The URL can be used to link to this page

Home My WebLink AboutCouncil Actions 03-07-05 Dowe 36986-030705 ROANOKE CITY COUNCIL REGULAR SESSION March 7, 2005 9:00 A.M. ROOM 1 59 AGENDA Call to Order--Roll Call. (Council Members Dowe and 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, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Approved (5-0) (Council Members Dowe and Wishneff were File #110-132 not present when the vote was recorded.) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. Approved (5-0) (Council Members Dowe and Wishneff were File #2-132 not present when the vote was recorded.) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Approved (S-O) (Council Members Dowe and Wishneff were File #132-166 not present when the vote was recorded.) Briefings: Fiscal Year 2005-2006 Budget Discussion - Market Building Crystal Spring Avenue Temporary Closure Roanoke River Riparian Corridor Proposal Storm Water Utility Zoning Ordinance Update 30 minutes - 20 minutes - 45 minutes 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. (30 minutes) THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 12:00 P.M., IN ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A MEETING OF COUNCIL, THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE ROANOKE REGIONAL AIRPORT COMMISSION. ROANOKE CITY COUNCIL ROANOKE COUNTY BOARD OF SUPERVISORS ROANOKE REGIONAL AIRPORT COMMISSION MARCH 7, 2005 12:00 P.M. ROOM 159 AGENDA CALL TO ORDER - ROLL CALL: City of Roanoke (The Council meeting convened at 9:00 a.m.) County of Roanoke Roanoke Regional Airport Commission WELCOME: Mayor Harris. Chairman Altizer INVOCATION: Council Member Alfred T. Dowe, Jr. ...... LUNCH ...... COUNTY/CITY AUTOMATIC AID AGREEMENT. Adopted Resolution No. 36986-030705. (7-0) File #70 REMARKS AND INTRODUCTIONS. JAMES M. TURNER, JR., CHAIR, ROANOKE REGIONAL AIRPORT COMMISSION. PRESENTATION BY JACO. UELINE L. SHUCK, EXECUTIVE DIRECTOR, ROANOKE REGIONAL AIRPORT. Background and Facilities: Airfield and Terminal Employees Other Airport Businesses Economic Impact Funding: Operating Budget and Revenue Sources Capital Projects and Revenue Sources Airport Aviation Sectors: General Aviation Cargo and Large Aircraft Maintenance Passenger Carriers and Air Service Other Issues: Terminal Facility Upgrades and Improvements FAA Facilities Noise Program Master Plan Update m COMMENTS BY CITY COUNCIL, BOARD OF SUPERVISORS AND AIRPORT COMMISSION. 8. OTHER BUSINESS. THE ROANOKE CITY COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. THE ROANOKE COUNTY BOARD OF SUPERVISORS MEETING WAS ADJOURNED. THE ROANOKE REGIONAL AIRPORT COMMISSION MEETING WAS ADJOURNED. 4 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 7, 2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. -- All Present. 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. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Wednesday, March 9, 2005, at 7:00 p.m., and Sunday, March 13, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. 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 ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2S41, OR ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Edward R. Dudley, a civil rights advocate and retired judge. Adopted Resolution No. 36987-030705. (7-0) File #80-367 6 Shining Star Awards. A Shining Star Award was presented to Ms. Delphia Lewis and Mr. Greg A. Taylor. File #80 CONSENT AGENDA Approved (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Tuesday, January 18, 2005. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: None. b. CITY ATTORNEY: 1. Execution of Amendment No. 1 to the Agreement with the YMCA of Roanoke Valley, Inc. Adopted Ordinance No. 36988-030705. (7-0) File #100 Approval of amendments to the Bylaws of Blue Ridge Behavioral Health Care. Adopted Resolution No. 36989-030705. (7-0) File #314 Amendment of the City Code to authorize the City Manager to approve permits for signs and other appendages from buildings that encroach into the public right-of-way and other public property. Adopted Ordinance No. 36990-030705. (7-0) File #24-107-169 c. DIRECTOR OF FINANCE: Financial report for the month of January 2005. Received and filed. ~File #10 7. REPORTS OF COMMI'I-rEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution appointing Stuart H. Revercomb as a Director of the Industrial Development Authority of the City of Roanoke to fill the remaining portion of a four year term ending October 19, 2005. Adopted Resolution No. 36991-030705. (7-0) File #15-110-207 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Wishneff requested that the City Manager respond to the temporary closure of Crystal Spring Avenue. The City Manager called attention to a request of Carillon Health Systems to close that portion of Crystal Spring Avenue between McClanahan Street and Evans Mill Road in order to facilitate the storage of materials and equipment to be used in connection with construction of an addition to Roanoke Memorial Hospital; and Carillon has requested that the temporary closure remain in effect until approximately October 2007. She noted that City staff will meet with Neighbors in South Roanoke on Wednesday, March 9, 2005, at 7:00 p.m., in the Crystal Spring Elementary School Gymnasim to discuss details of the temporary closure. File #514 Council Member McDaniel commended City staff on their efforts to remove snow from the City's streets following the recent snow event on Monday, February 28, 2005. File #184-410 Vice-Mayor Fitzpatrick requested that a communication from Posey Oyler, President, Roanoke-Salem Baseball Hall of Fame, that the City of Roanoke consider funding for the Hall of Fame building, be referred to the City Manager and to fiscal year 2005-2006 budget study. File #60 Council Member Cutler called attention to another venture of regional cooperation between Roanoke City and Roanoke County which commenced on February 28, 2005, when the City and the County began a program to assist one another with the collection of automated trash containers on a six month trial period in select portions of the communities. File #144-378 9 The Mayor advised that it is the consensus of Council that the Shining Star Award program will be replaced by the Public Safety Medallion inasmuch as a majority of Shining Star Awards have been presented to persons who performed a public service in the category of public safety. File #5-80-132 Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Tony Hairston, 1263 Tayloe Avenue, S. E., spoke with regard to issues in connection with abortion, homosexuality, crowded conditions on Valley Metro buses, and the need to extend operating hours of the transit service until 11:00 p.m. File #23-55 Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of the renovation and promotion of Victory Stadium as a memorial to Roanoke's veterans. File #122 Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke with regard to the closing of fire stations in the predominantly northwest section of the City of Roanoke. File #20 lO Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to the regional jail issue, and inquired as to how the City of Roanoke can involve itself, unannounced, in connection with a site for a regional jail when the City has shown no indication that it can move a methadone clinic from a northwest section of the City where homes, businesses and schools have been established for many years. She suggested that the methadone clinic be located at or near the Roanoke City Jail. File #76-123-132-467 1 2. CITY MANAGER COMMENTS: The City Manager responded to the remarks of the previous speaker with regard to the location of the methadone clinic. She advised that under the City's current Zoning Ordinance, only certain districts can accommodate a methadone clinic with a special use permit approved by the Board of Zoning Appeals; under current State Code provisions, a methadone clinic cannot be located within one-half mile of a public school or day care center; and moving the methadone clinic to the City Jail in downtown Roanoke would not meet City Code or State Code requirements. She advised that the City of Roanoke would have preferred that the methadone clinic not locate at its present site on Hershberger and Cove Roads; however, the City is not in a position to relocate the facility to any site other than a location that meets City Code and State Code requirements, and the City of Roanoke continues to look at other potential locations for the methadone clinic. File #24-51-76-123-132-467 CERTIFICATION OF CLOSED SESSION. (7-0) Gail Burress and Clarence Hall were reappointed as members of the Human Services Advisory Board for terms ending November 30, 2008. File #15-110-318 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 March 7, 2005 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, CNH:snh C. Nelson Harris Mayor 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 March 7, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to '2.2-3711.A.3, of the Code of Virginia (1950), as amended. Sincerely, City Manager DLB/Isc C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, 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 March 7, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to '2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burcham City Manager DLB/f C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, 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 March 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: SubJect: Budget Discussion This is to request space on Council's agenda for a 30 minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm C: City Clerk City Attorney Director of Finance 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 March 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: SubJect: Roanoke River Riparian Corridor Proposal This is to request space on Council's agenda for a 20 minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm C: City Clerk City Attorney Director of Finance 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 March 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Storm Water Utility This is to request space on Council's agenda for a 45 minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm c: City Clerk City Attorney Director of Finance 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 March 10, 2005 File #70 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36986-030705 authorizing the City Manager to execute an agreement with Roanoke County for Fire and Rescue Automatic Aid in Station 11 and Station 13 service areas of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham, City Manager March 10, 2005 Page 2 pc: Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief, Fire-EMS Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of March, 2005. Bo. 36986-030705. A RESOLUTION authorizing execution of an agreement with Roanoke County for Fire and Rescue Automatic Aid in Station 11 and Station 13 service areas of the City of Roanoke. WHEREAS, §§ 27-2, 27-4, and 27-23.9, of the Code of Virginia (1950), as amended, authorize local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues; WHEREAS, the City of Roanoke and the County of Roanoke have demonstrated a pattern of successful cooperation through the joint operation of the Fire and Rescue Training Center and in the co-staffing arrangement of the County's Clearbrook station; WHEREAS, the City and the County have determined that their regional cooperation efforts can be expanded to provide automatic aid for fire and rescue services in each jurisdiction, specifically in the Hollins and Mount Pleasant areas of the County and the North Williamson Road and Garden City areas of the City, by automatically dispatching the closest fire or rescue equipment to an E-911 call, regardless of the location; and WHEREAS, this cooperative concept of automatic aid to both County and City will improve public safety and service to their citizens by improving response times on both fire and rescue calls in the targeted areas and eliminating the occurrence of emergency equipment actually passing other fire stations on ronte to an emergency response. K:~leasuresXlVlutual Aid Agreement with Roanoke County 2005.doc 1 BE IT RESOLVED by the City Council of the City of Roanoke, Virginia, as follows: 1. Council hereby approves the Fire and Rescue Automatic Aid Agreement to provide these services in the North Williamson Road and Garden City areas of Roanoke City and the Hollins and Mount Pleasant areas of Roanoke County, substantially in the form attached to the City Manager's letter dated March 7, 2005, and authorizes the City Manager, or her designee, to execute this Agreement on behalf of the City of Roanoke, in such form as approved by the City Attorney. 2. That the City and the County agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards for the effective implementation of this Agreement. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. 3. That the services performed and expenditures made under this Agreement shall be deemed to be for legitimate public and governmental purposes and all immunities from liability enjoyed by the City and its fire/emergency medical services and resource personnel within its boundaries shall extend to its personnel wherever located during their participation under this Agreement. ATTEST: City Clerk. K:XdMeasures'dVlutual Aid Agreement with Roanoke County 2005.doc 2 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 March 7, 2005 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: Mutual Automatic Aid for Fire and EMS Protection Services with the County of Roanoke Background: The City of Roanoke and County of Roanoke currently have fire "mutual aid" agreements with each other, as well as a co-staffing agreement for the County's Clearbrook station. Additionally, both jurisdictions are part of a statewide mutual aid agreement. Except for the Clearbrook area, these agreements have specific provisions which require the jurisdiction needing assistance to make a formal request to the providing agency. The proposed agreement takes mutual aid one step further to "automatic aid." Automatic aid is defined as the appropriate predetermined response to an incident, initiated through the 9-l-1 system of the jurisdiction in which the incident is occurring, without being specifically requested. Response zones are pre-determined and resources committed based on terms of the agreement, usually response time or distance. As required by law, each party will be required to indemnify the other party from all claims by third persons for property damage, personal injury, or death which may arise out of the activities of the assisting party. Considerations: The Roanoke Fire-EMS Department will respond into Roanoke County from The Honorable Mayor and Members of Council March 7, 2005 Page 2 the Appleton Avenue Station #13 into the North Lakes/Montclair area for first responder medical and fire calls. The City of Roanoke will also respond into the Mt. Pleasant area of the county from the Garden City area Station #11 for fire calls. Roanoke County will reciprocate by providing full-time firefighter/emergency medical technicians to staff an engine 24/7 in the Hollins station. This engine will provide back-up to city-related fire responses in the north Williamson Road area. In addition, the County will staff a 24/7 ambulance in the Mt. Pleasant station which will respond to medical calls into the Garden City area of the city. Recommended Action: Authorize the City Manager to execute the Memorandum of Agreement for Mutual Automatic Aid for Fire and EMS Protection Services with Roanoke County, in substantially the same form as attached hereto; such agreement to be approved as to form by the City Attorney. Respectfully submitted, DLB:jsf C: 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 #CM05-00027 City Station 13 and County Station 5 City / County Response Ama County Response Area in City Peters Creek Road County Response Area in City Upper End Williamson Road Legend City Response Area in Co~mty City Station 11 and County Station 6 City / County Response Area :lin County Bedford County Legend FIRE AND EMERGENCY MEDICAL AGREEMENT TO PROVIDE AUTOMATIC AID BETWEEN CITY OF ROANOKE AND ROANOKE COUNTY THIS AGREEMENT made this day of ,2005, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (the "City"), and the COUNTY OF ROANOKE, a chartered county of the Commonwealth of Virginia (the "County"), WITNESSETH: WHEREAS, §§27-2, 27-4, and 27-23.9, Code of Virginia (1950), as amended, authorize local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues; WHEREAS, the City and County have determined that an automatic aid agreement to provide fire and emergency medical response and related rescue services across City and County jurisdictional lines will improve such services in the areas surrounding the Hollins Station and Mount Pleasant Station in the County and Station 11 and Station 13 in the City; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an Agreement concerning the automatic aid reciprocal coverage between such stations with regards to fire and emergency medical response and related rescue services. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties covenant and agree as follows: 1. The County will provide 24-hour/7 days a week fire coverage from the Hollins Station to the City in the upper end of Williamson Road and Peters Creek Road areas as shown on Attachment "A." o o o The City will provide 24-hour/7 days a week first responder and initial fire response from Station 13 to the County in the North Lakes and Monelair areas as shown on Attachment "A." The County will provide 24-hour/7 days a week ALS ambulance response from the Mount Pleasant Station to the City in the Garden City area as shown on Attachment The City will provide 24-hour/7 days a week fire coverage from Station 11 to the County in the Mount Pleasant Station coverage area as shown on Attachment "B." The parties agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards. All operational protocols or any alterations to the service areas described herein are to be mutually agreed upon in writing by the Fire Chiefs of the City and County. All fire and emergency medical services and resource personnel, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, privileges and immunities as provided by law in each jurisdiction while providing fire and emergency services. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and the City and their fire/emergency medical services and resource personnel within its boundaries shall extend to its participation in the Agreement. All pension, disability, Workers' Compensation, life and health insurance and other benefits to which fire/emergency medical services and rescue personnel are entitled 10. 11. 