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Home My WebLink AboutCouncil Actions 12-06-04 Fitzpatrick $6902-120604 ROANOKE CITY COUNCIl REGULAR SESSION DECEMBER 6, 2004 9.'00 A.M. ROOM 159 AGENDA Call to Order--Roll Call. (All Council Members were present- Mr. Wishneff arrived late.) 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)(]), Code of Virginia (1950), as amended. Approved (6-0 - Council Member Wishneff was not present when the vote was recorded.) File #110-132 Items listed on the 2:00 p.m. Council docket requiring discussion/clarification, and additions/deletions to the 2:00 p.m. agenda. (15 minutes) Topics for discussion by the Mayor and Members of Council. (15 minutes) Briefings: · Storm Water Utility Feasibility Study 20 minutes · C2C Housing Update 20 minutes · Traffic Calming Update - 20 minutes · Accreditation Efforts for 911 Center - 10 minutes · Zoning Update - 15 minutes A MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD WITH THE CITY'S REPRESENTATIVES TO THE GENERAL ASSEMBLY WAS HELD AT 12:00 P.M., IN ROOM 159. 2 ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD MONDAY, DECEMBER 6, 2004 12:00 NOON ROOM 159 AGENDA Call to Order: School Board Roll Call: School Board Welcome and Opening Remarks: Mayor Harris Chairperson Stockburger Presentation of the City/School 2005 Legislative Program. Remarks by Council Members, School Trustees, Staff. Remarks by Senator Edwards, Delegate Fralin and Delegate Ware. ROANOKE CITY COUNCIl REGULAR SESSION DECEMBER 6, 2004 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (All Council Members were present.) 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 C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, December 9, 2004, at 7:00 p.m., and Saturday, December 11, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 5 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-FED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-FED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-FEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution memorializing the late Hugh Ennis, Jr. Adopted Resolution No. 36902-120604. (7-0) File #367 A resolution naming Claudia Alexander Whitworth as Roanoke's Citizen of the Year for the year 2004. Adopted Resolution No. 36903-120604. (7-0) File #80-496 Shining Star Awards were presented to Shamica Steelman and Charles and Sarah Lex. File #80 CONSENT AGENDA C-1 C-2 C-3 Approved (7-0) ALL MA'I-rERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, October 18, 2004. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A communication from the City Manager requesting that Council schedule a public hearing for Monday, 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. RECOMMENDED ACTION: Concur in the request. File #373-524 Qualification of Earnestine Garrison as a member of the Youth Services Citizen Board, for a term ending May 31, 2006. RECOMMENDED ACTION: Receive and file. File #15-110-304 7 REGULAR AGENDA 4. PUBLIC HEARINGS: Encroachment of an awning eight feet above the sidewalk and 39 inches into the public right-of-way at 105 Wall Street, S. E. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36904-120604. (7-0) File #28-169 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. George J. A. Clemo, Attorney. No action was taken. File #53-467 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: PRESENTATION: Police Officer Retention 5 minutes The Honorable George M. McMillan, Sheriff, submitted a communication requesting that deputy sheriffs be included in the new classification program, effective January 1,2005; however, if sworn deputy sheriffs are 8 not included in the initiative, as of January 1, 2005, he proposed that Council implement the same reclassification of deputy sheriffs and provide the same pay increase for current deputy sheriffs, effective July 1,2005. The request was referred to the City Manager and to fiscal year 2005-2006 budget study. File #5-60-121 bo ITEMS RECOMMENDED FOR ACTION: Amendment of the Fee Compendium to establish a fee for outdoor dining permits for calendar year 2005. Adopted Ordinance No. 36905-120604. (7-0) File #289 Appropriation of $ 50,000.00 for tuition assistance for Fire-EMS personnel to enhance academic opportunities through Virginia Western Community College. Adopted Budget Ordinance No. 36906-120604. (7-0) File #60-70-467 DIRECTOR OF FINANCE: Appropriation of 2004B general obligation public improvement bond funds. Adopted Budget Ordinance No. 36907-120604. (6-1 - Mr. Wishneff voted no.) File #53-60 2. Financial report for the month of October, 2004. Received and filed. File #10 9 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. 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 recognizing the City of Roanoke as fifth place winner in the 75,000 - 125,000 population category. File #132-228 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, at the New Orleans Superdome. The City Attorney was requested to prepare the proper measure congratulating Virginia Tech for consideration by Council at its regular meeting on Monday, December 20, 2004. File #80-132-258 Vice-Mayor Fitzpatrick advised that approximately 32 per cent of college students who are natives of the Commonwealth of Virginia attend college within a 50 mile radius of the City of Roanoke, and suggested that the City Manager submit a recommendation(s) on a concept(s) to acknowledge those colleges and universities. File #80-132-467 ]0 Council Member Cutler advised that he represented the City of Roanoke at a meeting of the Virginia Sustainable Building Network on .Friday, Dece.mber 3, 2004, and encouraged the City to join the organization to ensure that future new buildings will adopt new energy, conservation and recyclable material guidelines. File #132-251 Council Member Dowe congratulated the Roanoke Branch, NAACP on the successful Freedom Fund Banquet which was held on Friday, December 3, 2004, and the diversity of those persons in attendance. 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. File#5-70-80-121 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 1 2. CITY MANAGER COMMENTS: The City Manager recognized the Jefferson College of Health Sciences, a four year college which is located in the City of Roanoke. File #467 The City Manager presented each member of Council with a copy of the Municipal Calendar which will be mailed to each City household and advised that the City's Quarterly Citizen Magazine will be mailed to each City residence in January, 2005. File #80 The Council meeting was declared in recess to be reconvened in Room 159 for a traffic calming update by City staff. CERTIFICATION OF CLOSED SESSION. (4-0 - Mayor Harris and Council Members Dowe and Lea were not present when the vote was recorded.) C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S~W., ROOM 452 ROANOKE, VIRGINIA 24011 - 1594 TELEPHONE: (540) 853-2444 FAX: /540) 853-1145 December 6, 2004 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council; 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. Sincerely, CNH:snh C. Nelson Harris Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www. ro~nokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA 24011 Dear Mayor Harris and Members of Council: Subject: Storm Water Utility Feasibility Study This is to request space on Council's regular agenda for a 20 minute presentation on the above referenced subject. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA 24011 Dear Mayor Harris and Members of Council: Subject: C2C Housing Update This is to request space on Council's regular agenda for a 20 minute presentation on the above referenced subject. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December6,2004 Honorable C. Nelson Harris, Mayorand Members of City Council Roanoke, VA 24011 Dear Mayor Harris and Members of Council: Subject: Traffic Calming Update This is to request space on Council's regular agenda for a 20 minute presentation on the above referenced subject. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA 2401 I Dear Mayor Harris and Members of Council: Subject: Accreditation Efforts for 911 Center This is to request space on Council's regular agenda for a 10 minute presentation on the above referenced subject. Respectfully submitted, Darlene L. But~¥am City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA 24011 Dear Mayor Harris and Members of Council: Subject: Zoning Update This is to request space on Council's regular agenda for a 15 minute presentation on the above referenced subject. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk WILLIAM M. HACKWORTH CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 5400853-243 FAX: 540-853-1221 EMAIL: cityalty@ci roanoke.va us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITy AqlTOR NEYS November 23, 2004 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 Dear Sena~~wards: I am pleased to enclose an advance copy of the City's Legislative Program for the 2005 Session of the General Assembly. I know that City Council is looking forward to meeting with you and the other members of our delegation to discuss legislative matters on Monday, December 6, 2004, at 12:00 noon. The meeting will be held in Room 159, Emergency Operations Conference Room, First Floor, Municipal Building. With kindest personal regards, I am WMH:f Enclosure CC: Sincerely yours, William M. Hackworth City Attorney The Honorable Mayor and Members of City Council w/enc. ,.~arlene L. Burcham, City Manager w/enc. ry F. Parker, City Clerk w/enc. Thomas A. Dick, Legislative Liaison w/enc. KSLEGIS\l-legisetalncwprogrtun2005,doc WILLIAM M. HACKWORTH CITY ATI~ORN EY CITY OF ROANOKE OFFICE OF CITY ATTORNEY -464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty @ ci.roanoke.va.us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS November 23, 2004 The Honorable William Fralin Member-Elect, House of Delegates P. O. Box 29600 Roanoke, Virginia 24018 Dear Del,~alin: I am pleased to enclose an advance copy of the City's Legislative Program for the 2005 Session of the General Assembly. I know that City Council is looking forward to meeting with you and the other members of our delegation to discuss legislative matters on Monday, December 6, 2004, at 12:00 noon. The meeting will be held in Room 159, Emergency Operations Conference Room, First Floor, Municipal Building. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f Enclosure cc: The Honorable Mayor and Members of City Council w/enc. Darlene L. Burcham, City Manager w/enc. Mary F. Parker, City Clerk w/enc. Thomas A. Dick, Legislative Liaison w/enc. K:\LEGIS\Megisetalnewprogram2005 fralin.doc WILLIAM M. HACKWORTH C13~ AT'FORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 - 1595 TELEPHONE: 540-853-243 I FAX: 540-853 1221 EMAIL: cityat ty @ ci.roanoke.va.us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER p. FERGUSON A S SISTANT CITY ATTORNEys November 23, 2004 The Honorable Onzlee Ware Member-Elect, House of Delegates Suite 404, Shenandoah Building 301 1st Street, S.W. Roanoke, Virginia 24011 Dear D~ I am pleased to enclose an advance copy of the City's Legislative Program for the 2005 Session of the General Assembly. I know that City Council is looking forward to meeting with you and the other members of our delegation to discuss legislative matters on Monday, December 6, 2004, at 12:00 noon. The meeting will be held in Room 159, Emergency Operations Conference Room, First Floor, Municipal Building. With kindest personal regards, I am WMH:f Enclosure CC; Sincerely yours, William M. Hackworth City Attorney The Honorable Mayor and Members of City Council w/enc. Darlene L. Burcham, City Manager w/enc. Mary F. Parker, City Clerk w/enc. Thomas A. Dick, Legislative Liaison w/enc. K:\LEGIS\l-legisetalnewprog~am2005 fralin.doc 2005 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice-Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff SCHOOL BOARD Kathy G. Stockburger, Chair Robert J. Sparrow, Vice-Chair William H. Lindsey Gloria P. Manns Alvin L. Nash Courtney W. Penn Dr. David B.Trinkle CITY MANAGER Darlene L. Burcham ACTING SUPERINTENDENT Doris N. Ennis William M. Hackworth City Attorney 464 Noel C. Taylor Municipal Building Roanoke, VA 24011 540-853-2431 INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 2005 Session of the General Assembly. The City Council, representing all the people of our All-America City, is uniquely qualified to understand the legislative needs of City government and our people. We are of the opinion that this Program is responsive to those needs. As a policy matter, we continue to believe that local governments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and the most responsive. We continue to be concerned about the cumulative effect of Federal and State legislative and regulatory mandates, many of which are unfunded, the continued erosion of local revenue sources, and the State's fiscal woes. This Program is a combined Program for City Council and the School Board. You will note that we have made a conscientious effort to pare our Program down to the issues that we believe are most important to the citizens of this City. The City Council portion was prepared by the City's Legislative Liaison, Thomas A. Dick, and City Attorney, William M. Hackworth, with the assistance of comments and suggestions from Council members, City administrators, and citizens. The School Board portion was prepared by Richard L. Kelley, Assistant Superintendent for Operations, who serves as Legislative Liaison for the School Division, with the assistance of advice and comments from the School Board and administrators. The entire Program has been carefully reviewed by City Council's Legislative Committee, which consists of all the members of Council, and William H. Lindsey and Courtney W. Penn. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on November 15, 2004. See Resolution No. 36898-111504 a copy of which is attached. If during the course of the Session our legislators have questions concerning the position of the City or School Board on legislative matters, they are encouraged to contact the Legislative Liaison for the City or School Board, who I know will be pleased to respond after consultation with appropriate officials. I also know that representatives of the City and School Board will be in contact with our legislators on many occasions during the 2005 Session, and their consideration of these communications is deeply appreciated. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. C. Nelson Harris, Mayor City of Roanoke 2005 Legislative Program Legislation Requested Car Tax - 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 FY 2006 so that localities that bill in the Spring, as Roanoke City does, receive the revenue in the same fiscal year billed, which is how it has been collected historically. 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 this budget shortfall. Health Department - The City requests an amendment to the Commonwealth's 2004-2006 budget to allow the City's Health Department to consolidate and relocate its operations and move into the new Human Services Building on Williamson Road. The City will pay its share and needs the State to provide $187,958 in each year of the budget for its portion of the rent. Mass Transit Taxation - 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 annually. The public transit systems in Richmond, Lynchburg and Alexandria are also affected. Historic Districts - The City requests legislation to amend §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. This will benefit the City's historic neighborhoods. Public Safety - The City requests an amendment to §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. The current 30 day period should be reduced to 15 days. This will benefit the City's neighborhoods. Other Legislative Priorities Opposition to Additional State Fees - The City opposes additional State fees on local services, such as a landfill disposal fee, a State trash tax, or a Statewide "flush tax" intended to address problems with the Chesapeake Bay. State programs should not be funded by local "add on" taxes or fees, which may or may not be returned to localities. Waste Container Removal - The General Assembly should enact legislation enabling localities to assess civil penalties against those who fail to remove their trash containers from the street within the time period required by the locality. This would benefit the City's neighborhoods. Constitutional Amendment for Partial Tax Exemption - The General Assembly should pass an amendment to Article X, Section 6(a)(7)(h) of the Constitution of Virginia to provide authority for the passage of legislation authorizing localities to provide for a partial exemption from local real property taxation of new construction in conservation, redevelopment or rehabilitation areas. The Constitution already permits this for substantial renovation, rehabilitation and replacement of existing structures. This would benefit the City's neighborhoods. Support for Virginia First Cities Coalition - As a member of Virginia First Cities, a group of 15 of the State's older cities, Roanoke supports the broad legislative objectives of this coalition. First Cities believes the General Assembly should act to allow the State to meet its funding responsibilities for education of all students, for transportation, public safety and human services, 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. The State should actively promote conditions to encourage the economic health of cities through employment, neighborhood redevelopment and revitalization of commercial areas. Additionally, the City 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. 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. Outdoor Lighting Standards - The General Assembly should enact a new Virginia Code §15.2- 920.1 to authorize localities to adopt ordinances establishing outdoor lighting standards and regulations for the purpose of controlling exterior illumination levels, incidence of glare, light trespass or "urban sky-glow", or for the purpose of conserving energy. Such standards should be applicable only on lighting for facilities constructed after the date of the enactment of the local ordinance. This would benefit the City's neighborhoods. Streamline Local Budget Process - Section 15.2-2507 of the Code of Virginia requires a locality to hold a public hearing when a locality's budget is being amended by more than l%or $500,000, whichever is the lesser amount. The City requests an amendment to delete the $500,000 threshold while keeping the 1% or more increase public hearing requirement. Telecommunications Taxes - Some changes to the Commonwealth's telecommunications tax structure are necessary to address new and changing technologies. However, any proposed revisions must keep such taxes revenue neutral for the City. Delinquent Tax Sale Process - The City supports an amendment to §58.1-3975, Code of Virginia, to clarify that the sale of property pursuant to this section is free and clear of all liens, as is the case with the regular delinquent tax sale process. This Code Section provides for an expedited nonjudicial process for the sale of certain parcels that are delinquent in real estate tax payments. 2 "Pocket Rockets" - The City supports the adoption of legislation regulating; or enabling localities to regulate, the operation of mini-motorcycles ("pocket rockets"), "stand up scooters", motorized go carts, and motorized skate boards on public rights-of-way. "Photo Red Light" Program - The City of Roanoke should be added to the list of localities permitted by Section 46.2-833.01, Code of Virginia, to implement a "photo red light" program to use photo-monitoring systems to enforce traffic light signal laws. Such measures enhance public safety. Enforcement of Solicitation Statutes - The General Assembly should amend §18.2-346, Code of Virginia, to ensure the proper enforcement of the State's prostitution laws. An amendment to change the requirement that there be performance of a "substantial act" to an "intentional" act would greatly assist the enforcement of the law. Vacant Building Registration Fee - The General Assembly should amend Section 15.2-1127 of the Code of Virginia to increase the current permitted registration fee of $25 for vacant buildings to $250 to assist localities in addressing the additional costs of fire, police and inspection activities related to vacant properties. Recordation of Certified Copies - The General Assembly should amend §55-109 of the Code of Virginia to permit the clerk of the circuit court to record certified copies, as opposed to only the original copy, of escheated land grants from the Commonwealth. This would help clear up the chain of title to several parcels in the City that were escheated, but the original grant from the Commonwealth was never recorded. Rehabilitation Services - The City supports continued State funding for the Virginia CARES and Pre-Release and Post Incarceration Services (PAPIS) programs. Towing Company Billing - The General Assembly should amend §§46.2-1213 and 46.2-1203 of the Code of Virginia to permit towing companies to bill for their services directly to the owner of the vehicles they tow. Under the current law, the companies are paid when owners reclaim their vehicles. If the vehicles are not reclaimed, the companies must sell the vehicles at public auction to recoup their costs. Absentee Landlord Representation - Section 55-218.1 of the Code of Virginia requires property owners who own four or more units in the Commonwealth of Virginia, but who do not reside in the Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to serve summons and other notices on property owners who do not live in the same locality, delaying action to address blight. The General Assembly is requested to amend this Code section to require that the property owner's leasing agent or representative operate in the same locality as the property or in an adjacent locality. School Board Legislative Priorities The major legislative priorities listed in priority sequence of the Roanoke City School Board are for the State: 1. To continue the Standards of Quality funding initiatives adopted by the State as part of its FY 2004-06 biennium budget. To maintain a partnership between the State and locality for management plans and actions required in order to improve low performing and marginally performing schools - no State takeover of such schools. 3. To restore the financial condition of the State Literary Loan Fund in order for the State to make timely reimbursement of loan proceeds to localities for school construction needs. The City of Roanoke endorses the School Board Legislative Program in its entirety and incorporates it into the City's Legislative Program. Legislation the City Would Support TransDominion Express The City of Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, VA. Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. Blight Related Remedies The City of Roanoke supports several important remedies to the problem of urban blight: The State should streamline the legal process applicable to sale of properties on which delinquent taxes are owed so that these properties can be transferred to responsible ownership more expeditiously and less expensively; or in the absence of this, the State should allow localities to sell real estate tax lien certificates as done in some other states. · The City supports legislation to allow eligible projects in enterprise zones to consist of up to 80 percent residential use. · The State should delete the requirement in the enterprise zone real property investment tax credit that the owner or tenant receiving the credit actually conduct business on the property. Regional Competitiveness Act Fundino In the past, this State funding primarily supports workforce development efforts to strengthen the region's competitiveness. Additional funding by the State of this program is recommended. Aircraft Taxation and Incentives The City of Roanoke supports tax incentives that would provide encouragement for aircraft to be located at Virginia airports. Section 58.1-1500 of the State Code should be amended to reduce the State' s tax on the sale of aircraft in the Commonwealth. Any reduction in revenues should be replaced with State general fund dollars. Service of Civil Process Fees Roanoke supports legislation to allow the City to keep the revenue it receives from the fees paid when civil process papers are served by the Sheriff's office. Section 15.2-1609.3 requires that any amounts 4 collected "in excess of such fees received in fiscal year 1994" be remitted to the State Treasurer. Such fees are more appropriately retained by the locality. Jail Funding Formula The formula that allows the state to recover personnel costs when local jails house federal inmates should be modified to more appropriately reflect the costs to localities of housing these prisoners. Access to VCIN for Parking Ticket Enforcement The City supports legislation to slightly broaden local government access to the Virginia Criminal Information Network (VCIN). This is needed to obtain the name and address of ticketed drivers from out-of-state so they can be required to pay their parking tickets. In Roanoke, the Director of Finance, who is responsible for collecting on these tickets, does not fall under the current definition of local officials who are authorized by the Virginia Code to have such access. Section 46.2-100 should be amended to include Directors of Finance. Polic~ Positions State Support for Cultural Agencies and Activities Institutions such as the Center in the Square and its constituent agencies, the Virginia Museum of Transportation, and the Commonwealth Games all attract tourists to the region and help support the economy. City Council is appreciative of the legislature's partial funding of regional cultural institutions and regional events in previous years. The State is encouraged to develop a policy that ensures stable funding for these agencies. Additionally, a regional funding mechanism is needed to provide a source of funding for environmental, entertainment, and cultural assets. The City supports legislation that would allow for the development of funding from regional resources for cultural, historic, and recreation amenities such as a Blue Ridge Asset District. Redevelopment Initiatives The City of Roanoke opposes further restrictions on eminent domain powers of State and local governments, such as efforts to limit the definition of "public puxpose" or to require the reconveyance in certain circumstances of property that has been acquired by eminent domain. Transportation (Including Mass Transit) Fundin~ Adequate funding, especially that for mass transit, is critical to keep Virginia' s transportation system viable. In addressing transportation needs, the General Assembly should consider: adjusting fund sources such as the motor fuels tax, to keep pace with inflation; imposing moderate increases in state transportation-related taxes and fees; authorizing more options for long-term financing for major projects; authorizing the creation of regional transportation districts; seeking equity among various road users by ensuring that trucks pay their proportionate share of road costs and promoting mass transit solutions on a regional and statewide basis. Zoning Districts Roanoke opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. The City opposes any legislation that would limit local government regulation of historic zoning districts and its ability to accept proffered conditions in rezonings that relate to building features and materials. 