plan is in place to address future years.
Following further discussion, without objection by Council, the Mayor
advised that the report would be received and filed.
184
REPORTS OF COMMI'I-I'EES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the
body.
$169,550.00 for the Addison Community Learning Center. The
funds will be used to address the critical attendance, academic and
parental involvement needs of the community in a safe, supervised,
and nurturing environment, with 100 per cent to be reimbursed by
Federal funds.
$62,600.00 for the Patrick Henry Youth Court, to provide for the
supervision and necessary materials to continue the school-based
youth court at Patrick Henry High School, with 100 per cent to be
reimbursed by Federal funds.
· $15,000,000.00 for Phase I construction costs of the Patrick Henry
High School Project, with funds to be provided by City bond funds.
The Director of Finance submitted a written report recommending that
Council concur in the request.
Mr. Cutler offered the following budget ordinance:
(#36815-081604) AN ORDINANCE to appropriate funding for the Addison
Community Learning Center, Patrick Henry Youth Court and Patrick Henry High
School Project, amending and reordaining certain sections of the 2004-2005
School and School Capital Projects Funds Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 71.)
Mr. Cutler moved the adoption of Ordinance No. 36815-081604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
185
BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City
School Board advising that as a result of official School Board action on
August 10, 2004, the School Board adopted a resolution to participate in the
2004 Interest Rate Subsidy Program Bond Issue, the proceeds of which will be
used in lieu of the Literary Fund loan approved by the State for the Lincoln
Terrace Elementary School project; and the School Board will pay debt service on
the VPSA Interest Rate Subsidy Bond Issue, was before the Council.
It was further advised that use of the bond issue provides:
· An interest rate of three per cent-the same as the Literary Fund
loan rate.
The debt will not count against the $20 million Literary Fund loan
debt ceiling for the locality.
· The first debt service payment will not be due until the 2005-06
fiscal year.
The School Board requested that Council adopt a resolution indicating that
the City of Roanoke wishes to participate in the VPSA bond issue, and if the
application is approved by the VPSA Board, Council will be requested to hold a
public hearing and act on other procedural matters that may be required for
participation in the VPSA bond issue.
Mr. Dowe offered the following resolution:
(#36816-081604) A RESOLUTION authorizing and directing the City
Manager to file an application with the Virginia Public School Authority seeking
bond financing in an amount estimated not to exceed $1,300,000.00 to finance
certain capital improvements to Lincoln Terrace Elementary School, previously
approved pursuant to Resolution No. 36138-111802 and No. 36139-111802,
adopted by the Council at its November 18, 2002, meeting.
(For full text of Resolution, see Resolution Book No. 69, Page 73.)
Mr. Dowe moved the adoption of Resolution No. 36816-081604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
186
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY EMPLOYEES: Council Member Dowe commended participation by
Virginia Tech and the City of Roanoke in the Emerging Leaders Workshop which
was recently held at The Hotel Roanoke and Conference Center and was attended
by top African-American students from historically black colleges and
universities throughout the country. He also commended the City of Roanoke on
its recruitment efforts during the workshop.
SCHOOLS: Council Member Wishneff expressed appreciation to the
Roanoke City School Board for committing to increase the amount of funds
allocated for school safety.
TRAFFIC-COMMISSIONER OF THE REVENUE: Vice-Mayor Fitzpatrick
requested that the Commissioner of the Revenue be encouraged to use the City's
new branding image on 2005 City of Roanoke vehicle decals; whereupon, the
Mayor advised that he would communicate the request of Council to the
Commissioner of the Revenue.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
COMMITTEES-ARMORY/STADIUM: Ms. Pat Lawson, 1618 Riverside Terrace,
S. E., requested that Council appoint Ms. Alice Hincker to the Stadium Study
Committee.
CITY MANAGER COMMENTS: NONE.
At 3:10 p.m. the Mayor declared the Council meeting in recess for two
briefings by the City Manager and seven Closed Sessions. The meeting
immediately reconvened in the Council's Conference Room.
CITY EMPLOYEES: The City Manager introduced a briefing on the Employee
Development Program. She advised that the City of Roanoke has invested a
considerable amount of time and resources in the development of its employee
workforce and it is appropriate to share with Council the myriad of activities that
are currently underway to ensure that City employees not only have the benefit of
187
multi-opportunities to progress in their own career, but that the City
organization is ready for whatever the future holds in terms of vacancies and
other opportunities, etc. She stated that in the past, concerns have been
expressed that the City of Roanoke goes outside of the City organization to fill
certain key positions, therefore, to address that concern, the City has embarked
on an ambitious and worthwhile program that has seen tremendous progress and
could be emulated by other localities.
Kenneth S. Cronin, Director, Human Resources, advised that the goals of
employment development are to improve the quality of services provided to
citizens, to prepare employees for career opportunities within the City; to "grow
our own" and "increase our bench strength"; to support employee development
at all levels of the organization; to prepare future leaders; and to review
employee development goals at least annually in the performance appraisal
process.
He advised that the City's program provides for new employee orientation;
general and technology course offerings at the Employee Learning Center; on the
job training provided in departments, i.e.: public safety academies, field training
officer, introduction to department operations, learning a new filing system and
understanding departmental policies and procedures; the Tuition Assistance
Program allows pre-payment for courses and covers courses outside of the
employee's primary job area; and, in addition to the Employee Development
Program, other programs include Foundations for Leadership Excellence, Leading
Educating and Developing, Senior Executive Institute, Leadership Development
Initiative, and Leadership Roanoke Valley.
Mr. Cronin reviewed the following programs:
Employee Development program - Initiated in 2001, is open to all
employees, offers education and development planning, skill and
interest inventories, one-on-one coaching and access to avariety
of educational venues; 93 employees participate (52 per cent
women and 42 per cent minorities); ten employees have secured
new positions, 14 employees have enrolled in degree programs
and 33 employees have completed formal development plans.
Foundation for Leadership Excellence Program - An entry-level,
one week introduction to leadership for new and prospective
supervisors since 1990; the program is on-site at the Employee
Learning Center; emphasis is placed on work planning,
delegation and employee motivation; there is atarget audience of
over 250 supervisors and team leaders; the City's goal is to have
all new supervisors participate; and a new partnership with
Ferrum College will be initiated in 2004 that provides college
credit.
188
Leading, Educating and Developing (LEAD) Program-An
experimental program designed to renew leadership practices
and to create organizational changes, emphasizing democratic
principles and systems thinking; the program is delivered
through The Weldon-Cooper Center at the University of Virginia;
approximately 54 City employees have attended the week-long
residential program since 1990; and in 2004, a LEAD Alumni
Group was formed to inculcate and expand practices through the
organization.
Leadership Roanoke Valley Program - An interactive ten month
program which is intended to help participants better understand
issues facing the Roanoke region; creative ideas and approaches
help to build leadership skills and show participants how to make
a difference in business and the community; monthly programs
are created, organized, funded and facilitated by participants
under the guidance of curriculum counselors; and programs
address economic development, technology, education, Quality of
life and community involvement.
Senior Executive Institute - Helps executives explore the
changing environment and enhance their personal and
professional skills; aligns service, community, democracy with
the roles and responsibility of leadership and four current senior
managers have participated.
Leadership Development Initiative - A new, flagship program,
custom designed to increase the leadership and management
skills of 124 middle managers; the program is intended for future
City leaders based upon a set of 16 leadership competencies, and
includes formal skills assessment, formal competency training
provided by Radford University and bi-monthly leadership
forums; and includes follow-up assessment to determine content
actually learned and special project assignments for on-the-job
application.
Competencies of the Leadership Development Initiative:
Continuous improvement - improving service and delivery
production, quality and innovation.
Embraces change - increasing success and reducing stress in times
of change.
Orientation to the future - improving strategic thinking consistent
with City/County vision, values and mission.
189
Financial and Resource Management - learning finance concepts,
tools, applications for managers with something other than finance
backgrounds.
Communication and interpersonal relations (two competencies)-a
licensed program that focuses on conflict management and
relationship building.
Team Leadership-focusing on basic team dynamics and how
communication styles support team leadership and effectiveness.
Personal Integrity - teaches importance of making fair decisions
based on facts and maintaining confidentiality.
Personal and individual learning skills learn how to coach
individuals to achieve personal and professional growth.
Performance management - defining goals, formulate action plans
and monitor progress; teaches managers to clearly state
expectations and to conduct effective needs assessments.
Employee development/coaching - changing
performance to desired performance, while
relationships.
unacceptable
maintaining
Personal accountability- managers learn to accept responsibility for
their own actions.
Conflict resolution - giving managers the tools they need to analyze
conflicts and resolve productivity.
Critical thinking - evaluating information to arrive at decisions while
taking into account impact of action.
Customer orientation - effectively meet expectations for customers.
Technological competency - applying Microsoft Suite software for
managerial decision-making and organizational performance.
Policy and procedure development/implementation - identifying
need and understanding the practical aspects of policy development
and implementation.
Following Mr. Cronin's presentation and in the interest of time, the Mayor
suggested that if Members of Council have questions, they should be addressed
to the City Manager and/or to Mr. Cronin following the meeting.
190
CITY EMPLOYEES: The City Manager advised that Council Member Wishneff
previously requested a briefing on the City of Roanoke's application of the Family
and Medical Leave Act; whereupon, she called upon Kenneth S. Cronin, Director,
Human Resources.
Mr. Cronin advised that the Family and Medical Leave Act (FMLA) was
adopted by Congress and signed into law in 1993, the purpose of which was to
balance the demands of the work place and the needs of families; under the Act,
employees are allowed up to 12 weeks as time off due to their own serious
health condition or that of certain family members; and birth or adoption of a
child qualifies for FMLA.
He further advised that the impact of FMLA upon the City of Roanoke
and its employees has been minimal; the City, like many local governments
in 1993, already had in place generous leave plans for its employees,
therefore, compliance with the FMLA has been relatively easy to achieve;
the City of Roanoke has a comprehensive package for employees, including long
term disability, as well as pension plan provisions that help to meet the
unforeseen need of employees when a disability occurs; health and dental
premium portions paid by the City continue during the FMLAtime; paid forms of
leave run concurrently with FMLA time off; and job protection is provided while
on FMLA time off, but ends at the conclusion of FMLA time.
Mr. Cronin stated that a survey was conducted of the following local
governments to determine standard practices in the marketplace in regard to the
charging method of FMLA time:
Alexandria
Arlington County
Bedford Blacksburg
Charlottesville
Chesapeake
Chesterfield County
Commonwealth of
Virginia
Danville
Fairfax County
Hampton
Harrisonburg
Henrico County
Loudon County
Lynchburg
Martinsville
Newport News Norfolk
191
Portsmouth
Richmond
Roanoke
Roanoke County
Salem Staunton
Virginia Beach
York County
He advised that of the above listed 25 employers surveyed, only three,
Arlington County, Danville and Salem, do not charge FMLA and paid forms of
leave concurrently.
Council Member Wishneff advised that the spirit of the FMLA in 1993 was
to protect the employment status of employees who experienced family
situations to ensure that the employee would not Iosetheirjob. He inquired as
to why any employee would abuse the system inasmuch as they would not be
compensated and it would appear that only a few City employees would be
affected in any given year. He asked that consideration be given to enacting a
system similar to Salem, Danville and Arlington County to provide that once the
employee exhausts paid leave, the employee would have the option to use
unpaid leave.
During a discussion of the FMLA, it was noted that the matter was brought
up during the May 2004 Councilmanic campaign by a specific group of City
employees and the issue does not appear to be a matter of concern to City
employees overall; there is no reason to change the way in which the City
administers the FMLA when the majority of governments in the Commonwealth
of Virginia have concluded that paid forms of leave run concurrently with FMLA;
and the City of Roanoke has a lenient policy in comparison to the private sector.
The City Manager advised that currently, the City has two leave plans, the
old leave plan and the new leave plan; under the old leave plan employees can
exhaust any leave which is earned on an annual basis and on July 1 of each year,
leave time is replenished. She stated that she would like to meet with Council
Members to discuss the City's leave policies in more detail.
The Mayor requested that Council be provided with complete information
regarding both leave plans in order to have a frame of reference from which to
move forward.
Following discussion, it was the consensus of Council to meet with the City
Manager informally to discuss both leave plans and that Council Members will be
provided with pertinent information regarding both leave plans.
At 5:10 p.m., the Council met in Closed Session in the Council's
Conference Room.
192
At 7:00 p.m., on Monday, August 16, 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
C. Nelson Harris presiding.
PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff,
M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor
C. Nelson Harris ..................................................... 6.
ABSENT: Council Member Sherman P. Lea .......................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
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 McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
COMMITTEES-ARMORY/STADIUM: Mr. Cutler moved that Patricia Cronise
and Richard Kepley be appointed as additional members of the Stadium Study
Committee. The motion was seconded by Mr. Fitzpatrick and adopted.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
PUBLIC HEARINGS:
193
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of C. Douglas and Ana P. Corbin to
permanently vacate, discontinue and close the southernmost portions of Thyme,
Linden and Pink Streets, S. E., at their intersections with Ivy Street, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rnes on Friday, July 30, 2004, and Friday, August 6, 2004.
A report of the City Planning Commission advising that the subject
portions of right-of-way are unimproved; the petitioners' driveway currently
extends across the subject portion of Linden Street between Official Tax Nos.
4041711 and 4041813; the petitioners own adjoining parcels, of land described
as Official Tax Nos. 4041711, 4041813, 4041908-1041910 inclusive, and
4041405, which adjoins Pink Street to the northeast, and is not owned by the
petitioners, was before Council.
It was explained that the attorney for the petitioners reports that his clients
would be required to combine all of their parcels with the vacated portions of
right-of-way and they agree not to further subdivide the parcel thereafter.
The City Planning Commission recommended approval of the request,
subject to certain conditions as more fully set forth in the report, and further
recommended that the petitioners not be charged for the rights-of-way; and, in
exchange, the petitioners will record a plat combining all parcels of land and
vacated rights-of-way into one single parcel, with the plat to state that the
combined property will not be further subdivided.
Mr. Dowe offered the following ordinance:
(#36817-081604) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke, Virginia, as
more particularly described hereinafter; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 74.)
Mr. Dowe moved the adoption of Ordinance No. 36817-081604. The
motion was seconded by Mr. Fitzpatrick.
Daniel F. Layman,Jr., Attorney, appeared before Council in support of the
request of his clients.
194
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 36817-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Hollins Road Church of the Brethren,
Doris P. Fitzgerald, and John H. and Melba W. Burleson to permanently vacate,
discontinue, and close an alley located between the 800 blocks of Palmer Avenue
and Liberty Road, N. E., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 30, 2004, and Friday, August 30, 2004,
A report of the City Planning Commission advising that Hollins Road
Church of the Brethren initiated the petition in order to pursue construction of an
accessory structure on Official Tax No. 3131204; and owners of the two
adjoining properties have agreed to be co-petitioners and will provide easements
across their respective portions of the vacated alley, was before Council.
The City Planning Commission recommended approval of the request,
subject to certain conditions as more fully set forth in the report and further
recommended that the petitioners be charged $2,495.00 for the alley.
Mr. Dowe offered the following ordinance:
(#36818-081604) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke, Virginia, as
more particularly described hereinafter; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 77.)
Mr. Dowe moved the adoption of Ordinance No. 36818-081604. The
motion was seconded by Mr. Fitzpatrick.
195
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing.
Douglas W. Noell, representing Hollins Road Church of the Brethren,
advised that for the last 50 years, the Church has used the alley as its main
location for ingress and egress, and the Church has paved and maintained the
alley without assistance from the City. Therefore, he requested that the alley be
donated to the Church in order to control ingress and egress to the property and
to construct a shelter for Church related activities. He stated that the City
Planning Commission recommended that the Church be charged $2,495.00 for
the alley, however, since Hollins Road Church of the Brethren is supported by a
small congregation, it is requested that Council reduce the amount by one half.
Upon question, the City Manager explained that for many years the City
disposed of alleys and paper streets without payment; and approximately five
years ago, Council was requested to change the policy, with a recommendation in
each instance to be submitted by the City Planning Commission. She advised
that during her tenure as City Manager, she could recall only one occasion when
Council chose to place avalue on the property that was different from that which
was recommended at the City Planning Commission or staff level, and in that
specific instance, itwas the decision of Council to reduce the dollar amount. She
further advised that she was not aware of any instance when the City offered an
extended payment provision for a petitioner and the options available to Council
include accepting the recommendation of the City Planning Commission as to
value, or to consider a lesser value; however, an extended period of time or a
payment plan is not an option that the City would generally consider.
There being no further speakers, the Mayor declared the public hearing
closed.
Mr. Fitzpatrick moved that paragraph one, page 3, of Ordinance No.
36818-081604 be amended to provide that the petitioner will be charged
$2,000.00 instead of $2,495.00 for the alley. The amendment was seconded by
Mr. Cutler and adopted.
Ordinance No. 36818-081604, as amended, was adopted by the following
vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
196
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of 2123 Crystal Spring Avenue, LLC, that proffered
conditions presently binding upon a tract of land located at 2123 Crystal Spring
Avenue, S. W., identified as Official Tax No. 1050514, as set forth in Ordinance
No. 34734-040300, be repealed and replaced with new proffered conditions, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 30, 2004, and Friday, August 6, 2004.
A report of the City Planning Commission advising that Official Tax No.
1050514 was conditionally rezoned CN, Neighborhood Commercial, Conditional
from C-1, Office District, in April, 2000; the petition requests an amendment to
the proffered conditions in order to locate more than one restaurant on the
subject parcel; and proffered conditions to be repealed are:
The use of the property will be for a restaurant, with no provision for
drive thru or delivery service. The petitioner also reserves the right
to use the property for general and professional offices, including
financial institutions, medical offices or medical clinics.
Parking for the restaurant will be provided using the existing
parking located in the rear of the property and additional off
premises facilities as arranged by the property owner or tenant as
certified by the Zoning Administrator to meet parking requirements
of one space for every 200 square feet of net floor area plus one
space for every employee. In the event the property is used for
general and professional offices, including financial institutions,
medical offices or medical clinics, certification must be provided that
there is one space for every 300 square feet of net floor area.
The exterior of the existing structure will not be altered except:
(a)
in compliance with minimum building code requirement for
the change of use of this building
(b) to provide the necessary handicap accessible structures
(c)
cosmetic enhancements such as painting, signage, lighting,
awnings, shutters, and similar cosmetic changes.
The Planning Commission further advised that the petitioner requests that
the following proffered conditions be substituted and adopted:
197
Uses of the property shall be limited to the following:
(a) Restaurants, with no drive though window;
(b) General and professional offices, including financial
institutions;
(c) Medical offices; and
(d) Medical clinics, if a special exception is granted.
Off-street parking shall be provided using the existing parking
located in the rear of the property and additional off premises
facilities as arranged by the property owner or tenants as certified
by the Zoning Administrator to meet the following parking
requirements of:
For restaurants, one (1) space for every 200 square feet of net
floor area plus one (1) space for every employee at the highest
shift; and
For general and professional offices, medical offices, or
medical clinics, one (1) space for every 300 square feet of net
floor area.
The exterior of building A (see exhibit B for building designations) shall
not be altered except:
in compliance with minimum building code requirement for
the change of use of this building
to provide the necessary handicap accessible structures
cosmetic enhancements such as painting, signage, lighting,
awnings, shutters, and similar cosmetic changes
Given previously proffered conditions on the property and the limited
impacts of the proposed amendments to the proffers, the City Planning
Commission recommended approval of the requested amendment of proffers on
the subject property.
Mr. Dowe offered the following ordinance:
(#36819-081604) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code
of the City of Roanoke (1979), as amended, and Sheet No. 105, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally zoned CN, Neighborhood
Commercial District; and dispensing with the second reading by title of this
ordinance.
198
(For full text of Ordinance, see Ordinance Book No. 69, Page 79.)
Mr. Dowe moved the adoption of Ordinance No. 36819-081604. The
motion was seconded by Mr. Fitzpatrick.
Ray Craighead, Craighead and Associates, representing the petitioner,
appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No. 36819-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
(Council Member Lea was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Roanoke Gas Company that a portion of
Kimball Avenue, N. E., right-of-way bounded on the east by Official Tax No.
3015009, on the south by Official Tax No. 3105001, and extending from the
northwest corner of Official Tax No. 3105009, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 30, 2004, and Friday, August 6, 2004; and in The Roanoke
Tribune, on Thursday, August 5, 2004.
A report of the City Planning Commission advising that the petitioner
requests closure of an approximately 1,250 square foot portion of Kimball
Avenue, N. E., lying between two of its parcels; and due to the unusual
configuration of the portion of right-of-way, staff researched previous surveys of
the petitioner's property and checked City records to ensure that the property is
not needed for public use, was before the Council.
Considering that the proposed vacation will result in providing additional
parking area in support of existing development, the City Planning Commission
recommended vacation of the right-of-way, subject to certain conditions as more
fully set forth in the report, and further recommended a price of $3,125.00.
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Mr. Fitzpatrick offered the following ordinance:
(#36820-081604) AN ORDINANCE permanently vacating, discontinuing and
closing a certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 81.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36820-081604. The
motion was seconded by Mr. Dowe.
John D'Orazio, Chief Operations Officer, Roanoke Gas Company, appeared
before Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No. 36820-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... O.
(Council Member Lea was absent.)
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT
PLAN: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday,
August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request for Amendment of Vision 2001-2020, the City's Comprehensive
Plan, to include the Williamson Road Area Plan, the matter was before the body.
Legal advertisement of the public hearing was published in The
T/meson Friday, July 30, 2004, and Friday, August 6, 2004; and in TheRoanoke
Tribune on Thursday, August 5, 2004.
A report of the City Planning Commission advising that the Williamson
Road Area Plan identifies four high-priority themes:
2OO
· Creating a network of unique and identifiable places through
special site specific planning.
· Changing commercial land use patterns to respond to commercial
development needs.
· Improving the appearance and function of streets.
· improving the design of residential and commercial buildings and
sites.
The Plan proposes policies and actions in support of the following
priorities:
· Strategic Initiative areas - special places where site-specific
planning will be undertaken to identify improvement
opportunities.
· Limiting piecemeal expansions of general commercial zoning and
using zoning districts such as CN, Neighborhood Commercial,
which provide greater flexibility for expansion on existing land
and also expand parking options.
· Streetscapes and transportation improvements for arterial and
collector streets.
· Guidelines for residential and commercial development.
The City Planning Commission recommended adoption of the Williamson
Road Area Plan as a component of Vision 2001-2020.
Mr. Fitzpatrick offered the following ordinance:
"AN ORDINANCE approving the Williamson Road Area Plan, and amending
V/s/on 2001-2020, the City's Comprehensive Plan, to include the Williamson
Road Area Plan; and dispensing with the second reading of this ordinance by
title".
Mr. Fitzpatrick moved the adoption of the above referenced ordinance.
The motion was seconded by Mr. Cutler.
R. Brian Townsend, Agent, City Planning Commission, advised that:
Work on the Plan began in the Spring of 2003 and City staff
sponsored three community planning workshops between May
and July, 2003, at Breckinridge Middle School.
Following release of a draft Plan in February, 2004, staff
sponsored two additional workshops in March and April to give
residents and businesses an opportunity to review and comment
on the Plan.
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The City Planning Commission held a public hearing on the Plan
on June 17, 2004, and during the public hearing numerous
comments were made by the President of the Williamson Road
Area Business Association and others requesting the City
Planning Commission to consider a 30 day continuation for
further discussion and review of certain issues identified in the
Plan; and the Planning Commission granted continuation of the
public hearing until its July 2, 2004 meeting.
At its work session, the City Planning Commission discussed
concerns raised by the Williamson Road Area Business
Association and, in response, the Commission was of the opinion
that completion of the neighborhood planning process and the
resulting recommendations as they pertain primarily to future
land use in an adopted plan were an imperative prerequisite to
future zoning decisions that will be associated with adoption of a
new zoning ordinance which is anticipated for adoption in late
2004.
The City Planning Commission further determined that the land
use plan should be structured as a guide to future zoning
decisions, and should provide a general policy framework around
which zoning determinations could be made based on specific
circumstances and context existing in the neighborhood.
Concerns about revisions to the zoning ordinance text currently
underway are more appropriately communicated to the
appropriate forums that have been identified to address the
content of the specifically proposed districts or proposals for
introduction of certain site development standards and land uses
through the zoning ordinance steering committee and the City
Planning Commission
In consideration of the July 2, 2004, work session discussions,
the Planning Commission directed staff to review how the future
land use plan relates to future zoning decisions.
Revisions to the draft Plan were developed by staff prior to the
City Planning Commission's public hearing on July 15 at which
time the Williamson Road Area Business Association expressed
continued opposition to the Plan's future land use designation of
small and medium scale commercial businesses along the
Williamson Road corridor; the Roanoke Business Group also
spoke in opposition to the land use designations along the
corridor and noted six concerns in regard to neighborhood
commercial zoning.
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The Planning Commission noted that language on pages 37 and
38 of the Plan was revised to explicitly clarify the relationship
between proposed land use designations and future zoning
districts so as to allow for consideration and designation of
multiple zoning districts within certain commercial land use
designations, depending on the context, scale and existing land
uses found along the corridor.
The Planning Commission also noted that land use designations
contained in the Neighborhood Plan are not absolutely tied to any
specific zoning district category or content of the zoning
ordinance draft that is currently under review.
The Plan content also contains four general themes including
creating a network or unique and identifiable places through
special site specific planning, changing commercial land use
patterns to respond to commercial development needs,
improving the appearance and function of streets in the
neighborhood, and improving the design of residential and
commercial buildings and sites.
Based on consideration of the two public hearings in June and
July, revisions were made to the draft and the City Planning
Commission recommended approval of the Plan by a 7 - 0 vote.
The area along the Williamson Road corridor from Hershberger
Road to Liberty Road which is small and medium scale
commercial, that differ from other areas of the neighborhood
such as Valley View Mall, Crossroads Mall, and Towne Square
better fit the existing land use pattern along that part of the
corridor, with smaller buildings, smaller lots and less intensive
uses than found elsewhere in the neighborhood.
Language was added under the small and medium scale
commercial uses to address the relationship of the designation to
future zoning.
The area between Hershberger Road and Liberty Road along
Williamson Road is a commercial area; however, it exhibits a
development pattern that is different from its companion areas
elsewhere in the neighborhood that are more intensely
developed.
2O3
Regional commercial areas should be primarily designated with
large site commercial zoning, but may contain limited areas with
general commercial districts in an effort to tie the land use plan
and its context to a future zoning decision that would ultimately
be made by the City Planning Commission and the Council.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing.
William G. Via, President, Williamson Road Area Business Association
(WRABA), advised that the Board of Directors requests that Council not adopt the
Williamson Road Neighborhood Plan in its present format; the Board agrees with
many aspects of the Plan; however, it disagrees with the new designation that
zones a major portion of Williamson Road as CN; and the Board is of the opinion
that the proposed zoning changes will negatively impact growth and expansion
of businesses along Williamson Road and property values will suffer.
On behalf of the Board of Directors, Mr. Via offered cooperation in drafting
a new zoning ordinance and advised that the Board would like to work with the
City Planning Commission and City staff to address their concerns with regard to
the proposed zoning and appropriate implementation tools; and WRABA would
prefer that the Neighborhood Plan and the Zoning Ordinance be adopted
together.
Wendy Jones, 2714 Tillett Road, S. W., Member of the Board of Directors,
Williamson Road Area Business Association, advised that WRABA wishes to work
with the City on the Williamson Road Neighborhood Plan. She called attention to
certain excellent points in the Neighborhood Plan, however, there are certain
other points that need further clarification and/or review before the Plan is acted
on by Council. She requested that Council delay adoption of the Williamson Road
Neighborhood Plan pending further clarification.
Mr. Rick Williams, 3725 Sunrise Avenue, N. W., addressed Council as a
resident of the Williamson Road area, and spoke in support of the Neighborhood
Plan and encouraged its adoption by Council. He stated that the Plan identifies
issues of concern to the neighborhood, addresses a balance of interests, creates
a network of unique and specific identifiable places along Williamson Road,
includes substantial greenway initiatives and traffic calming, and provides
guidelines for the formalization of the function of streets like Oakland Boulevard
as framework streets by adding sidewalks and street trees, etc. He further stated
that the issue of small and medium scale commercial along Williamson Road will
not be detrimental to either businesses or adjoining neighborhoods and small
and medium scale commercial can be mapped in terms of zoning use as either
neighborhood commercial, commercial office, or C-2, General Commercial,
depending upon the scale of existing uses and the impact on nearby residential
204
areas. He advised that one of Williamson Road's biggest needs is pedestrian
accessibility and the promotion of a kind of neighborhood scale business model;
and some persons in the Williamson Road area believe that this is a business
model that will encourage greater business density and a more diverse business
mix on Williamson Road, while at the same time sustain and nurture both
businesses and nearby neighborhoods in the corridor. He stated that in the past,
residents of Williamson Road have had "no seat at the table"; businesses propose
to locate on Williamson Road, but there is no opportunity for residents to discuss
potential impacts, and the proposed Neighborhood Plan provides much greater
flexibility to do so, therefore, it is supported by manyWilliamson Road residents.
Ben A. Birch, III, 923 Curtis Avenue, N. W., representing the Airlee Court
Neighborhood Watch Association, advised that the Association requests that
Council not adopt the Williamson Road Neighborhood Plan in its present format.
He stated that after discussing the Plan as presently drafted, members of the
organization support a large portion of the Plan, but due to restrictions on
businesses in the large proposed CN areas, it is believed that this will damage
commercial growth in the area, and ultimately damage Williamson Road
neighborhoods and the City. He advised that the Airlee Court Neighborhood
Watch Association wants the business community to be healthy because
ultimately it depends on those businesses for jobs and taxes that support City
services.
Bill Tanger, Director, Roanoke Business Group, addressed the time line for
adoption of the Neighborhood Plan and advised that there is no need for the Plan
to be adopted before the new zoning ordinance is adopted. He advised that
there are approximately 30 neighborhood plans in the City of Roanoke which
periodically come up for adoption and/or revision, none of the plans are tied
directly to the zoning ordinance, and at the time the Plans were adopted, they
became a part of the zoning process that existed at the time. He stated that City
staff made certain revisions to the definitions of CN, CC and other commercial
zones at the request of the Williamson Road business community which was a
small step forward; however, what should have been done with the future land
use map is the area that now has been redefined as possibly allowing general
commercial or office commercial, as well as CN, should be changed so as to
remain in its most flexible category of general commercial, with the option of
also making some of the area CN or CC, etc. He added that the purposeofthe
future land use map is a general picture of what the City and residents of the
neighborhood would like to see in the future; and the neighborhood business
community would like to see the most flexible way to redevelop and to grow the
business area, thereby helping the neighborhood in both residential and
business. He stated that the Williamson Road business community would like to
work with the City to further clarify the Plan.
(See communication from Mr. Tan§er on file in the City Clerk's Office.)
205
Mr. Douglas Hart, 3801 Highwood Road, N. W., spoke in support of the
Neighborhood Plan because it provides diversity and interest centers in the
Williamson Road area and will create a more diverse community of businesses
and interaction with the neighborhood.
The City Attorney was requested to comment on the effect of the
Neighborhood Plan, if adopted by Council; whereupon, he advised that if adopted
by Council, the Plan will become an element of the City's Comprehensive Plan;
for many years, the City has been working to develop Plans for each of the
various City neighborhoods; and once the Plan becomes a part of the
Comprehensive Plan, the Plan has legal standing and becomes a guide for the
subsequent adoption of the zoning and subdivision ordinances and the zoning
map. He stated that zoning actions and the zoning ordinance are supposed to
be consistent with the Comprehensive Plan; and the problem, which is often
litigated in zoning, is that when one looks at a comprehensive plan, different
elements can be selected to make an argument for or against a particular zoning
action or zoning ordinance. He advised that Council has the option to amend the
Comprehensive Plan, or to amend the zoning ordinance or the zoning map in
conformance with the Comprehensive Plan.
Vice-Mayor Fitzpatrick offered a substitute motion that Council table action
on the Williamson Road Neighborhood Plan until the meeting of Council on
Monday, October 18, 2004, at 7:00 p.m., in order that City staff may address
specific concerns raised by previous speakers. The motion was seconded by
Council Member Wishneff.
Council Member Dowe inquired about the growth pattern of Williamson
Road businesses over the past five years; whereupon, Mr. Townsend advised that
C-2 zoning has been in effect for approximately 17 years and has not led to any
major development along the Williamson Road corridor, and, in fact, staff and the
City Planning Commission believe that it has had adverse impacts by allowing a
wrong mix of uses to pervade the corridor, and is the reason that the
Neighborhood Plan, as a policy document, did not define that part of Williamson
Road between Liberty Road and Hershberger Road in great detail; the City
Planning Commission has confirmed that three zoning districts would be
considered appropriate within the guidelines or the policy set by adoption of the
plan; i.e.: neighborhood commercial, corridor commercial or general
commercial, and commercial office; and all three of the designations are
currently under review by the zoning ordinance steering committee for content,
zoning regulations, and permitted uses, which will be followed by a decision of
the City Planning Commission on how to map those specific zoning districts
within the confines or perimeters identified by the land use plan. He stated that
his concern with regard to delaying action on the plan is that without some policy
direction, the steering committee, staff and the City Planning Commission have
no guide upon which to evaluate zoning regulations as they evolve over the next
two months; and the steering committee is moving forward in its review of the
206
proposed ordinance and intends to submit a draft of the ordinance to the City
Planning Commission by September, 2004. He added that when it is time to
review the zoning map that would accompany the zoning changes, without an
adopted land use plan, there are no guides upon which to make a
recommendation on the zoning regulations to the City Planning Commission or
to the City Council. He advised that the Planning Commission was of the opinion
that the flexibility identified in the land use plan in the area between
Hershberger and Liberty Roads is flexible enough to provide both staff, the City
Planning Commission and ultimately the City Council, the perimeters on which
they could make a reasoned zoning decision once they have the content of the
ordinance and the proposed map before them and without any policy adoption
prior to that time, it would be difficult to develop a plan and its implementation
parallel. He added that State law encourages that comprehensive plans be
prepared first, followed by all other activity, and zoning decisions are the
number one tool for implementation of any comprehensive plan, other than
operating budgets and capital budgets; and zoning is the way in which
development and use of land is regulated. Therefore, he advised that delaying
the policy decision will, in effect, hinder development of implementation from a
land use regulatory point of view.
Following further discussion and questions by Council Members, the
substitute motion offered by Mr. Fitzpatrick, seconded by Mr. Wishneff, to table
action on the matter until the regular meeting of Council on Monday, October 18,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in order
that City staff may address concerns raised by speakers, was adopted.
At 8:05 p.m., Council Member Cutler left the meeting.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke that a tract of land located at the
intersection of Orange Avenue and Blue Hills Drive, N. E., designated as Official
Tax No. 7160113, be rezoned from LM, Light Manufacturing District, to C-2,
General Commercial District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 30, 2004, and Friday, August 6, 2004.
A report of the City Planning Commission advising that the petitioner is
requesting the rezoning of Official Tax No. 7160113 from LM, Lighting
Manufacturing District, to C-2, General Commercial, Conditional, for the purpose
of permitting development of commercial uses at the entrance to the Roanoke
Centre for Industry and Technology (RCIT); and the petitioner proffers the
following conditions:
207
Principal permitted uses on the property shall be limited to the
following:
a. Restaurants;
b. Hotels, motels, inns;
c. Business service establishments;
d. Indoor recreational uses limited to a fitness center;
e. General and professional offices including financial
institutions; and
f. Day care centers with unlimited capacity subject to
requirements of Section 36.1-510 et seq.
There shall be no curb cuts on Orange Avenue/Route 460.
Freestanding signage shall be limited to one (1) per principal
permitted use development on the property.
Given the petitioner's consistency with Vision 2001-2020, the City
Planning Commission recommended approval of the request for rezoning,
subject to conditions proffered by the applicant; and the Planning Commission
requested that Council, in order to ensure that future development of the
property adheres to the principles and policies of Vision 2001 - 2020, the City's
Comprehensive Plan, require that a detailed site development plan, including
building perspectives and elevations, be submitted to the Planning Commission
for review and approval before the property, in whole or in part, is conveyed to a
potential buyer.
Mr. Dowe offered the following ordinance:
(#36821-081604) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 716, 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. 69, Page 83.)
Mr. Dowe moved the adoption of Ordinance No. 36821-081604. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing.
208
Ms. Linda Grome, 4050 Trail Drive, Roanoke County, advised that the City
of Roanoke annexed the rear portion of her property and then constructed an
industrial park in the early 1980's; when construction began on the industrial
park, homes in the area sustained damage due to a geological rock bed that runs
from the industrial park to the foundation of her home, and the geological rock
bed is located in the area proposed to be rezoned. She requested Council not
approve the rezoning without conducting the appropriate water runoff tests and
geological surveys and that the matter be referred back to the City Planning
Commission for further study and review.
Ms. Nancy Cawley Williams, 9149 Hardy Road, Vinton, Virginia, former
owner of the property located at 4050 Trail Drive from ].962-2001, advised that
the house sustained damage as a result of construction of the Gardner-Denver
facility and following litigation she was awarded a settlement by the Roanoke
County Circuit Court. She stated that her purpose in appearing before Council
was to reiterate that the house was damaged and the current property owners
should be extended a certain level of protection by the City.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that in view of the
concerns expressed by previous speakers, the matter should be referred back to
the City Planning Commission for geological testing.
In response to Ms. Grome's concern, Vice-Mayor Fitzpatrick advised that
the proposed rezoning provides for a much less dense development than the
industrial portions and before a building permit is issued to utilize any of the
property, City staff will ensure protection and/or geological testing. He pointed
out that the interests of Ms. Grome can be protected through the process of
permitting through the City Planning Department, as opposed to the actual
rezoning.
Ms. Grome advised that once the rezoning is approved by Council, City
Council will have no further involvement; whereupon, Vice-Mayor Fitzpatrick
responded that once the property is up zoned to office and institutional as
opposed to heavy industrial, the kind of development that can take place is
changed, and there is less chance of touching the rock strata with the kind of
development that will be permitted under the proposed zoning classification. He
stated that City Planning staff is aware of the concerns and will ensure, before
permitting sites under the new rezoning classification, that appropriate steps are
taken with regard to core drilling and/or geological testing.
The Mayor advised that the rezoning acts in favor of the concerns
expressed by Ms. Grome because property will be rezoned from light
manufacturing to commercial district, and plans for development of the property
will be presented to Council which will give Council a subsequent opportunity to
ensure that Ms. Grome's concerns are addressed.
209
Mr. Townsend advised that in addition to recommending approval of the
request for rezoning, the City Planning Commission requests that Council refer
any detailed site plan/development plan, including building prospectus and
elevations, to the City Planning Commission for review and approval prior to the
property, in whole or in part, being conveyed to a potential buyer.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no further questions or comments by Council Members,
Ordinance No. 36821-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Dowe, Fitzpatrick and Mayor
Harris ............................................................. 5.
NAYS: None .................................................... 0.
(Council Members Lea and Cutler were absent.)
BOUNDARY LINE ADJUSTMENTS: Pursuant to instructions by the Council,
the City Clerk having advertised a public hearing for Monday, August 16, 2004,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
adoption of an agreement between the City of Roanoke and the County of
Roanoke authorizing relocation of portions of boundary lines located along
Berkley Road, Underhill Avenue, and at the intersection of Draper Road and Old
Rocky Mount Road, the matter was before the body.
Legal advertisement of the public hearing was published in The
Times on Monday, August 2, 2004, and Friday, August 6, 2004.
A communication from the City Manager advising that in May 2003,
Roanoke County approached the City of Roanoke with a proposed boundary
adjustment for Vineyard Park; subsequently the City suggested an adjustment to
bring all of the Water Pollution Control Plant into the City; Rockydale Quarries
also requested a minor adjustment; the proposed boundary adjustments consist
of: moving 53.038 acres of Vineyard Park from the City to the County, moving
9.024 acres owned by Rockydale Quarries from the County to the City, and
moving 33.094 acres owned by the Western Virginia Water Authority Water
Pollution Control Plant, 5.131 acres owned by A.P.J., LLC., and 0.753 acre owned
by James R. Chisolm from the County to the City; and adjustments will
consolidate holdings in a single jurisdiction and will not have a significant impact
on real estate revenue to the City of Roanoke.
210
Following the public hearing, the City Manager recommended that the
Mayor and the City Clerk be authorized to execute an agreement between the
County of Roanoke and the City of Roanoke agreeing to the proposed boundary
line changes; that the City Attorney be authorized to file the necessary petition
with the Circuit Court seeking an order approving the boundary line changes,
and to take any additional action that may be necessary to effect the changes.
Mr. Fitzpatrick offered the following ordinance:
(#36822-081604) AN ORDINANCE authorizing the Mayor to execute an
agreement between the County of Roanoke and the City of Roanoke relating to
certain boundary line adjustments between those governmental entities;
directing that certain other actions relating to such boundary line be taken as
provided by law; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 85.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36822-081604. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No. 36822-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Dowe, Fitzpatrick and Mayor
Harris ............................................................. 5.
NAYS: None .................................................... 0.
(Council Members Lea and Cutler were absent.)
REFUSE COLLECTION: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, August 16, 2004, at 7:00
p.m., or as soon thereafter as the matter may be heard in the City Council
Chamber, on the City's proposed Solid Waste Management Plan, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rnes on Friday, August 6, 2004; and in The Roanoke Tr/bune on Thursday,
August 5, 2004
211
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
The City Manager advised that at the Council's work session on August 2,
2004, Council was provided with a staff briefing on the City's proposed Solid
Waste Management Plan; whereupon, she commended the document to Council.
The City Attorney advised that no specific action is required by the Council.
No comments or questions were raised by the Members of Council.
SPECIAL PERMITS: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, August 16, 2004, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on a request for encroachment of
an awning at a height of ten feet above the sidewalk and extending 42 inches
into the public right-of-way at 16 Campbell Avenue, S. W.,the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 6, 2004.
A communication from the City Manager advising that ACS Design, on
behalf of Sutton Construction Co. of Roanoke, Inc., owner of property located at
].6 Campbell Avenue, S.W., has requested permission to install an awning on the
building at 16 Campbell Avenue, which would encroach into the public right-of-
way; the proposed awning would encroach approximately 42 inches into the
right-of-way of Campbell Avenue, with ten feet of clearance above the sidewalk;
the right-of-way of Campbell Avenue at this location is approximately 60 feet in
width; and liability insurance and indemnification of the City of Roanoke by the
property owner shall be provided.
Following the public hearing, the City Manager recommended that Council
adopt an ordinance, to be executed by the property owner, which will be binding
on the property owner and his heirs and assigns, with a copy of the executed
ordinance to be recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, granting a revocable license to allow installation of an awning at 16
Campbell Avenue, S. W., encroaching into the right-of-way of Campbell Avenue.
Mr. Fitzpatrick offered the following ordinance:
212
(#36823-081604) AN ORDINANCE granting a revocable license to permit
the encroachment of an overhead awning at a height above the sidewalk of ten
(10) feet, with the overhead awning extending forty-two (42) inches, in the
public right-of-way of 16 Campbell Avenue, S.W., from property bearing Official
Tax No. 1011707, upon certain terms and conditions; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 86.)
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 36823-081604 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Dowe, Fitzpatrick and Mayor
Harris ............................................................. 5.
NAYS: None .................................................... 0.
(Council Members Lea and Cutler were absent.)
HEARING OF CITIZEN UPON PUBLIC MA'II'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.
POLICE DEPARTMENT-SCHOOLS: Mr. Bill McClure, 542 Walnut Avenue,
S. W., complained about the lack of citizen input into the City's proposed
geographic policing policy. He stated that the proposed reorganization plan
contains certain positive features that could make the Police Department more
effective, but the manner in which the plan was presented has caused concern
for many of Roanoke's taxpayers.
COMMITTEES-ARMORY/STADIUM: Mr. Chris Craft, 150]. East Gate Avenue,
N. E., expressed concern that no member of the Stadium Study Committee is
under the age of 40; therefore, he requested that Council appoint one person to
the committee who is 35 years of age or younger.
POLICE DEPARTMENT-SCHOOLS: Mr. E. Duane Howard, 508 Walnut
Avenue, S. W., addressed Council in regard to an alleged incident that occurred
in his neighborhood when his vehicle was vandalized by a bullet on the driver's
side. When discussing the matter with the Chief of Police, he stated that he was
told that the incident could have occurred during his travels throughout the
Roanoke Valley, as opposed to having occurred in his neighborhood over night.
213
He expressed concern in regard to the response by the Chief of Police because it
would be difficult for any person to park their vehicle in front of their residence
and not notice that it was bullet damaged. He stated that he lives in a
neighborhood where there have been murders, fires, prostitution, homelessness,
burglaries, assaults, arsons, rapes, slum landlords, no building code
enforcement, vehicles and houses vandalized, yet Old Southwest has a
neighborhood association that is more concerned about the kind of siding that a
property owner can install on their house than all of the above listed problems.
He expressed a general lack of confidence in the Chief of Police.
Mr. Howard also expressed concern in regard to the School Resource
Officer program and advised that he reiterates the remarks of Ms. Alice Hincker.
POLICE DEPARTMENT-CITY EMPLOYEES-SCHOOLS: Ms. Helen E. Davis, 35
Patton Avenue, N. E., advised that the heart of any city is its employees who are
responsible for the day to day operation. She expressed concern with regard to
retaliation against Roanoke City employees who speak out and requested that the
City Manager be held accountable and that City Council support City employees.
POLICE DEPARTMENT-SCHOOLS: Ms. Alice P. Hincker, 4024 South Lake
Drive, S. W., requested that the School Resource Officer program retain its
special unit status with Sergeant Manuel Bocanegra as Supervisor and
coordinator of the program.
POLICE DEPARTMENT-SCHOOLS: Mr. Paul Holt, III, 1305 Burks Street, N.W.,
advised that he is familiar with 66 local jurisdictions, he has seen community
policing at its best and at its worst, and the City of Roanoke currently has a good
Police Department that is divided into different precincts. He stated that in other
localities, School Resource Officers engage in specialized training which does not
occur in the City of Roanoke because the City does not accept funds from the
Federal and/or State governments for DARE officers or School Resource Officers.
He expressed concern with regard to the effectiveness of the proposed
geographic policing policy, and advised that the City Manager and the Chief of
Police should be held accountable to Council for their actions and the Council
Members should be held accountable to the citizens of Roanoke for their actions.
COMPLAINTS-DRUGS/SUBSTANCE ABUSE: Ms. Theresa Gill-Walker, 2807
Ordway Drive, N. W., spoke with regard to the proposed methadone clinic to be
located on HershbergerRoad, N.W. She advised that she has seen, first hand,
the negativity that a methadone clinic which is improperly operated can have on
a community in a short period of time. She called attention to a safety issue
regarding children who attend schools in the area, devaluation of property, a
decrease in the school population because parents will choose to send their
children to school at other school sites and/or in other Roanoke Valley localities,
and loss of income to businesses in the area because customers will shop
elsewhere for fear of being harassed, accosted, etc.
214
COMPLAINTS-HOUSING/AUTHORITY: Mr. Robert Gravely, 729 Loudon
Avenue, N. W., advised that there appears to be a lack of concern for Roanoke's
citizens inasmuch as the City has no agenda for its people, for the City's work
force and for the education of its children. He expressed concern with regard to
the overall deterioration of the inner city and lack of affordable housing.
There being no further business, at 9:05 p.m., the Mayor declared the
meeting adjourned.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
215
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 7, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 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 Vice-Mayor
Beverly T. Fitzpatrick, Jr., presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular
Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to
Resolution No. 36193-010603 adopted by Council on January 6, 2003, which
changed the time of commencement of the regular meeting of Council to be
held on the first Monday in each month from 12:15 p.m. to 9:00 a.m., and
pursuant to Resolution No. 36762-070604 adopted by Council on Tuesday,
July 6, 2004, which established the meeting schedule for the fiscal year
commencing July 1, 2004 and ending June 30, 2005.
PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Alfred T.
Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L.
McDaniel, and Mayor C. Nelson Harris (arrived late.) ....................... 7.
ABSENT: None .................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, and to interview applicants for vacancies on the Roanoke Redevelopment
and Housing Authority, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Lea and adopted
by the following vote:
216
AYES: Council Members Wishneff, Cutler, Lea, McDaniel and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... O.
(Mayor Harris and Council Member Dowe 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. Cutler moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Ms. McDaniel and
adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Lea, McDaniel and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... O.
(Mayor Harris and Council Member Dowe were not present when the vote was
recorded.)
At 9:10 a.m., the Vice-Mayor declared the meeting in recess for one
interview for a vacancy on the Roanoke Redevelopment and Housing Authority, to
be held in the Councirs Conference Room, Room 451, Noel C. Taylor Municipal
Building. (Council Member Dowe entered the meeting during the Closed
Session.)
At 9:40 a.m., the Council meeting reconvened in Room 159, with all
Members of the Council in attendance, except Mayor Harris.
217
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/D£LETIONS TO 2:00 P.M.,
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL-SCHOOLS: The following items were suggested for discussion at
the joint meeting of Council and the Roanoke City School Board on Monday,
November ]., 2004, at 9:00 a. m.:
Status report on new School leadership.
After school programs, specifically programs in the middle schools.
School safety.
School uniforms.
COUNCIL-HOUSING/AUTHORITY: The following items were identified for
discussion at the joint meeting of Council and the Roanoke Redevelopment and
Housing Authority on Thursday, October 7, 2004, at ].2:00 noon:
Memorandum of Understanding between City Council and the
Redevelopment and Housing Authority.
Overview of the Henry Street Program/TAP, The Dumas, The
Roanoke Higher Education Center, and the Culinary Institute.
Council Member Cutler suggested a review of the job descriptions of the
City's Director of Housing and Neighborhood Services and the Executive Director
of the Roanoke Redevelopment and Housing Authority; whereupon, the City
Manager advised that an executive search firm has been retained by the City to
identify candidates for the position of Director of Housing and Neighborhood
Services; and any discussion that the Council and the Housing Authority might
have with regard to the roles of the two positions would not impact the City's
selection of a person to fill the vacancy, but would address day-to-day
integration of activities. The City Manager concurred that in selecting a person
to fill the position of Director of Housing and Neighborhood Services, there
should be level of understanding concerning the relationship of the two
positions.
218
Council Member Cutler inquired if there is a relationship between the City
and the Housing Authority regarding the Cradle to Cradle housing program;
whereupon, the City Manager advised that the housing design competition will
involve construction of homes on some City owned and some Redevelopment and
Housing Authority owned properties, which is a separate issue and will be
accomplished using resources of both the City and the Housing Authority, all
proposed sites for the housing design competition are not intended to be strictly
Iow to moderate income sites, and it is hoped to include some market rate sites.
She added that some private individuals have offered to make properties
available for the project, and the Cradle to Cradle project is a separate activity
that has not involved the Housing Authority to any great extent.
Question was raised as to the status of the Cradle to Cradle project;
whereupon, the City Manager advised that Council was provided with written
information some time ago seeking guidance and/or support of the City's
proposed financial contribution, and not hearing from any Member of Council to
the contrary, action was taken to use Community Development Block Grant funds
for the initial phase of the project; actual housing design competition will be
judged in the City of Roanoke in mid-January 2005, and an allocation will be
made for construction of the homes during the second phase of the project. She
further advised that during the summer of 2005, following completion of the
spring semester, arrangements will be made with various colleges and
universities in the area to house many of the young people who will participate in
the building effort.
The City Manager advised that City staff/RRHA staff recently met with
officials of the State Office of the Department of Housing and Urban
Development (HUD) and the Virginia Housing Authority, and a meeting is
scheduled in the near future with the Virginia Department of Housing and
Community Development to articulate issues of importance to the community in
regard to housing challenges and diversity and the need for assistance and
support in addressing those issues; there has been an indication that certain
additional resources will be directed toward helping the City to solve some of the
existing problems; and preliminary discussions have taken place regarding a
pilot mixed income project in the City of Roanoke. She stated that it is
anticipated that the City's strategic housing plan itself will identify certain
specific strategies that the Council will be requested to adopt and identify
specific areas in the City where direct action is needed in order to cause housing
changes to occur within those communities.
219
Question was raised as to the best way to involve Roanoke County and
other surrounding jurisdictions with regard to providing Iow and moderate
income housing; whereupon, the City Manager advised that there needs to be a
community conversation, and if the City of Roanoke attempts to convene a
conversation among the jurisdictions on the issue, such could be viewed as the
City trying to get otherjurisdictions to share its problems. She stated that she
has attempted, without success, to identify an entity that would be willing to
initiate the discussion. The City Manager called attention to a conversation with
the Governor of Virginia and others in which she suggested that there must be
more incentives at the State level in order to address not only the housing issue,
but transportation and funding of arts and cultural organizations, etc.; as a
highly developed urban community, Roanoke is the magnet for those persons
who are in the greatest need of services; and the City of Roanoke should be
proud of the fact that it provides services to those in need, but it should not be
the City's responsibility to provide services for the entire Roanoke Valley region.
She added that the City of Roanoke's continued involvement in the Virginia First
Cities Coalition is key to ensuring that certain discussions take place at the State
level and she encouraged the Members of Council, in their roles with the
Roanoke Valley Allegheny Regional Commission and the Roanoke Valley
Leadership Summit, to initiate individual conversations with their peers.
There was discussion in regard to items to be discussed atthe ].2:00 p.m.,
meeting with Congressman Goodlatte; whereupon, the City Manager suggested
that the Roanoke River Flood Reduction project and efforts by the City, with
Congressman Goodlatte's assistance, to retain the Social Security Administration
office within the City of Roanoke should be discussed. She added that the First
Street Bridge and the availability of Federal funds for the project should also be
discussed to ensure that Congressman Goodlatte is comfortable with any
decision made by the Council regarding whether or not the bridge will be
pedestrian or vehicular.
The Mayor entered the meeting.
BRIEFINGS:
220
First Street Bridqe
BRIDGES: The City Manager introduced a briefing on the First Street Bridge
project. She advised that preservationist architects were contacted to look at the
possibility of retaining some of the original elements of the bridge, which
involves various options and costs; whereupon, she called upon Philip C.
Schirmer, City Engineer, for a detailed briefing.
Mr. Schirmer advised that:
Council approved concept plans for a replacement bridge carrying
vehicles and pedestrians in February 2003, and plans are "bid
ready."
A citizens committee was formed to study the Dr. Martin Luther
King, Jr., Memorial in December, 2003.
Recommendations of the committee were presented to Council in
June 2004.
Concern was expressed for historic preservation of the Bridge.
A Federal funding opportunity has become known.
A number of issues need to be reviewed; i.e.: intended use of the
bridge.
Whether or not the bridge will support pedestrians or vehicles is a
critical issue to be decided because loading for pedestrian use is
heavier than vehicular use, therefore, if the bridge is to be used for
festival events where large numbers of people will assemble, it will
be necessary to design the bridge for that purpose.
Other design issues to be considered are approach grades which are
the areas that lead up to the bridge; what are the desired features to
be incorporated into the bridge; i.e.: separate pedestrians from
traffic, improved lighting, features to be connected to the bridge, to
the rail walk, to the Gainsboro Parking Garage, etc.; and since the
bridge will be located over an operating rail track, it will be
necessary to design and construct a bridge that will not interfere
with rail operations.
221
The City Engineer reviewed the following alternate designs:
Alternate A - Restore the bridge for restricted pedestrian use
Total bridge restoration with the removal of the existing
cantilever walkway.
Utilize as many of the existing bridge members as possible;
member rehabilitation as compared to replacement.
· No vehicular traffic.
Separate construction of handicap access and permanent
stairs to the Gainsboro Parking Garage.
· Separate retrofitting for ornamental lights.
Total estimated project cost: $2.1 million (includes bridge
restoration, handicap access and permanent stairs to the
Gainsboro Parking Garage, railroad flagging, and relocation of
the railroad signal)*
Alternate B - Restore the existing bridge for unrestricted pedestrian use
· Major bridge rehabilitation to unrestricted pedestrian usage.
Reduced use of the existing bridge members; member
replacement (in keeping with the historical appearance) as
compared to rehabilitation.
· No vehicular traffic.
Separate construction of handicap access and permanent
stairs to the Gainsboro Parking Garage.
· Separate retrofitting for ornamental lights.
Total estimated project cost: $2.2 million (includes major
bridge rehabilitation, handicap access and permanent stairs to
the Gainsboro Parking Garage, railroad flagging, and
relocation of the railroad signal)*
222
Alternate C- Replace the bridqe and approaches for one lane of traffic and
unrestricted pedestrian use
· New bridge structure
with
appearance of the old truss.
One-lane vehicular traffic.
a truss span that has the
Defined sidewalk for pedestrians.
Bridge will be capable of additional memorials to Dr. King.
Includes handicap access and permanent stairs to the
Gainsboro Parking Garage.
Total estimated project cost: $2.4 million (This is as designed
and bid ready)*
Alternate D - Restore Truss Span and Replace Approaches for One Lane of
Traffic and Unrestricted Pedestrian Use
· New bridge structure with a major rehabilitated truss span.
· One-lane vehicular traffic.
· Defined sidewalk for pedestrians.
· Bridge will be capable of additional memorials to Dr. King.
· Includes handicap access and permanent stairs to the
Gainsboro Parking Garage.
· Total estimated project cost: $2.9 million
223
Project Funding:
City of Roanoke Capital Funds
Total Appropriations
Expended to Date
Available Balance
Federal Funding:
$ 2,252,357.00
$ 267,830.OO
$ 1,984,527.00
$497,050.00 which is limited to use for a bridge carrying vehicular traffic
Requires substantial environmental and cultural reserve review and
approval by State and Federal agencies.
Estimated to be completed in an 8 - 12 month time line.
All approvals are required prior to beginning construction.
(As currently designed & bid)
Alt. A Alt. B Alt. C. Alt. D
Historical Preservation Yes Yes No Partial
Qualifies for Federal Money No No Yes Yes
Pedestrian Restrictions Yes No No No
One-Lane Vehicular Traffic No No Yes Yes
Dr. Martin Luther King, Jr. Memorial Implementation
Limited Limited
Total Project Cost* $2.1 million $2.2 million
Fuji Full
$2.4 million $2.9 million
*Prices do not include Dr. Martin Luther King,Jr. memorial features and design
costs
224
Available funding: $2.0 million in City funds, $500,000.00 in Federal funds
Martin Luther King, Jr. Memorial Approximate Cost of Features:
Statue
100,000.00 - $
Medallions at Bridge Entrance (4)
Audio-Visual Stations (4)
Observation Platforms
Benches (4)
Trash Receptacles (4)
Park Lighting
Park Landscaping
Subtotal
Stair- Elevator Tower
Total
150,000.00
10,000.00
20,000.00
25,000.00 - 30,000.00
2,800.00
2,400.00
75,000.00 - 90,000.00
30,000.00- 35,000.00
265,000.00- 340,200.00
200,000.00 - 225,000.00
$465,000.00- 565,200.00
In summary, he stated that Alternate A provides some aspect for
preservation, restoration of the bridge, does not qualify for Federal money
because it is not recommended to reopen to vehicular traffic, pedestrian
restrictions for assembly and festival-type uses on the bridge, could
accommodate vehicular traffic, limited opportunity for memorial implementation
for Dr. King, medallions would be installed at the bridge entrance, at an
estimated cost of $2.1 million. He stated that Alternate Bwould improve the
bridge to allow unrestricted pedestrian assembly, accommodate vehicular traffic
and is estimated at approximately $2.2 million; Alternate C provides for a new
structure, qualifies for Federal money, no restrictions on pedestrian use, would
accommodate vehicles in one direction and is currently designed to be
southbound, would accommodate any of the memorials that would be selected
for Dr King, at an estimated project cost of $2.4 million; and Alternate D is the
The City Engineer advised that none of the estimates include any of the
features of the Martin Luther King Memorial, which would be added over and
above.
225
hybrid and is, in essence, the same as Alternate C, except that some of the
trusses will be replaced and the bridge would be a renovated structure.
During a discussion of the above referenced alternates, the observation
was made by a Member of Council that it is a policy decision of Council on as to
whether the bridge will be one lane of vehicular traffic, or a no vehicular traffic
bridge. Question was raised as to whether the Roanoke Redevelopment and
Housing Authority, the Roanoke Higher Education Center, Downtown Roanoke,
Inc., and Total Action Against Poverty have been invited to provide input.
The City Manager explained that the Outlook Roanoke Plan, which is the
Plan for downtown Roanoke that was adopted by Council, included a
recommendation that the First Street Bridge be vehicular and was supported by
Downtown Roanoke, Inc. She advised that when the Gainsboro Parking Garage
was constructed in 2000, the facility was constructed in such a way that it was
assumed when the First Street Bridge was renovated or replaced, it would be
pedestrian only, otherwise, the parking garage would not have been sited in its
current fashion. She stated that the original plan that was adopted in 1999
assumed that it would be a pedestrian bridge; bridge design in approximately
mid-year 2000 called for a pedestrian bridge, but because the Outlook Roanoke
Plan was underway at the time, the then sitting Council suggested that no
decision be made regarding the bridge until after the Outlook Roanoke Plan was
completed; and, following completion, the Outlook Roanoke Plan called for the
First Street Bridge to be vehicular. She stated that membership of the current
Martin Luther King Committee includes not only the original MLK Committee that
was developed several years ago, but when the Committee was reconstituted,
stakeholders of all of the various organizations and entities that are located in
that section of the Gainsboro community were included. She added that the
original recommendation of the Committee was that the bridge should be
pedestrian in keeping with the original thinking and planning; however, when the
Committee learned that Federal funds which Congressman Goodlatte was
successful in securing on behalf of the City could not be used if the bridge
remained pedestrian only, the Committee then agreed to support a vehicular
bridge, with the understanding that there would be occasions for special events
or activities when the bridge could be closed and bollards could be used at either
end to eliminate the possibility of vehicular traffic.
226
Components of the Martin Luther King Memorial were discussed, such as
inlaid medallions at each end of the bridge, audio-visual stations located along
the bridge in the walkway, observation platforms that extend to the edge of the
overlook, benches, trash receptacles, park lighting and park landscaping, and the
stair-elevator tower.
Question was raised with regard to the proposed bronze statue of Dr. King;
whereupon, Rolanda B. Russell, Assistant City Manager for Community
Development, advised that Pernella Chubb-Wilson, representing the Southern
Christian Leadership Conference, has shared information with the King family,
and following approval of the recommendations by Council, the Dr. Martin Luther
King, Jr. Committee will go through the process of obtaining official approval
from the King family and initiate a request for proposal for the statue.
There was discussion with regard to how a visitor to the City of Roanoke
would know that the facility is a memorial to Dr. King; whereupon, Ms. Russell
advised that medallions will be placed on both sides of the bridge and the name
of the bridge will be stamped on the pavement.
Question was raised as to whether improvements to the bridge will also
offer an opportunity to tell of the involvement by some of Roanoke's citizens in
the civil rights movement; whereupon, Ms. Russell advised that the Committee
preferred to restrict the improvements to Dr. King; however, there was
discussion about an opportunity at some time in the future to talk about the role
of civil rights leaders in the Henry Street area, upon completion of the Dr. Martin
Luther King Jr. project.
Mr. Wishneff moved that Council approve Alternate B, providing for full Dr.
Martin Luther King,Jr. Memorial implementation, with the understanding that the
structure will qualify for Federal money, one lane of vehicular traffic, and
deletion of the elevator and stairs on the south side of the bridge. The motion
was seconded by Mr. Cutler.
The Mayor advised that the area already has vehicular access with or
without the First Street Bridge; vehicular traffic has not been allowed on the First
Street Bridge for the past four years and there has been no negative impact; the
driving issue on the First Street Bridge is how to allow the bridge and those
amenities that have been presented today to be the best memorial that the City
can create for Dr. Martin Luther King, Jr., and perhaps other civil rights
personalities locally, and in order to accomplish the most in terms of a memorial
park, it would be wise to dismiss the element of vehicular traffic. He stated that
it is not wise and prudent to allow decisions that will affect the City of Roanoke
to be solely driven by any Federal monies that may be attached to receipt of the
227
funds and Council should be concerned with what is going to work best for the
City of Roanoke as a community, while taking into consideration the goals and
objectives for other components of the area.
Council memberWishneffwithdrew his motion and Council Member Cutler
withdrew his second to the motion.
Mr. Fitzpatrick moved that Council approve Alternate B with unlimited
pedestrian use. The motion was seconded by Dr. Cutler and unanimously
adopted.
In view of the previous discussion by Council, the City Manager advised
that City staff will submit a recommendation for consideration by Council that
will provide greater name identification for the First Street Bridge than the
proposed medallions would provide.
Real Estate Tax Abatement Proqram:
TAXES: Susan S. Lower, Director of Real Estate Valuation, advised that goals
of the City's Tax Abatement Program are to encourage renovation of real
property, to revitalize aging and deteriorating structures, to improve quality,
condition, and appearance of neighborhoods, to encourage home ownership and
to reduce the number of multi-family units.
She stated that the.rehabilitation program was established in 1981 and
revised in 2000 to establish a marketing program, to eliminate conversion of
single family to multi-family units, to target historical, conservation and rehab
districts and to establish a timeline for rehab completion. She advised that for
the fiscal year 2003-2004, there were 242 applicants under the program, 61
commercial parcels, 3.09 single family parcels and 72 multi-family parcels. By
residential neighborhoods, she stated that in 2003-2004, there were 3.]:1 rehab
properties in Old Southwest, ]:8 in Gilmer/Melrose/Rugby, 16 in Belmont, and ]:2
in Hurt Park; and 34 commercial neighborhoods participated in downtown
Roanoke, ].3 in Old Southwest, three in Gilmer Harrison, three in Grandin Road,
and three in Hurt Park.
228
Ms. Lower reviewed components of the program that are working such as
the marketing program, targeting neighborhoods, elimination of conversion of
single family to multi-family, 40 to 60 per cent of value, and a time line for
completion; and components that are not working, such as the need to educate
more neighborhoods, cap assessed values, multi-use buildings, single family
restrictions have limitations and buildings >$5,000.00.