12. shall be extended to the services performed by such personnel under this Agreement. Each party agrees that provisions of these benefits shall remain the responsibility of the respective employer of the individuals assigned to provide the reciprocal response. Each party agrees that, in all activities undertaken pursuant to this Agreement, each party hereby waives any and all claims against the other party. The parties shall not be liable to each other for reimbursement for injuries to or death of personnel or damage to equipment incurred when providing services pursuant to this Agreement, including when going to or returning from another jurisdiction. Neither party shall be liable to the other for any other costs associated with or arising from the provision of services or the rendering of assistance under this Agreement, except as specifically provided under this Agreement. Each party shall indemnify and save harmless the other party from all claims by third parties for personal injury and death or property damage which may arise from activities under this Agreement, to the extent permitted by law, as provided in §27- 2, Code of Virginia, as amended. Administrative details and future unforeseen issues that may arise from activities associated with the Agreement shall be resolved by a mutually agreed upon solution of the respective Fire Chiefs. Any disagreement between the Fire Chiefs shall be resolved by the City Manager and County Administrator. This agreement shall be effective May 1, 2005, until April 30, 2006. Thereafter, it shall automatically renew for additional terms of one (1) year, unless either party gives at least ninety (90) days prior written notice of termination to the other party. WITNESS the following signature and seals: ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager ATTEST: COUNTY OF ROANOKE, VIRGINIA Diane S. Childers, Clerk By Elmer C. Hodge, County Administrator APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Attorney APPROVED AS TO EXECUTION: City Attorney 4 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: 1540) 853-1145 March 14, 2005 The Honorable Michael W. AItizer, Chair Roanoke County Board of Supervisors Post Office Box 29800 Roanoke, Virginia 24018-0798 Dear Mike, At the Council meeting this past Monday, the Council voted to refer the matter of storm water management to the Western Virginia Water Authority for further consideration. As you know, the city administration has been working on a long-term storm water management strategy for some time as indicated by the power-point material I handed to you. My intent in asking the Council to involve the water authority was in no way intended to suggest that County citizens pay for City projects. This would be most unreasonable. Rather, I believe that storm water management is by its nature a regional concern demanding a regional approach. Consequently, the most effective way to proceed may be to work with our neighboring jurisdictions on the coordination of storm water infrastructure; maintain regional oversight in the sequencing and planning of such projects; and to determine the potential for cost savings for those projects that would intersect jurisdictional lines through a shared approach. Obviously, the residents and businesses of each locality should be expected to absorb the costs for projects germane to their community. Given that the Western Virginia Water Authority, by charter, has the ability to incorporate storm water management into its duties, my thought would be to utilize the expertise of the Authority staff to provide guidance and recommendations to their Board for consideration and recommendation to our respective governing bodies. All of us certainly understand that such a process would take time, but I believe the effort should be made. Michael W. Altizer, Chair Roanoke County Board of Supervisors Page 2 I want to thank you again for the progress we are making on many fronts relative to finding regional solutions to improve service to our citizens. The most recent Fire-EMS agreement is just one more example on a growing list. Best wishes in your public service, and I look forward to our working together throughout this year. Sincerely, C."Nelson Harris Mayor Cc; The Honorable Vice Mayor and Members of Roanoke City Council Western Va Water Authority Board of Directors Elmer C. Hodge, Roanoke County Administrator Darlene L. Burcham, City Manager DIANE S. CHILDERS, CMC CLERK TOTHE BOARD Ernail: dchilders @ roanokecounty~a.gov RO. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA& HOLTON, CMC DEPUTY CLERK Email: bhoiton @ roanokecountyva.gov March 8, 2005 Ms. Mary F. Parker, CMC Clerk, Roanoke City Council 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Parker: Attached is a copy of Resolution No. 030705-1 approving an agreement with the City of Roanoke for fire and rescue automatic aid in the Hollins and Mount Pleasant areas of Roanoke County. This resolution was adopted by the Board of Supervisors at a joint meeting with Roanoke City Council and the Roanoke Regional Airport Commission on Monday, March 7, 2005. If you need further information, please do not hesitate to contact me. Sincerely, Brenda O. Holton, CMC Deputy Clerk to the Board of Supervisors Enclosure cc: Richard E. Burch, Jr., Chief, Fire and Rescue Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer William M. Hackworth, Roanoke City Attorney James Grigsby, Roanoke City Fire-EMS Chief AT A JOINT MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA; CITY OF ROANOKE; AND ROANOKE REGIONAL AIRPORT COMMISSION, HELD AT THE NOEL C. TAYLOR MUNICIPAL BUILDING ON MONDAY, MARCH 7, 2005 RESOLUTION 030705-1 APPROVING AN AGREEMENT WITH THE CITY OF ROANOKE FOR FIRE AND RESCUE AUTOMATIC AID IN THE HOLLINS AND MOUNT PLEASANT AREAS OF ROANOKE COUNTY WHEREAS, §§ 27-2, 27-4 and 27-23.9, of the Code of Virginia (1950), as amended, authorizes local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues; and WHEREAS, the City of Roanoke and the County of Roanoke have demonstrated a pattern of successful cooperation through the joint operation of the Fire and Rescue Training Center and in the co-staffing arrangement of the County's Clearbrook station; and WHEREAS, the City and the County have determined that their regional cooperation efforts can be expanded to provide automatic aid for fire and rescue services in each jurisdiction, specifically in the Hollins and Mount Pleasant areas of the County and the North Williamson Road and Garden City areas of the City, by automatically dispatching the closest fire or rescue equipment to an E-911 call, regardless of the location; and WHEREAS, this cooperative concept of automatic aid to both County and City will improve public safety and service to its citizens by improving response times on both fire and rescue calls in the targeted areas and eliminating the occurrence of emergency equipment actually passing other fire stations on route to an emergency response. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby approves the Fire and Rescue Automatic Aid Agreement to provide these services in the Hollins and Mount Pleasant areas of Roanoke County and the Nor[h Williamson Road and Garden City areas of Roanoke City, in substantially the form as attached to this resolution, and authorizes the County Administrator, or his designee, to execute this Agreement on behalf of Roanoke County, upon a form as approved by the County Attorney. 2. That the County and the City agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards for the effective implementation of this Agreement. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the County and the City. 3. That the services performed and expenditures made under this Agreement shall be deemed to be for legitimate public and governmental purposes and all immunities from liability enjoyed by the County and its fire/emergency medical services and resource personnel within its boundaries shall extend to its personnel wherever located during their participation under this Agreement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Wray, Flora, AItizer NAYS: None ABSENT: Supervisor Church A COPY TESTE: Brenda O.CHolton, CMC Deputy Clerk to the Board of Supervisors cc: File Richard E. Burch, Jr., Chief, Fire and Rescue Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Mary F. Parker, Clerk, Roanoke City Council William M. Hackworth, Roanoke City Attorney James Grigsby, Roanoke City Fire-EMS Chief MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virg/nia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 10, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #80-367 Mrs. Edward R. Dudley c/o Edward R. Dudley, Jr. 22 Madison Road Scarsdale, New York 10583-5726 Dear Mrs. Dudley: I am enclosing copy of Resolution No. 36987-030705 memorializing your late husband, the Honorable Edward R. Dudley, who was a native Virginian and former Roanoke resident, civil rights advocate and retired judge, serving the State Supreme Court. The Mayor, Members of Roanoke City Council and citizens of the City of Roanoke send their deepest condolences. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005. Sincerely, City Clerk MFP:ew Enclosure Mrs. Edward R. Dudley March 10, 2005 Page 2 pc: Mr. and Mrs. Edward R. Dudley, 22 Madison Road, Scarsdale, New York 10583 Dr. and Mrs. C. Henike Dudley, 1743 Virginia Road, Los Angeles, California 90019 Dr. and Mrs. Hubert E. Dudley, 2945 Chelsea Circle, Olympia Fields, Illionois, 60461 Mr. and Mrs. Nell E. Dudley, 1957 Fairhope Road, N. W., Roanoke, Virginia 24017 Mrs. Karen Dudley Miller, 1915 Garstland Drive, N. W., Roanoke, Virginia 24017 Dr. Theresa Dudley Stanton and Family, 4866 Adams Pre. Ct., Troy, Michigan 48098 Mr. Ellwood B. Dudley, c/o Mrs. Michelle Hollie, 20503 Riopelle, Detroit, Michigan 48203 Mrs. Michelle D. Hollie, 20503 Riopelle, Detroit, Michigan 48203 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36987-030705. A RESOLUTION memorializing the late Edward R. Dudley, a native Virginian and former Roanoke resident, civil rights advocate and retired judge. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Dudley on Tuesday, February 8, 2005; WHEREAS, Mr. Dudley was born in South Boston, Virginia, and grew up in the 400 block ofRoanoke's Gilmer Avenue; WHEREAS, Mr. Dudley graduated from Johnson C. Smith College in North Carolina with aB.S. in 1932; WHEREAS, after graduation, Mr. Dudley taught black children in a one-room school in Staunton, Virginia, and drove a school bus to supplement his income because he earned much less than white teachers; WHEREAS, after a year at Howard University on a scholarship in dentistry, Mr. Dudley moved north and became close to his politically connected uncle, a real estate developer; WHEREAS, in New York, Mr. Dudley worked odd jobs and signed on with a public works theater project, serving as stage manager for its unit director, the young Orson Welles; WHEREAS, after the theater project ended in 1938, Mr. Dudley enrolled in law school at St. John's University where he received an L.L.B. in 1941, and then went into private practice for a brief time; WHEREAS, Mr. Dudley became active in the community, joining the Carver Democratic Club in Harlem; WHEREAS, Mr. Dudley became an assistant state attorney general -- a job that lasted until Thomas E Dewey was elected governor in 1942; WHEREAS, for a time, Mr. Dudley worked for the growing Pepsi-Cola Company, drumming up sales at Army camps; WHEREAS, in 1943, Thurgood Marshall, who later became a Supreme Court justice, persuaded Mr. Dudley to join the legal staff of the NAACP, fighting for blacks to be admitted to universities in the South, for equal pay for black teachers, and to end discrimination in public transportation; WHEREAS, despite living in New York and abroad, Mr. Dudley argued civil rights cases throughout the South; WHEREAS, Mr. Dudley was executive assistant to the governor of the Virgin Islands from 1945 to 1947; WHEREAS, beginning in 1948, Mr. Dudley spent five years as President Harry S. Truman's ambassador to Liberia, a key diplomatic post in Africa; and helped oversee Truman's Point Four program of economic assistance for third world countries; WHEREAS, Mr. Dudley used political tact to advance other black diplomats at a time when they were assigned strictly to the "Negro Circuit" - posts in Liberia, Madagascar, and the Azores, his efforts resulting in these diplomats taking positions in Europe; WHEREAS, upon his return to New York in 1953, Mr. Dudley practiced law and directed the NAACP's Freedom Fund; WHEREAS, in 1955, Mayor Robert F. Wagner appointed Mr. Dudley as a justice on the Domestic Relations Court; WHEREAS, Mr. Dudley resigned in 1961 when he was elected by the City Council to serve as Manhattan borough president, after a fellow Harlemite, Hulan E. Jack, quit the position, serving the remainder of Mr. Jack's term and winning election to the post later that year; WHEREAS, Mr. Dudley left the borough presidency at the end of 1964 after winning election to a vacancy on the State Supreme Court, and was re-elected in 1978, serving past the usual retirement age, until 1985; WHEREAS, Mr. Dudley was known as a man with his feet on the ground---even though he had gone places, and was regarded by friends and family as a cunning opponent at the card table. 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 Edward R. Dudley, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Dudley's widow, Rae Oley Dudley, of New York, New York. ATTEST: 'LSty Clerk 37 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL January 18, 2005 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 18, 2005, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 36762-070604 adopted by the Council on Tuesday, July 6, 2004. PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel 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 Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: The Mayor advised that Shining Star Awards are presented to persons who go above and beyond the call of duty to be of service to their community. On behalf of the Members of Council, he stated that he was pleased to recognize Mr. Jerry L. Dunnavant. The Mayor explained that a police officer responded to the Memorial Bridge in reference to a subject who was going to jump off the bridge; as the officer arrived on the scene, he observed the man disappear over the bridge; when the officer reached the man, he was hanging over the side of the bridge by a sheet that was tied to his neck and he was approximately 60 feet above the water; he officer then began to pull the man back to safety while placing his own safety and well being in jeopardy by reaching over the side of the bridge without the aid of a safety harness; and upon attempting to reach the man who was two feet from his reach, Mr. Dunnavant held onto the officer's (;-1 38 legs enabling him to reach the victim. The Mayor commended Mr. Dunnavant for his assistance, which enabled the police officer to hold onto the victim, preventing him from falling and relieving the strangling pressure from the victim's neck in order to free him from the bridge. 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, November 15, 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 Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of two Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. 39 Mr. Fitzpatrick moved that Council concur in the request to convene in Closed Session as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members I/Vishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... 0. CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request to convene in Closed Session as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. OATHS OF OFFICE-BUILDINGS/BUILDING DEVELOPMENT-ZONING-PARKS AND RECREATION-COMMITTEES-ROANOKE CIVIC CENTER-COMMUNITY PLANNING: A report of qualification of the following persons, was before Council. Harry F. Collins, Sr., as a member of the Local Board of Building Code Appeals, for a term ending September 30, 2009; Kermit E. Hale and Benjamin S. Motley as members of the Board of Zoning Appeals, for terms ending December 31, 2007; Gwendolyn W. Mason as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2007; Paula L. Prince and Richard A. Rife as members of the City Planning Commission, for terms ending December 31,2008; and Daniel E. Wooldridge as a member of the Roanoke Civic Center Commission, for a term ending September 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 Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... 0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: MISCELLANEOUS-CITY COUNCIL: William D. Elliot, President, Christene Poulson, Executive Director, and Gini Cooper, Community Solutions Chair, Conflict Resolution Center, spoke with regard to services offered by the Conflict Resolution Center. Mr. Elliott advised that: The Conflict Resolution Center has operated in the City of Roanoke for ! 5 years, providing mediation and other conflict resolution services and training. Community Solutions is one of the Center's newest initiatives, it is believed that community mediation centers are the perfect organizations to assist with issues that affect communities, community mediation centers know the community and are committed to it, centers provide the necessary follow-up, they help to resolve conflicts, they are impartial and maintain confidentiality. Increasingly, it seems that citizens want to participate in decision-making and especially when decisions involve issues that are important to them such as renovation of public use facilities, where to construct housing developments and office parks, and how to share resources such as parks and recreation facilities. Citizens are becoming better at blocking those initiatives that they object to and they do so because there is no other mechanism for becoming involved in decision-making or for having their issues heard. The Community Solutions Program was created because good decisions can be made with a good public participation process; i.e.: people involved in such a process can more easily understand the complexities of issues and consider broader interests that combine environmental, social and economic goals; people will support alternatives they do not especially like when they feel the process that led to the decision was fair and all points of view were considered; good solutions to community issues can be created when people work together; and communities are strengthened when the values of people are understood and validated. Participatory problem-solving should occur when issues are high priority and a decision is needed, costs of not building consensus are high, outcome is in doubt, continuing relationships are important, and no single entity has complete decision-making power. The reasons to build community consensus are to reduce/heal community rifts, build "social capital" and trust, foster commitment to the implementation of a decision and generate/create an idea. Public participation processes may not need to be as extensive when the level of concern about an issue is not great, an emergency decision is required, a judicial precedent is needed to clarify a law or guide future conduct, and constitutional rights are at stake. The Conflict Resolution Center provides access to persons who have expertise in designing and delivering public participation processes such as public meetings, public workshops, public dialogues, and collaborative problem solving processes involving mediation and consensus-building, and training in communication and conflict resolution skills that can help persons who work with the public. Mr. Elliott encouraged the City of Roanoke to use the services of the Conflict Resolution Center and the Community Solutions Program. The City Attorney was requested to respond with regard to the feasibility of using mediation as opposed to instituting court proceedings on various issues that affect the City of Roanoke. The City Attorney advised that from time to time he has brought up the concept of mediating land use issues because he has become dissatisfied with litigation as a means of solving public policy issues, alternative dispute resolution is viewed as an alternative, and persons in the legal profession are increasingly being certified in dispute resolution. He referred to recent 42 instances in which he suggested mediation which is less expensive and time consuming than litigation and the parties involved have more control over the outcome, as opposed to ajudge orjury deciding the issue, and mediation also allows the opportunity to work out a mutually beneficial solution. BUDGET-CITY EMPLOYEES-PENSIONS: C. R. Martin, 155 Huntington Boulevard, N. E., representing the Roanoke City Retirees Association, requested a pay increase for City retirees due to the high cost of living, and a health insurance supplement for retired employees 65 years of age and older. He stated that some retirees over the age of 65 are currently paying as much as $700.00 per month, or $8,400.00 per annum, for health insurance. Mr. Martin referred to work-related health and safety issues that affect Police and Fire Department employees and weather-related working conditions that affect Solid Waste Disposal and Water Department employees, many of whom are now elderly and suffer from various types of work-related illnesses. He asked that Council give consideration to these employees during fiscal year 2005-2006 budget study. Without objection by Council, the Mayor advised that the request would be referred to fiscal year 2005-2006 budget study. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: See pages 54-58. ITEMS RECOMMENDED FOR ACTION: STATE HIGHWAYS-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: The City Manager submitted a communication advising that on November 18, 2004, the Commonwealth Transportation Board adopted a resolution which changed the location of the limited access right-of-way line at the interchange of Route 220 and Wonju Street, and also approved conveyance to the adjacent property owner, the developer of the Ivy Market Project, of a small portion of VDOT-owned property adjacent to the existing Wonju Street right-of-way at the same location; and such action was taken in response to a request by the developer of the Ivy Market Project in order to provide vehicular access to the site from Wonju Street between the Route 220 interchange and Franklin Road. It was further advised that in order for the change in limited access limits to be effective, and the conveyance of land to be executed by the Commonwealth Transportation Commissioner, the City of Roanoke must take formal action discontinuing such limited access features, pursuant to Section 33.1-58, Code of Virginia (1950), as amended. 43 The City Manager recommended that Council adopt a resolution discontinuing the limited access features along a portion of Wonju Street as a part of Route 220. Mr. Dowe offered the following resolution: (#36936-011805) A RESOLUTION discontinuing the limited access feature along a portion of Wonju Street as part of Route 220, pursuant to §33.1-58, Code of Virginia (1950), as amended. (For full text of resolution, see Resolution Book No. 69, Page 233.) Mr. Dowe moved the adoption of Resolution No. 36936-011805. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a communication advising that the Fire Programs Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1, Code of Virginia, 1950, as amended; and the sunset clause requiring expiration of the Fund on July 1, 1990 was removed, thus, the City's annual allocation of State funds will continue indefinitely. It was further advised that program guidelines require that funds received are non-supplanting and may not be used to replace existing local funding; funds must be used in accordance with provisions established by the State Department of Fire Programs; and the City of Roanoke's allocation of $186,914.76 was deposited in Account No. 035-520-3235-3235 from the Department of Fire Programs. It was explained that the City's portion of the Roanoke Regional Fire-EMS Training Center debt service is $60,000.00, which was paid annually from the revenue source; and action by Council is required to formally accept and appropriate the funds, to authorize the Director of Finance to establish revenue estimates and to appropriate accounts in the Grant Fund, in order to purchase equipment and supplies in accordance with provisions of the program. The City Manager recommended that she be authorized to accept the grant, to accept and file any documents setting forth conditions of the Fiscal Year 2005 Fire Programs Funds Grant, to furnish such additional information as may be required and to appropriate grant funds in the amount of $186,914.00, with corresponding revenue estimates, in accounts to be established by the Director of Finance in the Grant Fund. Mr. Dowe offered the following budget ordinance: (#36937-011805) AN ORDINANCE to appropriate funds for the Fire Program Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 234.) Mr. Dowe moved the adoption of Ordinance No. 36937-011805. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick Lea, McDaniel and Mayor Harris .................................................................................... 7. NAYS: None ..................................................................................................... 0. Mr. Fitzpatrick offered the following resolution: (#36938-011805) A RESOLUTION authorizing the acceptance of the FY2005 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of any documents required by the grant. (For full text of resolution, see Resolution Book No. 69, Page 235.) Mr. Fitzpatrick moved the adoption of Resolution No. 36938-011805. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................... 7. NAYS: None ..................................................................................................... O. AIRPORT-TRAFFIC-BUDGET: The City Manager submitted a communication advising that during Council's December 6, 2004 briefing session, Transportation Division staff presented information on potential transportation projects; i.e.: Aviation Drive and Towne Square Boulevard. The proposed improvement will signalize and align the Airport's entrance opposite Towne Square Boulevard and will facilitate at Aviation Drive; allowing westbound movements on Towne Square Boulevard and aligning the Airport's entrance at a signalized intersection is expected to relieve traffic congestion in the vicinity of Hershberger Road and will help to clear up motorists' confusion of the area between Thirlane Road and the Airport's main entrance; planning level cost estimate for the project is $1 million, however, funding of $250,000.00 would enable preliminary engineering work to begin and would help to facilitate potential private funding from businesses within the vicinity of the project. Huff Lane Streetscape improvements. The project would improve the streetscape and add parking to Huff Lane between Cornell Drive and Avalon Avenue; the project will improve the neighborhood environment by reducing traffic speeds and providing additional parking for the recreation facilities along Huff Lane; the reduction in speed will be facilitated by a narrowing of the existing travel lanes and the addition of on- street angled parking; the corresponding reductions in traffic speeds will improve the safety of pedestrians visiting the school and the recreation facility along Huff Lane; additional parking will reduce the parking demand within the neighborhood during athletic events at the ball fields; and staff is ready to proceed toward design and implementation of the project, at an estimated implementation cost of $250,000.00. It was further advised that funding for each of the projects is available in existing Capital Projects Fund accounts and may be transferred to establish budgets for the projects. The City Manager recommended that Council transfer funds in the amount of $250,000.00 from VDOT Highway Projects, Account No. 008-530- 9803, to an account to be established by the Director of Finance in the Capital Projects Fund entitled, "Aviation & Towne Square Boulevard Improvements"; transfer funds in the amount of $150,000.00 from VDOT Highway Projects, Account No. 008-530-9803, and funds of $100,000.00 from Roadway Safety Improvement Program, Account No. 008-052-9606, to an account to be established by the Director of Finance in the Capital Projects Fund entitled, "Huff Lane Streetscape Improvements". Mr. Fitzpatrick offered the following budget ordinance: (#36939-0! 1805) AN ORDINANCE to transfer funding for Aviation Drive, Towne Square Boulevard and Huff Lane Streetscape Improvements Projects, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 69, Page 236.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36939-011805. The motion was seconded by Ms. McDanieh Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of including funds in future budgets to complete the bridge over 1-581 in order to provide better access to Valley View Mall. Ordinance No. 36939-011805 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... 0. STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a communication advising that Section 33.1-41.1, Code of Virginia (1950), as amended, establishes eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance; the State Code section specifies two functional classifications of roadways (Principal/Minor Arterials and Collector/Locals) and establishes a base payment rate per lane mile for each classification or roadway; rates are adjusted annually by VDOT based upon a statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges; City eligibility for fiscal year 2004-2005 is approximately $9,835,330.00 in street maintenance payments from VDOT; and funds are to be used for eligible maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. It was further advised that City staff has found certain streets that have not previously been identified for VDOT funds that should be submitted to VDOT to enable their eligibility for payment in the next fiscal year; and approval of additions to the street inventory is expected to increase street maintenance payments to the City by approximately $15,527.00 at current year payment rates. The City Manager recommended that she be authorized to submit the list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Mr. Fitzpatrick offered the following resolution: (#36940-011805) A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation ("VDOT"), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. (For full text of resolution, see Resolution Book 69, Page 237.) Mr. Fitzpatrick moved the adoption of Resolution No. 36940-O11805. The motion was seconded by Mr. Dowe and adopted by the following vote: 47 AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. BUDGET-GREENWAY SYSTEMS-ISTEA: The City Manager submitted a communication advising that the City of Roanoke was previously notified by VDOT that a $200,000.00 transportation enhancement grant was approved for the Roanoke River Greenway through the Transportation Equity Act for the 21 ,t Century (TEA-21); appropriate documents have been forwarded to City of Roanoke staff; a project development agreement must now be executed between the City of Roanoke and VDOT, which will define the responsibilities of each party for the project; funds would be applied toa portion of Phase2 of the Roanoke River Greenway Project (Wasena Park to the City of Salem); the City of Roanoke will be responsible for the match requirement of $50,000.00 which is available in Greenway Project Account No. 008-620-9753; and the $200,000.00 of TEA-21 Enhancement funds must be appropriated to the project account. The City Manager recommended that she be authorized to execute an agreement with the Virginia Department of Transportation; that Council appropriate $200,000.00 to Greenway Project Account No. 008-620-9753; and establish a revenue estimate in the same amount for TEA-2! Enhancement funds to be funded by VDOT. Mr. Cutler offered the following budget ordinance: (#36941-011805) AN ORDINANCE to appropriate TEA-21 Enhancement Grant funding to be provided by VDOT for the Roanoke River Greenway Project, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations~ and dispensing with the second reading by title of this ordinanCe. (For full text of ordinance, see Ordinance Book 69, Page 237.) Mr. Cutler moved the adoption of Ordinance No. 36941-011805. The motion was seconded by Ms. McDaniel. The City Manager was requested to respond with regard to a potential timetable for greenway construction. She advised that the plan for the Roanoke River Flood Reduction Project, which is to be done in two phases, includes a greenway for the entire length, and a significant portion of the cost of greenway construction involves local dollars as opposed to Federal dollars; the actual timetable for construction of the Roanoke River Flood Reduction Project continues to be an elusive issue because there appears to be another complication in connection with awarding the construction contract, even with the $5 million that Congressman Bob Goodlatte was successful in securing for the City of 48 Roanoke; and the City has been advised that it must identify a portion of the project that would equate to the amount of money that is actually available, rather than the previous process used by the Federal government to award the entire contract and then build only as much as was available dollar-wise in any given year with the understanding that future funds would become available. She stated that now that the City is required to select projects along the route rather than create a continuous portion at a single time, it would be difficult to predict a time-frame when the greenway would be constructed for the entire length of the Roanoke River Flood Reduction project. She added that the choice of this particular segment was an attempt to match up with greenway work that is occurring within the City of Salem in order to provide a continuous stretch, but does not diminish the City's desire to complete the entire portion of the greenway at some point in the future. Upon question, the City Manager advised that it will be communicated to the U. S. Army Corps of Engineers that the City plans to use the approximately :$3 million for one to two bench cuts and certain other smaller and related activities that would directly benefit flood reduction. Ordinance No. 36941-0! 1805 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. Mr. Cutler offered the following resolution: (#36942-011805) 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 69, Page 238.) Mr. Cutler moved the adoption of Resolution No. 36942-011805. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. CITY ATTORNEY: CITY CODE-SCHOOLS: The City Attorney submitted a written report advising that pursuant to the request of Council, he has prepared an ordinance which would amend the City Code to simplify the procedure used by Council to select School Board Trustees; Council has had in place for many years a procedure which includes numerous requirements and specified time periods that have proven to be cumbersome to comply with; the process that has been used by Council is much more detailed than that which is required by law; and Section 22.1-29.1, Code of Virginia, (!950), as amended, provides as follows: "At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter,....the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least ten days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member." The City Attorney further advised that Council has adopted a procedure for making appointments to the City's major boards and commissions which will ensure opportunities for citizen participation in the process of selecting School Board trustees. Mr. Cutler offered the following ordinance: (#36943-0! 1805) AN ORDINANCE amending Article II, Procedure for Election of School Trustees, of Chapter 9, Education, Code of the City of Roanoke (1979), as amended, by repealing §§9-16 through 9-23, relating to the election of school trustees, and by adding a new §9-24, Fillinq of vacancies on school board, in order to simplify the process of filling such vacancies; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book 69, Page 239.) Mr. Cutler moved the adoption of Ordinance No. 36943-011805. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. DIRECTOR OF FINANCE: BRIEFINGS: See pages 59-61. 5O REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A communication from the Roanoke City School requesting appropriation of the following funds: $15,000.00 for the Chess Program to pay for chess materials and tournament participation costs, which continuing program has received a private donation; $1,000.00 for the Autism Spectrum Disorders program to fund supplies for professional development activities related to autism spectrum disorders, said program to be reimbursed 100 per cent by Federal funds; $162,543.00 for the Blue Ridge Technical Academy to provide a business and technical training program for a diverse population of students, said appropriation representing the final allocation of fiscal year 2004-2005 local match funds; $1,600,000.00 for Fallon Park Elementary School improvements including electrical, heating, ventilation, and air conditioning upgrades, said funding to be provided from the Virginia Literary Fund and Qualified Zone Academy Bonds; $3,850,000.00 for the Westside Elementary School renovation project to be used for construction of renovations and additions, said funding to be provided from the Virginia Literary Fund; $186,000.00 for the design of heating and air conditioning system upgrades for Raleigh Court and Monterey Elementary Schools, said funding to be provided from Capital Project Reserve Funds; and $130,500.00 for the Preschool Incentive program to provide additional diagnostic assessment services for handicapped students who will be entering the public schools system for the first time in the fall, said new program to be reimbursed 100 per cent by Federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was before the body. Mr. Fitzpatrick offered the following budget ordinance: 5! (#36944-011805) AN ORDINANCE to appropriate funding for the Chess Program, Autism Spectrum Disorders Program, Blue Ridge Training Academy, Fallon Park Elementary School and Westside Elementary School Renovations, and heating and air system upgrades for Raleigh Court and Monterey Elementary Schools, amending and reordaining certain sections of the 2004- 2005 School and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 69, Page 243.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36944-011805. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... 0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUSES-CITY COUNCIL-SCHOOLS: Council Member Cutler called attention to the popularity of bus service between the City of Roanoke, Ferrum College, Roanoke College and Hollins University, and the Smart Way Transit service between Roanoke and the New River Valley has generated considerable ridership. BRIDGES: Council Member Cutler advised that the $500,000.00 secured by Congressman Bob Goodlatte from the Department of Transportation for the Martin Luther King, Jr., Memorial Bridge, which was originally restricted to a vehicular bridge, may now be used for a pedestrian bridge; however, procedural requirements of the Virginia Department of Transportation may slow the process down. The City Manager advised that it is intended to erect signage at both ends reflecting the official name of the bridge inasmuch as approval has been received from the Martin Luther King, Jr. Foundation, and signage will incorporate not only the name of the bridge but that the project is under design. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member Dowe congratulated various entities within the City of Roanoke for hosting celebrations honoring the life of Dr. Martin Luther King, Jr., on Monday, January 17, 2005. He also congratulated Council Member Lea who served as keynote speaker at the Southern Christian Leadership Conference (SCLC) Freedom March program on January ! 7. He commended the citizens of the City of Roanoke on continuing to grow in various areas of diversity and encouraged citizens to examine themselves to ensure that they are a part of the solution in order to make a difference in their City. COMPLAINTS-METHADONE CLINIC-CITY COUNCIL-SCHOOLS: Council Member Lea expressed appreciation to the Members of Council for their attendance at various Dr. Martin Luther King, Jr. activities which were held throughout the weekend. With regard to the proposed methadone clinic on Hershberger Road, he inquired if the City of Roanoke can regulate operating hours of the clinic so as not to conflict with operating hours of schools in the area; can the City enact legislation that would prohibit drugs from leaving the premises of the methadone clinic; and has the City received notification of the official opening date of the methadone clinic. The City Attorney responded that the City of Roanoke has no direct regulatory control over the methadone facility in question; if it were a facility that was just locating in the City of Roanoke, a special exception permit from the City's Board of Zoning Appeals would be required; the methadone clinic was required to obtain three permits from the City; i.e.: a business license which was issued for the first time in November 2003 and renewed by the Commissioner of the Revenue for 2004; a zoning certificate which was issued in November, 2003; and a Certificate of Occupancy to occupy the building which was issued in December, 2003, and no other licenses are required to be obtained from the City. He stated that regulating the hours of operation would require specific enabling legislation from the General Assembly because operation of the clinic is regulated by State and Federal governments, none of which are within the City's control. He added that his only knowledge with regard to hours of operation of the methadone clinic was included in a recent newspaper article which indicated that the clinic would open for business before the opening of schools in the area. Council Member Lea inquired if the City has been officially notified of the opening date of the methadone clinic. The City Manager responded that the Police Department has received information relative to a possible opening date, but to the best of her knowledge, the City has received no official notice. She advised that she, as well as the Council, have stated on a number of occasions that the City is not pleased with the presence or location of the methadone clinic in the community, but given the fact that there appears to be no way to prevent its opening, the Council and the City Manager have 53 given assurance to the community that the City will monitor the performance of the facility to ensure compliance with all City of Roanoke laws and regulations. She added that the City has undertaken preparatory steps to look at traffic issues and security issues in the Hershberger/Cove Road area. Council Member Dowe stressed the importance of continuing to look for alternative locations for the facility. CITY COUNCIL: The Mayor expressed appreciation to Council Members and Council Appointed Officers for their participation in the Council's Planning Retreat which was held on Thursday, January 13, 2005, at The Hotel Roanoke Conference Center. ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY: The Mayor commended all persons who participated in the Cradle to Cradle housing program. He advised that the reception was well attended and called attention to the geographic diversity of those persons who submitted applications; the competition showcased the City of Roanoke; judges were stellar in their individual areas of expertise; and an interest has been expressed with regard to building on this year's competition. ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The Mayor called attention to a luncheon which was held on Tuesday, January 11, 2005, recognizing City employees for their years of service. He commended the Members of Council for their attendance and support of those employees who serve the citizens of City of Roanoke. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. PARKS AND RECREATION-ARMORY/STADIUM: Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of the installation of a soccer field in East Gate Park. He asked that Victory Stadium not become a part of Roanoke's past and that the facility be renovated for present and future generations of Roanokers. AIRPORT-BRIDGES-ARMORY/STADIUM: Mr. Jim Fields, ! 7 Ridgecrest Road, Hardy, Virginia, spoke in support of the renovation of Victory Stadium. He commended Council on the decision to make the First Street Bridge a pedestrian bridge as a tribute to Dr. Martin Luther King, Jr., in lieu of razing the structure. He suggested that the former airport terminal building be used for office space. COMPLAINTS-ARMORY/STADIUM-CITY EMPLOYEES-SNOW REMOVAL: Mr. Robert Gravely, 727 29th Street, N. W., spoke in opposition to the City engaging the services of private contractors to remove snow from City streets; 54 an inadequate pay scale for City employees; indecision regarding the future of Victory Stadium; the loss of the City's population base; and the lack of entertainment opportunities/attractions in downtown Roanoke. CITY MANAGER COMMENTS: ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY: The City Manager reported on the Cradle to Cradle housing design competition that attracted over 1000 visitors to the Art Museum of Western Virginia. She referred to public exposure of the competition; i.e.: an article in the New York Timesand two film companies recorded the entire process for a PBS television special. She called attention to the need to proceed to the next step which is to ensure that some of the homes are constructed in the City of Roanoke; while there were approximately 220 designs that were judged, eight were selected as winners; a pattern book will be prepared containing all 220 plus designs, with the goal of generating interest among private citizens and developers toward construction of homes in an effort to create a new sense about future housing in the City of Roanoke and how the Roanoke area can serve as a model. She noted that jurors have encouraged the City to replicate the competition on an annual basis and a recommendation will be submitted to Council in the near future. She stated that the next phase is to identify resources, both public and private, with regard to construction of several of the homes this summer and efforts are underway to welcome back to the community those students who participated in the competition so that they may witness the process of moving from a design concept to actual construction. At 3:30 p.m., the Mayor declared the Council meeting in recess for two briefings and three Closed Sessions in the Council's Conference Room. The meeting reconvened in the Council's Conference Room at 3:35 p.m. TAXES: Susan S. Lower, Director of Real Estate Valuation, advised that citizens will receive a notice of change in the value of their real estate on January 18, 2005, and in accordance with the Code of Virginia, Ad Valorem Taxation, the Office of Real Estate Valuation has completed the Annual General Reassessment for Fiscal Year 2005-2006 and Change of Assessment notices were mailed to 43,107 property owners on January 17, 2005. She advised that: The City's real estate tax base increased approximately 7.46 per cent due to this year's annual reassessment, which is subject to appeals and excludes new construction. Nearby localities experienced similar increases in property values, with Roanoke County assessments having increased by 7.15 per cent this year and values increased in the City of Salem 11.5 per cent over the two-year assessment cycle. New construction in the City of Roanoke totals $51.5 million and will add another 1.03 per cent to the tax base for fiscal year 2005-2006, which is down from last year's 1.23 per cent increase. Residential new construction totals $29.4 million and commercial new construction totals $22.1 million, while last year's projections for new construction totaled $57.1 million, or $33.6 million for residential and $23.5 million for commercial. Overall, general reassessment and new construction indicate an increase of 8.49 per cent in the real estate tax base for fiscal year 2005-2006, while last year's increase was ?.9? per cent before adjustments. Values will be adjusted for appeals, tax freezes, tax abatements and other miscellaneous items to arrive at a revenue estimate for fiscal year 2005-2006. The Office of Real Estate Valuation is charged with appraising all real property in the City of Roanoke at 100 per cent of market value. The downward trend in mortgage interest rates contributed greatly to an active real estate market again this year. As demands for residential housing continued to reach unprecedented levels and building costs increased significantly, the sales price of housing increased and was one of the primary factors in the overall increase in assessments for the 2005-2006 fiscal year. Individual property assessments may vary widely from the City-wide average of 7.46 per cent. Most assessment increases will range from five per cent to nine per cent, with a majority at 7.5 per cent; however, if an owner has made significant improvements to a property during the year, the property owner may receive an increase greater than the average. Assessment appeals will be conducted from January 17 - February 14, 2005. In further explanation of the reassessment process, Ms. Lower advised that: 56 · Market value is defined as the amount a typical, well-informed purchaser would be willing to pay for a property. · The Mission Statement for the Department of Real Estate Valuation is: "As a team of dedicated professionals, we strive to provide fair and accurate assessments on all real estate. We pledge to deliver extraordinary customer assistance and serve as a comprehensive information source. We will accomplish this through a collaborative effort, with continuous learning, an emphasis on hard work, and a commitment to excellence." · Proval, which is a new mass appraisal system, was purchased in 2001. Proval conversion was set up in three phases: Phase I - digital photos and sketches (2002) Phase II - walked half the City (2003) Phase III - walked other half of the City (2004) City of Roanoke Residential Sales Data Comparisons: Year Total Sales Percentage Change in Total Sale Number of Sales Price Percentage Change In Sale Price 2001 4509 N/A 2004 4527 4.0 % $354,765,345 N/A $752,375,047 112.08% Council Member Wishneff asked that new home sales be separated from the total. In a later response, Ms. Lower advised that there were 159 new home sales in 2001 totaling $27,905,295.00, or an average value of $175,505.00; and there were 111 new home sales in 2004, totaling $17,261,954.00, or an average value of $155,513.00. · What is sales ratio? The ratio of an appraisal or assessed value to the sale price or adjusted sale price of a property. Assessment = $140,000.00 Sale Price = $150,000.00 Sales Ratio = 93% ($140,000.00/$150,000.00 = .93) Target Sales Ratio for the City of Roanoke is 93% to 95%. Department of Taxation Sales Ratio Study: Year Preliminary Ratio Posted Ratio 2004 92.2 2003 91.5 2002 87.2 88.80 2001 91.0 91.12 2000 94.3 92.08 1999 94.9 92.93 1998 93.8 94.03 1997 92.6 93.01 1996 94.6 94.54 1995 95.1 90.30 1994 90.6 93.30 1993 94.5 94.50 1992 88.5 92.30 1991 N/A 93.40 1990 N/A 92.20 Preliminary Ratio is based on four months of sales from November- February Preliminary Ratio is used for public utilities only Posted Ratio is Roanoke's Assessment Ratio The 2002 Posted Ratio compares the 2003 sales to 2002 assessments 2002 Sales Ratio Study for otherjurisdictions: Cities/Counties No. Parcels Median Ratio Roanoke City 45,468 89% Roanoke County 42,920 91% Charlottesville 13,520 81% Fairfax City 8,551 83% Hampton 49,992 92% Lynchburg 29,334 91% Newport News 52,390 92% Norfolk 73,738 86% Richmond 74,356 87% Salem 10,194 83% Virginia Beach 148,591 86% Danville 26,030 86% 58 Areas of concentration: Land Values Most land values increased 10% to 15% Targeted residential land to building ratios 20% to 25% Demand for land is high and supply is Iow Neighborhoods with Iow sales ratios Income producing properties Real Estate Assessment projections for fiscal year 2005-2006: The tax base will increase by 7.46 per cent Projected fiscal year 2004 - 2005 is 6.74 per cent New construction will increase 1.03 per cent Projected fiscal year 2004 - 2005 is 1.23 per cent Total increase overall is 8.49 per cent Projected fiscal year 2004 - 2005 is 7.97 per cent A survey of other reassessment increases in Roanoke County, Salem, Lynchburg, Franklin County, Montgomery County and Botetourt County was reviewed. An increase in real estate assessments is a good thing; neighborhoods are strong and growing; revitalization is taking place; and real estate is a good investment, both in residential and commercial. National Association of Realtors predictions for 2005 are: Existing home sales will fall 4% and p/u in 2006 New home sales and single family housing will fall slightly in 2005 and 2006 Home sales will bring a more reasonable rate of home price appreciation in 2005 Continue to have an active market The following tax relief programs are available: Elderly Tax Freeze Disability Tax Relief Program Rehabilitated Tax Abatement Land Use Proposed Solar Energy Abatement TAXES: The City Manager advised that Council approved certain changes in the tax abatement program, pursuant to Ordinance No. 34915- 071700, which was adopted on July 17, 2000, and deferred action on other issues pending further study. She stated that a suggestion was offered to either wait for adoption of the Strategic Housing Plan, or to consult with those persons working on the plan with regard to whether or not to impose a cap on the value of homes that would receive the tax abatement. She advised that various options have been reviewed by a committee composed of the City Manager, Director of Finance, Director of Management and Budget, Director of Planning and Community Development, Director of Real Estate Valuation and others, and the purpose of the briefing was to receive input from Council with regard to a proposed recommendation by City staff. The Director of Real Estate Valuation advised that at the Council briefing on September 7, 2004, she was requested to respond to the following questions: (1) Which localities with similar programs have instituted a dollar cap on the core value of properties that participate in the real estate tax abatement program? Response: No other jurisdictions allow caps. (2) Do other localities target specific neighborhoods or are rehab programs offered city-wide? Response: All but one program is city wide and only three jurisdictions actually target certain areas. (3) To seek input from the Housing Strategic Plan Steering Committee on recommendations for changes in tax exemption requirements for the rehabilitation of residential real property. Response: From a strategic standpoint, the Steering Committee is of the opinion that the intent of the program should be to improve the overall quality of housing in the City, and not necessarily to simply revitalize aging and deteriorating structures; as such, the program should be directed to property owners in all price ranges in the City's housing market; and Steering Committee members opposed the idea of a $200,000.00 cap on assessed value prior to rehabilitation. Although the Steering Committee agreed with eliminating the restriction that total square footage must not be increased by more than 15 per cent; the Steering Committee agreed in concept with the recommendation that would allow demolition of a residential structure with an assessed value below $5,000.00, however, the Steering Committee believes that the dollar figure should be higher and requested that the recommendation be revised to a figure between $10,000.00 and $25,000.00. 6O Ms. Lower referred to information on projected rehab tax revenue foregone on properties greater than $200,000.00 and advised that using projected averages and forecasted averages on existing homes it is believed that the range for foregone revenues of properties greater than $200,000.00 would be in the neighborhood of $200,000.00 - $400,000.00, and if added to the existing program approaching $600,000.00, total revenue foregone by 2008 would be in the $1 million range. Ms. Lower advised that the following recommendations are submitted for consideration by Council: 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. For a residential structure with an assessed value below $10,000.00, 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 !20 per cent of the median value of other dwelling units in the neighborhood; the exemption shall not apply when any structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district; and currently, an exemption shall not apply when any existing structure is demolished or razed and a replacement structure is constructed. For any residential structure which has an assessed value, prior to rehabilitation, equal to or greater than $300,000.00, the exemption shall begin on July 1 of the tax year following completion of the rehabilitation, renovation, or replacement and shall run with the real estate for three years; and this will apply regardless of its historic designation location or the per cent net reduction in number of dwelling units after rehabilitation. Ms. Lower reviewed the following proposed rehab marketing strategy: Update a brochure that will be included in a "book like" format complete with residential and commercial examples and an application for the Rehab Program which will be distributed to the Building Department, Housing Services, Loan Officers at local banks, etc. · Address neighborhood organizations · Channel 3, RVTV 61 · Citizen Magazine · Advertise through mass mailings similar to advertising for residential real estate transfers in the City · Update the web site with a rehab application button ready to print for all inquiries When appraisers walk their neighborhoods and observe a potential candidate for the Rehab program, the homeowner will be informed about the program When appraisers work their building permits, if a potential candidate for the Rehab program is identified, the homeowner will be informed of the incentive With the concurrence of Council, the City Manager advised that Council will be requested to approve the above referenced recommendations at its meeting on Monday, February 7, 2005. The Council convened in Closed Session in the Council's Conference Room. At 7:00 p.m., on Tuesday, January 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 Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris ............................................................................................ 7. ABSENT: NONE ............................................................................................... 0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L Burcham, City Manager; William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Sherman P. lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. 62 PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carillon Medical Center and CHS, Inc., that a 15 foot alley running between Whitmore Avenue and Reserve Avenue, S. W., and parallel to Jefferson Street, 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 December 31,2004, and Friday, January 7, 2005. The City Planning Commission submitted a written report recommending that Council approve the request to vacate, discontinue and close the alley, subject to certain conditions as more fully set forth in the report, and that the petitioners not be charged for the property due to adoption of the South Jefferson Redevelopment Plan in which all property acquisition will be carried out by the Roanoke Redevelopment and Housing Authority on behalf of the City. Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his clients. Mr. Fitzpatrick offered the following ordinance: (#36945-011805) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 69, Page 245.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36945-011805. The motion was seconded by Mr. Dowe. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 36945-011805 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. 63 COMMUNITY PLANNING-NEIGHBORHOOD PLANS-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on amendment of Vision 2001~2020, the City's Comprehensive Plan, to include the Fairland and Villa Heights Neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 31,2004, and Friday, January 7, 2005; and in The Roanoke Tribune on Thursday, January 6, 2005. A communication from the City Planning Commission advising that Vision 2001-2020 recommends that detailed neighborhood plans be developed and adopted for each of Roanoke's neighborhoods; and the plan for Fairland/Villa Heights has been reviewed by the neighborhood, by City staff and by the Long Range Planning Committee of the City Planning Commission. It was further advised that the Neighborhood Plan identifies the following high priority initiatives: Residential Development - encourage the design and development of new housing that is compatible with existing structures, attract new homeowners by developing infill parcels and make the neighborhood more attractive by placing greater emphasis on code enforcement violations, and emphasize rehabilitation of substandard housing. · Infrastructure - improve storm water drainage, emphasizing Cove Road, Lafayette Boulevard and Fairland Road. Improve streetscapes by providing proper maintenance of trees and shrubs, planting new street trees, and improving sidewalks and curb and gutter systems for the entire neighborhood. Establish traffic safety measures for Lafayette Boulevard, Cove Road, and incorporate alternative transportation corridors for bicycles. Economic Development - identify the areas around the intersection of Cove Road and Lafayette Boulevard and the intersection of Lafayette Boulevard and Melrose Avenue as Village Centers. Consider establishing incentives for small business development within these areas. · Code Enforcement - improve the area's physical appearance by continuing to target the neighborhood for code enforcement. The City Planning Commission recommended adoption of the Fairland and Villa Heights Neighborhood Plan as a component of Vision 2001-2020, the City's Comprehensive Plan. Mr. Dowe offered the following ordinance: (#36946-011805) AN ORDINANCE approving the Fairland and Villa Heights Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Fairland and Villa Heights Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 69, Page 247.) Mr. Dowe moved the adoption of Ordinance No. 36946-011805. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. Council Member Dowe commended his father, Alfred T. Dowe, Sr., for his outstanding service to the Fairland Civic Organization over the past 25+ years. He also acknowledged, with appreciation, the influence of his mother and father on his life as he observed their steadfast and unwavering commitment to the City of Roanoke. There being no further questions or comments by Council Members, Ordinance No. 36946-011805 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. COMMUNITY PLANNING-NEIGHBORHOOD PLANS-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the Grandin Court Neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 31, 2004, and Friday January 7, 2005. A communication from the City Planning Commission advising that Grandin Court is a well-defined residential community bordered by Grandin Court to the north, Creston Avenue to the south, Persinger Road to the east, and Roanoke County to the west; the neighborhood is fully developed with most of the homes having been built between 1920and 1960;and Brambleton Avenue and Grandin Road provide access to other parts of the region. It was further advised that the Neighborhood priority initiatives and recommendations: Plan proposes four 1. Reactivate the Grandin Court Civic League: Residents should be involved in neighborhood improvement and advocacy. 2. Strengthen neighborhood identity: Install gateway signs at specific locations on Brambleton Avenue and Brandon Road. 3. Encourage the establishment of vibrant village centers. Located along the western segment of Brambleton Avenue and at the intersection of Grandin Court and Guilford Avenue; village centers should be dense, compact in size, and identifiable; uses in village centers should generally be neighborhood-oriented commercial, but should also contain some businesses that serve a larger market. The village center on Brambleton Avenue should make a distinct change in character when entering from Roanoke County; the development pattern and infrastructure should resemble more of a main street than a continuation of a strip commercial pattern found in the county. 4. Improve corridors and gateways: Streets and gateways should be attractively designed; specific attention should be placed on Brambleton Avenue because it is a major gateway to Roanoke; functionally, streets will accommodate autos, pedestrians, and bicycles; trees should be used to create a canopy over streets, so large species of trees should be used whenever possible. Traffic-calming strategies should be incorporated into improvements; and the priority should be on providing an improved pedestrian environment. The City Planning Commission recommended that Council adopt the Grandin Court Neighborhood Plan as a component of Vision 2001-2020, the City's Comprehensive Plan. Mr. Dowe offered the following ordinance: (#36947-011805) AN ORDINANCE approving the Grandin Court Neighborhood Plan, and amending Vision 2001 2020, the City's Comprehensive Plan, to include the Grandin Court Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 69, Page 248.) Mr. Dowe moved the adoption of Ordinance No. 36947-011805. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There was discussion with regard to: Whether a football stadium on the Patrick Henry High School campus would be in conformity with the Neighborhood Plan; whereupon, R. Brian Townsend, Director of Planning, Building and Development, advised that the Plan does not recognize a footfall stadium, nor did the Office and Institutional District rezoning that was approved by Council some time ago envision a football stadium for Patrick Henry High School. The reactivation of the Grandin Court Civic League An acknowledgement of appreciation that the Neighborhood Plan referenced the need to be sensitive to the Brambleton Avenue commercial corridor; i.e..' sensitive to not only appropriate commercial development, but also recognizing the area as a gateway not only to the Grandin Court neighborhood, but to the City. Appreciation was expressed for the manner in which City staff responded to the concerns of the neighborhood with regard to the increasing percentage of rental property in comparison to the percentage of property that is owner occupied. Mr. Townsend reported on the status of neighborhood plans. He advised that three neighborhood plans are currently underway; i.e.: Peters Creek South, the East Gate - Hollins Road area which is the Route 460 corridor, and Garden City. He stated that upon completion in the spring, neighborhood plans will be forwarded to the City Planning Commission and to City Council for approval; and upon approval by Council and the City Planning Commission, neighborhood plans will have been completed for all areas of the City. He noted that the goal will then be to upgrade the three neighborhood plans that were prepared in the late 1980's and early 1990's; South Roanoke, 67 Deyerle and Raleigh Court to bring the plans into conformity with the City's Comprehensive Plan; and the Mill Mountain area has been removed from the neighborhood planning map since the Parks and Recreation Department will prepare a master plan for the Mill Mountain area that will become a part of the Comprehensive Plan upon completion. Question was raised with regard to the merit of preparing a revised Comprehensive Plan to include all neighborhood plans, the City's Urban Forestry Plan, and the Parks Master Plan; whereupon, Mr. Townsend advised that from a technical standpoint, every time a neighborhood plan is adopted by Council, the Comprehensive Plan is amended; documents are published separately because they are distributed by neighborhood; and a document could be prepared including the various plans which could also be accessed via the City's website. The City Manager pointed out that the Comprehensive Plan will be updated in another year pursuant to a previous commitment to update the plan in five years, to then be followed by ten year updates. Ordinance No. 36947-011805 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... 0. AIR RIGHTS-MARKET SQUARE PARKING GARAGE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to issue a revocable permit for air rights to Colonial Partners, LLC, across a portion of City owned property known as 204 Jefferson Street for a period of five years, subject to renewal upon mutual agreement of the parties and for the initial consideration of $2,800.00, to allow construction of a pedestrian bridge and associated lighting and security cameras to connect to the City's Market Square Parking Garage, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 7, 2005. The City Manager submitted a communication advising that the property owner, Colonial Partners, LLC, has requested a revocable permit for air rights to allow the construction of a pedestrian bridge and associated lighting and security cameras to connect the building to the City's Market Square Parking Garage; the revocable permit for air rights will include the right to construct, maintain, repair, replace and remove the structure to be constructed; the proposed permit will be for an initial term of five years, subJect to renewal in five-year terms upon mutual agreement of both parties; permit payment is recommended to be a lump sum fee of $2,800.00 for initial term of the agreement; and the value was established by calculating the fee simple value of the 79 square foot footprint of the permit area and reducing that by 75 per cent. It was further advised that the proposed pedestrian bridge will connect the two buildings between the fourth floors and will be one level, located approximately 35 feet above ground level and extending upward therefrom for a distance of approximately 16 feet. The City Manager explained that City staff recommends authorization of a revocable permit for air rights for the structure, including provision for a performance bond for removal of the structure should the use terminate, should the structure be allowed to deteriorate unreasonably, or be damaged to the point that the owners do not wish to repair it; the performance bond shall be in the amount of $15,000.00, which amount shall be reviewed periodically and adjusted as needed to ensure that the amount is sufficient to remove the structure; the owner shall be responsible for utilities, biennial inspections, maintenance, and installation and maintenance of security cameras and all lighting which may be required under the structure or on the structure in order to provide adequate lighting for the area within and under the structure; and indemnification and general liability insurance, bodily injury, and property damage liability insurance coverage, with the City to be named as additional insured, shall be provided by the owner. The City Manager recommended that she be authorized to execute a revocable permit, the form of which shall be approved by the City Attorney, for air rights as above described to allow construction for a pedestrian bridge located approximately 35 feet above ground level and extending upward for a distance of approximately 16 feet, for the initial consideration of $2,800.00. Mr. Dowe offered the following ordinance: (#36948-0! 1805) AN ORDINANCE granting a revocable permit for air rights across a portion of City owned property to allow the construction of a pedestrian bridge to connect the building identified by Official Tax Map No. 4010801, commonly known as 204 Jefferson Street, to the City's Market Square Parking Garage, and to permit the installation of lighting and security cameras in the City's Market Square Parking Garage, 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 249.) Mr. Dowe moved the adoption of Ordinance No. 36948-011805. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. Council Member Cutler advised that he has entered into a contract to acquire living space at 204 Jefferson Street and inquired if he should abstain from voting on the ordinance; whereupon, the City Attorney suggested that Mr. Cutler abstain from voting on Ordinance No. 36948-01 !805. There being no further questions or comments by Council Members, Ordinance No. 36948-011805 was adopted by the following vote: AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ............................................................................................................. 6. NAYS: None ..................................................................................................... O. (Council Member Cutler abstained from voting.) 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. No citizens requested to be heard. COUNCIL: With respect to the Closed Meeting concluded earlier in the day, Mr. Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ..................................................................................... 7. NAYS: None ..................................................................................................... O. OATHS OF OFFICE-ROANOKE NEIGHBORHOOD PARTNERSHIP- COMMITTEES: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Advocates created by the resignation of Richard Nichols; whereupon, he opened the floor for nominations to fill the vacancy. Mr. Cutler placed in nomination the name of Maurine P. Castern. 70 There being no further nominations, Ms. Castern was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Richard Nichols, resigned, ending June 30, 2007, by the following vote: FOR MS. CASTFRN: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .............................................................................. 7. OATHS OF OFFICE-COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there are vacancies on the Youth Services Citizen Board created by the resignations of F. B. Webster Day and Cheryl D. Evans; whereupon, he opened the floor for nominations to fill the vacancies. Mr. Fitzpatrick placed in nomination the names of Frances LCraveband Mark H. Hurley. There being no further nominations, Ms. Craveb and Mr. Hurley were appointed to fill the unexpired terms of Cheryl D. Evans, and F. B. Webster Day, resigned, as members of the Youth Services Citizen Board, for terms ending May 31,2006, by the following vote: FOR MS. CRAVEB AND MR. HURLEY: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .............................................. 7. OATHS OF OFFICE-COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS: The Mayor advised that the three year term of office of Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare Board of Directors expired on December 31, 2004, Ms. Johns is ineligible to serve another term; whereupon, he opened the floor for nominations to fill the vacancy. Mr. Dowe placed in nomination the name of Vincent G. Dabney. There being no further nominations, Mr. Dabney was appointed as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31,2007, by the following vote: FOR MR. DABNEY: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .............................................................................. 7. There being no further business, the Mayor declared the meeting adjourned at 7:30 p.m. APPROVED A i I EST: Mary F. Parker C. Nelson Harris City Clerk Mayor CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 10, 2005 File #100 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 copy of Ordinance No. 36988-030705 authorizing the City Manager to execute Amendment No. ! to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., to extend the date by which the YMCA must transfer to the City a portion of the property on which the former YMCA facility is located to April 29, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach me nt Darlene L. Burcham, City Manager March lO, 2005 Page 2 pc: F. Cai Johnson, Executive Director, YMCA of Roanoke Valley, Inc., P. O. Box 2130, Roanoke, Virginia 24016 William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36988-030705. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to April 29, 2005; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, Amendment No. 1 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA, to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to April 29, 2005. 2. Pursuant to the provisions o£Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 54C~853-243 I FAX: 540 853 1221 EMAIL: cityalty @ci.roanoke.va.us March 7, 2005 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CFI Y ATfORNEYS Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re~ Amendment No. 1 to Agreement between City of Roanoke and YMCA of Roanoke Valle,/, Inc., dated December 24, 2002 Dear Mayor Harris and Members of Council: Subparagraph A of Paragraph No. 12 of the Agreement dated December 24, 2002, between the City of Roanoke ("City") and YMCA of Roanoke Valley, Inc. ("YMCA"), requires the YMCA to transfer a portion of the property on which the old YMCA facility is located to the City by March 1, 2005. However, the Agreement requires the YMCA to remove asbestos from the old YMCA facility before the YMCA transfers it to the City. Because of complications related to the removal of the asbestos from the facility, the YMCA has not completed the removal and has not, therefore, transferred the property to the City. Accordingly, the YMCA has requested that the City agree to extend the deadline by which the YMCA must transfer the property to the City. (The YMCA requested that the deadline be extended to April 30, 2005, but because that date is a Saturday, I have prepared an amendment which extends the deadline to April 29, 2005.) For the reasons stated above, I recommend adoption of the attached ordinance, which authorizes the City Manager to execute an appropriate amendment to the agreement with the YMCA to accomplish the above. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH/SJT:s Attachment cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Steve Buschor, Director of Parks and Recreation Cal Johnson, Executive Director, YMCA of Roanoke Valley, Inc. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Ch~ch Avenue, S.W., Room 456 Roanoke, V~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHAN1E M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 10, 2005 File #110-314-230 S. James Sikkema, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Sikkema: I am enclosing copy of Resolution No. 36989-030705 ratifying certain amendments to the bylaws of Blue Ridge Behavioral Healthcare which are more particularly described in an attachment to the City Attorney's and letter dated March 7, 2005, addressed to the City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005, and is in full force and effect upon its passage. SMM:ew Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosure S. James Sikkema March 10, 2005 Page 2 pc: James E. Taliaferro, III, Assistant City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090 Larry V. Moore, Sr., County Administrator, Craig County, Corner of Court Street and Main Street, New Castle, Virginia 24127 Darlene L. Burcham, City Manager Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36989-030705. A RESOLUTION ratifying the amendments to the bylaws of Blue Ridge Behavioral Healthcare. WHEREAS, the Board of Blue Ridge Behavioral Healthcare has unanimously recommended Amended and Restated Bylaws (the "Amended Bylaws") and has requested the governing body of each political subdivision participating in Blue Ridge Behavioral Healthcare ratify the Amended Bylaws which are more particularly described in the aUachment to the City Attorney's leuer dated March 7, 2005, to this Council; and WHEREAS, the City of Roanoke is a participating political subdivision in Blue Ridge Behavioral Healthcare, and this Council desires to grant the requested ratification. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby ratifies the Amended Bylaws of Blue Ridge Behavioral Healthcare. ATTEST: '~~ City Clerk. K:~RESOLUTIONS~RESOLUTIONS\R-BlueRidgeBehavHealthcare 030705.doc WILLIAM M. HACKWORTH CITY ATTORNEY 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 u s March 7, 2005 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY AT'OR NEy S Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re: Approval of Amendments to Bylaws of Blue Ridge Behavioral Healthcare Dear Mayor Harris and Members of Council: Blue Ridge Behavioral Healthcare is the local Community Services Board ("CSB") formed pursuant to Section 37.1-194, et. seq. of the Code of Virginia (1950), as amended. The cities of Roanoke and Salem and the counties of Roanoke, Botetourt and Craig each comprise and participate in the CSB. Blue Ridge Behavioral Healthcare has amended its bylaws to bring them into conformity with current provisions of the State Code. The State Code requires approval of each of the governing bodies of the political subdivisions that participate in the CSB of bylaw changes. Wilburn C. Dibling, who represents the CSB, has forwarded to this office a draft of the Amended and Restated Bylaws of Blue Ridge Behavioral Healthcare, which I have attached to this letter. My office and the Department of Social Services have reviewed the Amended Bylaws and have no objections. It is my understanding that the other participating political subdivisions have also reviewed the Bylaws and have no objections to the draft attached. The amendments and additions to the bylaws include the following: (1) distinguishing between the board of directors of the CSB that is appointed by the participating localities and the organization that provides services to consumers; (2) clarification of the compositiona! requirements of the CSB; (3) establishment of new procedures for the appointment of CSB Board members; (4) clarification of the extent to which the delegated duties of the CSB require approval of the participating political subdivisions; and (5) incorporation of language that clarifies that the CSB has no authority to bind the participating political subdivisions or extend their credit. K:\LTRS TO COUNCIL - SJT\HMMCC-BRBH 030705.doc The Honorable Mayor and Members Of City Council March 7, 2005 A resolution approving the amended bylaws is attached for your consideration and approval. Should you have any questions, please do not hesitate to contact me. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:s Attachment cc: Darlene L. Burcham, City Manager Jane Conlin, Director of Human Services Mary F. Parker, City Clerk K:~LTRS TO COUNCIL - SJT2-IMMCC-BRBH 030705.doc EY LAWS f~AMENDED AND RESTATED BYLAWS BLUE RIDGE BEHAVIORAL HEALTHCARE (name shanks effective _, 2005 ARTICLE I - INTRODUCTORY STATEMENTS Section 1. Backeround. Blue Ridge Behavioral Healthcare is an Oneratin~, Community Services Board formed pursuant to and eoverned bv the nrovisions of Section 37.1-194 et. sea. of the Code of Virc, inla (the "Code'"}. As described in 37.1- 194.1 of the Code. the term "Community Services Board" denotes both "the board, the members of which are am~ointed" bv the ~overnin~ body of the local nolitical subdivisions which established it. and the "oreanization which provides , . . services, through its own staff or throueh contracts with other providers." For pumoses of clarity, all further references herein to the "Board" shall refer to "the board, the members of which are appointed" bv the eovernlno body of the local political subdivisions which established it. and all further references to "Blue Ridee Behavioral Healthcare" shall refer to the "oreanization which provides . . . services, throueh its own staff or through contracts with other nroviders." Section2. Statement of Authority. Pursuant to the authority eranted bv 37.1- 197(A~(5'} of the Code. these Amended and Restated Bylaws constitute a partial statement of the roles, nolicies, and reeulations concemine the rendition and operation of services and facilities under the direction or supervision of the Board and Blue Ridee Behavioral Healthcare. ARTICLE II - PURPOSE The purpose of the Board and Blue Ridge Behavioral Healthcare is: Section 1. To serve as an oOperating Community Services Board formed pursuant to Section 37.1-194 et. sea. of the Code of Virvinia. providing a system of comprehensive community mental health, mental retardation and substance abuse services for the benefit and under !ssa! ......... he control of the Cities of Roanok~ and Salem and Co~ nties ~' ~otetot rg C~aig~.and~ _~a!~ok~ ("Local Political Subdivisions"). Section 2. To relate and integrate existing and planned programs. Section 3. To assure quality service and continuity of care in the areas of emergency services, case management, prevention, case finding, consultation, diagnosis, treatment, care, training, prescreening, case and rehabilitation by the establishment of new programs under direct administration of tho-Blue RIdge Behavioral Healthcare and the .Board where current programs are nonexistent or inadequate, or by entering into affiliatory 13742/4/1228541.l agreements with agencies already providing services for the enhancement of those services, or for the creation of such services. Section 4. To provide continuing education to the public, ongoing research, training of personnel and evaluation of ongoing programs. ARTICLE III ~ MEMBERSHIP ON THE_BOARD Section 1. Number. The Board shall consist of sixteen (16) members. Section 2. Mariner of Am~ointment. The Councils of the Cities of Roanoke and Salem. and the Board of Sur>ervisors of the Counties of Botetourt and Roanoke. shall each annoint three Members of the Board. while the County of Craie shall anvoint one Member of the Board (the "Local Political Subdivisions Appointees"). The Board ~hall further nominate three versons to serve as Members of the Board ("Board Nominees"), who must be annointed by the five Local Political Subdivisions in the manner vrovided in Section 5.b of this Article ("Board Nominee A~nointees'9 (Local Political Subdivision Apnointees and Board Nominee Annointees are hereinafter collectively referred to as "Apnointees"). Furthermore. if the immediate past Chair of the Board is not reannointed as an An~ointee bv virtue of the fact that he is inelieible to serve another term pursuant to Section 4 of this Article. then he shall serve as an advisor to the Board for an additional one year term and shall be entitled to attend all Board meetines. Section 3. Comoosition of the Board. a. In General. The Local Political Subdivisions shall endeavor to avpoin! Appointees and the Board shall endeavor to nominate Board Nominees which are broadly representative of the Local Political Subdivision communities. Prior to makin~ any anoointment to the Board. the annoinfine authority shall disclose and make available to the nublic the names of those ~ersons beine considered for an~ointmenl b. Persons Snecificallv Included. Notwithstandln~ the eeneralitv of the foreoine, at any one time. one-third of the Board Members shall be identified consumers receivine services ("Consumers") or family members of Consumers ("Family Members of Consumers'9. and at least one Board Member ~hal! be a Consumer. c. Local Political Subdivision Official Renresentation on Board. The Board shall not be comvosed of a majority of local eovermnent officials (whether elected or awointed) (both. "Local Political Subdivision Officials"). nor shall any Local Political 13742/4/1228541.1 Subdivision be renresented bv A~oointees to the Board bv more than two Local Political Subdivision Officials of such Local Political Subdivision. The former reauirement shall hereinafter be referred to as the "Less Than Maioritv Reouirement." while the latter shall be referred to as the "No More Than Two Reauirement." d. Noneovemmental Service Provider Representation on Board. In eeneral, no employee or board member of an oreanization which receives fundine from Blue Ridee Behavioral Healthcare shall be an*ointed a Member of the Board: vrovided however, nothine shall nreclude any member of the Board from servine as an officer or board member, or in any other canacitv for Blue Ridee Behavioral Healthcare. Inc.. The Roanoke Mental Hveiene Service. Incoroorated. or any other similar oreanization oreanized and controlled bv the Board. Blue Ridee Behavioral Healthcare. or its Board Members which exists to suoport Blue Ridee Behavioral Healthcare. Each Bo~d Member shall se~e for a tern of three years, which te~ shall beein on ~e first day of J~u~y of the year of appoin~ent. ' ' The Board Members' te~s shall continue to be staggered in to ~ ....... ns~e that no more ~; ......... ~ .... ~,,~,~,, t~ tho th~ six Bo~d M~mbers' te~s expire in a ~ ..... ~ ........ ~ _.~ .......... veto. No person shall be eligible to se~e as a Bo~d Member for more th~ t~ee successive t~ee-ye~ te~s, provided ~at ....... v ................................ a~erson who i~ appointed to fill vacant!ssa vac~cv on ~e Bo~d may se~e ~ee additional successive te~s..a""...~ ...-.,.~.~h~ of ,h~...~ ~...n~"'~...~,~" ~h~ .~"~"~...~.~ by. ,h~...~ ~w .... ...... ;"*;ng ~ ........ ~ ............... n. after the te~ iQ which the vac~cv was created te~inates. Section 5. Mechanics of Appointment. a. Local Political Subdivision Avpointees. Three months vrior to the natural exviration and immediately upon the unexpected expiration (death. disability, and the like) of the term of a Board Member who is a Local Political Subdivision Avvointee. the Board shall notify the Local Political Subdivision which anvointed him or her of: (ii the date on which such Board Member's term will ex~ire or has expired; (ii) the number of successive terms that the Board Member will be elieible to serve upon the termination of the Member's current term; (iii) the number of Consumers and Family Members of Consumers who will be reauired to be armointed to the Board uoon termination of the Member's current term; 3 13742/4/1228541.1 (iv_~ the number of Local Political Subdivision Officials who will be elig._ible to be Members of the Board pursuant to the Less Than Maioritv Reouirement. and the number of Local Political Subdivision Officials that such Local Political Subdivision will be eligible to appoint pursuant~o the No More Than Two Reauirement. both as of the expiration of the Member's current term_: an_~v such other attributes which the Board Members may be reouired b~ the Code to have: and (vi/ a recommendation bv the Board as to the attributes that such Local Political Subdivision Annointee shall have in order to comnlv with the nrovisions of this Article and the Code. The Local Political Subdivision who nominated such Board Member whose term has exnired or will exnire shall thereafter promptly appoint a nerson who is eligible to serve on the Board pursuant to the provisions of this Article and the Code to fill such vacancy as of the date on which such term has exnired or will expire. b. Board Nominee Anpointees. Three months prior to the natural expiration and immediately upon the unexpected exniration (death. disability, and the like~ of the term of a Board Member who is a Board Nominee Appointee. the Board shall convene to discuss the attributes that a Board Member who replaces such other Board Member will likely need to possess in order to comply with the provisions of the Article and with the Code, considering all of the facts and circumstances. After due consideration, the Board shall, by m~joritv vote. nominate a person to fill such vacancy as of the date on which such term has exnired or will exnire (a "Board Nominee"/. The Board shall submit the name of such Board Nominee to each of the Local Political Subdivisions. If each Local Political Subdivision an~roves such Board Nominee. the Board Nominee shall be deemed apnointed bv all of the Local Political Subdivisions. If any Local Political Subdivision disapproves such Board Nominee. 'the Board shall then convene anain, and after due consideration, nominate a second nerson to fill such vacancy (the "Second Board Nominee"). The Second Board Nominee shall be deemed nominated bv all Local Political Subdivisions upon approval by a majority of the Local Political Subdivisions. If the Local Political Subdivisions do not by majority vote anvrove of the Second Board Nominee. the Board shall continue to nominate nersons until a majority of the Local Political Subdivisions does so anprove. Section 6. Removal. .a, Loca/political Subdivision Apnointees. Any Board Member who is a Local Political Subdivision Avpointee may be removed for cause by the Local Political Subdivision which avpointed him or her after he or she is given a written statement of the causes for his or her removal, and an o~vortunitv to be heard by the Local Political Subdivision which avpointed him or her or. at his or her election, the Board. 13742/4/1228541.1 b. Board Nominee A~nointees. Any Board Member who is a Board Nominee A~t>ointee may be removed for cause by mai.oritv vote of the Local Political Subdivisions after he or she is eiven a written statement of the causes for his or htr removal, and an ont>ortunitv to be heard bv the Local Political Subdivisions or. at his or her election, the Boarc!, ARTICLE IV - POWERS AND DUTIES OF THE BOARD The Board shall have the followine nowers and duties: Section 1. To review and evaluate all existine and ~ro~osed t~ublic community mental health, mental retardation, and substance abuse services and facilities available to serve the communities of the Local Political Subdivisions. and to review and evaluate any nrivate services and facilities which receive funds from Blue Ridee Behavioral Healthcare. and to advise the CiW Councils and Boards of Sunervisors of the Local Political Subdivisions as to its findings. Section 2.. To r~5~i.~x3. ~[ evaluate.pl2Q_erams either operated directly bv Blue Ridee Behavioral Healthcare ~he ~g~g~.~:.g/ mental health, mental retardation ~d subst~ce abuse services ~e bein2 met. ,S~gB_on 3 To annoint an Executive Director of Blue Rid~,e Behavioral Healthcare (the "Executive Director") whose q[ta!ific,~d~ns meet the s~andards fixed by.~he Denamnent and t~rescribe his dttties. Tbe comoensation of such Executive Director shall be fixed bY.' the Board and witl~in the amP~4!3t~ma~.~,,'.aj[~b~_l~..b~ app..[pp~[~_ation therefor. Section 4. To set r)erformance objectives and evaluation criteria for the Executive Director. who will be resvonsible directly to the Board for all aspects of programs directly and.!r~d rect _v...uncl~r ~he PqrX.~¥? 0fthe B!~ Ridge Bebavioral I lealthcare. Section 5. To direct Blue Ridee Behavioral Healthcare to ~c~p~ or reluse ~t~s~ donations, bequests or erants of money or prot~ertv from any source, and to cause Blue Ridee Behavioral Healthcare to utilize the sa~e.~5..~!!9[iz_Ed..~.v._t~h~g Board. it beine the intent of the Local Political Subdivisions to ~resentlv and exvresslv authorize the Board to make all such future decisions on behalf of Blue Ridge Behavioral Healthcare. Section 6. To annlv for and accent loans as authorized bv the governint, bodies of each of the Local Political Subdivisions. Section 7. It beine the intent of the Local Political Subdivisions to nresentlv and ext>resslv authorize the Board to make all such future decisions on behalf of Blue Ridee Behavioral Healthcare (subject to the limitations nrovided for in Article VI hereot), ut>on recommendation of the Budeet and Finance Committee. to cause Blue Ridee Behaviom! Healthcare: 5 13742/4/1228541.1 a. to establish and maintain a line of credit sufficient to maintain the day-to- under its J~[is~[!on_: to guarantee the obligations of The Roanoke Mental Hygiene Service. Incomorated or Blue Rid~,e Behavioral Healthcare. Inc.. both of which are Vir~,inla non-stock comorations controlled bv the Board and which overate to sunnort the mission of Blue Ridge Behavioral Healthcare: and to enter into such other similar arrangements which sunport the objectives and vumoses of Blue Ridge Behavioral Healthcare. Section 8. To cause Blue Ridge Behavioral Healthcare to disburse funds (in any _manner deemed anpro~riate, whether by loan. grant, or otherwise/in furtherance of its purooses or in the exercise of its nowers or duties, it being the intent of the Local Political Subdivisions to presently and exnresslv authorize the Board to make all such future decisions on behalf of Blue Ridge Behavioral Healthcare. Section 9. To take and cause Blue Ridge Behavioral Healthcare to take all necessary and anCro~riate actions to maximize the involvement and varticipation of consumers and family members of consumers in ~olicv formulation and services planning, delivery, and evaluation. Section 10. To generally direct and supervise Blue Ridge Behavioral Healthcare's o~erations and the exercise by it of its powers and duties nrovided for in Article V hereof and by the Code. to the extent determined reasonable bv the Board. or as recommended _by the Local Political Subdivisions. Section 11. To generally take any such actions which are reasonably related to any of the forgoing and which are consistent with Blue Ridge Behavioral Healthcare's purooses identified in Article II hereof. ARTICLE V - POWERS AND DUTIES OF BLUE RIDGE BEHAVIORAL HEALTHCARE The powers and duties of Blue Ridge Behavioral Healthcare are: Section 1. To be the sole recipient of local tax funds to be matched by State and/or Federal funds for the mental health, mental retardation and substance abuse services programs and to have authority for the expenditure of all such local tax funds allocated to it. submit to the governing body 13742/4/1228541.1 aOonog~of each Local Political Subdivision an annual performance contract for community mental health, mental retardation and substance abuse services and gaoilitc~(the "Annual Performance Contract") for annroval by each such Local Political Subdivision nrior to submission of the Annual Performance Contract to the Virdnia Denartment of Mental Health. Mental Retardation and Substance Abuse Services (the "Department"L Section §3. Within amounts appropriated there__fo~r, to execute such programs and maintain such services as may be authorized under such~.~, ....... ye .......... ;.,,~,,~o Mmual Performance Contract. Section i~=. To In accordance with its Annual Performance Contract. to enter into contracts with other~roviders for the rendition or operation of services or facilities. Section g5. To make~rthe~r roles or regulations concerning the rendition or operation of services and facilities under its direction or supervision, subject to these Amended and Restated Bylaws and applicable standards or regulations of the Department-iff-Mental Hoa[thcam 5zard.Secticn 9.6~ To prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of tho ..... Blue Ridee Behavioral Healthcare and for the manner of collection of same; provided, however, that all collected fees shall be included in the pPerformance eContract= submitted to the ~.-.~J~{:~[,~.~.lll 1~ ~ .............. Local Political Subdivisions and provided, further, that such collected fees shall be used only for the provision of community mental health, mental retardation and substance abuse services. ............. r- .............u .................. 3nd of the ........... '~-- :*° :,,.:.,~:,.,i,.,. ~,~,.,i.,,~ !2.7, To ensure that the financial records of Blue Ridge Behavioral Healthcare are audited annually by an independent auditor approved by the Director of Finance of the City govo,mmonlc~,-, and that the auditor's report is submitted to the pd!t!oa! *l I'~li%']O: .... ~' '"~;~'~ !t ~° ~ Local Political Subdivisions and to the Department~__. 7 13742/4/1228541.1 Section 8. To develop ioint annual written aereements, consistent with t3olicies and procedures established bv the Vireinia Mental Health, Mental Retardation, and Substance Abuse Services: Board (the "State Board"]. with local school divisions: health departments: boards of social services: housine aeencies, where they exist: courts: sheriffs: area anencies on aeine: and reeional Department of Rehabilitative Services offices (the "Partici~atine Aeencies"~. The aereements shall s~ecifv what services will be ~rovided to consumers, and Blue Ridee Behavioral Healthcare shall make best efforls to cause each of the Partici~atine Aeencies to develoo and implement the aereements and to review them annuall~ Section 9. To eenerallv take any such actions which are reasonably related to any of the foreoine and which are consistent with Blue Ridee Behavioral Healthcare's tmmoses identified in Article II hereof, or which are otherwise expressly or im~liedly required by the Code. it beine the intent of the Local Political Subdivisions which have adopted these Amended and Restated Bylaws that all nowers not exnresslv reserved herein to the Local Political Subdivisions or to the Board are eranted to Blue Ridee Behavioral Healthcare. ARTICLE VI - POWERS EXPRESSLY NOT GRANTED Neither the Board nor Blue Ridee Behavioral Healthcare shall have the power to bind the current or any future eovernine body of the Local Political Subdivisiolls, or the Local Political Subdivisions themselves, for an~ debt or other obligation of Blue Ride_~e Behavioral Healthcare. Section 1. Officers. Treasurer and Secretary. Section 2. d. Section 3. ARTICLE-V VI~I - OFFICERS The Officers of thug__ Board shall be Chair, Vice-Chair, Chair. The duties of the Chair shall be: To preside at all meetings of the Board and the Executive Committee. To appoint all committees deemed necessary for the operation of the Board as authorized by the Board. To work closely with the Executive Director and staff. To perform any other duties determined by the Board. Vice-Chair. The duties of the Vice-Chair shall be: To perform the duties of the Chair in his/her absence. 