5 Commissions to Study Local Government Needs The legislature is conducting studies concerning State and local tax structure. In recent years, numerous studies have been conducted that have provided useful information. The Commission on the Future of Virginia's Cities and The State and Local Tax Structure Commission have identified issues and developed recommendations that have not been implemented. Roanoke recognizes the need for review of these important issues but urges that useful results of the studies actually be implemented by the legislature so their benefits will finally be realized. Mental Health Funding The State should expand its scope of mental health services to include those with traumatic brain injuries. The State should provide additional funding to operate a comprehensive mental health facility in the western part of the State. Such facilities already operate in at least two other parts of the State, but not in the southwestern region of Virginia. The City supports line item funding in the State budget for "Brain Injury Services of Southwest Virginia". Additionally, special consideration should be given to meeting mental health needs that fall under the jurisdiction of the court system. Standards for Adult Homes The State should raise its standards for adult homes to more fully reflect the care needed for this population segment. Additionally, the State should improve funding for adult homes, particularly for indigent care. General Policy Considerations The Federal and State governments should recognize that local governments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and the most responsive. Roanoke remains concerned with the cumulative effect of Federal and State legislative and regulatory mandates that have stressed the serious financial problems of local governments. It is essential that the State fully fund all State mandates, including public employee salaries. Roanoke is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged to leave the taxing authority and revenue sources of local governments alone. Additionally, the State should pay a greater share of the costs of education and other essential services. City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Tourism and convention activities that enhance the economic well being of the State and its political subdivisions should be recognized as legitimate components of economic development. 6 ROANOKE CITY PUBLIC SCHOOLS LEGISLATIVE PROGRAM--FY2004-2006 BIENNIUM Introduction The budget adopted for the FY2004-06 Biennium by the State increased direct aid to public and higher education by almost $1.5 billion for the Biennium. The adopted budget recognizes the cost of implementing most of the Standards of Quality (SOQ) recommendations adopted by the State Board of Education in the summer of 2003. It also includes funding for many of the recommendations of the 2001 study performed by the Joint Legislative Review and Audit Commission, which identified many shortcomings in the State's funding of SOQ requirements. The State's budget initiatives for public education confirm a 2003 PDIGGallup Poll indicating that the general public believes: "the biggest problem facing public education is the lack of financial support/funding/money". The Roanoke City Public Schools will receive an increase of $11.2 million in State funds for the current Biennium as a result of the budget actions by the Governor and General Assembly. The additional funds have enabled the Roanoke City Public Schools to implement the following program enhancements for FY2004-05: · An average salary raise of 5.0% for teachers. · The addition of four guidance counselor and four school nurse positions. · The implementation of the seven period schedule for the high schools. · The addition of six technology technician positions. · An increase in the number of preschool classes for four-year old children from eleven to 22. · The addition of two assistant principal positions. · An increase of five instructional support positions to provide additional educational program assistance to the schools. · An increase of $700,000 in the debt service allocation for the replacement of the City's two high schools. The Roanoke Valley's legislative team is to be commended for its exceptional work during the last session of the General Assembly in securing additional State funding for public education. The additional funding is of great assistance to the City Schools in the implementation of our initiatives to meet rigorous State standards. Schools' Legislative Priorities The Roanoke City School Board and Superintendent have established high expectations and standards for schools and students. The objectives include: 1) Improving student achievement and focusing on student reading skills; 2) Increasing the student attendance rate; 3) Improving physical education scores on the State test; 4) Decreasing the student drop-out rate; 5) Increasing staff accountability for student performance; and 6) Improving the competitiveness of employee salaries. 7 To help achieve these educational objectives, the Roanoke City School Board has adopted three major legislative priorities for the second year of the biennium. The priorities require the State to accomplish the following actions: To continue the Standards of Quality funding initiatives adopted by the State as part of its FY2004-06 Biennium Budget. To maintain a partnership between the State and locality for management plans and actions required in order to improve low performing and marginally performing schools - no State takeover of such schools. To restore the financial condition of the State Literary Loan Fund in order for the State to make timely reimbursement of loan proceeds to localities for school construction needs. The Governor and General Assembly have said that public education is a priority in the Commonwealth. Their budget program during the second year of the biennium should concentrate on: 1) Maintaining and enhancing State funding for the Standards of Quality; 2) Expanding the State and local partnership for improving student performance at low performing schools; and 3) Developing a four-year plan to restore the fiscal integrity of the State Literary Fund. Priority 1 - Funding for the Standards of Quality The State should continue to improve funding for its share of the cost for meeting the Standards of Quality through the following actions: · Full funding of all SOQ positions with an emphasis on positions required for remediation programs as recommended by the State Board of Education. · No State mandate to offset the local share of the 2004 sales tax increase in order to pay the State's share of SOQ costs. · The maintenance of a "pooled" VRS rate for teachers rather than a rate separated from the State employee rate. · The elimination of the federal deduction from the State's share of SOQ costs (the deduction is now 29.22 percent of federal revenues). · Full State funding of car tax reimbursements to localities for FY2005-06 to include delinquencies. · The inclusion in the Standards of Quality standards and associated funding for school safety and discipline requirements including school resource officer positions, alternative education programs, and security equipment needs. 8 Priority 2 - Joint Assistance To Low Performing Schools The State should continue its partnership with localities to assist in improving low performing and marginally performing schools through its present program of direct grants and academic review teams. No legislation should be adopted that would mandate State takeover of low performing schools as one of the options advocated by the federal No Child Left Behind legislation. Furthermore, the State Depaxtment of Education should request the Federal Department of Education to accept the State's corrective action plan as enumerated in the State's Standards of Accreditation rather than continue to require the State to meet the standards of Adequate Yearly Progress (AYP). Priority 3 - State Literary Loan Fund Statewide, almost $7.0 billion in school capital requirements exists with only about $4.0 billion available to meet these needs. Over the next five years, the Roanoke City Public Schools will expend almost $100 million on its major capital projects, to include the $92 million cost of replacing the two high schools. The City and Schools' debt service on this requirement will total over $9.0 million by FY2009. To assist localities with their school construction requirements, the General Assembly should adopt legislation to restore the fiscal integrity of the State Literary Loan Fund. During the current biennium, almost $268 million was transferred from the State Literary Loan Fund to finance teacher retirement costs. The fund should be established as an education infrastructure trust fund to make timely loans and eventually direct grants to localities for school construction needs. The long-term objective for the trust fund should be to finance 55% of the locality's school construction requirements. Legislative Proposals School Funding - Specific funding issues not addressed by the revised Standards of Quality include: Average Teacher Salary - The State Basic Aid formula for average teacher salaries should use the national average for teacher salaries as the basis for teacher salary cost rather than using the prevailing average for the State. School Nurses - Roanoke City now employees 16.5 FFE school nurses with local funds. The State should fund student health related services on the basis of one nurse for every 1,000 pupils in membership. Truancy Programs - Visiting teachers must be included in the Standards of Quality since they are essential to Roanoke City's truancy prevention programs. Alternative Education - State funds provide support for only 10% of the program's cost. The remaining costs amounting to $1.4 million are funded by the school district. A minimum of 55% of the cost should be provided by the State. School Resource Officers - The Standards of Quality should include School Resource Officer (SRO) positions based on a ratio one SRO for every 500 secondary students. School Security Equipment - No funds are provided from the State for school security equipment (e.g., video monitors, metal detectors, and radios). The State should provide a minimum of $15 per pupil for the purchase of such equipment. Employee Recruitment - Most school districts in the State have experienced severe problems in the recruitment of teachers and school principals. The State should provide incentive funds to attract and retain teachers and principals. The incentives would include: Scholarships and loans for instructional aides and other support personnel who wish to obtain a teaching degree. Internships and scholarships for high school and college students who plan to enter the teaching profession. Pay differentials for teachers and principals working in schools with a high percentage of at risk students. Financial incentives for new teachers including relocation and signing bonuses, interest free loans for home purchase, and tax exemptions for teachers and principals working in schools located in economic enterprise zones. School Governance - Local control and flexibility in school operations is a priority for school boards if the State expects accountability standards to be meaningful and achievable by schools and students. Such flexibility involves management of school finances without mandates to relinquish control to the local governing body. Governance issues of legislative concern during the next legislative session include the following: The local school board should have control over the school calendar and the opening and closing dates for the school year. ~ The State should simplify the reporting requirements for school safety and discipline data to reduce the complexity of the reporting and to ensure the appropriate data is being reported by local school districts. One State agency should be designated for receiving and compiling school safety data to include data from safety audits and for providing technical assistance to school districts on reporting requirements. ~' The present system of State waivers for school accreditation standards should be continued. ~ Local school boards must maintain control over the establishment and operation of charter schools. } Drug testing of students and school personnel should be a local option and not mandated by the State. ~ Local school boards should retain the right to regulate the use of non- prescription drugs by students on school properly. ~ The State should not provide tax credits to parents of children enrolled in private schools or tax credits for donations to fund scholarships for the attendance of children at private schools. 