The following is a summary of current guidelines versus proposed
guidelines:
Currently the structure must be no less than 25 years old. Under the
proposed guidelines, the structure most be no less than 25 years old
and for single family structures, it must have an assessed value prior
to substantial rehabilitation or renovation, of no more than
$200,000.00.
Currently, the assessed value must be increased no less than 40 per
cent. No change is recommended.
Currently, total square footage must not be increased by more than
15 per cent. Under the proposed guidelines, no restrictions are
proposed on increasing square footage.
Currently, the structure must be designed for residential use after
completion of improvement. No change is proposed.
Currently, residential use shall include single-family dwellings,
duplexes, multifamily dwellings, apartments, and townhouses; any
property, the use of which is partially residential and partially
commercial or industrial shall be treated as residential in its entirety
for purposes of this division. Under the proposed guidelines,
residential use shall include single-family dwellings, duplexes,
multifamily dwelling units, and townhouses; for any property, the
use of which is partially residential and partially commercial or
industrial, the residential portion must meet the eligibility
requirements for residential real property, and the commercial
portion must meet the eligibility requirements for commercial or
industrial real property; the Department of Real Estate Valuation will
determine how to allocate the current assessed value of the property
between the residential and the commercial portions prior to the
start of the rehabilitation or renovation effort.
229
Currently, the structure must be improved without increasing the
current number of dwelling units. No change is proposed.
Currently, the exemption shall not apply when any existing structure
is demolished or razed and a replacement structure is constructed.
Under the proposed guidelines, the exemption shall not apply when
any existing structure is demolished or razed and a replacement
structure is constructed, unless the assessed value of the existing
structure is below $5,000.00; the replacement structure must be a
single family home, and must have an assessed value no less than
120 per cent of the median value of dwelling units in the
neighborhood; the exemption shall not apply when any structure
demolished is a registered Virginia landmark, or is determined by
the Department of Historic Resources to contribute to the
significance of a registered historic district.
Currently, the structure must be no less than 25 years old. No
change is proposed.
Currently, the assessed value must be increased no less than 60 per
cent. No change is proposed.
Currently, total square footage must not be increased by more than
15 per cent. Under the proposed guidelines, there are no
restrictions on increasing square footage.
Currently, the structure must be designed for commercial or
industrial use after completion of improvement. The proposed
guidelines provide that the structure be designed for commercial or
industrial use after completion of improvement; if an exemption is
granted under this Division of the City Code, no other exemption,
including those under Divisions 5A and 5B regarding real property
located in an enterprise zone, will be granted even if the use
changes.
Currently, the exemption shall not applywhen any existing structure
is demolished or razed and a replacement structure is constructed.
No change is proposed.
23O
Currently, the difference in the appraised value of the structure
immediately before rehab and immediately after rehab. The
proposed guidelines provide for the difference in the appraised
value of the structure immediately before rehabilitation, renovation
or replacement and immediately after rehabilitation, renovation, or
replacement.
Currently, this amount only, on a fixed basis, shall be the
exemption, notwithstanding subsequent assessment or
reassessment and no change is proposed.
Council Member Wishneff inquired if there is an incentive to encourage
citizens to convert from rental to home ownership; whereupon, Ms. Lower
responded that the Tax Abatement Program targets those persons whose homes
have avalue of under $100,000.00, or 71.3 per cent of the City's housing stock;
and a homeowner could purchase a house for $24,000.00 and apply for rehab,
with the goal of having a house valued at $60,000.00, or more.
The City Manager called attention to other programs that address
encouraging home ownership in which funds are made available for down
payments and closing costs, etc. She advised that there is an incentive for any
type of reduction from multifamily downward by 50 per cent, but insofar as a
residential unit being converted into a homeownership unit, the Real Estate Tax
Abatement Program would not be the appropriate vehicle; and there may be
other options that could be presented to Council for discussion in conjunction
with the City's Strategic Housing Plan in October.
There was discussion in regard to why there is a cap for real estate tax
abatement; whereupon, it was noted that the Tax Abatement Program is intended
for Iow market value houses in order to provide incentives to increase the value,
and the program should not be applied toward a, for example, $400,000.00
residence simply because the property owner wants to increase the value of the
property.
The City Manager advised that the program is targeted toward those
structures and populations in the City that are most in need of the Real Estate
Tax Abatement Program. She stated that one of the major problems in the
Roanoke community, which contributes to rental property as opposed to home
ownership, is, due to the age of many homes in the City of Roanoke, they do not
come with the amenities that people are looking for when they purchase a home
in today's market.
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Council MemberWishneffcalled attention to his difficulty in understanding
the down side of encouraging a property owner to convert a $400,000.00 house
to an $800,000.00 house under the Real Estate Tax Abatement Program, and
requested factual information by City staff to address his inquiry.
Following further discussion, question was raised as to whether a public
hearing has been held on the proposed Real Estate Tax Abatement Program;
whereupon, the City Manager advised that a public hearing is not a legal
requirement.
Following further discussion, the Mayor advised that once the Real Estate
Tax Abatement Program has been formalized by City staff in terms of any action
that the Council will be requested to take, the appropriate information could be
transmitted through the Roanoke Neighborhood Advocates organization to
neighborhood associations throughout the City advising that the matter will be
considered by Council at an evening session, and if there is wide spread
opposition or concerns expressed by citizens, Council will review the
concerns/opposition and refer the matter back to City staff for further
refinement. In addition to disseminating information though the Roanoke
Neighborhood Advocates, Mr. Wishneff also suggested that organizations such as
the Blue Ridge Housing Development Corporation, Total Action Against Poverty
and other housing related organizations receive the same information.
COUNCIL-LEGISLATION: The Mayor expressed appreciation to
Congressman Bob Goodlatte for meeting with the Council and for his assistance
over the years with regard to Federal issues that have a direct impact on the City
of Roanoke and its citizens. He also expressed appreciation to Peter Larkin,
Congressman Goodlatte's legislative aid, who was also in attendance, for his able
assistance. The Mayor presented Congressman Goodlatte with a poster in
recognition of the City of Roanoke's inclusion as one of the most liveable
communities by Partners for Liveable Communities, a lapel pin and silver-plated
star paper weight with the City's new branding logo inscribed thereon.
Congressman Goodlatte advised of continuing efforts with regard to
Interstate 73, which has been delayed primarily because the focus has been on
Interstate 81 truck traffic. He called attention to efforts to provide a better
connection to the closest localities in major trade markets; i.e.: Winston-Salem,
Greensboro, and Charlotte, North Carolina, that would be beneficial to the
Roanoke Valley and involves a long term project. He stated that decisions
regarding Interstate 81 are being closely monitored, he has expressed strong
support for taking action to widen the highway, and has expressed concerns
regarding other ideas that have been proposed. He added that he is not against
the idea of imposing highway tolls, but tolls that are being examined for the
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current proposal are extraordinarily high, therefore, he has urged that the
project be scaled back; and separate lanes for cars and trucks, on and off ramps,
cloverleafs, fly-aways, etc., would be environmentally damaging and add billions
of dollars to the highway project. He advised that the State, notwithstanding the
public/private partnership law, should commit funding over a long period of
time, even though the State's fiscal circumstances do not allow for major
commitments; the goal is to make the interstate highway both competitive and
attractive for economic development and the House and the Senate have passed
transportation bills.
He stated that funding has been secured for the First Street Bridge,
although funding restrictions require a vehicular bridge, and if the bridge is
pedestrian only, Federal funds may not be available. He stated that he will
continue to look into the matter and hopes to be of assistance to the City. He
called attention to continuing efforts to attract people to the area who can help
to highlight the technology base that is currently being built in the Roanoke
Valley and he commended the New Century Technology Council on its efforts to
educate people about the Roanoke area. He stated that $3 million in grants,
direct appropriations and tax credits have been secured for the O. Winston Link
Museum and the Roanoke Valley Convention and Visitors Bureau, $250,000.00
has been secured for the Commonwealth Coach and Trolley Museum, and he is
working to ensure that the funds will remain in place as the bill works its way
through Congress; and $500,000.00 has been secured for the Virginian Railway
Museum which will not address all of the needs, but will beastart. He added
that he has been in contact with the House Transportation Infrastructure
Committee to request funds for the Heartland Corridor Project, which has been
advocated by Norfolk Southern Railway and will be beneficial to the Roanoke
Valley, that involves an east to west intermodal project, working the rail lines to
ensure that tunnels have a high enough capacity to handle the higher double
deck and higher height of intermodal transport, and also involves certain
intermodal facilities, one of which could be located in the Roanoke Valley and
would be the first step toward getting some of the trucks off of the highways.
He stated that the new air traffic control tower at Roanoke Regional Airport is
proposed to be dedicated at the end of the year, this year a $9.7 million grant
was secured to repave and make safety improvements to the east-west runway,
and it has been announced that the United States Department of Transportation
has awarded $1 million to the Greater Roanoke Transit Company. He called
attention to efforts to work with the General Service Administration to keep the
Social Security Administration Offices in the downtown Roanoke area, counter
offers have been considered and a final decision should be made in September-
October from among locations in both downtown and outside of downtown
Roanoke. He advised that the United States Army Corps of Engineers has entered
into a contract on the Roanoke River Flood Control Project, which has been at
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least 30 years in the making, will be an enhancement of the Roanoke River,
includes the greenway as a center piece of the City, and is anticipated to be a
four to five year project for Phase I, at a cost of $14 million of a total $60
million+ project.
The Mayor advised that keeping the Social Security Administration Offices
in downtown Roanoke is of prime concern to the City and the efforts of
Congressman Goodlatte on the City's behalfare appreciated. He stated that the
City has been as flexible as possible in working with officials at the local level.
With regard to the First Street Bridge, the Mayor advised that Council
received an in-depth briefing at its 9:00 a.m. work session and following
discussion, Council voted to proceed with a pedestrian option for the bridge,
although it is understood that Council's action does not meet the vehicular
requirement which is tied to Federal funding. Therefore, he stated that the City
would appreciate the ongoing efforts of Congressman Goodlatte in support of
the First Street Bridge project.
The City Manager advised that the Senior Vice President of Marketing for
Norfolk Southern Corporation will speak at the Regional Leadership Summit to be
held on Friday, September 24, 2004, to brief the region on the Heartland
Corridor; whereupon, she invited Congressman Goodlatte and Mr. Larkin to
attend the meeting if their schedule permits. She further advised that keeping
the Social Security Administration Offices in downtown Roanoke is a key issue for
the City; and approximately $900,000.00 has been committed to the City of
Roanoke to date for various Homeland Security issues for which the City of
Roanoke is most appreciative. She noted that at its 2:00 p.m. meeting, Council
will officially recognize those City employees who were called to active duty in
the United States military who have now returned from various levels of
participation, including service in Iraq, and invited Congressman Goodlatte to
attend the meeting.
Council Member Cutler advised that if Norfolk Southern is anxious to solicit
public support, i.e.: to have some of the costs of enlarging the tunnels in West
Virginia, etc., paid for by the public and become a partnership, the same logic
might also apply to a straight running double track from the Shenandoah Valley
line to parallel Interstate 81, and cooperate with those persons who would like to
see rail passenger service return to western Virginia. He stated that it appears
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that Norfolk Southern and private railroad companies, in general, have
historically been reluctant to become involved with the public sector due to
possibly more regulation orthe sharing of certain decision making. He inquired
about Federal funding for the Dumas Center; whereupon, Congressman
Goodlatte advised that a $7 million project is anticipated that could involve
construction of an auditorium and expansion of the Dumas facility and it is
hoped that an announcement will be made in the near future.
Council Members Dowe and Lea expressed appreciation to Congressman
Goodlatte for his assistance on behalf of the City of Roanoke to identify Federal
funding sources to help the City achieve many of its goals and objectives.
Vice-Mayor Fitzpatrick expressed appreciation to Congressman Goodlatte
for his assistance over the years. He advised that the history and heritage of the
Roanoke Valley has been transportation-oriented and will continue to be, but the
question is how to work collectively to develop that heritage, whether it be
intermodal or the Heartland in a part of the national corridor. He called attention
to discussions regarding higher education, which is basically the region's largest
business, because this area has more college students than any other area in the
Commonwealth of Virginia, but following graduation, these young people leave
the Roanoke Valley and go elsewhere to find jobs, therefore, there must be a
connection between Roanoke's transportation heritage and its young people. He
advised that the City of Roanoke owes Congressman Goodlatte a debt of
gratitude and asked that he feel free to call on the City whenever the City
officials/staff may be of assistance.
The City Manager commended Congressman Goodlatte on his relationship
with the City because he personally talks with City representatives when he needs
answers or when City representatives need to speak with him on issues that
impact the City of Roanoke, which makes the relationship between the
Congressman and the City quite unique.
Council Member Cutler advised that the investment that has been made in
the O. Winston Link Museum and the Roanoke Valley Convention and Visitors
Center is outstanding and the facility has become one of the jewels of downtown
Roanoke. He expressed appreciation to Congressman Goodlatte for his efforts
on the City's behalf.
BONDS/BOND-ISSUES: The Director of Finance submitted a briefing on the
City of Roanoke's fall 2004 Bond Issue. He advised that:
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Council authorized the following debt issuance:
Police Building Phase II
Fire/EMS Facilities
Downtown West Parking Garages
Patrick Henry High School
Riverside Center for Research and Technology
Civic Center Phase II Expansion
Total
$ 6,670,000.00
4,435,000.00
2,000,000.00
46,775,000.00
5,500,000.00
14,300,000.00
$79,680,000.00
Patrick Henry High School:
Financing assumptions include $7.5 million
Literary Fund Loan and potential VPSA Bonds
Literary Fund Loans/VPSA Interest Rate Subsidies not currently available
Riverside Center for Research and Technology:
Project is private activity related per IRS guidelines
Application pending with Virginia Small Business Financing Authority for
allocation of qualified redevelopment bond to avoid issuance of taxable
bonds
Factors to be considered:
Maximum cash flow needed through fall 2005 totals $46 million
Literary Fund loans for partial financing of Patrick Henry High School not
currently available
Negative arbitrage is significant (difference between interest paid on
bonds and interest earned on bond proceeds)
Interest rate risk for one year
The Director of Finance recommended:
Issue $46,000,000.00 of the $79,680,000.00 authorized debt in the
fall of 2004 versus issuing the total amount.
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Approximately $26,000,000.00 of bond issuance can be extended
for one to one and one-half years.
Projected interest savings for fiscal year 2006 would be
$700,000.00-$750,000.00 (projected using current rates)
Provides flexibility for future Literary Fund Loan or VPSA Interest
Rate Subsidy Program
GRANTS: The City Manager introduced a briefing on the City's HUD Policy
and Planning for fiscal years 2005-2010.
Frank Baretta, Budget Team Leader, Department of Management and
Budget, presented a briefing on HUD Policy and Planning for 2005-2010, with
emphasis on refining the City's distribution of CDBG funding.
Mr. Baretta called attention to a recent communication which was sent to
the Mayor and Members of Council regarding the new five year Consolidated Plan
that is currently being addressed by staffwhich included priorities and objectives
to be considered for the 2005-2010 period. He explained that the City submits
a five year plan to HUD and annual update in order to receive CDBG, HOME and
ESG grants and of the three, CDBG is by far the largest, providing about $2.2
million in new funds yearly, HOME provides approximately $750,000.00 and ESG
provides about $80,000.00.
He advised that the City is in the last year of its current five-year plan; the
next plan will begin on July 1, 2005; to start the new plan on time, its priorities
and objectives must form the basis of the budgeting cycle that begins two
months from now; and draft priorities and objectives were developed through a
work group that started with staff and was expanded to include several City
residents.
He stated that closely aligned with the City's Consolidated Plan is a policy
on HUD funds, which Council adopted in September 2001; among the policy's
provisions, CDBG funds are targeted in certain ways; the policy presently directs
15 per cent to economic development (including repayments on a HUD Section
108 loan), 65 per cent to housing, ten per cent to human services, five per cent
to neighborhood development and five per cent to planning and administration;
and meanwhile, by regulation, HOME funds are all for Iow/moderate housing and
ESG is all for homeless services.
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He further stated that the City's HUD funds policy provides flexibility with
its CDBG funds; budgeting aims to achieve the target levels, but the City can
move funds among the categories, if needed and available and there is a need for
more of the CDBG to go to economic and neighborhood development.
He reviewed a slide indicating the City's actual distribution for CDBG last
year and funds budgeted to date this year, which reflects the relative high value
that the City places on using its CDBG for housing, however, still less CDBG was
used for housing than the policy targets.
Mr. Baretta advised that many factors can influence the City's actual
distribution of CDBG funds compared to targets; for example, nearly
$400,000.00 in CDBG was shifted to the neighborhood category for the traffic
calming efforts in the Southeast By Design project, which was of major
importance to residents; another example is that the amount of CDBG funds
available each year can vary, so the percentage devoted to the City's annual
Section i08 loan payment can vary as overall CDBG funds vary; another example
is the unpredictability of applications to be received, while having to avoid
leaving funds unprogrammed since HUD has rules against building up unspent
funds; and such factors contribute to shifts compared to the City's original
targets.
He stated that housing remains by far the City's top priority, with CDBG
contributing beyond assistance to Iow/moderate persons; draft priorities and
objectives include $1.2 million in CDBG incentives for those above the
Iow/moderate income level to renovate deteriorated housing; the City will also
seek greater leveraging of its HUD fund from private and other public sources,
while supporting infrastructure, commercial and other neighborhood
improvements and keep its sights on the other four "focus neighborhoods" and
ways that the City can provide assistance, while the bulk of the HUD funds serve
the Gainsboro and Gilmer areas; and it is expected that the CDBG distribution
under the City's HUD policy will need to be adjusted.
Mr. Baretta reviewed a slide showing the City's current thinking for
adjusting the CDBG distribution for the 2005-20:10 period; economic
development would need to rise to 22.5 per cent; it would then be necessary to
create a small category of 0.5 per cent for CDBG Homeless Services which would
fund the comprehensive study and annual updates shown in the priorities and
objectives received; CDBG Housing funds would remain at the current 57 per cent
level actually funded for 2004-2005; with HOME funds, approximately two-thirds
of all the City's HUD funds will go for housing; Human Services will stay at its
current ten per cent; neighborhood development will rise to ten per cent,
primarily as a result of the City's experience in needing funds for infrastructure
238
needs; it is believed that the Planning/Administration category should be deleted
which represent more of a cost classification and should be seen as part of the
other categories; and moreover, flexibility is needed to deal with such costs
according to the needs of the project within the limits allowed by regulations.
He advised that priorities and objectives that the City is considering for the
next five years cover a range of community needs, such as providing incentives
to non-low/moderate persons to tackle blighting housing; at the same time, the
City must continue to raise the value of Iow/moderate housing and assist those
with special needs; CDBG will also continue to contribute toward the many
human services needs of individuals and families; and the City wishes to foster
involvement of neighborhood groups, preserve historic places and enhance
infrastructure, while assisting businesses.
Looking at tasks ahead, Mr. Baretta advised that the City wishes to broaden
public input beyond what has been received through the work group;
information will be sent to approximately 400 individuals and agencies with
regard to draft priorities and objectives, supplemented by an advertisement in
the newspaper and information provided directly to the Roanoke Neighborhood
Advocates, and information on the City's website, with the ability for viewers to
respond by e-mail; on September 23, 2004, an open-house-style public meeting
will be held for interested persons to discuss and comment on the draft; and in
November, the budget cycle will begin and in May, 2005 Council will be
requested to approve the new five-year plan and associated revisions to the HUD
policy.
At 1:50 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 2:00 p.m., in the Council Chamber.
At 2:00 p.m., on Tuesday, September 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
C. Nelson Harris presiding.
PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, .ir., Sherman P. Lea, Brenda L. McDaniel and
Mayor C. Nelson Harris .............................................. 7.
ABSENT: None .................................................. O.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Vice-Mayor Beverly T.
Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
DECEASED PERSONS: Council Member Dowe offered the following
resolution expressing sympathy upon the passing of Mrs. Christine Price Lea,
mother of Council Member Sherman P. Lea, on Tuesday, August 17, 2004:
(#36824-090704) A RESOLUTION memorializing the late Christine Price
Lea, mother of Council Member Sherman P. Lea.
(For full text of Resolution, see Resolution Book No. 69, Page 89.)
Mr. Dowe moved the adoption of Resolution No. 36824-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, McDaniel, and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Lea abstained from voting.)
The Mayor presented a ceremonial copy of the above referenced measure
to Council Member Lea, on behalf of the Lea family.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Mr. Fitzpatrick offered the
following resolution recognizing and commending City employees returning from
active duty as Army National Guard, Air Force Air National Guard, and Army,
Navy, Air Force and Marine Corps Reservists, who served their country during
"Operation Iraqi Freedom":
240
(#36825-090704) A RESOLUTION paying tribute to City employees who
have returned from active duty as Army National Guard, Air Force National Guard,
and Army, Navy, Air Force and Marine Corps reservists who served their country
during "Operation Iraqi Freedom."
(For full text of Resolution, see Resolution Book No. 69, Page 90.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36825-090704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Louie A. Cross, representing reservists employed by the City of Roanoke,
expressed appreciation to Council and to the City Manager for previous action
taken by the Council to provide full pay and benefits to City employees called to
active duty in the Armed Forces.
The Mayor presented a ceremonial copyofthe above referenced resolution
to the following reservists: Scott E. Bradford (Navy Reserve), Robert P. Campbell
(National Guard), Louie A. Cross (Army Reserve), Jeremy Todd Evans (Air Force
Reserve), Richard Alden Frantz, III (Army Reserve), Douglas Lynn Hurd (National
Guard), Jeffrey P. Jenkins (Army Reserve), Robert A. Johnson (Army Reserve),
Darrick A. Jones (Army Reserve), Paul Eric Laprad (Army Reserve), Brian K.
McDaniel (Marine Corps Reserve), Maurice Nicholson (National Guard), Joseph E.
Orange (Army Reserve), and Daryl W. Songer (Air Force Air National Guard).
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation
declaring Thursday, September 16, 2004, as Friends of the Library Day.
PROCLAMATIONS-CITY COUNCIL: The Vice-Mayor presented a
proclamation declaring September 7, 2004, as C. Nelson Harris Day in
recognition of the Mayor's 40'h birthday on August 21, 2004.
241
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.
MINUTES: Minutes of the special meeting of Council held on Tuesday,
July 6, 2004; the organizational meeting and the regular meeting of Council held
on Tuesday, July 6, 2004, recessed until Friday, July :~6, 2004, and recessed until
Monday, July 19, 2004; and the regular meetings of Council held on Monday,
July 19, 2004, and Monday, August 2, 2004, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Cutler moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ....................................................
NAYS: None .................................................... 0.
AUDITS/FINANCIAL REPORTS-COMMITTEES: Minutes of the Audit
Committee meeting, which was held on Monday, August 16, 2004, were before
the body.
Topics of discussion:
Internal Audit Reports:
Cash & Inventory Counts
Civic Center Maintenance
Code Enforcement
Data Mining
242
New Business:
Municipal Auditing Annual Report -June 20, 2004
Audit Committee Annual Report -June 30, 2004
Municipal Auditing 2005 Annual Plan
Engagement Letter-Roanoke City Public Schools
Mr. Cutler moved that the Minutes be received and filed. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
BUSES-COMMITTEES: Minutes of the Greater Roanoke Transit Company
Audit Committee meeting which was held on Monday, August 16, 2004, were
before the body.
Topics of discussion: Internal Audit Reports, Inventory Count.
Mr. Cutler moved that the Minutes be received and filed. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
BUDGET-CITY COUNCIL: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, September 20,
2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider
an adjustment to the City of Roanoke fiscal year 2004-2005 budget, was before
the body.
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The City Manager advised that each year, the year-end General Fund
balance and retained earnings for Internal Service Fund and Enterprise Funds are
appropriated for the funding of Capital Maintenance and Equipment Replacement
(CMERP) and other necessary items; and a Council report recommending
appropriation of additional funds is scheduled to be presented to Council on
Monday, September 20, 2004.
It was further advised that pursuant to Section 1.5.2-2507, Code of Virginia
(1.950), as amended, a locality may amend its budget to adjust the aggregate
amount to be appropriated during the current fiscal year as shown in the current
adopted budget, however, any such amendment which exceeds one per cent of
total expenditures shown in the adopted budget, or the sum of $500,000.00,
whichever is lesser, must be accomplished by publishing a notice of a meeting
and a public hearing.
Mr. Cutler moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
COMMITTEES-PERSONNEL DEPARTMENT: A communication from Kenneth S.
Cronin, Secretary, Personnel and Employment Practices Commission, advising of
the resignation of Tamara S. Asher as a member of the Personnel and
Employment Practices Commission, was before Council.
Mr. Cutler moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
244
COMMITTEES-FLOOD REDUCTION/CONTROL: A communication from
Herbert C. Berding,Jr., tendering his resignation as a member of the Flood Plain
Committee, was before Council.
Mr. Cutler moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
PARKS AND RECREATION-COMMITTEES-YOUTH-LIBRARIES-FIFTH
PLANNING DISTRICT COMMISSION: The following reports of qualification were
before Council:
C. Nelson Harris, Brenda L. McDaniel and William D. Bestpitch
as members of the Roanoke Valley Allegheny Regional
Commission, for terms ending June 30, 2006;
Sharon Hicks as a member of the Youth Services Citizen Board,
for a tem ending May 31, 2007;
Herbert D. McBride as a member of the Roanoke Public Library
Board, for a term ending June 30, 2007; and
Christene A. Montgomery and Sharon L. Stinnette to fill
unexpired terms of office on the Parks and Recreation
Advisory Board, ending March 31, 2005.
Mr. Cutler moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
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REGULAR AGENDA
PUBLIC HEARINGS:
SCHOOLS-BONDS/BOND ISSUES: Pursuant to action taken by the Council,
the City Clerk having advertised a public hearing for Tuesday, September 7,
2004, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a
request of the Roanoke City School Board that Council adopt a resolution, or
resolutions, approving issuance by the City of Roanoke of its general obligation
bond, or bonds, in an amount estimated not to exceed $1,300,000.00, for the
purpose of financing certain capital improvements for Lincoln Terrace Elementary
School, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, August :~9, 2004, and Thursday, August 26, 2004.
A communication from George J. A. Clemo, Attorney, advising that on
August 16, 2004, at the request of the Roanoke City School Board, Council
adopted Resolution No. 36816-081604, authorizing the filing of an application
with the Virginia Public School Authority (VPSA) for bond financing of
$1,300,000.00 for capital improvements at Lincoln Terrace Elementary School,
and authorizing publication of a notice of public hearing as required by the
Public Finance Act before the bonds may be issued; and the VPSAapplication was
filed on August 25, 2004.
Mr. Clemo further advised that no action is required by the Council, other
than the holding of a public hearing; and following receipt of the final debt
service schedule for the bonds by the VPSA, a final bond resolution will be
submitted to Council for consideration at a future Council meeting.
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.
No action was required to be taken by the Council.
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PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from
the Commonwealth's Attorney advising that the Victim/Witness Assistance
Program was awarded a 12 month, $107,201.00 grant (No. 05-K8554VW04) for
July 2004 through June 2005 by the Department of Criminal Justice Services
(DCJS), which will allow the Victim/Witness Assistance Program to continue to
provide comprehensive information and direct services to crime victims and
witnesses, in accordance with the Virginia Crime Victim and Witness Rights Act;
and the Victim/Witness Program continues to operate with a full-time
coordinator for the Circuit Court, one full-time assistant for the Juvenile and
Domestic Relations Court and one full-time assistant for the General District
Court.
It was further advised that the Victim/Witness Program is coordinated by
the Office of the Commonwealth's Attorney, at a cost to the City of $25,671.00
as a local cash match, for atotal grant budget of $132,872.00; and the local cash
match is equal to that of fiscal year 2003-2004 and is included in the General
Fund fiscal year 2004-2005 adopted budget in the Transfers to Grant Fund
Account.
The Commonwealth's Attorney recommended that Council accept
Victim/Witness Grant No. 05-K8554VW04, in the amount of $107,201.00, with
the City of Roanoke providing $25,671.00 as a local cash match from monies
provided in the Transfers to Grant Fund Account in the fiscal year 2004-2005
budget, for a total grant of $132,872.00; authorize the City Manager to execute
all appropriate documents to be approved as to form by the City Attorney; that
Council appropriate funds totaling $132,872.00 and increase corresponding
revenue estimates in accounts established by the Director of Finance in the Grant
Fund; and transfer $25,671.00 from the General Fund Transfers to Grant Fund
Account No. 001-250-93~0-9535 to a Grant Fund account to be established by
the Director of Finance.
Acommunication from the City Manager concurring in the recommendation
of the Commonwealth's Attorney was also before Council.
247
Mr. Fitzpatrick offered the following budget ordinance:
(#36826-090704) AN ORDINANCE to appropriate funding for the Victim
Witness Program Grant, amending and reordaining certain sections of the 2004-
2005 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 9]..)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36826-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36827-090704) A RESOLUTION authorizing the acceptance of a grant
made to the City of Roanoke by the Commonwealth of Virginia Department of
Criminal Justice Services for a Victim/Witness Assistance Program and
authorizing the execution and filing by the City Manager of the conditions of the
grant and other grant documents in a form approved by the City Attorney.
(For full text of Resolution, see Resolution Book No. 69, Page 92.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36827-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
248
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a communication advising that the Virginia Department of Health,
Office of Emergency Medical Services, administers a Rescue Squad Assistance
Fund (RSAF) grant program which is awarded twice annually; and Roanoke Fire-
EMS applied in March 2004 for the grant in order to purchase Ford Type III
Ambulance and Training equipment, which will help the department to meet
Commonwealth of Virginia Accreditation requirements.
It was further advised that in July 2004, the State Office of Emergency
Medical Services awarded Roanoke Fire-EMS a grant of $40,982.00 for the above
referenced project, requiring a $53,:~55.00 local match; sufficient matching
funds for the grant are budgeted in two accounts; and action by Council is
needed to formally accept and appropriate the funds and to authorize the
Director of Finance to establish revenue estimates and appropriate accounts to
purchase the equipment and supplies in accordance with provisions of the grant.
The City Manager recommended that Council authorize acceptance of the
grant and appropriate State grant funds of $40,982.00, with a corresponding
revenue estimate, in accounts to be established by the Director of Finance in the
Grant Fund; transfer the local match of $53,155.00 from the Fleet Management
Fund and the Local Match Funding for Grants Fund to the Grant Fund account;
and authorize the City Manager to execute the required grant agreements to be
approved as to form by the City Attorney.
Mr. Dowe offered the following budget ordinance:
(#36828-090704) AN ORDINANCE to appropriate funding for the Rescue
Squad Assistance Fund Grant, amending and reordaining certain sections of the
2004-2005 Fleet and Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 93.)
249
Mr. Dowe moved the adoption of Ordinance No. 36828-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick; Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Mr. Dowe offered the following resolution:
(#36829-090704) A RESOLUTION authorizing the acceptance of the Rescue
Squad Assistance Fund ("RSAF") Grant made to the City of RoanOke by the
Virginia Department of Health, Office of Emergency Medical Services, and
authorizing the execution and filing by the CitY Manager of the conditions of the
grant and other grant documents approved as to form by the City AttOrney.
(For full text of Resolution, see Resolution Book No. 69, Page 94.)
Mr. Dowe moved the adoption of Resolution No. 36829-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
JUVENILE CORRECTION FACILITIES-BUDGET-GRANTS-YOUTH: The City
Manager submitted a communication advising that the City of Roanoke has
received notification that an application for funds under the. Juvenile
Accountability Block Grant (JABG) One Time Special Funding Initiative has been
reviewed and approved by the Virginia Department of Criminal Justice Services
(DCJS); funding will be used to provide equipment and supplies to a volunteer
task force, which has been established under the Director of Social/Human
Services to consider the City of Roanoke's Comprehensive Strategy for. Juvenile
Offenders; and the goal of the Task Force is to study the City of Roanoke's
current system for juvenile offenders and to make recommendations for a more
comprehensive and appropriate response to juvenile offender needs.
25O
The City Manager further advised that the approved amount of the One
Time Special Funding Initiative ($8,333.00) is available on a reimbursement basis
only; and funds must be expended or obligated during the award period between
September 1 and December 31, 2004.
The City Manager recommended that Council adopt a resolution accepting
the $8,333.00 in JABG Special One Time Funding Initiative from the Virginia
Department of Criminal Justice Services, Application No. 04-JBOT-28, for the City
of Roanoke's Comprehensive Strategy for Juvenile Offenders; authorize the City
Manager to execute the required grant acceptance, and any other forms required
by the Department of Criminal Justice Services; appropriate $8,333.00 in
accounts to be established by the Director of Finance in the Grant Fund, and
adopt a revenue estimate of the same amount.
Mr. Cutler offered the following budget ordinance:
(#36830-090704) AN ORDINANCE to appropriate funding for the Juvenile
Accountability Block Grant One Time Special Funding Initiative, amending and
reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 95.)
Mr. Cutler moved the adoption of Ordinance No. 36830-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Mr. Cutler offered the following resolution:
(#36831-090704) A RESOLUTION authorizing acceptance of Juvenile
Accountability Block Grant One Time Special Funding Initiative funds from the
Virginia Department of Criminal Justice Services on behalf of the City, authorizing
execution of any and all necessary documents to comply with the terms and
conditions of the grant and applicable laws, regulations, and requirements
pertaining thereto.
(For full text of Resolution, see Resolution Book No. 69, Page 96.)
251
Mr. Cutler moved the adoption of Resolution No. 36831-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that Congress has appropriated funds for continuation
of the Local Law Enforcement Block Grant (LLEBG) for the period of October 1,
2004, through September 30, 2006, to be administered by the Bureau of Justice
the Assistance and the U. S. Department of Justice; the purpose of the program is
to provide funds to units of local government to underwrite projects designed to
reduce crime and to improve public safety; the City of Roanoke has been
awarded $51,017.00; grant conditions require a local match amount of
$5,669.00, for a program total of $56,686,00; and the award is significantly less
than awards in previous years due to budget cuts to the program, however, the
award renews Roanoke's LLEBG grant program for the eighth consecutive year.
It was further advised that grant funds must be used for: (1) payment of
overtime to presently employed law enforcement officers for the purpose of
increasing the number of hours worked by such personnel, and (2) procuring
equipment, training and other materials directly related to basic law enforcement
functions, police bicycle patrol, directed at specific/problem areas or
neighborhoods, will be continued through the program; grant funds become
available only after a public hearing has been held by Council and an LLEBG
program advisory committee meeting has been conducted by the Police
Department; and the public hearing and LLEBG advisory committee meeting must
be conducted prior to October 13, 2004.
It was further advised that the LLEBG program requires that all grant funds
($51,017.00) be placed in an interest bearing account; based on interest earned
during the past year of LLEBG funding, interest earnings of $750.00 are
anticipated for the grant; and the local cash match of $5,669.00 is available in
the Police Department's State Asset Forfeiture account.
252
The City Manager recommended that Council accept the Local Law
Enforcement Block Grant (LLEBG) of $51,017.00 from the Bureau of Justice
Assistance, with the Police Department providing $5,669.00 as a local cash
match from State Asset Forfeiture Account No. 035-640-3302-2:149, and
$750.00 in anticipated interest earnings; authorize the City Manager to execute
the grant agreement and any related documents, subject to approval as to form
by the City Attorney; and appropriate $57,436.00 and establish corresponding
revenue estimates in accounts to be established by the Director of Finance in the
Grant Fund, as follows:
Overtime $53,354.00
FICA 4,082.00
Total $57,436.00
Ms. McDaniel offered the following budget ordinance:
(#36832-090704) AN ORDINANCE to appropriate funds for the Local Law
Enforcement Block Grant, amending and reordaining certain sections of the
2004-2005 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 97.)
Ms. McDaniel moved the adoption of Ordinance No. 36832-090704. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
Ms. McDaniel offered the following resolution:
(#36833-090704) A RESOLUTION authorizing the acceptance of the Local
Law Enforcement Block Grant offer made by the Bureau of Justice Assistance and
authorizing the execution of any required documentation on behalf of the City, in
a form approved by City Attorney.
(For full text of Resolution, see Resolution Book No. 69, Page 98.)
253
Ms. McDaniel moved the adoption of Resolution No. 36833-090704. The
motion was seconded by Mr. Wishneff and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. 0.
BUDGET-GRANTS-FDETC: The City Manager submitted a communication
advising that the City of Roanoke is the grant recipient forWorkforce Investment
Act (WlA) funding, thus, Council must appropriate funds for all grants and other
monies received in order for the Western VirginiaWorkforce Development Board
to administer WlA programs; and the Western Virginia Workforce Development
Board administers the Federally funded Workforce Investment Act (WlA) for
Area 3, which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin
and Roanoke, and the Cities of Covington, Roanoke, and Salem.
'It was further advised that WlA funding is intended for four primary client
populations:
· Dislocated workers who have been laid off from employment through
no fault of their own;
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U. S. Department of Labor;
· Youth who are economically disadvantaged, or have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services.
It was explained that the Western Virginia Workforce Development Board
has received a Notice of Obligation from the Virginia Employment Commission
allocating $77,857.00 for the Adult Program, which serves economically
disadvantaged persons; $].13,884.00 for the Dislocated Worker Program, which
serves persons laid off from employment through no fault of their own;
$192,069.00 for the Youth Program, which serves economically disadvantaged
youth in Program Year 2004 (July 1, 2004 -June 30, 2006); and the Western
Virginia Workforce Development Board has received an NOO (Nature of
Obligation) from the Virginia Employment Commission adjusting the allocation
for Program Year 2003 (July 1, 2003 -June 30, 2005) which decreases the Adult
Program allocation by $2,374.00 and increases the Dislocated Worker Program
by $ 70.00.
254
The City Manager recommended that Council appropriate Western Virginia
Workforce Development Board Workforce Investment Act funding of $383,810.00
and establish corresponding revenue estimates in accounts to be established in
the Grant Fund by the Director of Finance; and decrease Program Year 2003
Adult Program appropriations and revenue accounts by $2,374.00 and increase
Program Year 2003 Dislocated Worker Program appropriations and revenue
accounts by $70.00.
Mr. Cutler offered the following budget ordinance:
(#36834-090704) AN ORDINANCE to appropriate funding for the fiscal
year 2005 Workforce Investment Act Grant and to de-appropriate funding for the
fiscal year 2004 Grant, amending and reordaining certain sections of the 2004-
2005 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 99.)
Mr. Cutler moved the adoption of Ordinance No. 36834-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Virginia Institute for Social Service Training
Activities (VlSSTA) program provides valuable training classes for local
Department of Social Services staff, including social workers, eligibility workers,
supervisors and administrative staff, as well as training for local Department of
Social Services approved or State licensed child care providers; training events
enhance the knowledge and skills of staff and child care providers, such that
vulnerable children, adults and families are effectively assisted in obtaining an
appropriate level of safety and self-sufficiency; the Virginia Department of Social
Services grants funds to Virginia Commonwealth University (VCU) for operation of
five VlSSTA Area Training Centers throughout the Commonwealth; and the City of
Roanoke Department of Social Services has received an annual sub-award for
local supervision and operation of the Piedmont AreaTraining Center since 1998.
255
It was further advised that the current budget for the program is
$344,000.00, with the actual sub-award amount being $40].,69]..00, which
includes funding for an additional training assistant position that is needed due
to the Virginia Department of Social Services Policy Training being added to
VISSTA's responsibilities, and is issued on a cost reimbursable basis.
The City Manager recommended that she be authorized to accept the
$401,691.00 sub-award from Virginia Commonwealth University, and to execute
the Sub-award Agreement and any other required documents, all documents to
be subject to approval by the City Attorney; and that the Director of Finance be
authorized to increase the revenue estimate for VlSSTA Account No. 001-110-
1234-0671, in the amount of $57,691.00, and appropriate funds to the
following accounts:
001-630-5318-2020
001-630-5318-2075
001-630-5318-2160
001-630-5318-2066
001-630-5318-].002
001-630-5318-].120
001-630-5318-1105
001-630-5318-1125
001-630-53].8-1130
001-630-53].8-1131
(VISSTA Telephone)
(VlSSTA Printing)
(VlSSTA Postage)
(VlSSTA Program Activities)
(Regular Employee Salaries)
(FICA)
(City Retirement)
(Hospitalization Insurance)
(Life Insurance)
(Disability Insurance)
$2,000.00
2,000.00
1,500.00
].8,932.00
25,363.00
].,940.00
2,283.00
3,300.00
289.00
84.00
$57,691.00
Mr. Fitzpatrick offered the following budget ordinance:
(#36835-090704) AN ORDINANCE to appropriate funding for the Virginia
Institute for Social Service Training Activities (VlSSTA), 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. 69, Page ].01.)
256
Mr. Fitzpatrick moved the adoption of Ordinance No. 36835-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. O.
Mr. Fitzpatrick offered the following resolution:
(#36836-090704) A RESOLUTION authorizing the City Manager to execute
a subaward agreement with Virginia Commonwealth University for local
supervision and operation of the Virginia Institute for Social Service Training
Activities ("VlSSTA") Piedmont Area Training Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 102.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36836-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. 0.
REFUSE COLLECTION: The City Manager submitted a communication
advising that on August 1, 2001, the Virginia Waste Management Board of
Regulations issued document SNR.DEQ014 which required every municipality or
region to prepare an updated Solid Waste Management Plan to be presented to
the Department of Environmental Quality on or about July 1, 2004; the Virginia
Department of Environmental Quality facilitates solid waste management
planning throughout the State, which planning efforts are useful in tracking and
managing solid waste, promoting recycling and preventing long term problems
such as soil and water contamination; and Council adopted Roanoke's first and
only Solid Waste Management Plan in 1991, pursuant to Resolution No. 30619;
and to a large degree, the goals of the Plan have been met.
257
It was further advised that the Code of Virginia authorizes the Solid Waste
Management Board to promulgate regulations relating to the management of
solid waste requiring that all Plans be submitted to DEQ for approval; City staff
has led development of a draft Solid Waste Management Plan for the City of
Roanoke; the final draft of the Plan, for which the Vision Comprehensive Plan has
provided guidance, accounts for a number of changes that Roanoke's Solid Waste
Management division has instituted in recent years; the Plan also acknowledges
Roanoke's excellent recycling rate which exceeds the state-mandated 25 per
cent threshold; and on August 16, 2004, Council held a public hearing at which
time public comment on the Plan was solicited and no comments were made by
the public at that time.
The City Manager recommended that Council adopt the City of Roanoke's
Solid Waste Management Plan and authorize submittal of the Plan to the Virginia
Department of Environmental Quality for approval.
Mr. Cutler offered the following resolution:
(#36837-090704) A RESOLUTION regarding the adoption of a Solid Waste
Management Plan for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 69, Page 102.)
Mr. Cutler moved the adoption of Resolution No. 36837-090704. The
motion was seconded by Mr. Dowe.
Council Member Cutler inquired about the recycling of green and brown
glass which is currently taken to Cycle Systems on an individual basis, and
requested that City staff review viable options to recycling.
The City Manager advised that under the new contract with Cycle Systems,
the City reached the zero-floor price for recycling in August, 2004, thus avoiding
the payment of recycling fees for the month of August; and required tonnage for
the zero-floor price is 225 tons, the City of Roanoke recycled 233 tons in August
and saved $10,447.00 in disposal fees.
258
Dr. Cutler spoke in favor of merging recycling efforts with Roanoke County;
whereupon, the City Manager called attention to discussions with the County
Administrator regarding the possibility of collecting trash on the same day on
those streets that have both City and County residents, and Roanoke County has
expressed an interest in the proposal.
Vice-Mayor Fitzpatrick suggested that an article be published in the
Roanoke Citizen magazine advising citizens as to the amount of money that was
saved by the City on recycling in August, in an effort to help citizens to
understand how recycling saves the City money. He spoke in support of regional
recycling.
Resolution No. 36837-090704 was adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. 0.
BRIDGES-STATE HIGHWAYS-TRAFFIC: In view of certain action taken by the
Council at its 9:00 a.m. work session, the City Manager withdrew a
communication which was previously placed on the agenda recommending that
Council adopt a resolution endorsing the improvement of the First Street Bridge,
agreeing to pay the 20 per cent match to Federal funds ($497,000.00) and
agreeing to reimburse the Virginia Department of Transportation for the total
amount of costs expended by VDOT if the City subsequently elects to cancel the
project.
Council Member Wishneff advised that at the 9:00 a.m. work session,
Council unanimously adopted a motion to renovate the existing First Street
Bridge as a pedestrian only bridge, to continue ongoing efforts with
Congressman Goodlatte to obtain Federal funds for a pedestrian only bridge, and
to move forward with a memorial project to honor Dr. Martin Luther King, Jr.
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that historically, the Roanoke Redevelopment and
Housing Authority(RRHA) has administered avarietyof housing programs for the
259
City of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on May :[3, 2004, Council
authorized the RRHA's 2004-2005 housing activities by Resolution No. 36695-
051304, which approved the City's 2004-2005 Annual Update to the
Consolidated Plan for submission to the U. S. Department of Housing and Urban
Development (HUD); Council accepted the 2004-2005 CDBG and HOME funds on
June 21, 2004, pursuant to Ordinance No. 36719-062104 and Resolution No.
36720-062104, pending approval from HUD; and grant agreements with HUD
have since been signed.
It was further advised that in order for the RRHA to conduct housing
activities approved in the Consolidated Plan, authorization by Council to execute
an agreement with the RRHA is needed; necessary CDBG and HOME funding is
available in certain accounts; under the proposed agreement, a total of
$721,930.00 is being provided to the RRHA for owner and tenant-occupied
housing rehabilitation activities that will primarily serve the Gainsboro area
which, along with the Gilmer area, are the next neighborhoods to receive
targeted CDBG and HOME funding; the Agreement provides that limited repair
services for the elderly and emergency assistance may be provided to both
neighborhoods; the Agreement contains a mutual indemnification clause in which
both parties agree to indemnify the other for damages and expenses incurred as
a result of the other party's conduct; and the effect of the clause is that, in
certain circumstances, the City would waive its defense of sovereign immunity.
The City Manager recommended that she be authorized to execute the
2004-2005 CDBG/HOME Agreement with the Roanoke Redevelopment and
Housing Authority, to be approved as to form by the City Attorney.
Mr. Dowe offered the following resolution:
(#36838-090704) A RESOLUTION authorizing the appropriate City officials
to execute the 2004-2005 Community Development Block Grant and HOME
Investment Partnership Program Agreement with the Roanoke Redevelopment
and Housing Authority to conduct the housing activities approved in the
Consolidated Plan, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 104.)
260
Mr. Dowe moved the adoption of Resolution No. 36838-090704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. 0.
BRIDGES-NORFOLK SOUTHERN COPORATION: The City Manager submitted
a communication advising that the proposed reconstruction of the First Street
Bridge over the railroad tracks will require the relocation of Norfolk Southern
Railway Company's (Railway) signal system; negotiations with the Railway have
been completed and the City is ready to execute an agreement; estimated cost of
relocation and force account work totals $147,190.00, and funding is available in
First Street Bridge, Account No. 008-052-9574.
The City Manager recommended that she be authorized to execute the
agreement with Norfolk Southern Railway Company, to be approved as to form by
the City Attorney, as executed by the Railway.
Mr. Dowe offered the following ordinance:
(#36839-090704) AN ORDINANCE authorizing the City Manager to enter
into an agreement between the City of Roanoke and Norfolk Southern Railway
Company ("Railway") to provide for relocation of a portion of the Railway's signal
system attached to the First Street Bridge, 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. 69, Page 105.)
Mr. Dowe moved the adoption of Ordinance No. 36839-090704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, and Mayor Harris .......................................... 7.
NAYS: None .................................................. O.
261
CITY CODE-HUMAN DEVELOPMENT COMMITTEE: The City Manager
submitted a communication advising that Section 17-:[4, Code of the City of
Roanoke (1979), as amended, requires that a Human Resources Advisory Board
be established to interest itself in matters pertaining to the public local Social
Services Department and to monitor the formulation and implementation of
public assistance and social services programs; the Human Resources Advisory
Board is also required by State statute; and Section 2-301 of the City Code
establishes the Human Services Committee which is designed to make
recommendations to Council regarding the distribution of City Human Services
funds to local charitable organizations.
It was further advised that the Human Resources Advisory Board meeting
has not been well attended by members in recent years; the purpose of the
Advisory Board has been unclear, and activities of the Department of Social
Services are so tightly regulated that responsibilities of the Advisory Board are
very limited; the Human Services Committee is active fromJanuarythrough April
each year to make recommendations for distribution of City Human Services
funds; combining the two committees into one nine member Board, to be named
the Human Services Advisory Board, would be more effective and would fulfill the
purpose and duties of both the Human Resources Advisory Board and the Human
Services Committee; such action would also meet the requirements of the Code
of Virginia; and membership of the Human Services Advisory Board would consist
of the current active members of the Human Resources Advisory Board and the
Human Services Committee.
The City Manager recommended that Section 2-301, Code of the City of
Roanoke (1979), as amended, be amended, to eliminate the Human Services
Committee and amend Section 17-14 of the City Code to rename the Human
Resources Advisory Board, the Human Services Advisory Board, and to add the
duties of the Human Services Committee to the duties of the Human Services
Advisory Board; and appoint members of the Human Services Committee to the
Human Services Advisory Board, as follows: for terms of two years - Pam
Kestner-Chappelear and Frank Feather, for a term of three years - H. Clark
Curtis; and for a term of four years - Randy Leftwich and Corinne Gott as a new
member.
262
Mr. Fitzpatrick offered the following ordinance:
(#36840-090704) AN ORDINANCE amending §2-297, Established;
repealing §2-301, Human Services Committee, of Article XlV, Boards, Authorities,
Commissions and Committees, and amending §17-20, Functions, powers and
duties, of Article II, Advisory Board of Human Resources, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended,
abolishing the Human Services Committee; consolidating the functions, powers
and duties of the former Committee with those of the Advisory Board; changing
the name of the Advisory Board; and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 106.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36840-090704. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ................................................... 7.
NAYS: None ................................................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of July 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
would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of $1,139,814.00 from the 2004-2005 Capital
Maintenance and Equipment Replacement Fund to fund textbook adoptions,
administrative technology equipment, surveillance equipment, furniture
replacement, a modular building, facility improvements, and repair of a roof, was
before Council.
263
A report of the Director of Finance recommending that Council concur in
the request, was before the body.
Mr. Cutler offered the following budget ordinance:
(#3684:1-090704) AN ORDINANCE to appropriate funding for equipment
from the Capital Maintenance and Equipment Replacement Program (CMERP),
amending and reordaining certain sections of the 2004-2005 General and School
Funds Appropriations and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page :109.)
Mr. Cutler moved the adoption of Ordinance No. 3684:1-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
VIRGINIA MUNICIPAL LEAGUE: Council Member Dowe offered the following
resolution designation M. Rupert Cutler as Voting Delegate, Sherman P. Lea as
Alternate Voting Delegate, and George C. Snead, Jr., as Staff Assistant at the
2004 Annual Conference of the Virginia Municipal League:
(#36842-090704) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Session and meetings of the
Urban Section of the Virginia Municipal League and designating a Staff Assistant
for any meetings of the Urban Section.
(For full text of Resolution, see Resolution Book No. 69, Page 110.)
264
Mr. Dowe moved the adoption of Resolution No. 36842-090704. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................. 7.
NAYS: None .................................................. 0.
NATIONAL LEAGUE OF CITIES: Vice-Mayor Fitzpatrick offered the following
resolution designating ShermanP. Lea as Voting Delegate and BrianJ. Wishneff
as Alternate Voting Delegate for the 2004 Annual Business Meeting of the
National League of Cities:
(#36843-090704) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Meeting of the National
League of Cities.
(For full text of Resolution, see Resolution Book No. 69, Page 111.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36843-090704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................. 7.
NAYS: None .................................................. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PARKS AND RECREATION-CITY COUNCIL: Council Member Cutler
commended the City's Department of Parks and Recreation in connection with a
recent tabloid that was included in The Roano/~e Times, which called specific
attention to the City's Urban Forestry Program, entitled "Roanoke in Bloom" and
an article on Roanoke Valley watersheds.
265
CITY COUNCIL-CITY EMPLOYEES: Council Member Dowe recognized former
Council Members William Bestpitch, William Carder and Linda Wyatt who served
on City Council during the time that Council voted to award full pay and benefits
to City employees called to active military duty.
CITY COUNCIL-CITY EMPLOYEES-CITY GOVERNMENT: Vice-Mayor
Fitzpatrick commended all City employees who are responsible for maintaining
entrances to the City. He called attention to the need to erect signs at entrances
to the City indicating that the City of Roanoke is a five time All America City and
displaying the City's new branding theme.
SPORTS ACTIVITIES: Council Member Lea extended an invitation to
Roanoke's citizens to attend the Fifth Western Virginia Education Classic Football
Game to be held on Saturday, September 1]., 2004, at Victory Stadium, at which
time public safety personnel will be recognized, as well as a local citizen who lost
his life during the attack on the Pentagon on September 11,2001. He expressed
appreciation to City staff for their assistance in connection with the upcoming
event.
DIRECTOR OF FINANCE-CITY CLERK-CITY A-I-rORNEY-MUNICIPAL AUDITOR:
The Mayor advised that the two year terms of office of William M. Hackworth, City
Attorney; Jesse A. Hall, Director of Finance; Troy A. Harmon, Municipal Auditor;
and Mary F. Parker, City Clerk, will expire on September 30, 2004.
Mr. Cutler moved that William M. Hackworth be reappointed as City
Attorney; Jesse A. Hall be reappointed as Director of Finance; TroyA. Harmon be
reappointed as Municipal Auditor; and Mary F. Parker be reappointed as City
Clerk for terms of two years, each, commencing October 1, 2004 and ending
September 30, 2006. The motion was seconded by Mr. Dowe and unanimously
adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
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COMPLAINTS-HOUSING/AUTHORITY-SUBDIVISIONS: Mr. Robert R. Justice,
3659 Peakwood Drive, S. W., spoke with regard to the proposed upscale housing
development to be located off Peakwood Drive to be constructed by Len Boone &
Associates, and advised that he would like to address the process and not the
merits of the project on behalf of himself and his family. He called attention to
an announcement on the Roanoke City web site indicating that his next door
neighbor intended to sell her house to a real estate developer so that the house
could be demolished in order to provide road access to an approximately 50 acre
tract of undeveloped land behind his property, which was the first time he had
heard about the proposed development. He advised that a neighborhood
committee was appointed to review available options and a neighborhood
meeting was called to explain the proposed housing development which was
attended by a City official who did a creditable job in clarifying details of the
City's perspective on the issue. He stated that his purpose in appearing before
Council was to point out that this was the first time that there had been any
discussion about the project with citizens from the affected neighborhood,
although it appears that City officials, including Council, knew about the project
since at least May, 2004, and those property owners who will be the most
impacted by decisions were left out of the loop. He further stated that
regardless of whether or not the process is legal, the neighborhood should not
have been the last to find out about the proposed development. He advised that
the manner in which the project was handled by the City should be of concern to
every property owner in Roanoke, because if this kind of treatment can happen
to property owners in his neighborhood, it can also happen to property owners in
other sections of the City. He stated that in addition to being a place of comfort
and refuge, a person's home is a large capital investment and represents a large
portion of their estate, therefore, private developers and City government should
not have a license to potentially diminish or destroy this investment. In closing,
he stated that he did not wish to cast any doubts on the integrity of any of the
parties involved in the project because they acted both legally and with the best
intentions of the people involved for the good of the City of Roanoke; however,
sometimes good intentions developed in private and cloaked by legality, are not
always right for everyone and can sometimes lead to great distress. He strongly
recommended that Council review the matter so that past mistakes will not be
repeated.
267
BRIDGES: Mr. E. Duane Howard, 508 Walnut Avenue, S. W., addressed
Council in connection with the manner in which business is conducted in the City
of Roanoke. He quoted the following excerpt from asermon delivered by Dr.
Martin Luther King, Jr. in 1968 entitled, "The Drum Major Instinct": "Yes, if you
want to say that I was a drum major, say that I was a drum major for justice; say
that I was a drum major for peace; say that I was a drum major for righteousness,
and all of the other shallow things will not matter. Iwon't have any money to
leave behind, I won't have the fine and luxurious things in life to leave behind,
but I just want to leave a committed life behind, and that is all I want to say. If I
can help someone as I pass along, if I can cheer somebody with a word or a
song, if I can show somebody he is traveling wrong, then my living will not be in
vain." Mr. Howard inquired if the above words sound as though they came from
a man who would want the City of Roanoke to argue and to be divided over how
to honor him? He stated that there has been no meaningful public hearing on
the proposed First Street Bridge project, and expressed concern with regard to
the lack of attendance at meetings by members of the Martin Luther King, Jr.
Committee and recommendations were adopted by the Committee without
representation bya quorum of its membership. He called attention to opposition
by a majority of Roanoke's citizens who have not been allowed to provide input,
yet the City proposes to spend over $2 million of taxpayers' money on the First
Street Bridge.
PAY PLAN-CITY EMPLOYEES-HUMAN DEVELOPMENT: Mr. Robert E. Gravely,
729 Loudon Avenue, N. W., advised that the focus of Council should be on the
rights of the citizens of Roanoke. He also spoke in regard to an inequitable pay
scale among City employees, educating welfare recipients which will lead to a life
of self-sufficiency, and caring for Roanoke's elderly population.
BRIDGES: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that naming
the First Street Bridge in memory of Dr. Martin Luther King, Jr. is not the proper
place for a memorial to Dr. King, however, there appears to be a majority ruling
by Council to do so. She stated that some persons spoke in favor of also
honoring local citizens who played a role in the civil rights movement along with
Dr. King; however, she urged that the City exercise caution because to do so
could open the door to numerous requests. She stated that the name of Oliver
White Hill was mentioned during the Council's 9:00 a.m. briefing; the Gainsboro
Southwest Community Organization, the Gainsboro Neighborhood Alliance, and
268
the HistOric Gainsboro Preservation District previously requested Community
Developmei~t Block Grant funds to be allocated for the Oliver White Hill house
located on Gilmer Avenue, the request was denied and City staff indicated that
funds may be available at a later date. She suggested that the Hill house be
restored and named the Oliver White Hill Civil Rights Museum. She stated that
the Martin Luther King, Jr. Committee does not speak for all of the citizens of
Roanoke and Council has not solicited the remarks of citizens through a public
hearing process. She urged that citizens be allowed to speak with regard to
various briefings by City staff at the 9:00 a.m. Council work sessions which could
eliminate the necessity to speak at the 2:00 p.m. Council meetings.
Ms. Davis also spoke in support of installing screen doors on the housing
units of residents of Lincoln Village and that structural problems associated with
the housing units in Lincoln Village be addressed by the appropriate entity.
CITY MANAGER COMMENTS:
VIRGINIA MUNICIPAL LEAGUE-CITY EMPLOYEES-CITY INFORMATION
SYSTEMS: The City Manager welcomed back Rolanda Russell, Assistant City
Manager for Community Development, who has been on medical leave.
The City Manager advised that the City's new website was activated on
Saturday, September 4, 2004, and provides new and improved features.
The City Manager advised that the City of Roanoke will be recognized at
the Annual Conference of the Virginia Municipal League on October 3-5, 2004, in
Alexandria, Virginia, for the Southeast By Design program.
At 3:40 p.m., the Mayor declared the Council meeting in recess for two
Closed Sessions.
At 5:10 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, Mayor Harris presiding.
269
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Fitzpatrick moved that each Member of City Council certify to the best of his or
her knowledge that: (1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of information Act; and
(2) only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Lea and adopted by the following
vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there
are vacancies on the Roanoke Public Library Board, created by the resignations of
B. Gayle Graves and Brenda L. McDaniel, and called for nominations to fill the
vacancies.
Mr. Fitzpatrick placed in nomination the names of Lauren Saunders and
Owen C. Schultz.
There being no further nominations, Ms. Saunders and Mr. Schultz were
appointed as members of the Roanoke Public Library Board, for terms ending
June 30, 2007, by the following vote:
FOR MS. SAUNDERS AND MR. SCHULTZ: Council Members Wishneff, Cutler,
Dowe, Fitzpatrick, Lea, McDaniel, and Mayor Harris ........................ 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there are
vacancies on the Youth Services Citizen Board, created by the resignations of
Jamaal Jackson and Clay Wyatt, and called for nominations to fill the vacancies.
Mr. Fitzpatrick placed in nomination the names of JoAnn Edmunds and
Sherman P. Lea, Jr.
270
There being no further nominations, Ms. Edmunds was appointed for a
term ending May 31, 2006; and Mr. Lea was appointed to fill unexpired term of
Jamaal Jackson ending May 31,2005, as members of the Youth Services Citizen
Board by the following vote:
FOR MS. EDMUNDSAND MR. LEA: Council Members Wishneff, Cutler, Dowe,
Fitzpatrick, Lea, McDaniel, and Mayor Harris .............................. 7.
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: The Mayor
advised that there is a vacancy on the Parks and Recreation Advisory Board,
created by the resignation of Geraldine LaManna, and called for nominations to
fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Roger B. Holnback.
There being no further nominations, Mr. Holnback was appointed as a
member of the Parks and Recreation Advisory Board, to fill the unexpired term of
Geraldine LaManna, ending March 3:~, 2007, by the following vote:
FOR MR. HOLNBACK: Council Members Wishneff, Cutler, Dowe, Fitzpatrick,
Lea, McDaniel, and Mayor Harris ...................................... 7.
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the
four year term of office of Charles E. Hunter, III, as a Director of the Industrial
Development Authority, will expire on October :~9, 2004, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Charles E. Hunter, III.
There being no further nominations, Mr. Hunter was reappointed as a
Director of the Industrial Development Authority, for a term ending October 20,
2008, by the following vote:
FOR MR. HUNTER: Council Members Wishneff, Cutler, Dowe, Fitzpatrick,
Lea, McDaniel, and Mayor Harris ...................................... 7.
271
COMMITTEES-SOIL CONSERVATION: Mr. Fitzpatrick moved that Broaddus C.
Fitzpatrick and John P. Bradshaw, Jr., be nominated for appointment to the Blue
Ridge Soil and Water Conservation Board of Directors. The motion was seconded
by Mr. Cutler and unanimously adopted.
OATHS OF OFFICE-COMMITTEES-NEIGHBORHOOD ASSOCIATIONS: The
Mayor advised that there is a vacancy on the Roanoke Neighborhood Advocates,
created by the resignation of Joseph A. Schupp, and called for nominations to fill
the vacancy.
Mr. Fitzpatrick placed in nomination the name of Althea Pilkington.
There being no further nominations, Ms. Pilkington was appointed as a
member of the Roanoke Neighborhood Advocates, to fill the unexpired term of
Joseph A. Schupp, resigned, ending June 30, 2006, by the following vote:
FOR MS. PILKINGTON: Council Members Wishneff, Cutler, Dowe, Fitzpatrick,
Lea, McDaniel, and Mayor Harris ...................................... 7.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that there is a vacancy on the Roanoke Redevelopment and Housing Authority,
created by expiration of the term of office of Carolyn S. Bumbry, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Anita Powell.
There being no further nominations, Ms. Powell was appointed as a
Commissioner of the Roanoke Redevelopment and Housing Authority, for aterm
ending August 31, 2008, by the following vote:
FOR MS. POWELL: Council Members Wishneff, Cutler, Dowe, Fitzpatrick,
Lea, McDaniel, and Mayor Harris ...................................... 7.
272
There being no further business, the Mayor declared the meeting
adjourned at 5:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
273
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
September 20, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 20, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36762-070604 adopted by
Council on Tuesday July 6, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris .................................................... 7.
ABSENT: None ............................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by The Reverend Adrian Dowell, Pastor,
Shiloh Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that earlier this year,
three employees of WDBJ Television traveled to the western Ukraine to participate
in an exchange program with the radio and television company, Vezha. He
explained that the Ukraine Media Partnership Program is funded by the United
States State Department and coordinated by the International Research and
Exchange Board to promote the development of independent media.
On behalf of the Members of Council, the Mayor welcomed a delegation
from Ivano-Frankivsk who will be visiting the Roanoke area for two weeks as a
part of the exchange program.
274
The Mayor presented Honorary Citizen Certificates to Larysa Freyishyn,
Anzhelika Demyanova and Olena Tretyak and an iris tile, which is the official
flower of the City of Roanoke. He presented the interpreters with a City coaster
etched with the City of Roanoke's new branding logo.
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: Dr. Robert Roth, Chair,
Roanoke Sister Cities, presented an archive of information relative to the Sister
Cities Program, including files, newsletters, etc., which represent a
comprehensive report on activities of the organization dating back to 1968. He
advised that one copyofthe information will be filed with the Executive Director
of Roanoke Sister Cities and one copy will be presented to the City of Roanoke
for display at the City's Main Library.
ACTS OF ACKNOWLEDGEMENT-VIRGINIA AMATEUR SPORTS/
COMMONWEALTH GAMES-SPORTS ACTIVITIES: Peter Lampman, President,
Virginia Amateur Sports, Inc., expressed appreciation for the City of Roanoke's
support of the Virginia Commonwealth Games which were held in the City of
Roanoke on July 16-18, 2004, and represents the 15'h anniversary of the
Commonwealth Games. He reviewed the economic impact of the Commonwealth
Games on the Roanoke Valley; i.e.: 75 per cent of all athletes were under the age
of 18, 11 per cent were from the Richmond area, 12 per cent from northern
Virginia, 13 per cent from the Lynchburg area, 36 per cent from eastern Virginia,
and 26 per cent from the Roanoke Valley. He stated that the average length of
stay for athletes was 2.36 days, daily expenditures based on figures provided by
the Roanoke Valley Convention and Visitors Bureau is estimated at $150.00 per
person, totaling approximately $4.2 million, and local sales tax based on 4.5 per
cent is approximately $192,000.00, excluding restaurant, food and beverage
taxes.
Mr. Lampman presented a plaque in appreciation of the support of the City
of Roanoke and Virginia Commonwealth Games t-shirts to the Members of
Council.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a
proclamation to Mr. Stuart Harris, President, Greater Roanoke Valley Character
Coalition, declaring the month of October 2004, as Building Character Month.