13742/4/1228541.1 b. To perform any other duties as assigned by the Board or the Chair. Section 4 Treasurer. The duties of the Treasurer shall be: To perform the duties of the Chair in the absence of the Chair and the Vice-Chair. b. To serve as Chair of the Budget and Finance Committee, c. To perform any other duties as assigned by the Board or the Chair. Section 5. Secretary. The duties of the Secretary shall be: To perform the duties of the Chair in the absence of the Chair, the Vice- Chair, and the Treasurer. To ensure that accurate records of all Meetings of the Board are maintained. c. To perform any other duties as assigned by the Board or the Chair. ARTICLE VI VIII - NOMINATIONSz~ ELECTION, AND TERMS OF OFFICE Section 1. Nominating Committee. A Nominating Committee will be appointed bv the Board in time to make recommendations to the Board with regard to a slate of prospective Board officers at least th!~5'30 days prior to the end of each calendar year. Section 2. Election of Officers. The Board shall elect its officers at the last meeting preceding the new calendar year. A majority of those present and voting shall constitute an election. Section 3. Term of Office. The term of office shall begin on January I and shall be for one year. No officer may serve more than two consecutive terms in the same office. Section 4. Board. Vacancies. Any vacancy occurring in the officers shall be filled by the ARTICLE VI! IX - MEETiNGS OF THE BOARD Section 1. Regular Meetings. Regular meetings shall be held at a time to be determined by the Board. Section 2. Special meetings. Special meetings may be called by the Chair or upon written request of three membemMembers of the Board. 13742/4/1228541.1 Section 3. Quorum. The quorum for all Board meetings shall be six reMembers, including one officer of the Board. Section 4. Executive Committee Meetings. The Executive Committee shall meet at the discretion of the Chair. Section 5. Executive Committee Quorum. The quorum for all Executive Committee meetings shall be a majority of the Committee. ARTICLE ~ - EXECUTIVE COMMITTEE Section 1. Executive Committee Membership. The elected officers of the Board an~d the immediately urecedin~ Chair of the Board shall constitute the Executive Committee~ In addition, if no Local Political Subdivision A~nointee annointed bva given Local Political Subdivision has been elected an officer of w~!z~ the Board (the "Unrepresented Local Political Subdivision"/. then one Local Political Subdivision An~ointee appointed by such Unrepresented Local Political Subdivision shall also serve on the Executive Committee. The Chair and Secretary of the Board shall be, respectively, Chair and Secretary .... ~. .................... j ............................ · ..... vt- ............ a~vma:d~to of the Executive Committee ,,,h ..... ~...~,~.~ ..m ........... , ..... h Section 2. Duties. It shall be the duty of this Gc=_ommittee to conduct the necessary business between meetings of the Board. All actions taken at, shall be subject to ratification at the next regular meeting of the bBoard. Section 3. Annual Evaluation. It shall be the duty of this committee to conduct an annual evaluation of the Executive Director for presentation to the full Board and to act for the Board in contract negotiations with the Executive Director. ARTICLE IX ...XI - BLUE RIDGE BEHAVIORAL HEALTHCARE STANDING COMMITTEES Section 1. Ex-officio Members of Committees. The Chair of the Board'~ and the Executive Director shall be ex- officio members of all Blue Ridee Behavioral Healthcare committees to which they are not specifically appointed. Section 2. Standing Committees. There shall be the following standing committees, whose functions shall be ,-~ .!vv. ·Limited to advisine the Board: a. Budget and Finance. This Committee shall review the budgets, financial affairs and policies, and audit reports of the agency and its subcontractors, and make recommendations to the full Board. In addition, it shall aid in the presentation of budgets at .....~..v~ .... .,~.,..~ .... ~ ~.~o governments and other bodies or nersons. 10 13742/4/122854t.1 b. Community Relations. This Committee shall implement a program of information for the various agencies and governments and the public in conjunction with the Executive Director. c. Community Support Services Committee. This Committee will review community support programs and make recommendations to the Board for the enhancement of these services. In addition, this committee will participate in the Board's planning process for the Community Support Services program area. d. Administrative Services Committee. The function of this Committee is to review and make recommendations to the Board concerning Human Resources and Quality Assurance policies and guidelines. e. Child and Family Services Committee. This Committee will review child and family services programs and make recommendations to the Board for the enhancement of these services. In addition, this Committee will participate in the Board's planning process for the Child and Family Services program area. f. Prevention Assessment and Counseling Services Committee. This Committee will review assessment and counseling programs and make recommendations to the Board for the enhancement of these services. In addition, this Committee will participate in the Board's planning process for the Assessment and Counseling Services program area. ARTICLE X_XII - INDEMNIFICATION Section 1. Indemnification of Officers and Directors. Blue Ridge Behavioral Healthcare shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action or suit by or in the right of Blue Ridge Behavioral Healthcare to procure a judgment in its favor) by reason of the fact that he is or was a director or officer of Blue Ridge Behavioral Healthcare or is or was serving at the request of Blue _Ridge Behavioral Healthcare as a director or officer of a corporation, partnership, joint venture, trust or other enterprise, against judgments, fines, amounts paid in settlement, and expenses (including attorneys' fees) actually and reasonably incurred by him in connection with such action, suit or proceeding except only in relation to any claim, issue or matter as to which such person shall have been finally adjudged to be liable for his gross negligence or willful misconduct. Each such indemnity shall inure to the benefit of the heirs, executors and administrators of such person. Section 2. Qualification for Indemnification. Any indemnity under subsection (1) above shall (unless authorized by a court) be made by Blue Ridge Behavioral Healthcare only as authorized in the specific case, upon a determination that the director or officer was not guilty of gross negligence or willful misconduct in the performance of his duty, and, in case of a settlement, that such settlement was, or if still to be made is, consistent 11 13742/4/1228541.1 with such indemnity, and the best interests of Blue Ridge Behavioral Healthcare. Such determination shall be made (i) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. If the determination is to be made by the Board of Directors, it may rely, as to all questions of law, on the advice of independent counsel. Section 3. Expenses of Defense. Expenses incurred in defending an action suit or proceeding, whether civil, administrative or investigative, may be paid by Blue Ridge Behavioral Healthcare in advance of the final disposition of such action, suit or proceeding as authorized by vote of the persons provided in subsection (2) of this section, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by Blue Ridge Behavioral Healthcare as authorized in this section. Section 4. Nonexclusive Right of Indemnification. The right of indemnification provided by this section shall not be exclusive of any other rights to which any director or officer may be entitled, including any right under policies of insurance that may be purchased and maintained by Blue Ridge Behavioral Healthcare or others, even as to claims, issues or matters in relation to which Blue Ridge Behavioral Healthcare would not have the power to indemnify such director or officer under the provisions of this section. Section 5. Insurance. Blue Ridge Behavioral Healthcare may purchase and maintain~ at its sole expense~ insurance against all liabilities or losses it may sustain in consequence of the indemnification provided for in this section, in such amounts and on such terms and conditions as the Board of Directors may deem reasonable. ARTICLE ~__XIII - CONSUMER INVOLVEMENT It shall be the policy of this Board to encourage, and be receptive to, consumer involvement. Meetings of the Board shall be open to the public. Liaison with lidentified consumer groups will be maintained to facilitate optimum consumer involvement. Periodic reports (such as the Blue Ridge Behavioral Healthcare Annual Report, Newsletter, and evaluation reports) will be available to the public, and copies distributed to appropriate consumer organizations. ARTICLE ~X-gXIV - CONFLICT OF INTEREST Whenever a Board reMember or Committee member has cause to believe that a matter to be voted upon would involve him in a conflict of interest, he shall comply with the provisions of the Virginia Comprehensive Conflict of Interest Acts, Sections 2.1-599, et seq., !950of the Code ''~: 12 13742/4/1228541.1 ARTICLE X!I.!XV Robert's Rules of Order, revised, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these ~ ...... Bylaws. ARTICLE XVI¥ These By !awzBvlaws shall be reviewed annually by the Board and may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing ~m415} days prior to the meeting, subject to the approval of the governing bodies of the Local Political Subdivisions. Adopted at a regular meeting of the Board by unanimous vote. Secretary Ratified by: Botetourt County Roanoke City Craig County Salem Roanoke County of Blue Ridge Behavioral Healthcare Ratification Reviewed as of Healthcare Secretary of Blue Ridee Behavioral 13 13742/4/1228541.1 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 March 10, 2005 File #24-107-169 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36990-030705 amending the title of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS; amending and reordaining §27.1-1, Requirements, and subsections (1)(a), (1)(c) (1)(d), (4), (5) and (6), of§27.1.-2, Proiections over sidewalks, streets, alleys or other public property, deleting subsection (1)(b) and adding subsection (7) and of §27.1-2, Proiections over sidewalks, streets, alleys or other public property, and amending and reordaining §27.1-6, Signs on public property, of Article I, In General, of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS, of the Code of the City of Roanoke (1979), as amended, by identifying additional projections which can be authorized by permit, and providing for authorization by the City Manager. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Darlene L. Burcham, City Manager March 10, 2005 Page 2 pc: The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III,Judge, General District Court The HonorableJacqueline F. Ward Talevi,Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 John P. Varney, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Susan S. Lower, Director, Real Estate Valuation R. Brian Townsend, Director, Planning Building and Development Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36990-030705. AN ORDINANCE amending the title of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS; amending and reordaining §27.1-1, Requirements, and subsections (l)(a), (1)(c) (1)(d), (4), (5) and (6), of §27.1-2, Projections over sidewalks, streets, alleys or other public property, deleting subsection (1)(b) and adding subsection (7) and of §27.1-2, Proiections over sidewalks, streets, alleys or other public property, and amending and reordaining §27.1-6, Signs on public property, of Article I, In General, of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS, of the Code of the City of Roanoke (1979), as amended, by identifying additional projections which can be authorized by permit, providing for authorization by the city manager; and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read as follows: Chapter 27.1. SIMILAR PROJECTIONS OVER CITT RIGHTS- OF-WAY OR PROPERTY. 2. Section 27.1-1, Requirements, of the Code of the City of Roanoke (1979), as amended, is hereby amended by identifying additional projections which can be authorized by a permit, and shall read and provide as follows: 3/03/05 1 Section 27.1 ~ 1. Requirements. (a) No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, o~ thermometer or other appendage to a building, shall be attached to, or erected on or over, a public sidewalk, right-of- way or over public property, and no permit shall be issued for the attachment or erection of the same, except in conformance with the zoning regulations of the city and the provisions of the Virginia Uniform Statewide Building Code of Virginia, as amended. ('b) No such permit shall be issued unless authorized and approved by the city manager. 3. Section 27.1-2, Projections over sidewalks, streets, alleys or other public property, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (1)(a), (l)(b), (1)(d), (4), (5) and (6), and by adding subsection (7) to read and provide as follows: Section 27.1-2. Projections over sidewalks, streets, alleys or other public property. No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, o~ thermometer or other appendage attached to a building shall be attached to, or placed on or project over, any sidewalk, street, alley or other public property, except in conformance with the provisions of the Virginia Uniform Statewide Building Code cf Virginia, as amended, and the following provisions: (1) Signs. (a) No sign projecting over any sidewalk, street, alley or other public property shall project more than forty-eight (48) inches from the property line in the area often (10) to thirty (30) feet above ground level; sixty (60) inches in the area of thirty (30) to forty (40) feet above ground level; and seventy-two (72) inches in the area above forty (40) feet above ground level; provided, however, that small signs, not exceeding two and one-half (2 1/2) square feet of display surface and not extending over thirty (30) inches from the building line, may be erected with not less than ninety (90) inches clearance above the ground. 3/03/05 2 Within the area of the city zoned C-3, Central Business District, all signs projecting over any sidewalk, street, alley or other public property shall be rigidly secured to the building or structure, and swinging signs are prohibited. Within the d,~';,'nto';,'n area of the city zoned C-3, Central Business District, with an overlay zoning of H-l, Historic District, the city manager may issue permits for moveable A- frame or "sandwich board" signs to be placed on city sidewalks in locations approved by the city manager, and for such periods of time as are approved by the city manager, after a certificate of appropriateness for the same has been granted by the architectural review board in compliance with the provisions of section 36.1-327. Such signs shall comply with the city's zoning regulations. Such signs shall not be greater than seven (7) feet in height or two and one-half (2 1/2) feet in width, shall be of durable construction, and when displayed shall be anchored in a manner approved by the city manager. Fees for such signs shall be as prescribed by city council in the cit~/s fee compendium for permanent signs. Signs for which permits are issued pursuant to this section are not subject to the provisions of Article II of this chapter. Such signs shall not project over any portion of a street used by vehicles nor shall they obstruct the sidewalk to less than six (6) feet in width. (4) Liability insurance. Any person owning any sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, o~ thermometer or other appendage to a building, erected in whole or in part on or over any sidewalk, street, alley or public property and for the erection of which a permit is required pursuant to the provisions of the Virginia Uniform Statewide Building Code or this chapter, shall acquire and maintain in effect a commercial general liability insurance policy which serves to insure the city and its officers, employees and agents, against liability resulting from the erection, c,c,n:tr.'.ct~c,n, existence, maintenance, inspection and removal of such sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, e~ thermometer or other appendage to a building. Such policy shall be one (1) issued by an insurance company authorized to do business in this state and shall provide at a minimum in the amount of znz five hundred thousand dollars ($ ! OO,OOO.99) ($500, 000. O0)per occurrence for bodily injury, 3/03/05 3 (5) (6) including death, property damage and personal and advertising oeeu-vr-cme~. A certificate of such insurance shall be filed with and be approved by the building official prior to the issuance of any required permit. Said certificate and policy shall contain a provision binding upon the issuing company agreeing to give the building official at least thirty (30) days prior notice in writing of any cancellation, alteration or termination of such policy or of any intent to do so. In the event that such policy is cancelled, altered or terminated and the policyholder fails to obtain a similar policy, the building official shall refer such noncompliance to the city attorney for appropriate legal action to iensure compliance with this section, including having the sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, o~ thermometer or other appendage to a building in question removed, if necessary. Those persons having paid an annual fee in order to be covered by the blanket public liability insurance policy authorized by the former section 27 3 27.1-2 of this chapter shall comply with the above provisions at the end of the annual period of coverage in effect at the time this chapter is enacted. The city manager may terminate said blanket liability policy at such time as the last of the annual periods of coverage authorized by former section 27 3 27.1-2 of this chapter has expired. Indemnification and hold harmless agreement. Prior to the granting of a permit for the erection of any sign, marquee, awning, canopy,fire escape, cornice, bay window, clock, o~ thermometer or other appendage to a building, on or over any sidewalk, street, alley or public property, the permittee shall execute an agreement that it, its officers, agents, assigns or successors in interest shall indemnify and hold harmless the City of Roanoke and its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the city and for any expense the city may incur in this regard, arising out of the encroachment permitted thereby. Discontinuance of encroachments, r~: ......... i1 The city manager reserves the right under section 15.1., .. 15.2-2010, Code of Virginia (1950), as amended, to cause any encroachment on or over public property by any sign, marquee, awning, canopy,fire escape, cornice, bay window, clock, o~ thermometer or other appendage to be discontinued at any time for good cause and at the expense of the then owner of the encroaching projection. Within the area of the city zoned C-3, Central Business District, with an overlay zoning of H-J, Historic District, all appendages to 3/03/05 4 buildings which are attached to, placed on or project over, any sidewalk, street, alley or other public property, shall be the subject of a certificate of appropriateness issued in compliance with Chapter 36.1 of the Code of the City of Roanoke (1979), as amended. 4. Section 27.1-6, Signs on public property, of the Code of the City of Roanoke (1979), as amended, is hereby amended by providing for authorization by the city manager, and shall read and provide as follows: Sec. 27.1~6. Signs on public property. No directional signs, ornamental standards, floodlights, or supports for decorative lighting, other than those owned and maintained by the city, the state or the United States, shall be allowed on any sidewalk, street, avenue, alley or other public way, unless authorized by ................ j ...... :] the city manager. 5. 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. 