10 The Virginia High School League should modify its regulations to allow students enrolled in public schools whose small size prevents the practical establishment of athletic teams in certain sports to participate on the athletic teams of a larger public school in the school district based on the approval of the division superintendent of schools. Governor's School Program - A total of 15 academic-year Governor's Schools now exist. It is imperative that the State continues to increase per pupil funding for the Governor's Schools at an annual rate of increase equivalent to the annual rate of increase in per pupil cost as computed for the State Standards of Quality. 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November 2004. No. 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. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Leg!slative Committee of City Council has by report, dated November 15, 2004, recommended to Council a Legislative Program to be presented at the 2005 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 15, 2004, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2005 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2005 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:00 noon, on December 6, 2004. ATTEST: City Clerk. DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders @ co. roanoke.va.us Re. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 November 17, 2004 BRENDA J. HOLTON, CMC DEPUTY CLERK E mail: bholton @ co, roanoke.va.us Roanoke City Council, Members Mary F. Parker, Clerk, Roanoke City Council Salem City Council, Members Forest Jones, Salem City Manager Vinton Town Council, Members Darleen Bailey, Clerk, Vinton Town Council Wayne Strickland, Executive Director, Roanoke Valley-AIleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties Attached is a certified copy of Resolution No. 111604-2 adopting a Legislative Program for the 2004 Session of the Virginia General Assembly. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, November 16, 2004. If you need further information, please do not hesitate to contact me. Attachment CC; Sincerely, Diane S. Childers Clerk to the Board of Supervisors Paul M. Mahoney, County Attorney The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 16, 2004 RESOLUTION 111604-2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2005 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2005 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2005 session of the Virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2005 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. Senate Bill 478 (Patron: Edwards) was carried over from the 2004 session to the 2005 session. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. 4) Support amending the State Code to allow Franklin and Montgomery counties to participate in a regional jail with Roanoke County and the City of Salem. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6) Support legislation to correct the 2004 amendments to the Personal Property Tax Relief act/SB 5005, which in its implementation will cost Roanoke County taxpayers approximately $10 million. 7) Support state funding to implement the Program Improvement Plan (PIP) for the Department of Social Services. 8) Oppose the proposal to impose a state surcharge on tipping fees for each ton of solid waste received by any municipal solid waste disposal facility, or a state surcharge on water usage. 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. 10) Oppose the proposal to impose a state fee or tax (the "Chesapeake Bay Flush Tax") on all sewer customers in the Commonwealth to support improvements to 2 sewage treatment facilities for the cleanup of the Chesapeake Bay. Roanoke Valley sewer customers are already paying their fair share for improvements to the regional sewage treatment facility, and the Roanoke River does not flow into the Chesapeake Bay. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution as amended to include item #10 and with Item #6 emphasized in bold. The motion carried by the following recorded vote: Supervisors McNamara, Church, Wray, Altizer, Flora AYES: NAYS: None CC: A~OPY TESTE: , Diane S. Childers Clerk to the Board of Supervisors File The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate 3 The Honorable William Fralin, Delegate The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Pete Geisen, Special Assistant for Legislative Relations Mary F. Parker, Clerk, Roanoke City Council Roanoke City Councit, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Darleen Bailey, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Roanoke Valley-Allegheny Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 11 1604-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, November 16, 2004. Brenda J.'(-Iolton, Deputy Clerk Roanoke County Board of Supervisors 4 spuosnoq~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2004. No. 36902-120604. A RESOLUTION memorializing the late Hugh Ennis, Jr., son of Doris N. Ennis, Acting Superintendent of Roanoke Public Schools. WHEREAS,'ihe members of Council learned with sorrow of the passing of Mr. Ennis on Saturday, November 20, 2004; WHEREAS, Mr. Ennis was bom October 14, 1961, the only child of Hugh and Doris Ermis, Sr., and was affectionately called "Little Hugh" by those who loved him dearly; WHEREAS, Mr. Ennis joined church at the age of six, was a member of Fifth Avenue Presbyterian Church, and attended Unity of the Roanoke Valley; WHEREAS, Mr. Eunis graduated from William Fleming High School and attended North Carolina A&T State University; WHEREAS, Mr. Eunis served his country in the U.S. Army for three years; WHEREAS, Mr. Eunis was a member of the Shieks Athletic Club and also served as President of the Alumni Chapter of his alma mater; WHEREAS, before becoming ill, Mr. Ennis was employed for 16 years at Carilion Roanoke Community Hospital. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Hugh Ennis, Jr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Ennis's parents, Hugh and Doris Ennis, of Roanoke, Virginia. ATTEST: KSMEASUKES~r-ennismemorial.do¢ City Clerk. 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2004. No. 36903-120604. A RESOLUTION naming Claudia Alexander Whitworth as Roanoke's Citizen of the Year for the year 2004. WHEREAS, Ms. Whitworth, a native of Fayetteville, West Virginia, began working in the summer of 1945 on The Roanoke Tribune, a weekly newspaper started by her father in 1939, and she gained additional experience working on newspapers in New York City, Cleveland and Columbus, Ohio, Fayetteville, West Virginia, Vinton and Roanoke, Virginia; WHEREAS, Ms. Whitworth purchased The Roanoke Tribune upon the retirement of her father in 1971, and has published it continuously ever since in spite of a fire bombing in 1979 and later demolition of the building in 1983, and the loss of her husband and business parmer, Clifton B. Whitworth, in the same year; WHEREAS, over the years, in addition to fulfilling the difficult demands of running a newspaper, Ms. Whitworth assumed the responsibility of caring for ailing family members, as well as opening her residence and making it "home" for extended periods of time to persons of different ages, races, nationalities and backgrounds, including a foster home for at-risk teenagers; WHEREAS, in 1991 with the assistance of her son, Ms. Whitworth remodeled and opened a community center which was open daily for the purpose of instilling a sense of worth and mutual respect in neighborhood youth, many of whom have played a vital role in the weekly mailing of Tribunes to its subscribers; WHEREAS, Ms. Whitworth was selected in 1973 to accompany Governor Linwood Holton to SAC Headquarters, at Offutt Air Force Base, Nebraska; was listed in Who's Who Among Black Americans in 1985; was the only person from Southwest Virginia to be inducted into the Virginia Women's Hall of Fame in 1992; was one of three National Council of Criminal Justice Brotherhood/Sisterhood Award recipients in 1993; was one of five honorees at "A Tribute to Women of Colour" by local U.S. Postal Workers in 1997; served on the President's Roundtable and Board of Visitors, Norfolk State University (1989-1995); and chaired the Employee Relations Committee, Welfare Reform Commission during the Governor Wilder's administration; WHEREAS, Ms. Whitworth has served as a member of the Boards of Directors of LOA Agency on Aging, Bradley Free Clinic, Salvation Army and its Battered Women's Shelter, Fine Arts Museum, and Mill Mountain Theatre, Conflict Resolution Center, Habitat for Humanity, chaired the Roanoke Neighborhood Development Corporation, and at present is involved with the Local Spiritual Assembly, Roanoke City Baha'i Community, and serves as president of Community Housing Corporation, and is also a Meals on Wheels volunteer; and WHEREAS, Ms. Whitworth's long service to the community demonstrates her primary objectives and activities that have been to promote self-esteem, to encourage respect for differences in others, and to be instrumental in providing a vehicle through which diverse people may unite on some common basis; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Claudia Alexander Whitworth be named Citizen of the Year for the year 2004 in the City of Roanoke, Virginia. ATTEST: City Clerk K:klVlEA SURESkr-citizenwhitworth2004.doc 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, 2:15 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 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 copyofthe 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 ].7-23, 2004, as Childhood Lead Poisoning Prevention Week. PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a proclamation to Fire Chief James M. Grigsby, declaring Sunday, October 3]., 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 ].6, 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)C1.0), 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 CounciI Member Brian J. Wishneff requesting that Council convene in a Closed Meeting to discuss the performance of the City Manager, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of Council 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 FrankW. 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 bythe 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 $27,979.00 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 by title 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, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ................................................... 7. NAYS: None .................................................. 0. 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 a communication 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 .................................................. 0. 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 adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris .................................................... 7. NAYS: None .................................................. 0. 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 percent 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 Carillon 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 ].00 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-].0].804) 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. 36880-10].804. 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: (#3688].-]01804) 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 ].64.) Mr. Dowe moved the adoption of Resolution No. 3688].-10].804. 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 Hershbergerand 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, 150]. 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, RootShoc/~, How Tearing Up City Neighborhoods Hurts Arner/ca 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 Wishneff on 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 orto 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 bythe Dr. Martin Luther King, Jr. Committee. She stated that during the briefing, aquestion 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 ofsignage, 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 of a type 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 bywhich 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 l, 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 MembersMcDanieI, 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 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 BrendaL. McDanieI, BrianJ. Wishneff(arrived late), M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor C. Nelson Harris ........................................ 7. ABSENT: ..................................................... 