The Building Character Month proclamation was issued jointly by the City
of Roanoke, Roanoke County, the City of Salem, the Town of Vinton and Franklin
County.
275
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately. He called specific attention to four requests for
Closed Session.
COMMITTEES-CITY COUNCIL: 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, and to interview applicants for one vacancy on the Architectural Review
Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia(1950), as amended,
was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded
by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(iO), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded
by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended,
was before the body.
276
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY PROPERTY: A communication from the City Manager requesting
that Council schedule a public hearing for Monday October 18, 2004, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard
to a proposed agreement with Colonial Partners, L.L.C., in connection with
development of approximately 23-acres of City owned property located on
Colonial Avenue, S. W., was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
(The public hearing was later rescheduled to Monday, November 15, 2004 at
7:00 p.m., or as soon thereafter as the matter may be heard in the City Council
Chamber.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-ROANOKE ARTS
COMMISSION-COURT COMMUNITY CORRECTIONS BOARD-VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM-TOWING ADVISORY BOARD: A report of the City Clerk
advising of the qualification of the following persons, was before Council.
A. L. Gaskins as a member of the Regional Virginia
Alcohol Safety Action Program Policy Board for a term
ending June 30, 2006;
A. L. Gaskins as a member of the Court Community
Corrections Program Regional Community Criminal
Justice Board for a term ending June 30, 2007;
277
Charles R. Brown as a member of the Towing Advisory
Board for a term ending June 30, 2007;
FrankW. Feather as a member of the Fair Housing Board
for a term ending March 31, 2007; and
Kristi Pedelty as a member of the Roanoke Arts
Commission for a term ending June 30, 2007.
Mr. Fitzpatrick moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY COUNCIL-ECONOMIC DEVELOPMENT: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss a
prospective business where no previous announcement of the interest of the
business in locating its facilities in the City of Roanoke has been made, pursuant
to Section 2.2-3711 (A)(5), Code of Virginia (1950), as amended, was before the
body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMITTEES-RAIL SERVICE: Former Mayor David A. Bowers advised that
with the announcement by the Governor of a change in State policy, a
change in policy by Norfolk Southern, and a willingness to consider
bringing passenger rail service back to Roanoke, the Passenger Rail
Service Committee, which was appointed by Council to represent the City of
Roanoke on matters involving passenger rail service, requests consideration
by Council in connection with reactivating the Passenger Rail Service Committee.
278
He stated that the City of Roanoke is a railroad town; Roanoke's citizens want
passenger rail service; in the 1990's, there was an effort to bring AMTRAK to
Roanoke, but a change in Congressional funding ended the prospect; therefore,
members of the Passenger Rail Study Committee were pleased with the
announcement by the Governor that the Commonwealth of Virginia is now
interested in pursuing the issue with Norfolk Southern of having what is referred
to as service railroad come into Roanoke. He compared service railroad to the
lines of the Virginia Railway Express from the Washington area to Fredericksburg,
Virginia, or the North Carolina railroad which is operated by the State of North
Carolina along Norfolk Southern lines, or the Mark system which is an intercityor
interurban railroad in the State of Maryland. He requested that the City of
Roanoke assume its role in a decision that will be made by Norfolk Southern
based on marketing and business concerns and by the Commonwealth of Virginia
based on budget concerns, by promoting Roanoke as a site for a passenger rail
service station.
Council MemberWishneffsuggested that Mayor Bowers' request be held in
abeyance until following a meeting of the Roanoke Valley Leadership Summit
which will be held on Friday, September 24, 2004, at 12:00 p.m., in Bedford
Virginia, at which time representatives of Norfolk Southern Corporation will
address intermodel transportation issues and the position of Norfolk Southern
regarding passenger rail service for the Roanoke Valley.
Vice-Mayor Fitzpatrick concurred in the remarks of Mayor Bowers that the
City of Roanoke should be prepared to make the necessary commitments as a
community so that if the prospect presents itself, Roanoke will be ready to
respond. He stated that Council will review the request to determine if there is a
need for a new committee, or if the current composition of the Passenger Rail
Service Committee is satisfactory. He expressed appreciation to Mayor Bowers
for calling the matter to the Council's attention; however, he cautioned that there
should not be a duplication of efforts by the Passenger Rail Service Committee
and the TransDominion Express.
Council Member Cutler referred to the feasibility of a regional approach to
return passenger rail service to Roanoke which would be similar to previous
actions to attract a Iow fare air carrier to the community by involving persons
from the private sector and from other local governments. He stated that he is
encouraged by the willingness of Norfolk Southern to consider public funding for
its Heartland Corridor line east to west, to use public funds to enlarge the
tunnels in West Virginia to bring freight from Norfolk, Virginia, to Columbus,
Ohio; a partnership between public funding and Norfolk Southern could
potentially lead to an improvement of the north-south rail line along the
Shenandoah Valley to remove freight from 1-81; and it is hoped that the entire
partnership attitude will include the return of passenger rail service to the
Roanoke Valley.
279
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See page 299.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-YOUTH: The City Manager submitted a communication
advising that the City of Roanoke has been selected as a grantee for the third
year of a three-year funding cycle for the Runaway and Homeless Youth Program
under provisions of the Runaway and Homeless Youth Act; the amount of the
grant is $12,675.00 annually, which funds will be used to cover the salaries and
fringe benefits of a Youth Counselor Ill, aYouth Counselor II, a Relief Counselor
and related program activities in the Sanctuary Outreach program; and the
required local match is offered as in-kind services.
It was further advised that the U. S. Department of Health and Human
Services awards grants for services in three year cycles; the project period for the
grant commenced on September 30, 2002, and will end on September 29, 2005;
focus of the program is to alleviate the problems of runaway and homeless youth
and their families, strengthen family relationships and encourage stable living
conditions; early intervention of Sanctuary Outreach staff in a combination of
shelter based and home based services offers runaway and homeless youth and
their families supportive services that will decrease the incidence of repeat
runaway episodes; and program services include: 24-hour intake and referral
access, temporary shelter, individual, group and family counseling, community
services linkages, after care services, case disposition and recreation
opportunities.
The City Manager recommended that Council adopt a measure accepting
$126,675.00 in 2004-2005 funding from the U. S. Department of Health and
Human Services, Grant No. 03CY0433/3, for Sanctuary's Runaway and Homeless
Youth Outreach program; authorize the City Manager to execute other forms
required by the Department of Health and Human Services, to be approved as to
form by the City Attorney; and appropriate $126,675.00 in Federal funds to
expenditure accounts in the Grant Fund in certain accounts to be established by
the Director of Finance and adopt a revenue estimate in the same amount in the
Grant Fund.
Mr. Dowe offered the following ordinance:
(#36845-092004) AN ORDINANCE to appropriate funds for the Runaway
and Homeless Youth Act Program, amending and reordaining certain sections of
the 2004-2005 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 112.)
280
Mr. Dowe moved the adoption of Ordinance No. 36845-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
Mr. Cutler offered the following resolution:
(#36846-092004) A RESOLUTION authorizing the acceptance of a grant
from the United States Department of Health and Human Services to be used for
salary and fringe benefits of counselors and related activities in the Sanctuary
Outreach Program; and authorizing the execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 69, Page 113.)
Mr. Cutler moved the adoption of Resolution No. 36846-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................... 7.
NAYS: None .................................................. O.
Council Member Lea inquired as to the number of homeless youth in the
City of Roanoke and in the Roanoke Valley; whereupon, the City Manager advised
that she would respond to the question later in the Council meeting.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services issued a
Request for Proposals to use Federal funds to provide job search, coaching, and
job retention services for hard-to-serve TANF recipients; the City of Roanoke
Department of Social Services responded with a proposal outlining its intent to
work collaboratively with TAP - This Valley Works, to provide work-related
services; under the proposal, eligible TANF recipients who must obtain
employment, but who have not been in compliance with certain regulatory
requirements, are provided with customized job search assistance; case
managers work with individuals to develop and initiate an individualized plan of
action to meet compliance requirements and to assist in securing and
maintaining employment; the project began in 2001 and is now in its fourth year;
and the City of Roanoke was awarded $76,400.00 in grant funding under the
TANF Hard-to-Serve Project for a portion of the State's fiscal year 2005 (May 1,
2004 through November 30, 2004).
281
The City Manager recommended that Council appropriate funds, in the
amount of $76,400.00, and establish a corresponding revenue estimate in
accounts to be established by the Director of Finance in the Grant Fund.
Mr. Dowe offered the following ordinance:
(#36847-092004) AN ORDINANCE to appropriate funding for the
Temporary Assistance For the Needy Families Hard-To-Serve Grant, amending
and reordaining certain sections of the 2004-2005 Grant Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 114.)
Mr. Dowe moved the adoption of Ordinance No. 36847-092004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
Mr. Dowe offered the following resolution.
(#36848-092004) A RESOLUTION authorizing acceptance of a grant award
under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project
from the Virginia Department of Social Services, for the purpose of providing job
search, job coaching and job retention services for eligible TANF recipients who
must obtain employment, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant.
(For full text of resolution, see Resolution Book No. 69, Page 115.)
Mr. Dowe moved the adoption of Resolution No. 36848-092004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................. · ................... 7.
NAYS: None .................................................. 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services has
allocated funds from the Federal TANF Grant to eligible State community-based
services; funds must be used for the purpose of job retention and wage
advancement of TANF recipients, or for former TANF recipients, in the period of
ineligibility; and in 2003, the City of Roanoke implemented a collaborative
project with Botetourt, Craig, Franklin, and Roanoke Counties, known as
IVledVlEW.
282
It was further advised that for fiscal year 2005, allocation for the project is
$68,057.00 which must be expended by November 30, 2004; monies will be
used to fund a contractual agreement with Goodwill Industries of the Valleys for
delivery of medical assessment services and job development services for hard-
to-employ recipients of TANF benefits; and the contract provides for up to four
one-year extensions.
The City Manager recommended that Council appropriate funds for job
retention and wage advancement, totaling $68,057.00, and establish a revenue
estimate of $68,057.00 in an account to be established by the Director of
Finance in the Grant Fund.
Mr. Dowe offered the following ordinance:
(#36849-092004) AN ORDINANCE to appropriate funding for the
Temporary Assistance For Needy Families Grant for job retention and wage
advancement, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 115.)
Mr. Dowe moved the adoption of Ordinance No. 36849-092004. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
Mr. Fitzpatrick offered the following resolution:
(#36850-092004) A RESOLUTION authorizing acceptance of a grant award
from the Federal Temporary Assistance for Needy Families (TANF) funding
allocated by the Virginia Department of Social Services in the amount of
$68,057.00 for the purpose of providing job retention and wage advancement of
TANF recipients or for former TANF recipients in the period of ineligibility, and
authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant.
(For full text of resolution, see Resolution Book No. 69, Page 116.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36850-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote: ---
283
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a
communication advising that in 2001, the City of Roanoke public library system
received a grant from the Bill and Melinda Gates Foundation to purchase
computers for public use; the computers, located at the Main Library, Melrose,
Gainsboro, Jackson Park and Roanoke Law Library branch locations, were
equipped with the latest educational and research software and enhanced the
library system's ability to foster computer-literacy among Roanoke citizens; in
July 2004, the Bill and Melinda Gates Foundation provided funding to the Library
of Virginia to begin the Stay/ng Connected Grant Program, which funding,
combined with Library Services and Construction Act grant funds, is available to
Virginia public libraries that were eligible and chosen to participate in the Bill and
Melinda Gates U. S. Library Program in 2001; the Roanoke Public Library system
was notified that it is eligible for a new grant of $13,850.00 to purchase ten new
public computer work stations; the additional public workstations will be
installed in the Main Library, Roanoke Law Library, Melrose, Gainsboro and
Jackson Park Branches; and the new computers will enable the public library
system to expand customer access to on-line educational and research
information.
The City Manager recommended that Council accept the Staying Connected
grant, in the amount of $13,850.00, and that shebe authorized to execute an
agreement with the Library of Virginia and any other forms that might be
necessary to accept said grant, with all documents to be approved as to form by
the City Attorney; and appropriate $13,850.00 in grant funds to Account No.
035-650-9752-9015 to be established in the Grant Fund by the Director of
Finance and establish a corresponding revenue estimate in the Grant Fund.
Mr. Cutler offered the following ordinance:
(#36851-092004) AN ORDINANCE to appropriate funding for the Staying
Connected Grant, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 116.)
Mr. Cutler moved the adoption of Ordinance No. 36851-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
284
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
Council Member Cutler suggested that Randall Funding and Development,
Incorporated, the City's grant consultant, inquire as to the feasibility of acquiring
grant monies from the Bill and Melinda Gates Foundation to be used as a source
of funding for construction of the City's new main library.
Mr. Fitzpatrick offered the following resolution:
(#36852-092004) A RESOLUTION authorizing the acceptance of the
Staying Connected Grant from the Bill and Melinda Gates Foundation in the
amount of $13,850 to purchase ten new public computer work stations for the
Roanoke Public Library System; and authorizing the execution of the necessary
documents.
(For full text of resolution, see Resolution Book No. 69, Page 118.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36852-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
HEALTH DEPARTMENT-LEASES: The City Manager submitted a
communication advising that the City of Roanoke and the Commonwealth of
Virginia, by the Virginia Department of Health (VDH), entered into a Lease
Agreement dated June 5, 2001, granting the Virginia Department of Health
permission to lease office space located at 515 and 530 8'h Street, S. W.; term of
the Lease Agreement began on July 1, 2001 and terminated on June 30, 2004;
and the Virginia Department of Health has leased space from the City of Roanoke
for a number of years prior to the most recent agreement and desires to continue
leasing the space for another year; and VDH planned to enter into a new sub-
lease with the City for space located at the Civic Mall; however, the VDH is not
prepared to enter into the new sub-lease this year due to budgetary concerns.
It was further advised that VDH has proposed an amendment to the current
lease agreement to extend the term by one year, which will establish a new
expiration date of June 30, 2005, with all other terms and conditions of the
agreement to remain unchanged; and the Lessee will continue to pay rent in the
amount of $38,950.00 per quarter.
285
The City Manager recommended that she be authorized to execute the
appropriate documents, to be approved as to form by the City Attorney, to
amend the Lease Agreement dated June 5, 2001, for space located at 515 and
530 8'h Street, S. W., to the Commonwealth of Virginia for use by the Virginia
Department of Health.
Mr. Cutler offered the following ordinance:
(#36853-092004) AN ORDINANCE authorizing the City Manager to execute
an amendment to the Lease Agreement dated June 5, 2001, between the City of
Roanoke and the Commonwealth of Virginia, by the Department of Health
("VDH"), to extend the term of the current lease agreement by one year, with an
expiration date of June 30, 2005, for office space located at 515 and 530 8'h
Street for the VDH, upon certain terms and conditions, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 118.)
Mr. Cutler moved the adoption of Ordinance No. 36853-092004. The
motion was seconded by Ms. McDaniel.
Council Member Cutler inquired if the City's representatives to the General
Assembly are aware of the interest of the Health Department to relocate to the
Civic Mall from the 8'" Street site, and will the matter be addressed as a part of
the City's 2005 Legislative Program.
Vice-Mayor Fitzpatrick, Chair of the Legislative Committee, advised that
the matter can be discussed at the October 18 meeting of the Legislative
Committee. He stated that members of the City's delegation to the General
Assembly are aware of the interest of the Health Department to relocate, but no
progress has been made due to funding issues at the State level.
The City Manager advised that Delegate Onzlee Ware is in the process of
arranging avisit by the Governor to the present Health Department facilities. She
called attention to the importance of including the matter as a part of the City's
2005 Legislative Program.
Ordinance No. 36853-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
286
CITY CODE-FEE COMPENDIUM-STREETS AND ALLEYS: The City Manager
submitted a communication advising that the 2003 Citizen Survey ranked Street
Paving Maintenance and Repair as an issue of high importance; Roanoke's
Comprehensive Plan, Vision 2001-2020, stresses the importance of a quality
street system linking the community; Council's Strategic Plan 2004 envisions
developing "strong neighborhoods through quality city infrastructure"; and in
response to these goals, City staff has worked with local utility companies,
contractors and developers for many months to develop a written policy for
utility excavation and restoration.
The City Manager transmitted the proposed final draft of the City of
Roanoke Riqht of Way Excavation and Restoration Standards dated September 20,
2004 (Standards); and advised that staff has briefed Council on the progress and
necessity of such standards throughout development of the new standards.
It was noted that in order to implement the Standards, several changes to
the City Code will be necessary; specifically, certain sections of Chapter 30,
Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended,
should be amended or repealed and one new Code section should be added,
which is new Section 30-49, that authorizes the City Manager to promulgate the
Standards; the amendment to Section 30-1 changes the class of the
misdemeanor from a Class 4 to Class 3 misdemeanor for a violation of the
chapter (the effect of the class change is to increase the fine from $250.00 to a
maximum of $500.00 per violation); other amendments or deletions are to make
the standards compatible with the City Code; proposed Standards provide a
document detailing the procedures, permits, materials, methods, workmanship
and quality desired for work within Roanoke's public street rights-of-ways; and
the document, when combined with proactive inspection by City staff and
cooperation of the utility community, will result in quality pavement repairs that
are performed in a timely manner.
In addition, it was noted that a new fee structure is proposed for an
Excavation Permit (formerly called a Street Opening Permit); the permit fee will
increase from $36.00 to $50.00 and the new permit will have a fixed duration of
30 days; in order to answer concerns from utility companies on the limited
duration, a 60 day permit is also available from $100.00 to cover the increase in
inspection coverage; and the increased fee, while not recovering all expenses for
services provided, aligns Roanoke's fee with other comparable jurisdictions.
The City Manager recommended that Council adopt recommended City
Code provisions, in order to promulgate the Standards, including any
modifications thereto; amend the Fee Compendium to provide for a revised fee
schedule, effective December 1, 2004; and authorize the City Manager to take
such further action as may be necessary to implement and administer such
Standards.
287
Mr. Dowe offered the following ordinance:
(#36854-092004) AN ORDINANCE amending §30-1, Violations of chapter,
of Article I, In General, amending Article Ill, Street Excavations; and amending
§30-88, Security, of Division 2, Construction of Sidewalks by Property Owners, of
Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as
amended, by amending, adding or repealing certain sections of Chapter 30 in
order to promulgate standards and any modifications thereto, and take such
other action as required to implement such standards; permitting the use of a
letter of credit as an additional form of security; providing for an effective date;
and dispensing with the second reading by title paragraph of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 119.)
Mr. Dowe moved the adoption of Ordinance No. 36854-092004. The
motion was seconded by Mr. Fitzpatrick.
Gary Robertson, Executive Director of Water Operations, Western Virginia
Water Authority, expressed appreciation to City staff and to Council for working
with utility companies to develop standards for paving and street excavation. He
emphasized that the Western Virginia Water Authority is fully supportive of the
desire of Council to improve the drivability of Roanoke's streets; however, he
stated that the Water Authority is concerned about two specific issues; i.e.: the
Water Authority does not have adequate staff or equipment to address paving
requirements. He stated that in the past, utility cuts in the City of Roanoke were
performed by the City's Streets Department; therefore, the Water Authority would
like to participate in the City's contract for street paving, particularly milling
within the City limits, as a cost saving measure. He called attention to a concern
regarding interpretation of the one year warranty on pavement cuts and
requested more definition/clarification on warranty cut expiration. He stated
that there is also a fear of the unknown and requested that City staff and Council
be willing to readdress the issue at a later date if necessary.
John D'Orazio, Executive Vice-President, Roanoke Gas Company, reiterated
the remarks of Mr. Robertson. He stated that a primary concern relates to the
minimum amount of milling and paving that the Gas Company is required to
perform, therefore, it is difficult to obtain bids from contractors on small jobs
since most of their cost is in the mobilization and demobilization of equipment.
He advised that Roanoke Gas Company, like the Western Virginia Water Authority,
would like to participate in the City's paving contract in order to be more cost
effective. He expressed appreciation for the opportunity to work with City staff
on the proposed utility cut standards and advised that Roanoke Gas Company is
in agreement with the proposed standards.
288
In response to concerns raised by Mr. Robertson and Mr. D'Orazio,
George C. Snead, Jr., Assistant City Manager for Operations, advised that the
milling issue would only occur on those streets that have a lane line in the
center, which significantly simplifies the milling and paving issue since a
significant number of utility cuts will occur on neighborhood streets that do not
have a center line. He stated that the City was firm on the most important issue;
i.e.: a one quarter inch tolerance standard, which will create a more rideable and
aesthetically pleasing street; the square footage size for cuts as a threshold to
mill and pave was increased to 40 square feet; there is some flexibility in options
for fill material because each situation will be different, with the goal of getting
the same solid compaction and over paving; an agreement was also reached for a
quality control plan that will allow contractors to train their teams working in the
streets in accordance with certain basic technology in order to measure the
compaction of fill material and pavement; and depth of the bench cut was
reduced in certain situations to simplify the process. With reference to
participation in the City's paving and milling contract, he advised that City staff
is addressing the request and responding to questions in connection with State
procurement laws; and other issues are being addressed in regard to scheduling
and reinspections and over the next 12 months, it is hoped that the process will
work smoothly, timely, with a quality result, without causing a major financial
impact on any affected entity. He stated that the goal of the City Manager is to
make the process work and if there are components that do not work, staff is
committed to addressing the necessary revisions.
Ordinance No. 36854-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36855-092004) A RESOLUTION amending the City's Fee Compendium to
provide revised fees for Right of Way Excavation Permits, formerly Street Opening
Permits; increasing the fee from $36.00 to $50.00 in order to promote uniformity
of the City's fees with other comparable jurisdictions; and providing for an
effective date of December 1,2004.
(For full text of resolution, see Resolution Book No. 69, Page 124.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36855-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
289
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that the Roanoke Civic Center opened in 1971 as a multi-function venue
that included the Coliseum, Exhibit Hall, Parlors, and Auditorium; at the time the
facility was constructed, many cities used the terms Parlor and Auditorium to
describe areas in public assembly facilities; today, the quality and types of events
held at civic facilities have changed the image of public assembly facilities; most
facilities no longer refer to parlors, but call these spaces suites or meeting
rooms; and many public assembly facilities have changed venue identification
from auditorium to more specific terms that better describe the use of the
facility, such as theatre, performing arts center, cultural center, etc.
It was further advised that in August 2004, the Roanoke Civic Center
Commission was informed of the proposed name changes of the Auditorium and
Parlors and the Civic Center Commission was in agreement that the name
of the meeting spaces should be changed from Parlors to Meeting Rooms
1, 2, 3, 4, and 5; consideration was given to actually naming the rooms, but the
consensus was to keep room identification simple; and the Civic Center
Commission also agreed that Roanoke Performing Arts Theatre was a better
name for the Auditorium since the City hosts the Roanoke Symphony Orchestra,
concerts, Broadway musicals, plays, ballets, and other cultural events; and in
order to implement the name changes, approval by Council is required.
The City Manager recommended that Council adopt a measure changing
the name of the Parlors to Meeting Rooms 1-5 and changing the name of the
Auditorium to Roanoke Performing Arts Theatre, with the name change to be
revealed at the first Broadway show of the 2004-2005 season; and
announcement of the new name will also be an opportune time to showcase
renovations that have been completed, including a refinished stage, new
dimming light system, all new seats with a center and cross aisle, and aisle
carpeting.
Mr; Cutler offered the following resolution:
(#36856-092004) A RESOLUTION renaming the Roanoke Civic Center
Auditorium as the Roanoke Performing Arts Theatre, and renaming the Roanoke
Civic Center Parlors A, B, C, D and E as Meeting Rooms 1, 2, 3,.4 and 5.
Mr. Cutler moved the adoption of Resolution No. 36856-092004. The
motion was seconded by Mr. Dowe.
290
Vice-Mayor Fitzpatrick advised that in lieu of using numbers on the
Parlors, he would prefer to name the Parlors after localities surrounding the City
of Roanoke, which will also speak to the City's pride in the region.
Dr. Cutler concurred in the remarks of Vice-Mayor Fitzpatrick and advised
that consideration should also be given to geographic locations, as well as
regional names for the meeting rooms. He called attention to publications that
currently refer to the Roanoke Civic Center Auditorium as the Roanoke
Performing Arts Theatre, even though no formal action has been taken by the
Council to rename the facility. He inquired about the rationale behind using
British spellings instead of American spellings for such institutions as the
Roanoke Riverside Biomedical Research "Centre" as opposed to "Center" and the
Roanoke Performing Arts "Theatre" as opposed to "Theater".
The City Manager responded that changing the name of the Roanoke Civic
Center Auditorium to the Roanoke Performing Arts Theatre was previously
approved by the Roanoke Civic Center Commission prior to requesting the
approval of Council; however, it is hoped that patrons of the Civic Center
Auditorium will be pleasantly pleased with the new theatre that now has a center
isle and other improved accommodations. The City Manager suggested that
naming the meeting rooms after Roanoke Valley localities should be referred to
the Roanoke Civic Center Commission for recommendation to Council.
Mr. Fitzpatrick moved that Resolution No. 36856-092004 be amended to
delete the following: "and renaming the Roanoke City Civic Center Parlors A, B,
C, D and E as meeting rooms 1, 2, 3, 4 and 5"; and that the question of naming
meeting rooms be referred to the Roanoke Civic Center Commission for report
and recommendation to Council. The motion was seconded by Mr. Cutler and
unanimously adopted.
Mr. Cutler offered the following resolution as amended:
(#36856-092004) A RESOLUTION renaming the Roanoke Civic Center
Auditorium as the Roanoke Performing Arts Theatre.
(For full text of resolution, see Resolution Book No. 69, Page 125.)
Mr. Cutler moved the adoption of Resolution No. 36856-092004, as
amended. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
291
ACTS OF ACKNOWLEDGEMENT-BRIDGES: The City Manager submitted a
communication advising that on February 3, 2003, Council Member Dowe
suggested that the City of Roanoke propose that the First Street Bridge be named
the Dr. Martin Luther King, Jr., Memorial Bridge; Council discussed the issue
inasmuch as the bridge could serve as a history walk to highlight the life of Dr.
King and his role in the Civil Rights movement, and could also serve as a
teaching tool for the community and as a symbol to bridge the community; and
the proposal meets the criteria of the Dr. Martin Luther King, Jr. Committee that
was previously appointed by the City Manager to submit recommendations.
It was further advised that on March 3, 2003, a motion was adopted by
Council that the newly renovated First Street Bridge be named in memory of the
late Dr. Martin Luther King, Jr., and that the City work with the Southern Christian
Leadership Conference (SCLC) with regard to design elements; and citizens in the
audience were offered an opportunity to address the motion, following which the
motion was adopted by Council.
The City Manager recommended that Council adopt a measure authorizing
the City Manager to contact the Dr. Martin Luther King,Jr., Center for Nonviolent
Social Change for consent to the naming of the First Street Bridge in honor of Dr.
King, as well as proposed design elements.
Mr. Fitzpatrick offered the following resolution:
(#36857-092004) A RESOLUTION designating and renaming the First
Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge.
(For full text of resolution, see Resolution Book No. 69, Page 125.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36857-092004. The
motion was seconded by Mr. Dowe.
Mr. Bob Caudle, 4231 Belford Street, S. W., spoke in support of naming the
First Street Bridge in honor of Dr. Martin Luther King, Jr., and advised that the
City should also consider naming something in honor of Oliver White Hill, a local
civil rights leader. He mentioned the possibility of naming the First Street Bridge
in honor of both Dr. King and Mr. Hill since both men worked toward the same
goals.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern that
Council's action to name the First Street Bridge in honor of Dr. King was
approved without input by the community. She stated that it is understood that
all of the people cannot be pleased with Council's actions all of the time,
but the procedure that was used in naming the bridge was out of character
and has caused much discussion and discontent within the community.
292
She further stated that the issue was discussed once again at a 9:00 a.m. work
session of the Council, no member of the Martin Luther King Memorial
Committee was in attendance; the matter is currently on the Council's agenda
and no member of the Memorial Committee is present, except a member of City
Council who serves on the Committee. She added that no formal City Planning
Commission or City Council public hearing was conducted where citizens could
provide input; the Memorial Committee was appointed by the City Manager, and
there is no documentation that the Committee had an opportunity to vote on the
recommendation before Council voted to name the First Street Bridge in honor of
Dr. King. She stated that it would appear to be in order to obtain permission
from the Martin Luther King Jr. Center for Non Violent Social Change before
Council formally acts to name the First Street Bridge in honor of Dr. King.
Council Member Cutler, a member of the Martin Luther King Memorial
Committee, called attention to an informal agreement by the King family to use
Dr. King's name for the First Street Bridge. He inquired if installation of the
memorial statue and other memorial items have been authorized; whereupon,
the City Manager responded that Council at its last work session identified the
methodology by which the bridge is to be renovated for pedestrian use, with
significant parts of the bridge to be rehabilitated as opposed to being replaced;
City staff is in the process of identifying available funding and the goal is to bid
renovation over the next several months. She stated that the City will then
address which specific elements can be afforded from those that were
recommended by the Martin Luther King, Jr. Memorial Committee, and which
components could be postponed until a later date and/or until some type of fund
raising effort is initiated. She added that at the request of Council, she has
corresponded with Congressman Bob Goodlatte requesting his assistance to
secure Federal funding to assist in the purchase and installation of certain
additional items since the original allocation by Congress would not be
appropriate for a pedestrian bridge.
Council Member Dowe advised that it would be virtually impossible to
honor a man such as Dr. King with the naming of anything, therefore, the
question is, what would be proper and fitting; there is a growing frustration
throughout the community that the City of Roanoke has not named anything in
honor of Dr. King heretofore; and whenever an attempt is made to honor Dr.
King, it will always touch on the heart of every individual. He stated that he has
received many forms of communication that support the direction of the City to
rename the First Street Bridge in honor of Dr. King, and the general consensus of
the community as a whole is that the naming of the First Street Bridge is a good
faith attempt to name something after a man who has meant so much to so many
people. If all correct procedures and protocol have been followed, he
encouraged that progress not be stagnated on the project. He expressed respect
for Ms. Bethel's opinion and encouraged her to call him with regard to specific
concerns.
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Council Member Wishneffadvised that he supports the naming of the First
Street Bridge in honor of Dr. King, but he found the City Manager's
communication to be lacking in information. He inquired if a specific process
was followed to reach this point.
The City Manager responded that the City adheres to an informal
procedure that naming opportunities are directed to the City Planning
Commission for a recommendation to City Council; however, this was a
significantly different issue and is not the request of an individual or an
organization for a name change, but is an item that was initiated by the Council.
She stated that in 2003, the Council unanimously voted to name the First Street
Bridge the Martin Luther King, Jr. Memorial Bridge, and the bridge has been
referred to in many ways since that time as though the naming had formally
occurred. She advised that the City Attorney pointed out at a recent Council
work session that the Council had not made the official request for the name
change to the organization that has approval rights, although Dr. PernellaWilson,
acting in her capacity as local President of the Southern Christian Leadership
Conference, has discussed the matter with certain individuals and has received
the assurance that the necessary approval will be forthcoming. She indicated
that the City Attorney is of the opinion that there should be a more official
acknowledgment of the name change inasmuch as Council generally acts through
resolution; therefore, for that reason, the item was placed on the Council's
agenda and also accounts for the brevity of the communication.
Resolution No. 36857-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris: .................................................... 7.
NAYES: None .................................................. O.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a
communication advising that City Code Section 21-204 indicates that "At certain
levels, noise can be detrimental to the health, welfare, safety and quality of life
of inhabitants of the city, and in the public interest, noise should be restricted. It
is therefore the policy of the city to reduce noise in the community and to
prohibit unnecessary, excessive and annoying noises from all sources subject to
its police power".
The City Manager further advised that the servicing of privately owned bulk
containers (dumpsters), as well as the use of roll-off containers, throughout the
City of Roanoke, needs to be done during hours of the day that would be less
objectionable to the community; therefore, an amendment to the Solid Waste
Ordinance (Section 14.1) of the City Code has been developed that would limit
the servicing all bulk containers and roll-offs to between the hours of 6:00 a.m.
and 12:00 a.m.
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The City Manager recommended that Council adopt a measure which will
limit the time that bulk containers may be serviced, effective immediately.
Mr. Dowe offered the following ordinance:
(#36858-092004) AN ORDINANCE amending and reordaining §14.1-1,
Definitions., of Article I, In General, by adding the definition of roll-off container,
and amending and reordaining Division 2, Private Collection of Bulk Containers,
of Article II, Collection by an Authorized Person, by the addition of new section
14.1-46, Removal and empt¥inq of bulk containers and roll-off containers, of
Chapter 14.1, Solid Waste Manaqement, Code of the City of Roanoke (1979), as
amended, by specifying the time roll-off containers may be removed and solid
waste may be emptied from bulk containers; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 126.)
Mr. Dowe moved the adoption of Ordinance No. 36858-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
DONATIONS/CONTRIBUTIONS-ART ACQUISITION: The City Manager
submitted a communication advising that as a result of a recent meeting initiated
by Mayor Harris with representatives of the Roanoke Arts Commission and the
artist of the Unity sculpture, an agreement was reached on the terms of
placement of the Unity Sculpture at Elmwood Park, as recommended by the
Roanoke Arts Commission.
The City Manager recommended that she be authorized to execute an
agreement withJDRART, Inc., for installation of the Unity Sculpture in Elmwood
Park, subject to approval as to form by the City Attorney.
Mr. Fitzpatrick offered the following resolution:
(#36859-092004) A RESOLUTION accepting the donation of a work to be
known as the Unity Sculpture, upon certain terms and conditions, approving the
location for the Unity Sculpture in Elmwood Park and authorizing the City
Manager's execution of an agreement with JDR ART, Inc., Jn connection with
fabrication and installation of the sculpture.
(For full text of resolution, see Resolution Book No. 69, Page 128.)
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Mr. Fitzpatrick moved the adoption of Resolution No. 36859-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
CITY ATTORNEY: NONE.
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
At 3:40 p.m., the Mayor declared the Council meeting in recess for a
Closed Session to interview one applicant for a vacancy on the Architectural
Review Board.
At 4:05 p.m., the Council meeting reconvened in the Council Chamber,
with all members of the Council in attendance, Mayor Harris presiding.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Fitzpatrick offered the
following resolution reappointing Charles E. Hunter, III, as a Director of the
Industrial Development Authority for a four year term commencing October 21,
2004 and ending October 20, 2008.
(#36860-092004) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
(For full text of resolution, see Resolution Book No. 69, Page 129.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36860-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .......................... ~ ......................... 7.
NAYS: None .................................................... 0.
COUNCIL: Mr. Cutler offered the following resolution changing the time of
commencement of the regular meeting of City Council scheduled to be held at
9:00 a.m., on Thursday, October 7, 2004, from 9:00 a.m. to 12 noon.
296
(#3686].-092004) A RESOLUTION changing the time of commencement of
the regular meeting of City Council scheduled to be held at 9:00 a.m., on
Thursday, October 7, 2004.
(For full text of resolution, see Resolution Book No. 69, Page 129.)
Mr. Cutler moved the adoption of Resolution No. 36861-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BRIDGES: Vice-Mayor Fitzpatrick called attention to the need for repairs to
the bridge railing at the Masons Mill Wheel, and deterioration of the sidewalk on
Wasena Bridge.
PARKS AND RECREATION-CITY COUNCIL: Council Member Dowe
commended the City Manager on her expedient response to his inquiry regarding
an air conditioning system for the Eureka Park Recreation Center.
CELEBRATIONS-SPECIAL EVENTS: Council Member Dowe commended
EventZone in connection with The Taste of the Blue Ridge Blues and Jazz Gala
which was held at The Hotel Roanoke on September 17, 2004.
SPECIAL EVENTS: Council Member Dowe expressed concern with regard to
a recent newspaper article relative to the date that Halloween will be observed in
the City of Roanoke during the year 2004, which indicated that a decision had
been made with the approval of Council to not change the date of the official
observance. However, he stated that he was not aware that the Council, as a
body, had taken an official position. He asked that all Members of the Council be
privy to information that involves the Council as a body.
ARMORY/STADIUM-SPORTS ACTIVITIES: Council Member Lea expressed
appreciation to the citizens of Roanoke and to the City Manager for their
support of the Western Virginia Education Classic which was held on Saturday,
September 1:~, 2004. He also expressed appreciation to City staff for their
efforts to prepare the Victory Stadium field for football which also involved
parking needs and other logistical issues.
297
Mr. Lea inquired about the feasibility of placing the responsibility of
managing Victory Stadium under the direction of the City's Department of Parks
and Recreation in view of the controversy over recent decisions to cancel high
school football games due to the condition of the Victory Stadium field. He
stated that it would appear that the Department of Parks and Recreation would
have a better understanding of the condition of the field and should be the City
department to work with school officials, athletic directors and coaches to make
decisions regarding the condition of the Victory Stadium field.
Council MemberWishneff reiterated the remarks of Mr. Lea and expressed
concern that the City is quick to cancel football games due to inclement weather
and the playability of the Victory Stadium field.
George C. Snead, Jr., Assistant City Manager for Operations, advised
that it was challenging to satisfy all users of the Victory Stadium field in
the kind of weather conditions that the Roanoke Valley experienced during
the past two weeks. He stated that based on weather reports on Thursday,
September 16, 2004, there was dialogue between School officials and the Event
Manager at the RoanOke Civic Center, and it was determined that if the football
game had been played on Friday night, there would have been substantial
damage to the Victory Stadium field; if there was error, it was made on the side
of being overly cautious and a decision was made too quickly from both a School
and a Civic facilities perspective that the football game would not be played on
Friday or Saturday night (September 17 and 18, 2004). He stated that he was not
familiar with any discussions in connection with rescheduling the football game
to another date.
Mr. Lea questioned decision making at the high school level as to why the
football game was not played on Thursday night. He advised that it was reported
that avolleyball game was to be played on Thursday evening and no one wanted
to disrupt the game; however, avolleyball game would have attracted a different
crowd, therefore, both the volleyball game and the football game could have
been played. He stated that unfortunately, William Fleming High School seems to
bear the brunt of these types of decisions; last year William Fleming experienced
problems with the rescheduling of play off games due to inclement weather, and
on Monday night the William Fleming football team will playa difficult opponent
away from home. He advised that the scheduling situation is not the fault of the
City administration, but the School administration, and athletic directors should
work together.
Without objection by Council, the Mayor advised that the question raised
by Council Member Lea to place Victory Stadium under the direction of the
Department of Parks and Recreation will be referred to the City Manager for
report.
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HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
COMPLIANTS-BRIDGES: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
spoke with regard to the Proclamation declaring the month of October as
Building Character Month in the Roanoke Valley. She advised that one of the
character building traits mentioned in the Proclamation is respect; therefore, the
failure of Council to consider the input of citizens and to provide an opportunity
for citizens to voice an opinion is disrespectful. She referred to an article that
was recently published in a City publication that listed various festivals to be held
throughout the City of Roanoke, however, the Henry Street Festival, which is an
event that has been held in the City for approximately the last 15 years was
omitted. She stated that the Henry Street Festival will be held on September 25-
26, 2004; references are periodically made at Council meetings with regard to
various other festivals, however, no mention has been made about the Henry
Street Festival, yet today, Council voted to name the Henry Street Bridge, or the
First Street Bridge, in honor of Dr. Martin Luther King,Jr. She added that homes
are being constructed in the City of Roanoke costing in the range of $1 million,
or more, when some Roanoke residents work in excess of eight hours a day and
cannot afford a $40,000.00 house. She asked if Roanoke will be a City of the
"haves" and the "have nots".
PAY PLAN-COMPLAINTS-REFUSE COLLECTION-CITY EMPLOYEES: Mr.
Robert E. Gravely, 729 Loudon Avenue, N.W., advised that downtown Roanoke is
losing money because most citizens residing in the City of Roanoke either live on
a fixed income, or in a state of economic disadvantage. He spoke with regard to
insufficient wages and working conditions for City employees in the Departments
of Sanitation and Grounds Maintenance, etc., compared to those City employees
who work in an office environment. He stated that the average worker cannot
afford to purchase a house in the City of Roanoke, and it is the responsibility of
City Council to bring the City to a standard of living that ensures quality of life
for all citizens.
CITY MANAGER COMMENTS:
GRANTS-HUMAN RESOURCES: In response to a question raised earlier in
the meeting by Council Member Lea, the City Manager reported that the Runaway
and Homeless Youth Program has served 33 young people this year.
STATE OF THE CITY REPORTS: The City Manager advised that the Mayor's
State of the City Address, which was presented on Tuesday, September 14, 2004,
will be televised on RVTV Channel 3 on Wednesday, September 22 at 9:00 a.m.
and 6:00 p.m., and on Wednesday, September 29 at 9:00 a.m. and 6:00 p.m.,
and can be viewed on the City's web site.
299
CiTY INFORMATION SYSTEMS: The City Manager invited Council Members
and the citizens of Roanoke to visit the City's new web site which is more user
friendly than the previous web site.
ROANOKE CIVIC CENTER: The City Manager presented acalendar of events
for the month of October 2004 at the Roanoke Civic Center.
CITY COUNCIL-SPECIAL EVENTS: In response to a concern previously raised
by Council Member Dowe with regard to the date of official observance of
Halloween 2004 in the City of Roanoke on Sunday, October 31, 2004, the City
Manager advised that the response in the newspaper article should not be
attributed to the City Council, but to the City Manager. She extended an apology
to the Members of Council if she erred in making the decision without the
involvement of Council.
At 4:55 p.m., the Mayor declared the Council meeting in recess for a
briefing on the Housing Strategic Plan and continuation of the Closed Session.
The Council meeting reconvened in the Council's Conference Room.
HOUSING/AUTHORITY: The City Manager advised that Council previously
engaged the firm of K. W. Poore & Associates, Inc. and Development Strategies,
Inc., to develop a Housing Strategic Plan for the City of Roanoke. She introduced
Kenneth Poore and David Whitlow to present a status report on the work of the
consultants to date.
It was advised that:
The Housing Strategic Plan is intended to develop strategies to
upgrade the overall quality and quantity of housing in order to
stabilize population, improve neighborhoods, use existing
infrastructure, provide greater diversity and choice, promote
market rate housing and increase ownership.
Major findings include a slight increase in the number of housing
units, aging housing stock, residents pay a larger percentage of
income, there are relatively smaller units, lower valued housing
units, a lower ownership rate, a declining population, vacant
units, lower income, significant replacement activity, and South
Roanoke has the highest values in the region and fewer days on
the market.
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Challenges and opportunities include perceptions that are
positive, i.e.: a pleasant environment, affordable, good value,
diverse, safe, and an urban center; and perceptions that are
negative, i.e.: obsolete housing, new housing is not as desirable
as in the suburbs, schools, limited opportunities for new
development, private risk takers and lack of market rate housing.
Guiding principles include the private sector, maintain affordable
housing, comprehensive, improving quality of housing and the
time element inasmuch as there will not be an overnight fix.
Urban advantage examples: Greater Raleigh Court, Crystal
Springs and Old Southwest which are currently working well;
likely investment areas include Marshall and Day Avenues,
parking lots and Campbell Avenue, and the South Jefferson
Redevelopment area; strategic neighborhoods include Historic
Gainsboro, Southeast by Design, City suburban 'neo-traditional
and Hurt Park.
· Groups that will be targeted are young professionals, returning
families, empty nesters and active seniors.
Next steps in the study include a community forum, preparation
of a final plan and strategies, and adoption by the City Planning
Commission and Council.
Discussion:
Strategies will involve specifics such as the level of targeting
annual numbers which are believed to be achievable in terms of
types of housing that the City might be able to capture; a series
of conceptual designs will be provided; and priorities that are
doable in the context of the housing plan, but before details are
developed, it is important to ensure that the consultant is moving
in the right direction.
There will be coordinated efforts regarding infrastructure,
recommendations on where to make investments in such things
as streets and sidewalks, curbs and gutters; the role of
organizations such as the Roanoke Redevelopment and Housing
Authority, and the consultant will identify programs of a similar
nature that have worked well in other communities.
301
There will be action plans for each of the respective targeted
neighborhoods, or venues of housing, that are recommended by
prioritizing in order to help Council make broad decisions by
addressing the budget, commitment, time line, and perimeters of
the plan.
The private sector can be activated through the City's investment
in infrastructure which shows commitment to a neighborhood, or
a willingness to go into a specific neighborhood and make broad
changes in a number of ways, or by making certain types of
funds available for various programs.
Cities traditionally partner with the private sector to garner
investment dollars through: first, the assemblage of land that
can be leveraged, as far as a housing developer is concerned, to
make the land more attractive for investment to occur; second,
infrastructure improvements; and third, economic incentives,
building permits or certain other types of amenities that are
forgiven, by directing loans through a development corporation
which is formed by the City, whether it be a current authority or a
separate CDC in which monies can be channeled in both new
developments, as well as revitalization of certain existing areas
through rehabilitation loan funds and grant funds.
A variety of recommendations will be made that can be enacted
and prioritized to enable the City to get the most out of any
investment dollar.
· The economic growth of the community will be a driving force.
Council Member Wishneff offered a challenge that the consultants think
boldly when submitting its recommendations. He stated that a public relations,
or a marketing vehicle, is needed to educate the community about what the City
is trying to do; developers throughout the country are looking within cities for
housing and interesting buildings; however, the problem for the City of Roanoke
is that many of the City's most interesting and best buildings are located in the
flood plain. He advised that certain neighborhoods should be better organized,
and referred specifically to the Southern Hills and the Cove Road/Peters Creek
Road areas, where there appears to be much vacant and scattered land, roads
that need to be connected, and other areas in the City that appear to be "hit and
miss" in terms of development. He asked that special consideration be given to
the Wasena neighborhood which is the most distressed and some parts of Old
Southwest that have great potential.
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The City Manager called attention to two Opportunities in the immediate
future that will enable the City to be both bold and to set the tone for the
strategic housing plan. She referred specifically to the Colonial Green project on
Colonial Avenue and proposed housing opportunities on Peakwood Drive. She
stated that if the City of Roanoke does not demonstrate a commitment to the
community to develop new and different types of housing, Roanoke will
experience a major setback to whatever comes out of the strategic housing plan
study.
Vice-Mayor Fitzpatrick advised that the City of Roanoke does not have the
level of growth that is needed to sustain the kind of economic opportunity that is
necessary for residential development in the City, or in the Roanoke Valley;
therefore, there is a need to coordinate with other governments on a plan to
create more jobs and other opportunities, which will be the best approach to new
infill housing, new development, and revitalization of Roanoke's current
neighborhoods.
The Mayor concurred in the remarks of Council Member Wishneff and
advised that the Wasena neighborhood is sandwiched between Old Southwest
and Raleigh Court which are two healthy neighborhoods; and the Wasena
neighborhood has the potential for a neighborhood commercial village in the
Main Street area, which is currently in a distressed state but has the potential to
become far more. He stated that the Hurt Park neighborhood is the most
intriguing and interesting because of the presence of various types of housing
structure, i.e.: the former mansions on Patterson Avenue; therefore, he
expressed a particular interest in the recommendations of the consultant for the
Hurt Park neighborhood which will be more challenging than some of the other
neighborhoods.
If the City of Roanoke is to attract young families with children, the Mayor
stated that another issue to be considered is school district attendance zones.
He requested input by the consultant relative to how attendance zones are
configured and their impact, either positively or negatively, upon the viability of
housing in the neighborhoods.
Mr. Whitlow advised that schools and school attendance districts are
outside of the scope of the housing study, however, general guidelines can be
provided that could change the way that schools are perceived, and the concept
of neighborhood schools appears to be key to the success of many cities.
Following receipt of the report of the consultant, the Mayor advised that
there should be a discussion between Council leadership and School Board
leadership as to whether Roanoke's school attendance zones are creating the
kind of sustainable neighborhoods that the City is striving to achieve.
3O3
The City Manager asked that Council encourage citizens to attend focus
group and community meetings to provide their input into the Housing Strategic
Plan.
At 5:45 p.m., the Council convened is Closed Session in the Council's
Conference Room.
At 7:00 p.m., on Monday, September 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 C. Nelson Harris presiding.
PRESENT: Council Members Brenda L. McDaniel, BrianJ. Wishneff, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor
C. Nelson Harris ..................................................... 7.
ABSENT: None .................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES-SCHOOLS: The Mayor
and Members of Council commended the Patrick Henry High School Boys Tennis
Team as undefeated Western Valley District Champions for 2004, and winners of
the first tennis team State title in the history of Patrick Henry High School, with a
20 - 1 overall record.
The Mayor advised that the tennis team consists of Robert Edwards, Chris
Hincker, Joseph Salamoun, Ryan Luckay, Alex Hincker, Tyler Early, Sandy Huff,
Brock Newton, Tom Raney and Giles Roberts. He stated that during the 2004
tennis season, several team members won district and regional competitions,
i.e.: Brock Newton defended his Northwest Regional single's title, Brock Newton
and Tyler Early were four-time district and regional doubles champions, Brock
Newton and Tyler Early won the State doubles title, Bo Edwards and Chris Hincker
reached State quarterfinals in doubles, and Tyler Early reached State quarterfinals
in singles.
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On behalf of the Members of Council and citizens of the City of Roanoke,
the Mayor commended the tennis team and Head Coach Joel Higham and
Assistant Coach Chris Newton.
Mr. Dowe offered the following resolution:
(#36844-092004) A RESOLUTION paying tribute to the Patrick Henry High
School Boys Tennis Team as the undefeated Western Valley District Champions
for 2004.
(For full text of resolution, see Resolution Book No. 69, Page 111.)
Mr. Dowe moved the adoption of Resolution No. 36844-092004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
The Mayor presented a ceremonial copy of the above referenced measure
to each team member and coach.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Maryellen F. Goodlatte, representing The Branch
Family, LLC, that three tracts of land located on Franklin Road, S.W., identified as
Official Tax Nos. 1150104, 1150102 and 1150112, be rezoned from LM, Light
Manufacturing District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/mes on Friday, September 3, 2004, and Friday, September 10, 2004.
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
· Along Franklin Road to the east is a Fast Fare gas station zoned
C-2, General Commercial;
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Along Franklin Road to the west is the Soccer Stop retail store
zoned C-2, General Commercial; abutting Official Tax No.
1150104 to the northwest is Official Tax No. 1150106, which has
a warehouse use and is split zoned C-2, General Commercial
District, and LM, Light Manufacturing District;
To the north, across the Norfolk Southern right-of-way are two
large parcels of land zoned LM, Light Manufacturing District,
which have various light industrial and warehousing uses; and
· Across Franklin Road is a vacant parcel of land zoned C-2,
General Commercial District.
It was further advised that the request for rezoning is consistent with
the following recommended actions and statements of Vis/on 2001-2020,
the City's Comprehensive Plan:
· Impervious surface reduction: Limit the amount of impervious
surfaces to reduce runoff;
· Commercial development: Identify underutilized commercial
sites and promote revitalization;
Area p/an initiative: Explore redevelopment of areas identified
for industrial, commercial, or mixed-use development along
Franklin Road between the South Jefferson Redevelopment Area
and Wonju Street;
· Curb cuts: Curb cuts should be minimized along commercial
corridors; and
· Street trees: Trees are an essential element of the streetscape
and should be planted along all non-suburban streets.
It was noted that the future land use map of the Frank/in Road/Colonial
AvenueArea P/an, adopted by Council in June 2004, shows the subject parcels as
light manufacturing uses; and the plan states the importance of:
Commercial centers: Identify or create nodes along
Franklin Road for commercial centers; concentrations of
small-to-medium-sized commercial establishments.
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It was advised that the total area of the three subject parcels is 35,481
square feet; the principal structure is a 7,175 square foot building; the front of
the building is a retail/office space with a warehouse area in the back; a phone
assembly and repair business occupies the building and there are no accessory
structures on the subject parcels; "downzoning" the subject parcels to allow for
commercial uses is consistent with the surrounding land uses along the north
side of the 2200 block of Franklin Road; uses include a beauty salon, gas station,
and a retail store; in addition, there has been a trend toward converting
industrially zoned property to commercially zoned property; over the last nine
years, there have been two conditional rezoning amendments from LM, Light
Manufacturing District, to C-2, General Commercial District, along the block-
face; the first rezoning in July 1995 was for the Soccer Stop retail store abutting
the subject parcels to the west; the second amendment was to rezone a 7.292
acre multi - parcel zoning in December 2002 on the corner of Franklin Road and
Wonju Street from LM to C-2; Ore Branch flows through the subject properties,
with the principal structure straddling both sides of the banks of the creek; a
large portion of the principal structure is in the floodway and the lO0-year
floodplain; any redevelopment or change of use will be subject to compliance
with the Floodplain Zoning Regulations in the Zoning Ordinance and related
provisions of the building code; in addition, regulations of the floodway limit
redevelopment options for the placement of new or replacement structures on
the site, or additions to existing structures on the parcels; and staff is of the
opinion that Floodplain Zoning Regulations adequately ensure proper floodplain
management of the subject parcels.
It was further advised that the proffered site plan illustrates development
improvements including a reduction in the width of existing curb cuts, a
reduction in parking surface area and replacement with a landscaping buffer
along Franklin Road, and elimination of an existing parking area directly in front
of the building; and the petitioner has proffered to plant a tree every 50' feet
within the landscaping buffer area.
The City Planning Commission recommended approval of the request for
rezoning, with proffered conditions, given the prevailing land use pattern.
Mr. Fitzpatrick offered the following ordinance:
(#36862-092004) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 130.) -
307
Mr. Fitzpatrick moved the adoption of Ordinance No. 36862-092004. The
motion was seconded by Mr. Cutler.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her client.
The Mayor inquired if there were persons present who would like to speak
in connection with the request for rezoning. There being none, he declared the
public hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36862-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Joe and Annette Macione that a tract of land
located at 677 Brandon Avenue, S. W., identified as Official Tax No. 1270801, be
rezoned from LM, Light Manufacturing District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioners, the matter was
before the body.
Legal advertisement of the public hearing was published in The/~oano/~e
Times on Friday, September 3, 2004, and Friday, September 10, 2004.
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
Norfolk Southern right-of-way is located to the north zoned LM,
Light Manufacturing;
Adjacent to the subject parcel along Brandon Avenue to the east
is Uptown Audio retail store, zoned, C-2, General Commercial; to
the west is A Cleaner World dry-cleaners, zoned LM, Light
Manufacturing; and
· Located across Brandon Avenue is Towers Shopping Mall, zoned
C-2, General Commercial.
It was further advised that the request for rezoning is consistent with the
following recommended actions and statements of [//s/on 2001-2020, the City's
Comprehensive Plan:
308
Impervious surface reduction: Limit the amount of impervious surfaces to
reduce runoff;
· Curb cuts: Curb cuts should be minimized along commercial
corridors;
· Street trees: Trees are an essential element of the streetscape
and should be planted along all non-suburban streets;
· Signs: Visual clutter should be discouraged; and
· Commerc/a/deve/opment: Commercial development should be
concentrated at key intersections.
It was advised that the total land area of the subject parcel is 18,326
square feet; the principal structure is a 1,856 square foot building; a three-bay
auto repair garage/gas station currently occupies the building; and under the
conditional rezoning, current uses of a service station and gas station would
become legally non-conforming uses.
It was further advised that the future land use map of the Franklin
Road/Colonial Avenue Area Plan, adopted by Council in June 2004, shows the
subject parcel as a general commercial use; the 600 block of Brandon Avenue is
occupied by various restaurants and retail and service establishments; proffered
uses are compatible with the prevailing land use pattern on the block-face and in
Towers Shopping Mall; Planning staff believes that a commercial rezoning with
conditions is a suitable zoning district for the parcel of land given its location
along the Brandon Avenue commercial corridor and its proximity to a large
shopping center; with proffered conditions, the application of C-2, General
Commercial District, is appropriate; proffers provide reassurance that the subject
parcel of land would be reused or redeveloped in a consistent manner with the
principals of Vision 2001-202~, and limitations on use, reduction in width of the
existing curb cuts, a limitation of sign area to approximately half of the allowable
square footage, a five foot landscaping buffer, and trees along the streetscape
are positive steps toward successful reuse of the property.
The City Planning Commission recommended that Council approve the
request for rezoning, with conditions, given the petition's consistency with Vision
2001-2020,
Mr. Dowe offered the following ordinance:
(#36863-092004) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading by
title of this ordinance.
309
(For full text of ordinance, see Ordinance Book No. 69, Page 131.)
Mr. Dowe moved the adoption of Ordinance No. 36863-092004. The
motion was seconded by Mr. Fitzpatrick.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her clients.
The Mayor inquired if there were persons present who would like to speak
in connection with the request for rezoning.
Ms. Brenda Simmons, owner of property located at 673 - 675 Brandon
Avenue, S. W., which is located next door to the property proposed to be
rezoned, expressed concern with regard to whether or not customers of the
proposed restaurant will use her property for parking.
Ms. Goodlatte advised that she would respond to Ms. Simmons concerns;
however, she offered the assurance that without Ms. Simmons consent, no
vehicles will be allowed to park on her property. She stated that it is intended to
convert an old service station into a Memphis-style barbeque restaurant,
numerous conditions have been proffered, including a new landscape buffer
along Brandon Avenue, curb cuts and limited signage on Brandon Avenue.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no discussion or comments by Council Members, Ordinance
No. 36863-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .......................... ~ ......................... 7.
NAYS: None .................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a request of Paul and Sharon Crawford that certain tracts of
land located on Church Avenue, S. E., between 11'h and 12'~ Streets, identified as
Official Tax Nos. 4111409 - 4111417, inclusive, be rezoned from LM, Light
Manufacturing District, to RM-1, Residential Multi-family, Low Density District,
subject to certain conditions proffered by the petitioners, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 3, 2004, and Friday, September 10, 2004.
310
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
Eight vacant parcels located in the same block abutting the
subject parcels along the rear property lines to the north and
fronting on Kirk Avenue, which are zoned LM, Light
Manufacturing District;
· Across 12'h Street to the east is a single-family house zoned LM,
Light Manufacturing District;
On the south block-face of Church Avenue are vacant parcels, a
single-family dwelling, and two duplexes zoned RM-1,
Residential Multifamily, Low Density District; and
· Across 11th Street to the west is an electrical contractor's
business zoned LM, Light Manufacturing District.
It was advised that the request is consistent with the following
recommended actions and statements of V/sion 2001-2020, the City's
Comprehensive Plan:
· Housing Stock: New residential development is constrained by
the limited number and size of available sites;
Housing opportunities: Sustainable neighborhoods require a
competitive mix of affordable and market-rate housing
opportunities; and
· Traditional neighborhoods: Houses should be consistent in
terms of front yard setback and bulk.
It was further advised that the future land use map of the Belmont-Fa/ion
iVeighlaorhoodP/an, adopted by Council in January 2003, shows individual uses
for the 1100 block of Church Avenue; however, it is important to note the
following sections of the plan that help support the petition:
· Improve housing: At community workshops, participants cited
the need to improve housing conditions as the highest priority
for the neighborhood;
· Housing Development: Future housing development should
promote income diversity by focusing on market-rate housing
and by encouraging home ownership;
· Develop vacant lots: Many of the vacant lots (about 400) are
good opportunities for new housing development;
311
Building location: Established building line of existing
development should be used to guide placement of infill
dwellings;
Change industrial zoning: Where zoning is industrial, but the
primary use is likely to remain residential, change zoning to a
residential district;
Market-rate housing: The primary focus for new development
will be on market-rate housing, given current supplies of
affordable housing in the neighborhood;
Design: New structures must be well-designed and compatible
with existing buildings; and
· Zoning changes: Initiate zoning changes to support housing
revitalization.
The City Planning Commission noted that there are currently two single-
family houses located on opposite ends of the block face; the single-family
dwellings are legally non-conforming uses; one structure is a one-story, 864
square-foot building set approximately 20 feet from the street; the second
structure is a two-story, 1,337 square-foot building set approximately ten feet
from the street; the proffered condition provides that new dwellings will have a
building line consistent with the existing houses on the block face; the petition
provides "downzoning" the subject parcels to a residential district which is
compatible with the existing land use and zoning pattern facing the subject
parcels on the south side of Church Avenue; single-family dwellings are the
predominant land use in the 1200 block of Church Avenue; the petitioner plans
to retain the two existing structures and construct three new dwellings on the
original platted lots; the six vacant parcels have a total frontage of 195 feet;
given the minimum lot frontage requirement of 50 feet in the RM-1, Residential
Multifamily, Low Density District, a total of three principal dwellings can be
constructed on the parcels; duplexes and townhouses are allowed only by special
exception in a RM-! district; the three proffered conditions by the petitioner
ensure that new dwellings will be compatible with the massing and set-backs of
the existing structures; and the proffer adopting the majority of the
neighborhood design standards will provide for quality new development.
The City Planning Commission recommended approval of the request for
conditional rezoning, given the petition's proffered conditions and consistency
with the prevailing land use pattern.
Mr. Dowe offered the following ordinance:
312
(#36864-092004) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code
of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally zoned CN, Neighborhood
Commercial District; and dispensing with the second reading by title of this
ordinance.
(For Full text of ordinance, see Ordinance Book No. 69, Page 133.)
Mr. Dowe moved the adoption of Ordinance No. 36864-092004. The
motion was seconded by Mr. Fitzpatrick.
Mr. Paul Crawford, Petitioner, appeared before Council in support of the
request.
The Mayor inquired if there were persons present who would like to speak
in connection with the request for rezoning. There being none, he declared the
public hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36864-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on the request of Habitat for Humanity that a portion
of a ten-foot alley, adjoining Official Tax Nos. 2130504-2130506, inclusive, and
2240102, and lying parallel to 12~h Street, N. W., be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 3, 2004, and Friday, September 10, 2004.
A communication from Thomas J. Dalzell, Board of Directors, Habitat for
Humanity in the Roanoke Valley, requesting that the public hearing be continued
until March 2005, was before Council.
The Mayor inquired if there were persons present who would like to speak
in connection with the matter. There being none, he advised that without
objection by Council, the public hearing will be continued until March 2005.
313
EASEMENTS-HOSPITALS: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, September 20, 2004, at
7:00 p,m., or as soon thereafter as the matter may be heard, on the proposed
vacation of three water line easements, one sanitary sewer easement and one
ingress/egress easement located at 1906 Belleview Avenue, S. E., in connection
with expansion of the Carillon Medical Center facility known as Carillon Roanoke
Memorial Hospital, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 10, 2004.
The City Manager submitted a communication advising that owners of
property located at 1906 Belleview Avenue, S. E., identified as Official Tax No.
4060301, have requested that the City vacate water, sanitary sewer, and
ingress/egress easements on the property; Carillon Medical Center will undergo
a major expansion of facilities on the site which will necessitate that existing
water and sanitary sewer lines be removed and relocated; subject easements are
no longer needed since the sanitary sewer and water lines will be relocated to
new easements that will be dedicated to the Western Virginia Water Authority in
locations consistent with the proposed facility expansion; a plat attached to the
communication shows an existing ingress/egress easement to be vacated, which
easement is no longer needed by the City since the City does not own the
property formerly served by the easement; and the plat has been reviewed by,
and is acceptable to, the City Engineer.
The City Manager recommended that she be authorized to execute the
appropriate documents vacating the existing water, sanitary sewer, and
ingress/egress easements, with owners of the property to be responsible for
preparation of all necessary documents, to be approved as to form by the City
Attorney.
Mr. Cutler offered the following ordinance:
(#36865-092004) AN ORDINANCE authorizing the vacation of an
ingress/egress easement and the vacation of certain water and sanitary sewer
easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S. E.,
in exchange for new water and sanitary sewer easements which will be dedicated
to the Western Virginia Water Authority, upon certain terms and conditions, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 134.)
Mr. Cutler moved the adoption of Ordinance No. 36865-092004. The
motion was seconded by Mr. Fitzpatrick.
314
The Mayor inquired if there were persons present who would like to speak
in connection with the matter. There being none, he declared the public hearing
closed.
There being no questions or discussion by Council Members, Ordinance
No. 36865-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
BUDGET-TOTAL ACTION AGAINST POVERTY-MILL MOUNTAIN THEATRE-
MUNICIPAL BUILDING: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, September 20, 2004, at 7:00
p.m., or as soon thereafter as the matter may be heard, with regard to
consideration of an adjustment to the City of Roanoke Fiscal Year 2004-2005
Budget, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
T/meson Friday, September 10, 2004; and in TheRoanoke Tribuneon Thursday,
September 16, 2004.
The City Manager submitted a communication advising that Section 2-189
of the City Code establishes a reserve from the year-end General Fund balance
for the funding of capital improvements and capital maintenance and equipment
replacement; the amount reserved from the undesignated fund balance is
calculated as ten per cent of total General Fund appropriations, less any sums
paid for general debt service during the fiscal year; CMERP funding available for
appropriations totals $1,501,240.00; revenue for the Commonwealth of Virginia
will increase $436,000.00 above the estimate established with adoption of the
fiscal year 2004-2005 General Fund budget; the total of all funding sources
available for appropriations is $1,937,240.00; and, in addition, $1,100,000.00 of
residual equity from the close-out of the Water and Sewer funds needs to be
appropriated from the Capital Project Fund balance to the Municipal Building
North Renovations project.
It was further advised that during fiscal year 2003-2004, funding in the
amount of $95,022.00 was transferred from the Fire-EMS Facility Improvement
Program project to the Police Building Phase II project to facilitate building
design and property acquisition needs, which funding needs to be restored to the
Fire-EMS project account from funding appropriated in advance of bond
issuance; funding in the amount of $145,000.00 budgeted in the National
Pollution Discharge Elimination System (NPDES) project account will be
used by Transportation- Streets and Traffic for contracted services for
storm drain maintenance/repair and purchase of a storm drain trailer unit;
315
Section 2-188.1 Reserve for self-insured liabilities, Code of the City of Roanoke
(1979), as amended, stipulates that, at the conclusion of each fiscal year,
$250,000.00, to the extent available from any undesignated General Fund
balance at the end of such fiscal year, shall be reserved for self-insured liabilities
of the City; the maximum balance of the reserve is three per cent of the total
General Fund appropriations for the concluded fiscal year; as such, at June 30,
2004, $250,000.00 was reserved in the General Fund for self-insured liabilities;
and a list of CMERP funding recommendations which is attached to the
communication addresses the following categories:
· Contributions $ 350,500.00
· Carryover Funds 109,680.00
· Capital Improvements 1,111,000.00
· Equipment 116,060.00
· Technology 150,000.00
· Fleet Management 100,000.00
Total
$1,937,240.00
It was explained that department CMERP funding requests totaled
approximately $8.9 million, excluding technology and vehicular related items;
requests for technology related items/initiatives totaled an additional $3.2
million; technology requests are reviewed and prioritized by the Information
Technology Committee and a separate report will recommend appropriation of
funds for technology needs; and all vehicular requests are reviewed by the
Manager of Fleet Management and evaluated based upon an approved set of
replacement criteria.