3/03/05 5 WILLIAM M. HACKWORTH C[3~ ATTORNEY 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: cityatt y @ ci.roanoke va.us March 7, 2005 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER p. FERGUSON ASSISTANT CITY A?IDRNEYS Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re~ Amendments to Chapter 27.1, Signs, Awning, Marquees, Canopies, Clocks and Thermometers, of City Code Dear Mayor Harris and Members of Council: The City routinely receives applications from merchants desiring to install signs that advertise their businesses. Sometimes these signs encroach into the public right-of- way, which requires that City Council approve them before permits may be issued for the installation of such signs. However, the Code of Virginia does not require localities to have the approval of the local governing body before certain appendages from buildings that encroach into the public right-of-way and other public property, including signs, may be authorized. In an effort to streamline the application process for merchants desiring to install such signs, City staff has proposed amending the City Code to grant the City Manager the administrative authority to approve signs and other appendages from buildings that encroach into the public right-of-way and other public property, in those circumstances in which Council is not required to do so. We have prepared the attached ordinance which amends Chapter 27.1-2 of the City Code to grant the City Manager the authority to approve permits for signs and other appendages from buildings that encroach into the public right-of-way and other public property. The code amendment also provides for certain revisions that include identifying additional appendages from buildings which require a permit, and increasing the amount of liability insurance required for the issuance of such permits. This ordinance is attached for your consideration and adoption. Should you have any questions, please do not hesitate to contact me. K:\LTRS TO COUNCIL - SJTXHMMCC-Encroachments.doc The Honorable Mayor and Members Of City Council March 7, 2005 2 With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:s Attachment Darlene L. Burcham, City Manager R. Brian Townsend, Director, Planning Building and Development Mary F. Parker, City Clerk Philip Schirmer, City Engineer K:\LTRS TO COUNCIL - SJT~-IMMCC-Encroachments.doc JESSE A. HALL Director of Finance email: jesse_hall~ci.roanoke.va.us CITY OF ROANOIO . DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director ema/l: ann_shawve~ici.roanoke.va.u~ March 7, 2005 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: January Financial Report The following narrative provides commentary on the significant trends and budget variances of the first seven months of fiscal year 2005. Revenues Revenues through January FY05 increased 7.76% compared to FY04. The adopted budget anticipates 3.4% growth over the previous year's budget, therefore much of the growth year-to-date is due to timing differences in the collection of revenues. Additionally, nearly 1% of the growth from prior year is the result of changes in accounting for charges to the Schools which are further described in the following narrative. Categories with significant variances from the prior year are discussed as follows. General Property Taxes increased 9.56% in fiscal year 2005 due to an increase of nearly 8% in collections of real estate tax. The first installment of the real estate tax was due October 5'" and the second installment is due April S'~. The tax is budgeted to grow 7.4% as a whole in FY05 when compared to collections of FY04. Delinquent real estate revenues have also grown due to continued collection efforts. Other Local Taxes have risen 3.47% in fiscal year 2005. 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. In both fiscal years 2004 and 2005, the City has received one-time collections of prior year unpaid sales tax based on the results of audit reviews. Adjusted to exclude these non-recurring corrections, year-to-date sales tax has increased .7% as of the most recent receipt of revenue, which includes retail sales activity through December. This growth is lower than it was earlier in this fiscal year. In FY04, we experienced higher-than-average growth of about 8%. While we have sustained the level of sales tax we achieved last year, there has been limited growth since that time as performance of the revenue has reached a plateau. The City's ability to achieve sales tax growth is negatively impacted by regional competition when large retail stores are opening in surrounding communities to serve the more suburban/rural areas which were once served by City stores. The cellular phone utility tax has increased in the current year due to collections of prior year unpaid amounts in the amount of $68,000. The prepared food and beverage tax has increased 5.4% since FY04, while the transient room tax has declined .6%. Honorable Mayor and Members of Council March 7, 2005 Page 2 Permits, Fees and Licenses increased 15.37% since FY04 as a result of an increase in building inspection fees and excavation permits. Building inspection fees increased as a result of several large building permits including those for the Patrick Henry High School and Water Pollution Control Plant projects. Excavation permit fees increased in FY05, and these fees are being charged to the Water Authority whereas they were not charged when Water and Sewer Funds were components of the City. Revenues were generated in FY05 from Security Alarm Registration fees, a fee which was implemented approximately one year ago. Grants-in-Aid Commonwealth increased 13.47%, due to increased revenues for social services and other state-funded programs. Total revenues from the Commonwealth in FY05 are estimated at approximately 2% above the FY04 level. In FY05, CSA (Comprehensive Services Act) revenues have increased, correlating with expenditure increases related to the program. Funding of our Sheriff's office from the Compensation Board increased in the current year as compared to last year. This occurred because payment was not made by the Commonwealth in January 2004. This issue was corrected in February 2004 when two payments were received from the State. E911 Wireless funding has increased on a year- to-date basis, yet it is expected to remain close to the FY04 level for the year as a whole. Street maintenance funding has increased 3%, as expected based on the State allocation. HB599 revenues are up approximately 9% which is consistent with expected growth in this revenue, also in accordance with the State allocation. Grants-in-Aid Federal decreased significantly compared to FY04 when reimbursements were received from FEMA related to flooding in February 2003. Miscellaneous Revenue increased 30.99% in the current year due to an increase in revenues from sale of surplus alley property, donations and other nonrecurring revenues. Internal Services increased 18.18% due to a change in accounting between FY04 and FY05 for School Comprehensive Services Act (CSA) and School Resource Officer billings. In prior 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. 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 increased .43%. There has been one fewer payroll on a year to date basis in fiscal year 2005 as compared to fiscal year 2004. This causes most departments' expenditures to decline 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 6.26% 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 11.10% despite the reduction in payroll costs on a year to date basis because CSA (Comprehensive Services Act) expenditures have risen. The CSA program has been a continually rising cost of the City due to the increasing number of children being served and some of the costly facilities at which services are provided. Other Social Services expenditures also Honorable Mayor and Members of Council March 7, 2005 Page 3 increased from FY04 to FY05, mainly as a result of increased expenditures for foster care, special needs adoption and daycare services. Parks, Recreation and Cultural expenditures declined 6.90% mainly as the result of the difference in payrolls mentioned above. Community Development expenditures decreased 8.29%. 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). Expenditures of Planning and Code Enforcement declined in FY05 due to the aforementioned decline in the number of payrolls and due to a reduction in billings for technology services. These billings declined due to the removal of several computer work stations in the department. The Transfer to School Fund increased as budgeted and is also impacted by the aforementioned change in accounting from FY04 to FY05 related to 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 23.54% 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. Conversely, transfers to the Capital Projects and Department of Technology Funds increased as a result of increased funding of capital projects. Sincerely, Jesse A. Hall Director of Finance JAH:ca Attachments Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Fodeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - January 31 July I - January 31 Percentage Revenue Estimate 2003-2004 2O04-2005 of Change Estimates Received 28,868,930 $ 31,629,215 9.56 % $ 87,49%000 36.15% 24,220,394 25,061,470 3,47 % 62,631,000 40.01% 600,806 693,145 15.37 % 1,112,000 62.33% 769,474 812,500 5.59 % 1,321,000 61.51% 381,908 363,122 -4.92 % 735,000 49.40% 20,594,741 23,367,961 13.47 % 47,920,839 48.76% 113,552 19,385 -82.93 % 34,000 57.01% 5,342,281 5,034,187 -5.77 % 8,115,003 62.04% 202,046 264,666 30.99 % 384,484 68.84% 1,332,848 1,575,212 18.18 % 2,730,000 57.70% $ 821426r980 $ 881820r862 7.76% $ 212~474r32~3 41.80'/o STATEMENT OF EXPENDITURES AND ENCUMBRANCES July I - January 31 Expenditures 2003-2004 Year to Date for the Period Current Fiscal Year Percent of July I - January 31 Percentage Unencumbered Revised Budget 2004-2005 of Change Balance Appropriations Obligated General Government $ 6,939,157 Judicial Administration 3,606,398 Public Safety 31,182,232 Public Works 14,100,822 Health and Welfare 16,513,371 Parks, Recreation and Cultural 5,373,667 Community Development 3,778,307 Transfer to Debt Service Fund 13,248,243 Transfer to School Fund 28,518,843 Transfer to School Capital Projects Fund 1,025,630 Nondepartmental 8,239,419 6,504,639 -6.26 % $ 5,210,921 $ 11,715,560 55.52% 3,644,461 1.06 % 3,274,498 6,918,959 52.67% 31,438,554 0.82 % 20,997,959 52,436,513 59.96% 14,236,359 0.96 % 8,226,289 22,462,648 63.38% 18,346,288 11.10 % 11,173,574 29,519,862 62.15% 5,003,070 4.90 % 3,680,763 8,683,833 57.61% 3,464,899 -8.29 % 2,327,680 5,792,579 59.82% 13,455,087 1.56 % 2,055,583 15,510,670 86.75% 30,704,584 7.66 % 21,620,802 52,325,386 58.68% -100.00 % 0.00% 6,299,846 -23.54 % 4,477,291 10,777,137 58.46% Total $ 132 526 089 133r0971787 0.43 % $ 83045 360 $ 216r143~147 61.58% CITY OF ROANOKE, VIRGINIA CiViC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE SEVEN MONTHS ENDING JANUARY 31, 2005 Operating Revenues Rentals Event Expenses Display Advedising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Flood Damage Reimbursements Virginia Municipal League Arena Ventures Contractual Penalties Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer from Capital Projects Fund Transfer to Debt Service Fund Interest and Fiscal Charges Miscellaneous Total Nonoperating Revenues Net Loss FY2005 $ 358,108 115,327 104,625 272,149 13,025 46,807 161,601 63,362 47,938 429,984 15,544 1,628,470 1,137,172 1,189,115 273,868 2,600,155 (971,685) 21,476 122,970 499,483 102,277 (48,409) (55,741) 4,992 647,048 $ (324,637) FY 2004 $ 380,934 109,715 44,852 169,623 5,580 29,993 175,058 35,397 33,398 508,946 8,398 1,501,894 1,137,366 1,124,046 311,190 2,572,602 (1,070,708) 10,318 23,453 11,865 117,505 477,565 113,728 260,000 (43,784) (57,114) 1,753 915,289 $ (155,419) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE SEVEN MONTHS ENDING JANUARY 31, 2005 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 (see note) Transfer from Department of Technology Fund Interest and Fiscal Charges Net Nonoperating Revenues (Expenses) Net Income FY 2005 FY 2004 $ 224,034 $ 244,471 307,061 294,495 32,305 23,490 37,871 32,700 130,280 133,777 363,778 328,940 235,994 251,414 51,220 43,442 61,145 54,525 96,102 81,092 1,539,790 1,488,346 563,981 639,557 337,464 325,655 901,445 965,212 638,345 523,134 18,503 10,768 2,845,800 78,000 (188,134) (218,277) (169,631) 2,716,291 $ 468,714 $ 3,239,425 Note: The Transfer from General Fund for FY 2004 was to redeem the Century Station Garage lease. 3 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JANUARY 31, 2005 TO THE DIRECTOR 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 JANUARY 31,2005. BALANCE AT BALANCE AT BALANCE AT FUND DEC 31, 2004 RECEIPTS DISBURSEMENTS JAN 31, 2005 JAN 31, 2004 GENERAL WATER WATER POLLUTION CONTROL CIVIC FACILITIES PARKING CAPITAL PROJECTS MARKET BUILDING OPERATIONS CONFERENCE CENTER DEBT SERVICE DEPT OF TECHNOLOGY FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE FDETC GRANT ($10,957,152.75) $12,102,227.04 $20,841,492.74 ($19,696,418.45) ($19,977,131.20) 420.00 0.00 0.00 420.00 3,961,280.72 1,738.22 0.00 0.00 1,738.22 26,337,137.13 8,472,918.35 562,845.00 703,075.76 8,332,687.59 1,571,196.40 3,121,644.76 223,288.08 115,332.55 3,229,609.29 661,673.81 59,483,288.30 1,770,827.78 499,538.30 60,754,577.78 49,634,945.31 (69,328.21) 19,923.59 28,444.84 (77,849.46) 188,563.37 3,995,016.70 3,124.23 12,693.74 3,985,447.19 4,080,569.32 16,053,735.90 2,037,038.65 3,173,534.38 141917,240.17 11,584,902.30 3,229,912.95 400,704.64 302,119.96 3,328,497.63 4,416,340.50 (471,521.94) 1,045,349.63 150,422.51 423,405.18 786,112.05 (18,712,095.42) 19,489,208.04 13,489,963.83 (12,712,851.21) (12,509,259.35) 11,851,208.03 450,395.48 901,408.90 11,40~,194.61 12,185,822.34 671,119.96 1,913,302.30 1,962,428.64 621,993.62 997,711.92 3,396,621.88 5,142,998.28 9,613,888.52 (1,874,268.36) 7,177,204.62 24,667,212.30 0.00 1,000,857.81 23,666,354.49 7,372,591.66 (213,414.03) 417,753.38 108,191.41 96,147.94 421,939.41 0.00 0.00 0.00 0.00 112,701.37 844,459.30 635,737.10 531,538.41 948,657.99 1,115,935.44 TOTAL $105,365,784.30 $46,214,723.22 $53,434,932.30 $98,145,575.22 $100,120,237.12 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 JANUARY 31, 2005. THAT SAID FOREGOING: CASH CASH IN HAND ACH DEBITS IN TRANSIT CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $8,025.32 ($807,835.46) 587,578.79 5,000,000.00 2,722,987.36 4,749,190.14 10,578,446.09 11,498,707.50 24,415,600.94 39,392~874.54 $98,145,575.22 FEBRUARY25,2005 (/EVELYN W?POWERS, TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE SEVEN MONTHS ENDED JANUARY 31, 2005 Additions: FY 2006 FY 2004 Employer Contributions $ 3,652,892 $ 2,915,646 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) 15,723,679 11964,091 17,687,770 176,294 17,511,476 $ 21,164,368 32,612,536 1,349,715 33,962,251 152,663 33,809,588 $ 36,725,234 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 11,722,166 291,392 12,013,558 $ 10,452,631 265,306 10,717,937 Net Increase (Decrease) 9,150,810 26,007,297 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance January 31 306,925,352 $316,076,162 283,983,057 $309,990,354 5 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JANUARY 3t, 2005 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2005 $ 618,974 317,150,437 1,431 6,531 $ 3'17,777,373 FY 2004 $ 969,890 310,545,829 1,431 6,150 $ 3'11,523,300 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,696,755 4,456 1,701,211 306,925,352 9,150,810 316,076,162 $ 317,777,373 $ 1,532,528 418 1,532,946 283,983,057 26,007,297 309,990,354 $ 311,523,300 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ¥~rginJa 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 10, 2005 File #15-110-207 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Stuart H. Revercomb 2408 Stanley Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Revercomb: I am enclosing copy of Resolution No. 36991-030705 appointing you as a Director of the Industrial Development Authority of the City of Roanoke, to fill the unexpired term of William L. Bova, resigned, ending October 20, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 7, 2005. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the industrial Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office. Pursuant to Section 2.2-3702, Code of Virginia(1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Stuart H. Revercomb March 10, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Dennis R. Cronk, Chair, Industrial Development Authority of the City of Roanoke, 3310 Kingsbur¥ Circle, S. W., Roanoke, Virginia 24014 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of March, 2005, STUART H. REVERCOMB was appointed as a Director of the Industrial Development Authority, to fill the unexpired term of William L. Bova, resigned, ending October 20, 2005. Given under my hand and the Seal of the City of Roanoke this tenth day of March, 2005. Deputy City Clerk or.r., or o_?vor Offl¢~ of th~ fht¥ Clerk Mary F. Parker, CMC City Clerk March 16, 2005 File #60 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 copy of a communication from Posey Oyler, President, Salem- Roanoke Baseball Hall of Fame, requesting that the City of Roanoke consider funding for the Hall of Fame building. On motion, duty seconded and unanimously adopted 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 Darlene L. Burcham March 16, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Feb 2? OS 08:19p Bev Fitzpatrick 5403421333 p.1 Miscellaneous: City C~ouncil/City Manager 02/21/05 ROANOKE, VIRGINIA 14018 TELEPHONE: (540) 774-4768 21181o5 Board of Director~ and Officers Pose¥ Oyler President Bob T~idcbaura Vice President Brian Hoffman Marion Powcll John Saunders John O. Rocovich, Jr, Sam Lazzaro Ron Hodges Kelvin Bowles Edward Via Chatlie Hammersley Mr. Beverly Fitzpatrick Jr. I0 27th Street Roanoke, Virginia 24014 Bev: We are in the process of building the Hall of Fame building next to the Avalanche field in Salem. The total cost is going to run $ 350,000.00 plus some work to do inside to make it e first class building. The building will house plaques, memorabilia and other items. Salem has furnished the lot and have to date donated $125,000.00 and we have raised about $ 135,000.00. RoanOke County has given an amount each year for a total of $19,000.00. Roanoke City has made a donation of $10,000.00 a few years back and we are most appreciative to you. Everyone who has contributed will be honored in the new building with a plaque or in a book. We are requesting that Roanoke City consider helping us with another donation in an amount that you deem appropiate and you will be on the wall of fame that is proposed for the "Hall". Our Hall of Fame is a non profit corporation and no one receives any compensation for serving on the board. We appreciate your consideration and look forward to hearing from you. If you need further assistance please let us know. Posey Oyler, president MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Ytrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 10, 2005 File #15-110-318 Ms. Gall Burruss 2519 Creston Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Burruss: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 7, 2005, you were reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Gall Burruss March 10, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Human Services Advisory Board. Sincerely, Ma~y F. Parker, CMC City Clerk MFP:ew Enclosures pc: Teresa I, McDaniel, Secretary, Human Services Advisory Board COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of March, 2005, GAlL BURRUSS was reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Given under my hand and the Seal of the City of Roanoke this tenth day of March, 2005. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-malE clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 10, 2005 File #110-318 Mr. Clarence Hall 542 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hall: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 7, 2005, you were reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Clarence Hall March 10, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Human Services Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of March, 2005, CLARENCE HALL was reappointed as a member of the Human Services Advisory Board, for a term ending November 30, 2008. Given under my hand and the Seal of the City of Roanoke this tenth day of March, 2005. 'City Clerk