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., oras 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 T/mes on Friday, October ]., 2004 and Friday October 8, 2004. The City Planning Commission submitted awritten 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 I//$/on 20~)_1-2020;, 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: (#36882-10].804) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (].979), as amended, and Sheet No. 306, Sectional ].976 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 ].66.) 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-].0].804 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 a continuum 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 will 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-:]., 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-].01804. 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. 36883-10].804 was adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, Wishneff and Mayor Harris .................................................... 7. NAYS: None .................................................... 0. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, ].98:~, the City Clerk having advertised a public hearing for Monday, October ].8, 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"" Street and Yellow Mountain Road, S. E., adjacent to property identified as Official Tax No. 406060]., 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 $3.00 per square foot ($].4,976.00) 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: (#36884-10].804) 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.) 369 Mr. Fitzpatrick moved the adoption of Ordinance No. 36884-101804. The motion was seconded by Mr. Dowe. David C. Helscher, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36884-101804 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, ].981, 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 CHS, inc., that property located on McClanahan Street and Crystal Spring Avenue, S. W., identified as Official Tax Nos. ].040902 and 1040905, be rezoned from 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 Roano/~e T/rnes on Friday, October 1, 2004, and Friday October 8, 2004. The City Planning Commission submitted awritten report advising that the two parcels of land occupy an approximately 2.83-acre city-block bordered by Rosalind Avenue, McClanahan Street, Crystal Spring Avenue, and Evans Mill Road; and surrounding zoning is C-1, Office District. It was further advised that City staff believes the rezoning is an appropriate application of the INPUD, Institutional Planned Unit Development District; the rezoning will allow the petitioner to maximize the development potential of the site by providing greater flexibility in regard to lot coverage and building setbacks and create a compatible campus-development within the block; proposed uses of medical clinics/medical offices listed on the development plan ensure that the uses on the site will be compatible with the surrounding uses in the C-]., Office District; and the proposed height and mass of the new structure is in character with adjacent development across Rosalind Avenue and along McClanahan Street. The City Planning Commission recommended that Council approve the request for rezoning, given that the petition promotes a coordinated development pattern. 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. 36885-10].804. 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. Manetta 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 t~oano/~e T/rnes 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 Greenway. (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 ................................................... 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 P,ook 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 (WRAP, A), 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 1:].'h meeting was to broaden the scope and application of the "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 ].): · (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 staff on future zoning issues in the Williamson 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; WRABA will work with the City to identify these nodes and assist in developing them as models and anchors for Williamson Road 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 of the Williamson 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 a thorough 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, ].501 East Gate Avenue, N. E., spoke in support of bicycle lanes on Williamson Road. Bill Tanger, 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 Williamson 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. 36888-1.01804 was adopted by the following vote: 38O AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris .................................................... 7. NAYS: None ................................................... 0. 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 review of the 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 ]., 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-].01, of Chapter 32, Taxation, Code of the City of Roanoke (].979), 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 ].5 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 ].5 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 adisadvantage 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 1, 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 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-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 drainage system at Victory Stadium. He also inquired about construction of the bridge at Valley View Mall to 1-58]. 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 ].0th Street. POLICE DEPARTMENT-TRANSPORTATION SAFETY-BICYCLISTS: Mr. Rick Williams, 3725 Sunrise Avenue, N. W., spoke in support of the geographic policing program in the Williamson 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 35 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 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Extension of Lease of Commonwealth Building 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 affiliated offices. The current lease expired October 31,2004. The original agreement provides the GSA 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. GSA desires to continue its lease of the second floor and to begin leasing an office suite on the first floor as well. GSA wants 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. The month-to-month option on the current agreement is not sufficient time to complete those improvements. Therefore, an extension of the current lease agreement is proposed to run through December, 31,2004. With the 90 day maximum option provision, this would give GSA use of the space under the current agreement until March 31,2005, if necessary, pending completion of the ongoing improvements on the first floor, and finalization of a new lease agreement. Mayor Harris and Members of City Council December 6, 2004 Page 2 Recommended Action: Authorize the scheduling and advertising of this matter for public hearing on your December 20, 2004 agenda. Respectfully submitted, Darlene L. Burcham City Manager DLB:slm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dana Long, Manager of Billings and Collections CM04-00196 GENERAL SERVICES ADMINISTRATION NO. 10 SUPPLEMENTAL AGREEMENT DATr: PUBLIC BUILDINGS SERVICE TO LEASE NO SUPPLEMENTAL LEASE AGREEMENT GS- 03B- 50012 ~.DDRESSOFPREMISES Commonwealth Building 215 Church Ave.,SW, PegasysDocumentNumber(PDN) Roanoke, Virginia 42011 THIS AGREEMENT, made and entered into this date by and between The City of Roanoke Virginia whose address is P.O. Box 1451 Roanoke, Virginia 24007 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: agree to extend extend this lease for one year. WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective January 31,2002 , as follows: 1. Paragraph 2 of Standard Form 2 is hereby ammended by deleting the existing text in its entirety and by inserting in lieu thereof the following: "2. TO HAVE AND TO HOLD the said premises with their appurtanances for term beginning on February 1, 1986 through December 31,2004, subject to termination and renewal rights as may hereinafter set forth." All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR City of Roanoke Virginia BY (Signature) (T~#e) IN PRESENCE OF (S~natur~) (Address) UNITED STATES OF AMERICA GSA, Allegheny Realty ServicesDistrict BY __ Contracting Officer GSA FORM 276 (REV. 7-67) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 9, 2004 File #15-110-304 Marion A. Vaughn-Howard, Secretary Youth Services Citizen Board Roanoke, Virginia Dear Ms. Howard: This is to advise you that Earnestine Garrison has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 2006. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Earnestine Garrison, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, for a term ending May 31, 20C~, according to the best of my ability (So help me God). Subscribed and sworn to before me this~_~day of.~~O04. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ; DEPUTY CLERK L:\C LERK~DATA\CKEW 1 ~oath and leaving service\Youth Ser Citizen Board~Eamesdne Garrison oath letter, doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~tnoke, xru~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-i145 E-mail: clerk @ ci.roanoke.va.us December 9, 2004 File #28-169 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Jay Aneja 2726 White Pelican Lane Roanoke, Virginia 24018 Dear Mr. Aneja: I am enclosing two copies of Ordinance No. 36904-120604 granting a revocable license to Jay Aneja, on behalf of Smither's Jewelers, Inc., to permit the encroachment of an overhead awning at a height above the sidewalk of eight feet, with the overhead awning extending thirty-nine inches, into the public right-of-way of 105 Wall Street, S. E., from property bearing Official Tax No. 4010319, upon certain terms and conditions. The above referenced ordinance will be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, is on file in the Office of the City Clerk, and shall remain in effect only so long as avalid, current certificate evidencing insurance is on file in the Office of the City Clerk. Mary F. Parker, CMC City Clerk MFP:ew Enclosure Mr. Jay Aneja December 9, 2004 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2004. No. 36904-120604. 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 105 Wall Street, S.E., from property bearing Official Tax No. 4010319, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the applicant, Jay Anej a, on behalf of Smither's Jewelers, Inc., ("Licensee") tenant of the property bearing Official Tax No. 4010319, otherwise known as 105 Wall Street, S.E., within the City of Roanoke, 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 105 Wall Street, S.E., as more fully described in a letter of the City Manager to City Council dated December 6, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in § 15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Jay Aneja, 2726 White Pelican Lane, Roanoke, Virginia 24016. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, is on file in the Office of the City Clerk, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this day of , 2004. JAY ANEJA by: (SEAL) COMMONWEALTH OF VIRGINIA § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of ,2004, by Jay Aneja. My Commission expires: Notary Public CITY OF ROANOKE OFFICE OF THE CiTY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn December 6, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Encroachment into Public Right-of-Way Awning at 105 Wall Street, SE, Tax No. 4010319 Jay Aneja, on behalf of Smither's Jewelers, Inc., has requested permission to install a new awning on the building at 23 Salem Avenue, SE, which would encroach into the public right-of-way. City records indicate the correct address is 23 Salem Avenue, SE; however, there is an entrance to the building at 105 Wall Street, SE, which is where the awning will be located. Owners of the property, John Lawrence & Elizabeth Adams, do not object to the installation of the awning. See Attachment #1. The proposed awning would encroach approximately thirty-nine (39) inches into the right-of-way of Wall Street, SE, and have eight (8) feet of clearance above the sidewalk. See Attachment #2. The right-of-way of Wall Street at this location is approximately sixty (60) feet in width. Liability insurance and indemnification of City by the applicant has been provided as specified in the attached exhibit. See Attachment #3. Applicant has received approval of the Architectural Review Board to install the proposed awning. Recommended Action(s): Council adopt an ordinance, to be executed by the applicant and kept on file in the City Clerk's office for the City of Roanoke. The ordinance will grant a Mayor Harris and Members of City Council December 6, 2004 Page 2 revocable license to the applicant to allow the installation of an awning at ~ 05 Wall Street, SE, encroaching into the right-of-way of Wall Street, SE. City Manager DLB/SEF Attach ments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM04-00184 Attachment #1 John Lawrence & Elizabeth Adams Attachment #2 INSURANCE REQUIREMENTS FOR ENCROACHMENTS IN RIGHT-OF-WAY COMMERCIAL Applicant shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Applicant shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to City Engineer of the City of Roanoke. Applicant shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over public right-of-way. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 04277166 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of __~_r inia. Sworn and subscribed before me this day of November 2004. Witness my hand and official seal. PUB~ISHED O~: 11/26 TOTAL COST: 141.68 FILED ON: 11/30/04 ~E 0F ~J~ 0~ The awning will Into the right-of-way at · dor Munlclpa 215 Church S ignat ur e: _/~/~_ Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to allow the encroachment of an awning into the public right-of-way of 105 Wall Street, S.E., bearing Official Tax No. 4010319. The awning will extend thirty-nine (39) inches into the right-of-way at a height of eight (8) feet above the sidewalk. Pursuant to the requirements of§§15.2-1800(B), 15.2-1813 and 15.2-2010, Code of Virginia, (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on December 6, 2004, commencing at 2:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, December 2, 2004. GIVEN under my hand this 15thdayof November ,2004. Mary F. Parker, City Clerk. K:\NOTICES\NE SMITHERSJEWELERS 120604 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, November 26, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 ,~ Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn (,/Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 '~ David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board November 11, 2004 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at a special meeting on November 11, 2004, approved the enclosed Resolution to request Roanoke City Council issue General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,600,000. The funds will be used to rehabilitate, repair, and/or equip Fallon Park Elementary School. The OZAB 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. Schools qualify based on their percentage of free lunch students. The School Board thanks you for your continued support of our students and programs. Sincerely, Cindy H/Lee, Clerk Enclosure Pc: Mrs. Kathy G. Stockburger, Chair Mrs. Doris N. Ennis Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mrs. Darlene L, Burcham Mr. William M. Hackworth Mr, .]ames D, Grisso Discovering the Wealth in All Children .~ Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn fRoanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board November \\, 2004 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (a) approves certain expenditures to repair, rehabilitate or equip Fallon Park Elementary School, including without limitation installation of heating, air conditioning and lighting, at an estimated cost not to exceed $1,600,000 (the "Project"), (b) authorizes and approves the filing of an application to the virginia Department of Education seeking an allocation of authority to issue general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,600,000, (c) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation qualified zone academy bonds in an aggregate principal amount not to exceed $1,600,000, (the "QZA Bonds") for the purpose of financing a portion of the cost of the Project, and (d) approves the issuance of the QZA BOndS by the City. ~ IRKE# 0892329.DOC-1,077826-00052-0,1.} . L~fscovenng the Wealth in All Children 2) This resolution shall take effect immediately by the following recorded vote: Kathy G, Stockburger, Chairman Robert J. Sparrow, Vice-Chairman William H. Lindsey Gloria P. Manns Alvin L. Nash Courtney A. Penn David B. Trinkle Yea Nay The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the th day of November, 2004. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this ,~day of ~.~¢¢~-~ ,2004. ' ~ (SE~Li Cler , Sch~._o.~rd of City of Roanoke, V]rg~in~2 ,' {RKE# 0892329.DOC-1,077826-00052-01 } The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ........... + ........................ GEORGE J.A. CLEMO, ATTY. 10 S. JEFFERSON STREET WOODS, ROGERS & HAZL ROANOKE VA 24011 REFERENCE: 80074127 04329624 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virqinia. Sworn and subscribed before me this ~ day of November 2004. Witness my hand and official seal. ~ . ~gBL~SHED ON: 11/19 11/26 TOTAL COST: FILED ON: 263.12 11/30/04 CITY CLERK '04 DEC 03 nMOS:~'s-' Roanoke, Vlr~nla (432~4) Authorized NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council") will hold a public hearing, which may be continued or adjourned, as required under applicable law, at 2:00 P.M. on December 6, 2004, at the Municipal Building, 215 Church Avenue, S.W. Roanoke, Virginia, in connection with the intention of the Council to consider for passage a resolution or resolutions approving the issuance by the City of its general obligation bonds in an amount estimated not to exceed $1,600,000 for the purpose of financing certain rehabilitations, repairs and/or equipment in connection with Fallon Park Elementary School in the City of Roanoke (the foregoing bonds, the "Bonds"). Any citizen interested in the issuance of the Bonds may appear and be heard. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, December 2, 2004. Mary F. Parker, City Clerk Roanoke, Virginia RKE# 0720362.WPD C/M: 077826-00040-01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk December 9, 2004 Sheila N. Hartman Assistant City Clerk File #5-60-121 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a communication from the Honorable George M. McMillan, Sheriff, requesting that deputy sheriffs be included in the new police officers classification program, effective January 1, 2005; however, if sworn deputy sheriffs are not included in the initiative as of January l, 2005, he proposed that Council implement the same reclassification of deputy sheriffs and provide the same pay increase for current deputy sheriffs, effective July l, 2005. The request was referred to the City Manager and to fiscal year 2005-2006 budget study. MFP:ew Sincerely, Mary F. Parker, CMC City Clerk pc: The Honorable George M. McMillan, City Sheriff Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Major James M. Brubaker Chief Deputy (540) 853-2056 Captain Glerm E. Billingsley Jail Security Commander (540) 853-1750 Sheriff George M. McMillan P.O. Box 494 Roanoke, VA 24003 (540) 853-2941 Fax (540) 853-5353 E-raail: sheriff@ ci.roanoke.va.us Internet: http://www.roanokegov, com December 6, 2004 Captain Bobby D. Russell Cottrt Services Commander (540) 853-2580 Captain David F. Cox Services Commander (540) 853-1821 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable BrianJ. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Police Officer Retention As you are aware, the City Manager has sent you correspondence on this date explaining the problem of retaining sworn police personnel. In that letter, she points out one of the biggest problems, which is the need to increase salaries of police officers in order to attract and retain well- qualified staff, and she advises you of her intention to re-grade police officers from grade 11 to grade 12 after their basic training and probationary period is completed - approximately 18 months after employment. In addition, effective January 1, 2005, she will not only implement this reclassification but will provide all other sworn police offiers, who are currently employed, with a 4% pay increase in order to mitigate salary compression. Although this is necessary and I fully support the City Manager and applaud her for taking this initiative to correct one of the problems we in law enforcement here in the City of Roanoke are currently dealing with among other problems, I need to point out that it only solves half the problem. The other half of the problem, is the fact that it does not include the sworn law enforcement officers of the Roanoke Sheriff's Office, who have always been treated with the same respect as police officers and who face the same basic problems and dangers of being law enforcement officers here in the C!ty of Roanoke. WE SUPPORT THE BOYS & GIRLS CLUB OF ROANOKE VALLEY AS A NATIONALLY ACCREDITED SHERIFF'S OFFICE Honc~rable Mayor and Members of Council Page 2 The memorandum sent to you by Ms. Burcham could easily be changed to say "deputy sheriff retention" since it accurately describes the situation in the Roanoke Sheriff's Office as well. We have experienced approximately a 10% turnover rate compared to the police department's 12.8% and we face the same problems as does the police department. If Ms. Burcham proceeds with implementing this reclassification of police officers and increasing the pay of all 'the current sworn officers in the police department and excluding sworn deputy sheriff's, she has, in effect, said police officers are more important than deputy sheriffs. This alone will create an atmosphere of dislike between the two agencies in a time when cooperation between the two agencies is at an all time high. But, it will also create many, many other problems as well. My deputies may not be in the public's eye as much as police officers but their role in the safety of our community is no less vital. Also, you may note that my office does all the booking for the police department to ensure officers are back on the street as quickly as possible unlike in many localities where the police officers still must book offenders since that is their legal responsibility. In addition, we assumed the responsibility from the police department for serving approximately 45,000 criminal subpoenas a year freeing up officers for other duties; we assumed the responsibility for providing DARE services in the elementary schools which again freed up police officers for other duties; at the request of the Chief of Police, we just recently assisted the police department in guarding a dangerous criminal in the hospital who had been shot during an attempt to arrest him; and the list goes on and on. The level of cooperation between our two law enforcement agencies is a very important aspect to effective and efficient law enforcement services within our great city and the City Manager's actions in this case will serve only to create a hostile environment within the City's law enforcement community. I propose that the City Manager include deputy sheriffs in this reclassification beginning January ]., 2005. If she does not include sworn deputy sheriffs in this initiative, then I propose that City Council implement this same reclassification of deputy sheriffs and provide the same pay increase for current deputy sheriffs beginning in the next fiscal year starting July 1, 2005. The cost for the City Manager to include deputy sheriffs in this reclassification plan for the remainder of this fiscal year would,be approximately $149,822.00. However, this cost is greatly offset by the Honorable Mayor and Members of Council Page 3 fact that the Compensation Board began providing all deputy sheriffs of the Sheriff's Office with a 4.82% pay increase effective December 1, 2004 on our Compensation Board approved salaries. This means that no or almost no additional city monies are needed to include deputy sheriffs in the city's reclassification plan and provide a 4% pay increase. Furthermore, I am more than willing to work with the City Manager and her staff to identify funding to implement this program, which would include deputy sheriffs, for the remainder of this fiscal year. Respectfully submitted, George M. McMillan Roanoke City Sheriff C: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Mgr. for Community Development A. L. Gaskins, Chief of Police CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Police Officer Retention As you are aware, the City of Roanoke's ability to retain sworn police personnel has become a growing concern. This year, turnover of sworn police personnel has totaled 12.8 percent. As the largest and most comprehensive Police Department in the Roanoke Valley, it is important that Roanoke has salaries for sworn officers that can sufficiently attract and retain well-qualified staff. City Council has encouraged the staff to look for solutions to this problem and the last several months have been spent evaluating various options. 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 this area. While a reasonable amount of turnover can be expected, when police officers are leaving 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 indicating that the City is losing well-trained, seasoned officers to agencies that will not have to incur the cost and time related to training. Further, police department statistics indicate that longer-term officers have less accidents and complaints thus providing for increased overall citizen satisfaction. During the past several months staff has evaluated this data in great detail. Upon analyzing salary market data, a number of variables became apparent: First, Roanoke starting salaries, while competitive, are actually a little lower than a number of the jurisdictions in the area as well as some of the arger jurisdictions in the Virginia First Cities group. Second and most important is the fact that almost all jurisdictions have some type of automatic promotion/job Honorable Mayor and Members of City Council Page 2 reclassification once the officer gets out of the police academy or completes their probationary period resulting in an additional pay adjustment and movement to a higher pay range. 