The City Manager recommended the following:
Authorize the Director of Finance to make the following revenue
adjustments in the amount of $436,000.00:
Recordation Tax (001-110-1234-0600)
Alcohol Beverage Control Tax (001-110-1234-0601
Wine (Liter)Tax (001-110-1234-0602)
Commonwealth's Attorney (001-110-1234-0610)
Sheriff/Jail (001-110-1234-0611)
Commissioner of the Revenue (001-110-1234-0612)
Treasurer (001-110-1234-0613) ·
Street Maintenance (001-110-1234-0650)
City Jail Block Grant (001-110-1234-0651)
Local Law Enforcement (001-110-1234-0658)
(30,000.00)
(41,000.00)
( 6,000.00)
21,000.00
150,000.00
6,000.00
6,000.00
113,000.00
287,000.00
(70,000.00)
316
Appropriate $1,100,000.00 from Capital Projects Fund Balance to the
Municipal North Renovation project; transfer funding in the amount of
$95,022.00 from the NPDES Project, Account No. 008-530-9678-9003, transfer
funding in the amount of $145,000.00 from the NPDES Project, Account No. 008-
530-9736-9003 to a new account to be established in the Capital Projects Fund;
appropriate $250,000.00 reserved in the Ceneral Fund for self-insured liabilities
to be transferred to the Risk Management Fund representing the transfer; and
that Council concur in CMERP funding recommendations and appropriate funds
to the proper accounts as more fully set forth in an attachment to the
communication.
Mr. Dowe offered the following ordinance:
(#36866-092004) AN ORDINANCE to appropriate funding from the Capital
Maintenance and Equipment Replacement Program (CMERP) and to make other
funding appropriations and transfers, amending and reordaining certain sections
of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management
and Risk Management Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 135.)
Mr. Dowe moved the adoption of Ordinance No. 36866-092004.
motion was seconded by Mr. Fitzpatrick.
The
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing.
John Jesse, representing Mill Mountain Theatre, expressed appreciation for
the City's efforts to provide $50,000.00 for acapital project to be undertaken by
Mill Mountain Theatre to upgrade the performance stage which will have long
term benefits for the citizens of the City of Roanoke. He stated that he would be
remiss if he did not point out that a $50,000.00 contribution to capital alone will
not be sufficient to resolve the grave financial issues of the Mill Mountain
Theatre, nor will it be enough to guarantee long term survival of the
Theater. He stated that following the tragedy of 9-11 and the economic
downtown, many regional theaters were forced to close their doors and
Mill Mountain Theatre has been crippled by certain financial downturns; and,
in addition, Mill Mountain Theatre has found itself in direct competition
with the City of Roanoke. He advised that Mill Mountain Theatre has tried
to be Roanoke's Performing Arts Theater for the past 40 years, having
contributed over $53,000.00 in the year 2002-2003 in admissions taxes alone.
317
He added that the City has protected cultural organizations in the Roanoke Valley
on numerous occasions, the most recent being efforts to save the Grandin
Theater, therefore, it is hoped that the City of Roanoke will do the same to help
guarantee the success and future of Mill Mountain Theatre. He advised thata
detailed funding request will be submitted in the near future to ensure another
40 years of continued operation by Mill Mountain Theatre.
Jere Hodgins, Executive Director, Mill Mountain Theatre, expressed
appreciation to Council and to City officials who have supported the arts and
cultural organizations, both as citizens and in their official capacities; and
specifically for helping to bring Mill Mountain Theatre to the status that it
currently holds as a nationally recognized regional theater, which is known for its
world premiers and quality productions. He advised that Mill Mountain Theatre
contributes to the economy of the Roanoke Valley by employing over 25 full time
people who reside, pay taxes, shop and spend their money in the Roanoke area,
Mill Mountain Theatre pays over $600,000.00 in wages, over $300,000.00 to
local vendors, and over $100,000.00 annually on insurance premiums with local
insurance companies, and collects in the range of $40,000.00- $53,000.00 per
year in the City's admissions tax. He noted that Mill Mountain Theatre reinvests
approximately 70 per cent of its budget back into the economy of the Roanoke
region. He stated that Mill Mountain Theatre also serves as a primary
entertainment and diversion venue in downtown Roanoke, the Theater is a major
part of downtown Roanoke as a major destination point and overall attendance
figures are in excess of l00,000 persons annually. In addition to the economic
partnership with the City, he advised that Mill Mountain Theatre is involved in the
community through school tours that reach over 25,000 students annually, and
the Theater's vast array of educational programs feature classes for all ages and
provide scholarships to those without the means to pay, youth auditions for
theatrical events, evening programs for the 16 - 25 age group, and a free noon
time series of presentations of new productions that has been a success with
downtown employees who are looking for something to do as a diversion in their
work day.
Mr. Hodgin closed his presentation by quoting from St. Francis of Assisi,
"Start by doing what's necessary, then do what's possible, and finally suddenly,
you are doing the impossible".
Vice-Mayor Fitzpatrick spoke in support of referring the request of Mill
Mountain Theatre to 2005-2006 budget study and to the City Manager for report
to Council. He stated that Council has been confronted with a tremendous
challenge because to open the door to the request of the Mill Mountain Theatre
will also open the door to numerous other cultural organizations that are in need
of assistance by the City of Roanoke.
Council MemberWishneff spoke in support of the City Manager identifying
a revenue stream(s) for cultural organizations.
318
Vice-Mayor Fitzpatrick encouraged the City Manager to present alternatives
that will help not only Mill Mountain Theatre, but other cultural organizations
that are in need of funding assistance.
Without objection by Council, the Mayor advised that the request of Mill
Mountain Theatre for additional funding will be referred to the City Manager and
to 2005-2006 budget study.
Council Member Cutler called attention to the $100,000.00 proposed for
Total Action Against Poverty/Dumas for renovation of the Dumas facility and
advised that based on questions with regard to the financial status of the
Dumas/Harrison Museum project, it is requested that Council authorize the
$100,000.00 proposed for the Dumas, but that the funds not be released until
certain questions regarding sources of financing are addressed to the
satisfaction of the City Manager.
Without objection by Council, the Mayor advised that it .was so ordered.
There was discussion in regard to Municipal North renovations which
involves returning to the Municipal Building certain City departments and/or
activities that are currently housed at other locations, an offer of space to the
Roanoke Redevelopment and Housing Authority to locate certain offices in
downtown Roanoke; relocation of the Parks and Recreation Administrative Offices
which are currently located on Reserve Avenue to the Municipal Building; and
realignment of spaces in Municipal South and North, all of which was a part of
the original plan when the decision was made to transfer Social Services
employees from Municipal North to the Civic Mall on Williamson Road.
Mr. Wishneff moved that Ordinance No. 36866-092004 be amended to
deduct $50,000.00 from the Municipal North Renovation project to be applied
toward purchase of the Oliver Hill House. The motion was seconded by Mr. Lea.
There was discussion in regard to future administration, management and
maintenance of the Oliver Hilt house and whether or not funds should be
appropriated by the City before matching funds have been raised by the Oliver
Hill Foundation.
During further discussion of the matter, the Vice-Mayor advised that the
City is faced with the challenge of trying to preserve the Mill Mountain Theatre,
which is a 40 year old organization that makes atremendous contribution to the
region; preservation of the Oliver Hill residence is not a 100 per cent
responsibility of the City of Roanoke; more progress will be gained by working
through partnerships with other organizations; and it would be inappropriate for
the City to provide 100 per cent funding for the Oliver Hill house.
319
In response, Council Member Wishneff advised that in recent years,
projects such as the Grandin Theater, the Art Museum, Shenandoah Hotel, the
Roanoke Higher Education Center and others have involved initial funding by the
City of Roanoke and then challenging the community to make its contributions.
He stated that he was not suggesting that the City of Roanoke should fund the
entire Oliver Hill house project.
Following further discussion, the amendment to Ordinance No. 36866-
092004 offered by Mr. Wishneff, seconded by Mr. Lea, to deduct $50,000.00
from the Municipal North Renovation project to be applied toward purchase of
the Oliver Hill House, was lost by the following vote:
AYES: Council Members Lea and Wishneff .......................... 2.
NAYS: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and
Mayor Harris ........................................................ 5.
Council Member Dowe advised that he serves in an unpaid capacity as a
member of the Board of Directors of Center in the Square which is the
organization that oversees the Mill Mountain Theatre, and inquired if he hasa
conflict of interest.
The City Attorney advised that inasmuch as Mr. Dowe's directorship is an
unpaid position, he does not have a conflict of interest.
Ordinance No. 36866-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and
Mayor Harris ....................................................... 6.
NAYS: Council MemberWishneff .................................. 1.
HEARING OF CITIZENS UPON PUBLIC MA-I-rERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
DRUGS/SUBSTANCEABUSE: Ms. Judy Ferguson, 1713 Coveland Drive, N. W.,
spoke in opposition to the proposed methadone clinic on Hershberger
Road/Cove Road. She stated that National Specialty Clinic, Inc. (NSC) business
license has expired under the name of Roanoke Treatment Center and the facility
is currently State licensed under the name of Appalachian Treatment Center;
National Specialty Clinic, Inc., sold all of its clinics in December 2003, therefore,
a question has been raised as to how the treatment center can operate in the
Hershberger Road location under another name. She also raised questions
as to how the Occupancy License can be transferred to the new owners,
32O
She stated that representatives of the treatment center have advised that a site
which was proposed at the former Roanoke-Salem Plaza is not suitable for their
operation; however, approximately 84 current treatment sites are located in
suites, on second floors of buildings, and in shopping center malls. She called
attention to approximately 2000 children who attend schools in the area and
existing traffic congestion. She referred to petitions signed by concerned
citizens who reside on Ferncliff Avenue, Coveland Drive, Aspen Street, and
Abbott Street, N.W. (The petition was not filed with the City Clerk.)
Ms. Ferguson indicated that she had other questions; whereupon, the
Mayor requested that she provide her remarks in writing to the City Clerk to be
forwarded to the City Manager and to the City Attorney for response. (No written
statement was filed with the City Clerk.)
At 8:10 p.m., the Mayor declared the Council meeting in recess for
continuation of a Closed Session.
At 9:10 p.m., the Council meeting reconvened in the City Council Chamber,
with ail members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
OATHS OF OFFICE-COMMI'I-rEES-ROANOKE NEIGHBORHOOD PARTNERSHIP:
The Mayor advised that there is a vacancy on the Roanoke Neighborhood
Advocates created by expiration of the term of office of Shirley M. Bethel, ending
June 30, 2007; whereupon, he opened the floor for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Earnest Wilson.
321
There being no further nominations, Mr. Wilson was appointed as a
member of the Roanoke Neighborhood Advocates, for a term ending June 30,
2007, by the following vote:
FOR MR. WILSON: Council Members McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick, Lea and Mayor Harris ....................................... 7.
OATHS OF OFFICE-COMMITTEES-BUILDINGS: The Mayor advised that the
term of office of Harry F. Collins, Jr., as a member of the Local Board of Building
Code Appeals, will expire on September 30, 2004; whereupon, he opened the
floor for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Harry F. Collins, Jr.
There being no further nominations, Mr. Collins was reappointed as a
member of the Local Board of Building Code Appeals, for a term ending
September 30, 2009, by the following vote:
FOR MR. COLLINS:. Council Members McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick, Lea and Mayor Harris ....................................... 7.
At 9:1'5 p.m., the Mayor declared the Council meeting in recess until
Friday, September 24, 2004, at 12:00 noon, for the Regional Leadership Summit
Luncheon, to be hosted by Bedford County at the Olde Liberty Station Restaurant,
515 Bedford Avenue, Bedford, Virginia.
The City Council meeting reconvened on Friday, September 24, 2004, at
12:05 p.m., at the Olde Liberty Station Restaurant, 515 Bedford Avenue, Bedford,
Virginia, for a meeting of representatives of the Regional Leadership Summit.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea and Vice-
Mayor Beverly T. Fitzpatrick, Jr.- ....................................... 3.
ABSENT: Council Members Alfred T. Dowe,Jr., Brenda L. McDaniel, BrainJ.
Wishneff, and Mayor C. Nelson Harris ................................... 4.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Stephanie M.
Moon, Deputy City Clerk.
Also present were: Wayne G. Strickland, Executive Director, Roanoke Valley
Alleghany Regional Commission; Pete Larkin, Congressman Bob Goodlatte's aide;
Jeffrey S. Heller, Assistant Vice-President, International Marketing and Sales,
Norfolk Southern Corporation; members of City Councils/Boards of Supervisors
and staff of the following localities: Alleghany County, Bedford County, Craig
County, Franklin County, Roanoke County, City of Bedford, City of Covington,
City of Salem, and Town of Vinton.
322
Mr. Strickland presented copy of the 2004 Regional Legislative Agenda and
the Industry Cluster Analysis. He advised that the 2004 Regional Legislative
Agenda consists of recommendations from local governments in the Alleghany
Highlands and Roanoke Valley to the Virginia General Assembly with regard to
education, taxing and funding, and local authority.
He further advised that the Fifth Planning District Regional Alliance has
released an analysis of industry clusters for the NewVA Region of Virginia that
identifies eight high-paying industry groups that are likely to have a significant
impact of economic growth in the region; the Regional Alliance commissioned
the study with the Center for Regional Economic Competitiveness and the
Roanoke Valley-Alleghany Regional Commission; and the NewVA Region includes
the counties and cities in the Roanoke Valley, Alleghany Highlands and the New
River Valley.
(For full text, see copies of the 2004 Regional Legislative Agenda and the
Industry Cluster Study on file in the City Clerk's Office.)
Bobby Pollard, Chairman, Bedford County Board of Supervisors, welcomed
participants to the meeting. He highlighted various accomplishments of Bedford
County and the City of Bedford, such as the Montvale Chamber of Commerce, the
Loudon Business and Technology, a proposed Virginia Technology Facility
designated as a Technology Zone, and a New Welcome Center. He pointed out
that Bedford County is surrounded by various tourist destinations, i.e.: the Peaks
of Otter, the Blue Ridge Parkway, Smith Mountain Lake, Thomas Jefferson
National Forest, Explore Park, and the National D-Day Memorial, and invited
participants of the Leadership Summit to tour the City of Bedford and Bedford
County following adjournment of the meeting.
PERSONAL PROPERTY TAX REDUCTION ACT (PPTRA-Car Tax Reductions):
Elmer Hodge, County Administrator, Roanoke County, called attention to budget
shortfalls in 2006, totaling almost $:~00 million that localities could lose in
connection with the Personal Property Tax Reduction Act (PPTRA). He advised
that local government leaders are asking State lawmakers to correct the error-
which affects 42 cities, counties and towns, including the cities of Roanoke,
Salem, Richmond, Virginia Beach and Covington, the Counties of Roanoke,
Chesterfield, and Henrico, and the Town of Vinton.
He further advised that the Virginia Municipal League estimates that
reconciling the mistake will cost the State approximately $250 million; the
problem is a change in the car-tax subsidy system that was part of legislation
approved by the General Assembly and signed into law by Governor Mark R.
Warner last spring; legislators involved in drafting the legislation were not aware
of the oversight until recently; and if the legislature fails to act, local officials will
be forced to cut programs or raise other taxes to make up for the shortfalls.
323
Mr. Hodge stated that the problem will occur in 2006, when the State is
scheduled to change the way it reimburses localities for a portion of car-tax
revenues; the State has paid a portion of residential car taxes since 1998; and
the change affects only those localities that mail car-tax bills to residents in the
spring of 2005, including the Hampton Roads, Richmond and Roanoke regions;
and the majority of local governments, including Northern Virginia, mail their tax
bills in the fall, therefore, they are not affected by the change.
He further stated that under the existing system, local governments collect
car-tax reimbursements from the State almost immediately after receiving
payments from vehicle owners; beginning in 2006, the State will pay each locality
a flat fee each year instead of linking reimbursements to the total value of car-
tax bills; and because the State's budget year runs from July through June, the
action provided an extra $250 million to spend on public education and other
State programs during the fiscal year ending June 30, 2006.
Mr. Hodge indicated that the PPTRA/SB 2005 Working Group convened by
the Secretary of Finance, with representation from VML, VACo, the
Commissioners of the Revenue Association and the Treasurers' Association, will
discuss potential solutions and make recommendations for budget and/or
legislative action to address the matter. He encouraged each locality to schedule
a meeting with its legislative representatives to discuss the car-tax issue.
INTERMODAL FREIGHT ISSUES: Jeffrey S. Heller, Assistant Vice-President,
International Marketing and Sales, Norfolk Southern Corporation, advised that
there has been a big shift with regard to how the railroad conducts onshore
business, most significantly coal, which is 30 per cent of the railroad's business
and generates considerable revenue; and the biggest growth generated in the
last five to ten years is the intermodal business which has consisted of close to
20 per cent of the railroad's business during the first half of 2004.
Mr. Heller further advised that as long as NS services are competitive with
trucks and its cost is less, this is a cost effective way to do business in the United
States. He presented the following information with regard to the Heartland
Corridor:
The Heartland Corridor is a portfolio of intermodal based projects
designed to significantly improve mobility and increase freight
capacity between the Mid-Atlantic regions of Virginia and North
Carolina, and the Midwest and West Virginia.
324
Key Project Components:
"Central Corridor Double-Stack Project"
double-stack clearances between Roanoke, Virginia,
through West Virginia to Columbus, Ohio
New Intermodal Terminals
Prichard, West Virginia
Expanded Intermodal Capacity
Columbus, Ohio - Rickenbacker Airport
Roanoke, Virginia - New Terminal
· "Western Freeway Rail Corridor"
· Rail relocation project in Portsmouth, Virginia
Supporting Projects Outside of Scope
· Terminal expansion - Front Royal, Virginia
· 'New Terminal - Petersburg, Virginia
· New classification facility between Surfolk
Petersburg, Virginia
and
Qualified Benefits of the Central Corridor Double-Stack Pro~ect
Provides a new intermodal facility in western Virginia, a
region that currently has no intermodal connections to the
domestic and global intermodal network.
Provides new, lower cost intermodal freight transportation
options to shippers in the Appalachian regions of West
Virginia, eastern Kentucky, and southeastern Ohio. This
infrastructure improvement will provide a base for
attracting new business to the region.
Facilitates conversion of freight from highway to rail,
reduces traffic congestion on key highways along the
Heartland Corridor.
Reduces emissions by up to 75 per cent on freight
converted to rail.
325
Expanded Terminal Capacity
The Heartland Corridor project will create significant new
intermodal capacity in Columbus, Ohio, and Roanoke, Virginia.
This project provides for a major new state-of-the art
intermodal facility adjacent to the Columbus Regional Airport
Authority's Rickenbacker International Airport, south of
Columbus.
This project provides for a new 17,000 lift intermodal facility
in the Roanoke Valley region of western Virginia.
Phase lCapacity, Rickenbacker: 250,000
Phase I Capacity, Discovery Park: 100,000
Phase I Capacity, Roanoke: 17,000
Cost: $76 million
The new facility in the Roanoke Valley would be similar in
scope and design to the Norfolk Southern's new facility in
Cleveland, Ohio.
Project Cost Summary
Central corridor double-stack initiative and Prichard
Intermodal Terminal - $130 million
New terminal capacity in Columbus, Ohio, and the
Roanoke, Valley - $76 million
Western Freeway Rail Relocation Project - $60 million
Total - $266 million
Response to why Roanoke? Why now?
Growth in east coast City of Norfolk ports
Growth of All Water Asia- United States steamship services
Roanoke at the crossroads of the 1-64 and 1-81 corridors
Local Markets growing
Overall Benefits of the Heartland Corridor Project
Improved mobility for motorists and truck freight along the
Heartland Corridor, including some mobility benefits on the
1-81 segment between Staunton and Lexington, Virginia
Environmental benefits from reduced emissions through use
of more efficient rail transportation
326
Economic, tax and employment benefits from the introduction
of new or expanded Intermodal capacity along the Heartland
Corridor
Preservation of rail infrastructure and employment on a rail
corridor facing declines in other traditional rail traffic in
Roanoke and West Virginia
Reduced shipping costs for shippers along or shipping via the
Heartland Corridor
Improved access to the global trade network for shippers and
manufacturers in Virginia, West Virginia, Eastern Kentucky and
Ohio.
In closing, Mr. Heller expressed appreciation to Congressman Goodlatte for
his support, and encouraged representatives of the localities to speak with their
constituents on the local, state and national level in support of the Heartland
Corridor project.
OTHER BUSINESS/ANNOUCEMENTS:
Mr. Strickland announced that the Mayors and Chairs Meeting will be held
on Friday, November 12, 2004, at 11:00 a.m., in Alleghany County. He also
announced that the next Regional Leadership Summit will be held in January
2005; and Craig County has volunteered to host a Regional Leadership Summit in
the spring of 2005.
There being no further business, the Vice-Mayor declared the meeting of
Roanoke City Council adjourned at 1:15 p.m.
APPROVED
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
327
ROANOKE CITY COUNCIL
OCTOBER 7, 2004
12:00 p.m.
EMERGENCY OPERATIONS CENTER CONFERENCE ROOM
ROOM 159
The Council of the City of Roanoke and the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority(RRHA) met in a joint meeting on
Thursday, October 7, 2004, at 12:00 p.m., in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor
Beverly T. Fitzpatrick, Jr., and Chairman Ben J. Fink presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Sherman P.
Lea, Brenda L. McDaniel, BrianJ. Wishneff(arrived at 12:45 p.m.) and Vice-Mayor
Beverly T. Fitzpatrick, Jr.- ............................................. 5.
ABSENT: Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, J r.- .......................................... , ............... 2.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BOARD OF
COMMISSIONERS PRESENT: Gregory W. Feldmann, Anita M. Powell, Christie L.
Wills and Chairman BenJ. Fink ......................................... 4.
ABSENT: Commissioner Gregory M. Cupka .......................... 1.
(The terms of office of Commissioners H. Victor Gilchrist and James W. Burks,Jr.,
expired on August 31, 2004.)
OTHERS PRESENT: Representing the City of Roanoke: George C. Snead,Jr.,
Assistant City Manager for Operations; Rolanda B. Russell, Assistant City Manager
for Community Development;Jesse A. Hall, Director of Finance; Timothy Spencer,
Assistant City Attorney; and Mary F. Parker, City Clerk. Representing the RRHA:
John P. Baker, Executive Director; Earl B. Reynolds,Jr., Deputy Executive Director;
John P. Grove, Attorney; and Sue Marie Worline, Secretary.
The meeting was opened with a prayer by Vice-Mayor Fitzpatrick.
HOUSING/AUTHORITY: Following lunch, the Vice-Mayor welcomed
Commissioners of the Roanoke Redevelopment and Housing Authority and staff
to the meeting. He expressed appreciation to the RRHA for continuing
partnership efforts with the City, and welcomed newly appointed Commissioner
Anita Powell to her first joint meeting of Council and the RRHA.
328
The Vice-Mayor referred specifically to the Southeast by Design project and
the efficiency of the RRHA in the handling of various documents in connection
with the project. He made reference to a recent comment by an unidentified
person that it is interesting to see City government and the private sector
working together on a project such as Southeast by Design. He called attention
to the importance of continuing to hold joint meetings of the Council and the
RRHA to discuss matters of mutual interest and concern to both entities. He
noted that the Memorandum of Understanding between Council and the RRHA
was to be discussed at the meeting, but inasmuch as the Mayor and the City
Manager were not present, the item would be held in abeyance for discussion at
a future joint meeting.
On behalf of the RRHA, Chairman Fink expressed appreciation for the
opportunity to meet with Council and for the kind of working relationship that
has existed between the Council and the RRHA.
OVERVIEW OF THE HENRY STREET PROGRAM (TAP, DUMAS, ROANOKE HIGHER
EDUCATION CENTER, AND THE CULINARY INSTITUTE):
Chairman Fink advised that it is hoped that the Roanoke Neighborhood
Development Corporation (RNDC) will propose aviable project in the near future
for the Henry Street area. He referred to the site of the Dumas Center and two
adjacent parcels of land and advised that Total Action Against Poverty (TAP) has
requested that the Board of Commissioners donate certain land adjacent to the
Dumas for the project; and TAP has provided financial information that will be
reviewed by the Board of Commissioners at its .November meeting. He stated
that the Board of Commissioners is waiting to hear from the Executive Director of
the Roanoke Higher Education Center regarding the status of the Culinary
Institute which is planned for the old Ebony Club building and the small building
next to the structure.
The Vice-Mayor made the observation that Henry Street has been atopic of
discussion for a long time, yet nothing is currently underway that would create a
critical mass; and Council has taken a leadership role by determining the bridge
location which should help RNDC and the RRHA in considering potential
opportunities for the area. He called attention to the importance of proactively
assisting RNDC and advised that The Hotel Roanoke and Conference Center, the
Roanoke Higher Education Center and new parking has provided a level of
synergy around the property. He asked that the RRHA advise as to how Council
might be of assistance to RNDC and to the RRHA in their efforts to move forward
in this vibrant part of the City.
Council Member Cutler expressed concern that there has been a kind of
piecemeal approach to this sub region of the City that includes the RRHA, RNDC,
TAP, the Dumas Center, the Roanoke Higher Education Center, the Culinary Arts
project, the First Street Bridge, the river walk across the rail walk, the Oliver Hill
house, and Lick Run Greenway. He spoke in support of integration ofthevarious
projects.
329
The Vice-Mayor requested that City staff and RRHA staff determine if there
is an opportunity for representatives of the two entities to come together to
discuss ways to create more of a sense of urgency to get something done in the
Henry Street area.
Council Member Wishneff entered the meeting.
Council Member McDaniel inquired if there is an umbrella organization that
is charged with the responsibilityofover seeing the various projects; whereupon,
the Vice-Mayor advised that the RRHA would be the appropriate entity to call all
of the parties to the table for discussion.
Chairman Fink advised that the RRHA Board of Commissioners will review
the request with staff and submit a recommendation to Council.
Commissioner Feldmann advised that the role of the RRHA is to serve as a
catalyst for this type of activity which will tie in with future discussions on the
Memorandum of Understanding between Council and theRRHA. He stated that
the Downtown Music Lab will also play a role in the development of the Henry
Street area.
Mr. Snead advised that he will convey the message of Council to the City
Manager as to the importance of a round table, thorough and complete
discussion regarding the Henry Street area by engaging all of the key players to
ensure that all components are addressed.
OTHER DISCUSSION ITEMS:
A question was raised with regard to Project Gold (Gainsboro Project);
whereupon, the Executive Director advised that the RRHA has partnered with Blue
Ridge Housing Development Corporation, the community has been advised of
opportunities for housing rehabilitation, applications are currently being
accepted for rehabilitation loans, rehabilitation efforts will focus on occupied
buildings, and Blue Ridge Housing Development Corporation is looking at
opportunities to purchase land and vacant houses to rehabilitate and to sell.
Chairman Fink called attention to a revitalization area known as Cherry
Avenue in the Gainsboro area will have an impact on the Gainsboro community,
which will target rehabilitation funds for the neighborhood and could provide
housing in the price range of $150,000.00 or more.
330
The Executive Director advised that the RRHA recently received a
$250,000.00 Neighborhood Network Grant which was made available to localities
that administer Hope VI programs. He stated that as a result of the Villages at
Lincoln, the RRHA competed with 44 cities throughout the United States and was
chosen as one of 20 cities to be awarded a $250,000.00 grant to help residents
in their efforts to reach self-sufficiency. He explained that the grant will be used
to help coordinate efforts to provide training and resources through computers,
using online services, and training will focus on all age groups.
Question was raised in regard to the lead-based paint project; whereupon,
the Executive Director advised that corrective action has commenced on the first
group of houses, which varies from the removal of flaking paint, to painting over
the structure, to encapsulating with siding, and/or other more major types of
rehabilitation.
In closing, Vice-Mayor Fitzpatrick commended the RRHA on the
transformation that resulted from the Hope VI Project which appears to have
brought a much better quality of life to public housing residents. He further
commended the Housing Authority on a smooth transition of residents from one
part of the housing complex to another during the construction phase, and
overall efforts by the RRHA to help residents become self-sufficient.
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr.,
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committee appointed by Council,
and to interview applicants for vacancies on the Roanoke Redevelopment and
Housing Authority and the Architectural Review Board, pursuant to Section 2.2-
3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council convene in a Closed Meeting as above
described. The motion was seconded by Ms. McDaniel and adopted by the
following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick ........................................................ 5.
NAYS: None .................................................. O.
(Mayor Harris and Council Member Dowe were absent.)
There being no further business, at 1:10 p.m., the Vice-Mayor declared the
meeting of Council in recess until 2:00 p.m., in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke.
331
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 7, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 7, 2004, at 2:00 p.m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor Beverly T. Fitzpatrick,
Jr., presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, RegularMeetinqs, Code of the City
of Roanoke (1979), as amended, and pursuant to Resolution No. 36861-
092004 adopted by Council on September 20, 2004, which changed the time
of commencement of the regular meeting of Council to be held at 9:00 a.m.,
on Thursday, October 7, 2004, to 12:00 p.m., and pursuant to Resolution No.
36762-070604 adopted by Council on Tuesday, July 6, 2004, which
established the meeting schedule for the fiscal year commencing July 1, 2004
and ending June 30, 2005.
PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J.
Wishneff, M. Rupert Cutler, and Vice-Mayor Beverly T. Fitzpatrick, Jr.- ........ 5.
ABSENT: Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, J r.- .......................................................... 2.
The Vice-Mayor declared the existence of a quorum.
OFFICERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; Timothy Spencer, Assistant City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Fitzpatrick.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-DISABLED PERSONS: The Vice-Mayor presented a
proclamation to Christene Montgomery, Chair, Mayor's Committee for People
with Disabilities, declaring October 2004, as National Disability Employment
Awareness Month.
PROCLAMATIONS-HEALTH DEPARTMENT: The Vice-Mayor presented a
proclamation to Charles Wohlford, President NAMI of Roanoke Valley, declaring
October 3 - 9, 2004, as Mental Illness Awareness Week.
332
PROCLAMATIONS-FIRE DEPARTMENT: The Vice-Mayor presented a
proclamation to James Grigsby, Chief of Fire/Ems, declaring October 3- 9, 2004,
as Fire Prevention Week.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be enacted
by one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately.
DIRECTOR OF FINANCE-CITY CLERK-OATHS OF OFFICE-FIRE DEPARTMENT-
CITY ATTORN EY-COM MI'I-fEES- HOUSING/AUTHORITY-CABLE TELEVISION-PARKS
AND RECREATION-MUNICIPAL AUDITOR: The following reports of qualification
were before Council:
William M. Hackworth as City Attorney; Jesse A. Hall as
Director of Finance; Mary F. Parker as City Clerk; and
Troy A. Harmon as Municipal Auditor, for two year
terms of office, commencing October 1, 2004, and
ending September 30, 2006;
Roger B. Holnback as a member of the Parks and
Recreation Advisory Board, for aterm ending March 31,
2007;
Edwin L. Noell as a member of the Board of Fire
Appeals, for a term ending June 30, 2008;
Althea L. Pilkington as a member of the Roanoke
Neighborhood Advocates, to fill the unexpired term of
Joseph A. Schupp, resigned, ending June 30, 2006; and
Anita M. Powell as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term
ending August 31, 2008.
Mr. Cutler moved that the reports of qualification be received and filed.
The motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
333
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that since 1996, Blue Ridge Housing Development
Corporation (BRHDC) has successfully conducted housing programs for the City
of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on May 13, 2004, Council
authorized Blue Ridge Housing Development Corporation's 2004-2005
Community Development Block Grant and HOME activities and funding pursuant
to Resolution No. 36695-051304, which approved the City's 2004-2005 Annual
Update to the Consolidated Plan for submission to the U. S. Department of
Housing and Urban Development; Council accepted 2004-2005 Community
Development Block Grant and HOME funds on June 21., 2004, pursuant to
Ordinance No. 3671.9-062104 and Resolution No. 36720-062104, pending
approval from HUD; and grant agreements with HUD have since been signed.
It was further advised that in order for Blue Ridge Housing Development
Corporation to conduct its approved 2004-2005 housing activities, authorization
by Council to execute a subgrant agreement with BRHDC is needed; the
necessary Community Development Block Grant and HOME funding is available
and identified in an attachment to the communication; and a total of
$513,147.00 will be provided to Blue Ridge Housing Development Corporation
under the agreement for new homeownership activities.
The City Manager recommended that she be authorized to execute the
2004-2005 Community Development Block Grant/HOME Subgrant Agreement
with Blue Ridge Housing Development Corporation, to be approved as to form by
the City Attorney.
Mr. Cutler offered the following resolution:
(#36867-100704) A RESOLUTION authorizing the appropriate City officials
to execute the subgrant Agreement with the Blue Ridge Housing Development
Corporation to conduct 2004-2005 housing activities using Community
Development Block Grant ("CDBG") and HOME Investment Partnerships Program
funds in the amount of $513,1.47.00, upon certain terms and conditions.
334
(For full text of resolution, see Resolution Book No. 69, Page 137.)
Mr. Cutler moved the adoption of Resolution No. 36867-100704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None ................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The City Manager
submitted a communication advising that the City of Roanoke Department of
Social Services and the State Health Department entered into an agreement in
1994 to establish an Eligibility Worker position through the Department of Social
Services to be placed at the Roanoke Health Department to ensure that all
citizens have an opportunity to apply for Medicaid; and the Agreement will
remain in effect until modified by mutual consent or operation of law.
It was further advised that total cost of the position is $38,050.00; and
approximately SO per cent of the cost will be reimbursed from Federal Medicaid
administrative funds, with the Health Department reimbursing the remaining
cost.
The City Manager recommended that she be authorized to continue the
services of the Eligibility Worker stationed at the Health Department in
accordance with the original agreement; that Council appropriate funds, as
follows, in accounts to be established in the Grant Fund by the Director of
Finance; and establish a revenue estimate of $38,050.00 from State and Federal
sources.
· Salary $28,874.00
· City Retirement 2,823.00
· ICMA Match 650.00
· FICA 2,104.00
· Health Ins. 3,300.00
· Dental Ins. 221.00
· Disability Ins. 78.00
$38.050.00
Ms. McDaniel offered the following budget ordinance:
335
(#36868-100704) AN ORDINANCE to appropriate funding for the Eligibility
Worker position, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 138.)
Ms. McDaniel moved the adoption of Ordinance No. 36868-100704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
Mr. Cutler offered the following resolution:
(#36869-100704) A RESOLUTION authorizing the City Manager to continue
the services of the Eligibility Worker stationed at the Health Department in
accordance with the original Agreement between the Roanoke City Department of
Social Services, the State Health Department and the Virginia Department of
Social Services, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 69, Page 139.)
Mr. Cutler moved the adoption of Resolution No. 36869-100704. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
POLICE DEPARTMENT-BUDGET-DIVISION OF MOTOR VEHICLES-GRANTS:
The City Manager submitted a communication advising that the Virginia
Department of Motor Vehicles (DMV) is the administering agency for pass
through funds provided by the United States Department of Transportation for
highway safety projects in Virginia; and DMV offers funds to successful
applicants for activities which improve highway safety in Virginia.
It was further advised that the Roanoke Police Department has been
awarded grant funding for the period October 1, 2004 through September 30,
2005, in the amount of $20,000.00 for the following projects:
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Overtime and related FICA expenditures associated with conducting
selective enforcement activities which target Driving Under the
Influence (DUI), speeding, and motor vehicle occupant safety.
For the purchase of 32 rechargeable battery-powered flare/flasher
units.
For the purchase one 5' x $' DUI checkpoint trailer.
For the purchase of radar units and portable traffic sensors and
software. The equipment will be used to monitor speed and enforce
traffic laws during periodic aggressive driver enforcement initiatives.
It was explained that there is a statistical correlation between levels of
motor vehicle law enforcement and traffic accidents in the City of Roanoke;
historically, speed and alcohol are factors in 17 per cent of Roanoke's motor
vehicle accidents; and the program allows police officers to concentrate on
alcohol impaired drivers and speeders at times when such violations are most
likely to occur.
The City Manager recommended that Council accept the Driver/Occupant
Awareness grant, and that she be authorized to execute grant agreements and
any related documents, subject to approval as to form by the City Attorney; and
that Council appropriate funds totaling $20,000.00 and establish corresponding
revenue estimates in accounts to be established by the Director of Finance in the
Grant Fund.
Ms. McDaniel offered the following budget ordinance:
(#36870-100704) AN ORDINANCE to appropriate funding for the
Driver/Occupant Awareness Grant, the Flare Flasher DUI Checkpoint Trailer Grant
and the Enhanced Speed Enforcement Grant, amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 140.)
Ms. McDaniel moved the adoption of Ordinance No. 36870-100704. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
Ms. McDaniel offered the following resolution:
337
(#36871-100704) A RESOLUTION accepting the Driver/Occupant
Awareness grant offer made to the City by the Virginia Department of Motor
Vehicles, and authorizing execution of any required documentation approved as
to form by the City Attorney.
(For full text of resolution, see Resolution Book No. 69, Page 141.)
Ms. McDaniel moved the adoption of Resolution No. 36871-100704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-
Mayor Fitzpatrick .................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The City Manager
submitted a communication advising that the City experienced a flood event
commencing on Tuesday, September 28, 2004, which resulted in both public and
private damage and significant cost to the City in dealing with the impact of the
emergency; and an initial estimate of cost for the event, including damage to
public property and damage to homes and businesses, is estimated at $4 million,
which estimates are subject to change as findings are updated and insurance
estimates are received.
It was further advised that damage estimates, the slow economy, and
reductions in State funding limit the City's ability to cover the cost of expenses
resulting from these events; on September 28, 2004, the City Manager declared a
local emergency as a result of the flood.
It was explained that the declaration of a local emergency does not
automatically guarantee that State and Federal financial assistance will be
provided; and the Governor will make a decision on whether or not to request
Federal assistance, once state-wide damage estimates are received.
The City Manager recommended that Council confirm her action to declare
the existence of a local emergency for a flood commencing on September 28,
2004.
Mr. Cutler offered the following resolution:
(#36872-100704) A RESOLUTION confirming the declaration of a local
flooding emergency; conferring emergency powers in the City Manager as
Director of Emergency Management; authorizing the City Manager to make
application for Federal and State public assistance to deal with such emergency;
designating a fiscal agent and an agent for submission of financial information
for the city; and calling upon the Federal and State governments for assistance.
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(For full text of resolution, see Resolution Book No. 69, Page 142.)
Mr. Cutler moved the adoption of Resolution No. 36872-100704. The
motion was seconded by Ms. McDaniel.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that Victory Stadium
would not have flooded if the flood wall had been constructed. He stated that
Victory Stadium and the football field could have been ready for local high school
football games if more attention had been given to cleaning up the facility
following the recent flood event in the City of Roanoke.
Resolution No. 36872-100704 was adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... O.
(Mayor Harris and Council Member Dowe were absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of August 2004.
(For full text, see financial report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
for the month of August 2004 would be received and filed.
REPORTS OF COMMI~-I'EES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A.
Clemo, Attorney, advising that on August 16, 2004, Council adopted Resolution
No. 36816-081604 authorizing the filing of an application with the Virginia
Public School Authority (VPSA) for bond financing of $1,300,000.00 for capital
improvements at Lincoln Terrace Elementary School and authorizing publication
of a notice for public hearing required under the Public Finance Act before the
bonds may be issued; a Virginia Public School Authority application was filed on
August 25, 2004; and a public hearing was held by Council on September 7,
2004, on the proposed bond issue, was before the body.
Mr. Cutler offered the following resolution:
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(#36873-100704) A RESOLUTION authorizing the issuance of not to exceed
$1,300,000.00 general obligation school bonds of the City of Roanoke, Virginia,
Series 2004-A, to be sold to the Virginia Public School Authority and providing
for the form and details thereof.
(For full text of resolution, see Resolution Book No. 69, Page 143.)
Mr. Cutler moved the adoption of Resolution No. 36873-100704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ARMORY/STADIUM - CITY COUNCIL - FLOOD REDUCTION/CONTROL-
SCHOOLS: Council MemberWishneffadvised that at the next meeting of Council
on Monday, October 18, 2004, when all members of the Council and the City
Manager are in attendance, he would request a closed meeting of Council to
discuss the performance of certain City personnel.
He expressed concern in regard to recent newspaper articles regarding
flooding conditions at Victory Stadium as a result of Hurricane Jeanne on
September 28, 2004, and remarks by certain City employees relative to whether
flooding would have occurred if the flood wall had been constructed. He stated
that there is no higher priority in the City of Roanoke than its youth, and
expressed concern over the City's apparent lack of efforts to clean up Victory
Stadium following the flood in time for the Patrick Henry High School
Homecoming Football Game which was scheduled to be played on Friday,
October 8.
Council Member Lea concurred in the remarks of Mr. Wishneffand spoke in
support of developing a contingency plan to move high school football games to
other venues in the Roanoke area if the Victory Stadium field in not in acondition
to allow for high school football games to be played during the remainder of the
season. He expressed concern that the City's efforts to clean up Victory Stadium
appeared to be lagging behind those of another Roanoke Valley locality.
George C. Snead, Jr., Assistant City Manager for Operations, was requested
to provide a status report on the condition of the Victory Stadium field.
340
Mr. Snead called attention to previous remarks regarding the condition of
the Moyer Sports Complex in the City of Salem, which was cleaned up following
the flood and is now ready for use. He explained that the Moyer Sports Complex
contains a substantial amount of sand as a part of the field substructure in both
the end field and the grassed area and has a tendency to drain faster than Victory
Stadium which has very little sand in its subsoil base and tends to drain slowly,
therefore, it is a challenge to maintain the field when it is saturated. He stated
that in examining the condition of Victory Stadium following the flood, it was the
opinion of City staff that since the field was highly saturated, there would be
more damage to the field if the football game were allowed to be played,
therefore, a decision was made to not allow activity on the Victory Stadium field
in an effort to salvage the field for the balance of the football season. He
advised that a considerable amount of work was done on the inside of Victory
Stadium, i.e.: public restrooms and locker rooms, etc., but no water was
interjected around the track area or on the stadium field.
In response to Mr. Lea's question, Mr. Snead advised that there were
conversations with school principals and athletic directors in regard to evaluating
the Victory Stadium field and reaching a consensus on its playability for football,
and no discussions have taken place with school officials in regard to identifying
a contingency plan.
Vice-Mayor Fitzpatrick advised that the City has experienced three flood
events in the last 60 days, over 100 homes and 43 businesses were flooded and
City staff is continuing to clean mud ridden streets throughout the City of
Roanoke. Therefore, he stated that the issue is not just cleaning up Victory
Stadium, but the entire City of Roanoke. He stated that as a result of the
questions and concerns raised by some Members of Council, it is hoped that the
City administration will provide more detail on where the City spent the majority
of staff time and money and any other staff issues that the majority of Council
would like to address relative to Victory Stadium.
Mr. Snead reviewed flood-related activities that were addressed by City
staff during the first approximately 72 hours following the September 28, 2004,
flood event; i.e.: the Swift Water Rescue Team responded to approximately 50
calls in the Roanoke Valley, occupants of businesses and private homes were
assisted in connection with pumping out basements and removal of personal
items, the Police Department responded to hundreds of calls in the first 12 hour
period with regard to traffic related issues, street closings, etc., the 911 Center
addressed concerns of citizens, the City Engineer's Office identified and
responded to drainage complaints, the Solid Waste Management division
addressed challenges in connection with solid waste pickup, the Streets and
Traffic department dealt with issues surrounding two mud slides in the City, Civic
Center staff addressed issues at Victory Stadium and created a shelter for
displaced citizens and a base of operation for the local chapter of the American
Red Cross, the Sheriff's Department provided assistance with various types of
issues, staff of the Social Services and Human Services Departments were placed
on stand by in the event that it became necessary to activate the phone bank in
341
the Emergency Operations Center of the Municipal Building, and the Department
of Real Estate Valuation assisted with assessment of damages to property which
enabled the City to submit its assessment report in the required 72 hour time
period. He advised that to date, approximately 43 businesses have reported
substantial water damage, 25 truckloads of debris were removed from the public
streets and approximately 100 tons of gravel and stone were used to stabilize
edges of streets and rights-of-way to prevent further damage; Parks and
Recreation staff continues to clean up along the greenway system, and the
Wastewater Treatment Plant was out of commission for approximately ten days
as a result of substantial damage to the main treatment building, however, the
plant is now functioning under the tertiary three step process
The Vice-Mayor entertained a motion that the City Attorney be instructed
to prepare the proper measure expressing appreciation to City employees and to
the citizens of Roanoke for their efforts in connection with cleaning up
the City of Roanoke following the flood event on September 28, 2004, as
a result of Hurricane Jeanne; whereupon, on motion of Mr. Cutler, seconded by
Ms. McDaniel, the motion was adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised
that Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS: Mr. Chris
Craft, 1501 East Gate Avenue, N. E., advised that a representative, age 30 or
younger, should be appointed to the Stadium Study Committee. He stated that
cleaning up Victory Stadium should be a priority of the City so that the
Patrick Henry High School Homecoming football game can be played on Friday,
October 8, 2004.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS: Ms. Lisa S.
Updike, 2803 Woodlawn Avenue, S.W., advised that it should not be implied that
Victory Stadium is a bigger priority than the safety of Roanoke's citizens, their
homes, or their livelihood, but citizens believe that the City of Roanoke should
be held accountable to support and to provide adequate maintenance at Victory
Stadium. She stated that the needs and desires of Roanoke's children are not a
small issue; and Roanoke's school community consists of 1800 students enrolled
at Patrick Henry High School and 1400 students at William Fleming High School
with families who pay taxes in the City of Roanoke. She added that high school
football and other sporting events build school comradeship and to disappoint
the school community by not appropriately addressing clean up efforts at Victory
Stadium is a serious disappointment to Roanoke's youth. She called attention to
conflicting information that was provided by City staff and School staff regarding
the field at Victory Stadium; therefore, it is requested that Council intervene and
provide positive and immediate activity in regard to the Victory Stadium field so
that high school football can be played on the evening of October 8.
342
Ms. Carol Brash, 2259 Westover Avenue, S. W., President, Patrick Henry
PTSA; past President, Roanoke Central Council PTA; and a member of the Patrick
Henry High School Athletic Boosters Club, advised that the Central Council PTA
adopted a resolution urging Council to take immediate action to clean up the
Victory Stadium field. She stated that the issue is more wide spread than a high
school football game, and involves an overall community issue, especially in view
of past negative publicity about Roanoke's schools and conditions surrounding
construction at Patrick Henry High School. Therefore, she added that the ability
to play football on the home turf is important to students, staff, parents and the
community. She advised that Roanoke's students deserve to play their games in
the City of Roanoke where their families can attend to lend support, and asked
that Council hold City staff accountable for cleaning up Victory Stadium and
forget about the politics of whether Victory Stadium will be renovated or a new
stadium will be constructed.
COMPLAINTS-ARMORY/STADIUM: Mr. Robert Gravely, 729 Loudon Avenue,
N. W., advised that there is confusion as to which City department is responsible
for cleaning up Victory Stadium. He expressed concern with regard to the overall
lack of cleanliness of the City of Roanoke.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS-COUNCIL:
Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in the remarks of
Ms. Updike and Ms. Brash, and advised that Victory Stadium has been neglected
by the City of Roanoke for some time. She stated that all citizens are concerned
about the impact of the flood on Roanoke's citizens and businesses. She asked
that Members of Council be allowed to state their opinions in public session, but
when there is disagreement among the Council, it would be more professional to
address issues of concern in a private setting, as opposed to the open Council
forum.
ACTING CITY MANAGER COMMENTS: NONE.
At 3:30 p.m., the Vice-Mayor declared the meeting in recess for one
Closed Session.
At 5:45 p.m., the Council meeting reconvened in the Council Chamber,
with Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with exception of Mayor Harris and Council Member Dowe.
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 Ms. McDaniel and adopted by the
following vote:
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AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... O.
(Mayor Harris and Council Member Dowe were absent.)
SCHOOLS-ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-ROANOKE
CIVIC CENTER: The Assistant City Manager for Operations advised that the
Director of Civic Facilities reports that the Victory Stadium field can be marginally
playable, with some saturated areas, by Friday, October 8, 2004; however, in
view of concerns regarding the general environment, i.e.: fencing, crowd control,
ticketing, etc., the Acting Superintendent of Schools and the Principal of Patrick
Henry High School have made the decision to hold the Patrick Henry High School
Homecoming football game at Heritage High School in Lynchburg, Virginia, on
Friday, October 8, 2004, with the goal of playing football at Victory Stadium on
Friday, October 15.
OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES: The Mayor advised that
there is a vacancy on the Personnel and Employment Practices Commission due
to the resignation of TamaraAsher and called for nominations to fill the vacancy.
Mr. Lea placed in nomination the name of Gregory W. Staples.
There being no further nominations, Mr. Staples was appointed as a
member of the Personnel and Employment Practices Commission, to fill the
unexpired term of Tamara Asher, ending June 30, 2007, by the following vote:
FOR MR. STAPLES: Council Members Lea, McDaniel, Wishneff, Cutler, and
Vice -Mayor Fitzpatrick ................................................ 5.
(Mayor Harris and Council Member Dowe were absent.)
Inasmuch as Mr: Staples is not a resident of the City of Roanoke, Mr. Lea
moved that the City residency requirement be waived in this instance. The
motion was seconded by Mr. Cutler and adopted.
At 5:50 p.m., the Vice-Mayor declared the Council meeting in recess until
Wednesday, October 13, 2004, at 12:00 noon at the Salem Civic Center,
Section 3, 1001 Boulevard, Salem, Virginia, for the Regional Leadership Summit
with General Assembly representatives to discuss key legislative issues.
The City Council meeting reconvened on Wednesday, October 13, 2004, at
12:00 noon at the Salem Civic Center, Section 3, 1001 Boulevard, Salem, Virginia,
for a meeting of representatives of the Regional Leadership Summit.
344
PRESENT: Council Member M. Rupert Cutler ......................... 1.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson
Harris .............................................................. 6.
OFFICERS PRESENT: Jesse A. Hall, Director of Finance; Rolanda B. Russell,
Assistant City Manager for Community Development; George C. Snead, Jr.,
Assistant City Manager for Operations; and Sheila N. Hartman, Assistant City
Clerk.
Also present were: Senator John S. Edwards; Josh Myers, Aide to Delegate
H. Morgan Griffith; Delegate William H. Fralin,Jr.; Wayne G. Strickland, Secretary,
Fifth Planning District Regional Alliance; and members of City Councils/Boards of
Supervisors and staff of the following localities: Alleghany County, Botetourt
County, Franklin County, Roanoke County, City of Covington, City of Salem, and
Town of Vinton.
LEGISLATION: Mr. Strickland presented the following 2005 Regional
Legislative Agenda:
EDUCATION: The General Assembly should fully fund the Standards of
Quality. The Commonwealth has an obligation to fund the Standards of Quality
on the basis of realistic costs -- reflecting actual education practices to include
capital, operating and maintenance costs.
TAXING AND FUNDING: The 2004 General Assembly passed the Personal
Property Tax Relief Act (PPTRA). The provisions of this legislation will directly
affect several communities in this region. Some issues of concern associated
with the Act are:
There is no provision to reimburse localities for PPTRA during
the period January I through June 20, 2006, relevant to either
delinquent accounts or current year installment payments due
within this time period.
The requirement that localities adopt a multi-tiered tax
structure will force many local governing bodies to raise the
rate each year due principally to uncontrollable demographic
factors such as population growth.
With institution of the new tax rate system, no provision has
been made to correct for either overages or shortages if the
Iocality's tax rate(s) are not truly revenue neutral.
Affected local governments will incur a substantial amount of
time and expense to make programming changes in order to
accommodate revisions to the PPTRA.
345
A substantial number of taxpayers whose vehicles are
assessed at less than $1,000.00 will not be put back on the
tax rolls.
The burden of explaining the new legislation to citizens
(including why the tax rate and/or percentage of relief will
vary among surrounding localities) will be difficult.
Funding for Virginia's Regional Competitiveness Program (RCP) was
eliminated in 2002; the General Assembly needs to fund this important program.
The Commonwealth established the RCP in 1996 and since that time more than
227 regional projects throughout Virginia have been supported by RCPfunds; 31
projects have been supported in the RoanokeValley-Alleghany Region using RCP
funds; each dollar of RCP funds have been leveraged with $19.00 of non-state
funds, and has supported regional industrial parks, workforce
development/education, tourism and infrastructure development.
The Commonwealth of Virginia needs to move aggressively to reform its
tax system. Three study commissions were established to examine the problem
of funding state and local governments and as yet there has been no major
movement toward tax reform. The General Assembly should continue to work
diligently on reforming the State's tax system to ensure that Virginia's tax system
is fair and aligns service delivery responsibilities with revenue sources at the
State and local level.
LOCAL AUTHORITY: The General Assembly should not pass legislation that
takes away local government authority over land use issues. For example,
legislation has been proposed that will require manufactured housing to be
permitted "by right" in all residential zoning districts. Such legislation would
directly affect the power of local councils and boards to control land use in their
communities.
TRANSPORTATION: The General Assembly should:
Require the Virginia Department of Transportation (VDOT) to
find a funding mechanism to expedite the
widening/improvements to Interstate 81, the economic
lifeblood of western Virginia; improvements will enhance
safety and promote the economy of the region.
Fund the Smart Road outside of VDOT funds allocated to the
Salem Transportation District; approximately 35 per cent of
the funds allocated to the Salem District will be used to pay
for the Smart Road, an economic benefit for the entire
Commonwealth and the nation.
346
Plan for the development of rail freight along 1-81 to
complement the widening of the interstate with the purpose of
moving a large volume of the long-distance freight traffic
from trucks to freight trains on dual track, high-speed rails
parallel to 1-81.
Fund implementation of passenger rail service in the Roanoke
to Bristol corridor, to provide a good multi-modal addition to
highways and airports currently serving the region.
UPDATE-SENATE BILL 5005: Elmer Hodge, Roanoke CountyAdministrator,
presented the following concerns regarding the status of implementation of
SB 5005:
(1)
The 2006 State budget is short $250 million, representing
payments that are owed to localities that bill personal
property taxes in the Spring, and a budget amendment needs
to be introduced that will add the money back to the budget.
The current promise to pay the Spring billers in July of
2006 is a one year promise at best as contained in the
appropriation language, not the legislation; and
localities are in danger of losing $10.5 million of
budgeted revenues annually.
At best, if it is simplya cash flow problem, there will be
a need to cover $10.5 million for up to a three month
period (April - June).
(2)
Localities will be required to adopt two or more tax rates each
year, and list each rate on the bill.
The computation to arrive at the "reduced rate" will
require estimation for the effect of pro-ration, which
will involve risk of over/under collection.
The "reduced rate" will increase every year, making it
appear that the local government is increasing the tax
rate.
Mr. Hodge advised that the legislation affects the on-going operation
of about one-third of the localities; the State wants to shift the
reimbursement of the personal property taxes to the localities some 60-75
days later, which could be as late as August of the next fiscal year,
rather than the current two to four day time period of the fiscal year;
there is the possibility of a cash flow lag and a locality could be in
technical default according to State law if the locality cannot make payments
from their reserves, thus having a negative impact on their bond rating.
347
In addition, he stated that if the tax dollars are not delivered, localities could end
their fiscal year with a deficit, which they cannot do legally; and another concern
is the actual computation of the tax rate that will be shown on the tax bill,
making calculations through assumptions (either over valuing or under valuing
personal property). He added that these computations and calculations will
necessitate a change in a Iocality's computer programs; in addition, calculations
would need to be made from year to year to anticipate what the tax rates would
be in order to supplement the caps set by the State.
He recommended that each locality include this critical issue in their
legislative agenda for review, and require the General Assembly to address the
matter by stating, in writing, what the legislature will do to address the problem.
Jesse A. Hall, Director of Finance, stated that House Bill :~174, which was
enacted last year, and effective July :~, 2005, deals with restructuring taxation on
the telecommunications industry. He noted that the intent of the legislation is to
establish a new method of taxation to replace taxes and fees which will be
repealed; i.e.: local consumer utility tax on consumers of local exchange and
wireless services, gross receipts tax in excess of 0.5 per cent, the Virginia Relay
Center Assessment, and state and local E-911taxes and fees; the new tax would
be imposed at a rate approximating the combined State and local sales tax rate
and the new 91! tax and fee would not exceed $0.75 per line; and the 2005
legislation would set forth a distribution methodology for these revenues so that
the State and local governments would receive at least as much revenues as they
received in fiscal year 2004. He stated that the Auditor of Public Accounts will be
required to determine revenues received by the Commonwealth and its localities
from taxes and fees during fiscal year 2004 and determine whether the intended
tax rates would be sufficient to replace revenues from the repealed taxes, and, if
reviews are not sufficient, the General Assembly will not proceed with
telecommunications tax restructuring legislation in the 2005 Session. In
addition, he advised that a joint subcommittee has been working with
representatives of industry and local governments to continue to develop
recommendations concerning the following: an authority or third party to receive
and disburse revenues to the State and individual local governments; a
distribution methodology for apportioning the revenues; and a centralized and
uniform method for auditing the revenues produced by taxes and fees. He noted
that the subcommittee will report its findings and recommendations to the
Chairs of the House and Senate Committees no later than November 15, 2004.
Mr. Hodge requested that area localities work together to address these
serious concerns with their legislators.
Mr. Strickland stated that the General Assembly should:
Address issues related to the PPTRA in the 2005 Session to
ensure that the Act will not place an undue burden on those
communities affected by the legislation.
348
Eliminate the distinction in taxing authority of Virginia's cities
and counties, namely counties should possess the same
authority as cities to levy taxes on tobacco products, lodging,
meals and admissions.
· Not limit or restrict existing local revenue sources.
· Continue to work on tax reform
COMMENTS BY LEGISLATORS:
Senator Edwards advised that there has been the greatest increase of
funding in the history of the Commonwealth of Virginia for public education
($1.5 billion) which was part of the Tax Reform Plan; the glitch of funding for
localities - $21 million affecting the Roanoke Valley and $250 million affecting
localities statewide; and the Governor is working on the matter and will submit a
plan to address concerns/mistakes. He expressed regret that the Regional
COmpetitiveness Program was not fixed this year inasmuch as there have been
three years of short falls; some positive actions have been taken such as the
increase in the personal exemption, and about 140,000 people will no longer
have to file a tax return.
He further stated that the six-year transportation plan was cut by 28 per
cent over the past two years; there are two ways to solve the transportation
problem - tolls or taxes (gas tax); tolls on cars would not work and would not be
supported in the General Assembly, and tolls on trucks would be problematic.
He added that revenues from the gas tax are inadequate; there is a proposal of a
tax increase of $.03 per gallon of gas at the pump, and that amount plus the five
and one-half per cent tax at the wholesale level, would raise about $1.6 billion.
He stated that last year, the sales tax issue was resolved, and the tax reform plan
helped to resolve certain other problems; it is hoped that legislators will address
the transportation problem during the upcoming session of the General
Assembly, and the matter should be handled on a statewide basis, rather than on
a regional basis. He noted that the problem with Interstate 81 (I-81) is not cars,
but trucks, in particular the 70 per cent of long-haul trucks that pass through
the state; transferring long-haul freight to rail service would greatly improve the
situation; the cost of freight rail service could be offset bya surcharge on freight;
and on-time delivery problems could be addressed by improvements to train
infrastructure. He stated that the widening of lanes on 1-81 would not
completely solve the problem with trucks; and encouraged continued regional
development and cooperation.
Josh Myers, Aide to Delegate H. Morgan Griffith, stated that he would relate
the concerns expressed by the group to Delegate Griffith; and Delegate Griffith is
aware of tax relief issues and has offered his assistance to solve the problems.
He asked that additional information or concerns be forwarded to him.
349
Delegate Fralin, stated that he has enjoyed working with local
representatives; regionalism is important, future redistricting of representatives
will require localities to continue to work together regionally; and there have
been significant increases in funding for education. He noted that awork group
has been established to address the tax "glitch", and it is important that localities
be held harmless; and it was not the intent of the legislature to cause problems
or to penalize localities. He further noted that tax reform issues need to be
addressed; he is a member of a House Task Force special committee appointed
to study transportation issues, and it is hoped that a variety of solutions will be
proposed. He stated that Virginia is a donor state and he will work with Federal
legislators to ensure that Virginia receives its fair share of the Federal gas tax.
He advised that he was proud to represent the Roanoke area and requested that
local representatives contact him with regard to issues of concern.
Joseph McNamara, Chair, Roanoke County Board of Supervisors, stated that
the funding short fall is a big issue; localities need guarantees; it is important
that legislation be laid out in specific and exact terms, tax restructuring is
placing local politicians in a bad position; and localities need the full one per
cent sales tax increase option.
OTHER BUSINESS/ANNOUNCEMENTS:'
Mr. Strickland stated that the next Mayors and Chairs meeting will be held
on December 2, and Craig County has extended an invitation to host the Spring
meeting, with the date and location to be announced at a later date.
There being no further business, the meeting of Roanoke City Council was
adjourned at 1:45 p.m.
APPROVED
City Clerk
Beverly T. Fitzpatrick, Jr.
Vice-Mayor
350
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
October 18, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
October 18, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36762-070604 adopted by Council on
Tuesday, July 6, 2004.
PRESENT: Council Members Brenda L. McDaniel, BrianJ. Wishneff, M. Rupert
Cutler, Alfred T. Dowe,Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor
C. Nelson Harris ..................................................... 7.
ABSENT: None ................................................. 0.
The Mayor declared the existence of a quorum.
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 John W. Ott, Pastor,
Parkway Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
CITY CLERK-ACTS OF ACKNOWLEDGEMENT: Mr. Cutler offered the
following resolution:
(#36874-101804) A RESOLUTION paying tribute to Mary F. Parker for 30
years of dedicated service to the Mayor and Members of City Council and its
citizens as City Clerk of the City of Roanoke.
(For full text of resolution, see Resolution Book 69, Page 154.)
Mr. Cutler moved the adoption of Resolution No. 36874-101804. The
motion was seconded by Mr. Dowe and adopted by the following vote:
351
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
The Mayor presented a ceremonial copy of the above referenced resolution
to the City Clerk and a star statue in appreciation of her 30+ years of service to
the City of Roanoke.
ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY: Council Member
Cutler advised that on behalf of the City of Roanoke, he accepted an award which
was presented by the Virginia Municipal League at its Annual Conference on
Tuesday, October 5, 2004, in Alexandria, Virginia, in recognition of the City of
Roanoke's Southeast by Design project.
The Mayor recognized the efforts of the Reverend David Walton, Chair,
Southeast by Design project, and presented him with a star paper weight
containing the City of Roanoke's branding logo.
PROCLAMATIONS: The Mayor presented a proclamation to Earl B. Reynolds,
Jr., Deputy Executive Director, Roanoke Redevelopment and Housing Authority,
declaring the week of October 17-23, 2004, as Childhood Lead Poisoning
Prevention Week.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a proclamation
to Fire Chief James M. Grigsby, declaring Sunday, October 31,2004, as Change
Your Clock, Change Your Battery 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 three requests for
Closed Session.
MINUTES: Minutes of the regular meetings of Council held on Monday,
August 16, 2004, and Tuesday, September 7, 2004, were before the body.
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by Mr.
Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
352
COMMITTEES-CITY COUNCIL: 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, and to interview applicants for a vacancy on the Architectural Review
Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia(1950), as amended,
was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(IO), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY COUNCIL: A communication from Council Member Brian J. Wishneff
requesting that Council convene in aCIosed Meeting to discuss the performance
of the City Manager, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(:~950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of Council
MemberWishneffto convene in Closed Meeting as above described. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
COMMITTEES-HUMAN DEVELOPMENT-LIBRARIES: A report of the City Clerk
advising of the qualification of the following persons, was before Council.
353
Pam Kestner-Chappelear and Frank W. Feather for terms
ending September 30, 2006, and Corinne B. Gott and
Randy L. Leftwich for terms ending September 30, 2008,
as members of the Human Services Advisory Board; and
Lauren D. Saunders and Owen C. Schultz as members of
the Roanoke Public Library Board, for terms ending
June 30, 2007.
Mr. Fitzpatrick moved that the report of qualification be received and filed.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See page 362.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Bulletproof Vest Partnership Grant Act of 2001,
enacted by the 107'h United States Congress, provides funds to eligible law
enforcement agencies for the purchase of bulletproof vests; the grant program is
managed by the Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance and provides 50 per cent reimbursement for eligible vest
purchases; and on June 8, 2004, the City of Roanoke was awarded a multi-year
grant totaling $37,878.00 for bulletproof vests purchased jointly by the Roanoke
Police Department and the Sheriff's Office during fiscal year 2004-08.
The City Manager recommended that Council accept the Bulletproof Vest
Partnership Grant and that she be authorized to execute agreements related to
the grant, said agreements to be approved as to form by the City Attorney;
authorize the Director of Finance to establish a revenue estimate in the Grant
Fund in the amount of $37,878.00; appropriate $37,878.00 as follows and
establish corresponding revenue estimates in accounts to be established by the
Director of Finance in the Grant Fund:
354
Division
Police Department
Sheriff's Office
Account Name Object Code
Wearing Apparel 2064
Expendable Equipment 2035
Amount
$27,979.OO
9,900.00
Mr. Fitzpatrick offered the following ordinance:
(#36875-101804) AN ORDINANCE to appropriate funds for the Bulletproof
Vest Partnership Grant, amending and reordaining certain sections of the 2004-
2005 Grant Fund Appropriations, and dispensing with the second reading bytitle
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 155.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36875-101804. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members McDaniel, Wi.shneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris ................................................... 7.
NAYS: None .................................................. O.
Mr. Fitzpatrick offered the following resolution:
(#36876-101804) A RESOLUTION accepting the Bulletproof Vest
Partnership Grant made to the City by the Department of Justice, Office of Justice
Programs, and authorizing execution of any required documentation approved as
to form by the City Attorney.
(For full text of resolution, see Resolution Book No. 69, Page 156.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36876-101804. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: The City Manager
submitted acommunication advising that on July 1, 1985, the City began leasing
space in the Commonwealth Building, located at 210 Church Avenue, S.W.,
to the Commonwealth of Virginia, Department of General Services/Division of
Engineering and Buildings; the Department of General Services located several
departments of the Commonwealth on the ground, first and third floors of
the property; original lease term is 20 years and expires on June 30, 2005;
355
the Department of General Services (DGS) has requested an amendment to the
current Lease Agreement; and DGS wishes to amend the term of the current
agreement to extend the term by one year, which will change the expiration date
to June 30, 2006.
It was further advised that the Commonwealth of Virginia is currently
undergoing an analysis of property management functions; DGS is exploring a
more efficient manner in which to manage its assets and is considering a
different approach to providing the space needed for various agencies located in
the Roanoke Valley; DGS is exploring the option of consolidating many agencies
into one new facility; and extending the term of the lease agreement will permit
DGS time to plan and construct a new facility to further consolidate those
agencies located in the Commonwealth Building and throughout the Roanoke
Valley.
It explained that DGS currently pays $3.96 per square foot, plus operating
expenses; fiscal year 2003-2004 generated $329,257.26 in total revenue, which
is the equivalent of $10.51 per square foot; and the proposed amendment will
allow DGS to continue leasing space in the Commonwealth Building for an
additional year using the current rental rate, which is $3.96 per square foot, plus
operating expenses and capital maintenance charges.
The City Manager recommended that she be authorized to execute the
appropriate documents, to be approved as to form by the City Attorney, to
amend the Lease Agreement dated March 28, 1984, to extend the term of the
lease by one year for the Commonwealth Building, said proposed amendment to
be in accordance with provisions as set forth in the amendment.
Mr. Fitzpatrick offered the following ordinance:
(#36877-101804) AN ORDINANCE authorizing the City Manager to
execute an amendment to the Lease Agreement dated July 1, 1985, which term
expires June 30, 2005, between the City of Roanoke and the Commonwealth of
Virginia Department of General Services, to extend the term of the current lease
agreement by one year, with an expiration date of June 30, 2006, for office space
in the Commonwealth Building, located at 210 Church Avenue, upon certain
terms and conditions, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 157.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36877-101804. The
motion was seconded by Mr. Dowe.
Question was raised as to whether the Commonwealth of Virginia,
Department of General Services, is looking for a new facility to house certain
State agencies that are currently housed in the Commonwealth Building.
356
The City Manager responded that the City is not clear on their intentions;
however, the proposed Social Security Administration Building which has been
under discussion for some time and involves the consolidation of various
activities, some of which are consolidating State agencies into a single location,
plans to locate at the site of the new Social Security Office. Insofar as plans to
consolidate other offices, she stated that the City has received no information to
date, however, City staff will make the appropriate inquiries.
Council Member Lea advised that he is employed by the Virginia
Department of Corrections and manages the Audit Probation and Parole Office
which is located in the Commonwealth Building. Therefore, he inquired if he
should abstain from voting on the above referenced ordinance.
The City Attorney responded that there is no basis for a conflict of interest
under the Virginia Conflict of Interest Act.
Ordinance No. 36877-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
BUDGET-PARKING FACILITIES-BRIDGES: The City Manager submitted a
communication advising that Council awarded contracts on June 17, 2002, to
Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., for the three-year
Bridge Inspection Program, which could provide for inspection of parking
garages; each year is negotiated based on inspections for that year; Council
approved Amendment No. 2 on July 6, 2004, for Year 3 for the bridges and
overhead signs, however, four parking garages should also be inspected as part
of the program; Hayes, Seay, Mattern & Mattern, Inc., has agreed to inspect two
parking garages (Church Avenue and Williamson Road) at a cost of $15,850.00;
Mattern & Craig, Inc., has agreed to inspect two parking garages (Tower and
Market Square) at a cost of $8,600.00; and since costs for Amendments Nos. 3,
together with prior amendments, exceed 25 per cent of the original contract
amount for each contract, approval by Council is required.
It was further advised that funding is available in the following accounts:
$8,700.00
$7,150.00
$3,500.00
$5,100.00
Church Avenue Parking Garage - 007-540-8220-2050
Williamson Road Parking Garage - 007-540-8205-2050
Market Square Parking Garage - 007-540-8215-2050
Tower Parking Garage - 007-540-8225-2050
357
The City Manager recommended that she be authorized to execute
separate Amendments Nos. 3 for the above referenced additional engineering
services; i.e.: Amendment No. 3 with Hayes, Seay, Mattern & Mattern, Inc., in the
amount of $15,850.00 and Amendment No. 3 with Mattern & Craig, Inc., in the
amount of $8,600.00.
Mr. Dowe offered the following resolution:
(#36878-101804) A RESOLUTION authorizing the City Manager's issuance
and execution of Amendment No. 3 to the City's Three Year Bridge Inspection
Contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering
services to include the inspection of the Church Avenue and Williamson Road
parking garages.
(For full text of resolution, see Resolution Book 69, Page 158.)
Mr. Dowe moved the adoption of Resolution No. 36878-101804. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
Mr. Dowe offered the following resolution:
(#36879-101804) A RESOLUTION authorizing the City Manager's issuance
and execution of Amendment No. 3 to the City's Three Year Bridge Inspection
Contract with Mattern & Craig, Inc., for additional engineering services to include
the inspection of the Tower and Market Square parking garages.
(For full text of resolution, see Resolution Book No. 69, Page 159.)
Mr. Dowe moved the adoption of Resolution No. 36879-101804. The
motion was seconded by Mr. Fitzpatrick and adoptea by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
CITY ATTORNEY: NONE.
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES:
358
BUDGET-SCHOOLS: A report from the Roanoke City School Board
requesting appropriation of the following funds was before Council:
$724,530.00 for the Title I Winter program to provide remedial
reading, language arts and mathematics instruction for students
in targeted schools, said continuing program to be 100 per cent
reimbursed by Federal funds;
$12,500.00 for the Title I Even Start Family Literacy Grant to
provide staff and funding for parental and preschool workshops
for family literacy efforts at the preschool and adult education
levels, said continuing program to be 100 per cent reimbursed by
Federal funds;
$76,300.00 for the Title I School Improvement program at
Roanoke Academy for Mathematics and Science; the program will
aid the school division in its efforts to provide strategies to
increase student learning at Iow-performing schools, said
continuing program to be 100 per cent reimbursed by Federal
funds;
$8,946.00 for the 2004-05 Title II, Part A (formerly Class Size
Reduction Initiative and Eisenhower) to provide funds for the
placement of classroom teachers in grades one through three
throughout the school district to reduce class size and for
teacher and principal training, said continuing program to be 100
per cent reimbursed by Federal funds;
$19,854.00 for the 2005 Title III Grant to provide services to
students with limited English proficiency and to immigrant
children, said continuing program to be Federally funded on a
reimbursement basis;
$:160,803.00 for the 2004-2005 Governor's School program to
provide instruction in science and math to high school students,
said continuing program to be funded with State funds and
tuition collected from participating school districts;
$6,575.00 for the Roanoke Adolescent Health Partnership to
provide for medical services to Roanoke City Schools in
conjunction with the City of Roanoke Health Department and
Carilion Health Systems, said continuing program to be
reimbursed by donations from Carillon Health Systems;
$6,500.00 for the Homeless Assistance program to provide
instructional services to homeless students, said continuing
program to be reimbursed by Federal funds;
359
$52,000.00 for the purchase of school instructional technology
equipment, which will enable students in the elementary grades
to take the Standards of Learning (SOL) on line, said continuing
program to be reimbursed 100 per cent by State bond funds; and
$39,988.00 for the purchase of new scientific and graphing
calculators, to be used by middle and high school students to
implement the statewide Standards of Learning assessment
programs for Geometry in grades eight through ten, said new
program to be funded with Federal funds.
The Director of Finance submitted a report recommending that Council
concur in the requests of the School Board.
Mr. Dowe offered the following ordinance:
(#36880-101804) AN ORDINANCE to appropriate funding for various
grants and donations, amending and reordaining certain sections of the 2004-
2005 School Fund Appropriations and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 159.)
Mr. Dowe moved the adoption of Ordinance No. 36880-101804. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Mr. Dowe offered the
following resolution:
(#36881-101804) A RESOLUTION thanking the employees of the City of
Roanoke and expressing gratitude to the citizens of Roanoke for their
outstanding response to alleviate the devastation caused by flooding in the
aftermath of Hurricane Jeanne.
(For full text of resolution, see Resolution Book No. 69, Page 164.)
Mr. Dowe moved the adoption of Resolution No. 36881-101804. The
motion was seconded by Mr. Fitzpatrick.
360
Council Member Cutler advised that an expression of appreciation is also
in order for employees of the Western Virginia Water Authority.
Resolution No. 36881-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Reference was made to a recent comment by an adjuster representing the
National Flood Insurance Program regarding his assignment in the City of
Roanoke to process claims submitted by the City as a result of Hurricane Jeanne.
It was noted that the claims adjuster commended City staff and citizens on the
manner in which clean up efforts were addressed and the documentation of flood
damage through photographs that demonstrated the magnitude of the flood
event in the Roanoke area.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COMPLAINTS-DRUGS/SUBSTANCE ABUSE-SCHOOLS: Council Member Lea
expressed opposition to the proposed methadone clinic at Hershberger and Cove
Roads. He conveyed a concern that the company responsible for operation of the
methadone clinic has chosen to locate the treatment facility in an area that is
surrounded by schools and advised that if the company wishes to be accepted in
the Roanoke community, it should reconsider the proposed location. He added
that heroin, OxyContin and other opiate drugs are not heavily used in the
Roanoke area, therefore, the proposed methadone clinic is a business venture.
Even though legally the City cannot take any action to prevent the location of the
clinic at the proposed location, he asked that Council Members consider the
impact that the facility and its proposed location will have on the residents of the
Hershberger and Cove Roads area, and encouraged representatives of the
methadone clinic to meet with City representatives to clear up rumors and/or
misunderstandings in the community. He suggested that the methadone clinic
be explored from a regional perspective.
Council Member Dowe concurred in the remarks of Mr. Lea and stated that
it is hoped that Mr. Lea's remarks will lead to further discussion between City
representatives, methadone clinic representatives and the Hershberger/Cove
Roads neighborhood.
Council Member Wishneff also concurred in the remarks of Mr. Lea and
encouraged representatives of the proposed methadone clinic to engage in
further dialogue with City representatives with regard to other potential locations
for the facility.
361
The Mayor joined with his colleagues on Council in their sentiments
regarding the methadone clinic and advised that there will be continuing
dialogue on the issue. He reiterated that the City of Roanoke is legally prohibited
from taking any type of action that will prevent the facility from locating at the
Hershberger/Cove Roads site.
SPORTS ACTIVITIES: Council Member Dowe commended Roanoke's hockey
fans who have shown that they will support hockey in the Roanoke Valley
because professional sports, regardless of the venue, are important for the
economic development and vitality of the region.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
POLICE DEPARTMENT-TRAFFIC-ARMORY/STADIUM: Mr. Chris Craft, 1501
East Gate Avenue, N. E., called attention to motorists exceeding the speed limit
on King Street, N. E., and requested that the City enforce the speed limit and
erect the appropriate signage. He also requested that the City of Roanoke
continue to maintain Victory Stadium and encouraged the Stadium Study
Committee to vote in favor of renovating Victory Stadium.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
commended the City on its clean up efforts at Victory Stadium as a result of
Hurricane Jeanne. He stated that Victory Stadium has meant a lot to the citizens
of Roanoke, and to the economy of downtown Roanoke, and erection of the flood
wall is the answer to saving Victory Stadium. He spoke in support of the
proposal of Vice-Mayor Fitzpatrick regarding a downtown trolley system.
COMPLAINTS-HOUSING/AUTHORITY: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., referred to a recent visit by Dr. Mindy T. Fullilove, Professor of
Public Health, Columbia University, and author of the book entitled, t~ootShocl~,
How Tearing Up City Neighborhoods Hurts America and What We Can Do About
It. She stated that Dr. Fullilove's book describes root shock as a dramatic stress
reaction that people experience when their homes are disturbed by
redevelopment and details how Roanoke's destruction of northeast and most of
the Gainsboro neighborhood in order to build 1-581, the Civic Center and other
economic development projects continue to hurt the African-American
community. She expressed concern that Dr. Fullilove was not afforded the
appropriate recognition when she visited the City of Roanoke earlier this year.
The Mayor advised that a copy of Dr. Fullilove's book was provided to each
member of Council and if Dr. Fullilove returns to the community, a more
substantive meeting will be held.
362
The City Manager advised that during Dr. Fullilove's visit, City staff
arranged for tours of various neighborhoods and staff also participated in
various neighborhood activities.
DRUGS/SUBSTANCE ABUSE-BRIDGES-ARMORY/STADIUM: Ms. Evelyn D.
Bethel, 35 Patton Avenue, N. E., congratulated the City Clerk on 30 years of
service to the City of Roanoke. She commended Council Members Lea and
Wishneffon their efforts to save Victory Stadium and Council Member Lea on his
comments regarding the proposed methadone clinic on Hershberger Road. She
also spoke in regard to the briefing on the suggested signage for the Dr. Martin
Luther King, Jr., Bridge which will be held in the Council's Conference Room
following completion of agenda items and advised that it will be a disservice to
the community if the briefing is not held in the Council Chamber where it can be
televised.
CITY MANAGER COMMENTS:
PUBLIC WORKS: The City Manager called attention to leaf mulching which
is an alternative to raking or blowing leaves; however, if citizens choose to bag
or to participate in the City's loose leaf collection program, the schedule for leaf
collection will be posted on the City's website. She asked that citizens be aware
of how leaves can impact their safety.
CITY MANAGER: The City Manager commended Assistant City Manager for
Community Development Rolanda B. Russell and Assistant City Manager for
Operations George C. Snead,Jr., for their supervision of City activities while she
visited Roanoke's Sister City, Wonju, Korea, on October 5-16, 2004.
At 3:30 p.m. the Mayor declared the Council meeting in recess for one
Closed Session and a briefing by the City Manager.
BRIDGES: The Council meeting reconvened in the Council's Conference
Room at 4:15 p.m., for a briefing on signage for the Dr. Martin Luther King, Jr.,
Bridge, with all Members of the Council in attendance, Mayor Harris presiding.
Rolanda B. Russell, Assistant City Manager for Community Development,
advised that Council was previously provided with an update on the Dr. Martin
Luther King,Jr. Bridge and recommendations submitted by the Dr. Martin Luther
King,Jr. Committee. She stated that during the briefing, a question was raised in
regard to signage and medallions on the front of the First Street Bridge;
therefore, the purpose of the briefing was to obtain guidance from Council in
regard to the type of signage, location, size, etc. She presented two drawings
that were previously prepared by Hayes, Seay, Mattern and Mattern for review by
Council.
363
Discussion by Council:
There should be a grand entrance rather than a half girder that
spans the entire bridge, similar to China Town in San Francisco,
that would demonstrate the kind of dignity that characterized Dr.
King.
Small pedestals could be installed that would include various
facts about Dr. King's life.
· There should be an entrance to the bridge that mirrors each end
symmetrically - something that pulls the visitor in.
Audio features could be installed on each of the pedestals that
could start within 40 feet of Salem Avenue and span the entire
bridge.
· Brass or bronze plaques could be used to describe certain critical
points in Dr. King's life.
· Art students from Patrick Henry and William Fleming High Schools
could be invited to submit proposed designs for signage.
· Design of the bridge should be done in a cohesive manner.
The architect/artist should be encouraged to review the type of
design that would be appropriate for the era in which the First
Street Bridge was constructed.
Medallions should be installed on the front of the masonry wall,
with signage that could be seen when approaching the bridge
(For example: the sign that spans the border between Tennessee
and Virginia).
Signage should be ofatype of intricate fabrication or illuminated
to indicate that the bridge is a major and significant monument
in the City of Roanoke.
· Design alternatives should be suggested in addition to brick.
Ms. Russell advised that the Dr. Martin Luther King, Jr. Committee has
proposed a design that is somewhat understated, with two medallions to be
placed on a masonry pier at each end of the bridge. She stated that the
Committee will meet in November to discuss a Request for Proposal to design the
sculpture and the medallions, and the goal of the Council briefing was to receive
input from Council before the Committee proceeds too far in its assignment.
364
Following discussion, it was the consensus of Council that the medallions
proposed to be placed on the brick pillars at each end of the bridge would be
appropriate as long as the medallions are historically correct. City staff was
requested to prepare two to three conceptual renderings of signage that will
span the bridge.
The Council convened in Closed Session at 4:30 p.m., in the Council's
Conference Room.
At 5:50 p.m., the Council meeting reconvened in the City Council Chamber,
with all members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0
OATHS OF OFFICE-HOUSING/AUTHORITY: The Mayor advised that there
are vacancies on the Roanoke Redevelopment and Housing Authority created by
expiration of the terms of office of H. Victor Gilchrist and James W. Burks,Jr., on
August 31, 2004; whereupon, he opened the floor for nominations to fill the
vacancies.
Mr. Fitzpatrick placed in nomination the names of James A. Allen and
Mornique E. Smith.
There being no further nominations, Mr. Allen and Ms. Smith were
appointed as Commissioners of the Roanoke Redevelopment and Housing
Authority, for terms ending August 31, 2008, by the following vote:
FOR MR. ALLEN AND MS. SMITH: Council Members McDaniel, Wishneff,
Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ........................... 7.
OATHS OF OFFICE-ARCHITECHURAL REVIEW BOARD: The Mayor advised
that the four year term of office of Robert N. Richert a member of the
Architectural Review Board expired on October 1, 2004; whereupon, he opened
the floor for nominations to fill the vacancy.
365
The following names were placed in nomination: Robert N. Richert and
Lora Katz.
There being no further nominations, Mr. Richert was reappointed as a
member of the Architectural Review Board, for a term ending October 1, 2008,
by the following vote:
FOR MR. RICHERT: Council Members McDaniel, Cutler, Dowe, Fitzpatrick,
and Mayor Harris .................................................... 5.
FOR MS. KATZ: Council Members Lea and Wishneff: .................. 2.
At 5:55 p.m., the Mayor declared the Council meeting in recess until
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, October 18, 2004, the Council meeting
rec0nvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
C. Nelson Harris presiding.
PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff (arrived
late), M. Rupert Cutler, Alfred T. Dowe, Jr., BeverlyT. Fitzpatrick, Jr., Sherman P.
Lea and Mayor C. Nelson Harris ........................................ 7.
ABSENT: None ................................................. O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, October 18, 2004, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Diana M. Aesy that four tracts of land located on
Hollins Road and Georgia Avenue, N. E., identified as Official Tax Nos. 3061113,
3061114, 3061301, and 3061302, be rezoned from LM, Light Manufacturing
District, to CN, Neighborhood Commercial District, the matter was before the
body.
366
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 1, 2004 and Friday October 8, 2004.
The City Planning Commission submitted a written report advising that City
staff believes that CN, Commercial Neighborhood District, is an appropriate
rezoning for the subject parcels; the two existing structures are commercial in
their building design and uses historically; the petitioner is not proposing
changes of use for either structure; the rezoning will create conforming principal
permitted uses and increase the likelihood of reinvestment in the subject parcels;
permitted uses and development standards in the CN District ensure that future
uses will be of a scale and intensity that will be compatible with the surrounding
residential uses; neither site is developed in a consistent manner with design
principles outlined in V/sion 200J-202~, currently, the sites lack curbing on the
periphery of the parking lot and definitive curb cuts along Georgia Avenue; the
sites have minimal landscaping buffer; and future physical improvements, such
as adding curbing and a landscaping buffer, would create a desirable edge
between the subject parcels and the public right-of-way.
The City Planning Commission recommended that Council approve the
request for rezoning, given that the petition creates conforming uses and further
promotes potential revitalization of the subject parcels.
Mr. Dowe offered the following ordinance:
(#36882-101804) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 306, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City; and dispensing with the
second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 166.)
Mr. Dowe moved the adoption of Ordinance No. 36882-101804. The
motion was seconded by Mr. Fitzpatrick.
Ms. Diana M. Aesy, petitioner, appeared before Council in support of the
request.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36882-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea and
Mayor Harris ....................................................... 6.
NAYS: None .................................................... 0.
367
(Council Member Wishneff was not in the Council Chamber when the vote was
recorded.)
ZONING: Pursuant to Resolution No. 25523 adOpted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, October 18, 2004, at 7:00 p.m.~ or as soon thereafter as the matter may
be heard, on the request of Pheasant Ridge Real Estate Holdings, EEC., to
amend proffered conditions presently binding upon a tract of land located on
Pheasant Ridge Road, S. W., identified as Official Tax No. 5460124, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 1, 2004, and Friday October 8, 2004.
The City Planning Commission submitted awritten report advising that the
subject parcel is an 11.9 acre vacant tract of land located on Pheasant Ridge
Road (private); the subject parcel is one of seven parcels subdivided from a
49.23 acre parent tract, Official Tax No. 5460101; and Ordinance No. 36815
conditionally rezoned Official Tax No. 5460101 to C-1, Office District, in
February 1996, for the purpose of developing acontinuum care facility to include
a nursing home, congregate home for the elderly and multifamily units for the
elderly.
It was further advised that Ordinance No. 32815, adopted in February
1996, includes a proffered site plan showing the development of nine two-family
detached units and one medical care facility/clinic on a portion of the parent
tract, Official Tax No. 5460101; the petitioner requests amendment of the
proffered conditions in order to construct an approximately 96-unit multifamily,
independent living facility and two buildings that may be used for general and
professional offices, medical offices, and/or medical clinics; and the petitioner
intends to build the independent living facility first and the office building in
subsequent phases.
The City Planning Commission recommended that Council approve the
proposed amendment of proffered conditions, and advised that the proposed
amendment of proffers wilt result in an appropriate set of land uses and pattern
of buildings similar in scale, siting, and material as those that exist on other
portions of the development.
Mr. Dowe offered the following ordinance:
(#36883-101804) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned .C-1, Office District, and dispensing with
the second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 167.)
368
Mr. Dowe moved the adoption of Ordinance No. 36883-101804. The
motion was seconded by Mr. Fitzpatrick.
Hunter D. Smith, Spokesperson, Pheasant Ridge Real Estate Holdings,
EEC., appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36883-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler~ Dowe, Fitzpatrick, Lea, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 18, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on a request of CHS, Inc., that a portion of 22"d Street and
Yellow Mountain Road, S. E., adjacent to property identified as Official Tax No.
4060601, be permanently vacated, discontinued and closed, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 1, 2004, and Friday October 8, 2004.
The City Planning Commission submitted awritten report advising that the
petitioner requests vacation of a 4,992 square foot portion of unimproved right-
of-way adjoining the northeast side of Official Tax No. 4060601 at Yellow
Mountain Road and 22"~ Street, S. E.
The Planning Commission recommended that Council approve the request,
subject to certain conditions; and that the petitioner be charged $3.00 per
S~luare foot ($14,976.00) for the right-of-way, with closure of the right-of-way
to be contingent upon payment of the above referenced amount.
Mr. Fitzpatrick offered the following ordinance:
(#36884-101804) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke, Virginia, as
more particularly described hereinafter; and dispensing with the second reading
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 169.)
370
Mr. Dowe offered the following ordinance:
(#36885-101804) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 104, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City; and dispensing with the
second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 171.)
Mr. Dowe moved the adoption of Ordinance No. 36885-101804. The
motion was seconded by Mr. Fitzpatrick.
Robert B. Manetta, Attorney, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
Question was raised if parking could be made available in the proposed
parking garage for persons using the River's Edge Sports Complex during the
evening hours; whereupon, Mr. Marietta advised that the matter was discussed
during the initial rezoning, and further discussion could occur if such is deemed
appropriate by the City.
There being no further discussion by Council Members, Ordinance No.
36885-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
BRIDGES-GREENWAY SYSTEM-ISTEA: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday,
October 18, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to consideration of previously received applications for
Federal funds made available through the Virginia Department of Transportation
for transportation enhancement projects in Fiscal Year 2004-2005, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 8, 2004.
371
The City Manager submitted a communication advising that the Federal
Surface Transportation Program is in the process of Congressional
reauthorization, which is expected to continue funding for Transportation
Enhancement activities that strive to promote mobility, protection of the human
and natural environment, community preservation, sustainability, and livability;
traditionally, the program has been funded through a requirement that State
Departments of Transportation set aside ten per cent of their Surface
Transportation Program (STP) allocation each year for transportation
enhancement activities; activities include such things as facilities for pedestrians
and bicycles (such as greenways) and rehabilitation of historic transportation
buildings; and the Virginia Department of Transportation (VDOT) advertised
and held an applicant workshop on the TEA-21 enhancement program on
July 30, 2004, at which time citizens and public officials were offered the
opportunity to ask questions and to .learn about the program.
It was further advised that any group or individual may initiate projects;
however, Council and the Metropolitan Planning Organization must endorse
applications prior to submittal to VDOT by the applicant by November 1, 2004;
and two enhancement project applications have been received for the Roanoke
River Greenway and the Dr. Martin Luther King, Jr., Memorial Bridge
Enhancements.
It was explained that Council resolutions that would endorse project
applications require, according to VDOT, that the City of Roanoke agree to be
liable for a minimum of 20 per cent of the total cost for planning and design,
right-of-way and construction of the project, and if the City subsequently elects
to cancel a project, the City agrees to reimburse VDOT for the total amount of
any costs expended by VDOT through the date of cancellation of the project;
project funding summaries, including the proposed source of the local match, is
described in an attachment to the communication; an agreement to be executed
between the City of Roanoke and a project applicant will require the applicant to
be fully responsible for matching funds, and, if the project is canceled, the
agreement will require the applicant to reimburse the City for all amounts due to
VDOT.
The City Manager recommended that Council endorse, by separate
resolutions, project applications which are summarized in attachments to the
communication and agree to pay the respective percentages of the total cost for
each project; if the City elects to cancel the project, the City would reimburse
VDOT for the total amount of costs associated with any work completed on the
projects through the date of cancellation notice; authorize the City Manager to
execute City/State Agreements for project administration, subject to approval of
project applications by VDOT; and authorize the City Manager to execute a
legally binding agreement with project applicants, subject to approval of the
application by VDOT, that will require each applicant to be responsible for
matching funds, as well as all other obligations undertaken by the City by virtue
of the City/State Agreement.
372
Mr. Dowe offered the following resolution:
(#36886-101804) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project for the Roanoke River
Gree nway..
(For full text of resolution, see Resolution Book No. 69, Page 173.)
Mr. Dowe moved the adoption of Resolution No. 36886-101804. 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 public hearing. There being none, he declared the
public hearing closed.
The City Manager called attention to an application from the Virginia
Railway Passenger Station which was previously forwarded to the Commonwealth
Transportation Board and does not require further action by Council, and noted
that three applications will be submitted by the City. She stated that
representatives of the Virginia Railway Passenger Station have requested
$213,600.00, with a local match of $53,400.00, for total of $267,000.00 to be
used for stabilization of the structure, including repair of the roof.
Question was raised if the gift of the Passenger Railway Station by Norfolk
Southern to the Roanoke Valley Railway Historical Society constitutes a local
match; whereupon, the City Manager responded that she would raise the
question with the appropriate officials.
Vice-Mayor Fitzpatrick made the observation that two applications have
previously been submitted in the same amount by the Virginia Railway Passenger
Station and both applications were denied by the Commonwealth Transportation
Board. He stated that if the amount of funds to be requested were reduced,
there might be a greater chance of grant approval.
There being no further discussion by Council Members, Resolution No.
36886-101804 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
Mr. Dowe offered the following resolution:
(#36887-101804) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project for the Dr. Martin Luther
King, Jr., Memorial Bridge.
373
(For full text of resolution, see Resolution Book No. 69, Page 174.)
Mr. Dowe moved the adoption of Resolution No. 36887-101804. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
UNFINISHED BUSINESS:
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT
PLAN-WRABA: The City Planning Commission submitted a communication
advising that on August 16, 2004, Council held a public hearing and considered
adoption of the Williamson Road Area Plan, at which time Council voted to table
the matter until Monday, October 18, 2004, to allow for additional discussion
with members of the Williamson Road Area Business Association (WRABA), the
matter was before the body.
The Planning Commission advised that following Council's action, WRABA
appointed a committee to develop specific comments on the Plan; Planning staff
received a list of comments from the Committee on September 10, 2004; staff
met with Committee representatives on September 21, 2004, to discuss
comments and preliminary responses by staff; and Planning Staff carefully
reviewed all written and verbal comments and developed an itemized response,
which revisions were transmitted to Council and presented to WRABA and WRAF
leadership on or around October 1, 2004.
It was further advised that Planning staff met with WRABA representatives
on Monday, October 11,2004, at which time additional changes to the proposed
plan were agreed to regarding future use designations; the most notable change
identified at the October 11'h meeting was to broaden the scope and application
ofthe"Small and Medium Scale Commercial" designation on the Future Land Use
Plan; with this change, the "General Commercial" designation is no longer needed
and has been deleted; and additional wording changes were made as follows:
· (Page 14, Paragraph 1):
· (Page 15, Paragraph 4):
· (Page 44, Paragraph 1):
Rewording
Deleted the word "necessary"
Rewording
Vice-Mayor Fitzpatrick moved that the matter be removed from the table.
The motion was seconded by Mr. Dowe and unanimously adopted.
Mr. Cutler offered the following ordinance:
374
(#36888-101804) AN ORDINANCE approving the Williamson Road Area
Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to
include the Williamson Road Area Plan; and dispensing with the second reading
of this ordinance by title.
(For full text of ordinance, see Ordinance Book 69, Page 175.)
Mr. Cutler moved the adoption of Ordinance No. 36888-101804. The
motion was seconded by Mr. Fitzpatrick.
R. Brian Townsend, Director, Planning, Building and Development, advised
that following Council's public hearing on Monday, August 16, 2004, City staff
received substantive comments from the Williamson Road Area Business
Association and others and met with representatives of the organization on
September 21 and October 11, at which time final changes were made to the
draft plan. He reviewed the following amendments:
There is an amendment to the future land use plan providing for
small and medium scale commercial land use designation along
the entire length of the corridor along Williamson Road, except
for certain instances involving large car dealerships on the
southern end of the corridor.
There are now three land use categories, small and medium scale
commercial, large scale commercial designation did not change
and applies to large land uses such as car dealerships, Valley
View Mall and commercial sites of that size.
Wording on Page 14 of the Plan was revised to reflect changes to
certain street design language that was contained in the initial
draft of the Plan with regard to the relationship between bicycle
transportation and vehicular transportation along the Williamson
Road corridor. A similar change was made on Page 15 in regard
to the provision of parking.
· Graphics were added that more clearly define or illustrate the
intent of the Plan.
A change was made on Page 44 to the designation of the
Plantation and Liberty Roads intersection by removing the
reference to a small village center.
A change was made on Page 37, which is the description of small
and medium scale commercial, to reflect changes identified on
the future land use plan.
375
· Any reference to the definition of general commercial was
stricken from Page 37.
The Mayor inquired if there were persons who would like to speak in
connection with the Williamson Road Area Plan.
Warren Via, President, Williamson Road Area Business Association,
expressed appreciation for the opportunity to review the proposed changes to
the Plan. He stated that following several meetings with City staff, resolution
was reached; and WRABA believes that the Plan is now more representative of the
interests of residents and business persons in the area. He stated thatWRABA
looks forward to working with City staffon future zoning issues in theWilliamson
Road area and other joint efforts.
Linda B. Plunkett, Executive Director, Williamson Road Area Business
Association (WRABA), advised that at the public hearing on August 16, 2004,
WRABAwas asked to prepare specific suggested changes to the Williamson Road
Area Plan to reflect the position of neighborhood and business interests along
the corridor; and aWRABA committee was appointed to review the proposed Plan
and recommend specific changes.
She stated that principles that guide the proposed changes to the Plan are:
Williamson Road is regional - not local, and businesses along
Williamson Road serve primarily a regional market, not just
adjacent neighborhoods.
WRABA recognizes nodes of special development along
Williamson Road; WRABAwill work with the City to identify these
nodes and assist in developing them as models and anchors for
Williamson Roa~J development; and implementation tools may
include special zoning and financial incentives to developers and
businesses.
There should be few new commercial areas designated or zoned
in the planning area, unless there are special circumstances
requiring new commercial areas; and emphasis should be placed
on redevelopment of existing commercial areas, not development
of new areas.
There should be a new way of thinking about parking in the
Williamson Road area; there should be no reduction in thru-lanes
on Williamson Road; and WRABA supports parking along
Williamson Road in "sheltered", off- street parking areas.
376
There should be no designated bicycle lanes on Williamson Road;
it is recognized that bicyclists have the right to use Williamson
Road, but it is believed that bicycling on the street is too
dangerous; having bike lanes is an invitation to bikers and with
the current traffic and lane widths, it would be a potential
disaster; and the use of less traveled back streets and bike paths
is encouraged.
Ms. Plunkett advised that WRABA supports the Plan, as modified through
discussions with City staff; the Plan is a positive step toward improving business
and residential areas; and while there are still minor wording changes that
WRABAwould support, it is believed that the overall Plan represents the interests
of residents, businesses and others who are interested in the appropriate
development of the Williamson Road area.
Ed Armentrout, Chair of the committee appointed by WRABA to study the
Williamson Road Area Plan, reiterated the remarks of Ms. Plunkett and Mr. Via.
He advised that the motion of Council to defer action on the matter at its public
hearing on August 16 reassured representatives oftheWilliamson Road area that
Council and City staff were interested in receiving their input and continued
involvement, not only in the development but also in the implementation of the
Plan. He stated that City staff was responsive to the concerns expressed by
WRABA and listened to comments and responded in a professional manner and
when City staff disagreed, they explained the differences of opinion, all of which
led to athorough discussion about the future of Williamson Road. He expressed
concern that other local governments are not holding the line on commercial
rezoning by allowing businesses to be drawn off of Williamson Road and other
older commercial districts to new parts of the region. He stated that a primary
concern is that the Plan continues to leave vagaries about zoning and certain
other substantive issues, but even with those concerns, Council is encouraged to
adopt the Williamson Road Area Plan and move forward to the next step.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of bicycle
lanes on Williamson Road.
BilITanger, Director, Roanoke Business Group (RBG), advised that RBG has
reviewed changes to the Williamson Road Area Plan since it was presented to
Council on August 16; and while there have been improvements to the Plan, it is
still unacceptable to the Roanoke Business Group for the following reasons:
The Plan is presented as though it comes from input from
residents and businesses in the neighborhood, the
"stakeholders"; however, it is largely a Planning staff plan
imposed by the City on the neighborhood; numerous changes
have been requested by stakeholders, and while some have been
granted, many have been denied.
377
Examples of building placement and how trees might mask
utilities were to be part of the Plan; staff now wants to include
these items in the printed final plan; and the purpose of
illustrations or photos was to show the neighborhood how they
might look before the neighborhood and Council adopted the
Plan.
The village center concept was not requested by the
neighborhood and lacks sufficient research to include in the Plan
at this time; village centers should be developed one at a time
with great care and involvement from the community at all levels;
much attention should be given to the specific application at the
specific site which has not been done; the worst was proposed
for the intersection of Plantation and Liberty Roads which have
now been modified; RBG has not researched each proposed
village center site, but believes that the proposed center at
Courtland and Liberty Roads is a poorly chosen location and
recommends that the location be deleted from the Plan, or
relocated to the Villages at Lincoln which is a more appropriate
location.
The Plan continues to promote down zoning of C-2 to CN along
Williamson Road and RBG believes that the new zoning
designation should be CC, if limited to the choices given by the
Planning Department; RBG continues to believe that a new
"hybrid" zoning district category, incorporating the positive
elements of CN and CC would be superior to CN or CC as
currently proposed; the validity of the objections is best
illustrated by the fact that Planning staff has recognized that the
"nodes" need more flexibility than CN and therefore are
designated for "general commercial" (CC) rather than CN which
will help their chances of developing; and the need for flexibility
is even more critical for the areas between nodes.
The approach to parking in the Plan is still inadequate; the Plan
should include a stronger recommendation for small public
parking areas along Williamson Road; the City uses the term
"public access" parking which is unclear; RBG believes that some
of the parking should be "public" as in publicly owned; RBG is
also opposed to additional parallel parking or angled parking on
Williamson Road because the act of stopping to back into a
parking space on Williamson Road is an unnecessary and
undesirable risk and will further congest and constrict traffic on a
major thoroughfare; the Plan should also include substantial park
and ride parking areas along Williamson Road to better utilize the
bus lines and reduce the need for more parking downtown.
378
City Planners should move the issue of the Plantation Road
bottleneck forward so that it is on the Long Range Transportation
Plan "vision list".
Under "Strategic Initiatives, the Plan still reads, "The City of
Roanoke is installing a landscaped center median in the area to
improve the streetscape"; this should not be listed as though it
was a part of the Plan and, in addition, the landscaped median
has been completed.
For the above reasons, Mr. Tanger advised that the Roanoke Business
Group remains opposed to the Williamson Road Area Plan as presented. He
further referenced his letter to Council under date of August 11, 2004, for
additional detail.
Ben Burch, representing the Airlee Court Neighborhood Watch Association,
advised that the Neighborhood Association supports proposed changes to the
Williamson Road Area Plan.
Mr. Carl Cooper, 3160 Round Hill Avenue, N. W., spoke in support of the
Plan. While he does not agree with all of the changes that were proposed, he
stated that overall, the Plan represents a fair compromise and moves the City
forward toward creating world class neighborhoods, composed of businesses and
residents who live and work well together. He called attention to the City's
Comprehensive Plan which calls for promotion of village centers within the
Williamson Road area and advised that he was not sure that taking village centers
out of the Plan was the best way to move forward. He spoke in support of multi
model forms of transportation on Williamson Road and commended the City on
its efforts to ensure that everyone was heard. He stated that while the Plan is not
perfect, he would encourage adoption by Council inasmuch as the business
community is getting much of what was requested, but it should also be
considered that at the end of the day when businesses on Wiltiamson Road close,
there are still the residential neighborhoods behind Williamson Road where
families live and children play that should be considered.
A communication from Doug Trout, President, Williamson Road Action
Forum, advising that at a meeting of the Board of Directors on October 9, 2004,
the Board voted to endorse the Williamson Road Neighborhood Plan which
establishes a credible and useful framework for future development of the
Williamson Road corridor. He stated that the Plan addresses some of the most
persistent concerns of neighborhood residents, while taking a broad view of
Williamson Road's assets and sets out a comprehensive strategy for using those
assets to achieve the full potential of the neighborhood.
379
He noted that the Plan lists the following high priority themes:
· Creates a network of unique and identifiable places,
· Changes land use patterns to respond to emerging
commercial development patterns,
· Improves the appearance and function of streets, and
· Improves the design of new buildings and sites.
Members of Council commended businesses and residents of the
Williamson Road area and City staff for working together to prepare a Plan that
will serve the Williamson Road neighborhood well.
Question was raised with regard to bicycle lanes in the proposed Plan;
whereupon, Mr. Townsend referred to Page 28 which identifies bikeway trails
through the neighborhood. He clarified that the Plan does not state that bicycles
are not welcome on Williamson Road, but does indicate that there are a number
of other alternatives that can make the street safe for bicyclists and pedestrians,
short of designated bicycle lanes, and the intent is to provide the bicycle rider
with options in terms of whether they are a recreational bicyclist versus a
commuter or commercial bicyclist. Therefore, he stated that the Plan is designed
to provide numerous means by which persons who are not traveling by car can
traverse the neighborhood.
Other discussion pertained to the potential undergrounding of utilities;
whereupon, Mr. Townsend referred to Page 30 of the Plan and advised that
presentations by representatives of American Electric Power (AEP)were made at a
meeting of the Williamson Road Area Business Association in which AEP reviewed
examples of costs associated with retroactively undergrounding utilities; and
planning for the relocation of utilities remains a priority for the neighborhood
and for the Williamson Road Area Business Association; however, it is understood
in the short term, absent a change in funding policy through AEP or some other
mechanism, that the relocation of utilities is a combination of overhead utilities
in order to lessen the cost. He noted that the undergrounding concept has not
been abandoned.
Question was raised as to how other localities achieve undergrounding of
utilities; whereupon, Mr. Townsend advised that the primary method is through
the reconstruction of streets, and the undergrounding of utilities in the City of
Roanoke would occur in the event of a new subdivision.
There being no further discussion, Ordinance No. 36888-10:[804 was
adopted by the following vote:
380
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
OTHER BUSINESS:
CITY CODE-TAXES: A communication from the City Manager advising that
in 1981, the City of Roanoke established a program allowing tax exemptions for
the rehabilitation of residential, commercial, and industrial real property;
applications from approximately 650 property owners have been received since
that time; goals of the program are to encourage the renovation of real property,
to revitalize aging and deteriorating structures, and to improve the conditions of
the City's neighborhoods; revisions to the program were made in 2000; from that
time through today, the City has seen a steady increase in the "before" and
"after" assessed values of properties that have entered the program; in the year
2000, the average value of the residential properties prior to rehabilitation was
$24,565.00, by the end of 2003, the figure had increased to $39,312.00; and the
average assessed value of residential properties after rehabilitation has risen
from $64,913.00 in 2000 to $105,960.00 in 2004.
It was further advised that over the past several months, there has been a
reviewofthe City's current eligibility requirements for the program, the intent of
which was to develop recommendations to modify requirements by which a
property owner can participate in the program; and on September 7, 2004,
Council was briefed by the Director of Real Estate Valuation on the proposed
changes for participation, which include the following recommendations:
Establish a cap on the assessed value of residential real property,
prior to rehabilitation, of no more than $200,000.00; currently,
no cap exists;
Eliminate the restrictions on increased square footage on
residential real property; currently, total square footage must not
be increased by more than 15 per cent;
Revise the restrictions on increased square footage on
commercial and industrial real property such that total square
footage of the structure cannot be increased by more than 100
per cent; currently, total square footage must not be increased by
more than 15 per cent;
Increase the application fee when a change in use will result in
additional tax parcel numbers being created to $50.00 for each
additional tax map number created; currently, the application fee
is $50.00 for each property;
381
For multi - use properties, require the residential portion to meet
the eligibility requirements for commercial or industrial real
property; currently, any property, the use of which is partially
residential and partially commercial or industrial, is treated in its
entirety for purposes of this division;
For a residential structure with an assessed value below
$5,000.00, allow an exemption if the structure is demolished,
provided that the replacement structure is a single-family
residence with an assessed value of at least 120 per cent of the
median value of other dwelling units in the neighborhood; the
exemption shall not apply, however, when any structure
demolished is a registered Virginia landmark, or is determined by
the Department of Historic Resources to contribute to the
significance of a registered historic district; currently, an
exemption shall not apply when any existing structure is
demolished or razed and a replacement structure is constructed;
and
It was discovered after the September 7 Council briefing that the
current program shall terminate on July 1, 2005, unless
reenacted; an additional recommendation is to extend the
expiration date to July 1, 2010; the proposal to extend the date
five years will allow the City the opportunity to monitor and
assess whether program goals continue to be met as a result of
the proposed changes.
The City Manager recommended that Council adopt an ordinance amending
the eligibility requirements for tax exemption based on the above referenced
recommendations.
Mr. Fitzpatrick offered the following ordinance:
"An ORDINANCE amending and reordaining Division 5. Exemption of
Certain Rehabilitated Property, consisting of §§32-93 through 32-101, of
Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by
amending the eligibility requirements for tax exemption pursuant to this
Division; establishing a cap on assessed value of residential real property prior to
rehabilitation; eliminating the restrictions on increased square footage on
residential, commercial and industrial real property; increasing the application
fee when a change in use will result in additional tax parcel numbers being
created; making certain other changes to the City's tax exemption program for
rehabilitated real property; and dispensing with the second reading by title
paragraph of this ordinance."
Mr. Fitzpatrick moved the adoption of the ordinance. The motion was
seconded by Mr. Dowe.
382
A communication from the Director of Real Estate Valuation,
recommending a further amendment to the guidelines, was also before the
Council.
(For full text, see communication on file in the City Clerk's Office.)
Upon question, the City Manager advised that a survey of other cities
comparable in size to the City of Roanoke through the Virginia First Cities
Coalition (those cities with a population of 50,000 persons and over) revealed no
cap on the assessed value of residential real property prior to rehabilitation.
There was discussion in regard to the feasibility of imposing a cap;
whereupon, the City Manager called attention to two issues; i.e.: other
communities designate specific neighborhoods for the program which are mainly
depressed neighborhoods, and the City of Roanoke administers a City wide
program. Secondly, she stated that other communities have retained the 15 per
cent increase that the City of Roanoke is recommending to be eliminated on the
amount of improvement square footage. She explained that under the current
ordinance, there is no cap, but there is a restriction which provides that total
square footage of the property may not be increased by more than 15 per cent,
therefore, by enacting the 15 per cent cap, there is the same or a similar impact
as if the total dollar value were capped. She called attention to the
recommendation to eliminate the total square footage increase, and advised that
to some extent one activity is being offset for the other. In the case of
commercial and industrial property which currently has a 15 per cent square
footage increase, the revised language currently before the Council would
provide that square footage of the structure not increase more than 100 per
cent, which is 85 per cent more than the City is currently offering. She advised
that the program was originally structured as a way to bring monies into
depressed areas of a community.
The Director of Real Estate Valuation advised that in reaching a consensus
on where to draw the cap and in order to stay within the intent and goals of the
program, the Committee that was appointed to study the program discovered
that seven per cent of housing stock in the City of Roanoke falls in the category
of over $200,000.00 and 20 per cent of housing values are $250,000.00 and
above. Therefore, she stated that the Committee was of the opinion that those
property owners would make the necessary improvements without the benefit of
the rehab program.
Council Member Wishneff made the observation that those are the
neighborhoods that the City should protect because that 20 per cent represents
the financial foundation of the entire City of Roanoke. He referred to the
Housing Strategic Plan which is currently underway by K. W. Poore and Associates
and Development Strategies, Inc., and advised that any changes to the rehab
program should be held in abeyance pending receipt of the recommendations by
the consultants.
383
Following further discussion, Ms. McDaniel moved that action on the
ordinance be tabled pending receipt of the overall housing strategy study. The
motion was seconded by Mr. Wishneff.
The City Manager called attention to two issues which, with the
concurrence of Council, are requested for action and are not directly related to
the housing issue; i.e.: changes in commercial/industrial and multi - use
properties, two of which are currently pending that involve two or more uses that
are intended for a single structure. She stated that tabling the ordinance until
the Housing Strategic Plan has been completed would create a disadvantage with
regard to those specific properties since the time line for the Housing Strategic
Plan calls for presentation to the Council in January 2005.
Following further discussion, it was the unanimous consensus of the
Council to table the ordinance until the next regular meeting of Council on
Monday, November ~., 2004, at which time Council will consider a revised
ordinance pertaining to commercial/industrial and multi-use property.
It was the further consensus of the Council that the remainder of proposed
revisions to the property rehabilitation program will be held in abeyance pending
receipt of the Housing Strategic Plan.
HEARING OF CITIZENS UPON PUBLIC MA'I-fERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
ARMORY/STADIUM-VALLEY VIEW MALL: Mr. Chris Craft, 1501 East Gate
Avenue, N. E., spoke in support of appointing a representative to the Stadium
Study Committee who is 30 years of age or younger. He inquired about the
condition of the dr~:inage system at Victory Stadium. He also .inquired about
construction of the bridge at Valley View Mall to 1-581 which has not been
completed and suggested that the funds that were previously allocated for the
new stadium/amphitheater at Orange Avenue and Williamson Road be used to
complete the Valley View Bridge.
POLICE DEPARTMENT-ANIMALS/INSECTS: Mr. Joe Schupp, 2323 South
Jefferson Street, a former member of the Wildlife Task Force, spoke with regard
to implementation of an archery program to address the City's deer over
population problem. He advised that a recommendation of the Task Force
included implementation of an urban archery program using volunteer trained
archery hunters to remove excess deer and a sharp shooting program through
the Police Department to complement the archery program. He spoke in support
of the sharp shooting program which was implemented, but expressed concern
that the urban archery program was not implemented, and advised that one
component will not work without the other.
384
COMPLAINTS-REFUSE COLLECTION-HOUSING/AUTHORITY: Mr. Robert
Gravely, 729 Loudon Avenue, N. W., spoke with regard to housing needs in the
City of Roanoke. He called attention to unsightly litter on Roanoke's streets and
referred specifically to Orange Avenue, Williamson Road, Liberty Road and 10'h
Street.
POLICE DEPARTMENT-TRANSPORTATION SAFETY-BICYCLISTS: Mr. Rick
Williams, 3725 Sunrise Avenue, N. W., spoke in support of the geographic
policing program in theWilliamson Road area. He expressed concern with regard
to speeding on Williamson Road and advised that Roanoke's judicial system does
not take seriously the situation of a motorist driving 60 miles per hour in a 3S
miles per hour zone. When addressing accommodations for bicyclists, he
suggested that bicyclists be consulted with regard to their needs and that the
City not rely solely on the advice of those persons who believe they know what is
necessary in terms of making streets safe and accommodating for bicyclists.
There being no further business, the Mayor declared the meeting
adjourned at 8:45 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
385
ROANOKE CITY COUNCIL
November 1, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 1, 2004, at 9:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 36762-070604. adopted by the Council on Tuesday,
July 6, 2004.
COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Alfred T. Dowe,Jr., Beverly
T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and
Mayor C. Nelson Harris ............................................... 7.
ABSENT: None .................................................. O.
The Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Gloria P. Manns, Alvin L.
Nash, Courtney A. Penn, Robert J. Sparrow, David B. Trinkle, , and Kathy G.
Stockburger, Chair ................................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
Representing the Roanoke City Public Schools: Doris N. Ennis, Acting
Superintendent; Cindy H. Lee, Clerk to the School Board; Timothy R. Spencer,
Assistant City Attorney; R. Kaye Pleasants, Assistant Superintendent for
Operations; Richard L. Kelley, Assistant Superintendent for Operations; Kenneth
F. Mundy, Jr., Executive Director for Fiscal Services; and Dr. Lou Talbutt,
Executive Director for Student Support Services.
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(iO), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
386
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................. --7.
NAYS:None ................................................... 0.
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request to convene in a
closed session as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
SCHOOLS: The Mayor announced that 45 - 60 minutes would be devoted to
meeting with the search consultant who was employed by the School Board to
recruit applicants for a new School Superintendent in order to review the process
and to respond to questions by Council. As a time saving measure, he advised
that written information was previously provided by the School Board in response
to various agenda items; i.e.: school safety-discipline, drug dog searches,
expanding alternative education, Adolescent Uplift, New Beginnings, Maternal
and Infant Education Center, middle school after school programs.
On behalf of the School Board, Chairperson Stockburger expressed
appreciation for the opportunity to meet with Council on various school-related
issues.
School Safety and Discipline:
The Acting Superintendent advised that a workshop was held consisting of
approximately 80 participants from Roanoke City Schools on de-escalation
training, which will have an impact on proactively diffusing difficult situations in
the schools before they get out of hand. She stated that the approximately 80
educators who attended the de-escalation training are in the process of
networking strategies to various schools.
Dr. Talbutt announced that cameras have been installed at William Fleming
High School and William Ruffner Middle School and should be installed at
Addison Aerospace Middle School before the Thanksgiving break. She called
attention to a positive evaluation from the group that conducted the de-
escalation training, with over 90 per cent of participants rating the training as
worthwhile and needed within Roanoke City Public Schools.
387
Ms. Ennis advised that the number of complaints have decreased compared
to last year, lines of communication are open with the School Board, and
concerns expressed by parents are properly and timely investigated.
Council Member Cutler inquired if there is live monitoring by school
cameras; whereupon, Dr. Talbutt advised that 32 cameras have been installed in
the schools to date, live monitoring is not done throughout the school day, but
video tapes are made in the event that there is a incident that needs to be viewed
by the principal.
Ms. Ennis advised that administrators are trained to know where the "hot
spots" are located in the schools and the time of day that monitoring is
necessary; cameras are strategically placed based upon the principal's knowledge
of the school building; during the changing of classes, teachers are assigned to
supervise certain areas, and there are times when the administration cannot be
physically present, but they can monitor certain areas. Dr. Talbutt added that at
key times, principals assign security staff to monitor various situations.
Council Member Lea inquired, under the umbrella of school safety and
discipline, if the School Board previously stated its opinion with regard to the
proposed methadone clinic on Hershberger Road; whereupon, the Chair advised
that the School Board stated its opposition to the proposed location in a letter
from Superintendent Harris approximately one year ago. She stated that a copy
of the communication would be provided to the Members of Council.
Adolescent Uplift Program:
Adolescent Uplift is an intervention program designed to meet the needs of
over-age middle school students who are at least one grade level behind their
peer age group. The program can accommodate up to 70 students and is held at
Breckinridge Middle School between the hours of 2:00 p.m. and 6:00 p.m.
Currently 65 students are enrolled and transportation is provided to and from
the student's heme. Instruction is provided in four core content areas- English,
social studies, science and mathematics. Reading is a primary focus of the
program because many of the students have limited reading skills. Students
receive concentrated instruction from reading teachers. Students who are age-
eligible are given assistance in obtaining employment before and after school
hours. Driver education takes place after the instructional day to provide
students the opportunity to obtain a driver's license.
Council Member Wishneff noted that students attend school from 2:00 to
6:00 pm., and inquired if they attend their regular school prior to 2:00 p.m. Dr.
Talbutt advised that students do not attend regular school during the morning
hours; the program has grown to include approximately 70 students; students
are encouraged to work and to volunteer their time and they are motivated by the
opportunity to get their driver's license; and counseling is provided to students
who are monitored by Adolescent Uplift staff in their transition to high school.
388
The Acting Superintendent added that the ultimate goal is to increase the
graduation rate and to decrease the dropout rate; the Adolescent Uplift program
is intended to address those students who normally would not graduate from
high school, some of whom may be suffering from a self esteem problem and
many are at an age where they have part time jobs that keep them connected to
school. She called attention to t'he Technical Academy at the Roanoke Higher
Education Center which is another alternative education program that targets a
group of students who have lost interest in the traditional larger high school
setting and may perform better in the smaller setting.
Maternal and Infant Education Center:
Students enrolled for 2004-2005 have been mainstreamed with Noel C.
Taylor Learning Academy students to enhance their access to the wider variety of
academic offerings needed in order to earn a standard diploma. Students attend
classes with Noel C. Taylor students and childcare and parenting classes are
provided to these students.
Ms. Ennis advised that female students who participate in the program
score higher on their SOL's than the average student due to certain specialized
instruction.
Council Member Cutler inquired as to the percentage of female students
who attend sex education classes; whereupon, Ms. Ennis called attention to
family life education which is taught in physical education classes. Dr. Talbutt
stated that students attending the Maternal and Infant Education Center
participate in parenting classes and the Center also provides day care for their
children; and teenage pregnancy is a valley wide issue and a community wide
concern, although the pregnancy rate has decreased. Ms. Ennis stated that a
parenting skills class is also interfaced with personal care for students who are
pregnant, both before and following delivery of the baby, and although classes
are not taught specifically, consultants are engaged to address the
responsibilities of motherhood, etc.
The City Manager advised that the lack of self esteem is one of the major
causes of teenage pregnancy and the school system is constantly called upon to
look at programs that help to build self esteem, which will lead to the greatest
successes in school programs.
Druq doq searches:
Drug dog searches are coordinated between the School Resource Officers
and the Police Department. All middle and high schools will continue to conduct
a minimum of two drug dog searches (one per semester) per school year. The
date and times are not pre-announced, but several have already been scheduled
for this school year.
389
New Leadership:
The Chair advised that James R. Oglesby, Ph.D., representing the firm of
Ray and Associates, has been retained by the School Board to lead the search for
the new School Superintendent. She stated that the School Board is confident
that their efforts Will help to attract highly qualified candidates, culminating in
securing the best person for an extremely critical position.
Expandinq alternative education:
The Noel C. Taylor Learning Academy is the District's alternative education
school. Enrollment data for the various programs offered at the Academy was
provided indicating an overall total of 196 students.
New Beqinninqs Program:
New Beginnings is a program modeled after the Adolescent Uplift program
and provides more focused support and assistance to students who are not
functioning well in the traditional high school setting. The program is conducted
at the Noel C. Taylor Learning Academy. Smaller classes, individualized
instruction and flexible time schedules allow the students electing to participate
in the New Beginnings program to optimize their credits. The goal is to meet the
students' needs so that at some point in the future they can return to the
traditional high school setting. Students are selected for the program based on
the following criteria--behind in credits, habitual offenders of the school code of
conduct, or lack of success because of poor attendance.
There was discussion with regard to programs that are geared to address
students who are habitually tardy for class; whereupon, the Acting
Superintendent advised that Campus Roundup is enforced. She stated that the
seven period schedule at the high school level has helped in connection with the
supervision of students by getting them to class on time and providing time in
the daily schedule of teachers to supervise the cafeteria and hallways, etc.
Therefore, she added that the seven period school day has not only helped
students to participate in more electives and to graduate, but has enhanced the
safety and supervision of students.
School uniforms:
Council Member Lea inquired as to the status and legality of school
uniforms; whereupon, the Chair called attention to discussions regarding
implementation of a pilot program and staff has been requested to research legal
ramifications, if any.
390
Mr. Spencer called attention to two basic approaches on how a school
system or public school may conduct a school uniform program; i.e.: avoluntary
program such as the City of Richmond administers through its technical school;
and an opt out option for religious or other concerns in order to give parents a
choice even if the program is mandatory so as not to inhibit religious or political
speech. He stated that the programs administered by the Cities of Richmond and
Norfolk will be reviewed which will help Roanoke's School Board to make an
informed and reasonable decision.
Council Member Lea commended the work that has been done to date and
noted that school uniforms have been implemented throughout the country. He
inquired about the type of uniforms that are worn at the Noel C. Taylor Learning
Academy; whereupon, Ms. Ennis advised that students were encouraged to
provide input into the type of uniform to be worn which culminated in an
agreement that khaki pants and tee shirts representing individual school colors
would be the uniform of choice. She called attention to the importance of
involving students to ensure buy in at that level.
The Chair stated that there should be a measured response to avoid the
possibility of law suits.
It was noted that the School Board is looking at more than just the issue of
school uniforms, but the over all dress code.
Council Member McDaniel inquired about the teacher turn over rate;
whereupon, it was advised that the turn over rate is approximately ten per cent
per year.
Superintendent search process:
Council Member Dowe commended the School Board on actions taken to
date which are sending a definitive and positive message to Roanoke's citizens.
He stated that it is hoped that any concerns that exist within the general
populace will be alleviated without any structured or drastic measures.
Council Member Lea commended the School Board and the administration
on the manner in which the naming of the Roanoke Academy of Mathematics and
Science was addressed, which allowed the school to maintain its identity while
recognizing certain key individuals within the community.
Mr. Nash inquired about the "buddy system" that was previously initiated
by Council and the School Board; whereupon, the Mayor advised that the "buddy
system" was established in an effort to pair up a Member of Council with a
Member of the School Board as a relationship building and information sharing
technique. He stated that the business of the schools is moving along in good
order at the present time without having to reconstruct the "buddy system";
391
he, along with the City Manager, the Acting Superintendent of Schools, and the
School Board Chair meet on a monthly basis to share issues of mutual interest
and concern; his role as Mayor is to stress and to facilitate relationship building
and as a result of this approach, there is an exchange of information by both
bodies that appears to be working.
Vice-Mayor Fitzpatrick called attention to an improved working
relationship between the Council the School Board; by participating in monthly
meetings of City and School officials, there is an opportunity to discuss various
issues of concern, therefore, there is no need for any more structure than is
currently in place. He stated that he would feel comfortable in calling a member
of the School Board for information if necessary and it would be hoped that the
School Board would feel comfortable in calling the Members of Council for
information.
Council Member Wishneffexpressed appreciation to Ms. Ennis for serving
as Acting Superintendent of Schools until the position is filled on a permanent
basis.
Council Member Cutler advised that there has been a positive change in
the relationship between City Council .and the School Board over the past few
months; and rather than the two bodies operating as two distinct groups with
different agendas, the Council and the School Board now operate as a team.
Mayor Harris stated that there is now a level of confidence in Roanoke City
Public Schools, and the message that City Council and the School Board would
like to send to the citizens of Roanoke is that concerns which were previously
expressed regarding school safety have been seriously considered by the School
Board, the School Board has responded through expanded alternative education
programs, by continuing to review the issue of school uniforms, and a change in
school administrative leadership. He stated that the Members of Council are
pleased with the progress that has been made to date which is a tribute to the
leadership of.the School Board, the Acting Superintendent and others, and
Council will continue to work with the School Board since the success of the City
of Roanoke depends upon the success of its school system.
Mr. Lindsey introduced Dr. James R. Oglesby and Dr. Phil Newman,
representing Ray and Associates.
Dr. Oglesby expressed the appreciation of Ray and Associates to have been
selected to conduct the School Superintendent search for the City of Roanoke and
advised that a joint meeting of City Council and the School Board was agoodway
to start the process. He reviewed his credentials and past experience.
392
He advised that:
Ray and Associates will serve as consultants to the Roanoke
City School Board and will conduct the superintendent search
process in a manner that is consistent with directions of the
School Board.
A profile will be developed using a set of 32 criteria which has
been modified and consistently used for a number of years.
A survey will be completed by interested persons in which
they will identify the top ten of the 32 characteristics that
Roanoke's School Superintendent should possess.
A compilation of characteristics will be provided to the School
Board which will assist the School Board in identifying the
characteristics to be included in the advertisement for
applications, along with information describing the Roanoke
community.
All applications will be forwarded to Ray and Associates in
order to maintain the confidentiality of the applicants.
All applicants will be measured against the established
criteria/characteristics that are developed; information on all
applicants will be provided to the School Board, as well as
recommendations by the consultant on those applicants who
should be considered by the Board.
An in house contact person will be designated by the School
Board to work with the search firm.
Community wide forums and individual group meetings will be
conducted to collect information from alt segments of the
community to ensure that diversity is a component of the
search process.
The time line established by the School Board provides for the
new superintendent to be selected by the end of February
2005 and to assume the position by July 1, 2005, which will
allow the successful candidate to be involved in planning for
the next school year;
393
The time line includes several significant dates; i.e.:
community meetings to discuss the profile, the date that the
search process closes, a review by the School Board of
credentials of those individuals who are recommended by the
search consultant, interview process design, formal interviews
to evaluate the credentials of all applicants, and a list of
questions will be provided to the School Board to be asked of
all candidates in order to fairly compare credentials.
The search consultant will provide the School Board with a list
of recommended candidates for background checks.
The search consultant will meet with the School Board to
discuss a salary package to be included as a part of the
advertisement for the position which will be consistent with
the quality of individual desired for the position.
The position will be widely advertised in such publications as
American Association of School Administrators, Education
Week, the State School Board Association, the National School
Board Association, and appropriate executive registries.
It should be clarified in the beginning of the process if the
City wishes to have traditional or non-traditional candidates in
the applicant pool; i.e.: traditional candidates are those
persons who have taught in the schools in grades K - 12 ,
have served as principal or assistant principal, have worked in
the central office, or have served as a superintendent in
another locality, and whether a PhD or some other tYpe of
degree will be a requirement.
The School Board and the search consultant have not reached
a decision on the proposed salary, although it is anticipated to
be in the range of $145,000~00 and $150,000.00, and the
benefits package should be consistent with what has been
offered to previous superintendents, or consistent with the
salary offered to other superintendents within the district.
Interviews will be held
understanding that the
protected.
within the community with the
identity of the applicants will be
There was discussion with regard to filling acting positions within the
school system before the new Superintendent is hired; whereupon, the Chair
advised that acting positions will not be filled until the new Superintendent is in
office.
394
Dr. Oglesby advised that the search consultant would like to meet
individually with the Members of Council on November 10 and 11, or November
8 and 9 (alternate dates) at a location to be later announced to discuss the top
ten of the 32 characteristics for selecting a new Superintendent, and to discuss
significant issues of concern to the Members of Council. He stated that meetings
will also be held with various civic and community representatives.
Dr. Oglesby stated that the quality of education in a community determines
whether new business and industry will locate in the area; the quality of
education is often the key to making many things happen in the community, and
if the search consultant does a thorough job of developing a profile, collecting
information from the community and evaluating candidates, there will be agood
mix. He stressed the importance of positive publicity and asked that any issue
that might impact the search process be provided to the search consultant.
Mayor Harris expressed appreciation to Dr. Oglesby for his presentation
and advised that Council Members look forward to their individual interviews.
There being no further business, the Chair declared the meeting of the
Roanoke City School Board adjourned at 11:15 a.m.
Following a brief recess, the Council meeting reconvened at 11:25 a.m., in
the same location.
Topics for discussion:
COUNCIL-INDUSTRIES: The Mayor advised that a Member of Council has
requested an update on the terms of the agreement with IMD Investment Group,
LLC, in connection with development of property located at the northwest corner
of Franklin Road and Wonju Street, S. W.; whereupon, the City Attorney advised
that he would research the matter to determine the appropriate State Code
section for a closed session.
DRUGS/SUBSTANCE ABUSE: Council Member Dowe advised that certain
individuals may attend the 2:00 p.m. Council meeting to address the proposed
methadone clinic on Hershberger Road, N. W.
The City Manager advised that a permit was issued for improvements to
the building and City staff will monitor progress.