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 an excellent program, it is intended to compensate for skills that usually take longer than three years to attain; therefore, it does not address retention of police officers during the first part of their career. In July 2003, City Council approved the Community Policing Specialist Program. This program provides pay incentives designed to promote the concept of community policing throughout the department; however, by itself, it is not sufficient to retain officers. Staff will continue to look for ways to expand incentives for police officers in order to improve service levels through higher rewards. In order to address the retention issue, the 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,~ 78.18.) With the addition of this new job classification, Roanoke will be more in line with salary practices of competitors in the marketplace. All other sworn employees with the exception of the Police Chief will be given a pay increase of 4 percent in order to mitigate salary compression. These pay actions are planned for January implementation. Salary lapse funds in the police department are sufficient to cover the cost of this action for the balance of the current fiscal year. The cost of a full year's implementation ($475,000) will be the top item in next year's budget process. No Council action is required to implement these changes; however, I would like to publicly thank Council for their support and concurrence. Respectfully submitted, Darlene L. Burcham City Manager C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Mgr. for Community Development A. L. Gaskins, Chief of Police CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 9, 2004 File #289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36905-120604 directing amendment of the Fee Compendium to establish the application and square footage fee for outdoor dining permits for calendar year 2005 and all future years. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 2004, and is in full force and effect upon its passage. MFP:ew Attachment Sincerely, Mary F. Parker, CMC City Clerk Darlene L. Burcham December 9, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget David Diaz, President, Downtown Roanoke, Inc., 213 Market Street, Roanoke, Virginia 24011 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 200t~. No. 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. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to waive the outdoor dining permit application fee if the content of the prior year's application is unaltered and to establish the outdoor dining fee at $3.25 per square foot of space for calendar year 2005 and all future years, with a minimum three-month commitment from the applicant, as set forth in the letter dated December 6, 2004, from the City Manager to this Council. 2. title is hereby dispensed with. Pursuant to §12 of the City Charter, the second reading of this ordinance by ATTE;ST:~.N~ ~. Pgl..~ta....~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 6, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Outdoor Dining Fees Background: On April l, 2002 City 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 City Council. Total program revenues from 13 participating restaurants in 2004 are $6,066.50. (This includes the $75 application fee from each restaurant). In an effort to provide again an incentive for restaurants to apply for outdoor dining permits, the City Administration recommends that the reduced fee of $3.25 per square foot be continued for calendar year 2005, as well as for all future years. Further, it is also recommended that, if the application is unaltered from the immediately preceding year (using the same of amount of space at the same location with the same furniture and materials), then the $75 application fee be waived. Upon approval of the revised fee structure, the Fee Compendium will be updated. Staff will continue to review all applications and insurance requirements on an annual basis. Mayor Harris & Members of City Council December 6, 2004 Page 2 Recommendation: City Council amend the outdoor dining fees to continue the $3.25 per square foot fee for calendar year 2005 and all future years, with a minimum three-month commitment from the applicant; and waive the $75 application fee if the content of the prior year's application is unaltered from the immediately preceding year. Respectfully submitted, City Manager DLB/RKB/gpe C' Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk David Diaz, President, DRI CM04-O0194 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk December 9, 2004 File #60-70-467 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copyofOrdinance No. 36906-:[20604 appropriating $50,000.00 for the Virginia Western Community College Partnership, and amending and reordaining certain sections of the 2004-2005 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham December 9, 2004 Page 2 pc: Jesse A. Hall, Director of Finance George C. Snead,Jr., Assistant City Manager for Operations James Grigsby, Chief, Fire-EMS Sherman M. Stovall, Director, Office of Management and Budget Kenneth S. Cronin, Director of Human Resources IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December, 2004. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Genera'l Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Employee Tuition Revenues Donations - VWCC Tuition Program 001-520-3212-2105 50,000 001-110-1234-1768 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.romaokegov.com December 6, 2004 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Virginia Western Community College Partnership Background: In January 2005 Roanoke Fire-EMS and the Roanoke Valley 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 part of this partnership, VWCC will reimburse all tuition costs to the City after the class is complete. This partnership will allow personnel to earn college credits for the course at no cost to the City. Considerations: Roanoke Fire-EMS strongly encourages all employees to pursue opportunities for higher education. This partnership will afford personnel 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 Honorable Mayor and Members of Council December 6, 2004 Page 2 Recommended Action: Authorize the Director of Finance to establish a revenue estimate in the General Fund in the amount of $50,000 to recover tuition costs paid to VWCC enabling college credits. Appropriate funding in the same amount to account 001-520- 3212-2105. DLB:jsf c: Respectfully submitted, Ci~ Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations James Grigsby, Fire-EMS Chief Sherman M. Stovall, Director of Management and Budget #CM04-00195 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 9, 2004 File #53-60 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36907-:[20604 appropriating funds from Series 2004B General Obligation Bonds to various capital projects, and amending and reordaining certain sections of the 2004-2005 Civic Facilities, Parking, Capital Projects and School Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 6, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall December 9, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December, 2004. No. 36907-120604. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Civic Facilities, Parking, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Civic Center Expansion & Renovation Appropriated from 2004B Bond Funds 005-550-8620-9198 $ 2,300,000 005-550-8616-9169 5,595,000 Parking Fund Appropriations Downtown West Parking Garage Appropriated from 2004B Bond Funds 007-540~8254-9197 007-540-8252-9169 600,000 1,400,000 Capital Projects Fund Appropriations Police Building Phase II Fire-EMS Facilities Appropriated from 2004B Bond Funds Revenues Proceeds from Issuance of 2004B Bonds 008-530-9820-9825 008-530-9820-9830 008-530-9678-9169 008-110-1234-1042 6,670,000 600,000 3,835,000 11,105,000 School Capital Projects Fund Appropriations Schools Appropriated from 2004B Bond Funds Revenues Proceeds from Issuance of 2004B Bonds 031-060-9707-9182 031-065-6066-9138 031-110-1234-1142 19,500,000 5,500,000 25,OOO,O0O Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. JESSE A. HALL Director of Finance email: jes.qe_hall~ci.ro~oke.va.u~ December 6, 2004 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Rpom 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director ema~l: ann_~hawver~ci.manoke.va,us Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Honorable Honorable Honorable Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff Council Member Subject: Appropriation of 2004B Bond Funds Dear Mayor Harris and Members of City Council: The City's 200413 general obligation public improvement bonds of $46,000,000 have been issued, and the proceeds are available for appropriation. The following table details the projects to be funded by the Series 200413 bonds. The attached budget ordinance will appropriate these funds. Amount Remaining Previously to be Appropriation Project Issue Amount Appropriated Appropriated Account Canital Projects Fu!!~ Public Buildings Police Building Phase II Expansion Fire/EMS Facilities Total School Capital Proiects Funr~ Public Schools (Patrick Henry and William Fleming High Schools) Civic Center Fund Civic Center Phase II Expansion Parkino Fund Downtown West Parking Garages TOTAL ISSUE 6,670,000 6,670,000 N/A 4 435,000 600,000 3,835,000 008-530-9678-9169 11,105,000 7,270,000 3,835,000 25,000,000 19,500,000 5,500,000 031-065-6066-9138 7,895,000 2,300,000 5,595,000 2,000,000 600,000 1,400,0QQ 005-550-8616-9169 007-540-8252-9169 As noted in the table, several projects have been established and funded from the 2004B General Obligation 13onds in advance of issuance. The attached Honorable Mayor and Member of Council December 6, 2004 Page 2 budget ordinance will provide appropriate budgetary adjustments where bond funds have been appropriated in advance of issuance. The ordinance will also appropriate remaining funds to the applicable project accounts. I recommend adoption of the attached budget ordinance to appropriate the 200413 bond funds. Sincerely, Jesse A. Hall Director of Finance JAH:ca Attachment C: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management & Budget JESSE A. HALL Director of Finance cmail: jesse hall~cixoanoke.va.us December 6, 2004 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 46l P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L, McDaniel, Council Member Honorable Brian J. Wishneff Council Member Dear Mayor Harris and Members of City Council: Subject: October Financial Report The following narrative provides commentary on the significant events of the first four months of fiscal year 2005. Revenues Revenues through October FY05 increased 7.53% compared to FY04. The adopted budget anticipates 3.4% growth over the previous year budget, therefore much of the growth year-to-date is due to timing differences in the collection of revenues. Categories with significant variances from the prior year are discussed as follows. General Property Taxes increased 9.43% in fiscal year 2005 due to an increase of nearly 8% in collections of real estate tax through October. The first installment of the real estate tax was due October 5~h. The tax is expected to grow 7.4% as a whole in FY05 when compared to actual collections of FY04, Delinquent real estate and penalties and interest revenues have also grown due to continued collection efforts by Billings and Collections. Other Local Taxes have risen 2.45% in fiscal year 2005 due to increases in several taxes. E-911 taxes grew as the result of an increase in the rate from $1.45 to $2,00 which became effective November 1, 2003. Sales tax is up approximately 2% compared to the prior year, and the prepared food and beverage tax has increased 4% since FY04. Sales tax growth has moderated since the earlier part of calendar year 2004, yet continues to provide some growth in revenue. FY04 revenue growth was aided by the fact that sales tax revenues had been fairly flat following the events of September 11, 2001, the start of the war in Iraq and the sluggish economy. As the economy and consumer confidence improved, retail sales growth of greater than 8% was higher than normal for FY04. Cigarette taxes have declined in FY05, consistent with recent trends in this tax. Revenue from the use of Money and Property declined 22,3% due to timing differences in the quarterly billing for the rental of space by the health department. Interest earnings have also declined due to a decrease in cash balances of the General Fund. Grants-in-Aid Commonwealth increased 5.56%. Total revenues from the Commonwealth in FY05 are estimated at approximately 2% above the FY04 level. E911 Wireless funding and revenues for the Virginia Juvenile Community Crime Control Act (VJCCCA) Program have increased year-to-date through October, yet they are expected to remain close to the FY04 level for the year as a whole. HB599 revenues are up approximately 9% which is consistent with expected growth in this revenue. CSA (Comprehensive Services Act) revenues have risen since FY04, correlating with expenditure increases related to the program. Miscellaneous Revenue increased in the current year due to an increase in revenues from tax sales, donations and other nonrecurring revenues. Internal Services increased due to a change in accounting between FY04 and FY05 for School Comprehensive Services Act (CSA) and School Resource Officer billings. In pdor years, the school share of CSA costs were deducted from the transfer to schools. The School Resource Officers were previously direct expenses of the schools. The resource officers are now accounted for in the City's Police Department and are billed by the General Fund to the Schools. Honorable Mayor and Members of Council December 6, 2004 Page 2 Expenditures The FY05 expenditure budget includes funding of nearly $1.8 million to cover contracts and purchase orders made during FY04 but not paid by the end of that year. City Council approved re-appropriation of this funding when adopting the General Fund budget in May. General Fund expenditures declined 3.62%. There have been eight payrolls on a year to date basis in fiscal year 2005, while there were nine payrolls through the same pedod of fiscal year 2004. The decrease in the number of payrolls causes most departments' expenditures to decline in total in the current year. All departments are also affected by the fact that City employees received an average pay raise of 3.0% on July 1, 2004. Other than these items which affect most categories of expenditures, variances between FY04 and FY05 are addressed as follows. General Government expenditures declined 9.12% in FY05. Billings and Collections expenditures declined when the department's utility billing functions were transferred to the Water Authority July 1, 2004. There is a corresponding decline in revenues for these services which were previously paid by the Water and Water Pollution Control Funds. Health and Welfare expenditures increased nearly 8% despite the reduction in payroll costs on a year to date basis since CSA (Comprehensive Services Act) expenditures have dsen. The CSA program has been a continually rising cost of the City due to the number of children being served and some of the costly facilities at which services are provided. Parks, Recreation and Cultural expenditures declined 10.99% mainly as the result of the difference in payrolls mentioned above. Community Development expenditures decreased 14.43%. Contributions to Mill Mountain Zoo and Center in the Square declined in FY05. One-time contributions were made in FY04 for Mill Mountain Zoo's water line improvements ($175,000), and for Center in the Square's roof replacement ($77,000). The subsidy to the Virginia Cooperative Extension Service declined on a year-to-date basis due to a timing difference. The Transfer to the Debt Service Fund has increased primarily due to the lease payment on the human services building. This lease began in January 2004. The Transfer to School Fund increased as budgeted and is also impacted by the aforementioned change in accounting for School CSA costs. The Transfer to School Capital Projects Fund in FY04 resulted from an appropriation of fund balances relative to CMERP for school construction and renovation costs. There has been no similar transfer in FY05. Nondepartmental expenditures decreased due a net decline in transfers to other funds of the City. Transfers vary from year to year based on transactions between the General Fund and other funds of the City. in FY04, a one-time transfer of approximately $2.8 million was made from the General Fund to the Parking Fund for the retirement of the lease of the Century Station parking garage. Other declines between FY04 and FY05 include in the transfer to the Capital Projects and Fleet Funds. These transfers declined because there were smaller transfers of CMERP balances to these funds in FY05. /.~cerely, Jesse A. Hall Director of Finance JAH:ca Attachments Darlene L. Burnham, City Manager William M Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget City of Roanoke, Virginia Index of Monthly Financial Reports Title Page No. Page No. in Monthly in Quarterly Preparer Narrative Summary of City Manager Transfers and Available Contingency Not prepared 1 Paul General Fund 1 2 Paul School Fund Not prepared 3 Paul School Food Service Fund Not prepared Not prepared Capital Projects Fund Not prepared Not prepared Capital Projects Fund - Statement of Revenues Not prepared Not prepared Civic Facilities Fund 2 4 Yen Parking Fund 3 5 Yen Market Building Fund Not prepared 6 Yen HRCCC Fund Prepared for HRCCC only Debbie Internal Service Funds Not prepared for Ann only Paul Treasurer's Statement of Accountability 4 7 Rick Pension Plan Statement of Changes 5 8 Harold Pension Plan Balance Sheet 6 9 Harold Unnumbered Unnumbered Dawn General Fund Budget Analysis a a Paul School Fund Budget Analysis a a Paul CMERP Not prepared Not prepared Capital Projects Fund Capital Improvement Reserve Not prepared Not prepared Capital Projects Fund Interest Income Analysis b b Dawn a - File entitled "Balancing of General and School Funds" replaces this financial report. The file should be prepared monthly for balancing purposes, but it does not need to be given to anyone. b - the Interest Income Analysis should be prepared each month. It should be shared with Jesse Hall and Sherman Stovall by e-mail. L:~Vlonthly Financial Statements~FY05~Index of Monthly Financial Statements.xls CITY OF ROANOKE. VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue fi'om Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services internal Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - October 31 July 1 - October 31 Percentage Revenue Estimate 2003-2004 2004-2005 of Change Estimates Ret;aired $ 27,091,049' $ 29,645,068 9.43 % $ 87,491,000 33.85% 10,578,926 10,837,586 2.45 % 62,631,000 17.30% 421,043 429,375 1.98 % 1,112,000 38.61% 454,749 465,583 2.38 % 1,321,000 35.24% 231,843 180.150 -22.30 % 735,000 24.51% 10,400,781 10,978,562 5.56 % 47.780,691 22.98% 0.00 % 34,000 0.00% 2,642,260 2,705,357 2,39 % 8,115,000 33.34% 112,717 201,874 79.10 % 334,484 60.35% 187~500 602,677 221.43 % 2,730,000 22.08% $ 52~120.868 $ 56.046~232 7.53 % $ 212.284~t75 26.40% STATEMENT OF EXPENDITURES AND ENCUMBRANCES July l - October 31 Expenditures 2003-2004 General Government $ 3,957,252 Judicial Administrabon 2,023,366 Public Safety 18,882,119 Public Works 9,089,949 Health and Welfare 9,811,506 Parks, Recreation and Cuitural 3,310,974 Community Development 2,516,076 Transfer to Debt Service Fund 10,267,097 Transfer to School Fund 16,296,482 Transfer to School Capital Projects Fund 1,025,630 Nondepartmental 6,287~954 Total $ 831468~405 Year to Date for the Period Current Fiscal Year July I - October 31 Percentage Unencumbered Revised Budget 2004-2005 of Change Balance Appropriations Obligated 3,596,511 -9.12 % $ 8,067,819 $ 11,664,330 30.83% 1,919,233 -5.15 % 4,999,726 6,918,959 27.74% 18,205,088 -3.59 % 34,194,517 52,399,605 34.74% 9,291,947 2.22 % 13,404,837 22,696,784 40.94% 10,553,122 7.56 % 19,595,637 30,148,759 35.00% 2,946,967 -10.99 % 5,736,866 8,683,833 33.94% 2.153,008 -14.43 % 3,639,571 6,792,579 37.17% 11,178,273 8.87 % 3,705,018 14,883,291 75.11% 17,732,102 8.81% 34,593,284 52,325,386 33.89% -100.00 % 0.00% 2,867~342 -54.40 % 7~726~945 10.594~287 27.06% 80~443,593 -3.62 % $ 135.664.220 $ 216.107r813 37.22% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31, 2004 FY 2005 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other 157,375 39,906 32,712 154,887 1,526 44,927 73,096 43,113 35,043 194,821 3,931 Total Operating Revenues 781,337 Operating Expenses Personal Services Operating Expenses Depreciation 597,149 509,457 159,548 Total Operating Expenses 1,266,154 (484,817) Operating Loss Nonoperating Revenues (Expenses) Interest on investments Transfer from Capital Projects Fund Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer to Debt Service Fund Miscellaneous 6,625 42,324 (48,409) 5,430 Total Nonoperating Revenues 5,970 (478,847) Net Loss Note: Some FY04 balances are negative due to the reversal of prior year accruals where coileclions of revenues related to the accrued amounts had not yet occurred. In FY05, event close-out is occurring in a more timely manner, resulting in positive account balances. FY 2004 $ 104,235 5,850 2,500 (1,662) 4,155 1,663 (4,624) 55,627 (1,430) 166,314 591,327 393,979 175,876 1,161,182 (994,868) 7,051 260,000 11,450 (43,784) 12,717 247,434 (747,434) CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31, 2004 Operating Revenues Century Station Garage Williamson Road Garage Gainsboro Surface Norfolk Ave Surface Market Square Garage Church Ave Garage Tower Garage Williamson Road Surface Lot Gainsboro Garage Other Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Transfer from General Fund Transfer from Depadment of Technology Fund Interest and Fiscal Charges Net Nonoperating Revenues (Expenses) Net Income FY 2005 $ 120,797 175,270 16,814 22,818 76,342 186,008 138,254 29,004 33,018 53,130 851,455 375,366 211,946 587,312 264,143 7,989 (107,485) (99,496) $ 164,647 FY 2004 $ 134,486 163,671 12,765 18,469 70,507 176,989 137,033 25,284 26,231 42,155 807,590 325,060 181,216 506,276 301,314 6,743 2,845,800 78,O00 (132,252) 2,798,291 3,099,605 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31, 2004 TO THE D~RECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED OCTOBER 31,2004. BALANCE AT BALANCE AT BALANCE AT FUND SEPT 30, 2004 RECEIPTS DISBURSEMENTS OCT 31, 2004 OCT 31~ 2003 GENERAL $4,025,078.00 $21,023,452.97 $23,320,696.48 $1,727,834.49 $1,257,874.30 WATER 420.00 0.00 0.00 420.00 3,721,626.15 WATER POLLUTION CONTROL 1,738.22 0.00 0.00 1,738.22 10,072,541.60 CIVIC FACILITIES 1,059,429.12 187,367.23 557,263.35 689,533.00 975,171.89 PARKING 730,630.44 177,429.27 96,367.94 811,691.77 (2,531,567.84) CAPITAL PROJECTS 49,904,029.01 1,395,201.92 1,030,812.47 80,268,418.46 51,419,019.76 MARKET BUILDING OPERATIONS 23,258.45 18,672.19 49,608.73 (7,678.09) 277,749.51 CONFERENCE CENTER 3,951,373.52 1,801.91 3,896.76 3,949,278.67 4,022,420.00 DEBT SERVICE 9,033,764.80 6,075,629.33 28,823.98 15,080,570.15 14,452,526.22 DEPT OF TECHNOLOGY 3,820,636.94 194,763.12 442,146.04 3,573,254.02 3,728,563.88 FLEET MANAGEMENT (606,579.77) 874,665.23 369,762.39 (101,676.93) 883,264.71 PAYROLL (12,219,660.34) 15,987,450.95 16,597,310.93 (12,829,520.32) (12,503,219.76) RISK MANAGEMENT 11,752,642.40 988,200.96 621,020.96 12,119,822.40 11,664,738.30 PENSION 610,819.79 1,710,435.31 1,691,623.45 629,631.68 1,000,303.39 SCHOOL FUND 7,218,950.42 6,792,390.11 7,013,261.95 6,998,078.58 12,834,073.70 SCHOOL cAPrTAL PROJECTS 994,004.11 1,413.04 170,734.23 824,682.92 7,048,380.52 SCHOOL FOOD SERVICE 208,289.54 231,035.43 718,283.02 (278,958.05) 408,981.11 FDETC 129. O0 0.00 0.00 129.00 97,387.10 GRANT 629,428.08 221,957.76 479,431.82 371,954.02 1,952,009.12 TOTAL $81,138,381.73 $55,881,866.73 $53,191,044.50 $83,829,203.96 $110,781,843.66 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED OCTOBER 31, 2004. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HiGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $9,929.12 168,628.81 4,550,000.00 2,982,978.33 11,632,909.76 10,541,119.37 12,000,000.00 16,981,746.39 24,961,892.18 $83,829,203.96 NOVEMBER 17, 2004 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FOUR MONTHS ENDED OCTOBER 31, 2004 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2005 $ 1,841,732 3,251,940 508,772 3,760,712 6,392 3,754,320 $ 5,596,062 FY 2004 $ 1,509,494 14,955,570 512,357 15,467,927 35,791 15,432,136 $ 16,941,630 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance October 31 $ 6,679,578 21,137 6,700,715 (i,104,663) 306,g25,352 $306,820,689 5,915,130 2,545 5,917,675 11,023,955 283,983,057 $295,007,012 Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. 5 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 2004 Assets FY 2005 FY 2004 Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets $ 625,857 306,866,606 1,431 6,531 . $ 307,500,425 $ 971,035 295,518,125 1,431 6,150 $ 296,496,741 Liabilities and Fund Balanc~ Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: $ 1,679,637 99 1,679,736 $ 1,488,532 1,197 1,489,729 Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance 306,925,352 (1,104,663) 305,820,689 $ 307,500,425 283,983,057 11,023,955 295,007,012 $ 296,496,741 6 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk December 9, 2004 File #80-132-258 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2004, you were requested to prepare the proper measure congratulating the VirginiaTech football team, winner of the ACC title on Saturday, December 4, 2004, and wishing them success as they compete against No. 3 rated Auburn in the Sugar Bowl on January 3, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew CITY... OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk December 9, 2004 File #80-132-467 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2004, Vice-Mayor Fitzpatrick advised that approximately 32 percent of college students who are natives of the Commonwealth of Virginia attend college within a 50 mile radius of the City of Roanoke. He requested that the City Manager submit a recommendation(s) on a concept(s) to acknowledge those colleges and universities. MFP:ew Sincerely, Mary F. Parker, CMC City Clerk