LEGISLATION: Council Member Wishneff inquired if an item will be included
in the City's proposed 2005 Legislative Program with regard to advisory
referenda; whereupon, Vice-Mayor Fitzpatrick, Chair of the Legislative
Committee, advised that the Committee previously agreed to hold the matter in
abeyance pending a study by the City Attorney and the City's Legislative Liaison
with regard to how the issue is addressed by other localities throughout the
Commonwealth of Virginia, and the City Attorney advises that it will take
approximately one year to complete the process.
395
COUNCIL: There was discussion in regard to scheduling aCouncil planning
retreat; whereupon, it was the consensus of Council to schedule a retreat during
the first two weeks in January 2005; Dr. Bruce Blaylock, professor at Radford
University, will be requested to serve as facilitator; and the retreat will be held at
a location in the Roanoke area.
The Mayor advised that he will work with the City Manager and the City
Clerk on the appropriate arrangements.
At 1:50 p.m., the Mayor declared the Council meeting in recess until 2:00
p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke,
Virginia.
The regular meeting of Roanoke City Council reconvened at 2:00 p.m., on
Monday, November 1, 2004, in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Mayor Harris presiding.
PRESENT: Council Members BrianJ. Wishneff, M. Rupert Cutler, AIfredT.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, and
Mayor C. Nelson Harris ............................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation to Fred Wendorf,
Chapter President, Greater Blue Ridge Chapter, Juvenile Diabetes Center,
declaring the month of November 2004, as Juvenile Diabetes Awareness Month.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation to
Michael Ramsey, President, Roanoke Public Library Foundation, declaring
Saturday, November 6, 2004, as Valley Bookfest Day.
PROCLAMATIONS-RECYCLING: The Mayor presented a proclamation to
Frank W. Decker, III, Manager, Solid Waste Management, declaring Saturday,
November 13, 2004, as America Recycles Day.
396
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately. He called specific attention one request for a Closed
Session to discuss the terms of a public contract.
CITY COUNCIL: An oral request of Council Member Brian J. Wishneff that
Council convene in Closed Meeting to discuss a public contract involving the
expenditure of public funds and to discuss the terms of such contract, pursuant
to Section 2.2-3711 (A)(30), Code of Virginia, 1950, as amended, was before the
body.
Mr. Fitzpatrick moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Mr. Lea and
adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
BUDGET-CMERP-CITY INFORMATION SYSTEMS: A communication from the
City Manager requesting that Council schedule a public hearing for Monday,
November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, to consider an adjustment to the Technology Fund Budget, was before the
body.
The City Manager advised that each year, the year-end General Fund
balance and retained earnings for Internal Service Fund and Enterprise Funds are
appropriated for the funding of Capital Maintenance and Equipment Replacement
(CMERP) and other necessary items; a Council report recommending
appropriation of $1,937,240.00 was presented to Council on September 20,
2004, at which time Council was advised that a subsequent report would contain
recommendations regarding the appropriation of funds for CMERP - Technology;
and a report recommending appropriation of funds is scheduled to be presented
to Council on Monday, November 15, 2004.
The City Manager further advised that pursuant to Section 15.2-2507,
Code of Virginia (1950), as amended, a locality may amend its budget to adjust
the aggregate amount to be appropriated during the current fiscal year as shown
in the current adopted budget, however, any such amendment which exceeds
one per cent of the total expenditures shown in the adopted budget, or the sum
of $500,000.00, whichever is lesser, must be accomplished by publishing a
notice of a meeting and a public hearing.
397
The City Manager recommended that Council authorize the City Clerk to
advertise a public hearing on the above referenced adjustment to the Technology
Fund budget for Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter
as the matter may be heard.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Lea and adopted by the following
vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-ARCHITECTURAL
REVIEW BOARD: A report of the City Clerk advising of the qualification of the
following persons was before Council:
James A. Allen as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending
August 31, 2008; and
Robert N. Richert as a member of the Architectural Review
Board, for a term ending October 1,2008.
Mr. Fitzpatrick moved that the report of qualification be received and filed.
The motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
398
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING: The City Manager
submitted a communication advising that Roanoke's "C2C (Cradle to Cradle)
Home" is an international home design and construction competition which will
be conducted by the Council of Community Services (CCS) through Smith-Lewis
Architecture; the purpose of design competition is to design and to create
affordable and other housing that is energy efficient, based on sustainable and
reusable materials and relies on innovative manufacturing techniques and
technology; the City is agreeable to reimbursing CCS up to $:100,000.00 for
planning activity and land acquisition costs related to design competition; the
City plans to use Community Development Block Grant (CDBG) funds which are
available in Account No. 035-G03-0320-5416; and funds are currently
designated for the "Multi-Unit Affordable Rental Housing Project" and will be
replaced at a later date.
It was further advised that in addition to C2C activities, the Council of
Community Services is interested in sponsoring a Valley-wide conference for all
human service providers in an effort to support developing regional approaches
toward human service needs in the Roanoke Valley; the City is agreeable to
reimbursing CCS up to $15,000.00 for costs related to the conference; and by
using Community Development Block Grant (CDBG) funds in Account No. 035-
G04-0421-5402, which are currently set aside for the "Daycare Services
Initiative" project to study existing daycare capacity and needs, the project will
become the "Human Services Initiative" instead.
It was explained that the City's current Consolidated Plan does not make
provision for the above referenced uses of CDBG funds; therefore, Council must
approve amendments to the Consolidated Plan as a prerequisite to entering into
agreements with the Council of Community Services for the "C2C Housing
Competition" and the Valley-wide conference.
It was noted that changes to the Consolidated Plan constitute substantial
amendments, which require a 30-day public comment period before a change
can be implemented; and the public comment period began with a newspaper
advertisement on September 12, 2004, and ended on October 13, 2004, with no
c®mpelling objections having been received.
The City Manager recommended that Council:
Approve amendment of the City's Consolidated Plan to allow
use of CDBG funds to reimburse the Council of Community
Services for planning activities and land acquisition costs
associated with the "C2C (Cradle to Cradle) Housing
Competition and allow funds to be used for regional
cooperation in an effort to address human service needs in
the Valley;
399
Authorize the City Manager to execute and to submit any
necessary documents, to be approved as to form by the City
Attorney, to the United States Department of Housing and
Urban Development for such amendment;
Authorize execution of the 2004-2005 CDBG Subgrant
Agreement with the Council of Community Services; and
Authorize transfer of $100,000.00 from Account No. 035-
G03-0320-5416 (Multi-Unit Affordable Rental Housing) to an
account for the C2C Home program to be established in the
Grant Fund by the Director of Finance.
Mr. Fitzpatrick offered the following budget ordinance:
(#36889-110104) AN ORDINANCE to transfer Community Development
Block Grant funds for the Cradle to Cradle (C2C) Home Program, amending and
reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 177.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36889-110104. The
motion was seconded by Mr. Cutler.
Upon question, the City Manager advised that the "Cradle to Cradle"
Housing Design Competition will be held in the City of Roanoke in mid January,
2005; judging and posting of entries will occur at the Art Museum; the
construction of award winning houses will take place in the summer of 2005,
with the goal of constructing 30 houses; approximately 12 properties have either
been donated or the owner has indicated a willingness for a house to be
constructed on the property; the City is looking at the possible purchase of
certain delinquent properties that could be used once the current structure is
removed; and the purpose of the competition is to construct housing that is both
efficient and ecologically sound or sustainable.
There being no further discussion, Ordinance No. 36889-110104 was
adopted by the following vote:
AYES: Council Members Wishneff, CO, tier, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
400
Mr. Dowe offered the following resolution:
(#36890-110104) A RESOLUTION authorizing the appropriate City officials
to execute an amendment to the Consolidated Plan for FY 2004-2005, providing
for the use of Community Development Block Grant funds to reimburse the
Council of Community Services (CCS) for its planning activity and land acquisition
costs related to Roanoke's "C2C (Cradle to Cradle) Housing Competition," and
allowing funds to be used to sponsor a Valley-wide conference for developing
regional approaches toward human service needs in the Valley, and authorizing
the City Manager to execute a 2004-2005 Community Development Block Grant
Subgrant Agreement with the Council of Community Services, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 69, Page 177.)
Mr. Dowe moved the adoption of Resolution No. 36890-110104. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
BRIDGES: The City Manager submitted a communication advising that on
December 6, 1999, Council awarded a contract to Hayes, Seay, Mattern &
Mattern, Inc. (HSMM) for design of the Downtown North Parking Garage
(Gainsboro) and the First Street Bridge; three amendments to the contract have
been executed for additional design services; and the original contract was for
$560,000.00, with three amendments totaling $139,997.00.
It was further advised that Council received a briefing on September 7,
2004, outlining four alternatives for the First Street Bridge; each option was
discussed in detail and the Council selected Alternative B which provided for
complete rehabilitation of the existing First Street Bridge structure as a
pedestrian only facility; the selected alternative requires dismantling the bridge,
repairing or replacing deteriorated parts and re-erecting the rehabilitated bridge;
the structure will be improved with some modern materials to improve capacity
to carry pedestrian loads without limitation, and the selected alternative is
estimated at $2.2 million.
It was noted that approximately $2.0 million in existing project funding is
available and staff anticipates that additional funding of approximately
$200,000.00 will be needed, however, given the nature of the proposed
rehabilitation project, costs will be better defined once detailed project plans and
specifications are completed, and additional funding will be requested at
completion of engineering design.
401
The City Manager advised that the selected alternative requires a new set
of construction plans and specifications to be developed since previous design
work completed for a replacement bridge cannot be used for the selected
alternative; throughout the different stages of the project, no design was
prepared for a rehabilitated existing structure; the existing bridge needs to have
an inspection performed with detailed evaluation of existing bridge parts which
will determine which parts need to be rehabilitated or replaced; many of the
parts have experienced extensive corrosion over the years and will need to be
replaced; and incorporation of Dr. Martin Luther King,Jr. enhancements will be
taken into consideration as a part of the rehabilitation design.
It was explained that staff considered the option of hiring a new design
consultant since the proposed bridge rehabilitation plan requires an entirely new
design; however, after considering the time required for the professional services
selection process, likely increased design costs, and the benefit of the current
consultant's knowledge of the project, it is recommended that the current
consultant be retained.
It was noted that total project estimate of $2.2 million included the cost of
preparing new plans and specifications; City staff has negotiated a contract
amendment for the necessary design for repair and rehabilitation in the amount
of $166,570.00; approval by Council of the contract amendment is necessary
inasmuch as the amendment exceeds 25 per cent of the initial contract value;
and funding in the amount of $166,570.00 is available in Account No. 008-052-
9574 First Street Pedestrian Bridge.
The City Manager recommended that she be authorized to execute
Amendment No. 4 for the above referenced services with Hayes, Seay, Mattern &
Mattern, Inc., in the amount of $166,570.00.
Mr. Fitzpatrick offered the following resolution:
(#36891-110104) A RESOLUTION authorizing the City Manager's issuance
and execution of Amendment No. 4 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for additional professional services for the Downtown
North Parking Garage (Gainsboro) and First Street Bridge Project.
(For full text of Resolution, see Resolution Book No. 69, Page 178.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36891-110104. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
402
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of September 2004.
There being no questions or comments, without objection by Council, the
Mayor advised that the Financial Report for the month of September would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
CITY CODE-TAXES: The City Manager submitted a communication advising
that on September 7, 2004, Council was briefed by the Director of Real Estate
Valuation on proposed changes for participation in the City's program that allows
tax exemptions for the rehabilitation of residential, commercial, and industrial
real property; on October 18, 2004, Council was presented with a revised
ordinance, and following discussion, it was the consensus of Council to table
action on the ordinance until the regular meeting of Council on Monday,
November 1, 2004; and Council requested that the ordinance be revised to apply
to commercial/industrial and multi-use property only, with recommendations
regarding the rehabilitation of residential property to be re-evaluated and
incorporated into the City's Housing Strategic Plan that will be presented in early
2005.
The City Manager further advised that recommended changes to the
program now include:
Revisions to the restrictions on increased square footage on
commercial and industrial real property such that the total
square footage of the structure cannot be increased by more
than 100%. Currently, total square footage must not be
increased by more than 15 per cent;
Increasing the application fee when achange in use will result
in additional tax parcel numbers being created to $50.00 for
each additional tax map number created. Currently, the
application fee is $50.00 for each property;
For multi-use properties, requiring the residential portion to
meet the eligibility requirements for residential real property
and requiring the commercial or industrial portion to meet the
eligibility requirements for commercial or industrial real
property. Currently, any property, the use of which is partially
residential and partially commercial or industrial, is treated as
residential in its entirety for purposes of this division;
403
Extending the termination date of the current program from
July 1, 2005 to July 1, 2010. The proposal to extend the date
out five years will allow the City the opportunity to monitor
and to assess whether the program's goals continue to be met
as a result of changes.
The City Manager recommended that Council adopt an ordinance amending
and reordaining Division 5, Exemption of Certain Rehabilitated Real Property,
consisting of §§32-93 through 32-101, of Chapter 32, Taxation, Code of the
City of Roanoke (1979), as amended, by amending the eligibility requirements for
tax exemption based on the recommendations noted above.
Mr. Fitzpatrick moved that the matter be removed from the table. The
motion was seconded by Ms. McDaniel and unanimously adopted.
Mr. Dowe offered the following ordinance:
(#36892-110104) AN ORDINANCE amending and reordaining Division 5.
Exemption of Certain Rehabilitated Property, consisting of §§32-93 through 32-
101, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended,
by amending the eligibility requirements for tax exemption pursuant to this
Division; modifying the restrictions on square footage on commercial and
industrial real property; increasing the application fee when a change in use will
result in additional tax parcel numbers being created; making certain other
changes to the City's tax exemption program for rehabilitated real property; and
dispensing with the second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 179.)
Mr. Dowe moved the adoption of Ordinance No. 36892-1101104. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER RESOURCES-REFUSE COLLECTION: Mr. Cutler offered the following
resolution fixing the compensation that may be received by certain members of
the Boards of the Western Virginia Water Authority and the Roanoke Valley
Resource Authority at $250.00 per month, effective January 1, 2005:
(#36893-110104) A RESOLUTION fixing the compensation that may be
received by certain members of the Boards of the Western Virginia Water
Authority and the Roanoke Valley Resource Authority; and establishing an
effective date.
404
(For full text of Resolution, see Resolution Book No. 69, Page 183.)
Mr. Cutler moved the adoption of Resolution No. 36893-110104. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
DRUGS/SUBSTANCE ABUSE: Council Member Lea requested an opinion from
the City Attorney with regard to actions, if any, that the City of Roanoke may take
with regard to the proposed methadone clinic to be located at the corner of Cove
and Hershberger Roads, N. W.
The City Attorney responded that approximately one year ago, the Council
and the City administration were advised, after the fact, that a business license
had been issued to a business that proposed to open a methadone clinic on
Hershberger Road; in applying for the business license, the company obtained
zoning approval and certification from the City; a business license was issued
and the business proceeded to apply for and obtained building permits through
the City and invested several hundred thousand dollars in building renovations,
following which the company obtained a Certificate of Occupancy from the City
to occupy the building. He stated that when the matter was brought to the
attention of the City administration and City Council, it was too late, legally, to
address the issue inasmuch as all necessary permits had been issued.
The City Attorney advised that in working with the City Planning
Commission and City Planning staff, the City's Zoning Ordinance was amended in
December 2003 to provide that in the future any clinic of this type would be
required to obtain approval by the City's Board of Zoning Appeals and to obtain a
special exception permit, which would necessitate a public hearing before the
Board of Zoning Appeals and an opportunity for residents and citizens to be
heard by the Board of Zoning Appeals. At that time, he stated that Council also
requested, through its Legislative Program to the General Assembly, that
legislation be enacted to institute a statute that would require the State to notify
localities when an application for a facility of this type is filed, and a statute was
passed by the General Assembly which requires that clinics of this type must be
located a certain number of feet from schools and day care centers, etc.
405
He explained that the General Assembly cannot enact laws that are retroactive,
but in the future, should a similar clinic apply, it will be required to meet spacing
or separation requirements as set forth in the State Code, the City will be notified
in advance and provided with an opportunity for input on t.he application, and to
address specifically whether the proposed location is in conformance with the
City's Comprehensive Plan. He stated that he was not aware of any action that
the City of Roanoke can take to prevent the methadone clinic from opening at the
Hershberger Road location; and efforts have been made to identify other suitable
locations for the facility. In summary, he stated that he was not aware of any
legal challenge that could be mounted by the City of Roanoke at this time.
Council Member Dowe advised that the City of Roanoke has done
everything within its power to address all legal issues. He stated that it would be
hoped that the operator of the methadone clinic, in the spirit of a corporate
partner who is about to locate in the City of Roanoke, would realize the
magnitude of the situation and the type of atmosphere that has been created and
would be willing to work with the community to identify a more appropriate
location.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
CITY MARKET: Philip Full, owner of New York Subs, located in the City
Market Building, inquired as to why after 20 years, the City of Roanoke has
decided to change its policy to allow national chain restaurants to locate in the
City Market Building. He stated that when the City and F & W Management
Corporation established the concept for the City Market Building, the agreement
was to invite a blend of local business men and women with unique concepts that
would compliment each other, not compete; whether or not a non compete
clause is a part of the agreement, there has always been a "gentleman's
agreement" to not infringe on other concepts; and with this policy, the City
Market area has grown over the past 20 years. He called attention to several
businesses such as Corn Beef and Company, Fast Freddy's, Confetti's, etc., that
have moved on to larger and more successful operations; the Market area has a
long history of serving as the hub of downtown Roanoke and the City Market
Building and the Farmer's Market have been known as a place where local
persons can buy, sell and trade their wares and produce. He stated that this is
not the first time in 20 years that a competing national chain restaurant has tried
to locate in the City Market Building, but with the recent management change, it
is the first time that the idea has been allowed to be considered. He added that
New York Subs has operated out of the City Market Building since the food court
concept was implemented, and in those 20 years they have been surrounded by
competition; and national chain food can be acquired anywhere in America, but
few places are left in the United States that allow for the local flair that can be
found in Roanoke's City Market which adds to making downtown Roanoke a
destination spot. He stated that the national chain restaurant seeking to locate
406
in the City Market Building offers menu items that duplicate many of the
offerings of New York Subs; however, his position would be the same if the
restaurant chain offered pizza, hamburgers, or Mexican cuisine, in support of the
owners of those businesses who already have concepts in place in the City
Market Building. He added that the presence of national restaurant chains on the
Market, along with their golden arches and familiar icons, will erase the local
character and flavor that has uniquely identified the Roanoke City Market for
many years.
Anita Wilson, President, City Market Building Tenant's Association, and Co-
owner of two businesses in the City Market Building, spoke on behalf of
established businesses in the City Market Building. She advised that it is the
collective opinion of Market Building businesses that they have been failed by the
City of Roanoke by allowing an out of town based rental company to operate the
Market Building. She addressed issues of concern with regard to lease
uniformity, clarification of leases, compete and non-compete clauses in some
leases, continued improvements to the Market Building, and leasing of empty
place, including the entire third floor of the building. She stated that business is
the key to the success of downtown Roanoke and asked that business interests in
the City Market Building be protected by the City of Roanoke.
Kelly Crovo, owner of the Red Coyote located in the City Market Building,
called attention to the deterioration of the City Market Building and raised
questions as to why the City has allowed the building to deteriorate to the point
that millions of dollars will be required to bring the building up to acceptable
standards. He called attention to vacant buildings in the downtown Roanoke area
and advised that the City's Human Services department has been relocated
outside of downtown Roanoke which has affected business in the City Market
Building. Therefore, he inquired if the City has developed proposed plans to
revitalize downtown Roanoke.
Dean Crump, representing the owner of Nuts and Sweet Things located in
the City Market Building, expressed concern that a lease which has worked well
for 20 years has now been changed without any explanation by the new
management firm. He spoke in support of the remarks of previous speakers.
The Mayor advised that Council will be briefed on the City Market/City
Market Building on Monday, November 15, 2004, at 2:00 p.m., and invited all
interested persons to attend the meeting.
Council Member Wishneff suggested that the briefing include information
on such issues as national chain restaurants, future management of the City
Market Building, the structuring of leases, and the impact of current construction
on City Market Building business.
407
DRUGS/SUBSTANCE ABUSE: Ms. Judy Ferguson, 1713 Coveland Drive, N.
W., spoke against the proposed methadone clinic on Hershberger Road, N. W.
Even though the City of Roanoke has stated that there is nothing, legally, that
can be done to prevent the methadone clinic from opening, she asked that the
City intervene on behalf of the neighborhood. She stated that it has been
reported that the proposed methadone clinic has spent thousands of dollars on
building renovation, but it should also be taken into consideration that residents
of the area have a vested interest in the safety of their children and in the value
of their homes and churches.
Ms. Trina Blaney, 1703 Coveland Drive, N. W., advised that the use of
cocaine, marijuana and alcohol currently represent problems in the community,
therefore, a methadone clinic would compound the issue. She asked that Council
take into consideration the concerns of residents of the area and the community
as awhole, and locate the methadone clinic at a site that is not in close proximity
to schools, homes and churches. She expressed a further concern that in order
for an addict to free herself or himself of drugs, the individual should not be
cross addicted with another chemical; instead, it is necessary to cleanse the body
rather than to administer a drug that will only take away the craving; and instead
of cross addicting, addicts need counseling and a form of alternative treatment.
She advised that it has been stated that some persons will travel as long as two
hours to reach the methadone clinic on Hershberger Road, therefore, the clinic
should be located in an area where most of the persons receiving the treatment
reside and not in northwest Roanoke City.
The Reverend Brian Kingery, 7956 Wood Haven Road, N. W., Pastor,
Roanoke Valley Dream Center, 1026 Lafayette Boulevard, N. W., expressed
sympathy for those persons who struggle with drug addiction, for which there
are few answers in the City of Roanoke. He stated that many citizens are
confused and concerned about what happens in and around a methadone clinic,
but if Roanoke is truly caring and compassionate as a City, it is the City of
Roanoke's responsibility to be a part of the solution. Therefore, he stated
that the question is, if Roanoke chooses not to allow a methadone clinic,
what does the City plan to do since drugs and drug addiction are
problems in the City of Roanoke and it is time for citizens to stop
ignoring the problem. In closing, he challenged the citizens of Roanoke to
not become overly focused on what is perceived to be harmful to the
City, but instead, embrace any program that will create success by helping
people in the community who are struggling with drug addiction. He
invited the methadone clinic to his church at 1026 Lafayette, N. W., where
they will receive both physical and spiritual treatment.
Ms. Mary Paxton, 2206 Garstland Drive, N. W., expressed concern
due to the number of churches, schools and day care centers in the area
of the proposed methadone clinic on Hershberger Road and for the safety
of citizens, many of whom are elderly. She stated that residents of the
area understand that those persons who will use the services offered by
the methadone clinic need help and they are not opposed to a methadone clinic,
408
but they do not want the facility to be located in their neighborhood when there
are other parts of the City where the clinic could be located that will not infringe
on the individual rights of citizens, churches and schools.
Mr. Robert Gravely, 729 Loudon Avenue, N. W., criticized the State for
allowing a methadone clinic to be located in any locality without first informing
the appropriate local officials.
The City Manager responded to the above remarks and advised that a
business license and a zoning verification were requested for the proposed
methadone clinic in October 2003 and Council acted on a zoning ordinance
amendment on November 14, 2003, therefore, the business license was issued
approximately ]~5 days prior to the Council's action. Although it was too late to
affect the methadone clinic in question, she stated that Council enacted the
appropriate measure to ensure that a similar situation will not occur in the
future; and following action by the General Assembly last year, Zoning staff, City
Planning staff and others visited a number of locations throughout the City to
identify an alternate location for the facility; however, State legislation requires
that any clinic will be located more than one half mile from a day care center
and/or a school. She added that if a suitable location is found, the requirement
exists under the City's current zoning ordinance for a special use permit to be
issued by the Board of Zoning Appeals; and the City continues to receive
telephone calls from interested persons who have identified proposed locations,
which are reviewed to determine if the locations meet the requirements, and
zoning and distance requirements make it difficult to locate suitable sites within
the City. She stated that it is her understanding, in consultation with the City
Attorney, that the City has done everything it can under the circumstances; she
agreed with a previous speaker that it is unfathomable that the State would allow
an activity of this nature to locate in a community without advance notice to local
officials; and at the City's urging, the State enacted legislation that any future
clinic of this nature would require a minimum of 30 days notice to the locality.
She advised that treatment should be available to those persons in need in the
Roanoke community, the City of Roanoke considers the needs of its citizens, and
shares the burden of those persons in need who come to Roanoke from other
communities. She added that she was personally disturbed that the proposed
methadone clinic and its location has created unrest in the community because
the issue does not have anything to do with the treatment of individuals, but the
location; therefore, the City of Roanoke will continue to work on an alternate
location and if citizens wish to suggest other locations as potential sites, the City
will review their proposals.
Council Member Lea made the observation that a United States Attorney
previously spoke in opposition to the location of a methadone clinic in Roanoke
County; however, he was not aware that the individual had spoken to the issue in
the City of Roanoke. He advised that residents of the Hershberger Road area
have expressed frustration because the United States Attorney also represents
the City of Roanoke.
4O9
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
advised that November 11, Veterans Day, is observed as a day to honor those
persons who gave their life for the freedom of the United States of America. He
stated that many years ago during the month of November, Victory Stadium was
dedicated to the memory of those persons who sacrificed their lives for their
country; therefore, Victory Stadium should be renovated, promoted and used as a
City facility.
CITY MANAGER COMMENTS: NONE.
At 3:40 p.m., the Mayor declared the Council meeting in recess for one
Closed Session.
At 4:00 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Fitzpatrick moved that each Member of City Council certify to the best of his or
her knowledge that: (1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act; and
(2) only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
There being no further business, the Mayor declared the meeting
adjourned at 4:02 p.m.
APPROVED
A'ri-EST:
Mary F.
City Clerk
C. Nelson Harris
Mayor
410
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
November 15, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 15, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36762-070604 adopted by Council on
Tuesday, July 6, 2004.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, and Mayor C. Nelson
Harris .............................................................. 6.
ABSENT: Council Member M. Rupert Cutler ......................... 1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. Dowe offered the
following resolution:
(#36894-111504) A RESOLUTION memorializing the late Charles Ray Hill,
Sr., a former Town Councilman and Mayor of the Town of Vinton.
(For full text of Resolution, see Resolution Book 69, Page 184.)
Mr. Dowe moved the adoption of Resolution No. 36894-111504. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
411
AYES: Council Members, Dowe, Fitzpatrick, Lea McDaniel, Wishneffand
Mayor Harris ....................................................... 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
The Mayor called for a moment of silence in memory of former Mayor Hill.
PROCLAMATIONS: The Mayor presented a proclamation to Joseph Lee,
Chapter Vice President, Alpha Kappa Lambda Chapter, Alpha Phi Alpha Fraternity,
declaring December 4, 2004, as Alpha Phi Alpha Fraternity 98'h Founder's 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 two requests for
Closed Session.
MINUTES: Minutes of the regular meetings of Council held on Monday,
September 20, 2004, and Thursday, October 7, 2004, were before the body.
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Lea and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Cutler was absent.)
COMMITTEES-CITY COUNCIL: 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, and to interview applicants for a vacancy on the Architectural Review
Board, pursuant to Section 2.2-371]. (A)(1), Code of Virginia (1950), as amended,
was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded
by Mr. Lea and adopted by the following vote:
412
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ...................................................
(Council Member Cutler was absent.)
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: A communication from
Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to
discuss a special award, being the Shining Star Award, pursuant to Section 2.2-
3711 (A)(10), Code of Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Lea and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris .............................................. -~ ......... 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
EASEMENTS-SPECIAL PERMITS: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, December 6,
2004, at 2:00 p.m., or as soon thereafter as the matter may be heard, with
regard to encroachment of an awning into the public right-of-way at 105 Wall
Street, S. E., Official Tax No. 4010319, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to schedule a public hearing as above described. The motion was
seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Dowe, Fitzpatrick, Lea and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-PERSONNEL
DEPARTMENT-INDUSTRIES-ROANOKE ARTS COMMISSION: A report of the City
Clerk advising of the qualification of the following persons, was before Council.
Charles E. Hunter, III, as a Director of the Industrial
Development Authority, for a term ending October 20,
2008;
413
Terri R. Jones as a member of the Roanoke Arts
Commission, for a term ending June 30, 2007;
Mornique E. Smith as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term
ending August 31, 2008; and
Gregory W. Staples as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 2007.
Mr. Fitzpatrick moved that the report of qualification be received and filed.
The motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Cutler was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See pages 428 and 435.
ITEMS RECOMMENDED FOR ACTION:
INDUSTRIES: The City Manager submitted a communication advising
that on October 31, 2003, the City of Roanoke sold New Tract F, Official
Tax No. 7230105, at the Roanoke Centre for Industry and Technology
(RCIT) to SEMCO Inc. of Virginia; SEMCO, Inc. agreed to construct a
facility and to install manufacturing equipment on the tract of land in
accordance with sale of the property and now wishes to convey the
property to a subsidiary named SEMCO Duct and Acoustical Products, Inc.;
SEMCO, Inc. of Virginia will not be released from obligations contained in
the deed and an attachment to the deed that further sets forth the
obligations of SEMCO, and SEMCO Duct and Acoustical Products, Inc., will
agree to conditions contained in the deed and attachments, as follows:
414
the facility must be at least 100,000 square feet and be built within 24 months
of November 3, 2003; the Company will invest a minimum of $4 million; and if
the facility is not built in time, or a minimum of $4 million has not been invested,
the Company is required to pay the City $150,000.00 (discount on land).
The City Manager recommended that she be authorized to execute the
deed authorizing conveyance of New Tract F at the RCIT to SEMCO Duct and
Acoustical Products, Inc., with such transfer to keep the same terms and
conditions related to project scope, investment, and commitments that were
made in the original deed and a letter from SEMCO, Inc.
Mr. Fitzpatrick offered the following ordinance:
(#36895-111504) AN ORDINANCE authorizing the City Manager to
execute the necessary documents consenting to the conveyance of New Tract F,
Tax Map Number 7230105, located at the Roanoke Centre for Industry and
Technology, from SEMCO Incorporated of Virginia to SEMCO Duct and Acoustical
Products, Inc., upon certain terms and conditions, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 185.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36895-111504. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None .................................................. 0.
(Council Member Cutler was absent.)
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that the City and IMD Investment Group, LLC, (IMD), the
developer of property located at the northwest corner of Franklin Road and
Wonju Street, S. W., have negotiated an annual Economic Development Grant
Performance Agreement; the Economic Development Grant will be funded by the
City, but issued and administered through the Industrial Development Authority
of the City of Roanoke, Virginia (IDA); the grant would assist in the provision of
necessary infrastructure to make the site developable and to provide structured
parking so that high quality retail activity, including a Ukrop's grocery store, a
drug store, and associated retail, office, and restaurant space may be
constructed on the property; currently, the site is located entirely within a
floodway and flood plain and has limited development potential; IMD's plans for
the site include improvement of the flood plain, therefore, making the site
developable and an economic benefit to the City and its citizens; and the project
will provide additional tax revenue, jobs, and seFvices that will be available to
and benefit the citizens of the City of Roanoke and the Roanoke Valley.
415
It was further advised that the proposed Agreement outlines the
obligations of IMD in order to qualify for and to receive the grant, including
successful rezoning of the site to accommodate the proposed development;
construction and opening of a minimum 58,000 square foot Ukrop's Supermarket
and drug store within 24 months of the date of the Agreement; and IMD entering
into a ].5 year or longer lease with Ukrop's.
It was noted that within the first 24 months of the date of the Agreement,
IMD shall have spent, or caused to be spent, at least $3 million in site
infrastructure improvements and one floor of structured parking either under the
Ukrop's store or one level below the surface parking lot that will be located
between the Ukrop's store and Franklin Road.
The City Manager explained that within 60 months of the date of the
Agreement, IMD shall have spent, or caused to be spent, an additional $3 million
on structured parking spaces and site infrastructure; in addition, within the same
60 months, a minimum of 60,000 square feet of additional buildings containing
a combination of restaurants, retail and office space are to be constructed, or the
amount of the grant may be reduced; subject to IMD fulfilling its obligations as
enumerated above, the IDA will provide certain funds annually to IMD, as
received from the City, to assist with development of the site infrastructure and
structured parking; beginning at the option of IMD upon the opening of the
Ukrop's grocery store, IMD may request an annual grant for 15 consecutive
years; the amount of the grant shall equal the amount of revenue actually
received by the City during the preceding grant year resulting directly from the
property including real estate taxes, general retail sales tax (currently the local
option of one per cent), professional and occupational license tax, tangible
personal property tax, prepared food and beverage tax, electric consumer utility
tax, natural gas utility tax, and water utility tax; however, any future increases in
any of said taxes dedicated for specific purposes or projects will be excluded
from the annual calculation.
It was further explained that the request cannot be for an amount greater
than $600,000.00 for each year, even if total revenue resulting for the
development generated by the taxes enumerated above exceed that amount;
there shall be no carry-forward for funds from one grant year to the next; iflMD
fails to provide the additional building development required within the 60
month timeframe of the Agreement, the requested grant shall only be in an
amount equal to 60 per cent of actual revenue received from the development,
with the same $600,000.00 per year limit on any such request; the Agreement
requires IMD to report to the City and to the IDA on a semi-annual basis on its
progress and compliance with conditions of the Agreement and to provide
appropriate supporting documentation for each grant request; funding for each
annual grant request will be subject to appropriation by Council to the IDA; and
the annual appropriation will be in an amount equal to the anticipated grant
request for actual revenues received for the preceding grant year.
416
The City Manager recommended she be authorized to execute a
Performance Agreement among the City, IMD, and the IDA and to execute such
other documents and to take such further action as may be necessary to
implement and administer the Performance Agreement, to be approved as to
form by the City Attorney; and that Council approve the terms of the Performance
Agreement among the City, IMD, and the IDA and determine that such grant will
promote economic development within the City of Roanoke.
Mr. Dowe offered the following ordinance:
(#36896-111504) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the
Industrial Development Authority of the City of Roanoke, Virginia, (IDA), and
Investment Group, LLC, (IMD) that provides for certain undertakings by the
parties in connection with the development of certain property located at the
northwest corner of Franklin Road and Wonju Street, S. W., in the City of
Roanoke; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 186.)
Mr. Dowe moved the adoption of Ordinance No. 36896-111504. The
motion was seconded by Mr. Fitzpatrick.
Clark Worthy, Attorney, 10 South Jefferson Street, representing Towers
Retail LLC., owner and operator of Towers Retail Center, requested that Council
not waive the second reading of the above referenced ordinance, which will
require a second reading by Council on Monday, December 6, 2004. He stated
that the agreement involves a potential grant to IMD of $9 million over the next
15 years in return for a commitment to develop the site, which is a substantial
amount of money. Therefore, he requested additional time to review the
agreement prior to approval by Council.
On behalf of the Council, the Mayor advised that the City of Roanoke takes
seriously the issue of aggressively pursuing all economic development
opportunities as a community; not only will the proposed project develop a
fallow piece of land that most likely would not be developed were it not for the
proposed arrangement, but the project will allow a good corporate citizen and
employer to become a part of the community. He called attention to the need to
review certain of the City's economic development policies and incentives.
Ordinance No. 36896-111504 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ....................................................... 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
417
SPORTS ACTIVITIES-STREETS AND ALLEYS: The City Manager called
attention to a communication from Jennifer Blackwood, Interim Executive
Director, Scott Robertson Memorial, requesting that Council re-enact and amend
Ordinance No. 36462-081803 to allow for an additional six months to complete
the recordation process, in connection with permanently vacating, discontinuing
and closing a 15 foot public right-of-way extending in a northeasterly direction
from the northerly boundary of Densmore Road, N.W., between Official Tax Nos.
270906 and 2671005.
The City Manager recommended that Council adopt an ordinance to amend
and reordain Ordinance No. 36462-081803 adopted on August 18, 2003, to
extend the time in which the plat of subdivision can be recorded following
adoption of the above referenced ordinance to 24 months from the date of
adoption.
Mr. Fitzpatrick offered the following ordinance:
(#36897-111504) AN ORDINANCE amending and reordainingOrdinance
No. 36462-081803; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 187.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36897-111504. The
motion was seconded by Mr. Wishneff.
Council Member Dowe advised that he serves on the Board of Directors of
the Scott Robertson Memorial Foundation, he receives no compensation for his
service, and inquired if he should abstain from voting on Ordinance No. 36897-
111504.
The City Attorney responded that there is no conflict of interest inasmuch
as Mr. Dowe serves on the Board of Directors in an unpaid capacity.
Ordinance No. 36897-111504 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
CITY ATTORNEY: NONE.
418
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES:
LEGISLATION: Vice-Mayor Beverly T. Fitzpatrick, Jr., Chair, Legislative
Committee, submitted a communication advising that on November 1, 2004,
Council's Legislative Committee met to review the proposed 2005 Legislative
Program; after careful review, the Committee recommends the program to
Council for favorable action; and the School Board's portion of the Legislative
Program was approved by the School Board at its meeting on November 9, 2004.
(For full text, see 2005 Legislative Program on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following resolution:
(#36898-111504) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2005 Session
of the General Assembly.
(For full text of resolution, see Resolution Book 69, Page 188.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36898-].].].504. The
motion was seconded by Mr. Wishneff and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Cutler was absent.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: Sandra Kelly,
Vice-Chair, Roanoke Neighborhood Advocates (RNA), presented the annual State
of the Neighborhoods report, pursuant to Resolution No. 36397-061603.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe spoke in support of development of a youth
comprehensive plan and representation by the Youth Services Citizen Board on
the Roanoke Neighborhood Advocates; whereupon, Ms. Kelly responded that a
youth representative currently serves on the RNA.
Council Member McDaniel inquired if the various neighborhood
organizations include youth representation which would be a good way to build
community pride in young people leading to a vested interest in their
neighborhoods. Ms. Kelly advised that she would take the suggestion to the
RNA.
419
Question was raised as to whether the RNA has a plan to re-energize
neighborhood organizations that do not currently meet on a regular basis;
whereupon, Ms. Kelley advised that the RNA, working in conjunction with the
City's Housing Development Department, would like to encourage every
community to have representation on the RNA through their neighborhood
association.
Mr. Bob Caudle, 4231 Belford Street, S. W., commended Ms. Kelly on her
leadership as Vice-Chair of the Roanoke Neighborhood Advocates.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the
body.
$3,000,000.00 for the Patrick Henry High School Project; the
additional 2005 Capital Bond Funds will provide for Patrick
Henry High School Phase I construction costs plus Phase II
architect and construction management fees.
$400,000.00 for the William Fleming High School Project; the
2005 Capital Bond Funds will provide for the William Fleming
High School construction design phase.
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
Mr. Dowe offered the following budget ordinance:
(#36899-111504) AN ORDINANCE to appropriate 2004B General
Obligation Bond Proceeds to the Patrick Henry and William Fleming High School
construction projects, amending and reordaining certain sections of the 2004-
2005 School Capital Fund Appropriations and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 189.)
Mr. Dowe moved the adoption of Ordinance No. 36899-11154. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
420
SCHOOLS: A communication from the Roanoke City School Board advising
that at a special meeting on November 11, 2004, the School Board approved a
resolution requesting that Council issue General Obligation Qualified Zone
Academy Bonds (QZAB) in an aggregate principal amount not to exceed
$1,600,000.00 to be used to rehabilitate, repair, and/or equip Fallon Park
Elementary School, was before the body.
It was further advised that the QZAB initiative is a Federal program that
allows lending institutions and schools to form a mutually beneficial partnership
to support education; the program offers bonds, interest-free, and allows a bank
or other lending institution to purchase the special no-interest bond on behalf of
a school; and schools qualify based on their percentage of free lunch students.
Mr. Fitzpatrick offered the following resolution:
(#36900-11].504) A RESOLUTION (i) authorizing the School Board for the
City of Roanoke to repair, rehabilitate or equip Fallon Park Elementary School,
including without limitation the installation of heating, air conditioning and
lighting (the "Project"); and (ii) authorizing and directing the City Manager to file
an application with the Virginia Department of Education seeking an allocation of
authority to issue the City's general obligation qualified zone academy bonds in
an amount not to exceed $].,600,000.00 to finance the Project.
(For full text of resolution, see Resolution Book 69, Page 190.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36900-].11504. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Cutler was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
421
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Council Member Dowe
requested that Council observe a moment of silence at the 7;00 p.m. session in
memory of the late Bishop Antonio Thomas, Pastor, Spirit of Life Church
International, who passed away on Wednesday, November 10, 2004.
SPORTS ACTIVITIES-SCHOOLS-ACTS OF ACKNOWLEDGEMENT: Council
Member Dowe congratulated the William Fleming High School Colonels, winners
of the Blue Ridge District Football Championship.
SCHOOLS: Council Member Lea inquired about the status of the former
Roanoke Academy of Mathematics and Science building.
The City Manager advised that in order to make the land available for the
new Roanoke Academy for Mathematics and Science, the City of Roanoke
relinquished certain park lands and purchased, or made available, other land
under certain conditions with the Federal government. She explained that
structural review of the former building led the school system to believe that it
would not be practical to renovate the building for school use, or for a
continuing reuse by the community; three quarters of a million dollars were
appropriated to the school project in order to construct a full size gymnasium;
and additional monies were made available to enable the former library, now
called the media center, to be enlarged, with the idea that the Roanoke Academy
for Mathematics and Science would be the City's first prototype school that
would be designed for community use during those hours that school is not in
use by students. With additional funding, she added that it is hoped that there
will be increased use of the new school in order to address community needs in
that specific section of the City.
ANIMALS/INSECTS-FIREARMS: Council Member Wishneff inquired as to
whether the deer management contract has been approved by Council. The City
Manager responded that funds have been appropriated and two contracts have
been executed.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
ARMORY/STADIUM-CITY MARKET: Mr. Jim Fields, 17 Ridgecrest Road,
Hardy, Virginia, encouraged citizens to attend a public hearing to be held on
November 16, 2004, at 7:00 p.m., at Lucy Addison Middle School, to provide
input with regard to the futureofVictoryStadium. He stated that the citizens of
the City of Roanoke should make a decision on the fate of Victory Stadium via a
referendum, and suggested that Victory Stadium be promoted for outdoor events
from May-December, with profits to be used for renovation of the stadium.
422
He spoke against a Subway restaurant occupying space in the City Market
Building inasmuch as there are numerous vacant buildings in the Market area
that could be used for a Subway restaurant. He advised that the third floor of the
City Market Building, which is currently vacant, should be used.
DRUGS/SUBSTANCE ABUSE: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
spoke with regard to the proposed methadone clinic on Hershberger Road and
advised that it is regrettable that CRC Health Group is continuing with plans to
establish a methadone clinic at the proposed location, especially in view of the
number of schools, churches and residences in the area. She stated that Blue
Ridge Behavioral Healthcare, which operates out of the Burrell Memorial Nursing
Center, will provide public mental health, mental retardation, and substance
abuse services to residents of Botetourt County, Craig County, and the Roanoke
Valley; the proposed methadone clinic will also provide substance abuse services,
therefore, it is not necessary or desirable for two clinics of this nature to be
located in the community. She stated that urban renewal was used as a reason to
destroy certain northeast and northwest Roanoke neighborhoods; private
property was purchased inexpensively only to be resold and developed as
commercial establishments, which resulted in tears in the fabric of black
communities and a loss of connectivity, community pride, neighborhood
churches, businesses, schools and recreation centers that were within walking
distance. She advised that citizens knew nothing about the proposed methadone
clinic prior to an article that was published in The Roanoke Times, therefore, no
opportunity was afforded for public input or for expressions of concern by
citizens. She referred to an article that was published in The Roanoke Times on
June 20, 2004, in which it was stated that the proposed methadone clinic could
draw addicts from four states to the Roanoke Valley for treatment, which also has
created a concern in the community. She stated that if a methadone clinic was
not an acceptable use in Roanoke County, for the same reasons, the facility
should not be acceptable in the City of Roanoke. She noted that CRC Health
Group, operator of the methadone company that plans to open the facility in
northwest Roanoke, has been citied on 54 occasions for violating state
regulations at six of its clinics in West Virginia.
The City Attorney was requested to investigate the validity of the alleged
citations referenced by Ms. Davis.
COMPLAINTS-CITY GOVERNMENT-YOUTH: Mr. Robert E. Gravely, 727 29'h
Street, N. W., encouraged citizens to attend a meeting to be held on November
30, 2004, at 7:00 p.m., at Lucy Addison Middle School, in connection with
various community concerns. He spoke with regard to the lack of economic
growth in the City of Roanoke, the City's promotion of businesses versus the
overall well being of its citizens, and the need to provide more jobs for
Roanoke's disadvantaged citizens and youth population.
CITY MANAGER COMMENTS:
423
REFUSE COLLECTION-CITY EMPLOYEES: The City Manager commended City
employees who participated in the indoor garage/yard sale that was held on
Saturday, November 13, 2004, in the Exhibit Hall at the Roanoke Civic Center,
which was sponsored by the City of Roanoke, the Western Virginia Water
Authority and the Virginia Cooperative Extension. She advised that the yard sale
was held in recognition of America Recycles Day (November 15) to promote reuse
and to raise money for recycling education efforts in the City.
BUSES-ACTS OF ACKNOWLEDGMENT: The City Manager called attention to
the Greater Roanoke Transit Company Safety Awards Banquet which was held on
Sunday, November 1.4, 2004, at which time awards were presented to public
transit drivers with 34 consecutive years of safety on the road, and two drivers
were recognized for reaching the one million mile mark as operators of City of
Roanoke public transit buses. She commended all employees of the transit
company for the service they provide to the citizens of the Roanoke Valley on a
daily basis.
At 3:20 p.m., the Mayor declared the Council meeting in recess to be
reconvened in Room 1.59, Noel C. Taylor Municipal Building, for two briefings.
The Council Meeting reconvened at 3:25 p.m., in Room 1.59, Noel C. Taylor
Municipal Building.
CITY MARKET: The City Manager advised that a Member of Council
previously raised questions with regard to the City Market; therefore, Mark
Woods, Historic Market Liaison, and David Diaz, Executive Director, Downtown
Roanoke, Inc., participated in a briefing on management of the Farmer's Market
by Downtown Roanoke, Inc.
Mr. Diaz advised that:
· Based upon his travels, Roanoke's downtown market is the best
outdoor market for its size in the United States.
Key factors that make the Farmer's Market special are its central
location in downtown Roanoke; the street network, or the
compact nature of Roanoke's downtown; and avender mix policy
of 60/40--60 per cent farmers and growers and 40 per cent
crafters and others.
· Limitations and challenges involve inclement weather.
A full time market works well on a Monday - Saturday basis, but
in a City of 95,000 in population, there are limits in terms of the
number of people who will shop on the City Market.
424
The key ingredient that is preventing the City Market from
reaching its full economic potential is a decreasing customer
base due to a declining employment base in downtown Roanoke
over the past ten years.
Persons visiting downtown Roanoke get a positive impression due
to not only the Farmer's Market, but an increase in dining and
entertainment options; i.e.: the O. Winston Link Museum, the
Roanoke Higher Education Center, Eight North Jefferson Place,
etc., all of which draw hundreds of people to the downtown area.
Mill Mountain Theatre, Center in the Square, the development of
condominiums, Dumas Center development, and the future art
museum all position downtown Roanoke to become a center for
arts and cultural opportunities over the next 25 years.
Forty-four permanent vendors currently operate on the City
Market, with a total of 59 permits, and the numbers have
remained generally constant during the past few years.
· The City Market does not close due to inclement weather.
An investment plan for the Farmer's Market to address
infrastructure and other pertinent needs will be submitted in the
near future.
Two key obstacles to the future success of the Farmer's Market
are investing in the infrastructure and increasing the employment
base in downtown Roanoke.
In closing, Mr. Diaz advised that Downtown Roanoke will work with City
staff to prepare an investment plan for the City Market; studies are currently
underway to identify strategies for downtown employment and to recruit
companies to locate in downtown; a Downtown Roanoke office listing was
included on the web site which generated ].7,000 visitors during the month of
September; and an advertising campaign will be launched at the Valley View
Cinema regarding the Farmer's Market and the City Market area in general.
CITY MARKET: The City Manager introduced Elizabeth Neu, Director of
Economic Development, and a representative of Advantis Real Estate Services
Company, the firm that was engaged by the City of Roanoke to operate the City
Market Building, for a briefing on day to day operation of the Market Building.
425
Ms. Neu advised that the City of Roanoke entered into a one year Lease and
Management Agreement with Advantis Real Estate Services Company (Advantis)
on March 1, 2003; the Agreement provided for a one-year renewal option;
however, the Agreement was not renewed and Advantis now manages the
property on a month-to-month basis.
She explained that Advantis was selected as the successful candidate after
a detailed search and selection process; the selection committee rejected three
proposals in August 2002; the second request for proposal was issued in
November 2002, with four firms responding; following the interview process, the
top two firms were Advantis Real Estate Services Company and a combined team
of Hall Associates and Downtown Roanoke, Inc.; each firm was scored and ranked
based on their presentation and overall response to the request for proposals;
and the process of competitive negotiation permitted City staff the ability to
negotiate with both firms simultaneously since final scores were close; and as the
selection team learned more about the two plans, the proposal submitted by
Advantis was the first choice.
Ms. Neu explained that Advantis continues to perform at an acceptable
level; maintenance of the facility has improved significantly; Advantis is currently
in the process of replacing the janitorial contractor in an effort to continue to
provide the best possible service for the property; and Advantis has been
instrumental in assisting the City with the installation of the new HVAC project
and handled all efforts involving the relocation of the electric service out of the
basement of the building to avoid future damage due to flooding.
Tim Allison, Area Manager, Advantis Management Services Company,
advised that in addition to numerous property issues, Advantis has worked with
tenants to resolve a number of tenant issues, specifically the common area
maintenance (CAM) fee; in addition to rent, each tenant pays a monthly CAM fee
to cover costs associated with maintaining the common areas of the property; in
revamping the CAM fee, Advantis has proposed a flat fee that would be increased
only when the lease is renewed and would be negotiated along with the rent;
administering the CAM in this manner is different from the traditional method of
annual reconciliation which requires each tenant to paya pro-rata share of actual
expenses; the flat CAM method ensures that tenants are not over burdened by
excessive maintenance charges; and the CAM fee and language in the lease
regarding the fee was changed to address specific concerns raised by tenants.
He advised that Advantis has forwarded each tenant an addendum to their
current lease agreement in an effort to update the CAM fee and accompanying
language in the lease, and Advantis will continue to work with tenants to resolve
remaining problems regarding the CAM fee; and adjustments made by Advantis
in the Lease Agreement included specifically spelling out what is included in the
CAM charges and adding a paragraph to the agreement that states, "excluded in
the common area costs will be capital costs to replace the HVAC system, replace
the roof, replace sidewalks and other capital accounts."
426
Mr. Allison advised thatAdvantis has renewed a total of six leases with
existing tenants and signed two leases with new owners; three leases are
currently in negotiation; Advantis has worked with an existing tenant to open a
new food court space in the property and is working with another tenant on the
possibility of expanding into an adjacent space; there are currently two vacant
tenant spaces on the first floor; over the past few months, Advantis has
continued to market available space in the Market Building, but signing new
leases for vacant space is hindered by the construction project, and the two
vacant spaces continue to be used by contractors for the HVAC construction
project.
Ms. Neu advised that HVAC construction at the City Market Building is
progressing; most of the new mechanical equipment has been installed and most
of the direct interruptions to tenant spaces are complete; however, some
businesses have expressed a concern that business activity has been somewhat
slower during the construction period; when a business is directly impacted by
the construction project, the rent is abated for the time that the business must
be closed, and while most tenants are pleased with the progress of the
construction project, some tenants have been impacted more significantly than
others; and City staff and the management company will continue to work with
tenants to ensure that all concerns are quickly and adequately addressed.
She stated that Advantis has provided City staff with an extensive list of
recommended building improvements; some improvements are currently
underway, while others cannot be started until additional funding is available; in
addition to the $1.6 million HVAC replacement project and $295,000.00 in other
capital repairs and replacements authorized by Council, the City's General Fund
supplemented the operating budget for the Market Building Fund by $74,000.00
in fiscal year 2004; considering these three expenditures, the General Fund has
subsidized the property by $1,969,000.00 since January 2003; during the time
that the previous management firm managed the property, a number of
maintenance and capital items were not addressed which now require the City's
attention; and during this period, the City continued to address maintenance and
capital repairs at the request of the previous management firm totaling
$275,000.00.
Kelly Crovo, owner, Red Coyote Mexican Grill, located in the City Market
Building, advised that the City Market Building has been neglected by the City,
the previous and current management companies, therefore, Market Building
occupants should not be expected to pay for repairs. He stated that he is
currently paying $48.00 per square foot, yet requests for repairs to his space
have not been addressed byAdvantis. In summary, he stated that the Market
Building is the City's asset, it is not the responsibility of tenants to upgrade the
building, he currently pays a high rate per square foot for space and should not
be expected to pay for building renovations. He advised that if a Subway
restaurant is allowed to open in the Market Building, it would be equivalent to a
Kroger or a Ukrops operating on the Farmer's Market.
427
River Bonhotel, Co-owner of the local Subway franchise, advised that his
lease for the Subway restaurant at 102 South Jefferson Street will not be
renewed, therefore, he previously approached representatives of Advantis with
regard to locating in a vacant perimeter space in the City Market Building under a
ten year lease arrangement. He stated that there is little or no profit to be made
in downtown Roanoke due to the lack of business and pedestrian traffic, and
expressed dismay with regard to concerns expressed by City Market Building
tenants regarding competition with a Subway, inasmuch as a Subway restaurant
would represent another food choice, and a Subway restaurant is currently
located just one block away from the City Market Building. He noted that any
customers coming to the City Market Building because of a Subway restaurant
could and would do business with other City Market Building food vendors in the
event of an over flow. He added that Subway is a national food chain which
advertises extensively, and there is a level of comfort for out of town visitors
when they see a restaurant that they recognize, therefore, a Subway restaurant
could draw more people to the area who will spend their money with other City
Market Building vendors. He stated that competition causes business
owners to operate more efficiently and to upgrade their facilities; Subway is open
until 7:00 p.m., each evening in an effort to develop a customer base, while
other businesses in the City Market Building close at 2:00 p.m. In closing, he
advised that Subway would like to think of itself as a good alternative and a good
corporate citizen that donates thousands of dollars to various worthwhile causes
in the Roanoke Valley.
Mr. Jens Rasmussen, 1623 Bluemont Street, S.W., advised that having lived
and worked in downtown Roanoke, he is impressed with the vision of City leaders
to recognize the downtown area as one of the premier cultural destinations for
southwest Virginia. He stated that opening the City Market Building to a national
food chain restaurant would do harm to the City Market area in general, and
asked that the City Market Building and the City Market Square be maintained as
a unique and vibrant expression of the Roanoke community and not a reflection
of corporate food chains similar to what has happened in and around Times
Square in New York City where various national food chains have been allowed to
operate.
Phil Ful, owner, New York Subs located in the City Market Building, spoke
against locating national food chains in the City Market Building. He advised that
New York Subs has operated in the City Market Building since the food court
concept was established, and there are good tenants in the City Market Building
who deserve to have the backing of the management company. He called
attention to portions of the Market Building tenants lease agreement regarding a
non-compete clause, and advised that he is not against a Subway restaurant per
se, but not in the City Market Building.
428
Mr. Ful presented petitions signed by residents of and outside of the
Roanoke Valley in opposition to locating national chain restaurants in the City
Market Building which will stifle the diversity that currently exists; persons who
work and live in the downtown Roanoke area need inexpensive alternatives to
corporate giants; independent restaurants and other independent businesses
make downtown Roanoke an interesting and unique place for visitors;
independent businesses allow more people to engage in the local economy, while
not passing along a homogenized product allowing the wealthy few to reap the
profits; independent businesses give back to the community in ways that
corporations are not willing to do so; uniformity is not progress; and to allow
chain restaurants to locate in the City Market Building would cause current
vendors to go out of business and would forfeit the uniqueness that current
tenants of the City Market Building now claim.
Anita Wilson, President, City Market Building Association, advised that a
Subway restaurant does not belong in the City Market Building; some Market
Building vendors have made substantial improvements to their stalls and take
great pride in the service they provide and the uniqueness of the Market
Building. She stated that the City Market Building has been successful and will
continue to be successful without a national food chain restaurant; and
clarification is needed on lease agreements with the current management
company.
Rupert Bonhotel, Co-owner of the local Subway franchise, advised that
Subway would like to be a part of the City of Roanoke; it is disturbing to know
that no national chain restaurants are located in the City Market Building; and
Subway would provide an anchor to the Market Building with a ten year lease. He
stated that it is comforting for a potential customer to drive by and see a
restaurant that he or she is familiar with. Before making a decision, he
requested that Council visit the Subway location at 4203 Plantation Road, N. W.,
to see the Tuscany d~cor which is proposed for the City Market Building. He
challenged the City of Roanoke to identify a location close to the City Market
Building for a Subway restaurant with the same reasonable rental rate and square
footage that the City Market Building would offer.
There was discussion with regard to:
· The fine line between exclusion and competition.
· The availability of space in downtown Roanoke for a Subway
restau rant.
The need to address the non-compete clause in certain
Market Building leases, while other leases do not contain a
non-compete clause.
429
· Efforts to recruit ethnicity type restaurants to the City Market
Building.
· Efforts to replace restaurants leaving the Market Building with
similar types of restaurants.
· Expectations of the management company.
· Common area maintenance fees (CAM).
· Management issues in the City Market Building.
The lack of a built in financial structure to enable the Market
Building to be a successful investment venture for out of town
investors.
· The City Market Building has acted as a retail incubator for
restaurateurs.
· The uniqueness of the City Market Building should be
maintained.
A strategic plan is needed for the City Market Building and the
Farmer's Market and the relationship of the various
components; i.e.: property values, future vision, and ways to
make the City Market area more pedestrian friendly, etc.
Mr. Wishneff moved that Council hold in abeyance any lease agreement
witha national food chain for rental of space in the City Market building; that
the City Manager be requested to report to Council with regard to development
of a broad strategic plan for the City Market/City Market Building, including
renovations, future of the Market Building, and a funding subsidy; and that the
City Manager be further requested to address management issues relating to the
City Market Building. The motion was seconded by Mr. Lea and unanimously
adopted.
At 5:20 p.m., the Mayor declared the Council Meeting in recess for two
Closed Sessions to convene at 5:30 p.m., in the Council's Conference Room,
Room 451, Noel C. Taylor Municipal Building.
At 6:15 p.m., the Council Meeting reconvened in the City Council Chamber,
with all members of the Council in attendance, except Council Member Cutler,
Mayor Harris presiding.
430
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Fitzpatrick moved that each Member of City Council certify to the best of his or
her knowledge that: C~) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act; and
(2) only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneffand
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
Council Member Cutler was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there
~s a vacancy on the Youth Services Citizen Board created by the resignation of
Elvah D. Taylor; whereupon, he opened the floor for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Ernestine Garrison.
There being no further nominations, Ms. Garrison was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31, 2006, by
the following vote:
FOR MS. GARRISON: Council Members Dowe, Fitzpatrick, Lea, McDaniel,
Wishneff and Mayor Harris ............................................ 6.
(Council Member Cutler was absent.)
OATHS OF OFFICE-ZONING-COMMITTEES: The Mayor advised that the four
year terms of the office of Kermit E. Hale and Benjamin S. Motley as members of
the Board of Zoning Appeals will expire on December 31, 2004; whereupon, he
opened the floor for nominations to fill the vacancies.
Mr. Fitzpatrick placed in nomination the names of Kermit E. Hale and
Benjamin S. Motley.
There being no further nominations, Mr. Hale and Mr. Motley were
reappointed as members of the Board of Zoning Appeals, for terms ending
December 31, 2007, by the following vote:
FOR MR. HALE AND MR. MOTLEY: Council Members Dowe, Fitzpatrick, Lea,
McDaniel, Wishneff and Mayor Harris .................................... 6.
(Council Member Cutler was absent.)
431
At 6:20 p.m., the Mayor declared the Council meeting in recess until
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, November 15, 2004, the Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Mayor C. Nelson Harris presiding.
PRESENT: Council Members AIfredT. Dowe,Jr.,BeverlyT. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson
Harris .............................................................. 6.
ABSENT: Council Member M. Rupert Cutler ......................... 1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by Council Member Alfred T. Dowe, Jr.
A moment of silence was observed in memory of Bishop Antonio Thomas,
Pastor, Spirit of Life Church International, who passed away on November 10,
2004.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Preston A. Waldrop that property located at
3830 Keagy Road, S. W., identified as Official Tax No. 5130117, be rezoned from
RS-l, Residential Single Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
T/rne$ on Friday, October 29, 2004, and Friday, November 5, 2005.
The City Planning Commission submitted a written report advising that the
petitioner filed a request to conditionally rezone Official Tax No. 5130117 on
September 2, 2004, subject to the following proffered conditions:
432
The property will be used only for a medical office or medical clinic.
The property will be developed substantially in accordance with the
site plan attached to the petition as Exhibit C, subject to any
changes required by the City of Roanoke during site development
plan review.
The building to be constructed on the property will be in substantial
conformity with the elevations attached to the petition as Exhibits D
and E.
All exterior lighting in the parking area at the rear of the building
will be recessed into the walls surrounding the parking area, and no
source of light will be located above the top of the tallest section of
the wall.
It was advised that the petitioner proffers the use of a medical office/clinic;
physician offices in general are not intensive uses and are compatible in
residential areas; the uses are characterized by Monday through Friday daytime
hours and generally lower traffic generation for a commercial activity.
The City Planning Commission 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. 513, Sectional ].976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by
the applicant; and dispensing with the second reading by title of this ordinance."
Mr. Dowe moved the adoption of the above referenced ordinance. The
motion was seconded by Mr. Fitzpatrick.
Daniel F. Layman, Jr., Attorney, representing the petitioner, advised that:
The petitioner began the rezoning process by holding a
meeting with representatives of the Greater Deyerle
Neighborhood Association, and following the meeting, the
services of a nationally known physician's office design
consultant was engaged. The recommendation of the
consultant was to reduce both the size and the scale of the
building from ].0,000 to approximately 8,700 square feet and
to reduce the size of the building from two stories to a one
and one-half story structure.
433
Proposed building design changes were presented to the
neighborhood and received a negative reception; however, the
position of the neighborhood has more to do with general
principle than with specific merits of the project.
The dominant physical feature of the entire area is Lewis Gale
Hospital, which is an economic engine that attracts similar
uses such as physician's offices, medical laboratories,
rehabilitation centers, etc., all of which have the advantage of
being soft commercial uses, creating less traffic, less noise,
and less lights than other kinds of commercial uses, and are
generally regarded as ideal buffering or transitional uses
between commercial areas and residential areas. If the City of
Roanoke is to have any benefit from the spin off effect of
Lewis Gale Hospital, development must occur along Keagy
Road.
The proposed building will be valued at ten times the value of
the current structure and generate additional jobs by the
addition of two physicians and three to four professional
medical positions for each physician.
Specific objections cited by neighborhood representatives to
the proposed rezoning include traffic, lights and noise. The
building is intended to house four orthopedic physicians and
].2 staff, with the possibility of later expanding to five
physicians; the facility will be hospital oriented, observe
regular hours of operation from 8:00 a.m. to 5:00 p.m.,
Monday through Friday, with no evening or weekend hours;
the City's Traffic Engineer has projected a maximum of 300
trip generations per day from the property, which, in a nine
hour day, would represent one car approximately every minute
and 48 seconds or less.
The petitioner and his associate currently occupy an office to
the east of Lewis Gale Clinic, therefore, two of the doctors and
their staff and patients are presently located at the site and
would not generate new traffic.
The petitioner performs surgery at Lewis Gale Hospital two
days per week, therefore, it is unlikely that there would be
four doctors in the building at the same time seeing patients.
A substantial number of patients enter from Route 419, drive
400 feet from the traffic signal to the petitioner's driveway,
and exit in the same direction.
434
All lighting in the parking lot has been proffered to be
recessed in the retaining wall and will be no higher than the
retaining wall.
· The only noise will be the sound of vehicles entering and
exiting the property and car doors closing.
Neighborhood opposition centers around aconcern regarding
the "domino" affect of the rezoning and the perception that if
the proposed development is approved, commercial
development will occur up and down Keagy Road.
Topographical features will control any type of "domino"
affect.
The project is well designed, fits well in the proposed location,
and provides the City with an opportunity to benefit from
certain synergies that are created by Lewis Gale Hospital;
impacts are limited to only one property which is owned by
Ms. Evelyn Wilson, 3820 Keagy Road, S. W.; impacts are not
entirely negative because Ms. Wilson's house is 50 feet or less
from the house that is currently on the property and when the
structure is demolished, the view from Ms. Wilson's house will
be of a green buffer, and her property will be 170 feet from
the nearest point of the petitioner's building.
The highest and best use of the property is a medical office
building which is compatible with Lewis Gale Hospital and can
be attained without any threat to the neighborhood.
Storm water management will be addressed through a system
of underground pipes allowing water run off to be collected,
stored and trickle down to a ditch on Keagy Road.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing; whereupon, the following persons
addressed Council.
Mr. Bob Caudle, 4231 Belford Street, S. W., referred to the City's
Comprehensive Plan and advised that the City's future is a continuing process
with each neighborhood plan having been developed as a way to continue
and to implement the vision for Roanoke's future as a City of
neighborhoods; and the success of the Comprehensive Plan depends on
the partnership efforts and strong commitment of both the neighborhoods and
the City working together toward a better future for the City of Roanoke.
435
He called attention to overwhelming opposition by the Greater Deyerle
neighborhood with regard to the proposed rezoning and expressed concern over
the appearance of the proposed building which looks more like a mausoleum or
a funeral home than a structure that will blend in with the remainder of the
neighborhood. On behalf of those residents who pay approximately
$].,750,000.00 a year in real estate taxes to the City of Roanoke, he asked that
the request for rezoning be denied.
Ms. Evelyn Wilson, 3820 Keagy Road, S. W., owner of property adjacent to
the property which is the subject of the proposed rezoning, advised that she
purchased the property in ].952 and has resided in the house since 1959. She
spoke against the proposed rezoning for the following reasons:
A large number of trees have been planted for privacy purposes
which will be destroyed, or partially destroyed, by building
excavation.
· The trees provide a buffer between her property and noise from
Lewis Gale Hospital.
· There will be an increase in traffic and a decrease in property
values.
She requested that residents of the area be allowed to live in peace and
privacy without the addition of more businesses.
Paul Glassbrenner, 522]. Medmont Circle, S. W., President of the Medmont
Lake Neighborhood Association, and owner of property abutting the southeast
side of the petitioner's property, spoke in opposition to the request for rezoning.
He stated that the 1986 Roanoke Vision Plan and the Vision 2001-2020 Plan
advocates preservation and enhancement of existing neighborhoods and
recommends efforts to support neighborhood preservation. He advised that the
Greater Deyerle Neighborhood Plan, adopted by Council in 1990, states that the
neighborhood is a stable, residential community and that good quality housing
plays a major role in the City's economic health; and the Plan also states that the
City encourages the maintenance of stable neighborhoods, which is reflected in
the above average property taxes paid by property owners in the area. He added
that in ].976, residents petitioned the City of Roanoke to annex the area from
Roanoke County because it was believed that the City would provide the
neighborhood with better services and improve the quality of life, and since
annexation, residents have chosen to live in the area because of the natural
beauty and the rural atmosphere of surrounding neighborhoods. He stated that
residents are concerned about the quality of life that they have chosen for their
families, and the possible commercialization of Keagy Road, which will decrease
property values and negatively impact their quality of life. He advised that under
consideration by Council is not a project that will save the City of Roanoke from
financial ruin, or a project that will have great humanitarian value, but the case of
436
a doctor whose office is currently within walking distance of a hospital who wants
the convenience of walking across the street from his office to Lewis Gale
Hospital. He called attention to other large and open space lots in the area and
expressed concern that there could be future efforts to commercialize Keagy
Road. He referred to an agreement between the City of Roanoke and the Greater
Deyerle Neighborhood Association with regard to mitigating traffic volumes in
the area when such exceed a preset volume; since the agreement was entered
into traffic counts have exceeded the pre set volume for the last four out of six
traffic counts; and the City's Traffic Department has provided an estimated
traffic count of an additional 300 cars per day if the request for rezoning is
approved which will push traffic volumes well beyond the 25 per cent level. He
stated that additional traffic will cause vehicles to back up further on Keagy
Road, making it more difficult for residents to exit on Keagy Road. In closing, he
advised that the proposed development brings nothing beneficial to the
neighborhood, but will be detrimental to the neighborhood by encouraging
further commercialization along Keagy Road; the rezoning will decrease property
values; Keagy Road does not meet the commercial village definition as described
in the Vision 200].-2020 Comprehensive Plan; the proposed rezoning would be
in violation of the Greater Deyerle Neighborhood Plan, and most importantly, the
rezoning would represent spot zoning. On behalf of the Medmont Lake
Neighborhood Association, he requested that the property remain residential.
Mr. John Bolosin, 5312 Medmont Circle, S. W., spoke against the request
for rezoning and cited a decrease in property values. He called attention to over
$2 million of taxable, residential income in the area, compared to a building that
could cost in the range of $700,000.00 - $800,000.00, therefore, property
owners pay more than two and one half times the benefit to the City of Roanoke
in tax revenues. He added that there is no justification for the proposed
rezoning, residents were previously promised by Council that the City would help
to maintain the residential character of the neighborhood; and residents have
invested over $2 million in residential improvements and are concerned that the
proposed commercial building will decrease the value of their property and lead
to more commercialization of Keagy Road.
Mr. David Harrison, 5305 Medmont Circle, S. W., expressed concern in
regard to the "domino" affect that the proposed rezoning could have on the
neighborhood. He referred to the City's Vision 200].-2020 Comprehensive Plan,
the Greater Deyerle Neighborhood Plan and a contract between the City of
Roanoke and the Greater Deyerle Neighborhood Association. He stated that the
proposed rezoning is not in conformance with the City's Vision 200].-2020 Plan,
and advised that whether the request is for a nicely designed commercial
building appropriate for a commercial lot is not the issue, rather the issue is
whether property that is currently classified as residential should berezoned.
437
He referred to an existing agreement between the City of Roanoke and the
Greater Deyerle Neighborhood Association with regard to traffic on Keagy Road
which requires the City to discuss mitigating measures with the neighborhood if
traffic increases 25 per cent above 1989 levels; in three of the past six years,
traffic has exceeded the 25 per cent level, yet no discussions have been held in
regard to mitigating traffic, and the development proposed by the petitioner will
increase traffic. He also expressed concern with regard to noise and a decrease
in property values and requested that the petition for rezoning be denied by
Council.
Troy Smith, 3749 Chesterton Street, S. W., Vice President, Greater Deyerle
Neighborhood Association, advised that City Council has been a partner with the
neighborhood for many years; the City Planning Commission was aware of the
existing partnership and voted unanimously to deny the request for rezoning;
therefore, it is requested that Council continue to be a partner with the Greater
Deyerle Neighborhood Association and deny the request for rezoning.
There being no further speakers, the Mayor declared the public hearing
closed.
It was noted that the City Planning Commission voted to deny the request
for rezoning; however, staff recommended in favor of the request; whereupon,
the Director of Planning and Community Development was requested to
summarize the position of City Planning staff.
R. Brian Townsend, Director, Planning, Building and Development, advised
that staff primarily looked at the petition for rezoning in terms of the relative
location to the Lewis Gale Hospital complex across Keagy Road; and City staff
focused on the fact that a site plan and elevations were proffered, as well as the
way that development would be situated on the lot, and the fact that the building
was on the street with parking proposed to be slightly over the minimum
required at the rear of the building.
There was discussion with regard to a previous undocumented agreement
with the neighborhood in connection with approval ofa rezoning for Valley Bank,
located at the corner of Keagy Road and Route 4].9, that would prevent further
commercial zoning down Keagy Road which was an effort on the part of the City
to address concerns of the Medmont Lake Neighborhood Association and the
Greater Deyerle Neighborhood Association; the rezoning could lead to more
commercialization of the Keagy Road area; an increase in traffic; the appearance
and building design of Lewis Gale Hospital and that the corner of Route 419 and
Keagy Road is under the jurisdiction of the City of Salem, Roanoke County and
the City of Roanoke; the encouragement of more commercial business into the
area through a "domino" affect if the rezoning is approved; and quality of life
issues for the surrounding neighborhoods.
438
Following discussion, the above referenced ordinance was lost by the
following vote:
AYES: Council MemberWishneff .................................. 1.
NAYS: Council Members Dowe, Fitzpatrick, Lea, McDaniel, and Mayor
Harris .............................................................. 5.
(Council Member Cutler was absent.)
Council Member Wishneff advised that while he was interested in
residential growth and an increase in property values, he would support the
request for rezoning inasmuch as it could be the end of commercial development
along Keagy Road, and the proposed rezoning provides a good transition into the
neighborhood, rather than the beginning of a "domino" affect.
BUDGET-CMERP: Pursuant to Resolution NO. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke to adjust the aggregate
amount of the Fiscal Year 2004-2005 Technology Fund Budget, in an amount not
to exceed $716,270.00, in connection with appropriation of funds for the Capital
Maintenance and Equipment Replacement Program for Technology, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 5, 2004, and in The Roanoke Tribune on Thursday,
November 4, 2004.
A communication from the City Manager advising that the Information
Technology Committee (ITC) has completed its review of technology projects and
equipment needs throughout the organization and has developed a list of
recommendations designed to meet the goals of the Information Technology
Strategic Plan; an attachment to the communication provides supporting detail
and cost information for each of the needs; and all items will be purchased in
accordance with requirements established by Chapter 23.1, Procurement, of the
Code of the City of Roanoke, 1979, as amended.
It was further advised that the Department of Technology's Internal Service
Fund currently has retained earnings available for appropriation in the amount of
$416,270.00 that can be allocated for technology needs; and additional funding
in the amount of $300,000.00 is available from the following sources:
439
· School Fund - Year two of five (a total $150,000.00
fund commitment of $1.5 million for Financial
Application Systems Project, which represents
a second installment of $150,000.00 for Year
two).
· Current Year Capital Maintenance and
Equipment Replacement Program
$150,000.00
Total: $ 300,000.00
The total of all funding sources available for
appropriation is
$716,270.00
The City Manager recommended that Council adopt an ordinance to
appropriate funding to new or existing project accounts to be established by the
Director of Finance to support strategic technology needs and enhancements.
Mr. Fitzpatrick offered the following ordinance:
(#36901-111504) AN ORDINANCE to appropriate funding to various
technology projects, amending and reordaining certain sections of the 2004-
2005 General and Department of Technology Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 192.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36901-111504. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 36901-111504 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDanieI, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Cutler was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
440
CITY MARKET: Mr. GaryHarkrader, 2928 Rosalind Avenue, S.W., spoke
with regard to the uniqueness of the City Market Building where merchants and
restaurants offer a variety of food choices and wares, which he referred to as
"upscale dining on a paper plate". He called attention to numerous store fronts
in the downtown area that would be suitable for a Subway restaurant, and
encouraged the City to maintain the current unique character of the City Market
Building with local specialty type restaurants.
There being no further business, the Mayor declared the Council meeting
adjourned at 8:2S p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
441
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 6, 2004
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
December 6, 2004, at 9:00 a.m., in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36193-010603 adopted
by Council on January 6, 2003, which changed the time of commencement of
the regular meeting of Council to be held on the first Monday in each month
from 12:15 p.m. to 9:00 a.m., and pursuant to Resolution No 36762-070604
adopted by Council on Tuesday, July 6, 2004, which established the meeting
schedule for the fiscal year commencing July 1, 2004 and ending June 30,
2005.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Brenda L. McDaniel, Brian J. Wishneff (arrived late), M. Rupert Cutler, Alfred T.
Dowe,Jr., and Mayor C. Nelson Harris ................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, and to interview applicants for vacancies on the City Planning
Commission, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene iF Closed Meeting as above described. The motion was seconded by
Mr. Cutler~and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Wishneff was not present when the vote was recorded.)
442
At 9:05 a.m., the Mayor declared the meeting in recess for three interviews
for vacancies on the City Planning Commission, to be held in the Council's
Conference Room, Room 451, Noel C. Taylor Municipal Building.
At 10:35 a.m., the Council meeting reconvened in Room 159, Noel C.
Taylor Municipal Building, with all Members of the Council in attendance.
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M.,
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
SEWERS AND STORM DRAINS-CONSULTANTS REPORTS: Philip C. Schirmer,
City Engineer, presented a briefing on storm water capital projects and the storm
water utility feasibility progress report. He introduced Douglas Mosely and
Elizabeth Treadway, representing AMEC Earth and Environmental, Inc., to present
portions of the briefings.
The City Engineer advised that the Vision 2001-2020 Comprehensive Plan
provides that the City of Roanoke will protect the environment and ensure quality
air and water for the citizens of the region; special emphasis will be placed on
the Roanoke River and its tributaries; and storm water management will be
addressed on a regional as well as a local level.
Vision 2001-2020 actions include:
· Limit impervious surface to limit runoff.
· Plant natural vegetation, preferably indigenous native species, on
land adjacent to the Roanoke River.
· Ensure integrity of storm and waste water systems.
Protect and stabilize stream banks by controlling storm water
flow and preventing discharge through vegetative buffers,
bioengineering and other related methods.
Protect the shorelines of the Roanoke River, enhance their scenic
quality and protect water quality through a river quality
conservation district and other appropriate tools.
443
Mr. Schirmer stated that the drainage problem in Roanoke deals with
Roanoke's geography and its location within the watershed; surrounding
watersheds draining through Roanoke are in excess of 500 square miles, or
320,000 acres of drainage that comes through from the tributaries of the
Roanoke River; and the City of Roanoke consists of about 43.02 square miles,
therefore, the watershed surrounding Roanoke is nearly ten times the
geographical area of the City.
The following information was provided on major watersheds within the
City of Roanoke and the percentage of the amount of watershed that lies within
the jurisdictional boundaries of Roanoke, which indicates that most of the
watersheds are outside of Roanoke's jurisdictional boundaries; therefore, storm
water needs to be a regional approach in order to be effective.
Roanoke River - 10 per cent
Tinker Creek - 20 per cent
Peters Creek - 50 per cent
Garnand Branch - 85 per cent
Ore Branch - 60 per cent
Trout Run - 100 per cent
Lick Run - 95 per cent
Mudlick Creek - 30 per cent
Murray Run - 50 per cent
Glade Creek - 10 per cent
Murdock Creek - 95 per cent
Barnhardt Creek - 30 per cent
it was noted that the challenges facing Roanoke include periodic flooding
downtown, flooding along rivers and streams, nuisance flooding of yards and
streets, property damage, aging infrastructure, and inadequate capacity in many
existing drains.
A document entitled, Storm Drain Capital Projects, totaling 147 projects
listed in priority order, including $57 million in identified projects ranging from
$5,000.00 to $1! million, was reviewed.
Information was presented on the criteria for ranking projects; i.e.: health
and safety issues, the number of people who will be affected by the project, the
potential for damage from structure flooding or other flooding, projected costs,
frequency of flooding, economic impact, size of the area, etc.
The City Engineer noted that approximately 64 projects are small scale
projects, or less than $100,000.00, 54 projects fall into the category of
$100,000.00 - $500,000.00, and less than one fourth of the projects total
$500,000.00 - $1 million. He explained that a big impact can be made by
working on some of the smaller projects ($100,000.00 projects), rather than the
multi million dollar projects, and no one project in the City of Roanoke will solve
all of the City's drainage problems because they are scattered City-wide.
444
Following a review of approximately 15 years of financial data for the City,
Mr. Schirmer noted that storm drainage has been funded as follows: no annual
General Fund allocation for storm drain capital projects, bond funding averages
$700,000.00 per year and CMERP funding averages $50,000.00 per year, or a
total of $750,000.00 per year, which includes improvements to storm drainage in
the Williamson Road area, Statesman Industrial Park and the Peters Creek Flood
Reduction project.
The City Engineer advised that based upon historical averages of
$750,000.00 per year, it will take more than 70 years to meet currently identified
storm drain capital project needs, while project demands grow each year;
Roanoke's storm drain infrastructure is nearing its useful life and future needs
are expected to increase; and water quality regulations will increase funding
needs.
Douglas Mosely, representing AMEC Earth and Environmental, Inc., advised
that:
· The City of Roanoke has studied storm water management issues
and funding periodically since 1995.
There has been a renewed City focus on storm water
management in regard to storm water capital needs,
infrastructure maintenance and replacement and water quality
mandate; and program funding is the key element to service
delivery.
The City entered into a contract with AMEC Earth and
Environmental, Inc., to complete a two phase storm water utility
fee feasibility study, which will include a programmatic phase and
a data development and analysis phase.
The programmatic phase will determine the level and extent of
storm water management services based upon community needs
and capital improvement programming.
The data development and analysis phase will evaluate data
needed to determine an equitable allocation of the cost of
service; and the study is designed to help the City reach a
decision point concerning implementation of a storm water utility
fee.
Elizabeth Treadway, also representing AMEC, Earth and Environmental, Inc.,
discussed the two phase approach and project schedule:
445
The level and extent of service should meet community services
needs and expectations, addressing infrastructure including CIP
backlog and maintenance, meet unfunded regulatory
requirements, enhance floodplain management and flood
mitigation capabilities and riparian habitat protection and
restoration.
Data development and analysis will create a digital image of
impervious features, determine the demand that impervious
features place on the storm water management system, establish
a potential billing unit for storm water utility, examine potential
billing policies and investigate possible billing mechanisms.
Project timeline for December -January:
Service level meetings will include establishing the program
vision, defining level and extent of service, quantifying capital
improvement programming needs and estimating potential
cost of service.
Finance policy meetings will address who should pay, what is
the cost of storm water service, what are the billing
options/mechanisms, what should the utility rate base be
(estimated), and what credits should be considered.
Council briefings will include presenting findings from staff
workshops/discussions, a discussion on data/billing unit
findings, and Council will be advised of key decision points.
Data tasks include analyzing existing data, developing
impervious layer and calculating billing units.
The final report will include
presentation of options and
decision points.
a compilation of findings,
a final Council briefing on
Other Virginia localities that have implemented a storm water fee
include Norfolk, Virginia Beach, Portsmouth, Newport News,
~ampton, Chesapeake and Prince William County.
The final report will be completed in February 2005 and will
include: development of a programmatic vision for storm water
management with specific focus on drainage CIP buy-down, and
highlight current and future challenges; and geographic and
billing system data will determine the appropriate cost allocation
strategy, recommended rate and billing structure and revenue
generation potential.
446
Discussion by Council:
The program should be integrated with other City
projects/programs, such as flood reduction, greenways, parks,
riparian rights, commercial development, potential role of the
Western Virginia Water Authority, opportunities for Iow impact
development, rain gardens, daylight streams and permeable
pavement to improve quality as well as quantity.
Capital construction/long term maintenance costs should be
minimized through actions that are more environmentally
appropriate by acquiring and opening drainage areas; i.e.: flood
plains, flood ways, etc.
In those localities where storm water management fees have been
enacted, are citizens more positive when they see the obvious
benefits? Ms. Treadway responded that the shift of funding into
a dedicated resource for which there is a stable and predictable
outcome provides staff and Council with the opportunity for Iow
impact development, rain gardens, daylight streams and
permeable pavement, etc.; it enables the storm water program to
be placed on sound ground, financially; the kinds of service that
the community values can be delivered without competing
against other important City priorities; and the long term
outcome over the period of a generation is the kind of change
that takes place and will consistently take place while meeting
community expectations.
Is there a linkage with Roanoke County in terms of plans, funding
and consultancy? The City Manager responded that when a staff
committee was appointed to work with the consultant on storm
water management issues, representatives from neighboring
jurisdictions were invited to participate on a regional level from
the outset; however, those jurisdictions took a "wait and see"
approach, while acknowledging the need for storm water
management in the community, and if the City is successful in its
approach and implementation ora storm water management fee,
other localities may participate later. She called attention to
those communities that were required to address storm water
management much sooner than the City of Roanoke; and while
there is some immediate improvement to specific neighborhoods,
the real benefit comes through a regional network and a regional
solution. She stated that as the City of Roanoke continues to
process its own project, the City Engineer and others continue to
meet with their counterparts with the hope that if those
jurisdictions do not join the City of Roanoke at this time, theywill
replicate the process in the future leading to a long term regional
solution.
447
Attention was called to a location on Cove Road, Wellesley
Avenue and Abbott Street, N. W., that is prone to storm water
build up, and it was suggested that the area be investigated for
possible inclusion in the list of storm drain projects.
Do engineering plans exist outside of the City of Roanoke that
would help to alleviate storm water problems? Would it be
advantageous for City representatives to meet with officials from
those jurisdictions that have flood water that flows into the City
of Roanoke?
There is an opportunity for partnerships with private entities,
such as land trusts, to address conservation easements on
watersheds and along streams on the watersheds to slow down
flood water; and the City has provided grants to the Western
Virginia Land Trust, which is headquartered in Roanoke, to
educate persons in the Catawba Valley since Catawba Creek, as
well as Tinker Creek, supplement the natural flow into the
Carvins Cove Reservoir.
(Council Member McDaniel left the meeting.)
HOUSING/AUTHORITY: The "C2C (Cradle to Cradle) Home" is an
international home design and construction competition which is conducted by
the Council of Community Services through Smith-Lewis Architecture; the
purpose of design competition is to design and create affordable and other
housing that is energy efficient, based on sustainable and reusable materials and
relies on innovative manufacturing techniques and technology; and the City of
Roanoke will reimburse the Council of Community Services up to $100,000.00
for planning activity and land acquisition costs related to the design competition
and the City intends to use Community Development Block Grant funds currently
designated for the "Multi-Unit Affordable Rental Housing Project" which will be
replaced at a later date.
Greg Lewis, representing Smith-Lewis Architecture, Manager of the Cradle
to Cradle competition advised that:
Registration for the competition closed on November 1, 2004,
and more than 1,125 registrations were received from more than
40 countries throughout the world.
The objective of the competition is to encourage the academic
community, nationally, to look at issues of affordable housing as
it relates to sustainable design and development.
448
As a result of the City's efforts, 81 universities throughout the
world are now actively looking at designing affordable,
sustainable and architecturally appropriate infill housing for the
City of Roanoke.
The Cradle to Cradle competition is a unique opportunity for
Roanoke because university teams representing thousands of
professional designers from across the United States and abroad,
both current and future, are looking at the City of Roanoke and
Roanoke's housing issues which are no different from those of
other cities throughout the United States and abroad.
Competition is intended to address the design/build concept and
it is hoped that designs will be appropriate in avarietyofways to
the extent that a large number of housing designs can be
constructed. The goal is to construct at least 30 houses.
The deadline for housing designs is December 15, 2004, at
5:00 p.m.
All entries will be photo copied and electronically forwarded to
jurors which will allow them to make initial recommendations
from the total pool of entries; and jurors will submit their top 50
choices from the total pool of approximately 250 submissions
that will be on display at the Art Museum of Western Virginia in
January 2005.
The jury will convene in Roanoke on January 12-13, 2005, at
which time they will vote on final designs.
A workshop is tentatively scheduled for February 2005 with
building science professionals throughout the country to develop
construction documents.
Approximately $250,000.00 in building materials will be donated
or pledged for the project.
There is significant interest by the Roanoke Valley Homebuilders
Association and other non-profit groups in constructing some of
the houses.
A design internship will be provided for students from
universities whose designs are selected to enable them to visit
Roanoke and to work on construction of the house(s). This is
similar to a modern day "barn raising" where the community
not only plays host, but various organizations and citizens rally
449
around the project in a community-building spirit by bringing
people together who ordinarily would not work together on a
regular basis, but share a common interest.
A number of entries will be submitted by designers who are more
interested in developing a theory than a house that will actually
be constructed.
· The charge is to use the most appropriate designs and to
construct houses for the citizens of Roanoke.
Discussion by Council:
How can the City of Roanoke be of assistance in hosting the jury
that will come to Roanoke to judge the competition in January
2005? Mr. Lewis responded that the Art Museum of Western
Virginia has offered to support the jury activity and to host an
opening reception for the exhibit; and each person who
registered in the competition will be invited to visit Roanoke in
February, 2005 to participate in discussions with regard to
turning design concepts into houses.
What type of communication should be shared with the affected
neighborhoods? Mr. Lewis responded that he will meet with as
many of the neighborhood associations as possible to provide
information about the program.
Could Habitat for Humanity in the Roanoke Valley construct one
or more of the houses? Mr. Lewis responded that there has been
averbal commitment by Habitat for Humanity to construct one of
the houses from the competition.
In response to a question regarding the availability of land for the
project, the City Manager advised that certain City owned lots and
Roanoke Redevelopment and Housing Authority lots will be
offered for the project; several large land owners in the City have
indicated an interest in participating after reviewing the winning
designs and the City has made Community Development Block
Grant funds available to the project in order to purchase certain
lots that are believed to be appropriate. She stated that all
construction activity should not occur in currently Iow and
moderate income neighborhoods since one of the goals of the
housing strategic planning process is to diversify neighborhoods
and to have less concentration of certain housing income
categories than the City currently has.
450
The Mayor expressed appreciation to Mr. Lewis for his involvement in the
Cradle to Cradle project and encouraged the exploration of other avenues that
could potentially provide long term benefits to the City as a result of the
international housing design competition, such as creation ofacenter composed
of non profit agencies, Federal, State and other institutions, etc. He stated that it
is hoped that the citizens of Roanoke will have an appreciation for what the
Cradle to Cradle competition will mean for the community in terms of bringing to
Roanoke the leading representatives of architectural design from throughout the
United States and abroad.
CITY COUNCIL-SCHOOLS: The Council convened in a joint session with the
Roanoke City School Board at 12:00 p.m., in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., City of Roanoke, with MayorC. Nelson Harris
and School Board Chair Kathy G. Stockburger presiding, for the purpose of
presenting the City of Roanoke 2005 Legislative Program to the City's
representatives to the General Assembly.
CITY COUNCIL MEMBERS PRESENT: Brian J. Wishneff, M. Rupert Cutler,
Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor C.
Nelson Harris ....................................................... 6.
ABSENT: Council Member Brenda L. McDaniel ....................... 1.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Alvin L. Nash, David B.
Trinkle and Kathy G. Stockburger, Chair ................................. 4.
ABSENT: Gloria P. Manns, CourtneyA. Penn and RobertJ. Sparrow ...... 3.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L.
Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall,
Director of Finance; and Mary F. Parker, City Clerk.
Representing the Roanoke City Public Schools: Doris N. Ennis, Acting
Superintendent; Cindy H. Lee, Clerk to the Board; and Richard L. Kelley, Assistant
Superintendent for Operations.
Also present were Delegate Onzlee Ware and Delegate William Fralin.
Chair Stockburger expressed appreciation for the opportunity to meet with
Council arid the City's representatives to the Virginia General Assembly. She
advised that the School Board plans to maximize its use of available State
funding, and extended an invitation to Council Members and to area legislators
to attend School Board meetings and to visit Roanoke's public schools.
Mayor Harris extended condolences to Mr. and Mrs. Hugh Ennis upon the
loss of their son, Hugh, Jr. He expressed appreciation to Mr. Kelley who will
retire from Roanoke City Public Schools on December 31, 2004, for his many
years of service to the school system. He welcomed Delegates Ware and Fralin
and presented each with a coaster engraved with the City's new branding logo.
451
He advised that he, the City Manager, and the Acting Superintendent of Schools
continue to hold positive and constructive monthly meetings to address matters
of mutual interest and concern to Roanoke's school population.
Presentation of the City/Schools 2005 I. eqislative Proqram.
Vice-Mayor Fitzpatrick, Chair, Legislative Committee, expressed
appreciation to Delegates Fralin and Ware for their presence, and to Messrs. Penn
and Lindsay, the School Board's representatives to the Legislative Committee. He
stated that the 2005 Legislative Program has been prioritized in order of
importance; whereupon, he called upon Mr. Kelley to present the School's 2005
Legislative Program.
Mr. Kelley advised that State biennium funding for education increased by
approximately $1.5 billion, Roanoke City School's share was $11.2 million; and
the increase was the result of the State recognizing certain additional costs
associated with meeting the Standards of Quality that were recommended by the
Department of Education and by the JLARC Study, all of which resulted in a
significant amount of additional money and additional positions for Roanoke City
Public Schools. In terms of the $1]..2 million, he stated that for fiscal year 2004-
2005, the increase was approximately $9.3 million, and is estimated at
approximately $1.8 million for next year; and over the past five years, this
represents a significant change in the State revenue articulation which was
previously $3 million and has declined over the past decade to less than
$200,000.00.
Mr. Kelley explained how Roanoke City Public Schools has used the
additional $9.3 million in State funding, which has enabled the Schools to meet
priorities and to enact a number of programs and salary enhancements that were
previously deferred. He stated that the School Board provided an average
teacher salary raise of five per cent; four guidance positions were added at the
middle school level and four nursing positions; the high school seven period day
was implemented which is a $1 million plus initiative; six technology technician
positions were added; the number of preschool classes for four year old students
were increased from 11 to 22; two assistant principals were added, one at the
middle school level and one at the elementary school level; five additional
instructional personnel were added; and debt service was increased by
$700,000.00 in the current year's budget which will help to achieve the objective
of comple,ting the two high school projects by 20].0.
He reported that the legislative priorities include the maintenance and
enhancement of State funding for Standards of Quality in order to continue
progress that has been made to date and to provide additional funding for the
State's share of the Standards of Quality; and to continue the joint partnership
with the State to improve Iow performing schools and to restore the fiscal
integrity of the State Literary Loan Fund in order to make timely reimbursement
for school construction funds. He stated that the School Board is requesting the
funding of key positions as recommended by the State Department of Education,
which is particularly important for positions required for remediation as
452
recommended by the State Board of Education; it is hoped that the State will not
offset the basic aid formula, sales tax increase, to offset its share of the cost of
meeting the Standards of Quality, and the sales tax increase for public education
this year amounted to approximately a $2 million increase for Roanoke City
Schools. He added that in order to maintain the School's VRS rate, which is
currently 6.! per cent, the General Assembly adopted legislation which would
separate the teacher rate from the State employee rate, resulting in an increase
of approximately .6 per cent for the first year. He stated that elimination of the
Federal deduction for the Standards of Quality computation would provide about
$730,000.00 more in basic aid funds to Roanoke City Public Schools; and the
School Board is asking that the State implement a mechanism to ensure full
funding of the car tax reimbursement to the City in 2005-2006.
Mr. Kelley advised that Priority Two requests involve the State program of
providing assistance to Iow performing schools; presently the State administers a
program that involves joint grant and academic review teams whereby funds are
provided to assist Iow performing schools with special one time grants and
academic review teams that look at academic progress and programs; and the
School Board is asking that the State not mandate the take over of Iow
performing schools, but continue the joint partnership. He explained that there
is a provision under the Federal No Child Left Behind program that would allow
states to have the option of taking over Iow performing schools; there is an
option in the No Child Left Behind legislation that allows the State to substitute
its accreditation standards and programs of improvement for Federal standards,
which is known as Annual Yearly Progress, and the School Board is asking the
State to work with the Federal Government to substitute State standards of
accreditation for Federal Annual Yearly Progress standards and to use the State's
plan as the substitute for the Federal requirement which would eliminate the
confusion over who is accredited. He pointed out that Virginia's program is well
above many other states and is recognized as one of the most difficult
accreditation standard programs in the United States.
Mr. Kelley advised that Priority Three requests address the State Literary
Loan Funds, and during the next two bienniums the School Board hopes to
restore the fiscal integrity of the State Literary Fund Loan; for the current
biennium, the State transferred approximately $268 million from the State
Literary Fund Loan to finance teacher retirement costs, which has been a
recurring problem with the Literary Fund Loan situation, and the potential long
term objective of the fund will provide 55 per cent of financing of school
construction needs. He explained that under the present Literary Fund Loan
fiscal status, when a project is started, it takes a minimum of 18 months before
funds are received from the State to reimburse construction costs.
Mr. Kelley further added that the School Board is requesting approval of
legislation that would assist in meeting school priorities, which would help the
School Board to meet its objectives in terms of accountability for improving
student performance based on Standards of Learning tests, ensuring that all
schools meet the State accreditation standards, educing drop out rates and
453
increasing graduation rates, raising employee salaries from an average increase
of two to three per cent to an increase of five per cent annually based on
additional State funds received this year, and provide construction loans to
modernize or replace school facilities so that by the year 2010 the current capital
plan to modernize, renovate or replace all elementary schools, replace the two
high school facilities, and renovate the four middle schools will be completed.
(See Roanoke City Public Schools Legislative Program--FY 2004-2006 Biennium
on file in the City Clerk's Office.)
Thomas A. Dick, City of Roanoke Legislative Liaison, presented the City of
Roanoke's 2005 Legislative Program. He expressed appreciation to area
legislators for their efforts on behalf of the citizens of Roanoke with regard to
the methadone clinic legislation, the deer management program and increased
State funding. He advised that Council adopted the 2005 Legislative Program at
its meeting on Monday, November 15, 2004, which incorporated the School
Board's legislative agenda; last year, as a part of the budget agreement, the
Virginia General Assembly changed the car tax phase out program, therefore, the
City requests an amendment to the Commonwealth of Virginia's 2004-2006
budget that would fully fund local reimbursements for the Personal Property Tax
Relief Act program in fiscal year 2006 that will enable localities that bill in the
Spring, as does the City of Roanoke, to receive the revenue in the same fiscal
year billed, which is how revenue has been collected historically; and if additional
funding is not provided, the legislature should provide the maximum flexibility
possible to localities to address the budgetary, accounting and policy issues
associated with the budget shortfall.
He advised that the City requests an amendment to the Commonwealth's
2004-2006 budget to allow the City's Health Department to consolidate and to
relocate its operations to the new Human Services Building on Williamson Road;
and the City will pay its share and requests that the State provide $187,958.00 in
each year of the budget for its portion of the rent.
Mr. Dick added that the City requests legislation to reinstate the sales tax
exemption for its public transit system that the 2004 General Assembly
inadvertently eliminated along with several other sales tax exemptions; the
elimination of the exemption will cost the City approximately $50,000.00
annually; and the public transit systems in Richmond, Lynchburg and Alexandria
are also affected. He stated that the urban blight issue facing cities involves
public safety; there are approximately 250 vacant derelict properties in the City
of Roanoke, which generate numerous citizen complaints; in the past six months,
the City has boarded up 13 properties and the City is required to take numerous
steps before action can be taken except in extreme circumstances. Therefore, he
advised that the City requests legislation to amend Section 15.2-906, Code of
Virginia, to reduce the amount of time in which a locality can remove, repair or
secure any building, wall or other structure which might endanger the public
health or safety, and asks that the current 30 day period be reduced to 15 days
which will benefit the City's neighborhoods.
454
Mr. Dick advised that the City of Roanoke has two historic districts; despite
the fact that the City contacts all historic district property owners annually with
regard to the required review process, property owners continue to authorize
work that in some instances must be done over, therefore, the City requests
legislation to amend Section 36-99, Code of Virginia, to authorize localities to
require building permits for the installation of replacement siding, roofing and
windows in buildings within historic districts, which will benefit the City's historic
neighborhoods.
He stated that the City of Roanoke is a member of the Virginia First Cities
Coalition, which is a group of 15 of the State's older cities; the City of Roanoke
supports the broad legislative objectives of the Coalition; First Cities believes
that the General Assembly should act to allow the State to meet its funding and
personal property taxes; the State should realign its policies and funding
formulas to reduce disproportionate economic, fiscal and demographic stresses
and disparities on Virginia's fiscally stressed cities; and the State should actively
promote conditions to encourage the economic health of cities through
employment, neighborhood redevelopment and revitalization of commercial
areas. He advised that the City of Roanoke supports the First Cities efforts to:
Fully restore the Federal funds deduction in the education
funding formula; increase funding to assist those students most
likely to fail the SOL's; and fully fund the current Standards of
Quality.
Opposes measures that would erode the revenue generating
capability of the tax measures passed in 2004.
Supports measures which raise statewide non general fund taxes
and fees to adequately maintain and exPand the transportation
network.
(See City of Roanoke 2005 Legislative Program on file in the City Clerk's Office.)
Vice-Mayor Fitzpatrick expressed appreciation for the work of the City's
representatives to the General Assembly and acknowledged that there is little
available money; and while there are those persons who advocate giving back
some of the revenue generated last year, it is hoped that every consideration will
be given to the City of Roanoke in addressing State mandates which have become
more one~'ous. He stated that City representatives and the City's Legislative
Liaison stand ready to come to Richmond when necessary and expressed
appreciation for the willingness of area legislators to listen to the concerns and
wishes of Roanoke's citizens.
Council Member Cutler expressed appreciation for the work of the City's
representatives to the General Assembly. With regard to Senator John Edwards'
initiative on the Rail Authority, he expressed a desire to proceed further; he
spoke in favor of the Virginia Department of Transportation's Environmental
Impact Study of 1-81 alternatives to include attention to the rail alternative;
455
Norfolk Southern has recently indicated more flexibility with respect to public
participation in the Heartland Corridor, because public support will be needed to
enlarge the tunnels in West Virginia, and the reciprocity might include Norfolk
Southern's interest in improving the trackage paralleling I-8]., as well as the
terminal in Roanoke; the City of Roanoke continues to be concerned about the
widening of Interstate 81 and tolls, and requested that more attention be given
to rail, both from a freight and a passenger standpoint.
Mr. Wishneff stated that a trend across the country is the recognition by
governors and general assemblies of the importance of arts and culture in
economic development; the City is dependent on the arts and culture to drive the
market; and requested that the City be advised of any statewide efforts in which
the City could participate as a demonstration of support.
Vice-Mayor Fitzpatrick stated that there is a conflict between State
agencies versus non-state agencies; an effort is being made to bring the
appropriate entities together to recommend a plan before approaching the
legislature; and if this kind of regional cooperation is achieved, it will be
necessary for localities to address funding at the local level, and what kind of
mechanism could be put in place at the State level that would allow the City to
receive information showing those localities that help themselves and benefit
from some form of State funding.
Ms. Stockburger called attention to the diversity of the student population
in Roanoke's schools and stressed the importance of funding for alternative
education programs. She stated that students participating in the alternative
education programs have a much greater graduation success rate than if they
were placed back in the regular school setting; sufficient options are needed for
each student because there is a large span of student needs and talents, all of
which need to be addressed, including funding for the Roanoke Valley Governor's
School for Science and Technology.
Ms. Ennis encouraged the return of control of accountability to State and
local authorities in the No Child Left Behind program; School Superintendents are
concerned about the Annual Yearly Progress (AYP) component of the No Child
Left Behind program, and members of the School's executive staff offer their
services to meet with area legislators to point out negative impacts on public
education; and the Commonwealth ofVirginiais a forerunner in the Standards of
Quality, therefore, historical data will show the progress that has been made
w~thout tffe AYP component.
Delegate Ware stated that he and Delegate Fralin have a close working
relationship at the General Assembly, they understand that their districts overlap,
and they are aware of and understand the concerns regarding education issues
relative to funding and standards. He advised that he frequently confers with
the City Manager on various issues; there appears to be some additional
money available though the State for certain things such as transportation;
456
area legislators work as a team and have the assistance of the City's Legislative
Liaison who keeps them informed about issues of importance. He expressed
appreciation for the open lines of communication between area legislators and
local officials.
Delegate Fralin stated that it has been an honor to serve the citizens of
Roanoke. He expressed appreciation for the input he has received from local
officials, and advised that he works closely with Delegate Ware to protect the
City's best interests. He commended Mr. Dick for his efforts to keep area
legislators informed of current issues and stressed the importance of hearing
from local officials in a timely manner concerning issues of concern. He stated
that he was pleased to be able to help secure additional school funding;
accountability in school standards is important; as a result of discussions with
the Governor and leadership of the House of Delegates there could be a solution
to the Spring collection of the car tax; transportation will be an issue during the
2005 Session of the legislature and he looks forward to working with other
members of the General Assembly to find ways to fund transportation needs. He
stated that he is interested in helping to attract Iow cost air carriers to regional
airports; and the Heartland Corridor is important for the Roanoke Valley because
it will open an east/west corridor for rail that has not been available for some
time. He called attention to certain amendments which were addressed last year
regarding school safety and referred to the importance of cultural institutions
working together toward a State funding mechanism.
There being no further business, Chair Stockburger declared the meeting
of the Roanoke City School Board adjourned at 1:20 p.m.
Following a brief recess, Council reconvened in Room 159, Noel C. Taylor
Municipal Building.
COMMUNICATIONS DEPARTMENT: The City Manager advised that the City
of Roanoke has received national accreditation for its public safety activities, i.e.:
Fire Department, Police Department, and Sheriff's Office; and the City's E-911
Center and staff have also expressed an interest in moving toward national
accreditation.
John Elie, Director of Technology, advised that:
The E-911 Center is responsible for dispatching Police, Fire, and
EMS staff throughout the City of Roanoke in response to citizen
safety issues; and the Center operates 24 hours aday, 365 days a
year and responds to 911 calls originating from the City of
Roanoke.
Telephone calls to the City's 853-2000 telephone number after
normal business hours are routed to the E-911 Center which
includes calls to Parks and Recreation, the Child Abuse Hotline,
the Information Desk, and Public Works.
457
The E-911 Center, a division of the Department of Technology,
has 41 employees that staff three eight hour shifts; staff includes
a Superintendent, a Communications Coordinator, System
Administrator, five supervisors, and 33 dispatchers; and typically
five to six dispatchers are on duty per shift with a supervisor.
Dispatcher skill requirements include: certification in CPR
(Cardio Pulmonary Resuscitation), certification in Emergency
Medical Dispatch, certification to use the Virginia Criminal
Information Network, completion of a basic dispatch academy
class, and dispatchers must be cleared to work Police and
Fire/EMS stations.
Dispatchers must meet ongoing educational requirements in
order to maintain their certifications.
In 2003, the E-911 Center processed 147,426 calls for Police and
21,370 calls for Fire/EMS; as of December 2004, the E-911
Center had processed 137,245 calls for Police and 20,329 calls
for Fire/EMS; and after hour non-emergency calls account for an
additional 115,000 calls per year.
E-911 staff offer scheduled tours of the Communications Center
and attend neighborhood meetings to educate citizens on 911
services; and the 911 Center is proud of its high citizen approval
ratings. (95 per cent on 2003 citizen survey).
The objective of the National Accreditation program is to obtain
national accreditation for the E-911 Center by participating in a
two-year assessment program conducted by the Commission on
Law Enforcement Agencies (CALEA).
As a part of Roanoke's E-911 Center to provide outstanding
communication services to citizens, accreditation will ensure that
the 911 Center benefits from industry "best practices" and peer
reviews.
Requirements for accreditation include internal staff time and an
a~ccreditation coordinator, on site assessments by CALEA staff,
participating in CALEA conferences, $9,000.00 for the initial cost
and $2,700.00 annual re-certification cost, and the City will
apply for a $3,500.00 grant from CALEA to defray costs.
Council will be requested to adopt a resolution supporting
accreditation and re-certification at its meeting on Monday,
December 20, 2004.
458
The grant application must be submitted to CALEA by
December 31, 2004, announcement of grant approval by CALEA
will occur in April, 2005, and completion of the accreditation
process will take place in the time frame of July to December
2006.
The City of Roanoke could become the first locality in Virginia to
be accredited across all public safety efforts: Police, Fire, EMS,
and Sheriff.
Staff has researched accreditation requirements with CALEA,
attended a CALEA conference in July 2004, held discussions with
representatives of the City of Virginia Beach regarding its
accreditation process, visited the 911 Center in Columbia, South
Carolina, obtained letters of support from Police and Fire/EMS
departments, and prepared a grant application for approval by
Council.
ZONING: Nancy Snodgrass, Zoning Administrator, reviewed the preliminary
schedule with regard to final steps for the Zoning Ordinance process/update.
She advised that:
· A final meeting of the Zoning Ordinance Steering Committee was
held on November 3, 2004.
· Staff preparation of the Steering Committee draft ordinance
started on November 4, 2004, and continues to date.
· Individual review by Steering Committee members of the draft
ordinance will take place on December 9 - 14, 2004.
The draft ordinance will be transmitted from the Steering
Committee Co-chairs to the City Planning Commission on
December 6, 2004.
The pre-public hearing phase will take place from December 16,
2004 to March 1, 2005, with the draft ordinance submitted by
the Steering Committee to be made available for public review,
including online posting (strike/highlight version will readily
identify changes from the public discussion draft); staff will
continue to work on the proposed zoning map which is
anticipated for release for public review by mid-JanUary, 2005;
and establishment of the process and dates for public hearing
and property owner notification.
459
The public hearing/adoption process will take place in March -
May 2005, with a joint public hearing by Council and the City
Planning Commission in March 2005, and adoption of the process
will include City Planning Commission consideration in April 2005
and Council consideration in May, 2005.
At 1:50 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 2:00 p.m., in the Council Chamber.
At 2:00 p.m., on Monday, December 6, 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
C. Nelson Harris presiding.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., and
Mayor C. Nelson Harris ............................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
DECEASED PERSONS: Council Member Dowe offered the following
resolution memorializing the late Hugh Ennis,Jr.
(#36902-120604) A RESOLUTION memorializing the late Hugh Ennis, Jr.,
son of Doris N. Ennis, Acting Superintendent of Roanoke Public Schools.
(For full text of resolution, see Resolution Book No. 69, Page 193.)
Mr. Dowe moved the adoption of Resolution No. 36902-120604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
460
The Mayor presented a ceremonial copy of the above referenced measure
to Mr. and Mrs. Ennis.
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: Mr. Dowe offered
the following resolution:
(#36903-120604) A RESOLUTION naming Claudia Alexander Whitworth as
Roanoke's Citizen of the Year for the year 2004.
(For full text of resolution, see Resolution Book No. 69, Page 194.)
Mr. Dowe moved the adoption of Resolution No. 36903-120604. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
The Mayor presented a ceremonial copyofthe above referenced resolution
to Mrs. Whitworth.
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that Shining Star
Awards are presented to persons who go above and beyond the call of duty to be
of service to their community. On behalf of the Members of Council, he stated
that he was pleased to present Shining Star Awards to Shamica Steelman and
Charles and Sarah Lex.
The Mayor advised that Ms. Shamica Steelman, without thinking about her
personal safety, placed her life in danger so that she could save a four year old
child from drowning at the Washington Park swimming pool on August 19, 2004.
The Mayor presented the second award to Charlie and Sarah Lex, who, for
five years, volunteered their time working in the rose garden at Elmwood Park by
pruning, fertilizing and seeding the rose bushes. He stated that their weekly and
sometimes daily nurturing kept the roses around the Mayor's monument looking
attractive for the park's many visitors.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately.
461
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 18, 2004, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: A communication from
the City Manager requesting that Council schedule a public hearing for Monday,
December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, to extend the current lease with the United States General Services
Administration for office space within the Commonwealth Building, was before
the body.
The City Manager advised that the United States General Services
Administration (GSA) currently leases space within the Commonwealth Building;
GSA uses the second floor of the building for the Federal Bankruptcy Court and
affiliated offices; the current lease expired on October 31, 2004; the original
agreement provides the GSA with an option to continue the agreement on a
month-to-month basis (not to exceed an additional 90 day period), which the
GSA is currently exercising; the GSA wishes to continue its lease of the second
floor and to begin leasing an office suite on the first floor as well; and the GSA
wishes to extend the current agreement to allow time to complete the necessary
improvements to the first floor area before executing an overall new lease for
space on the first and second floors.
It was further advised that the month-to-month option in the current
agreement does not provide sufficient time to complete the above referenced
improvements; therefore, an extension of the current lease agreement is
proposed to run through December 31, 2004; and with the 90 day maximum
option provision, this would give the space to the GSA under the current
agreemen,t until March 31, 2005, if necessary, pending completion of ongoing
improvements on the first floor and finalization of a new lease agreement.
The City Manager recommended that Council hold a public hearing on
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard.
462
Mr. Fitzpatrick moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Cutler and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of
Earnestine Garrison as a member of the Youth Services Citizen Board, for aterm
ending May 31, 2006, was before Council.
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 Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS:
EASEMENTS-SPECIAL PERMITS: Pursuant to action taken by the Council, the
City Clerk having advertised a public hearing for Monday, December 6, 2004, at
2:00 p.m., or as soon thereafter as the matter may be heard, on a request for
encroachment of an awning eight feet above the sidewalk and 39 inches into the
public right-of-way at 105 Wall Street, S. E., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 26, 2004.
A communication from the City Manager advising that.lay Aneja, on behalf
of Smither's Jewelers, Inc., has requested permission to install a new awning on
the building at 23 Salem Avenue, S. E., which would encroach into the public
right-of-way; City records indicate that the correct address is 23 Salem Avenue,
S. E., however, there is an entrance to the building at 105 Wall Street, S. E.,which
is the location where the awning will be installed; and owners of the property,
John Lawrence and Elizabeth Adams, do not object to installation of the awning.
It was further advised that the proposed awning would encroach
approximately 39 inches into the right-of-way of Wall Street, S. E., and have
eight feet of clearance above the sidewalk; the right-of-way of Wall Street at this
location is approximately 60 feet in width; liability insurance and indemnification
of the City of Roanoke by the applicant has been provided and the applicant has
received approval by the Architectural Review Board to install the proposed
awning.
463
The City Manager recommended that Council adopt an ordinance granting
a revocable license to allow for installation of an awning at 105 Wall Street, S. E.,
and encroaching into the public right-of-way of Wall Street.
Mr. Cutler offered the following ordinance:
(#36904-].20604) AN ORDINANCE granting a revocable license to permit
the encroachment of an overhead awning at a height above the sidewalk of eight
(8) feet, with the overhead awning extending thirty-nine (39) inches, in the
public right-of-way of ].05 Wall Street, S. E., from property bearing Official Tax
No. 40].03].9, upon certain terms and conditions; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page ].96.)
Mr. Cutler moved the adoption of Ordinance No. 36904-120604. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing. There being none, he declared the public
hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36904-].20604 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
BONDS/BOND ISSUES-SCHOOLS: Pursuant to action taken by the Council,
on Monday, the City Clerk having advertised a public hearing for Monday,
December 6, 2004, at 2:00 p.m., or as soon thereafter as the matter may be
heard, on a request of the Roanoke City School Board for approval of the
issuance of general obligation bonds, in an amount not to exceed
$1,600,000.00, for financing a portion of the cost to rehabilitate, repair or equip
Fallon Park Elementary School, the matter was before the body.
Legal advertisement of the public hearing was published in The
Times on Friday, November 3.9, 2004, and Friday, November 26, 2004.
A communication from the Clerk to the Roanoke City School Board advising
that the School Board at a special meeting on November 1]., 2004, approved a
resolution requesting that Council issue General Obligation Qualified Zone
Academy Bonds (QZAB), in an aggregate principal amount not to exceed
$].,600,000.00, to be used to rehabilitate, repair, and/or equip Fallon Park
Elementary School.
464
It was further advised that the QZAB initiative is a Federal program that
allows lending institutions and schools to form a mutually beneficial partnership
to support education; the program offers bonds interest-free and allows a bank
or other lending institution to purchase the special no-interest bond on behalf of
a school; and schools qualify based on their percentage of free lunch students.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
The Mayor advised that Council would be requested to take action on the
request at a later date.
There were no comments or discussion by Council Members.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See pages 471 and 475.
POLICE DEPARTMENT-BUDGET-CITY SHERIFF: The City Manager presented
a communication advising that the City of Roanoke's ability to retain sworn
police personnel has become a growing concern; this year, turnover of sworn
police personnel totaled 12.8 per cent; as the largest and most comprehensive
Police Department in the Roanoke Valley, it is important that Roanoke provide
salaries for sworn police officers that will sufficiently attract and retain well-
qualified staff; and Council has encouraged staff to look for solutions to the
problem, therefore, the last several months have been devoted to evaluating
various options.
It was further advised that during 2004, of the total terminations that were
not retirements or deaths, seven out of 18 police officers left for other public
safety employment in the area; while a reasonable amount of turnover can be
expected, when police officers are leaving the City of Roanoke to work for other
law enforcement agencies in the area, it becomes a more serious issue; the
average service for these officers was six years, which indicates that the City is
losing well-trained, seasoned officers to agencies that will not have to incur the
cost and time related to training; and Police Department statistics indicate that
longer-term police officers have less accidents and complaints, thus providing
for increased overall citizen satisfaction.
It was explained that during the past several months, City staff has
evaluated data in great detail; upon analyzing salary market data, a number of
variables became apparent: first, Roanoke starting salaries, while competitive,
are actuallya little lower than a number of the jurisdictions in the area, as well as
some of the larger jurisdictions in the Virginia First Cities group; and second and
465
most important is the fact that almost all jurisdictions have some type of
automatic promotion/job reclassification once the officer completes the police
academy or completes the probationary period, resulting in an additional pay
adjustment and movement to a higher pay range.
The City Manager advised that in 1999, as part of the budget process,
Council authorized a Career Enhancement Program as a way to reward officers
for attaining job specific skills; while it is an excellent program, it was intended
to compensate for skills that usually take longer than three years to attain;
therefore, the program does not address retention of police officers during the
first part of their career; in July 2003, Council approved the Community Policing
Specialist Program which provides pay incentives designed to promote the
concept of community policing throughout the department; however, by itself,
the program is not sufficient to retain police officers; and staff will continue to
look for ways to expand incentives for police officers in order to improve service
levels through higher rewards.
It was further advised that in order to address the retention issue, the City
administration has determined that a new classification will be created; upon
successful completion of the initial probationary period as a police officer at Pay
Grade 11 (approximately 18 months), the employee would be reclassified to a
Police Officer II and raised to the minimum of Pay Grade 12 ($33,452.12-
$50,178.18); with addition of the new job classification, the City of Roanoke will
be more in line with salary practices of competitors in the marketplace; and all
other sworn employees, with the exception of the Police Chief, will be given a pay
increase of four per cent in order to mitigate salary compression.
The City Manager explained that the pay actions are planned for
implementation in January 2005; salary lapse funds in the Police Department are
sufficient to cover the cost of this such action for the balance of the current fiscal
year; the cost of a full year's implementation ($475,000.00) will be the top item
in next year's budget process; and no Council action is required to implement
the changes.
A communication from the Honorable George M. McMillan, Sheriff, advising
that although the action proposed by the City Manager is necessary to correct
one of the problems of law enforcement in the City of Roanoke, it should be
pointed out that the proposal solves only one-half of the problem and does not
include sworn law enforcement officers of the Sheriff's Office, who have always
been treated with the same respect as police officers, who face the same basic
problems and dangers of law enforcement officers in the City of Roanoke; the
City Manager's letter accurately describes the situation that also exists in the
Sheriff's Office; and the Sheriff's Office has experienced approximately a 10 per
cent turnover rate compared to the Police Department's 12.8 per cent.
He further advised that if the City Manager proceeds with implementing the
reclassification of police officers and increasing the pay of all currently sworn
officers in the Police Department and excluding sworn deputy sheriffs, it says, in
effect, that police officers are more important than deputy sheriffs which will
466
create an atmosphere of dislike between the two agencies in a time when
cooperation between the two agencies is at an all time high and create other
problems; while deputy sheriffs may not be in the public eye as much as police
officers, their role in the safety of the community is no less vital; the Sheriff's
Office handles booking for the Police Department to ensure that police officers
may return to the street as quickly as possible; the Sheriff's Office assumed the
responsibility from the Police Department for serving approximately 45,000
criminal subpoenas per year allowing police officers to address other duties; the
Sheriff's Office provides DARE services in the elementary schools; at the request
of the Chief of Police, the Sheriff's Office recently assisted the Police Department
with guarding a dangerous criminal in the hospital who was shot during an arrest
attempt; therefore, the level of cooperation between the two law enforcement
agencies is an important aspect to effective and efficient law enforcement
services within the City of Roanoke.
The Sheriff proposed that the City Manager include deputy sheriffs in the
reclassification, effective January 1,2005; however, if sworn deputy sheriffs are
not included in the initiative, he proposed that Council implement the same
reclassification for deputy sheriffs and provide the same pay increase for current
deputy sheriffs, effective July 1, 2005.
Sheriff McMillan explained that the cost to include Deputy Sheriffs in the
reclassification plan for the remainder of the fiscal year is approximately
$149,822.00; however, the cost is offset by the fact that the Compensation Board
provided all deputy sheriffs in the Sheriff's Office with a 4.82 per cent pay
increase, effective December 1, 2004 on Compensation Board approved salaries
which means that no or few additional City funds will be necessary to include
deputy sheriffs in the reclassification plan and provide for a four per cent pay
increase.
Mayor Harris and Council Members Wishneff, Lea and Dowe commended
the City Manager on the proposed initiative.
Following discussion the Mayor advised that without objection by Council,
the request of the Sheriff would be referred to the City Manager and to fiscal year
2005-2006 budget study.
ITEMS RECOMMENDED FOR ACTION:
FEE ISOMPENDIUM: The City Manager submitted a communication advising
that on April 1, 2002, Council adopted Ordinance No. 35792-040102 to provide
for an outdoor dining permit program and amended the Fee Compendium; the
annual fee of $3.25 per square foot of area approved for outdoor dining has
been set annually by Council; and total program revenues from 13 participating
restaurants in 2004 are $6,066.50, (includes the $75.00 application fee from
each restaurant).
467
In a further effort to provide an incentive for restaurants to apply for
outdoor dining permits, the City Manager recommended that the reduced fee of
$3.25 per square foot be continued for calendar year 2005, as well as for all
future years; if the application is unaltered from the immediately preceding year
(using the same amount of space at the same location with the same furniture
and materials), it is recommended that the $75.00 application fee be waived;
upon approval of the revised fee structure, the Fee Compendium will be updated;
and CityStaffwill continue to review all applications and insurance requirements
on an annual basis.
Mr. Dowe offered the following ordinance:
(#36905-120604) AN ORDINANCE directing amendment of the Fee
Compendium to establish the application and square footage fee for outdoor
dining permits; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 198.)
Mr. Dowe moved the adoption of Ordinance No. 36905-120604. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
BUDGET-FIRE DEPARTMENT-SCHOOLS: The City Manager submitted a
communication advising that in January 2005, Roanoke Fire-EMS and the
Roanoke Regional Fire-EMS Training Center will partner with Virginia Western
Community College (VWCC) in an effort to enhance academic opportunities for
Fire-EMS personnel; Virginia Western Community College will grant college level
credits for certain qualifying courses taught at the Regional Training Center to
include the Fire-EMS Academy and Emergency Medical Technician Intermediate;
in order for personnel to receive college credit, they must register with VWCC
and pay the required tuition; as a part of the partnership, VWCC will reimburse
all tuition costs to the City after completion of the class; and the partnership will
allow personnel to earn college credits for the course at no cost to the City.
It was further advised that Roanoke Fire-EMS strongly encourages all
employee~ to pursue opportunities for higher education; and the partnership will
afford personnel the opportunity to earn college credits for foundation courses
taught in the Regional Fire-EMS Recruit Academy, as well as courses offered at
the Regional Training Center.
The City Manager recommended that Council authorize the Director of
Finance to establish a revenue estimate in the General Fund, in the amount of
$50,000.00, to recover tuition costs paid to VWCC enabling college credits; and
appropriate funds in the same amount to Account No. 001-520-3212-2105.
468
Mr. Fitzpatrick offered the following ordinance:
(#36906-120604) AN ORDINANCE to appropriate funds for the Virginia
Western Community College Partnership, 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 69, Page 198.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36906-120604. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
DIRECTOR OF FINANCE:
BONDS/BOND ISSUES-BUDGET: The Director of Finance submitted a
written report advising that the City's 2004B general obligation public
improvement bonds of $46 million have been issued and proceeds are available
for appropriation; and the following are projects to be funded by Series 2004B
bonds.
Amount Remaining
Issue Previously to be Appropriation
Amount Aoorooriated Aoorooriated Account
Proiect
Capital Project Fund
Public Buildings
Police Building Phase II Expansion 6,670,000.00 6,670,000.00 N/A
Fire/EMS Facilities 4,435.000.00 §00.O00.00 3.385.000.00 008-530-9678-9169
Total: ].1,].05,000.00 7,270,000.00 3,835,000.00
School Caoital Projects Fund
Public Schools (Patrick Henry and
William Fleming High Schools)
Ciyic Center Fund:
Civic Center Phase II Expansion
25,000,000.00 19,500,000.00 5,500,000.00
7,895,000.00 2,300,000.00 5,595,000.00
031~65-6066-9138
005-550-8616-9169
Parking Fund
Downtown West Parking Garages
TOTAL ISSUE
2.000.000.00 600.000.00 _1.400.000.00
~OJ)~O~ 2q ~;70.O~O0.O0 16.3:10 o~oo. O0
007-540-82.52-9169
It was further advised that several projects have been established and
funded from the 2004B General Obligation Bonds in advance of issuance; a
proposed budget ordinance will provide appropriate budgetary adjustments
where bond funds have been appropriated in advance of issuance and
appropriate remaining funds to applicable project accounts.
469
The Director of Finance recommended that Council adopt the above
referenced ordinance.
Mr. Fitzpatrick offered the following ordinance:
(#36907-].20604) AN ORDINANCE to appropriate funding from the Series
2004B General Obligation Bonds to various capital projects, amending and
reordaining certain sections of the 2004-2005 Civic Facilities, Parking, Capital
Projects and School Capital Projects Funds Appropriations and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 199.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36907-].20604. The
motion was seconded by Mr. Dowe.
Council Member Wishneff stated that the City should retain the ability to
address other more important priorities, such as the construction of parking in
support of actual development, rather than in the abstract; therefore, he advised
that he would vote against the above referenced ordinance. He requested a
briefing at the next Council meeting on the status of supply and demand for
downtown parking.
Ordinance No. 36907-].20604 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe and
Mayor Harris ........................................................ 6.
NAYS: Council Member Wishneff .................................. ]..
Without objection by Council, the Mayor requested that Council be
provided with a briefing by the City Manager on the status of supply and demand
for downtown parking.
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of October 2004.
(For full text, see report on file in the City Clerk's Office.)
There being no questions or comments, without objection by Council, the
Mayor advised that the October Financial Report would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
470
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Council Member Lea advised
that he represented the City of Roanoke at the National League of Cities on
November 30-December 4, 2004, in Indianapolis, Indiana, at which time he
accepted the Center for Digital Government Award that recognized the City of
Roanoke as fifth place winner in the 75,000.00-125,000 population category.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-VIRGINIA TECH: Council
Member Wishneff congratulated the Virginia Tech football team, winners of the
ACC title on Saturday, December 4, 2004, and wished them success as they
compete against No. 3 rated Auburn in the Sugar Bowl on January 3, 2005, atthe
New Orleans Superdome.
Mr. Fitzpatrick moved that the City Attorney be requested to prepare a
measure congratulating Virginia Tech for consideration by Council at its regular
meeting on Monday, December 20, 2004. The motion was seconded by
Mr. Wishneff and unanimously adopted.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-SCHOOLS: Vice-Mayor
Fitzpatrick advised that 32 per cent of all college students native to Virginia
attend schools within a 50 mile radius of the City of Roanoke in the area that
extends from Alleghany County to Franklin County, with college concentration
from Wytheville Community College east and including such institutes as Virginia
Tech, Radford University, New River Community College, Wytheville Community
College, Dabney S. Lancaster Community College, Virginia Western Community
College, Ferrum College, Hollins University, Roanoke College and the Roanoke
Higher Education Center. He added that if students from Lexington, Lynchburg,
and Danville are included, approximately 45 per cent of all college students
native to Virginia attend schools in this region which is a powerful economic
model. He suggested that the City Manager submitarecommendation(s) ona
concept(s) to acknowledge those colleges and universities.
CITY COUNCIL-SOIL CONSERVATION: Council Member Cutler advised that
he represented the City of Roanoke at a meeting of the Virginia Sustainable
Building Network on Friday, December 3, 2004. He encouraged the City to join
the organization to ensure that future new buildings will adopt new energy,
conservatilon and recyclable material guidelines.
POLICE DEPARTMENT-FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT-
CITY COUNCIL: Council Member Dowe congratulated the Roanoke Branch,
NAACP, on the successful Freedom Fund Banquet which was held on Friday,
December 3, 2004, and called attention to the diversity of those persons in
attendance. He also called attention to the number of young people who
attended the event this year, and congratulated outgoing President Brenda Hale
on her leadership to the Roanoke Branch, NAACP.
471
The Mayor advised that Roanoke's public safety departments: Police
Department, Sheriff's Department and Fire Department were recognized and
commended by the NAACP at the banquet.
HEARING OF CITIZENS UPON PUBLIC MA-I-rERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
CITY MANAGER COMMENTS:
CITY MANAGER-SCHOOLS: The City Manager pointed out that a four year
college is currently located within Roanoke City limits, the Jefferson College of
Health Sciences, which is growing in terms of the number of enrollments. She
called attention to a meeting with the President of the College at which time she
was briefed on the ambitious goals of the institution to expand to a student
population of 1,000 within the next three years, with the addition of several
graduate level programs. She stated that during the next several years,
dormitories may be constructed in the downtown Roanoke area to serve the
needs of the student population.
CITY MANAGER: The City Manager presented each Member of Councilwith
a copyofthe Municipal Calendar.which will be mailed to each City residence, and
the City's Quarterly Citizen Magazine will also be mailed to each City residence in
January, 2005.
She called specific attention to a photo contest in which residents of the
Roanoke Valley were asked to submit photographs of places, activities, or
individuals that best represent the special nature of the City of Roanoke in
recognition of Roanoke having been selected as one of the nation's most livable
communities.
At 3:20 p.m., the Mayor declared the Council meeting in recess to be
reconvened in Room 159 for an update on traffic calming.
At 3:25 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, with all Members of the Council in attendance, Mayor Harris
presiding.
TRA~FFIC: The City Manager introduced a briefing on street calming and
transportation initiatives. She advised that City staff requests input by Council
regarding priorities/improvements to be addressed over the next several
months.
Kenneth H. King, Jr., Manager of Transportation, advised that:
During the past several months, the following streetscape
enhancement projects have been implemented: Williamson Road,
Jamison and Bullitt Avenues and Grandin Village.
472
The purpose of the project development phase is to manage and
to prioritize needs and citizen requests, to ensure appropriate
communication between staff, management, City Council and
citizens; and to identify the means to ensure that priorities are
revisited periodically and to ensure progress on individual
projects.
· Project development includes:
Project identification and scoping; i.e.: project request
received or need identified, scope of project, stakeholder
involvement, brief City management and Council, and City
Manager/City Council approval for funding for preliminary
engineering.
Preliminary Engineering; i.e.: project planning and development,
stakeholder involvement, identify candidate projects for funding,
brief City management and City Council, and City Manager/City
Council approval of funding for implementation.
· Project Implementation: i.e.: final engineering design and
permitting, and construction.
· Candidate projects are divided into two categories: Traffic
Operational Improvements and Streetscape Projects.
Mark D. Jamison, Traffic Engineer, reviewed the following traffic
operational improvements:
Aviation/Towne Square/Thirlane intersection which involves
possible intersection improvements to include roadway
realignment and installation of a traffic signal at Aviation Drive
and Towne Square, estimated to cost $1,300,000.00 (estimate
does not include acquisition of right-of-way or easements). The
project evolved from discussions with Kimco Realty; and the
Roanoke Regional Airport Commission is supportive of the
project because it will define the front door of the airport and
relieve some of the traffic demand on Hershberger Road.
Orange Avenue/King Street intersection improvements which will
evaluate potential improvements to address delays for traffic
traveling south on King Street (widening on King Street, turn
lanes on Orange Avenue), at an estimated cost of $25,000.00 for
preliminary engineering only.
473
Williamson Road/Shenandoah Avenue intersection which includes
median construction to provide a northbound left turn lane into
Shenandoah Avenue, at an estimated cost of $200,000.00 (does
not include acquisition of right-of-way or resurfacing of existing
street within the project limits).
Hershberger Road/Ordway Drive improvements which involve
roadway and intersection improvements to allow removal of a
signal at Ordway Drive and Frontage Road and modification of
traffic patterns in the area, at an estimated cost of
$ :~,000,000.00.
Hollins Road/Mason Mill Road intersection improvements which
involve the widening of Hollins Road and Mason Mill Road to
provide turn lanes, at an estimated cost of $25,000.00 for
preliminary engineering only.
Mr. King advised that representatives of The Kroger Company and Sam's
Club have indicated a willingness to support the Aviation/Towne Square/Thirlane
Intersection project and to participate financially; however, they have requested
as much justification as possible to begin the process and to advance the request
for funds through their corporate offices. He called attention to the importance
of preparing financial data and cost estimates, and that the City of Roanoke
partially fund the project which will provide the necessary credibility with
corporate offices in order to advance the project. He explained that the Roanoke
Regional Airport Commission and the Airport Executive Director are supportive of
the project and willing to participate in project costs; however, the Executive
Director has requested more detailed information which will place her in a better
position to negotiate a lease agreement with the Federal Aviation Administration
on a proposed radar site at the airport.
Vice-Mayor Fitzpatrick requested more justification on median
construction to provide a northbound lane onto Shenandoah Avenue. He advised
that a sign on 1-581 directing visitors to the Roanoke Civic Center and down
Williamson Road, with a right turn to the Roanoke Valley Convention and Visitor's
Center, would address the situation.
The Mayor concurred in the remarks of Vice-Mayor Fitzpatrick
suggested, that the appropriate signage be explored.
Mr. King reviewed the following streetscape projects:
and
Memorial Avenue Streetscape, Phase 2, which will include
continuation of streetscape improvements to connect with
Grandin Road and Memorial Avenue bike lanes.
474
There was discussion with regard to bicycle lanes; whereupon, Vice-Mayor
Fitzpatrick called attention to the need for more education about bicycles and/or
other changes to what is potentially seen as traffic in order to understand the
bigger picture; i.e.: greenways and certain streets that will become a part of the
connector. He asked that Council be briefed on what City staff believes
integrated transportation means and what will be required of the Council as a
policy body.
It was noted that City staff is presently updating the Regional Bike Plan.
Huff Lane Traffic Calming which involves traffic calming in the
vicinity of Huff Lane Elementary School, at an estimated cost of
$250,000.00.
Main Street which involves bicycle and streetscape improvements
on Wasena Bridge between Ferdinand Avenue and Wasena
Avenue, at an estimated cost of $10,000.00 for preliminary
engineering only.
The Mayor called attention to the intersection of Main Street and Elm
Avenue, S. W., and the need for installation of a sign at the traffic light specifying
no right turn on red.
Avenham Avenue traffic calming which involves traffic calming on
Avenham Avenue between Franklin Road and Broadway, at an
estimated cost of $30,000.00 for preliminary engineering only.
Brandon Avenue landscaped median construction which involves
the addition of landscaped median islands between Peters Creek
Road and the west City limits, at an estimated cost of $10,000.00
for preliminary engineering only.
Mr. King advised that projects have been listed in priority order in each of
the above referenced categories.
The City Manager recommended that Council approve a preliminary
engineering study of the Aviation/Towne Square/Thirlane intersection to develop
actual design and cost estimates. She advised that Valley View Mall is another
key player that should be brought into the discussions, and requested approval
by Council to spend $250,000.00 for preliminary engineering studies as an
indication that the project will be partially funded by the City. She explained that
$500,000.00 has been identified in the Public Works/Transportation budget for
programming of the recommended projects.
475
Council discussion centered around traffic volume on Brambleton/Brandon
Avenues; Peakwood Drive and issues regarding the Wilton at South Roanoke
project; the area around the Art Museum of Western Virginia; the Downtown
Master Plan which will address the extension of downtown Roanoke to the other
side of Williamson Road and how to capture existing opportunities; streetscape
improvements in the Crystal Spring Commercial Corridor, with certain
enhancements between Lipes Pharmacy and the post office, i.e.: more angled
parking, trees and installation of sidewalk; access to the Bio Medical Center
which is a Virginia Department of Transportation project; Riverland Road,
Bennington Street and Mount Pleasant Boulevard traffic; and Interstate 58! - Elm
Avenue Corridor and the U. S. Route 220 Corridor Study, which is at the stage of
finalizing the scope of the project, and given the decision that Interstate 73 will
come down the corridor, it is believed that Bio Medical Center access will be
focused toward Elm Avenue and Wonju Street, therefore, the City's goal is to
make the Elm Avenue connection the primary operational connection in order for
the Bio Medical Center to be an extension of downtown.
The City Manager advised that the following projects are recommended:
Aviation/Towne Square/Thirlane intersection which involves the
potential of intersection improvements to include roadway
realignment and installation of a traffic signal at Aviation Drive
and Towne Square, estimated to cost $Z,300,000.00 (estimate
does not include acquisition of right-of-way or easements).
Huff Lane traffic calming which involves traffic calming in the
vicinity of Huff Lane Elementary School, at an estimated cost of
$250,000.00.
Preliminary engineering on Orange Avenue/King Street
intersection which will evaluate potential improvements to
address delays for traffic traveling south on King Street (widening
on King Street, turn lanes on Orange Avenue), at an estimated
cost of $25,000.00.
· Preliminary engineering which involves traffic calming of
Avenham Avenue between Franklin Road and Broadway.
There was discussion with regard to the status of building plans for
Roanoke's future art museum; whereupon, the City Manager advised that City
staff will confer with the appropriate officials of the Art Museum to arrange for
either one on one Council briefings, or a Council work session to address the
matter.
476
COUNCIL: With respect to the Closed Meeting which was held earlier in the
day, 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. Wishneffand adopted by the following
vote:
AYES: Council Members Fitzpatrick, McDaniel, Wishneffand Cutler ..... 4.
NAYS: None ................................................... O.
(Council Members Dowe, Lea and Mayor Harris left the meeting during the
briefing on street calming and transportation initiatives.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 4:25 p.m.
APPROVED
A'I-rEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
477
REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL
December 20, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 20, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36762-070604 adopted by
the Council on Tuesday, July 6, 2004.
PRESENT: Council Members Sherman P. Lea, Brenda L. McDanieI, BrianJ.
Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and
Mayor C. Nelson Harris ............................................................................................ 7.
ABSENT: None ................................................................................................ 0.
The Mayor declared the existence of a quorum.
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 Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
BUDGET-ACTS OF ACKNOWLEDGEMENT-MANAGEMENT AND BUDGET:
The Mayor advised that he was pleased to announce that the City of Roanoke
and the Director of Management and Budget, Sherman Stovall, are the
recipients of the Government Finance Officers Association Distinguished
Budget Presentation Award for the City's fiscal year 2004 budget. He stated
that the City of Roanoke is proud to accept the award which represents a
significant achievement by the City and reflects the commitment of the
Council and City staff to meeting the highest principles of governmental
budgeting.
He presented a certificate and plaque to Mr. Stovall.
VIRGINIA TECH-SPORTS ACTIVITIES: Mr. Fitzpatrick offered the
following resolution:
478
(#36908-122004) A RESOLUTION congratulating the football team of the
Virginia Polytechnic Institute and State University for winning the 2004
Atlantic Coast Conference Championship Title.
(For full text of resolution, see Resolution Book 69, Page 201.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36908-122004.
The motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that Shining Star
Awards are presented to persons who go above and beyond the call of duty to
be of service to their fellow man and woman and to their community, and on
behalf of the Members of Council, he was pleased to present awards to
Mr. Randall Haigler and Mr. Brian McFarland.
The Mayor advised that on July 8, 2003, police officers were dispatched
to the scene of a robbery and the assault of a person at Oakland Boulevard
and Courtland Road, N. W.; Messrs. McFarland and Haigler observed the
altercation and were following the suspects on bicycles when they saw police
officers approaching, at which time they pointed out the suspects; both
suspects were taken into custody; however, the incident drew the attention of
an angry crowd; Messrs. McFarland and Haigler approached the crowd and
explained that they followed the suspects after the victim called to them for
help; both suspects were charged with robbery by violence and malicious
wounding and detectives were later able to charge them with five other
robberies in the Valley View Mall area. He stated that without the assistance
of Messrs. McFarland and Haigler, police officers investigating the case believe
that the suspects would not have been apprehended and the other robberies
would remain unsolved.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent Agenda,
and if discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to one request
for a Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 1,2004, were before the body.
479
Mr. Fitzpatrick moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
COMMITTEES-CITY COUNCIL: 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, and to interview applicants for vacancies on the City
Planning Commission, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication
from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare,
advising that at its regular meeting on December 2, 2004, the Board of
Directors of Blue Ridge Behavioral Healthcare voted unanimously to nominate
Dana Barnes Lee to fill a Board member at-large vacancy, effective
December 31,2004, was before Council.
It was requested that Council ratify the appointment of Ms. Lee for a
three-year term commencing January 2005 through December 2007.
Mr. Fitzpatrick moved that Council ratify the appointment of Dana
Barnes Lee for a term commencing January 2005 and ending December 2007.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris .................................................... 7.
NAYS: None ................................................... O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
480
PETITIONS AND COMMUNICATIONS:
CITY COUNCIL-ROANOKE ARTS COMMISSION-ARTS ACQUISITION: A
communication from Mayor C. Nelson Harris requesting concurrence by
Council in the adoption of the following policy with regard to the City of
Roanoke procuring art from the City Art Show:
(1)
The City of Roanoke will annually acquire the winner of the
"Best in Show" award in the City Art Show to be included in
the City's public art collection.
(2)
Ifthe"Best in Show" is not for sale or deemed unsuitable as
public art by the Roanoke Arts Commission, the Roanoke
Arts Commission shall select another piece from the show
for acquisition.
(3)
Funds for the purchase shall come from the Percent for the
Arts program.
(4)
The Roanoke Arts Commission shall advise the City as to
the most appropriate placement for the art.
A communication from Mark C. McConnel, Chair, Roanoke Arts
Commission, recommending that Council adopt the above referenced policy,
was before the body.
Mr. Cutler offered the following resolution:
(#36909-122004) A RESOLUTION adopting a policy relative to the City of
Roanoke procuring art from the City Art Show, and the Roanoke Arts
Commission's role in the selection of such art work.
(For full text of resolution, see Resolution Book 69, Page 202.)
Mr. Cutler moved the adoption of Resolution No. 36909-122004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: See page 543-545.
481
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that prior to 2001, all wireless calls for E-911 service
were processed by the Virginia State Police; beginning in 2001, all 911
wireless calls became the responsibility of local E-911 Centers; and to support
the transfer of wireless call volumes to the localities, the Commonwealth of
Virginia established an annual funding allocation based on wireless call
volumes for local staff, equipment and training needs, which is administered
by the Virginia E-911 Wireless Services Board.
It was further advised that in fiscal year 2001-02, the City of
Roanoke E-911 Center processed 13,000 wireless phone calls; and in fiscal
year 2003-04, a total of 48,486 wireless calls were processed, which
represented 17 per cent of total call volume in the E-911 Center.
The City Manager explained that based on wireless call volume level, the
Wireless Services Board is providing an additional $140,148.42 over and above
last year's allocation for E-911 Center staff, training and equipment needs;
funds will be available in future years and should increase as wireless 911 call
volumes continue to increase; there are no requirements for matching funds;
and Council is requested to appropriate the additional funds for E-911 Center
training, hardware and employment of two additional Public Safety
Telecommunicators and one additional Communications Supervisor.
The City Manager recommended that Council accept funding from the
Virginia State Wireless E-911 Services Board and increase the wireless revenue
estimate by $140,148.00; appropriate $12,500.00 to E-911 Wireless, Account
No. 001-430-4130-2044, for E-911 training; appropriate $68,203.00 to E-911
upgrades for Hardware/Software, Account No. 013-430-9870-9007, for
upgrades to software and hardware; authorize the addition of two Public
Safety Telecommunicators and one Communications Supervisor in the
Department of Technology, to provide support for the increase in E-911
Center wireless call volumes; and appropriate $59,445.00 to certain E-911
accounts.
The City Manager advised that funding and associated expenditure
amounts will be adjusted during the annual budgeting process to reflect a full
year of activity for each fiscal year thereafter.
Mr. Fitzpatrick offered the following ordinance:
(#36910-122004) AN ORDINANCE to appropriate funds for the E-911
State Wireless Board Funding, amending and reordaining certain sections of
the 2004-2005 General and Department of Technology Funds Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 203.)
482
Mr. Fitzpatrick moved the adoption of Ordinance No. 36910-122004. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
BUDGET-GRANTS-FDETC: The City Manager submitted a communication
advising that the City of Roanoke is the grant recipient for Workforce
Investment Act (WlA) funding, therefore, Council must appropriate funding for
all grants and other monies received in order for the Western Virginia
Workforce Development Board to administer WlA programs; the Western
Virginia Workforce Development Board administers the Federally funded
Workforce Investment Act (WlA) for Area 3, which encompasses the Counties
of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of
Covington, Roanoke, and Salem; and WlA funding is intended for four primary
client populations:
· Dislocated workers who have been laid off from
employment through no fault of their own;
Economically disadvantaged individuals as
determined by household income guidelines defined
by the U. S. Department of Labor;
Youth who are economically disadvantaged, or have
other barriers to becoming successfully employed
adults; and
· Businesses in need of employment and job training
services.
It was further advised that the Western Virginia Workforce Development
Board has received a second Notice of Obligation (NOO) from the Virginia
Employment Commission allocating an additional $109,300.00 for the Adult
Program, which serves economically disadvantaged persons; and $89,480.00
for the Dislocated Worker Program, which serves persons laid off from
employment through no fault of their own for Program Year 2004 (July i,
2004-June 30, 2006); and ten per cent of the aforementioned totals are to be
allocated to the administrative function of the Western Virginia Workforce
Development Board.
The City Manager recommended that Council accept Western Virginia
Development Board Workforce Investment Act funding of $198,780.00 for
Program Year 2004; and appropriate the funds to certain accounts listed on an
attachment to the communication and increase related revenue estimates in
the Grant Fund.
483
Mr. Fitzpatrick offered the following ordinance:
(#36911-122004) AN ORDINANCE to appropriate funding for the FY05
Workforce Investment Act Grant, amending and reordaining certain sections
of the 2004-2005 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 204.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36911-122004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris .................................................................................. 7.
NAYS: None ..................................................................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36912-122004) A RESOLUTION accepting the Western Virginia
Workforce Development Board Workforce Investment Act funding of
$198,780.00 and authorizing the City Manager to execute the requisite
documents necessary to accept the funding.
(For full text of resolution, see Resolution Book No. 69, Page 206.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36912-122004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris .................................................................................. 7.
NAYS: None ..................................................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: A communication from the
City Manager advising that the City of Roanoke Department of Social Services,
in collaboration with the local departments of social services in the Counties
of Roanoke, Franklin, Craig, and Botetourt, along with Total Action Against
Poverty, Blue Ridge Behavioral Healthcare, Goodwill Industries of the Valleys,
and Support to Eliminate Poverty, have been awarded an Employment
Advancement for TANF Participants grant from the Virginia Department of
Social Services (VDSS), in the amount of $615,000.00; the above named
agencies have formed the Southwest Virginia Regional Employment Coalition;
the grant is intended to assist citizens of localities who are receiving
Temporary Assistance to Needy Families (TANF) benefits to obtain
employment or, where appropriate, an alternative disability income; the
grant period is from December 1,2004 through May 31, 2006; and the
484
City of Roanoke will serve as primary fiscal agent responsible for distributing
grant proceeds to provider agencies for services provided to local DSS
agencies, with the exception of $22,893.00 of the total grant that will be
accessed by Roanoke County directly from the VDSS.
It was further advised that the above grant funding is required to
maintain and improve existing services toTANF population which will enable
them to obtain employment or, where appropriate, an alternative disability
income.
The City Manager recommended that she be authorized to execute all
appropriate documents relaled to acceptance of the grant, to be approved as
to form by the City Attorney; and that Council appropriate funds totaling
$592,107.O0and establish a revenue estimate of $592,107.00 in an account to
be established by the Director of Finance in the Grant Fund.
Ms. McDaniel offered the following budget ordinance:
(#36913-122004) AN ORDINANCE to appropriate funding for the
Employment Advancement for TANF Participants Grant, amending and
reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 207.)
Ms. McDaniel moved the adoption of Ordinance No. 36913-122004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
Mr. Dowe offered the following resolution:
(#36914-122004) A RESOLUTION authorizing acceptance of a grant
award under the Temporary Assistance to Needy Families (TANF) Project from
the Virginia Department of Social Services, for the purpose of maintaining and
improving existing services to eligible TANF recipients which will enable them
to obtain employment or, where appropriate, an alternate disability income,
authorizing the City of Roanoke to serve as fiscal agent for the distribution of
such funds to the Southwest Virginia Regional Employment Coalition, and
authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant.
(For full text of resolution, see Resolution Book 69, Page 207.)
485
Mr. Dowe moved the adoption of Resolution No. 36914-122004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
PARKS AND RECREATION-SCHOOLS: The City Manager submitted a
communication advising that the Parks and Recreation Department opened its
first fitness center, in partnership with Roanoke City Public Schools, at
Breckinridge Middle School in October 1997, which was followed by fitness
center openings at Woodrow Wilson Middle School in November 1998, Addison
Middle School in December 1999, and Jackson Middle School in February 2001.
It was further advised that the schools use the fitness room and
equipment for physical education classes and sports conditioning; and the
Department of Parks and Recreation operates the facility as a fitness center,
open to the general public during non-school hours.
It was explained that the current one year agreement with the Roanoke
City School Board, with the option to renew for four additionalone-year terms,
expired on December 14, 2004; the current agreement was authorized by
Ordinance No. 34514-102099; minor revisions have been made to the current
agreement, therefore, it is requested that the revised agreement be continued
for an additional term of one year, with an option to renew for up to four
additional one-year terms, ending December 14, 2009; the rights of both the
City of Roanoke and the Roanoke City School Board are included in an
attachment to the communication; and the current level of funding in fiscal
year 2005 is $17,990.00, which includes $15,040.00 for part time salaries,
$2,250.00 for utility/custodian charges, $200.00 for equipment repair, and
$500.00 for operational supplies.
The City Manager recommended that she be authorized to execute the
agreement, in a form to be approved by the City Attorney, and continue
operation of the Lucy Addison Fitness Center.
Mr. Dowe offered the following resolution:
(#36915-122004) A RESOLUTION authorizing the City Manager to
execute an agreement between the City of Roanoke School Board and the City
of Roanoke, allowing the City to operate a fitness center at Lucy Addison
Middle School for use by the general public, upon certain terms and
conditions.
(For full text of resolution, see Resolution Book 69, Page 208.)
486
Mr. Dowe moved the adoption of Resolution No. 36915-122004.
motion was seconded by Mr. Fitzpatrick.
The
Question was raised with regard to the rate schedule for use of the
fitness centers; whereupon, the City Manager advised that the information
would be provided to the Members of Council following the Council meeting.
Resolution No. 36915-122004 was adopted by the following vote:
AYES: Council Members lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
DONATIONS/CONTRIBUTIONS-NORFOLK SOUTHERN CORPORATION-
VIRGINIA TRANSPORTATION MUSEUM: The City Manager submitted a
communication advising that the City of Roanoke presented a proposal to
Norfolk Southern Railway Company (Norfolk Southern) to display a flatcar in a
public area within the City, and, in conjunction with the proposal, the City
requested that Norfolk Southern donate the former Southern Railway
Company Car No. SOU 51836 Flatcar to the City of Roanoke.
It was further advised that Norfolk Southern has agreed to donate the
flatcar and has identified the terms and conditions of the donation;
specifically, the City will accept the flatcar "As Is", without any warranty; the
City will agree to conduct a joint inspection of the flatcar with Norfolk
Southern prior to delivery; if inspection discloses any defects inconsistent
with the City's intended use of the flatcar, the City may elect to refuse the
donation; upon acceptance of the donation, the City will assume all risk
associated with use and display of the flatcar and will maintain the flatcar in
good condition and in a manner suitable for public display.
The City Manager recommended that she be authorized to execute a
Letter of Agreement with Norfolk Southern Railway Company for donation of a
SOU 51836 Flatcar.
Mr. Cutler offered the following resolution:
(#36916-122004) A RESOLUTION accepting the donation to the City by
Norfolk Southern Railway Company of a SOU 51836 Flatcar, expressing the
City's appreciation for this donation and authorizing the execution of a Letter
Agreement, dated November 29, 2004, evidencing the City's agreement to
certain terms and conditions relating to the donation of the Flatcar.
(For full text of resolution, see Resolution Book 69, Page 209.)
Mr. Cutler moved the adoption of Resolution No. 36916-122004. The
motion was seconded by Mr. Dowe.
487
In response to a question regarding the proposed location for the
flatcar, Vice-Mayor Fitzpatrick advised that when the railwalk was originally
designed and constructed, two rails were already embedded in the concrete in
front of what would be an entertainment stage between Salem Avenue and
Norfolk Avenue, behind Campbell Court, and the flatcar would becomea stage
at that location as a part of the City's ongoing public events efforts.
Resolution No. 36916-122004 was adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
EMERGENCY SERVICES-GRANTS: The City Manager submitted a
communication advising that the City of Roanoke has obtained national
certification for all Public Safety activities (Fire/EMS, Police and Sheriff
Departments), with the exception of the E-911 Center; City staff is currently
applying to the Commission on Accreditation for Law Enforcement Agencies
(CALEA) for national certification for the E-91 ! Center, and is applying for a
$3,500.00 grant to cover initial accreditation costs; funds are available in the
current budget for matching funds of $2,700.00; the annual re-certification
cost of $2,700.00 would be paid from existing funds; national certification will
ensure that the E-911 Center maintains current policies and procedures, and
will contribute to the delivery of outstanding communication services to the
citizens of Roanoke.
The City Manager recommended that Council adopt a resolution in
support of an application by the E-9! 1 Center for a grant for national
accreditation, and on-going financial support in the future to retain the
certification.
Mr. Fitzpatrick offered the following resolution:
(#3691 7-122004) A RESOLUTION endorsing the participation by the City
of Roanoke's E911 Center in a National Accreditation Program through the
Commission on Accreditation for Law Enforcement Agencies.
(For full text of resolution, see Resolution Book 69, Page 210.)
Mr. Fitzpatrick moved the adoption of Resolution No. 3691 7-122004.
The motion was seconded by Mr. Cutler.
The City Manager was requested to describe the benefits of
accreditation; whereupon, she advised that the most significant benefit is that
the department would be reviewed by its peers to ensure that the City of
Roanoke is managing its dispatch center in the most professional manner, and
accreditation provides a way for staff to continue to look at itself with the
help of others in the field to ensure that the City is taking advantage of all of
488
the best practices. She stated that gaining accreditation is also a rewarding
experience for employees because it demonstrates that they have attained the
highest level of standards; the City of Roanoke continues to be one of few
communities in the United Stales where three of its law enforcement activities
have received national accreditation; i.e.: the Sheriff's Department, the Police
Department and the Fire Department; therefore, it is both a pride issue, and a
professionalism issue, in order to provide the best possible dispatch function
for Roanoke's citizens.
Resolution No. 36917-122004 was adopted by the following vote:
AYES: Council Members lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager
submitted a communication advising that on July 1, 2004, the Western
Virginia Water Authority (WVWA) assumed all water and sewer utility functions
from the City of Roanoke; in connection with providing water and sewer
functions for residents of the City, on November 18,2004, the WVWAadopted
a mandatory water connection policy and a mandatory sewer connection
policy; and the Board of Directors of theWVWA has requested that Council and
the Roanoke County Board of Supervisors adopt a concurring resolution,
pursuant to Section i 5.2-5137, Code of Virginia, (1950), as amended.
It was further advised that in connection with adopting a concurring
resolution, certain revisions will be necessary to Chapter 35, Water, Article I, In
General, Code of the City of Roanoke (1979), as amended; such changes will
provide for a penalty for violations of the chapter, for authorization for the
WVWA to enforce provisions of the chapter to the extent permitted by law, and
for mandatory water connections in accordance with WVWA policy, rules
and regulations; and Roanoke County adopted a concurring resolution on
December 7, 2004.
The City Manager recommended that Council adopt a resolution
concurring in the adoption by the WVWA of certain water and sewer
connection policies, as adopted by the WVWA on November 18, 2004, pursuant
to Section 15.2-1537, Code of Virginia (1950), as amended, and that Council
adopt an ordinance amending and reordaining Chapter 35, Water, Article I, In
General, Code of the City of Roanoke (i 979), as amended, by adding Sections
35.1-1 through 35.1-3, effective on and after January 1,2005.
Mr. Cutler offered the following resolution:
489
(#36918-122004) A RESOLUTION concurring with the adoption by the
Western Virginia Water Authority of certain water and sewer connection
policies pursuant to Virginia Code §15.2-5137.
(For full text of resolution, see Resolution Book 69, Page 211.)
Mr. Cutler moved the adoption of Resolution No. 36918-122004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
Mr. Cutler offered the following ordinance:
(#36919-122004) AN ORDINANCE amending and reordaining Chapter
35, Water, Article I, In General, of the Code of the City of Roanoke (1979), as
amended, by adding Sections 35-1 through 35-3, as requested by the Western
Virginia Water Authority (WVWA); providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 212.)
Mr. Cutler moved the adoption of Ordinance No. 36919-122004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
ZONING: The City Manager submitted a communication advising that
the City of Roanoke and Colonial Partners, LLC, (now Colonial Green, LC) the
developer previously selected through a Request for Proposals for
development of approximately 23 acres of City-owned property located on
Colonial Avenue, S.W., have completed the drafting ora rezoning petition and
associated exhibits to request that the property be rezoned from RS-2, Single
Family Residential District, to RPUD, Residential Planned Unit Development
District; and the rezoning would permit physical development of the site for
creation of a mixed density traditional neighborhood design and layout.
It was further advised that the RPUD, Residential Planned Unit
Development District, provides for review and approval of a development plan
that indicates the location and extent of required infrastructure, including
streets, storm water systems, and open space; the development plan also
indicates the general placement, scale and density of proposed buildings on
the site and their relationships to public infrastructure and open space; and in
addition to general requirements of the RPUD District, the petition includes a
490
proffer conditioning development of the site to a Development Pattern Book
which provides for additional details of designs, including specific site design
requirements and building typologies and general architectural design
requirements and guidelines.
The City Manager recommended that she be authorized to file a petition
~o rezone the property located along Colonial Avenue, S. W., identified as
Official Tax No. 1570101, from RS-2, Single Family Residential District, to
RPUD, Residential Planned Unit Development District, subject to certain
conditions as set forth in the petition for rezoning.
Mr. Fitzpatrick offered the following resolution:
(#36920-122004) 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. 1570101, subject to certain proffers.
(For full text of Resolution, see Resolution Book 69, Page 214.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36920-122004.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ...................................................................................
NAYS: None ..................................................................................................... O.
CITY ATTORNEY: NONE.
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $494,136.00 for the 2004-05 Flow Through
program, to provide aid for the education and guidance of handicapped
students, said continuing program to be one hundred per cent reimbursed by
Federal funds, was before the body.
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
Mr. Fitzpatrick offered the following budget ordinance:
491
(#36921-122004) AN ORDINANCE to appropriate funding for Flow
Through Grant for handicapped students, amending and reordaining certain
sections of the 2004-2005 School Fund Appropriations and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 215.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36921-122004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ...................................................................................................... O.
SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund loan application, in the
amount of $3.85 million, for improvements to Westside Elementary School,
was before the body.
It was advised that the School Board originally approved a $3.1 million
Literary Fund loan on November 11,2003, and will withdraw the $3.1 million
loan application; the loan application includes a resolution for architectural
supervision; and debt service on the loan will increase the Board's debt
service expenditure by $308,000.00, commencing in fiscal year 2006-07, but
no debt service liability is incurred until funds are drawn against the loan
account.
It was noted that in accordance with previous discussion with Council in
the Spring of 2004, the School Board will adjust its future debt service to
ensure that it does not exceed the City's debt ceiling limit.
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
Mr. Cutler offered the following resolution:
(#36922-122004) A RESOLUTION authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary Fund
for adding to and modernizing Westside Elementary School.
(For full text of resolution, see Resolution Book 69, Page 216.)
Mr. Cutler moved the adoption of Resolution No. 36922-122004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
492
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36923-122004) A RESOLUTION authorizing the School Board for the
City of Roanoke to expend funds for improving the present school building at
Westside Elementary School and declaring the City's intent to borrow to fund
or reimburse such expenditures.
(For full lext of resolution, see Resolution Book 69, Page 216.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36923-122004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BONDS/BOND ISSUES-SCHOOLS: Council having held a public hearing on
Monday, December 6, 2004, with regard to issuing General Obligation Bonds
to finance a portion of the costs to rehabilitate, repair or equip Fallon Park
Elementary School, Mr. Fitzpatrick offered the following resolution:
(#36924-122004) A RESOLUTION authorizing the issuance of a
$439,100.00 General Obligation Qualified Zone Academy Bond (Fallon Park
Elementary School), Series 2004, of the City of Roanoke, Virginia, to be sold to
Bank of America, N. A. and providing for the form and details thereof.
(For full text of resolution, see Resolution Book 69, Page 217.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36924-122004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
493
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL:
Council Member Cutler advised that former Council Member Linda F. Wyatt
was awarded an honorary membership to the Roanoke Firefighters
Association at the 38'h Annual Banquet which was held on December 18, 2004,
at the Clarion Hotel Roanoke Airport. He also advised that Tim Keagy,
Firefighter/EMT, and Dan Spirin, Firefighter/Paramedic were named as
Firefighters of the Year for their work in connection with the City's Swift
Water Rescue Team.
ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: Council Member Lea
commended the City of Salem, host of the NCAA Stagg Bowl which was held
on Saturday, December 18, 2004.
ACTS OF ACKNOWLEDGEMENT: The Mayor extended holiday greetings
to all citizens of the Roanoke Valley.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for
response, recommendation or report to Council.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
spoke in support of renovating and promoting the use of Victory Stadium.
CITY GOVERNMENT-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., spoke in support of improved holiday decorations for the City of
Roanoke for the 2005 holiday season. She called attention to surrounding
localities that display lights as a part of their holiday decorations, and advised
that since the City of Roanoke is a five time All America City, it should set the
example for neighboring jurisdictions.
DRUGS/SUBSTANCE ABUSE-HOUSING/AUTHORITY-SEWERS AND STORM
DRAINS-WATER RESOURCES-ARMORY/STADIUM: Ms. Evelyn D. Bethel, 35
Patton Avenue, N. E, wished the Members of Council and citizens of the City of
Roanoke a happy and blessed holiday season as they celebrate the birth of
Jesus. As Members of Council bask in the warmth and happiness of their
loved ones, she asked that they remember those citizens who are anxious and
fearful about a methadone clinic being located near their homes, those
citizens who reside at the Villages at Lincoln who have requested front screen
doors on their housing units, and those citizens who are experiencing
financial difficulty due to increased water and sewage rates. While
remembering those citizens, she asked that elected and appointed officials
take the necessary actions to save Victory Stadium for future generations of
Roanokers.
494
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The City Manager
presented a summary of some of the accomplishments by City employees
during the year 2004:
The City of Roanoke's 2004 United Way Campaign surpassed
its goal of $75,000.00 by approximately $7,000.00, with City
employees having given in excess of $82,000.00, which is a
significant achievement inasmuch as approximately 180
employees from the City's Water and Wastewater operations
were transferred to the newly formed Western Virginia Water
Authority on July 1, 2004.
Significant renovations were made to the Auditorium at the
Roanoke Civic Center which is now known as the Performing
Arts Theatre.
· The Department of Economic Development was awarded
national accreditation.
New right-of-way excavation and restoration standards were
initiated through the City's Engineering Department which will
lead to improved appearance of City streets and improved
rideability for citizens.
The Department of Human Resources employed a full time
nurse practitioner to serve not only City employees but
members of their immediate families which has significantly
contributed to the City's lower than normal health care costs.
The Police Department continues to be successful in
implementation of geographic policing which has generated
significant citizen support.
The Department of Technology recently launched a new web
site for the City of Roanoke and continues to redesign and
enhance the service for Roanoke's citizens.
The City continues to engage in a successful recycling program
which has led to an annual cost avoidance of just under
$100,000.00, and for the third month since July 1, 2004, the
City has not paid to have its recyclables disposed of due to the
level of participation by Roanoke's citizens.
The Fourth Leadership College, sponsored by the Department
of Housing and Neighborhood Services, was recently
completed.
495
The Finance Department, with the assistance of certain other
City departments, saved taxpayers more than $2.7 million by
refinancing General Obligation Bonds.
The City of Roanoke collaborated with the Emergency Medical
Services Department and the Office of Emergency and
Environmental Management to create, fund and train the first
Swift Water Rescue Team.
The Department of Parks and Recreation planted
approximately 700 trees in the City of Roanoke through the
City's Urban Forestry Program.
· A significant public/private partnership was opened in
Ridgewood Park.
The City Manager advised that all of the accomplishments by City
employees during the past year are too numerous to mention and the above
represents onlya summary of activities performed by City staff as they strive
to provide the very best in quality services to Roanoke's citizens.
At 3:20 p.m., the Mayor declared the Council meeting in recess for a
briefing by the City Manager and one Closed Session.
At 3:25 p.m., the Council meeting reconvened in the Council's
Conference Room, with all Members of the Council in attendance, Mayor Harris
presiding.
TRAFFIC-PARKING FACILITIES: Philip C. Schirmer, City Engineer,
presented a briefing on supply and demand for parking and continued efforts
to acquire property for parking in the downtown Roanoke area.
As background, he advised that:
Two major studies of parking in the downtown area were
completed by Wilbur Smith and Associates and DESMAN in
September 2001 and October 2002, followed by Council
briefings.
Studies included the Gainsboro, Old Southwest and downtown
area and concluded that overall, sufficient parking exists in the
downtown area, but parking is not well distributed.
Copy of an Executive Summary, Downtown Roanoke Virginia
Parking Study, prepared by Wilbur Smith and Associates, was
presented.
496
In response to the study, City staff was instructed to study
parking in more detail in the downtown area; i.e.: Municipal
Building, Campbell Avenue on the north side, Second Street up
to 6'h Street, Luck Avenue, The Jefferson Center area and the
Church Avenue corridor.
Aconsultant was engaged and interviews were conducted with
virtually all stakeholders that own or control parking in the
area, i.e.: the Red Cross, First Baptist Church, YMCA, The
Jefferson Center, City functions for the courts, municipal
operations, Channel 10, and Oakey's Funeral Home, etc.
At the time the study was conducted, projects involving the
new YMCA Aquatic Center, as well as the second phase of the
new Police building, were discussed.
Council previously approved a plan that called for the City to
provide parking for the new police building and vehicles
associated with the operation in a parking garage space.
The Jefferson Center has always been a key component, as well
as potential development of the Cotton Mill property.
The majority of properties are zoned C-3. Under the City's
Zoning Ordinance, C-3 development does not require any on
site parking, which overall increases the demand on the public
sector to provide a certain amount of space.
The conclusion of the DESMOND study was that during peak
day demand or between 10:00 a.m. and 2:00 p.m., there is a
deficit of approximately 500 parking spaces. Another demand
on the area is The Jefferson Center, with the potential that a
major weekend event could create a deficit of 303 parking
spaces.
At the Council's Financial Planning Session in March 2003,
Council approved, as a part of the City's capital spending plan,
a $7.2 million project to build a 500 space parking garage and
at that time, a site had not been identified.
As City staff reviewed the parking garage and the need for
parking in the area, there appeared to be two focuses for the
demand for parking, i.e.: at the east end of the alley and
around The Jefferson Center and the YMCA building.
Initially, a 500 space parking deck was envisioned which led to
the question of where to place a single deck, which then led to
discussion about dividing the deck into two separate decks.
497
· A map was presented showing various sites that were
reviewed.
The site that is being actively pursued is property owned by
the Red Cross, Official Tax Nos. 1113512, 1113513 and
1113514, located at the corner of 5'h Street and Luck Avenue, S.
W., and the Roanoke Times property, Official Tax No. 1010829,
located on Campbell Avenue, S. W.
Allocation of parking spaces between the two decks has not
been determined, but should be in the range of 250 - 300
parking spaces per deck.
Council Member Wishneff requested written information on Council
briefings prior to the Council meeting.
With regard to the status of the former YMCA building, the City Manager
advised that when the building is turned over to the City within the next
30 - 45 days, input by Council will be needed on whether the building should
be placed on the market for sale, or whether the building should be kept on
the site in order to market the potential for future development, or whether
the building should be demolished; when the building is transferred to
ownership by the City, the City or the purchaser will be responsible for
demolition costs; and an underground storage tank was removed and other
environmentally sensitive issues relative to the building have been addressed.
The City Manager further advised that the Campbell Avenue parking
garage should be constructed first; to accommodate the new YMCA and
others, a City owned lot on Church Avenue has been leased to the YMCA and a
second entrance has been constructed to the facility so that when the parking
garage is constructed, visitors may enter the building on the second floor, or
through the rear door. She stated that it has been reported that a developer
has purchased the former Harris Office Furniture building, which is located
immediately adjacent to the area where the City plans to construct the
parking garage on Campbell Avenue, for the purpose of developing 15
condominium units and one of the reasons stated by the developer that the
site was selected was due to the proposed location of the new parking garage.
Following further discussion, it was the consensus of Council that the
briefing would be continued until the next regular meeting of Council on
Monday, January 3, 2005. The Council requested a written report on the
status of Campbell Avenue parking and copy of the 2OO1 and 2002 parking
studies. Other topics for possible discussion include a review of information
prepared by the Executive Director of Downtown Roanoke, Inc., identifying
locations of all downtown living units, additional property needs by the City in
the downtown area, and an update on the status of relocating the Social
Security Administration building.
498
With regard to the two parking studies, the Mayor suggested that
Council Members Lea, Wishneff and McDaniel be briefed by City staff prior to
the January 3 Council meeting, and a decision could then be made as to
whether additional Council briefings are in order.
At 3:45 p.m., the Council convened in Closed Session.
At 5:35 p.m., the Council Meeting reconvened in the City Council
Chamber, with all members of the Council in attendance, Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Fitzpatrick moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information
Act; and (2) only such public business matters as were identified in any
motion by which any Closed Meeting was convened were heard, discussed or
considered by City Council. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor
advised that the four year terms of office of Robert B. Manetta, Richard A. Rife,
Paula L. Prince and Fredrick M. Williams as members of the City Planning
Commission will expire on December 31,2004. He advised that the following
persons were interviewed by the Council for the vacancies:
John Fulton
Wendy Jones
Robert B. Manetta
Paula L. Price and
Fredrick M. Williams
The Mayor requested that Council Members cast their votes for no more
than four persons each.
FOR MS. PRINCE: Council Members Lea, McDaniel, Wishneff, Cutler,
Dowe, Fitzpatrick and Mayor Harris ....................................................................... 7.
FOR MR. MANETTA: Council Members Lea, McDaniel, Wishneff, Cutler,
Dowe, Fitzpatrick and Mayor Harris ....................................................................... 7.
FOR MR. RIFE: Council Members McDaniel, Cutler, Dowe, Fitzpatrick and
Mayor Harris ............................................................................................................. 5.
499
FOR MR. WILLIAMS: Council Members McDaniel, Cutler, Dowe and
Fitzpatrick ................................................................................................................. 4.
FOR MS. JONES: Council Members Lea, Wishneffand Mayor Harris ......... 3.
FOR MR. FULTON: Council Members Lea and Wishneff ............................. 2.
The Mayor advised that Ms. Prince, Mr. Manelta, Mr. Rife and Mr.
Williams were reappointed as members of the City Planning Commission, for
terms of three years each, commencing January 1,2005 and ending December
31,2OO8.
Council Member Wishneff requested that the record reflect that he did
not vote for two of the current members of the City Planning Commission
because certain persons in lhe community have expressed concern with
regard lo the manner in which they have been received by the City Planning
Commission and the unrealistic thought process of some Planning
Commission members. He expressed concern that the perspective of some
members of the City Planning Commission could affect the ability of the City
of Roanoke to attract new investment to the community.
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES-DISABLED
PERSONS: The Mayor advised that the three year term of office of Carol D.
Tuning as a member of the Fifth Planning District Disability Services Board
will expire on January 31, 2005; whereupon, he opened the floor for
nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Carol D. Tuning.
There being no further nominations, Ms. Tuning was reappointed as a
member of the Fifth Planning District Disability Services Board, for a term
ending January 31, 2006, by the following vole:
FOR MS. TUNING: Council Members Lea, McDaniel, Wishneff, Cutler,
Dowe, Fitzpatrick and Mayor Harris ....................................................................... 7.
At 5:45 p.m., the Mayor declared the Council meeting in recess
until 7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, December 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 C. Nelson Harris presiding.
PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J.
Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and
Mayor C. Nelson Harris ............................................................................................ 7.
ABSENT: None ................................................................................................ O.
5OO
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Bland A. Painter, III, Betty J. Painter
and FR-1 Investments, LLC, that property located on Franklin Road and
Wonju Street, S. W., identified as Official Tax Nos. 1272507, 1 ! 50108, ! 272504,
1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109, a
portion of Norfolk Southern right-of-way, and a portion of right-of-way owned
by the Commonwealth of Virginia, be rezoned from C-2, General Commercial
District, and LM, Light Manufacturing District, to INPUD, Institutional Planned
Unit Development District, such rezoning to be subject to certain conditions
proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday December 3, 2004 and Friday, December 10, 2004.
The City Planning Commission submitted a written report advising that
the petitioner proffers the following:
The one billboard located on the property shall be removed
prior to final approval of a comprehensive site plan
affecting the property on which the billboard is located.
The design of ail buildings constructed on the property
shall be architecturally integrated and compatible through
the use of common materials and style.
Should the parcels which comprise the property be
combined or subdivided, the proffered conditions shall bind
each subdivided or re-combined parcels, as applicable.
Building facades facing Franklin Road shall be designed to
resemble the architecture of, and incorporate elements
found in the rest of the project; architectural interest will
carry through to prevent the appearance of a blank wall;
facades shall be articulated with one or more of the
501
following elements: window display boxes visible to
vehicles and pedestrians along Franklin Road, awnings and
canopies, blade signs (i.e. signage perpendicular to the
building fa~;ade to which it is attached) for tenant
identification so long as such blade signage is ten square
feet or less, architectural lighting, landscaping, etc.
Average foot candle illumination levels for parking areas
and drives shall not exceed eight foot candles as measured
and determined by the Zoning Administrator.
The City Planning Commission recommended that Council approve the
request for rezoning.
Mary F. Goodlatte, Attorney, representing the petitioners, appeared
before Council in support of the request.
Mr. Fitzpatrick offered the following ordinance:
(#36925-122004) AN ORDINANCE to amend ,36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 115 and 127, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 221.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36925-122004. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing; whereupon, the following
persons addressed Council.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., whose property is
adjacent to the proposed development, advised that she has relied on City
Council as elected officials and on Council's appointees to the City's
authorities, boards and commissions to uphold the City's Comprehensive Plan
and other tools that are used for guiding the direction of the City of Roanoke.
Therefore, she asked that Council review the proposed building design to
ensure conformance with the City's Comprehensive Plan; i.e.: tree coverage,
setback, parking, etc. She expressed concern with regard to flooding and
measures to be taken by the developer to prevent flooding as it relates to the
proposed project and to her adjoining property. She stated that the City
Planning Commission voted 5 - 2 in favor of the request for rezoning;
Planning Commission members voiced numerous concerns with regard to the
proposed development that, due to time constraints, were not answered,
therefore, she requested that Council ensure that all questions are
satisfactorily addressed. She added that citizens are in favor of economic
502
development, the proposed project will include a drug store and a grocery
store, it has been reported that a new grocery store will open in Towers Mall,
and drug stores currently exist in the area. Therefore, she questioned
whether drug stores and grocery stores will create economic development for
the City.
Everett Ward, 5135 Crossbow Circle, Roanoke County, owner of Tinnell's
Finer Foods located on Crystal Spring Avenue, S. W., requested that the
developer's economic studies for increased revenues to the City of Roanoke
be made public so that taxpayers and long term businesses may comment on
the statistics. He expressed concern with regard to loss of revenue for
existing businesses and advised that with smaller profit margins, Roanoker's
will see changes in their neighborhood centers and in their neighborhoods
overall. He stated that small retailers live by small profit margins and large
personal debt, and a small decrease in business and bottom line revenue
could result in financial consequences that the City has not added into its
calculations. He added that any decrease in revenue could result in difficulty
with regard to identifying the necessary capital for improvements, as well as
severed relationships with suppliers who choose to discontinue business if
orders decrease. He stated that long term existing retailers may decide that
the long hours and lower pay are not worth the effort, especially when the
City does not offer similar tax incentives for improvements, but provides
rebates or incentives only to certain developers as a way to encourage large
external retailers to locate in the City of Roanoke. He advised that the
proposed tax incentives are a taxpayer funded barrier to free trade; and
requested a full disclosure of facts and agreements as they pertain to the
proposed development.
Frank Smith, 3021 Rosalind Avenue, S. W., President of Neighbors in
South Roanoke, expressed concern that there has not been adequate time for
public comment and full disclosure of the facts regarding the proposed
development. He called attention to the importance of understanding the
procedure and how decisions are made by the City; and citizens have
requested that they be given the opportunity for a fair hearing and that they
be a part of the discussion in order to form good neighborhood bonds with
City Council. He stated that it is also a matter of concern that in order to
understand and to obtain information concerning City administrative
proceedings, it has become necessary for citizens to file Freedom of
Information Act requests with the City.
Mr. Robert Gravely, 727 29'h Street, N. W., expressed concern with regard
to certain incentives offered by the City to encourage businesses to locate in
the City of Roanoke; the loss of the City's population base, with young people
exiting the City every day; inadequate wages for City employees; and the
average person living in the City of Roanoke cannot afford to purchase a
house.
There being no further speakers, the Mayor declared the public hearing
closed.
5O3
Council discussion/questions:
Maryellen F. Goodlatte, Attorney, representing the petitioners, advised
that questions have arisen with regard to whether there has been proper
notification of property owners/citizens of the proposed rezoning. She stated
that the process which has been followed in the rezoning currently before the
Council is the same process that is followed whenever property is rezoned in
the City; i.e.: adjoining property owners are notified, the appropriate
neighborhood association is notified, the City's web site provides additional
information, a notice of public hearing is published in The Roanoke Times, and
the City Planning Commission holds a public hearing at which time the public
is given the opportunity to comment; therefore, the same process has been
followed in this instance as is followed in all other requests for rezoning. She
noted that at the beginning of any rezoning process, City staff determines ifa
proposed project is in conformance with the City's Comprehensive Plan, and it
is not unusual for Planning staff to point out any instances where a project
does not conform to the City's Comprehensive Plan, however, in this instance,
City staff noted no such areas of nonconformance and instead referenced six
specific sections of compliance with the City's Comprehensive Plan. If the
proposed rezoning is approved by Council, she pointed out that other permits
are required to be issued and City staff will have the opportunity to review
final plans; and in this instance, regulatory agencies such as the U. S. Army
Corps of Engineers, the Federal Emergency Management Agency (FEMA) and
the Department of Environmental Quality (DEQ) will also be involved in the
approval process.
Question was raised with regard to parking; whereupon, Ms. Goodlatte
advised that parking issues are in compliance with the City's Comprehensive
Plan in that parking will be minimized due to the structured parking that the
site affords; and parking will be underground in a parking garage, as well as
on premises, in order to allow for more dense development. She stated that
the proposed rezoning classification is Institutional Planned Unit
Development which provides for architecture and placement that is
encouraged by the Comprehensive Plan, but is not permitted under the
current C-2 zoning classification, and INPUD zoning places numerous up front
requirements on the developer involving a considerable amount of
engineering design, with plans to be reviewed and closely monitored by City
staff.
Another question was raised with regard to why the petitioners declined
to provide a ! 5 per cent tree canopy on the parking lot as requested by the
City Planning Commission. Ms. Goodlatte advised that a 15 per cent tree
canopy is, in fact, the goal of the petitioners, but the petitioners could not
proffer 15 per cent because it might create certain challenges as development
of the site is maximized. She indicated that City staff was supportive of the
plan which provides for not only street trees, but interior parking areas that
will be landscaped, rather than a mandatory tree canopy percentage.
504
Question was raised with regard to the level of interaction with the
neighborhood, or the neighborhood organization; whereupon, Ms. Goodlatte
advised that at the outset of any request for rezoning, City staff notifies the
appropriate neighborhood association and adjoining property owners. She
stated that at the time that the rezoning was before Council approximately
two years ago, when a smaller and different project was under consideration,
there were significant neighborhood meetings, outreach and discussion; at
this point, the concept of a commercial development at the corner of Wonju
Street and Franklin Road has been well received by the neighborhood, and
recent issues tend to focus more on the economics of the project rather than
on the merits of the zoning. She reiterated that property owners have been
afforded the opportunity to discuss the project with City staff, Members of
Council and Members of the City Planning Commission.
Ms. Goodlatte was requested to address the issue of storm water
management and to summarize how the developer plans to address the
increasing volume of water from Ore Branch, from the standpoint of quantity
in times of flooding and pollution from water runoff.
Ms. Goodlatte responded that as previously indicated, a number of
agencies such as DEQ, FEMA and the U. S. Army Corps of Engineers must
approve the relocation of Ore Branch because the property is located in a
flood plain, and the developer has been working with these agencies and with
the City for some time to address the relocation of Ore Branch. She called
upon Bland Painter, who addressed the dimensions ora proposed culvert that
will be approximately ten feet high and 36 feet wide which conveys the water
coming from up stream through the site, another plan that addresses the rate
and velocity of water runoff, and several bioretention and bioinfiltration
measures that are proposed and require approval by the City.
Another question was raised with regard to the construction schedule;
whereupon, Ms. Goodlatte advised that Walgreens will be constructed first,
Ukrops anticipates a Fall of 2005 opening and the developer is working
diligently to develop the remainder of the site as quickly as possible.
There being no further discussion by Council, Ordinance No. 36925-
122004 was adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris: ................................................................................ 7.
NAYS: None: .................................................................................................. 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Carilion Medical Center, CHS, Inc., and
B & B Holdings that property located on Reserve Avenue, Franklin Road, and
5O5
Jefferson Street, S. W., identified as Official Tax Nos. 1032203, 1032209,
1032208, 1032207, 1032106, 1032105, 1032104, 1032103, 1032102, 1032101,
1032006, 1032005, 1032002, 1032001, 1032201, and 1031902, be rezoned
from HM, Heavy Manufacturing District, and C-1, Office District, to INPUD,
Institutional Planned Unit Development District, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 3, 2004 and Friday, December 10, 2004.
A report of the City Planning Commission advising that the petitioner
has requested the rezoning of 16 parcels of land containing approximately
22.15 acres to INPUD, Institutional Planned Unit Development District, for the
purpose of developing a bio-medical research park, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning advising that Institutional Planned Unit Development
District, INPUD, is an appropriate application of the district given the mix of
uses and size of the proposed development and the petition for rezoning is
consistent with many design principles and policies as set forth in Vision
2001-2020, the City's Comprehensive Plan.
Mr. Dowe offered the following ordinance:
(#36926-122004) AN ORDINANCE to amend ,36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to the
Institutional Development Plan, entitled Riverside Corporate Centre, dated
October 5, 2004, revised November 11 and November 24, 2004, and certain
conditions proffered by the applicants; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 223.)
Mr. Dowe moved the adoption of Ordinance No. 36926-122004. The
motion was seconded by Mr. Fitzpatrick.
Robert B. Manetta, spokesperson representing the petitioners, appeared
before Council in support of the request.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared
the public hearing closed.
Council discussion/questions:
5O6
Mr. Manetta was requested to explain how the floodplain issue will be
addressed; whereupon, he stated that there will be some raising of the level of
the development to the len year floodplain; parking will be provided on the
first floor, of the building so that when approaching the building there will be
no occupancy on what would normally be considered the first floor, which
takes the building out of the flood plain.
Question was raised with regard to the status of construction;
whereupon, Curtis Mills, Vice President, Carilion Health Systems, advised that
it is anticipated that one of the buildings will be completed by the Spring of
2005, with a goal to have the second building under construction. He advised
that the building housing the laboratory will be constructed in two stages, i.e.:
two stories initially, followed by a design plan to be approved by the Roanoke
Redevelopment and Housing Authority for future development, and the
commercial office building will be four stories above parking on the ground
floor; it is believed that building design is neighborhood friendly; sidewalks
will extend from the public sidewalk to the campus between each building; the
former Moores building will be used on a temporary basis during the
construction project at Carilion Roanoke Memorial Hospital in order to
relocate the information services function from the Kimball Avenue location,
and it is envisioned that the Moores building will be demolished in
approximately three years, at or around the same time as demolition of the
mill structure.
Mr. Manetta called attention to discussion with regard to installation of
infrastructure along Jefferson Street within the park so that when the cement
company vacates the premises something visible will be in place.
There being no further discussion, Ordinance No. 36926-122004 was
adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
CITY PROPERTY-HOUSING/AUTHORITY: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday,
December 20, 2004, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the proposal of the City of Roanoke to convey approximately 23.742
acres, more or less, of City-owned property fronting on Colonial Avenue, S. W.,
identified as Official Tax No. i 570101, subject to certain terms and conditions
as contained in a contract proposed to be entered into by the City of Roanoke
and Colonial Green, L.C., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December i 3, 2004.
5O7
A communication from the City Manager advising that the City and
Colonial Green, L. C., (originally Colonial Partners, I_LC) the developer
previously selected through a Request for Proposals for development of
approximately a 23 acre City-owned property located on Colonial Avenue, have
completed negotiation ofaland disposition and development agreement;
and the agreement provides for the phased disposition and physical
development of the site in a manner consistent with provisions of the City's
Request for Proposals for creation of a mixed density traditional
neighborhood design and layout.
It was further advised that the proposed development, which will
require the approval of a rezoning petition to rezone the property from RS-2,
Single Family Residential District, to RPUD, Residential Planned Unit
Development District, is proposed to be comprised of approximately 28 single
family, 61 townhouse, and 90 multi-family dwelling units; the site will also
contain an additional 42,000 square feet of residential, live-work, and
commercial space, contained in a mixed-use structure located along Colonial
Avenue frontage; and development of the project will be subject to an
approved RPUD development plan and general site and architectural design
guidelines contained in the Development Pattern Book, which will' be a
proffered condition of the rezoning request.
It was explained that the developer will be responsible for provision of
all public improvements for development, including construction and
dedication of public rights-of-way, water and sewer utility infrastructure,
storm water infrastructure, open spaces, and landscaping; the developer will
be responsible for provision of private infrastructure, including natural gas,
electric, cable television and telephone service facilities; the developer will
also construct a distinctive gateway entrance into the development from
Colonial Avenue and will share in the cost of any required future signalization
at the entrance with Colonial Avenue up to $50,000.00; all public
improvements on the site will be subject to requirements of the City's
Subdivision Ordinance, including all applicable surety amounts; total amount
of the developer's investment for the project is estimated at slightly over $49
million; and it is estimated that at build out, the development would generate
over $700,000.00 in real estate tax revenue annually to the City.
The City Manager advised that the agreement provides for the
approximately 23.7 acre property, currently assessed at approximately $2.6
million, to be conveyed to the developer in three phases for normal monetary
consideration, in exchange for the developer agreeing to develop the site as a
traditional neighborhood community consistent with the City's Vision 2001-
2020 Comprehensive Plan, and providing all required site development
infrastructure; the agreement provides that conveyance to the developer at
each phase will be triggered by a specific level of completion of either
infrastructure or dwelling units in the preceding phase; each phase provides
for a similar number of various dwelling unit types to be constructed, so that
5O8
at any given time during development of the project, a full variety of housing
types will be available to market; the agreement contemplates that
development would be completed within seven years from the date of
initiation; the proposed agreement confirms the remaining term of an existing
lease of a portion of the property to New Vista Montessori School; and the
lease agreement for that portion of the site will remain in effect until
August 31, 2005.
The City Manager recommended that she be authorized to execute the
development agreement on behalf of the City of Roanoke.
Mr. Cutler offered the following ordinance:
(#36927-122004) AN ORDINANCE authorizing the City Manager to enter
into a land disposition and development agreement between the City of
Roanoke and Colonial Green, L.C., to provide for the conveyance, in phases, of
approximately 23 acres of City property on Colonial Avenue, S. W., to Colonial
Green, L.C., the developer, in exchange for the development and creation of a
mixed density traditional neighborhood community design and layout
consistent with the City's Vision 2001 - 2020 Comprehensive Plan, and
furnishing all required site development infrastructure for the project, 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. 69, Page 224.)
Mr. Cutler moved the adoption of Ordinance No. 36927-122004. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing; whereupon, the following
persons addressed Council.
Elizabeth Cranwell, 1911 Mountain View Road, Vinton, Virginia,
President, Board of Directors, New Vista Montessori School, spoke with regard
to the impact of the proposed Colonial Green, development on the Montessori
school.
As background, Ms. Cranwell advised that:
The New Vista Montessori School, located at 3379 Colonial
Avenue, S. W., was founded in September 2001 by a group of
parents and teachers following closing of the Roanoke
Montessori School.
· The Roanoke Montessori School was previously known as the
Shedd School.
5O9
Several decades ago, the City of Roanoke partnered with
founders of the Shedd School and allowed construction of the
school on City property; the land was rented to the Shedd
School and the agreement stipulated that when the non profit
organization operating the Shedd School, which later became
the Roanoke Montessori School dissolved, the school building
would become the property of the City of Roanoke.
When New Vista Montessori School was established, officials
approached the City with a request to lease the school
building, which was approved by a five year lease, renewable
on a yearly basis until August 31,2005.
Ms. Cranwell advised that since the opening of New Vista Montessori
School in September 2001, more than 150 children, ranging in age from three
to nine, have been educated, some of whom attend the school on a partial
need scholarship. She explained that the educational method at New Vista is a
hands on learning approach that allows children the freedom to choose their
work in a well organized environment; the school provides a system of
education that enables thechild to achieve as much as he or she is capable of,
while respecting the individual abilities of each child; and the Montessori
approach instills a sense of community and responsibility to others.
She stated that when New Vista was organized, the goal was to have
teachers certified both as educators and as Montessori teachers and that New
Vista would become accredited by the American Montessori Society; and
today, three of New Vista's four teachers are both certified elementary
teachers and certified Montessori instructors, with the fourth teacher to
receive her Masters Degree in education in the Spring of 2005 and complete
her Montessori training by the end of the Summer of 2005; and New Vista is
the only school in the Roanoke Valley that is American Montessori Society
affiliated, which is the first step toward accreditation.
Ms. Cranwell advised that it is a well known fact that the marketability
of a region is greatly enhanced by the choices that the community has to
offer, whether they be in housing,jobs, cultural activities, retail or educational
opportunities; however, it should be noted that the proposed Colonial Avenue
development threatens the future of New Vista Montessori School. She added
that knowing of the City's desire to develop the property, representatives of
New Vista have, for several years, looked for another suitable location;
however, as a nonprofit school with limited resources, the majority of options
have been cost prohibitive; and officials of the school will continue to look
and to strategize in an effort to save the New Vista Montessori School and to
ensure this educational opportunity for future generations of Roanoke's
children.
510
In closing, Ms. Cranwell emphasized that she did not appear before
Council in protest of the proposed development on Colonial Avenue, but to
advise that it is hoped that the City will continue to work with officials of New
Vista Montessori School in its efforts to find another location.
Mr. Gary Bowman, 3580 Wright Road, S. W., referred to traffic studies
that were conducted by the City in 1989-90 to initiate traffic calming
measures on Rosewood Avenue, Creston Avenue and Wright Road, S. W., which
is a connection between Brambleton Avenue and Colonial Avenue. Until
recently, he advised that residents of the area were not aware of the proposed
Colonial Avenue development or the public hearing; therefore, he requested
that Council require a second reading of the ordinance authorizing
conveyance of the land to Colonial Green, L.C.,and/or conduct another public
hearing at a later date which will afford citizens more time to collect
information about the proposed development and to provide input with
regard to both the proposed conveyance of land by the City and development
of the property.
There being no further speakers, the Mayor declared the public hearing
closed.
Council discussion/questions:
Question was raised as to what extent the City of Roanoke can be of
assistance to the New Vista Montessori school in its efforts to identify another
location; whereupon, the City Manager advised that the City has worked with
the Montessori school since the property was first referenced in a Request for
Proposals by signaling to the school that at some point in the future the City
would dispose of the property. She stated that alternative locations have been
offered; and some time ago, Council authorized the offering of the building to
New Vista in the event that an alternate location could be found where it
would be feasible to move the building. She called attention to discussions
with regard to relocating to a site adjacent to one of the City's downtown
churches that was previously used for a child care activity; the City's
Department of Economic Development has remained in contact with New Vista
Montessori school officials, and the City will continue to work with
representatives of the school to identify other sites.
David Hill, representing Hill Studio, architect for the Colonial Green
project, was requested to address plans for storm water management;
whereupon, he responded that approximately two acres of the site will be
sculpted in such a way that will cause storm water to drain into a series of
small ponds that will allow the water to soak into the soil around the site. He
stated that two other techniques will be used to address storm water in an
innovative way.
511
Vice-Mayor Fitzpatrick responded to Mr. Bowman's concerns/request by
advising that the City, as a property owner, must complete the rezoning
process before there can be a project; however, he stated that there will be
future opportunities for public input; i.e.: before the City Planning
Commission and the City Council. Like the Ukrop's project on Woniu Street
and Franklin Road, he stated that the Colonial Green project represents
another opportunity and responsibility on the part of the City to ensure that
limited land in the City of Roanoke is properly developed, while keeping in
mind that persons living in the area should have a clear understanding of the
project before any action is taken by the City Planning Commission or by the
City Council.
Upon question by a Member of Council as to whether officials of New
Vista Montessori School are of the opinion that the City is doing all that it can
to help the school in its efforts to find another location, Ms. Cranwell advised
that constructing a new building on a parcel of land that could be donated to
the school would cost in the range of $600,000.00 and is not affordable to
New Vista at this time; and officials of New Vista have been advised by a
contractor that the only portions of the present building that are salvageable
are the heating and air conditioning systems. She noted that school officials
are investigating other options that they would like to present to Council after
January 1, 2005.
There was discussion with regard to the time frame that the New Vista
Montessori school would be required to vacate the premises in which it was
noted that it would be at the discretion of the developer; and there have been
discussions between the developer and representatives of New Vista
Montessori School as to the date that the site would be needed by the
developer.
There being no further discussion, Ordinance No. 36927-122004 was
adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... 0.
CITY PROPERTY-COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to
action taken by the Council, the City Clerk having advertised a public hearing
for Monday, December 20, 2004, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the proposal of the City of Roanoke to extend the
lease of a portion of City-owned property known as the Commonwealth
Building, located at 210 Church Avenue, S. W., to the United States
Government, General Services Administration, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 13, 2004.
512
The City Manager submitted a communication advising that the United
States General Services Administration (GSA) currently leases space within the
Commonwealth Building; GSA uses the second floor of the building for the
Federal Bankruptcy Court and its affiliate offices; the current lease expired on
October 31,2004; the original agreement provides the GSA with an option to
continue the agreement on a month-to-month basis (not to exceed an
additional 90 day period), which the GSA is currently exercising; the GSA
desires to continue its lease of the second floor and to begin leasing an office
suite on the first floor as well; and the GSA wishes to extend the current
agreement to allow time to complete the necessary improvements to the first
and second floors.
It was further advised that the month-to-month option on the current
agreement does not provide sufficient time to complete improvements;
therefore, an extension of the current lease agreement is proposed to extend
through December 31, 2004; and with the 90 day maximum option provision
which would commerce on January 1, 2005, the GSA would have use of the
space under the current lease agreement until March 31, 2005, if necessary,
pending completion of ongoing improvements on the first floor and
finalization of a new lease agreement.
It was explained that currently, the GSA leases 12,413 square feet on the
second floor of the Commonwealth Building; current lease rate is $6.50 per
square foot, plus $4.07 per square foot for operating costs; and the agreement
requires an annual increase of operating costs based on the Consumer Price
Index 1982 - 1984 = 100; and current total annual rent is $131,290.08.
The City Manager recommended that she be authorized to offer and to
execute an extension of the existing lease agreement between the City of
Roanoke and the GSA through December 31,2004, to allow sufficient time for
renovation of the first floor office suite and completion of the new lease
agreement, with all documents to be approved as to form by the City
Attorney.
Mr. Fitzpatrick offered the following ordinance:
(#36928-122004) AN ORDINANCE authorizing the City Manager to
execute an amendment to the Lease Agreement between the City of Roanoke
and the United States General Services Administration for office space in the
Commonwealth Building, located at 210 Church Avenue, to extend the
expiration date of the current lease agreement from October 31, 2004, to
December 31,2004, with an option to lease such space on a month-to-month
basis not to exceed ninety (90) days, upon expiration of the lease agreement,
upon certain terms and conditions, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 225.)
513
Mr. Fitzpatrick moved the adoption of Ordinance No. 36928-122004. The
motion was seconded by Mr. Lea.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared
the public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 36928-122004 was adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick and Mayor Harris ................................................................................... 7.
NAYS: None ..................................................................................................... O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for
response, recommendation or report to Council.
SEWERS AND STORM DRAINS: Mr. Chris Craft, 1501 East Gate Avenue,
N. E., advised that a considerable amount of money will be spent for
development in the Colonial Avenue and Wonju Street/Franklin Road area;
however, there are other areas of the City, such as East Gate, that are in need
of improvements. He referred specifically to Yeager Avenue, N. E., and the
need for water and sewer connection which would cause the area to be more
attractive for the development of housing.
He commended Council on its leadership during the past year and asked
that Council give serious consideration to proposed obJectives for the City of
Roanoke in the year 2005, including the renovation of Victory Stadium.
MISCELLANEOUS: Mr. Robert Gravely, 727 29'h Street, N.W.,quoted Bible
scripture.
There being no further business, the Mayor declared the meeting
adjourned at 8:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor