HomeMy WebLinkAboutCouncil Actions 04-04-05 L~
$ 700 ! -040405
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 4, 2005
9:00 A.M.
ROOM 159
AGENDA
Call to Order--Roll Call.
A communication from Mayor C. Nelson Harris, requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council; and to
interview one applicant for appointment to the Roanoke Regional Airport
Commission, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
Approved (4-0 -- Council Members Dowe, Fitzpatrick and Lea
were not present when the vote was recorded.)
File #9-110-132
A communication from the City Manager requesting that Council convene in
aCIosed Meeting to discuss acquisition of real property for public purposes,
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 (4-0 -- Council Members Dowe, Fitzpatrick and Lea
were not present when the vote was recorded.)
File #132
Items listed on the 2:00 p.m. Council docket requiring discussion/
clarification, and additions/deletions to the 2:00 p.m. agenda. (15 minutes)
Topics for discussion by the Mayor and Members of Council. (15 minutes)
Items for discussion at the joint meeting of Council and the School Board on
Monday, May 2, 2005. (15 minutes)
BRIEFINGS:
· Employee Survey Results - 20 minutes
· Solid Waste Collection Downtown 10 minutes
· Neighborhood Revitalization Strategy
Area Plan 15 minutes
· Vice/Organized Crime Unit 15 minutes
· Public Arts Plan 15 minutes
Certification of Closed Session (7-0)
Reappointed J. Granger Macfarlane as a member of the Roanoke Regional
Airport Commission for a term ending March 9, 2009.
File #9-15-110
The City Attorney was requested to prepare the proper measure appointing
John B. Williamson, III, to fill the unexpired term of George W. Logan as a
Director of the Western Virginia Water Authority, effective at the close of
the May 19, 2005, meeting of the Water Authority, and ending March 1,
2008.
File #468
The following persons were nominated to Virginia Municipal League Policy
Committees:
Environmental Quality - Council Member M. Rupert Cutler
General Laws - William M. Hackworth, City Attorney
Human Development and Education - Council Member Alfred T. Dowe, Jr.
Transportation - Vice-Mayor Beverly T. Fitzpatrick, Jr.
Finance - Jesse A. Hall, Director of Finance
File #1 7-1 1 0
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 4, 2005
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call. (All Council Members were
present.)
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.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
April 7, 2005, at 7:00 p.m., and Saturday, April 9, 2005, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
3
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 SOF'FWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLO'I-FED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-FED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-I-EE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOW Fr GEMENTS:
A Resolution expressing appreciation to Senator John S. Edwards, Delegate
Onzlee Ware and Delegate William H. Fralin, Jr., for their leadership and
support during the 2005 session of the General Assembly.
Adopted Resolution No. 37001-040405. (7-0)
File #80-137
4
A Resolution memorializing the late Emma Ruth Brooks, mother of Assistant
City Manager Rolanda Russell.
Adopted Resolution No. 37002-040405. (7-0)
File #80-367
A Resolution memorializing the late Roy Nelson Stroop, former President of
the Wildwood Civic League.
Adopted Resolution No. 37004-040405. (7-0)
File #80-367
A Resolution congratulating the Roanoke Catholic High School boy's
basketball team for winning the Fifth Virginia Independent Schools Division
II State title game.
Adopted Resolution No. 37005-040405. (7-0)
File #80-467
Presentation of the United States Flag in memory of the late James N.
Kincanon, former City Attorney.
File #80-367
Proclamation declaring the month of April 2005 as Fair Housing Month.
File #3-178
Proclamation declaring the week of April 10 - 16, 2005 as National Public
Safety Telecommunicator's Week.
File #3-262
Proclamation declaring the month of April 2005 as Roanoke Valley Crime
Line Month.
File #3-5
CONSENT AGENDA
Approved (7-0)
ALL MATI'ERS 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
C-2
C-3
Minutes of the regular meetings of Council held on Monday,
February 7, 2005, recessed until Friday, February 18, 2005; and the regular
meeting held on Tuesday, February 22, 2005.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, April 18, 2005, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a request of The Scott
Robertson Memorial Fund for tax exempt status of certain property located
at the easternmost 250 feet of Densmore Road, N. W.
RECOMMENDED ACTION: Concur in the request.
File #79
Qualification of the following:
Robert C. Jones and Sharon L. Stinnette as members of the
Parks and Recreation Advisory Board, for terms ending
March 31, 2008;
Stuart H. Revercomb as a Director of the Industrial
Development Authority, to fill the unexpired term of William L.
Bova, resigned, ending October 20, 2005; and
Stephen S. Willis as a member of the Personnel and
Employment Practices Commission, for a term ending June 30,
2007.
RECOMMENDED ACTION: Received and filed.
File #15-67-110-202-207
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
A request of the Roanoke Regional Airport Commission to present the
proposed 2005-2006 Operating Budget and Proposed Capital
Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson.
(Sponsored by the City Manager.)
Adopted Resolution No. 37003-040405. (7-0)
File #9-60
6
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFING:
Status Report - Affirmative Action and Diversity
Initiatives for Calendar Year 2004
File #1 84-411
15 minutes
ITEMS RECOMMENDED FOR ACTION:
Acceptance of the Juvenile Accountability Block Grant from the
Department of Criminal Justice Services, in the amount of
$40,581.00; and appropriation of funds.
Adopted Budget Ordinance No. 37006-040405 and
Resolution No. 37007-040405. (7-0)
File #60-236-304-305
Acceptance of insurance advances and proceeds received in
connection with flood related damages to City property, in the
amount of $188,191.00; and appropriation of funds.
Adopted Budget Ordinance No. 37008-040405. (7-0)
File #60-166-237
Authorization to submit required forms through which streets
are added to or deleted from the City's street system to
determine State maintenance payment eligibility.
Adopted Resolution No. 37009-040405. (7-0)
File #77-514
Authorization to acquire the necessary property rights in
connection with the Southern Hills Drive - Street and Drainage
Improvements Project.
Adopted Ordinance No. 37010-040405. (7-0)
File #27
Execution of an Amendment to the Lease Agreement with
Crown Roanoke, LLC, in connection with office space located at
111 Franklin Road, S. W., Suite 200, for a period of five years,
commencing June 1,2005·
The ordinance was tabled.
File #373-450
Transfer of $489,740.00 in connection with the Fire/EMS
Facility Improvement Program·
Adopted Budget Ordinance No. 37011-040405. (7-0)
File #60-70
Authorization to grant a temporary construction easement
across City-owned property to the Higher Education Authority.
Adopted Ordinance No. 37012-040405. (6-0 -
Council Member Wishneff abstained from voting due
to a conflict in interest.)
File #28-166-414
b. CITY ATTORNEY:
Authorization for waiver of the City's sovereign immunity in
connection with the use of Valley View Mall on Saturday,
April 16, 2005, for the Fair Housing Fair.
Adopted Ordinance No. 37013-040405. (7-0)
File #1 78-455
William H. Lindsey and David B. Carson were interviewed for
vacancies on the Roanoke City School Board.
File #467
c. DIRECTOR OF FINANCE:
Financial report for the month of February 2005.
Received and filed.
File #10
7. REPORTS OF COMMI'I-I'EES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Dowe congratulated the Delta Sigma Theta
Sorority on the successful Jabberwock production that was
held on Saturday, April 2, 2005, at The Jefferson Center.
File #80-132
Council Member Cutler advised that the Virginia
Department of Transportation has tentatively allocated
$85,000.00 toward restoration of the fire damaged
Virginian Passenger Railway Station, which amount is in
addition to $250,000.00 in Federal funds that
Congressman Bob Goodlatte was instrumental in acquiring
for the project.
File #77-132
Council Member Cutler advised that the greenway program
has been awarded $294,000.00 from TEA-2] funds from
the Virginia Department of Transportation to continue
funding for regional greenway trails.
File #77-132-379
Council Member McDaniel inquired if there are penalties in
connection with placing debris in front of property in the
City of Roanoke for periods longer than 24 hours prior to
collection.
File #132-144
Council Member Wishneff clarified portions of a report
submitted by the consultant with regard to Victory
Stadium; i.e.: brick/masonry, foundation, seats (concrete),
and subsurface settling.
File #122-132
b. Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-rERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
The following persons addressed Council with regard to
management of the City Market Building:
Easter P. Moses, 120 Church Avenue, S. W.
Kevin Corvo, 1952 Grandin Road, S. W.
David Estrada, 328 Griffin Lane, Floyd, Virginia
Georgia Crump, 1012 Stevens Road, Troutville, Virginia
Robert Craig, 701 12th Street, S. W.
Anita Wilson, 32 Market Square
Louis Wilson, 32 Market Square
File #42-66
Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia, spoke in support
of the renovation and promotion of Victory Stadium.
File #122
Suzanne Osborne, 1 702 Blair Road, S. W., spoke with regard to
backflow testing of private irrigation systems in the City of
Roanoke. She requested that approximately 71 homeowners be
grandfathered and that the City readdress the issue.
File #468
l0
12. CITY MANAGER COMMENTS:
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED
ON TUESDAY, APRIL 12, 2005, AT 12:00 P.M., AT THE BRAMBLETON
CENTER, 3738 BRAMBLETON AVENUE, S. W., ROOM NO. 1, FOR A
JOINT MEETING OF THE ROANOKE CITY COUNCIL AND THE ROANOKE
COUNTY BOARD OF SUPERVISORS AND THEIR RESPECTIVE LIBRARY
BOARDS.
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: (5401 853-1145
April 4, 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, and to interview one applicant for
appointment to the Roanoke Regional Airport Commission, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 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,
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 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
April 4, 2005
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
SubJect: Employee Survey Results
This is to request space on Council's agenda for a 1 5 minute presentation on
the above referenced subject.
City Manager
DLB:sm
C:
City Clerk
City Attorney
Director of Finance
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
April 4, 2005
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
SubJect:
Solid Waste Collection
Downtown
This is to request space on Council's agenda for a 10 minute presentation on
the above referenced subject.
Respectfully submitted,
Darlene L. ~
City Manager
DLB:sm
C:
City Clerk
City Attorney
Director of Finance
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
April 4, 2005
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
Subject:
Neighborhood Revitalization
Strategy Area Plan
This is to request space on Council's agenda for a 15 minute presentation on
the above referenced subject.
Respectfully submitted,
DLB:sm
C:
City Clerk
City Attorney
Director of Finance
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) 8534138
CityWeb: www.roanokegov.com
April 4, 2005
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
SubJect: Vice/Organized Crime Unit
This is to request space on Council's agenda for a 15 minute presentation on
the above referenced subject.
Respectfully submitted,
City Manager
DLB:sm
C:
City Clerk
City Attorney
Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 2005
Honorable C. Nelson Harris, Mayor and Members
of City Council
Roanoke, VA
Dear Mayor Harris and Members of Council:
Subject: Art Plan
This is to request space on Council's agenda for a 1 5 minute presentation on
the above referenced subject.
Respectfully submitted,
DLB:sm
C:
City Clerk
City Attorney
Director of Finance
MARY g. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Wrginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 13, 2005
File #9-15-110
Mr. J. Granger Macfarlane
2402 Woodcliff Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Macfarlane:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, April 4, 2005, you were reappointed as a member of the Roanoke
Regional Airport Commission, for a term ending March 9, 2009.
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 appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each appointee is required "to read and become familiar with provisions of the
Act."
Mr. J. Granger Macfarlane
April :[3, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue to serve the City of Roanoke as a
member of the Roanoke Regional Airport Commission.
Sincerely,
t ' CMC
Deputy City Clerk
SMM:ew
Enclosures
pc:
Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission
Stephanie M. Moon, CMC, Deputy City Clerk
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 fourth day of April, 2005,
J. GRANGER MACFARLANE was appointed as a member of the Roanoke Regional
Airport Commission, for a term ending March 9, 2009.
Given under my hand and the Seal of the City of Roanoke this thirteenth
day of April, 2005.
Deputy City Clerk
Oath or Affirmation of Office'
Commonwealth of Virginia, City of Roanoke, to-wit:
I, J. Granger Macfarlane, do solemnly swear (or affirm) that I will support
the Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Roanoke
Regional Airport Commission, for a term ending March 9, 2009, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this __ day of
2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
, DEPUTY CLERK
L:\CLERK~DATA\CKEW1 ~oath and leaving service~Airport Cornmission~ Granger Macfarlane oath,doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'~ginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 6, 2005
File #80-137
The Honorable Onzlee Ware, Member
House of Delegates
P. O. Box 1745
Roanoke, Virginia 24008
Dear Delegate Ware:
I am enclosing copy of Resolution No. 37001-040405 expressing appreciation by
the Mayor and Members of Council foryour leadership and support during the 200S
General Assembly Session.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, 'CMC~
Deputy City Clerk
SMM:ew
Enclosure
K:~AGENDA CORRESPONDENCE~,genda correspondence 05~Apr 05~Apr 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of april, 2005.
No. 37001-040405.
A RESOLUTION expressing appreciation to The Honorable John $. Edwards,
Member, Senate of Virginia, the Honorable Onzlee Ware, and the Honorable
William H. Fralin, Jr., Members, House of Delegates, for their leadership and
support during the 2005 General Assembly Session.
WHEREAS, Senator Edwards and Delegates Fralin and Ware assisted this
City during the 2005 Session by displaying commitment to all of the City's
interests;
WHEREAS, Senator Edwards and Delegates Fralin and Ware strongly
encouraged the budget conferees to support the City's request to include funds for
the Roanoke City Health Department; and
WHEREAS, the efforts and support of Senator Edwards and Delegates Fralin
and Ware resulted in several of the area cultural agencies receiving funding,
including, but not limited to, the Art Museum of Western Virginia ($2,250,000),
Blue Ridge Zoological Society of Virginia ($87,500), Center in the Square
($200,000), History Museum and Historical Society of Western Virginia ($37,500),
Roanoke Symphony ($5,000), and the Virginia Museum of Transportation
($225,000).
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 Council adopts this means of recognizing and commending the
services rendered to the City of Roanoke and its people by Senator John S.
Edwards and Delegates William H. Fralin Jr., and Onzlee Ware.
2. The City Clerk is directed to forward an attested copy of this resolution to Senator
Edwards and Delegates Fralin and Ware.
ATTEST:
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'trginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 11, 2005
File #80-367
Ms. Edna Brooks
7343 Tennesse Drive, Bldg 9-111
Clarendon Hills, Illinois 60514
Dear Ms. Brooks:
I am enclosing copy of Resolution No. 37002-040405 memorializing your mother,
Emma Ruth Brooks. 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, April 4, 2005.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Enclosure
K:~AGENDA CORRESPONDENCE'tagenda correspondence 05Vkpr 05~Apr 4 2005 correspondence.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xr~rginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 11, 2005
File #80-367
Ms. Betty Ann Brooks
Mr. Andre Brooks
738 W. Leafland
Decatur, Illinois 62522
Dear Ms. Brooks and Mr. Brooks:
I am enclosing copy of Resolution No. 37002-040405 memorializing your mother,
Emma Ruth Brooks. 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, April 4, 2005.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosure
KSAGENDA CORRESPONDENCE~agenda correspondence 05La, Pr 05V~pr 4 2005 correspondence.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21 $ Church Avenue, S.W., Room 456
Roanoke, ~rn~inia 24011~1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 11, 2005
File #80-367
Ms. Shirley Davis
Mr. Louis Clark Davis
Ms. Jean Tyson
2245 Oaklawn Drive
Decatur, Illinois 62526
Dear Mr. Davis and Ladies:
I am enclosing copy of Resolution No. 37002-040405 memorializing your mother,
Emma Ruth Brooks. 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, April 4, 2005.
Sincerely,
Deputy City Clerk
SMM:ew
Enclosure
K:LAGENDA CORRESPONDENCE~agenda correspondence 05~Apr 05~Apr 4 2005 correspondence.doc
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-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 11, 2005
File #80-367
Ms. Jacqueline Brooks
16050 S. 84th Avenue
Tinley Park, Illinois 60477
Dear Ms. Brooks:
I am enclosing copy of Resolution No. 37002-040405 memorializing your mother,
Emma Ruth Brooks. 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, April 4, 2005.
Sincerely,
Deputy City Clerk
SMM:ew
Enclosure
K:~AGENDA CORRESPONDENCE~aoenda correspondence 05LApr 05Vkpr 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37002-040405.
A RESOLUTION memorializing the late Emma Ruth Brooks, mother of Assistant City
Manager Rolanda Russell.
WHEREAS, the members of Council learned with sorrow of the passing of Ms. Brooks
on Sunday, March 20, 2005;
WHEREAS, Ms. Brooks was the daughter of John and Edna Wynne Nesbitt, and was
born in Dyersburg, Tennessee on May 2, 1923;
WHEREAS, during her youth, Ms. Brooks was proud of winning a beauty contest while
living in Tennessee;
WHEREAS, Ms. Brooks married Logan Brooks in St. Louis, Missouri in 1947; and for
most of her life, Ms. Brooks was a stay-at-home mother;
WHEREAS, Ms. Brooks was a member of New Salem Missionary Baptist Church, where
she sting in the choir, served as past secretary and was a member of the missionaxy society;
WHEREAS, Ms. Brooks was a loving mother whose wishes were that her children
cherish their fond memories of her.
THEREFORE, BE 1T 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 Emma Ruth Brooks, and extends to her family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Ms.
Brooks' children: Rolanda Russell, of Roanoke, Virginia; Shirley Davis, Louis Clark Davis, Jean
Tyson, Betty Ann Brooks, and Andre Brooks of Decatur, Illinois; and Edna Brooks and
Jacqueline Brooks of Chicago, Illinois.
K:WIEASURESXr-memorializingrolandasmoth=lemma.doc
,~ City Clerk.
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) §53-2444
FAX: (540)853-1145
March 30,2005
Mrs. Roland Russell
215 Chumh Avenue, S. W.
Roanoke, Virginia 24011
Dear Mrs. Russell:
On behalf of the members of Roanoke City Council, I want to extend to
you and your family our deepest sympathies on the recent passing of your
mother, Emma Ruth Books. Please know that you have been in the thoughts
and prayers of many in our City during this time.
As a way to formally recognize Mrs. Brooks, the City Council will be
adopting a memorial resolution at our upcoming meeting on April 4, 2005, at
2:00 p.m. When Council plans to take such action, we do like to notify the family
should they wish to be present. If this would be your desire, I would ask that you
call the City Clerk's Office at 853-2541 as this will prepare me to acknowledge
your presence and to personally present to you the memorial resolution at the
Council meeting. Knowing that these remain difficult days, we will certainly
understand if you cannot be in attendance, and we will forward a copy of the
resolution to you.
Again, please know that our thoughts go with you. If my office can be of
assistance to you in any way, do not hesitate to call upon us. With best personal
regards, I am
Respecflully,
C. Nelson Harris, Mayor
CNH:snh
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37004-040405.
A RESOLUTION memorializing the late Roy Nelson Stroop of Roanoke.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Sh'oop on
Friday, March 11, 2005;
WHEREAS, Mr. Stroop served his country honorably in the U.S. Army Air Corps during
World War II;
WHEREAS, Mr. Stroop was an active member of Mineral Spring Baptist Church;
WHEREAS, Mr. Stroop retired from the Exxon Company USA;
WHEREAS, Mr. Stroop was active in community and church activities including serving
as the property chairman for the Baptist Mission Centers and president of the Wildwood Civic
League.
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 Roy Nelson Stroop, and extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Stroop's widow, Betty Stroop, of Roanoke.
ATTEST:
City Clerk
K:kMEAS URESh'-memorializingS TROOPROY.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37005-040405.
A RESOLUTION congratulating the Roanoke Catholic Celtics Basketball Team for its
winning the Virginia Independent State, Division II, Basketball Tournament.
WHEREAS, the Roanoke Catholic Celtics had an 18-10 record in their 2004 basketball
season;
WHEREAS, the Celtics defeated the number two seeded Walsingham Academy on
Friday, March 4, and won the opportunity to play in the Virginia Independent State, Division II,
Basketball Tournament;
WHEREAS, under the leadership of Coach Joe Gaither and Assistant Coaches Tony
Joyce and Dennis Blanchard, the team played Miller School in the Tournament on Saturday,
March 5, at Richard Bland Community College in Petersburg;
WHEREAS, the team members represented Roanoke with the highest level of
performance, sportsmanship, and pride against a worthy opponent and played to the best of their
abilities to win the title with a score of 75-67.
WHEREAS, the Roanoke Catholic Celtics Basketball Team has won a total of four state
titles in the past six years.
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing and congratulating the
Roanoke Catholic Celtics for winning the Virginia Independent State, Division II, Basketball
Tournament.
K:~lEASURES~r-roanokecatholicbasketballvictory.doc
2. The City Clerk is directed to forward an attested copy of this resolution to the Celtics'
coach, Joe Gaither.
ATTEST:
City Clerk.
K:hMEAS UKES~r-roanok¢catholicbasketballvictory.doc
Office of the Mayor
CITY OF ROANOKE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Congress of the United States passed the Civil Rights Act of
1968, and Title gill declared that the law of the land would now
guarantee the rights of equal housing opportunity; and
the City of Roanoke, in conjunction with the Fair Housing Board,
has provided a fair housing program for its residents, and today,
the local community supports fair housing laws; and
the Fair Housing Act prohibits discrimination in the sale, rental
and financing of dwellings, and other housing-related
transactions, based on race, color, nalional origir~ religion, sex,
age, familial status and handicap; and
equal housing opportunity is a condition of life in the City of
Roanoke that can and should be achieved, and all citizens are
encouraged to abide by the letter and spirit of the Fair Housing
Law.
NOW, THEREFORE, L C. Nelson Harris, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the month of April, 2005, throughout this
great All-.4merica City, as
FAIR HOUSING MONTH.
Given under our hands and the Seal of the City of Roanoke this fourth day of
April in the year two thousand and five.
ATTEST:
Mary F. Parker
City Clerk
C~ Nelson Harris
Mayor
Office of the. Mayor
CITY OF ROANOKE
WHEREAS,
WHEREAS,
emergencies can occur at any time, and the prompt response of
police officers, firefighters and paramedics is critical tO the
protection of life and the preservation of property; and
the safety of police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who
telephone the Roanoke City E-911 Center; and
WHEREAS,
WHEREAS,
public safety dispatchers are the first and the most critical contact
that citizens have with emergency services, and they provide the
single vital link for police officers and firefighters by monitoring
activities by radio, providing information and ensuring safety; and
public safety telecommunicators of the Roanoke City
Communications Center have contributed substantially to the
apprehension of criminals, suppression of fires and treatment of
patients, and each dispatcher has exhibited compassion,
understanding and professionalism during the performance of
their duties.
NOW, THEREFORE, I, C Nelson Harris, Mayor of the City of Roanoke,
Virginia, in honor of the men and women whose diligence and
professionalism keep the City and its citizens safe, do hereby proclaim the
week of April 10 - 16, 2005, throughout this great Ali-America City, as
NATIONAL PUBLIC SAFETY TELECOMMUNICA TOR 'S WEEK.
Given under our hands and the Seal of the City of Roanoke this fo'urth day of
April in the year two thousand and five.
Mary I~ Parker
City Clerk
C Nelson Harris
Mayor
Office of the Mayor
CITY OF ROANOKE
matron
WHEREAS, crime is a fact of life in the natior~ as well as the communities of
the Roanoke Valley; and
WHEREAS, crime is a blight that eats away at our lives, our homes, our
schools, our neighborhoods, and our communities; and
WHEREAS, crime prevention is an ongoing task for all citizens of the Roanoke
Valley; and
WHEREAS,
it has been determined that the most effective crime prevention
technique is a pro-active community approach involving actively
aware citizens, and active involvement of citizens and students to
assist law enforcement with factual information that can be used to
solve crimes; and
WHEREAS,
Crime Line and School Crime Line bring together citizens,
neighborhood leaders, students, school personnel, and law
enforcement officials to encourage and foster communication,
understanding and cooperation, and to build safer communities.
NOW, THEREFORE, L C Nelson Harris, Mayor of the City of Roanoke,
Virginia, call upon all citizens to support the aims, goals and programs of the
Roanoke Valley Crime Line, Inc., including the School Crime Line, and do hereby
proclaim April 2005, throughout this great All-America City, as
ROANOKE VALLEY CRIME LINE MONTH.
Given under our hands and the Seal of the City of Roanoke thid fourth day of
April in the year two thousand and five.
ATTESI~'
Mary ~ Parker
City Clerk
C Nelson Harris
Mayor
71
ROANOKE CITY COUNCIL
February 7, 2005
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 7, 2005, at 9:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke,'with Mayor C. Nelson Harris presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-:15, Rules of Procedure, Rule :1,
Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant
to Resolution No. 36762-070604 adopted bythe Council on Tuesday, July 6, 2004.
PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Beverly T.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, and Mayor C. Nelson
Harris .............................................................. 6.
ABSENT: Council Member Alfred T. Dowe,Jr. - ....................... :1.
The Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Gloria P. Manns, Alvin L.
Nash, Courtney A. Penn, Robert J. Sparrow, David B. Trinkle, and Kathy G.
Stockburger, Chair ................................................... 7.
ABSENT: None ................................................. 0.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
Representing the Roanoke City School Board: Doris N. Ennis, Acting
Superintendent; Cindy H. Lee, Clerk to the School Board; and Timothy R. Spencer,
Assistant City Attorney and Legal Counsel to the School Board.
SCHOOLS-COUNCIL: The Mayor expressed appreciation to Members of the
School Board for taking time from their busy schedule to meet with Council. He
called attention to monthly meetings attended by the Mayor, Chair of the School
Board, the City Manager and the Acting Superintendent of Schools to discuss
issues of benefit to both bodies in an effort to move forward on matters of mutual
interest and concern.
72
Chair Stockburger expressed appreciation to Council for meeting with the
School Board in a more informal type setting. She reported on the following
activities:
Superintendent Search:
A meeting was held with the search firm last week and the School
Board is excited about not only the number of applicants, but the
caliber of applicants who have applied for the position.
Pursuant to Section 2.2-37].2 (b), Code of Virclinia, ].950, as
amended, the School Board will conduct a Closed'Meeting within
the next 15 days for the purpose of interviewing candidates for the
position of Superintendent.
The School Board is on schedule for interviews, barring any
unforeseen inclement weather, and it is hoped to make an
announcement regarding the selection of a new Superintendent by
February 28.
The search process has gone well, the relationship with the search
firm has been excellent and the product generated to this point
has gone beyond expectations.
A specific criteria was developed to discuss which of the 125
inquiries, representing 38 States, would result in the top
candidates; not all inquiries resulted in a full application, and over
60 complete applications were received.
· The top six candidates have been identified and will be interviewed
over the next seven to ten days.
· Top candidates will be introduced to the public.
The process included public input from the beginning to determine
the types of candidates that the School Board was looking for and
the Board has not deviated from the established criteria.
73
School District Update:
· The Patrick Henry High School renovation project is proceeding on
schedule.
The same process is anticipated with regard to the William Fleming
High School renovation/construction project, with the first pubic
input meeting to be held on February ].6 at 5:30 p.m., in the
William Fleming High School Cafeteria.
The William Fleming building will not be the same as the Patrick
Henry High School facility, but will be customized to fit the needs
of the school.
· There is a positive attitude by parents, students and teachers
about the Patrick Henry project.
The opening for Roanoke Academy of Mathematics and Science
(RAMS) has been delayed due to certain construction issues;
however, teachers are positive about the brief delay in
construction.
In view of recent publicity that the fire wall was extended to the ceiling
instead of to the roof at the RAMS structure which delayed the opening date,
question was raised with regard to the circumstances surrounding the over sight.
The Acting Superintendent of Schools responded that in today's society, one
cannot be too safe when children will occupya facility. The Chair advised that the
RAMS building must be constructed to the specifications that the School Board
believes is necessary prior to occupancy. The observation was made that either
the architect or the engineer should have discovered the error early on in the
construction process.
Crystal Y. Cregger, Manager, Purchasing of Contract Services, advised that
School officials met with City officials, including the Building Commissioner, all of
whom have been most helpful in addressing the situation. She Stated that the
contractor did not call for inspections as the work progressed, therefore, the
Building Commissioner did not have an opportunity to discover the error; four job
superintendents have worked on the project and the Building Commissioner's
Office and the City Manager's Office have been supportive of efforts to resolve
issues.
74
With regard to Patrick Henry High School construction/renovation, Ms.
Cregger reported that the contractor and the architect discovered an error in the
specifications for fire proofing which will be addressed through a pending change
order.
The Chair advised that whenever incidents of this nature occur, the School
Board is even more vigilant when looking at the next project.
The City Manager advised that a "Clerk of the Works" is assigned to large
City projects because the contractor/architect should not also be responsible for
inspections. She explained that athird party contractor or employee is present for
onsite reviews which is key to major construction projects.
An observation was made that the Roanoke Academy of Mathematics and
Science is the first new school to be constructed in the City of Roanoke in
approximately 25 - 30 years and with completion of Patrick Henry and William
Fleming High Schools in the next decade, the three schools should be showcased
and publicized as much as possible.
Safety Task Force Recommendations:
Recommendations are continuing to be implemented which
have served as a model of intentional input in a methodological
way, resulting in certain changes in some of the schools. It is
hoped that a model can be replicated in the schools when
various issues demand a level of attention.
Conflict remediation training for students has been
implemented across the board in elementary schools and it is
hoped to implement conflict mediation training for parents as
well.
A number of hard pieces have been implemented, such as
cameras in the schools, enhanced training and de-escalation
training is almost complete; 80 teachers have participated in
de-escalation training, who, in turn, visit other schools as a
team to train staffs.
75
The Acting Superintendent of Schools serves as point person
for recommendations of the School Safety Task Force.
Youth courts have been established and are successful as a new
pilot program; the William Fleming Youth Court will start during
this semester; the Patrick Henry Youth Court started last year;
the Youth Court is effective because it gives students the
responsibility of accountability and is congruent with the
mediation process.
· Middle Schools have established peer remediation programs.
Council Member Lea entered the meeting.
Two new alternative education programs have been established; i.e.,
New Start, which addresses students in the third and fourth grades
who are experiencing difficulty in terms of attentiveness, are not
academically successful, and have behavior problems, students have
the benefit of one on one instruction, and five students participate in
the Morningside Elementary School program and eight to nine
students participate in the program at Hurt Park Elementary School.
As the program continues, Adolescent Uplift will be offered at the
middle school level and will provide a ripple effect in terms of
students attending the Noel Taylor program. The Noel Taylor
Alternative Education Program has approximately 200 students who
attend school from 7:30 a.m. to 6:00 p.m.; with a dual program year,
some students arrive at 2:30 p.m., and they are taught by an adjunct
staff from Patrick Henry and William High Schools. Teaching staff
work with those students who otherwise might become drop outs or
those who have experienced difficulty in a larger school setting. Blue
Ridge Technical Academy is doing well.
The Chair volunteered to provide Council with a one page summary
listing all alternative education programs, with a brief description,
including the Governor's School and CITY School, etc.
The terminology "alternative education" may be changed to "adjunct
education program," or some other terminology because "alternative
education" implies behavioral problems which is not totally true with
today's students who are involved in other situation such as jobs that
require modified schedules, etc.
76
In addition to safety issues, there is a need to focus on instruction;
some schools have not made AYP and some schools are not
accredited, therefore, it will take a community effort in conjunction
with Central Council PTA Executive staff to involve the entire
community, and a detailed presentation will be made at an upcoming
School Board meeting.
Bench mark testing is done to analyze accomplishments of students in
terms of objectives that need to be met at the end of the school year
when they take the Standards of Learning test, which provides a
diagnostic prescriptive testing of learning in order to focus on
individual student needs.
Central Council PTA no longer represents all of the schools, some
schools are represented bya body that acts on behalf of all students.
Central Council PTA will host an annual event including a model night
in which theywill invite all principals, PTA representatives, and parent
representatives from those schools where there is no PTA to address
such basic activities as feeding the child a good breakfast, the
disadvantage of engaging in family conflicts on the night before a
test, the importance of getting to school on time, etc. The Executive
staff will present information on the importance of testing and it is
hoped that the initiative will become an annual event and that an
assessment night will be held in each school in the division.
Some of the schools that do not have Parent Teacher Associations
have strong parental involvement, each school is defined by a
different school culture and those schools that do not have a viable
PTA are some of the same schools that have a strong school based
leadership team composed of parents who serve on a committee and
make decisions; and school based leadership teams are composed of
students, parents, teachers and the PTA President if the school has an
active PTA.
Research continues to be done by executive staff with regard to the
extended school day. When looking at the School schedule, there are
enough minutes in the School day, but the question centers around
how those minutes are used. Transportation is being reviewed in
terms of how much time is used to transport students, i.e.: the
feasibility of elementary school, middle school and high school
students reporting to school at different times throughout the school
day.
77
School Uniforms:
There is an ongoing review of school uniforms as well as a
school dress code; dress codes vary widely from school to
school, a committee will review revamping the dress code,
while allowing some flexibility between the uniforms; the
committee will review a policy that would allow the individual
schools to adopt a uniform with approval by 70 per cent of the
parents; the policy would State how uniforms would be adopted
at each individual school; it might be easier to initiate the pilot
program at the elementary school level with the goal of bench
marking those schools against other schools to determine what
type of influence a uniform has on school safety, etc.
If it can be determined that a school Uniform helps education,
safety, social environment, etc., the School Board has a
responsibility to pursue the issue; it is hoped to have at least
two pilot schools and a minimum requirement of time for the
uniform program to be in place in order to attain numbers for
bench marking purposes.
During a discussion it was noted that the Cities of Lynchburg and Norfolk
have implemented school uniforms and question was raised as to whether data
from those localities have been reviewed for bench marking purposes. It was
pointed out that there is not a lot of available data, however, data from the City of
Norfolk has been reviewed by the committee.
The Mayor advised that it would appear that school uniforms may have
deeper impacts in certain areas that may not be quantified, i.e.: those children who
do not have avariety of clothing as opposed to those who may not wear the same
outfit for the next 15 days, which creates a social disparity among children that
could lead to life long scars. He stated that if requiring a uniform could add some
equilibrium to that kind of situation, while it does not solve a safety problem or an
academic problem, it begins to modify a social stigma that is hard to measure or
to quantify; therefore, a school uniform may have certain positive ramifications
beyond that which can be measured.
78
The Assistant City Attorney was requested to comment on the threshold
percentage for approval by parents of school uniforms, whereupon, he advised
that the ranges are between 70- 75 per cent which seems to be the norm in most
localities; there is an opt in and an opt out requirement to give parents flexibility;
and according to State law, public funds cannot be used to purchase uniforms,
therefore, often times criteria is established through the Education Foundation to
pay for uniforms for those children who receive free or reduced lunches.
Public/Private Education Act (PPEA):
Council addressed the PPEA approximately one year ago which
provides a way to place private funding and private risks to
public projects. The School Board was provided with
information on the Act in order to understand the guidelines
established by Council and Council will be provided with
guidelines to be established by the School Board.
Mr. Spencer advised that draft guidelines were modeled after the same
guidelines that were adopted by Council and will be considered by the School
Board at its March meeting. He referred to major changes at the State level with
regard to what constitutes public purpose so that the PPEA can be used for more
than just education, and internal guidelines will be developed on how to move
various issues through the organization.
The City Manager offered the assistance of the City's Engineering staffto the
School Board.
Roanoke City School Board Education Foundation:
An overview of the Public School Foundation was provided, in
addition to a compilation from the National School Board
Association Library on websites where more information may
be accessed, mission Statements from various currently
operating Education Foundations, a list of the Board of
Directors, By-laws and Articles of Incorporation that were
approved by the School Board; and a list of Foundation
programs funded by the City of Asheville, North Carolina.
79
The purpose of the Education Foundation is not to provide
basic school funding, but to provide for enhancements,
scholarships, or those kinds of expenditures that will enhance
student achievement.
Education Foundations, which are being established all across
the country, can provide creative ways to support the school
division, and the City of Roanoke is positioning itself to provide
an even better climate of learning for Roanoke's students to
achieve within the framework of the Foundation.
There being no further business, at 10:40 a.m., the Mayor declared the
Council meeting in recess.
The Chair declared the School Board meeting adjourned.
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO 2:00 P.M., AGENDA:
NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
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 2.2-37].1 (A)(1), Code of Virginia (1950), as amended, was
before the body.
Council Member McDaniel moved that Council concur in the request of the
Mayor to convene in Closed Meeting as above described. The motion was
seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Dowe was absent.)
80
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (!950), as amended, was before the body.
Vice-Mayor Fitzpatrick moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was
seconded by Council Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... O.
(Council Member Dowe was absent.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose where discussion in open meeting would adversely affect the
bargaining position or negotiating strategyofthe public body, pursuant to Section
2.2-371! (A)(3), Code of Virginia (1950), as amended, was before the body.
Council Member Cutler moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was
seconded by Vice-Mayor Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ................................................... 0.
(Council Member Dowe was absent.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to Section
2.2-371! (A)(3), Code of Virginia (1950), as amended, was before the body.
81
Vice-Mayor Fitzpatrick moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was
seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None .................................................... 0.
(Council Member Dowe was absent.)
BRIEFINGS:
Storm Water Update:
SEWERS AND STORM DRAINS: The City Engineer advised that approximately
one month ago, Council was presented with copyofthe Storm Drain CIP needs as
prepared by the consultant, AMEC, who has continued to work on what a storm
water utility could mean to the City of Roanoke in terms of fees, potential revenue,
and how to retire some of the City's CIP needs. He introduced Doug Mosley and
Elizabeth Treadway, representing AMEC, to continue the Council briefing.
Mr. Mosley reviewed the scope of the study which includes the program
phase that will determine the level and extent of storm water management service
based upon community needs and Capital Improvement Programming; and data
development and analysis which will evaluate data needed to determine an
equitable allocation of the cost of service. He noted that the study is designed to
help the City reach a decision point concerning implementation of a storm water
utility fee.
He advised that:
Level and extent of service program objectives include: meet
community service needs and expectations, address aging
infrastructure (CIP backlog and maintenance), enhance flood plain
management and flood mitigation capabilities and riparian habitat
protection and restoration.
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Key Areas of Program Needs
Reinvestment in the infrastructure
Total program costs: $695,000.00 annually
CIP needs: $57 million
Maintenance and operations needs: $1 million/annually
Build capacity to maintain infrastructure
Increase capital spending: $ 3 - 5 million annually
Ensure compliance with regulatory mandates
Address water quality needs through CIP
Specific program preliminary recommendations include:
Engineering Services; i.e.: target floodplain management- enhance
CRS Program and maintain GIS data sets - keep system inventory
current
Capital Construction; i.e.: address flooding - increase reinvestment
program to eliminate backlog over the next 15 years and increase
current system capacity through remedial maintenance
Operations and Maintenance; i.e.: enhance maintenance
capabilities - add one four-person crew; and ensure effective
performance by completing the inventory of storm sewer system
and identifying current easements
General Administration; i.e.: educate the public - provide customer
assistance resources.
· Preliminary Reinvestment Strategy:
Engineering services:
$75,000.00 in year one (mapping and GIS support)
$97,000.00 in subsequent years to support CRS program
and GIS
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Capital construction:
$3,200,000.00 in year one
$4,000,000.00 to $5,800,000.00 in subsequent years
Operations and Maintenance:
$1,000,000.00 annually
General Administration:
$103,000.00 annually for customer assistance and
education
Utility costs annually (billing system) - $75,000.00
· Charts were reviewed explaining billing unit determination
methodology- equivalent residential unit (ERU)
Solid Waste Utility Fee Schedules from Norfolk, Virginia Beach,
Portsmouth, Newport News, Hampton, Chesapeake and Prince
William County were reviewed.
Council Member Cutler advised that he had numerous questions, however, in
the interest of time, he would submit his questions to the consultants, with a copy
of the response to Council.
Questions/comments by Council:
A considerable amount of the City's flood water originates in
Roanoke County, the City of Roanoke is surrounded by Roanoke
County and the topography is down hill from the County
through the City to the river, and anything the County does by
way of development will exacerbate flood storm water runoff in
the City. This should be closely coordinated with or tied into
the study.
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The By-laws and Articles of Incorporation of the Western
Virginia Water Authority provide for assuming responsibility for
storm water management for both the City and the County at
some future time, as well as the addition of other units of
government. Other issues were mentioned such as Iow impact
development, protection of water quality, potential day lighting
of streams and rain gardens, and newtechnologythat improves
the environment while addressing storm water run off through
easement inventory.
The Western Virginia Water Authority has adopted a policy for
the extension of utility lines and the Water Authority is
encouraged to work with the Roanoke Valley Greenway
Commission to obtain surface right-of-way for public access at
the same time utility lines are extended, and the same should
be true with respect to storm water easements, particularly
closed pipe systems, with the surface to be opened to the
public if possible.
A clarification was requested as to what extent a storm water
utility fee is required as apposed to optional. The City Engineer
advised that the City can meet all requirements under the
NPDES program with current funding allocations for water
quality, therefore, a storm water utility is not required in order
to meet those obligations. However, he stated that the City has
a much larger need for capital projects for which no dedicated
funding mechanism has been identified, and the list continues
to grow each year.
Percentage-wise, what can the current system handle? The City
Engineer advised that it would be difficult to venture a guess on
the percentage, however, it should be noted that the City of
Roanoke is an older community, much of its infrastructure is in
need of repair and a substantial need is not being addressed.
Is the current requirement for water runoff a local or State
requirement? The City Engineer responded that minimum
standards are established by the State, and current
requirements of the City provide that post development runoff
cannot exceed pre development runoff from both the ten year
storm and the two year storm in the City of Roanoke, and
minimum State standards apply to the two year storm.
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If the list of CIP storm drainage projects is implemented, how
would storm water runoff be impacted? The City Engineer
responded that it would provide infrastructure as economic
development occurs in the City; and the largest impact would
be seen in development credits for those who go above and
beyond minimum standards.
Are there more regional solutions that CIP funds could be used
for that would lessen the need for drainage? The City Engineer
advised that staff reviewed the 1996 Valley Wide Storm Water
Management Study, and of the $57 million list, $17 million of
the projects identified in the study are located just within the
boundaries of the City of Roanoke; and companion projects in
Roanoke County, Botetourt County and Floyd County could be
implemented if the storm water utility tax is approved.
Would it make sense to bond rather than pay as you go? The
City Manager responded that the City could bond, but she
would be hesitant to recommend any type of fee that creates
funds that the City cannot spend within a given time because
the community's expectation, when a project is placed in the
capital improvement budget, is to see the results of the project
within the year; and quite often the project is not completed
that quickly due to design, engineering and sometimes land
acquisition issues. The City has started to break some projects
into smaller pieces with the intent that in the first year X
amount of dollars will be needed because X amount of the
project will be completed. With a storm water utility fee, the
community will expect fast results, and the start up year would
involve a significantly smaller amount of money with the idea of
spending funds to design the projects. There have been
discussions with regard to how to spread the projects around
the community so that more people would have the opportunity
to see the impact of this type of fee, however, the real issue is
whether the City has the necessary staff resources, both to
oversee the design of projects followed by construction.
Roanoke County has been invited to participate in the study,
but has not indicated a willingness to be partners in the effort
to move forward. The opportunity to enhance the value and the
resale of homes in the City of Roanoke is impacted by whether
or not the City addresses flooding that is occurring in many of
its neighborhoods.
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A storm water management/storm water utility fee should be
addressed at meetings of elected officials of the Roanoke
Valley.
Lick Run Greenway:
GREENWAYS: The City Manager advised that an item is included on the
formal Council agenda at 2:00 p.m., in regard to a negotiated Memorandum of
Understanding that would establish a cooperative effort between the Virginia
Department of Transportation and the City of Roanoke for the temporary use of
non-limited access rights-of-way along 1-581 between the Orange Avenue
interchange and Walker Avenue on the west side of 1-581. The City Manger
further advised that the Agreement is for the temporary placement of a portion of
the Lick Run Greenway on the VDOT non-limited access rights-of-way pending
future roadway corridor modifications; the Memorandum of Understanding
requires Council to request VDOT's permission to temporarily place a portion of
the greenway on VDOT's non-limited access 1-581 rights-of-way; and Council will
be requested to agree to have the City of Roanoke apply all costs associated with
removing the greenway at such time as future roadway corridor modifications
necessitate its removal, if and when removal is requested by VDOT.
L. Donnie Underwood, Parks Planner, advised that a greenway serves as a
habitat that may include many different types of geography, such as wet lands,
rivers, plants, forests and fields; it is an area in the landscape along which water,
animals, plants and people move; it is an area whose filtration prevents the
passage of some things, but allows the passage of others; it is a resource within
an urban climate that provides an unique edge of open space to adjacent
communities; and properly defined and managed greenways can help wildlife
overcome the effects of fragmentation by increasing the effective size of protected
areas, creating access to different habitats and connecting wildlife populations.
He presented photographs of pro.iects that have been completed such as
Roanoke River/Wasena Park; Lick Run Phase I which began at Valley View Mall
across 1-58]., down to Andrews Road that will go to bid in March-April and
connect a portion of the greenway through Brown-Robertson Park and Washington
Park, wrap around the Holiday Inn and end up at The Hotel Roanoke.
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Mr. Underwood advised that an agreement has been reached with VDOT to
allow the City to use the rights-of-way for the greenwayon atemporary basis and
if 1-581 is widened, VDOT will work with the City to relocate the greenway within
the 1-581 right-of-way. He stated that at the location of the Holiday Inn, a
significant bench cut/retaining wall system will be installed.
He presented slides containing examples of landscaping/architecture
proposed for Walker Avenue in order to make the area more compatible with the
Civic Center to The Hotel Roanoke, because it is believed that this will be the most
used section of greenway in the City of Roanoke.
He reviewed the following costs:
Estimated Cost:
$ 1,368,438.00
Funding Sources:
· General Fund
· Land Sale
· T-21 Grant
Transportation Funds
· TEA Enhancements 2004
· CDBG Funding for Gainsboro
· Total Budget
4,430.00
125,110.00
875,000.00
75,000.00'(10'h St.)
33,000.00 (2"d St.)
127,000.00
$ 1,239,540.00
Photographs were presented of floodway design, timber amenities,
markings, pull-outs, timber gating, native landscape, signage, and
greenway map/kiosks, way finding downtown, and interpreted
signage in Brown-Robertson Park and Washington Park to address the
historic significance.
(See copy of power point on file in the City Clerk's Office.)
Gateway to the Civic Center:
ROANOKE CIVIC CENTER: The City Manager advised that Walker Avenue at
the rear entrance to the Roanoke Civic Center has been of concern for some time
as it relates to improvements to the back area through the Lick Run Greenway. She
called upon staff for a presentation on proposed initial improvements to the rear
entrance to the Civic Center, with the intent of adding certain other enhancements
over time.
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Brenda D. Landes, representing the City Engineer's Office, advised that:
Council is requested to consider a project that would create an
upgraded pedestrian connection between the Lick Run
Greenway and the Civic Center at Walker Avenue.
The existing pedestrian right-of-way is a dark and somewhat
foreboding route and most people do not think of the area as a
connection to the Civic Center because there are no amenities
that would draw a pedestrian to the area.
A multi phased project is proposed to create a more attractive,
safe and inviting pedestrian way, with the first phase to include
areas that would increase safety and awareness.
Phase I would attempt to draw pedestrians to the area by
increasing the quality and quantity of lighting; extend the
sidewalk into one lane of the road; currently, the road is four
lanes wide, but there is no need, traffic-wise, to have more
than two lanes, although to accommodate emergency access is
advisable to provide three lanes; and remove one of the
existing pedestrian bridges and replace it with a bridge that is
visually accessible and can be seen from Second Street, with an
obvious pedestrian connection.
· Close off the ledge above the slope protection.
Other potential enhancements include: decorative columns with
bright colors through possibly a contest involving local artists
and schools, etc., possibly covering the columns with mosaic
tiles, etc., based on input by VDOT since the columns would
have to be tested every two years, and commission a piece of
art work or some type of active events board with landscaping.
Other phases would serve to more directly connect the Lick Run
Greenway and the Walker Avenue area with a more whimsical
theme, such as installation of gateway signage at the entrance
to Walker Avenue, sidewalk upgrade by installing color stamped
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concrete to coordinate with that part of the greenway, substantially
upgrade landscaping by installing a dry creek bed with stone walls
and a boulder scope, install a wooden pedestrian bridge that would
be a part of the Lick Run Greenway, while tying back into the
connector piece that goes over the dry creek bed and remove the
remaining pedestrian bridge.
The City Manager pointed out that as staff looked at the rear entrance to the
Civic Center, Phase II improvements have been designed to allow entrance to the
Civic Center from the rear without having to walk around the building. She stated
that this is an area that needs special attention as expansion of the Civic Center
occurs, and in an effort to encourage the movement of people between the Civic
Center and the downtown area and to capture the opportunity for patrons to use
downtown parking as much as possible for events and activities at the Civic
Center; and a lighted greenway will cause the area to be used in a way that it has
not been used to this point.
Questions/comments by Council:
A formal stone wall surrounds Lick Run and standard lighting similar
to lighting currently installed on Wells Avenue should be used.
Signage should be placed on the side of the bridge so that there is
less obstruction and any lights should be installed on the bridge
proper, thereby making the bridge the grand entrance.
The City's new branding logo could be placed on the wall with the
event board which would create a source of pride.
The section between Walker Avenue and Wells Avenue to The Hotel
Roanoke will be the one lighted portion of the greenwaywhich ties in
with historic Gainsboro and the light poles that are currently in place.
There are obvious benefits to respective staffs of the Engineering and
Parks and Recreation Departments working together and it is hoped
that the relationship will continue.
Lick Run should be returned to a live stream with vegetation, and
support was expressed for the day lighting of converted streams and
returning streams to their natural condition whenever practical.
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There should be a way to embrace the Gainsboro community by
identifying certain historic structures that previously existed.
Based upon comments by Council Members, the City Manager advised that it
would appear that Council supports the current direction by staff. She stated that
the project will be completed in phases, with completion of the first phase to
complement the schedule for Civic Center Phase II Improvements.
At :~2:00 p.m., the Council met in a joint session with the Architectural
Review Board, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, Virginia, with Mayor C. Nelson Harris and Chairman Robert
N. Richert, Chair, Architectural Review Board, presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Beverly T.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris ...................................................... 6.
ABSENT: Council Member Alfred T. Dowe,Jr.- ....................... 1.
ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Alison S. Blanton,
Barbara A. Botkin, Robert B. Manetta, James Schlueter, JonJ. Stephenson and
Chairman Robert N. Richert ............................................. 6.
ABSENT: Board Member Donald C. Harwood ..........................
OTHERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; and
R. Brian Townsend, Director, Planning, Building and Development; Anne Beckett,
Agent; and Martha P. Franklin, Secretary, Architectural Review Board.
The meeting was opened with a prayer by Council Member Lea.
ARCHITECTURAL REVIEW BOARD-ANNUAL REPORTS: Following lunch, the
Mayor welcomed members of the Architectural Review Board and staff to the
meeting, and called on the Chair for presentation of the 2004 Annual Report of the
Architectural Review Board.
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Chairman Richert stated that one-half of the Certificates of Appropriateness
that were issued were processed administratively by City staff and approved
without consultation; and he was encouraged byinfill development that had taken
place on several vacant lots in the old southwest neighborhood with regard to the
H-2, Historic District. He referenced several trends not reflected in the Annual
Report, such as an increased number of applications in the H-2 districts in the
Gainsboro, West End, Mountain View and Patterson Avenue neighborhoods. He
indicated that property owners in those neighborhoods were not familiar with the
historic district guidelines; therefore, the Board and City staff must raise their level
of awareness.
Anne Beckett, Agent to the Board, advised that information provided by the
Office of Real Estate Valuation indicated that between 2001 and 2005, property
values in Old Southwest had increased 46% as compared to 32% in the Raleigh
Court, Grandin Court and Wasena neighborhoods.
The Chair highlighted the following areas of concern:
Protection of infrastructure in the H-:Z and H-2 historic districts, i.e.:
streets, alleyways, etc.
The need for legislative action with regard to roofing and siding
issues requiring building permits; and
It is imperative that inner-City and historic neighborhood property
owners be protected, especially the residential neighborhoods on
Marshall, Day and Elm Avenues.
COMMENTS BY COUNCIL/ARCHITECTURAL REVIEW BOARD MEMBERS:
Mayor Harris inquired about the rate of home ownership in historic districts
and whether the rate had increased; whereupon, it was noted that the rate was
about 52%. He requested that information pertaining to home ownership in
historic districts be provided to the Members of Council.
The City Manager Stated that the City's Tax Abatement Program has been
part of the trend in the Old Southwest community, and City staff has revised the
program to further improve its use on a City-wide basis. She further stated that
an additional tax credit of five years is given to a property owner if the property is
converted to a lower density.
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Mayor Harris inquired about the status of legislative updates; whereupon,
the City Attorney responded that legislation authorizing localities to require
building permits for installation of replacement siding, roofing and windows in
buildings within historic districts was drafted, but because the City did not have a
sponsor, the bill was not considered by the General Assembly. Due to the
importance of the legislation, Mayor Harris suggested that he and Mr. Richert
schedule a meeting with the City's representatives to the General Assembly to
discuss the issue.
The City Manager suggested that surrounding localities that share an
interest on similar issues should be contacted to lend their support and lobbying
assistance.
In response to increasing public awareness with regard to property in the
historic districts, Mr. Richert advised that City staff has initiated the following:
Annual notification to all property owners in historic districts that
their property is located in a historic district;
Notification from the Department of Real Estate Valuation to property
owners who have purchased property in historic districts advising of
the guidelines applicable to property included in a historic district;
and
Notification to all contractors in the Roanoke Valley of the
requirements for a Certificate of Appropriateness for improvements to
property in a historic district.
Council Member Cutler expressed appreciation to the Architectural Review
Board for its efforts and noted that the increase in property values in old
southwest is something that the public should be aware of. He inquired if the
Board had viewed the C2C housing projects on display at the Art Museum and if
any of the designs would be appropriate in old southwest. Mr. Richert responded
that he had viewed the designs, Members of the Board believe that several of the
designs have potential, especially on a vacant lot on Day Avenue, S. W.; and the
biggest challenge for the Board is the blend that affects the streetscape within a
historic district.
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Vice-Mayor Fitzpatrick expressed appreciation to the Board for its dedication
and commended Old Southwest on its grace and ability to continue to push ahead.
He also suggested that a press release be issued with regard to home ownership
and information concerning the progress in Old Southwest.
With regard to certain concerns in connection with the proposed zoning
ordinance, Mr. Richert advised that every parcel of land in the City of Roanoke will
be rezoned under the new zoning ordinance. He further advised that mostofthe
residential property in Old Southwest was zoned RM-2, Residential Multifamily,
Medium Density District, and Old Southwest is promoting conversion of multi-
family structures to single family homes. He stated that Old Southwest, Inc., has
proposed that most of the old southwest neighborhood be zoned single-family in
order to prevent conversions to multi-family structures.
The City Manager advised that the proposed new zoning ordinance will
implement new overlay districts and contain legal restrictions with regard to
zoning exclusively to one category. Mr. Townsend indicated that the proposed
zoning ordinance will change how nonconformities are regulated.
Council Member Wishneff questioned the process for adding areas to the
historic district; whereupon, Mr. Townsend advised that national and State
designation is initiated by the property owner and local designation is approved by
theBoard or City Council. Chairman Richert added that there are parcels of land in
the City of Roanoke that have a historic overlay, but are not included on State or
national historic registers.
Council Member Wishneff inquired about a historic designation for tax
purposes and whether it applied to home ownership; whereupon, Ms. Beckett
Stated that very few applications were submitted by homeowners and the tax
credits apply primarily to larger projects. Council Member Wishneff suggested that
the public be aware that City staff is available to assist with completion of
applications.
There being no further business to come before the Council and the
Architectural Review Board, at 1:10 p.m., the Mayor declared the Council meeting
in recess.
The Chair declared the meeting of the Architectural Review Board adjourned.
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The Council meeting reconvened at 1:15 p.m., in Room 159, Noel C. Taylor
Municipal Building, for a continuation of Council briefings, with all Members of
Council in attendance, except Council Member Dowe, Mayor Harris presiding.
Fire-EMS Station No. 1:
James Grigsby, Chief, Fire/EMS, Stated that the briefing is a followup to
questions and concerns raised by Council at the briefing which was held on
Monday, January 3, 2005.
He advised that:
· The current Capital Improvements budget is $5,041,840.00.
The Council presentation on January 3, 2005, identified minimum
estimated additional resources of $301,740.00 (site construction and
additional circulation in building due to site constraints)
· Desired "add backs" include:
Underground Electric Service $
Additional Fire Pole (2 total) $
Upgrade Exterior Finish (Add Precast) $
Roof Re-Design $
$
20,000.00
18,000.00
115,000.00
35,000.00
188,000.00
Items to be bid as alternates:
Fire Excursion Bay/Storage
Additional Stair Flight between 2"d
and 3rd floors
$ 280,000.00
$ 108,000.00
$ 388,000.00
· Minimum additional resources:
$371,740.00 + $188,000.00 = $489,740.00
Independent cost estimates exceed this amount by $503,500.00
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· Funding Available from EMS Fee Revenue:
EMS Fee revenues can support over three years
Borrow from Flood Reduction Program and repay over three years
Building designs identified as Options 1, 2 and 3 were
reviewed.
Staff prefers Option No. 3 because of the aesthetic appeal of a
full gable roof.
Discussion/comments by Council:
The design will result in the closing of Fire Stations I and 3; therefore,
Council MemberWishneffadvised that he could not support the closing of Station
No. 1 on Church Avenue because it is the oldest continuous operating fire station
in the country.
The Mayor advised that the information provided by staff is responsive to
the questions previously raised by Council. He concurred in the recommendation
by staff with regard to Option No. 3 which is, aesthetically, the best. He added
that the station will bring three elements together; i.e.: Station No. 3, Station No. 1
and the fire administration, and as Council and staff continue to move forward,
there is a need for a certain level of sensitivity to old Fire Station No. 1. He stated
a preference that Station No. I remain a City owned and operated facility, but he
would not look with favor upon converting the building into a museum. He
advised that he had previously inquired of the City Manager if old Fire Station No.
1 could be used in keeping with a public safety operation.
The City Manager advised that it has been suggested that the consultant
engaged to study the City Market area will also look at Fire Station No. I as a part
of the study to help identify the best use of the building in keeping with its historic
significance, but not necessarily converting the building into a museum.
The Mayor advised that when the fire administration moved into The
Jefferson Center, it was intended to be a temporary location and it was the City's
way of providing funds to The Jefferson Center project; Fire Station No. 3 is in a
deteriorated condition and is ill located, etc., therefore, providing a permanent
residence for fire administration, closing Fire Station No. 3, bringing the elements
of downtown and Old Southwest fire protection under one roof is the right thing to
do, but there is a sensitivity to the future use of old Fire Station No. 1. He
reiterated his previous remarks regarding the use of old Fire Station No. I for a
public safety function.
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The Mayor advised that he supports additions to the budget for Fire Station
No. 3 which is responsive to the request of Council.
Council Member Cutler concurred in the remarks of the Mayor with regard to
the future use of Fire Station No. 1. He spoke in support of Option No. 3forFire
Station No. 3, and inquired about landscaping and at what point the Roanoke Arts
Commission would be involved with regard to art acquisition for Station No. 3.
The City Manager advised that it was her understanding that the Roanoke
Arts Commission does not wish to address specific recommendations or pieces of
art until the Arts Master Plan is completed; the Arts Commission is aware of the
project and if the Arts Commission would like to make recommendations for any
of the buildings that are under design or construction, they may do so. She stated
that the only other decision that the Council has made regarding the Arts Master
Plan is an agreement to purchase the Best of Show each year from the Annual Art
Show, with funds to be taken from the Percent for the Arts Program.
ChiefGrigsbyadvised that with approval by the artist, it is proposed to move
the fire fighters memorial from its current location at the entrance to the Virginia
Museum of Transportation to Fire Station No. 3 to serve as an anchor art piece.
The Mayor left the meeting and the Vice-Mayor presided over the remainder
of the work session.
Vice-Mayor Fitzpatrick advised that all options for Fire Station No. I should
be explored, and some persons would prefer that Fire Station No. 1 become a fire
and rescue museum since Roanoke was the first location to have a volunteer
rescue squad. He stated that he would also prefer to retain the building as a City
property, but all options should be explored because Roanoke is beginning to gain
a reputation as a transportation mecca in terms of museums.
The Vice-Mayor noted that there appears to be aconsensus of the Council to
approve Option No. 3 for Fire Station No. 3.
Prior to her coming to Roanoke, the City Manager advised that a former
Mayor had announced that not only would the City give old Fire Station No. ! to
the Julian Stanley Wise Museum, but the City would donate $1 million for that
purpose; however, she was advised by the Council that the Council had not
participated in the decision, nor was the City Manager to consider such to be the
direction by the Council to the City Manager.
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Roanoke River Riqht-of-Way Proposed Riparian Corridor Overlay District:
Steven C. Buschor, Director, Parks and Recreation, presented information
about the potential of developing a Riparian Corridor Overlay District in the City of
Roanoke and the benefits associated with the District. He advised that:
Internal benefits would allow the City to provide active/passive
recreation opportunities, aesthetic and scenic views,
environmental/ecological values which would preserve open space,
maintain tree canopy, preserve water quality and habitat, serve as
flood retention, and minimize erosion.
External benefits would link neighborhoods to schools, retail and
shopping areas and other parks; and serve as a buffer between land
uses, and increased property valuation "Proximate Principle"
"Proximate Principle" is defined as follows: In the green strip
along the riparian corridor, it has been determined that
property associated within 500 feet of a green space will
increase in value and one of the benefits is called the
"Proximate Principle." The "Proximate Principle" uses an
economic method that talks about how natural resources and
application of natural resources impact associated property
values; secondary benefits occur as the Corridor is developed
and there is an opportunity for future economic development
growth. The third component of the concept of "Proximate
Principle" involves the willingness of persons to pay for higher
valued property next to the green infrastructure which
increases property values and assessment and ultimately
increases property taxes.
An example of the "Proximate Principle" is: If the City invests
$90,000.00 per year to service construction or renovation of a
park, values of properties proximate to the park increase,
annual property taxes paid by proximate principles
incrementally increase, and the City is fully reimbursed its
$90,000.00 annual financial investment by the incremental
increases which continues to cycle as properties are acquired.
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A graph was presented demonstrating the principle in linear
fashion which shows that the closer the park is located to
residential sections of property, the higher the appraisal value.
The following is a short list of localities/organizations that have
endorsed the "Proximate Principle:"
The National Recreation and Parks Association
Dr. John R. Compton, Texas A&M University
Frederick Law Olmstead
The Conservation Fund
Boston Park Commission
New York Department of Natural Resources
Kansas City Missouri
District of Columbia
Teton County, Wyoming
City of Fort Worth, Texas
City of Bellevue, Washington
American Planning Association
Trust for Public Lands
Photographs were shown of unusual development along river
corridors throughout the country, such as in Providence, Rhode
island, Reno, Nevada, Kansas City, Missouri, and Asheville,
North Carolina.
Photographs were shown with regard to the impacts to existing
river corridors and on proximate values.
Mr. Buschor requested that Council support an effort to secure easements,
rights-of-way, and the acquisition of land necessary to establish a "Riparian
Corridor Overlay District" for the City of Roanoke.
R. Brian Townsend, Director, Planning Building and Development, advised
that acquisition of easements and rights-of-way is different than regulating the
use of property. He stated that the new zoning ordinance will include a River and
Creek Overlay District for all contributories to the Roanoke River and clarified that
the zoning ordinance does not acquire land, but restructures how land can be
used; therefore, the zoning ordinance should not be perceived as a means of
taking use of property.
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The City Manager suggested that City staff provide Council with a list of
currently owned City property, acquired easements and rights-of-way, following
which Council could make a decision with regard to establishment of a program
for acquiring property and creation of a Riparian Corridor Overlay District.
Dr. Cutler advised that he would favor City owned land along the Roanoke
River to be designated as park land.
The Vice-Mayor advised that the consensus of Council is that the Riparian
Corridor Overlay District concept should continue to be explored by City staffand
that staff provide additional information with regard to what needs to be done
based on the City's land, while taking into consideration the Comprehensive Plan
and issues regarding zoning, etc.
Mr. Buschor advised that City staffwill present a Council briefing with regard
to those parcels of land that are currently owned by the City and those that should
be pursued in connection with establishment of a Riparian Corridor Overlay
District.
So that all processes will be together, the City Manager suggested that
information also be included in connection with the proposed River and Creek
Overlay District in the new zoning ordinance, in order for Council to see how the
50 foot requirement would affect City owned property, irrespective of easements,
etc.
At ~.:55 p.m., the Vice-Mayor declared the Council meeting in recess until
2:00 p.m., in the Council Chamber, 215 Church Avenue, S. W., City of Roanoke,
Virginia.
The regular meeting of Roanoke City Council reconvened at 2:00 p.m., on
Monday, February 7, 2005, in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with the following Council Members in attendance, with Mayor C. Nelson
Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L McDaniel, Brian J. Wishneff, and Mayor C. Nelson
Harris .............................................................. 6.
ABSENT: Council Member Alfred T. Dowe,Jr. - ....................... 1.
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The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
SISTER CITIES-ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor welcomed
and introduced middle school students from Wonju, Korea, Roanoke's Sister City.
He advised that students were participating in a student exchange program
through William Ruffner Middle School and students from Roanoke's middle
schools will visit Wonju this summer as a part of the exchange program. He
presented the following students with an Honorary Citizen Certificate:
Nam Yun Kyung
Im Jin Sol
Klm Dan Bi
LeeJe Hun
ParkJi Yoon
Jeon Sun Min
Kang Na Ye
Klm Hyung Min
Klm Sung Wook
Klm Jong UI Rim
Ha Seung Hoon
Lee Jae Ho
Park EuiJeong
ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Vice-Mayor Fitzpatrick
offered the following resolution expressing sympathy upon the passing of Hunter
Booker Andrews, former Virginia State Senator, on January 13, 2005:
(#36949-020705) A RESOLUTION memorializing the late Hunter Booker
Andrews, who served as a Senator in the Virginia State Senate for 32 years.
(For full text of Resolution, see Resolution Book No. 69, Page 251.)
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Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36949-
020705. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
The Mayor called for a moment of silence in memory of Mr. Andrews.
ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Cutler
offered the following resolution expressing sympathy upon the passing of Eunice
R. Poindexter on Thursday, January 13, 2005:
(#36950-020705) A RESOLUTION memorializing the late Eunice R.
Poindexter, a Roanoke native and former school teacher, church historian, and civil
rights activist.
(For full text of Resolution, see Resolution Book No. 69, Page 252.)
Council Member Cutler moved the adoption of Resolution No. 36950-
020705. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
The Mayor called for a moment of silence in memory of Ms. Poindexter.
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ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Vice-Mayor Fitzpatrick
offered the following resolution expressing sympathy upon the passing of William
Armand Sowers, on Thursday, January 20, 2005:
(#36951-020705) A RESOLUTION memorializing the late William Armand
Sowers, a long-time Roanoke resident, well-known architectural engineer, and
member of the Planning Commission for 16 years.
(For full text of Resolution, see Resolution Book No. 69, Page 254.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36951-
020705. The motion was seconded by Council Member Cutler and adopted bythe
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
The Mayor presented aceremonial copyofthe above referenced measure to
Mrs. Sowers, and called for a moment of silence in memory of Mr. Sowers.
PROCLAMATION-LIBRARIES: The Mayor presented a proclamation to
Michael W. Ramsey, President, Roanoke Public Library Foundation, declaring the
month of February 2005, as Love Your Library Month.
Council Member Cutler called attention to correspondence from Assistant
City Manager for Community Development, Rolanda B. Russell, advising that the
Comprehensive Library Study is experiencing significant progress in identifying
community needs and concerns, the focus of the study was modified to include a
regional perspective and staffof Roanoke City and Roanoke County is investigating
the viability ora regional library system. He advised that he participated in a field
trip to Phoenix, Arizona, with the Comprehensive Library Study Committee on
February 3 and 4, 2005, nine libraries were visited by the Committee where they
observed great architecture, outstanding programming, particularly for younger
children and teens, and library rooms that were designed by teens for teens which
have proven to be successful. He assured citizens of the Roanoke Valley that the
Library Study is well under way and will lead to an outstanding library system in
Roanoke.
103
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 6, 2004, and Monday, December 20, 2004, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Vice-Mayor Fitzpatrick moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was seconded by
Council Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
EASEMENTS-APPALACHIAN POWER COMPANY-ROANOKE CIVIC CENTER: A
communication from the City Manager requesting that Council schedule a public
hearing for Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in connection with conveyance of an easement across City-
owned property to Appalachian Power Company at the Roanoke Civic Center
facilities, was before the body.
Vice-Mayor Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member McDanieland adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
104
PARKS AND RECREATION-CITY PROPERTY-LEASES: A communication from
the City Manager requesting that Council schedule a public hearing for Tuesday,
February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard,
in connection with lease renewal of the Alexander-Gish House, was before the
body.
The City Manager advised that the original lease of the Alexander-Gish
House at 641 Walnut Avenue, S. W., by the Old Southwest Neighborhood Alliance,
was authorized pursuant to Ordinance No. 24929 adopted on December 10, 1979;
on May 11, 1981, a lease assignment transfer to the Old Southwest Neighborhood
Foundation, Incorporated, was approved by the City Manager; and Old Southwest,
Inc., has resided at the location since December 10, 1979.
It was further advised that the lease expired on December 31, 2004, with no
provision for an automatic renewal; Old Southwest, Inc., has requested a new lease
agreement with similar terms and conditions; and the previous lease contained a
five year term at an annual lease rate of $1.00.
The City Manager recommended that Council authorize the City Clerk to
advertise a public hearing on the above referenced lease for Monday, March 21,
2005, at 7:00 p.m., or as soon thereafter as the matter may be heard.
Vice-Mayor Fitzpatrick moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
BUDGET: A communication from the City Manager recommending that
Council adopt the following Calendar of Events for Budget Preparation Activities for
fiscal year 2005-2006, was before Council.
105
April 11-15, 2005
City Manager briefs City Council on
Recommended budget.
April 14, 2005
Recommended budget document delivered
to City Council members.
April 18, 2005
Recommended budget presented to City
Council at regularly scheduled meeting;
meeting continued to April 28.
April 19, 2005
Advertisements of public hearings on
recommended budget and tax rates appear
in newspapers.
Note:
State Code requires the advertisement of the real property tax rate
for the fiscal year.
April 28, 2005
Public hearings on recommended budget
and tax rates at 7:00 p.m.
May 4 and 5, 2005
Budget Study 8:30 a.m. - 5:00 p.m.
(continuation of May 2 meeting).
May 10, 2005
City Council adopts General Fund, School
Fund, Proprietary Fund budgets and an
Update to the HUD Consolidated Plan and
approves an annual appropriation ordinance
at 2:00 p.m. (continuation of May 2
meeting).
Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of
the City Manager. The motion was seconded by Council Member McDaniel and
adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
106
COMMUNITY PLANNING: A communication from the City Planning
Commission transmitting the 2004 Annual Report, was before Council.
Vice-Mayor Fitzpatrick moved that the Annual Report be received and filed.
The motion was seconded by Council Member McDaniel and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT: A communication
from Bobby Lavender tendering his resignation as a member of the Board of Fire
Appeals, was before Council.
Vice-Mayor Fitzpatrick moved that Council accept the resignation and
receive and file the communication. The motion was seconded by Council Member
McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-PERSONNEL
DEPARTMENT-ROANOKE ARTS COMMISSION-COURT COMMUNITY CORRECTIONS
BOARD-ARCHITECTURAL REVIEW BOARD-YOUTH-BLUE RIDGE BEHAVIORAL
HEALTHCARE-ARTS COUNCIL OF THE BLUE RIDGE: The following reports of
qualification were before Council:
William H. Cleveland as a member of the Court Community
Corrections Program. Regional Community Criminal Justice
Board, for a term ending June 30, 2007;
Francine L. Craven to fill the unexpired term of F. B. Webster
Day, resigned; and Mark H. Hurley to fill the unexpired term of
Cheryl D. Evans, resigned, as members of the Youth Services
Citizen Board, ending May 31, 2006;
107
Vincent G. Dabney as a member of the Blue Ridge Behavioral
Healthcare Board of Directors, for a term ending December 31,
2007;
Donald C. Harwood as a member of the Architectural Review
Board, for a term ending October 1, 2007;
William C. Holland as a member of the Personnel and
Employment Practices Commission, for a term ending June 30,
2007;
William B. Hopkins, Jr., as a member of the Roanoke Arts
Commission, for a term ending June 30, 2007; and
Robert B. Marietta as a member of the City Planning
Commission, for aterm ending December 31, 2008.
Vice-Mayor Fitzpatrick moved that the reports of qualification be received
and filed. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
FIRST CITIES COALITION: Neal Barber, Executive Director, First Cities
Coalition, reviewed the 2005 Legislative Agenda for the organization. He advised
that overarching policies include:
Realign State policies and funding formulas to reduce
disproportionate economic, fiscal and demographic stresses and
disparities on Virginia's fiscally stressed cities;
The State should meet its funding responsibilities for the education of
all students, for public safety, human services, transportation, and the
personal property tax; and
108
The State should actively promote conditions to encourage the
economic health of cities through employment, neighborhood
redevelopment and revitalization of commercial areas.
Legislative Priorities:
Support new State education funding to restore 100% of the 2004
Federal funds deduction (29.1% of funds, $45 million, were not
restored, a loss of $10.7 million to Virginia First Cities. Continue
progress toward fully implementing and funding the State Board of
Education's SOQ update and JLARC recommendations;
Increase funding to assist those students most likely to fail the SOL's.
Funds for at-risk programs should be distributed outside the SOQ
Local Composite Index based on a 4-1 matching ratio;
Eliminate the car-tax funding gap for Spring billing localities; provide
adequate funding for previous year delinquencies and required
system administrative changes;
Dedicate $5 million to the DEQ Brownfield Development Assistance
Fund;
Reauthorize the Enterprise Zone program; increase funding and
expand flexibility;
Eliminate the auxiliary grant local match for Medicaid funded elderly
and disabled residents in assisted living facilities. Program recipients
tend to be concentrated in core cities; and
Support measures which raise Statewide non-general fund taxes and
fees to adequately maintain and expand the transportation network,
especially for maintenance and reconstruction of streets, roads and
bridges, public transportation and rail improvements.
Legislative positions
Education:
Support new State education funding to:
Restore 100% of the 2004 Federal funds deduction; 29.1% of funds
($45 million) were not restored during the 2004 session, a loss of
$10.7 million to the 15 Virginia First Cities;
109
Increase funding to assist those students most likely to fail the SOL's.
Funding for at-risk programs should be distributed outside the SOQ
Local Composite Index based on a 4-! matching ratio;
Continue progress toward fully implementing and funding the State
Board of Education's SOQ update recommendations and the JLARC
education recommendations which are not reflected in the State Board
of Education update; primarily addressing dropped administrative
costs, adequate teacher salaries, capital costs, and prevailing
instructional positions; and
Support adding a density factor to the composite index to more
accurately reflect local ability to pay for education. With a funding
add-on, this inequity could be corrected without other localities losing
education funds.
Tax Restructuring:
Oppose efforts to roll back the tax measures passed in 2004. These
measures generate revenue necessary to support State and local core
services;
Eliminate the car-tax funding gap for Spring billing localities; provide
adequate funding for previous year delinquencies and required
system administrative changes;
The State should continue to consider ways to restructure service
responsibilities to reduce the disproportionate service costs by any
locality for education, public safety, human services and
infrastructure.
Transportation Priorities:
Support measures which raise Statewide non-general fund taxes and
fees to maintain and expand the transportation network; especially for
street, road, bridge maintenance and reconstruction, public
transportation and rail improvements;
Increase the State share of capital and operating funds to preserve
and expand public transportation;
Support State incentives to extend public transportation service to
regional employment centers;
110
Continue to fund street maintenance at least at the same growth rate
as VDOT maintenance, reducing funding disparities between City
street maintenance and State maintained roads;
· Increase bridge repair funding; and
Dedicate funds for intercity passenger rail, if significant new revenues
are raised.
Economic Development:
Dedicate $5 million to the DEQ Brownfield Development Assistance
Fund;
Reauthorize the Enterprise Zone program, increase funding and
expand flexibility;
Dedicate $5 million to the Derelict Structure Fund and Housing
Revitalization Zone Program;
Support legislation to permit localities to provide a partial exemption
from real property taxation for real estate and associated new
structures and improvements in conservation, redevelopment, or
rehabilitation areas;
When State discretionary economic development funds are used in
urbanized areas, require coordination between the Secretary of
Commerce and Trade, the Secretary of Transportation and the locality
to coordinate workforce access transportation plans; and
Support State funding for arts and cultural facilities within cities.
Public Safety:
Full funding for HB 599. According to the Code of Virginia, 599 funds
should increase at same rate as State revenue;
· Ensure gang activity reduction funds are directed to core cities;
Restore Juvenile Justice funds for local detention facilities and halfway
houses. Funding was cut by 50% in 2003;
· Increase Jail Per Diems; and
111
Support an enhancement category in the Virginia Sentencing
Guidelines to increase penalties for offences committed with firearms
in the City of Richmond.
Human Services:
Reduce the local share for localities that have a disproportionate
number of children requiring CSA services;
Increase the State share of administrative costs for the
Comprehensive Services program. This helps to defray local costs of
new data collection requirements and helps to make local program
administration more efficient;
Eliminate the auxiliary grant local match for Medicaid funded elderly
and disabled residents in assisted living facilities. Program recipients
tend to be concentrated in core cities; and
Support increases in Medicaid eligibility levels and reimbursement
rates to keep essential Medicaid services available to needy
populations.
Urban Policy:
The Administration should publish and make publicly available a
report of the findings and recommendations of the Governor's Urban
Policy Task Force prior to December 2004; and
Establish an Urban Policy Commission to track an urban report card
on the health of metropolitan areas and progress toward improving
urban conditions as required by Code Section 2.2-206.
Council Member Wishneff advised that cultural non-State agencies were
placed back in the State's budget, and inquired if such action indicates the
importance of cultural agencies to the development of communities.
Mr. Barber responded that it recognizes that cultural institutions are
important to the communities and the agencies have gone for several years
without State funding; and secondly, funds represent one time appropriations to
be used for improvements to facilities and do not represent a long term obligation
by the State.
112
Council Member Lea referred to legislative priorities regarding Public Safety
which address support of and enhancement to the Virginia Sentencing Guidelines
to increase penalties for offenses committed with firearms in the City of Richmond.
He inquired if other cities may participate in the guidelines because violence
involving crimes where fire arms are used in senseless ways is taking place all over
the country.
Mr. Barber advised that the First Cities Coalition is willing to be an advocate
on behalf of all of its member cities because of the need to have safe streets and
safe communities; it is necessary to address existing crime and to deal with the
perception of crime; many citizens of the region often see cities as being more
crime ridden than they actually are; if one looks at safety over all, rather than just
crime, cities are safer than some of the suburbs, therefore, the challenge is to
convey the message not only in a public sense, but in a legislative sense.
ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, Roanoke
Valley Economic Development Partnership, advised that:
The Regional Partnership was founded in August 1983 by Roanoke
Valley business and government leaders; and the first fix partners
were Botetourt County, Roanoke County, City of Roanoke, City of
Salem and the Town of Vinton;
Craig and Franklin Counties joined the Partnership in 1990; Allegheny
County and the CityofCovingtonjoined in 2004; and the Partnership
is supported by approximately 240 private-sector investors;
The Mission of the Regional Partnership is to successfully recruit new
businesses to the area, while fostering expansion of the existing
industrial base;
Since ].983, there have been $928 million in announced new
investment, 12,090 in announced new jobs and 89 different
companies;
Since 2000, there have been $206.7 million in announced new
investment, 2,657 in announced new jobs and 22 different
companies;
The average cost per job created since 2000 is $].,580.70 (average
salary for the jobs is $27,000.00;
113
For every $1.00 given to the Partnership in the past five years, $49.21
in announced new investment has been created;
For every $1.00 given in the past three years, $16.22 in new payroll
has been created; and
Notable successes include Integrity Windows & Doors, Cardinal Glass,
Novozymes Biologicals, Trinity Packaging and expansions at Maple
Leaf, MW Windows and Arkay.
The Regional Partnership engages in an aggressive market program;
i.e.:
Advertising - 205 ads placed, approximately 1,000
inquiries, and reached 6.5 million readers;
Trade shows - 47 shows, exposure estimated 92,000
companies, eight with New River Valley and Shenandoah
Valley Partnership; and
Marketing Missions include: 16 missions, 160 qualified
leads, 15 suspects, three prospects, eight with New River
Valley Alliance, Toronto, Philadelphia, Cleveland, Detroit,
New York/New Jersey and Northern Florida, Boston,
Northern California, and Pittsburgh
Public Relations - at least 150 placement and reached approximately
six million readers;
Regionalism includes joint marketing with the New River Valley
Alliance (brochure, eight marketing missions and eight trade shows)
and 1-81 Corridor (Shenandoah Valley Partnership); and
The Regional Brand has taken a leadership role and a billboard is on
display at the Roanoke Regional Airport.
Council MemberWishneffinquired as to what action(s) the City could take in
order to receive a better share of potential economic development prospects;
whereupon, Mr. Sparks advised that a goal of the Regional Partnership is to make
frequent appearances before marketing managers of the Virginia Economic
Development Partnership (VEDP); and eight prospects from the VEDP visited the
Roanoke area in 2004 which is an outstanding record inasmuch as some regions in
the State did not have any visits.
114
Mr. Wishneff raised questions with regard to the affect of air service to
Roanoke on economic development. Mr. Sparks responded that he served ona
committee that was appointed to look at economic development in depressed
areas and air service represents an issue for localities outside of the Tidewater
area; there are no discount air carriers in Richmond, Roanoke or Bristol, therefore,
it is necessary to either drive to Dulles, Greensboro, Newport News or Norfolk for
lower cost air service; and addressing discount rate air service is a State wide
issue.
Council Member McDaniel inquired as to what is the one biggest obstacle to
economic development for the Roanoke region. Mr. Sparks responded that the
biggest obstacle is the 2.6 per cent unemployment rate because when an
individual checks the unemployment rate on the web site, there is no opportunity
to explain that persons commute from a 60 mile radius to Roanoke.
Vice-Mayor Fitzpatrick advised that when the Regional Partnership learns of
a project, information is provided to every government that participates in the
Partnership, and the governmental entity decides whether it has a parcel of land,
or an existing building, etc., that might be appropriate for the prospect's need;
however, in the past, it was not handled in that manner, therefore, he commended
current leadership of the Regional Partnership for instituting a more equitable
procedure. He stated that the future of western Virginia depends on local
government and not on the Virginia Department of Economic Development and the
Regional Partnership; therefore, localities must do their homework, determine what
is important to make the localities competitive; one of the most difficult issues is
that one-third of all persons over 25 years of age in this region do not have a high
school education, or a GED diploma, which does not place the localities in the best
position ifa prospective business is looking to relocate; the State will not address
the education problem at the adult level to the extent that it needs to be
addressed; and the issue should be addressed at the local level because of the
direct benefits to the region. He called attention to the importance of first
impressions that will encourage representatives of prospective businesses to visit
Roanoke because at that point the Roanoke Valley will sell itself as a great place to
live and work.
115
Mr. Sparks expressed appreciation to the City Manager for her support of the
Regional Partnership.
The City Manager advised that the Roanoke area needs to do a better job of
marketing itself; as a region and as a City, the Roanoke area is not spending the
kind of dollars that are necessary to showcase Roanoke; and at some point, either
as a single jurisdiction or as a region, a decision will need to be made, whether it
be the Roanoke Valley's own brand or a new Virginia brand, etc.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-STATE HIGHWAYS: The City Manager submitted a communication
advising that in response to declining transportation funding at the State level, the
Virginia Municipal League adopted the following policy Statement at its 2004
annual meeting:
"VML ca/is upon the governor and the Genera/Assembly to make
transportation a primary focus of the 2005 Genera/Assembly session.
Given the failure of the Genera/Assembly to address this issue during
the 2004 session and the consequent decline in transportation
funding, the Commonwealth is experiencing disinvestment in /ts
transportation infrastructure. Absent a major infusion of new and
sustained investment in transportation, Virginia faces a congest/on
and mobility crisis that will strang/e economic growth and profoundly
and negatively affect the quality of life of ail res/dents." (Adopted
October 5, 2004).
It was further advised that recognizing the importance of transportation
within the State and in support of the Statement, a number of local governments
have adopted resolutions to make known to the Governor and to the General
Assembly their opinions on Statewide transportation issues.
116
The City Manager explained that given the improvements needed along the
1-581 and Route 220 corridors within the City limits and with the number of urban
projects included in VDOT's recent update of the Six-Year Improvement Plan,
receipt of funding allocated in the Plan is critical; projects important for the City of
Roanoke include improvements along Wonju Street in the vicinity of Towers Mall,
improvements on 10~h Street, and construction of a connection between Hollins
Road and 13,h Street; and with Statewide transportation needs estimated at more
than $200 billion over the next 20 years, the City of Roanoke should consider all
steps necessary to ensure receipt of funding.
In addition, it was explained that while the direct financial benefits to the
City of Roanoke may be unknown, the transportation industry and municipalities
alike should strongly support an emphasis on transportation funding and
innovative solutions to transportation concerns; and safe, efficient transportation
has a far-reaching effect on many areas of the daily lives of citizens ranging from
economic development, recreation, and quality of life to construction and all
associated support activities.
The City Manager recommended that Council adopt a resolution calling
upon the Governor and the General Assembly to make transportation a primary
focus of the 2005 Session of the Virginia General Assembly.
Council Member Cutler offered the following resolution:
(#36952-020705) A RESOLUTION urging the Governor and the General
Assembly to make transportation a primary focus of the 2005 Session of the
General Assembly.
(For full text of Resolution, see Resolution Book No. 69, Page 255.)
Council Member Cutler moved the adoption of Resolution No. 36952-
020705. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
117
CITY CODE-TAXES: The City Manager submitted a communication advising
that §58.1-3661, Code of Virginia, 1950, as amended, allows the governing body
of any county, city, or town to adopt an ordinance to grant an exemption from
taxation on certified solar energy equipment, facilities, or devices to owners of real
estate to which said equipment, facilities, or devices is attached; and in light of the
C2C housing competition and the potential that a number of houses planned for
construction will incorporate renewable energy systems into designs, it is
appropriate that the City consider an ordinance that will allow an exemption for
persons interested in operating solar energy equipment to heat or cool real
property, which will further signal Roanoke's commitment to preserving its
environment by encouraging the use of alternative energy sources.
A summary of major components of the program is as follows:
The amount of exemption will be determined by applying the
tax rate to the value of the certified solar equipment, facilities,
or devices and subtracting that amount from the total real
estate property tax due on the real property to which such
equipment, facilities, or devices are attached, o_[r if such
equipment, facilities, or devices are taxable as machinery and
tools, from the total machinery and tool tax due on such
equipment, facilities, or devices, at the election of the taxpayer.
(State law requires that localities offer this election to
taxpayers.)
The exemption shall be effective for five years, and can applyto
properties installing new solar equipment, facilities, or devices
as well as to properties with existing solar equipment, facilities,
or devices, and
The exemption will be administered by the Department of
Planning, Building, and Development, the Department of Real
Estate Valuation, the Commissioner of the Revenue's Office,
and the City Treasurer's Office.
The City Manager recommended that Council adopt an ordinance amending
Article II, Real Estate Taxes Generally, Chapter 32, Taxation, Code of the City of
Roanoke, (1979), as amended, by the addition ora new Division 8, Tax Exemption
for Solar Enerqy Equipment, Facilities, and Devices, consisting of §§ 32-103.5 -
32-103.17.
118
Council Member McDaniel offered the following ordinance:
(#36953-020705) AN ORDINANCE amending Article II, Real Estate Taxes
Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended,
by the addition of a new Division 8, Tax Exemption for Solar Energy Equipment,
Facilities and Devices, consisting of §§32-103.5 - 32-103.17, in order to pro¥ide
atax exemption for equipment, facilities and devices designed and used primarily
for the collection and use of incident solar energy for water heating, space heating,
cooling or other application which would otherwise require a conventional source
of energy; and dispensing with the second reading by title paragraph of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 258.)
Council Member McDaniel moved the adoption of Ordinance No. 36953-
020705. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
The City Manager called attention to the cooperation of the City Treasurer
who has agreed to take on additional responsibility to ensure appropriate billing.
CITY CODE-TAXES: The City Manager submitted a communication advising
that in the fall of 2004, Council was briefed on proposed changes for participation
in the City's program that allows tax exemptions for rehabilitation of residential,
commercial, and industrial real property; on October :[8, 2004, Council adopted
recommendations on commercial, industrial, and multi-use property; and Council
requested that the recommendations regarding rehabilitation of residential
property be re-evaluated in coordination with development of the Housing
Strategic Plan.
119
It was further advised that subsequent to the October 18, 2004 Council
meeting, City staff met with the Housing Strategic Planning Steering Committee to
obtain comments and to receive input from K. W. Poore & Associates, Inc.; and
there was further analysis and research of the previous recommendations.
The City Manager explained that as a result, recommended changes to the
residential portion of the program now include:
Eliminating 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,OO0.00, allowing an exemption if the structure is demolished
provided that the replacement structure is a single-family
residence with an assessed value of at least 120 per cent of the
median value of other dwelling units in the neighborhood. The
exemption shall not apply, however, when any structure
demolished is a registered Virginia landmark, or is determined by
the Department of Historic Resources to contribute to the
significance of a registered historic district. Currently, an
exemption shall not apply when any existing structure is
demolished or razed and a replacement structure is constructed.
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 1st of the tax year following
completion of the rehabilitation, renovation, or replacement and
shall only run with the real estate for three years. This will apply
regardless of its historic designation, its location, or the per cent
net reduction in number of dwelling units after rehabilitation.
The City Manager recommended that Council adopt an ordinance amending
and reordaining Division 5, Exemption of Certain Rehabilitated Real Property,
Section 32-95, Eligibility of residential real property, and Section 32-100,
Demolition, Chapter 32, Taxation, Code of the City of Roanoke (1979), as
amended, by amending the eligibility requirements for tax exemption as above
described.
120
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36954-020705) AN ORDINANCE amending and reordaining §32-95,
Eligibility of residential real property, and §32-100, Demolition, Division 5,
Exemption of Certain Rehabilitated Real Property, Chapter 32, Taxation, Code of
the City of Roanoke (1979), as amended, by amending the eligibility requirements
for tax exemption; establishing a limitation on number of years certain exemptions
can exist, and by adding an exception to the applicability of exemptions for real
property on which demolition of structures have occurred; and dispensing with the
second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 262.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36954-
020705. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
BUDGET-EMERGENCY MEDICAL SERVICES: The City Manager submitted a
communication advising that the Virginia Department of Health, Office of
Emergency Medical Services, administers a Rescue Squad Assistance Fund (RSAF)
grant program which is awarded twice annually; Roanoke Fire-EMS applied in
September 2004 for the grant in order to purchase 12 Lead EKG and Mass Casualty
Equipment; the 12 Lead EKG equipment will be used to pilot test, in partnership
with Carillon Health Systems and Lewis Gale Hospital, the benefits of performing
12 lead EKGs pre-hospital; and Mass Casualty Equipment will be used to update
the City's Mass Casualty Incident trailer capability and modernize the equipment in
light of today's needs.
It was further advised that in January 2005, the State Office of Emergency
Medical Services awarded Roanoke Fire-EMS a grant of $25,000.00 for the project,
requiring $13,000.00 in matching funds; matching funds for the grant will be
provided from the following outside sources: $4,500.00 from Carillon Health
Systems, $4,500.00 from Lewis Gale Hospital and $4,000.00 from the Near
Southwest Virginia Prepareness Alliance; and local cash funding from the City of
Roanoke is not required.
121
The City Manager recommended that Council accept the grant and
appropriate State grant funds of $25,000.00 and local contributions of
$].3,000.00, with corresponding revenue estimates in accounts to be established
by the Director of Finance in the Grant Fund; and authorize the City Manager to
execute any required grant agreements or documents to be approved as to form
by the City Attorney.
Council Member McDaniel offered the following budget ordinance:
(#36955-020705) AN ORDINANCE to appropriate funding for the Rescue
Squad Assistance Fund 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 264.)
Council Member IVlcDaniel moved the adoption of Ordinance No. 36955-
020705. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
Vice-Mayor Fitzpatrick offered the following resolution:
(#36956-020705) A RESOLUTION authorizing the acceptance of the Rescue
Squad Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virginia
Department of Health, Office of Emergency Medical Services, and authorizing the
execution and filing by the City Manager of the conditions of the grant and other
grant documents approved as to form by the City Attorney.
(For full text of Resolution, see Resolution Book No. 69, Page 264.)
122
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36956-
020705. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase the
apprehension, prosecution and adjudication of persons committing violent crimes
against women; the program, "Virginia Services, Training, Officers, Prosecution
Violence Against Women" (V-STOP) has funded the establishment of a Domestic
Violence Unit within the Police Department since 1999; the Domestic Violence Unit
collects and interprets relevant domestic violence offense data which allows
proactive case intervention and cultivation of the cooperative working relationships
with clients and service/adjudication agencies; and the program produces more
equitable victim-offender criminal justice dispositions related to domestic violence
offenses.
It was further advised that on December 16, 2004, DCJS awarded the Police
Department $34,703.00 to employ a full-time, non-sworn Domestic Violence
Specialist, thereby allowing continuation of the Domestic Violence Unit in calendar
year 2005; the required City in-kind match of $11,567.00 will be met through
salary paid to current Police Department personnel; there is no required local cash
match due to an increase of less than one per cent in the grant award amount over
last year; and the Police Department will be required to provide a cash match of
$4,712.00 to continue to fully fund the salary portion of the Domestic Violence
Specialist, which is available in the Police Department's operating budget.
The City Manager recommended that Council accept the V-STOP grant and
authorize execution of the grant agreement and any related documents, in a form
to be approved by the City Attorney; appropriate State grant funds of $34,703.00
and local cash funds of $4,712.00, with corresponding revenue estimates in
accounts to be established by the Director of Finance in the Grant Fund; and
transfer funds in the amount of $4,712.00 from Account No. 035-640-3302-2035
to provide local cash funds.
123
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#36957-020705) AN ORDINANCE to appropriate funding for the Police
Department Domestic Violence 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 265.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36957-
020705. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
Vice-Mayor Fitzpatrick offered the following resolution:
(#36958-020705) A RESOLUTION accepting the Virginia Services, Training,
Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City
by the Virginia Department of Criminal Justice Services and authorizing execution
of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 69, Page 266.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36958-
020705. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
124
BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager
submitted a communication advising that the Department of Social Services
Employment Services Unit has experienced a 50 per cent increase in its Virginia
Initiative for Employment Not Welfare (VIEW) caseloads over the past seven months
which is attributed to a regional economy that continues to be difficult for the
population that Roanoke serves, that often consists of individuals with a poor work
history and limited skills that impede employability; cases also remain open for a
longer period of time for similar reasons; it is evident that there are more clients
with difficult and sometimes hidden barriers, such as mental health problems and
substance abuse issues that require more attention and more intense services; and
due to these factors, the department is experiencing an increased need for
assessments, treatment and other purchased services that help enable customers
to become more viable candidates for employment.
It was further advised that the foster care unit in the Social Services
Department (and typically throughout Virginia and the nation) experiences
tremendous staff turnover and burnout; demands on foster care social workers are
ever increasing; issues facing foster children and their families are much more
complex compared to the past, and interventions require substantial staff time in
order to be successful; and the Roanoke Interagency Council has identified staffing
concerns as a significant problem, and is developing several strategies to address
staffing levels and staff competency.
It was explained that State funds for VIEW services pay 100 per cent of all
program costs, including direct services for clients, equipment needs and staff
salaries and benefits; the State budget for the VIEW program is in excess of the
City's adopted budget for Employment Services; there is an additional
$:[26,500.00 in fiscal year 2005 State funding available for use by the VIEW
program; funds can be used to hire two additional employment service workers,
purchase the necessary equipment and workspace reconfigurations, as well as
meet the increasing needs for purchased services such as work assessments and
supplies that are necessitated by the larger client caseload; and incremental
personnel cost increase for the remainder of fiscal year 2005 is $13,575.00, with
the full year's cost being $80,244.00.
It was further explained that the VDSS has allocated City funds this year
under the Promoting Safe and Stable Families (PSSF) program that will fund a part-
time foster care social worker; and the incremental personnel cost increase for the
remainder of fiscal year 2005 is $6,687.00, with the full year's cost being
$20,061.00.
125
The City Manager recommended that Council take the following actions:
Authorize the Department of Social Services to increase staff
complement by two full-time employment services workers (grade 11)
and one part-time social worker (grade 11) for foster care.
Authorize the Director of Finance to increase the revenue estimate for
Employment Services, Account No. 001-110-1234-0681, by the
amount of $69,175.00, and appropriate funds to the following
accounts:
001-630-5316-1002
001-630-5316-1005
001-630-5316-1116
001-630-5316-1120
001-630-5316-1125
001-630-5316-1126
001-630-5316-1130
001-630-5316-1131
001-630-5316-2020
001-630-5316-3160
001-630-5316-2035
(Regular Employee Salaries) $
(City Retirement) $
(ICMA Match) $
(FICA) $
(Medical Insurance) $
(Dental Insurance) $
(Life Insurance) $
(Disability Insurance) $
(Telephone) $
(Purchased Services) $
(Expendable Equipment) $
10,001.00
977.00
225.00
782.00
1,180.00
78.00
114.00
26.00
120.00
43,222.00
12,450.00
TOTAL $ 69,175.00
Authorize the Director of Finance to transfer $6,803.00 from Account
No. 001-630-5314-3160 (Purchased Services) to the following
accounts:
001-630-5314-1002
001-630-5314-1005
001-630-5314-1116
001-630-5314-1120
001-630-5314-1125
001-630-5314-1126
001-630-5314-1130
001-630-5314-1131
(Regular Employee Salaries) $ 5,000.00
(City Retirement) $ 488.00
(ICMA Match) $ 225.00
(FICA) $ 391.00
(Medical Insurance) $ 590.00
(Dental Insurance) $ 39.00
(Life Insurance) $ 57.00
(Disability Insurance) $ 13.00
TOTAL $ 6,803.00
126
Council Member Cutler offered the following budget ordinance:
(#36959-020705) AN ORDINANCE to appropriate funding from the
Commonwealth for increased staffing in the Department of Social Services,
amending and reordaining certain sections of the 2004-2005 General Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 267.)
Council Member Cutler moved the adoption of Ordinance No. 36959-
020705. The motion was seconded by Council MemberMcDaniel.
Council Member Cutler referred to an additional appropriation of
$500,000.00 in Social Services expenses, or reimbursement to the City of Roanoke
by the Commonwealth of Virginia; whereupon, the City Manager advised than the
additional reimbursement from the State was previously considered as a non
reimbursable; as of the end of the first six months, the City has significantly
decreased the amount of non reimbursables for the current fiscal year and
significant progress is being made.
Ordinance No. 36959-020705 was adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
GREENWAY SYSTEM-STATE HIGHWAYS: The City Manager submitted a
communication advising that a Memorandum of Understanding (MOU) has been
negotiated that would establish a cooperative effort between the Virginia
Department of Transportation (VDOT) and the City of Roanoke for the temporary
use of non-limited access rights-of-way along 1-581 between the Orange Avenue
interchange and Walker Avenue on the west side of 1-58].; the Agreement is for the
temporary placement of a portion of the Lick Run Greenway on the VDOT non-
limited access rights-of-way, pending future roadway corridor modifications; the
Memorandum of Understanding requires Council to requestVDOT's permission to
temporarily place a portion of the greenway on VDOT's non-limited access 1-58].
rights-of-way; and Council will be requested to agree to have the City of Roanoke
pay all costs associated with removing the greenway at such time as future
roadway corridor modifications necessitate removal, if and when removal is
requested by VDOT.
127
The City Manager recommended that she be authorized to execute the
Memorandum of Understanding dated January 20, 2005, subject to approval as to
form by the City Attorney, between the City of Roanoke and the Virginia
Department of Transportation for temporary use of non-limited rights-of-way
along 1-58:1 between the Orange Avenue interchange and Walker Avenue on the
west side of 1-58:1; and that the City Manager be authorized to take such further
action as may be necessary to implement and comply with such Memorandum of
Understanding, including removal of the greenway, if such becomes necessary.
Vice-Mayor Fitzpatrick offered the following resolution:
(#36960-020705) A RESOLUTION approving a Memorandum of
Understanding (MOU) between the Virginia Department of Transportation (VDOT)
and the City of Roanoke for the temporary use of non-limited access rights-of-
way along 1-581 in connection with the Lick Run Greenway; authorizing the City
Manager to execute such MOU; and authorizing the City Manager to take such
further action as may be necessary to implement and comply with such MOU.
(For full text of Resolution, see Resolution Book No. 69, Page 268.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36960-
020705. The motion was seconded by Council Member Cutler.
The City Manager was requested to provide further clarification of the
recommendation and a time frame for greenway completion; whereupon, she
advised that the matter involves the completion of Phase II of the Lick Run
Greenway which begins at Valley View Mall and currently ends at Andrews Road
and will involve the crossing of 10'" Street through two parks to include
Washington Park. She stated that with approval by the Virginia Department of
Transportation (VDOT), the project will cross Orange Avenue, go behind the
Holiday Inn Express and several other businesses, and pick up the greenway on
Second Street along the creek bed. Without VDOT's approval, she added that the
greenway would have been constructed on concrete or sidewalk for the entire way,
therefore, this is a significant enhancement of the greenwayitself; and since VDOT
has given its approval, the project will be bid as soon as possible with construction
and completion of the greenway anticipated to occur during the current calendar
year.
128
Resolution No. 36960-020705 was adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
STATE HIGHWAYS-RAIL SERVICE-INDUSTRIES: The City Manager submitted a
communication advising that FreightCar Roanoke, Inc., is locating a facility in the
former Norfolk Southern East End Shops in the City of Roanoke to produce
aluminum railroad cars; the site needs upgrades to the rail lines costing in excess
of $2,000,000.00; FreightCar Roanoke, Inc., has approached the City of Roanoke
to support FreightCar's application to the Virginia Department of Rail and Public
Transportation (DRPT) Railroad Industrial Access Program for funds to help defray
a portion of the cost; the application must be supported by the City and
accompanied by a resolution from the local governing authority in support of the
application; and the City of Roanoke will not incur any monetary obligation to
provide any part of the funds.
It was further advised that the Company will invest $5.545 million and hire
400 employees in the next 30 months; FreightCar Roanoke, Inc., is the same
company receiving a $200,000.00 Governor's Opportunity Fund (GOF) Grant,
which GOF amount will be matched by the City; as part of the project, the
Company is requesting $300,000.00 in Industrial Access Railroad Track Funds
from the Department of Rail and Public Transportation (DRPT); and, in addition, if
the Company spends an additional $300,000.00 in upgrading the railroad track,
the Company is requesting DRPTto grant additional monies equal to $150,000.00.
The City Manager recommended that Council adopt a resolution in support
of the application; authorize the City Manager to execute and/or provide
appropriate documents for the Virginia Department of Rail and Public
Transportation for the Railroad Industrial Access Program, in connection with the
application of FreightCar Roanoke, Inc., to assist the Company in obtaining up to
$450,000.00 in Program funds and to State the City's support for FreightCar
Roanoke, Inc., to receive such Program funds from the Commonwealth of Virginia.
129
Vice-Mayor Fitzpatrick offered the following resolution:
(#36961-020705) A RESOLUTION supporting the application or other
documents to be filed with the Virginia Department of Rail and Public
Transportation by FreightCar Roanoke, Inc., for up to $450,000.00 in Industrial
Access Railroad Track Funds and to State the City's support for FreightCar
Roanoke, Inc., receiving such funds.
(For full text of Resolution, see Resolution Book No. 69, Page 269.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36961-
020705. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
CITY A'I-I-ORN EY:
INDUSTRIES-LEASES: The City Attorney submitted a written report advising
that the City entered into a Lease and Option to Purchase Agreement on July 7,
1983, with Cooper Industries, Inc., with regard to Parcels 2 and 6 at the Roanoke
Centre for Industry and Technology (RCIT); pursuant to the Agreement, Cooper
Industries leased Parcel 2 with the right to purchase for 40 years, and was given
the right to lease or purchase Parcel 6 for the same time period; and Cooper
Industries, Inc., has requested that the City agree to the assignment of the 1983
agreement to a newly-created subsidiary, Cooper Crouse-Hinds, LLC.
The City Attorney further advised that the City Manager concurs in the
request.
Vice-Mayor Fitzpatrick offered the following ordinance:
130
(#36962-020705) AN ORDINANCE authorizing execution of a Consent to
Assignment and endorsement of an Assignment and Assumption Agreement
whereby the City of Roanoke approves the assignment and assumption by Cooper
Industries, Inc., of its right, title and interest in, to and under a certain lease and
Option to Purchase to Cooper Crouse-Hinds, LLC; and dispensing with the second
reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 69, Page 270.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36962-
020705. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ........................................................ 6.
NAYS: None ..................................................... O.
(Council Member Dowe was absent.)
VALLEY VIEW MALL: The City Attorney submitted a communication advising
that the City plans to sponsor Citizen Appreciation Day at Valley View Mall on April
30, 2005; the new owners of Valley View Mall, CBL&Associates Management, Inc.
require that the City execute an agreement containing a provision which requires
that the City agree to indemnify and hold harmless CBL and to defend CBL in the
event that anyone is injured or anything is damaged during the City's use of the
premises; and only Council can waive the City's sovereign immunity and agree to
such provision, which provision CBL has refused to delete.
Council Member McDaniel offered the following resolution:
(#36963-020705) A RESOLUTION authorizing the waiver of the City's
sovereign immunity in connection with the city's use of Valley View Mall for Citizen
Appreciation Day, and authorizing execution of an agreement with Valley View
Mall, LLC, through its agent, CBLAssociates Management, Inc., in connection with
such use of Valley View Mall.
(For full text of Resolution, see Resolution Book No. 69, Page 271.)
131
Council Member McDaniel moved the adoption of Resolution No. 36963-
020705. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff, and
Mayor Harris ......................................................... 6.
NAYS: None ..................................................... 0.
(Council Member Dowe was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of December 2004.
There being no questions or comments, without objection by Council, the
Mayor advised that the Financial Report for the month of December would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTION AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION: Vice-Mayor Fitzpatrick, Chair, Legislative Committee,
reviewed the status of the following legislative issues:
The transit company sales tax exemption was approved by the
House Finance Committee by a 21 - i vote, and the Senate
version of the bill has been approved which allows Valley Metro
to again be tax exempt.
132
For the second year, the Senate has approved funds for
relocation of the Health Department; and the House of
Representatives did not include funds, but allocated $2.9
million in the General Fund for four additional community crisis
stabilization units.
For cultural agencies, the House approved $4,900,000.00 for
the Art Museum and the Senate approved $1 million; Center in
the Square received $300,000.00 in the Senate and
$:100,000.00 in House; Explore Park received $400,000.00 in
the Senate and $75,000.00 in the House; Mill Mountain Zoo
received $50,000.00 in both the Senate and the House, and the
Virginia Museum of Transportation received $400,000.00 in the
Senate and $50,000.00 in the House.
CITY TREASURER-TAXES: At the request of the Mayor, the City Treasurer
announced that on Monday February 14, 2005, the City of Roanoke and the City
Treasurer's Office will go live with the first e-government check on the City's web
site at Pay Taxes and Bills; all data included on the e-government check will be
encrypted and secure; and the e-government check is aconvenient, safe and free-
of-charge service that will be provided to Roanoke's taxpayers. She expressed
appreciation to the City's Department of Technology for its assistance in
establishing the on-line program.
The Mayor and Vice-Mayor commended the CityTreasurer on the quality of
service that her office provides to the citizens 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.
COMPLAINTS-LANDMARKS/HIST. PRESERVATION-GRANTS: Ms. Helen E.
Davis, 35 Patton Avenue, N, E., advised that history reveals that African-American
citizens experienced a major portion of northeast Roanoke having been taken for
urban renewal; the same lust for land extended into northwest Roanoke when an
133
entire neighborhood was demolished for the Coca-Cola Bottling Plant, where
numerous homes were torn down and two intrusive roads were built for the quick
movement of traffic to and from downtown. She stated that struggles continue in
the predominantly black neighborhoods and policies of the City of Roanoke have
not been responsive or fair to the concerns and needs of African-American
communities. She advised that sizeable amounts of taxpayers' money were spent
or are under consideration to be spent for the Grandin Theatre, the O. Winston
Link Museum, upscale housing at 8 North Jefferson Place, and trolleys for the
Jefferson Street corridor only, etc. She stated that no effort was made to work with
representatives of Carillon Health Systems to seek historic designation for the
preservation of Burrell Nursing Center, nor was help offered to save the Harrison
Museum of African-American Culture; and the Gainsboro Steering Committee
previously requested funds to assist the Oliver White Hill Foundation toward
preservation of the former home of Oliver Hill on Gilmer Avenue, but the request
was denied. She stated that there appears to be a lack of concern for black history
and the accomplishments of African-Americans, such as Oliver White Hill, who
grew up in Roanoke on Gilmer Avenue and became one of America's premier civil
rights lawyers.
CITY MANAGER COMMENTS:
TAXES-REAL ESTATE VALUATION: The City Manager recognized and
commended the assistance of the Director of Real Estate Valuation in connection
with amendments to the Tax Exemption Program for rehabilitated real property
which was approved by Council earlier in the meeting.
ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES-SNOW REMOVAL: The City
Manager commended the work of City employees in connection with the clearing
of City streets following recent snow and ice events.
ACTS OF ACKNOWLEDGMENT-RECYCLING: The City Manager commended
the citizens of Roanoke for their efforts in connection with recycling, and reported
that for another month, the City will pay no disposal fee for recyclable materials.
VIRGINIA MUNICIPAL LEAGUE: The City Manager advised that a dinner was
held on Thursday, February 3, 2005, in Richmond, Virginia, as a part of Virginia
Municipal League Legislative Day activities, which was attended by representatives
of not only the City of Roanoke and Roanoke County, but representatives of the
New River Valley. She reported that regionalism continues to grow in the Roanoke
Valley.
134
LANDMARKS/HIST. PRESERVATION: In response to the remarks previously
made by Ms. Helen E. Davis, the City Manager advised that on numerous occasions
the City administration has indicated awillingness to submit a recommendation to
Council that the City will participate in the purchase of the Oliver White Hill house
on Gilmer Avenue at such time as matching funds and a plan for maintenance of
the structure are submitted by the Oliver White Hill Foundation.
At 4:00 p.m., the Mayor declared the Council meeting in recess for four
Closed Sessions.
At 5:05 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, with exception of Mayor Harris and
Council Member Dowe, Vice-Mayor Fitzpatrick presiding.
(Mayor Harris left the meeting during the Closed Session.)
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Cutler moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Cutler, Lea, McDaniel, Wishneff, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Council Member Dowe and Mayor Harris were absent.)
At 5:03 p.m., the Vice-Mayor Fitzpatrick declared the Council meeting in
recess until Friday, February 18, 2005, at 9:30 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., for the Council's Annual Financial
Planning Session.
135
The Monday, February 7, 2005, meeting of Roanoke City Council reconvened
on Friday, February 18, 2005, at 9:30 a.m., in Room 159, Noel C. Taylor Municipal
Building, 2].5 Church Avenue, S. W., for the Council's Annual Financial Planning
Session.
PRESENT: Council Members M. Rupert Cutler, Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson
Harris ............................................................. 6.
ABSENT: Council Member Alfred T. Dowe,Jr.- ....................... ]..
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
OTHERS PRESENT: TroyA. Harmon, Municipal Auditor; George C. Snead,Jr.,
Assistant City Manager for Operations; Ann H. Shawver, Deputy Director of
Finance; and Sherman L. Stovall, Director of Management and Budget.
The City Manager advised that the Financial Planning Session is held on an
annual basis in order for staff to provide information to the Council on the budget
outlook for the upcoming budget cycle. She stated that input by Council is needed
as early as possible in the process once staff has an idea of what State revenue
looks like. She added that there does not appear to be as many road blocks to
local funding at the General Assembly level this year, compared to last year,
particularly since it is known that the car tax issue has failed for this year. Unlike
previous years, she stated that this year, outside organizations have been
requested to present budgets and justification for funds that have been requested
from the City.
The City Manager explained that because a certain amount of funds is
dedicated to the payment of debt service in the operating budget, staffwould also
address the Capital Improvement Program, as well as operating budget issues.
Mr. Stovall advised that the agenda for the day would focus on five elements
of budget development for fiscal year 2005-2006, specifically revenue and
expenditures assumptions and relevant issues, capital projects, looking back
historically, current projects, and looking to the future. He stated that staff would
also review the debt for capital projects, including current and future debt service,
as well as review debt capacity, the status of balancing the fiscal year 2006 budget
and issues regarding the dedicated use of capital fund interest earnings and a
budget stabilization policy.
136
The Director of Finance reviewed projected revenue growth for fiscal year
2005-2006:
Real Estate Tax
Personal Property Tax
Sales Tax
Business License Tax
Prepared Food Tax
Other Local Taxes
Intergovernmental
Charges for Services
Other Revenues
Total
$5,280,000.00
(1,346,000.00)
246,000.00
17,000.00
498,000.00
326,000.00
1,877,000.00
15,000.00
(84,000.00)
$6,829,000.00
Mr. Stovall advised that the budget outlook for fiscal year 2005-2006 is
generally positive, when compared to this time last year, with a number of
challenges to overcome; challenges include maintaining and enhancing service
levels, capital funding and employee compensation, and City departments were not
asked to submit budgets with expenditure reductions.
A chart was reviewed indicating no changes in the following local tax rates:
Local Tax Tax Rate
Real EState Tax
Personal Property Tax
Cigarette Tax (20 per pack)
Transient Room Tax
Admissions Tax
E-911 Tax
Motor Vehicle License
Prepared Food & Beverage Tax
Short Term Rental Tax
$ 1.21 per $100.00
$ 3.45 per $100.00
$ 0.27
7%
9%/5.5%
$ 2.00
$2O.00
4%
1%
Question was raised with regard to the no car tax legislation that capped the
reimbursement to localities which will impact the City of Roanoke in fiscal year
2007. The Director of Finance advised that the State's budget that goes to fiscal
year 2006 includes enough money to fully reimburse localities in that particular
fiscal year and primarily affects the "spring filers" or those localities that have their
tax due date set in the spring. He stated that the City can accrue funds owed into
fiscal year 2006, so the primary impact is that the City of Roanoke will not receive
about $7 million of cash that would normally be received in the May - June
timeframe, but will be moved forward to July or August 2007; therefore, the
biggest impact on the City of Roanoke will be the loss of cash flow for about two
months at three per cent interest, or approximately $15,000.00 - $20,000.00.
137
Question was raised as to how many years are left on the Hotel Roanoke
Conference Center bonds; whereupon, the Director of Finance advised that he
would research the question and respond at a later time.
Mr. Stovall reviewed priority funding items for fiscal year 2006.
Continue sharing of local tax revenues with Roanoke City Public
Schools based on the current formula of 36.42 per cent of local
taxes - $1.8 million.
He advised that the funding formula has served the City well over the years
and has also served as a mechanism to keep the governing body and the school
division from debating about the level of local support for the school division; and
the formula has failed in that it does not take into consideration the level of
funding that is provided to the schools in support of capital projects.
The Mayor advised that in conjunction with the City Manager and the
Director of Finance, he would like to initiate a discussion with the Chair of the
School Board, the School's Chief Financial Officer, and the new Superintendent of
Schools with regard to how to accommodate the amount contributed by the City
toward capital projects and debt service, etc., as a part of the funding formula
equation.
· Increase in contribution rate for Employee Retirement System
(9.56% to 12.61%) - $1.6 million
· Increase in cost of Employee Health insurance - $.4 million
There was discussion with regard to the City and the Schools participating in
an employee health insurance program and other consolidation of services and
programs; whereupon, the City Manager advised that a study would be initiated if
the Council and the School Board would instruct their respective administrations to
engage in an evaluation and investigation of certain services.
During the monthly breakfast meetings, the Mayor advised that a number of
issues have been discussed; i.e.: health insurance, human resources, finances,
general services, building maintenance, fleet maintenance, etc., however, there is
some hesitation in moving forward until the new Superintendent of Schools can be
involved in the discussions.
138
Continue progress in providing competitive Employee
Compensation; pay raise of 4% required to remain competitive -
$3.1 million
Continue building debt capacity for planned capital projects - $.6
million.
Increase in funding for community agencies based on growth in
discretionary revenue.
Maintaining and enhancing service levels
Other priority funding needs for fiscal year 2006 to fiscal year
2007 include:
Continue City Council's priority to budget recurring funding in
the operating budget for equipment replacement, building
maintenance, paving and technology needs
Equipment Replacement
Current Funding Goal - $2.5 million by fiscal year 2007
$185,000.00 increase in fiscal year 2006 to $1,760,000.00
Reallocation of funding currently dedicated to vehicle lease will
facilitate reaching the target by fiscal year 2008
Target may need to be revised to $3 million
Capital Maintenance of Buildings
Funding goal - $750,000.00 by fiscal year 2007
$130,000.00 increase in fiscal year 2006 to $620,000.00
Key Financial Assumptions Expenditures:
Other priority funding needs for fiscal year 2005 to fiscal year
2007
139
Paving Program:
Funding goal - $2.5 million by fiscal year 2007
$135,000.00 increase in fiscal year 2006 to
$2,364,952.00
Technology- Financial Systems Replacement Project
Current funding goal - $1.0 million by fiscal year 2007
$165,000.00 increase in fiscal year 2006 to $841,247.00
Funding dedicated to financial application integration
project through fiscal year 2008
Based on current staging of financial application
integration project, there is a funding gap of $2.6 million
Based on revised assessment of technology needs, target
needs to be revised to $2 million
Increased funding over the next four to five years to
meet the revised target.
Looking back, Mr. Stovall reviewed the 1999 bond issue totaling $36.1
million:
· Elementary/Middle School improvements - $5 million
· Buildings - $7.8 million
Jefferson Center- Phase II Performance Hall - $1.6 million
Police Building Phase I - $3.5 million
Roanoke Higher Education Center - $2.5 million
Miscellaneous Improvements - $.2 million
140
· Economic Development - $10.3 million
Roanoke Centre for Industry and Technology - $2.5 million
Johnson and Johnson - $7.6 million
Signalization Airport Road/Towne Square Blvd. - $.2 million
· Park Improvements - $4.7 million
· Storm Drains - $2.3 million
· Bridge Projects - $2.3 million
· Streets and Sidewalks - $3.7 million
Curb, Gutter and Sidewalk Program - $1.7 million
Street Improvements - $2.0 million
It was noted that at the March 2000 Financial Planning Session, Council
began planning for future capital projects, including discussion of the renovation
of the first of two high schools; Council concurred in a recommendation to add
$570,000.00 in debt service funding on an annual basis to build debt capacity for
future projects, including the first high school; and Council agreed with a
recommendation to include additional debt service funding in fiscal year 2001,
above the $570,000.00 for Victory Stadium and the Riverside Centre.
it was further noted that at the March 2001 Financial Planning Session,
Council continued to plan for capital projects and the next bond issue, and
discussed the following projects:
Police Building - Phase II
Riverside Centre
Art Museum
Park Master Plan/Multi-purpose Recreation Center
Rail Passenger Station
Human Services Building
141
Civic Center Improvements - Phase I
Roanoke River Flood Reduction
Greenways
YMCA Aquatic Center
Patrick Henry High School
William Fleming High School
Roanoke Academy for Mathematics and Science
Crystal Spring Filter Plant
Water Pollution Control Plant
Mr. Stovall advised that Patrick Henry High School improvements increased
from $35 million to $38 million and the cost of the William Fleming High School
project was established at $40 million; the consensus of Council at that time was
that there was a need to identify a funding source for the City's share of the debt
service that would be required for William Fleming; and at that time the meals tax
was identified as the possible source to fund debt service for William Fleming. He
stated that these planning efforts resulted in the 2002 bond issue which totals
approximately $56.2 million and included funding for:
Schools - $4.6 million
Roanoke Academy for Mathematics and Science
Roanoke River Flood Reduction - $7.5 million
Economic Development - $14.5 million
Gainsboro Parking Garage - $2.5 million
Riverside Centre for Research and Technology - $12 million
Curb, Gutter and Sidewalk - $5 million
Civic Facilities - $19.2 million
Stadium/Amphitheater- $17 million
Roanoke Civic Center Phase I - $2.2 million
Crystal Spring Filtration Plant - $5.4 million
142
Mr. Stovall advised that during the March 2002 and March 2003 Financial
Planning Sessions, Council discussed new capital projects under consideration and
the planned issuance of debt and use of cash funding; and projects discussed
included:
Civic Center Phase II
Fire-EMS Facilities
Public Works Service Center
Municipal North Renovation
Storm Water Management
Elementary School Renovations
Council subsequently authorized debt issuance for Civic Center
Phase II and Patrick Henry High School.
Mr. Stovall advised that Council also discussed the increase in cost of the
Patrick Henry High School project from $38 million to $46.7 million and the
William Fleming High School Project from $40 million to $44.7 million, and Council
subsequently authorized the debt issuance forthe Civic Center Phase II project and
the Patrick Henry High School project.
In March 2004, he stated that Council finalized projects to be included in the
next bond issue, as well as projects to be cash funded; agreed to delay and move
to out years the planned issuance of debt based on project status and focus on
minimizing the increase in required debt service for the Art Museum, Multi
Purpose Recreation Center and Roanoke River Flood Reduction; reviewed a
potential increase in the cost of high school projects and subsequently agreed to
an increase in the cost of the two high school projects - $:~3.5 million.
Also at the March 2004 Financial Planning Session, he Stated that Council
agreed to move forward with Phase II of the Civic Facilities project, with the
assumption that the General Fund would absorb a portion of the cost of debt
service given the pending status of the Victory Stadium/Amphitheater project, and
subsequently Council authorized the issuance of debt for the Riverside Center for
Research and Technology- $5.5 million, Patrick Henry High School - $8.7 million
(additional funding required), Police Building Phase II - $6.7 million and Fire-EMS
Facilities - $4.4 million.
143
For fiscal year 2004-2005, Mr. Stovall advised that an issuance of $79.7
million was planned. Patrick Henry High School - $46.8 million, Riverside Center-
$5.5 million, Police Building Phase II - $6.7 million, Fire-EMS FacilitY/ - $4.4
million, Downtown West Parking Garage - $2 million, and Civic Center Phase II -
$14.3 million; and issued $46 million of the planned $79.7 million based on cash
flow needs, with the remaining $33.7 million to be issued during fiscal year 2005-
2006, which reduced the amount of debt service that would be needed in the
upcoming fiscal year.
Current CIP for fiscal year 2005-2009 reflects the following investment by
the City:
Buildings and Facilities:
Fire/EMS Facilities - $9.9 million
Municipal North Renovation - $2.0 million (cash funded)
Police Building - Phase II - $7.1 million
Public Works Service Center - $2.0 million (cash funded)
Civic Facilities Phase II - $15.7 million
Victory Stadium - $18.2 million
Market Building - $2.! million (cash funded)
Economic Development:
Art Museum - $4.0 million
Church Avenue West Parking Garage - $7.2 million
Riverside Center for Research and Technology- $2Z.6 million
Roanoke Centre for Industry and Technology - $4.9 million
Flood Reduction:
Roanoke River Flood Reduction -$64.3 million
Parks:
Greenways - $3.4 million
Neighborhood Park Improvements - $2.8 million
Multi-Purpose Recreation Center - $7 million
Schools:
Elementary School Improvements - $Z0.6 million
High School Facility Improvements - $91.5 million
144
Storm Drains:
Neighborhood Storm Drains - $4.0 million
Streets, Sidewalks and Bridges:
Bridge Renovation Program - $2.1 million
Curb, Gutter and Sidewalk Program - $6.6 million
Martin Luther King Bridge - $2.3 million (Primarily cash
provided)
When looking to the future, Mr. Stovall advised that Council was previously
briefed on the status of existing projects that require additional funds:
Fire/EMS Facilities - Phase I
Borrow funding from Roanoke River Reduction Project and
repay over three years from additional Fire/EMS revenues
Public Works Service Center - Phase III - $3 million with the intent that
the project will consist of 5 - 6 phases
Municipal North - budgeted at $2 million and may need additional
funding; i.e.:
Funding currently budgeted will accommodate the planned
relocation of City offices to Municipal North, but will not
accommodate the total renovation of Municipal North.
Potential new capital projects include:
Streetscapes and Traffic Calming - $250,000.00 (per year)
beginning in fiscal year 2006 - 2011
Library Facility - planning study results to be presented on
April 12, 2005
Jail HVAC and Security - $2.5 million
Courthouse Renovation/Expansion
Housing Strategies
Upgrade of Radio system - $10 million
145
The City Manager advised that the Roanoke Redevelopment and Housing
Authority has been encouraged to consider moving its administrative offices into
Municipal North and a floor plan was provided that would enable the Housing
Authority to have first choice of available space; and over the past six to eight
months the Housing Authority has indicated less of an interest in locating in the
downtown area and has expressed an interest in establishing a satellite or
outreach office which would be staffed on a part time basis. She further advised
that some individuals have suggested that there could be a significant advantage
to the Housing Authority, the School administration and the City administration
offices being housed together, or in close proximity to each other, and depending
upon the wishes of the Council, space requirements could be accommodated;
however, it would not be possible to include all of the activities that were initially
planned for Municipal North if the School administration and the Housing Authority
administration were to be accommodated. She stated that the plans for Municipal
North have not been presented to Council in the hopes of receiving a decision
from the Housing Authority.
An observation was made by a Member of Council that the School Board is
paying a significant amount of rent for space occupied by the Noel C. Taylor
Alternative Education program at 3601 Thirlane Road, N. W. It was noted that
those funds could be used toward renovation of the current School administration
facility on Douglass Avenue, in order to house the Noel C. Taylor Alternative
Education program, and the School administration office could be moved to a
downtown site.
The Mayor advised that the matter could be added to the list of items to be
discussed with the new School Superintendent.
The City Manager advised that if Council would like to pursue the matter,
she would delay any further addition of tenants to the Municipal North site.
There was discussion with regard to courthouse expansion and renovation;
whereupon, the City Manager advised that a master space needs study was
completed approximately seven years ago that identified and prioritized space
needs of the City; first on the list was the need for new and expanded space for
the police department, the second priority was space for Social Services which was
leased on Williamson Road, and the third priority was the courthouse. She called
attention to recent correspondence from the Judges of the Circuit Court indicating
that now that the Police building is under construction, they would like to see
initial planning for courthouse renovation and expansion, therefore, funds will be
included in the fiscal year 2006 budget to address the issue of space planning.
146
Question was raised as to whether the City of Roanoke was approached by
Roanoke County with regard to participating in the regional jail project and
whether the Roanoke City Jail could be expanded.
The City Manager stated that the Sheriff has advised that the regional jail
concept was not mentioned in conjunction with the Roanoke City Jail. She advised
that to her knowledge, the City of Roanoke was not contacted; if the City has
future needs, it could approach the regional entity and ask for participation in the
same way that the Western Virginia Water Authority was established; and a method
to buy in at some point in the future would have to be determined.
The Mayor advised that at a monthly breakfast meeting with Roanoke County
officials, it was stated by the City that no inquiries had been made to the City by
any of the participants of the regional jail with regard to whether the City had an
interest in participating in a regional jail, of indicating that the City would be open
to considering any inquiries.
Mr. Stovall reviewed planned future City (paid for by the City) bond issues to
be approved:
FY 06 FY 07 FY 08
Art Museum $3.7M
Downtown West Garage $2.6M
$2.6M
(First downtown garage in 2006 will be located around the Campbell
Avenue and Salem Avenue area and the second downtown garage is
planned for the area around The Jefferson Center in 2008)
Multipurpose Rec. Cntr.
$6.7M
Fire/EMS Facilities
$3.8M
Roanoke River Flood Red.
4.5M
William Fleming
$20.0M
Total $6.3M $37.6M
147
Planned future School (paid for by the schools) Bond Issues to be
approved include:
FY06 FY 07 FY 08 FY 09
Fallon Park Improvements
(Literary Loan
$1.2M
Monterey/Raleigh Ct.
Improvements (VPSA)
$2.0M
William Fleming
(VPSA/GO/Literary Loan
$17.3M $6.8M
Total $1.2M $2.0M $17.3M $6.8M
Outstanding debt as of February 1, 2005:
· City General Obligation Bonds
· Enterprise Fund Debt:
- General Obligation Bonds:
· Civic Center Fund
· Parking Fund
Total Enterprise Fund Debt
· Capital Leases
· School General Obligation Bonds
· Qualified Zone Academy Bonds (QZAB)
· Virginia Public Schools Authority (VPSA) Bonds
· Literary Fund Loans
Total Schools
· Section 108 Loan
· General Obligation Debt Issued for Utilities
Total Debt as of February 1, 2005
$115,535,483.00
9,870,000.00
8.006,556.00
7,876,556.00
930,673.00
48,332,891.00
1,800,683.00
32,965,344.00
5,438,000.000.00
88,536,918.00
3,530,000.00
33,435,000.00
$256,314,630.00
· Less: Parking Fund Debt ConsideredSelfSupporting (8,006,556.00)
· Less: Section 108 Loan (3,530,000.00)
· Less: General Obligation Debt to be Paid byWVWA (33.435.000.00)
Outstanding Tax Support Debt $211,343,074.00
148
Assumptions on Debt and Funding of Debt Service:
The City has traditionally funded debt service on General Obligation
bonds, whether for City or School projects.
The Schools have traditionally funded debt service on VPSA Bonds and
Literary Fund Loans.
Capital Leases are considered tax supported debt of the City and are
typically funded by the General Fund. (The Social Services Building
lease is not considered tax supported debt since funded by the
Commonwealth)
In analyzing tax burden, all such debt (including that of the schools)
is considered tax supported debt of Roanoke due to vesting of taxing
authority in the City.
Debt of Enterprise Funds (Civic Facilities and Parking) is considered
self supporting and excluded from debt burden calculations to the
extent such debt is supported by revenues generated by the
Enterprise Funds.
General Obligation and Virginia Public School Authority bonds
amortized using level principal and an interest rate of six per cent.
Literary Loans amortized at an interest rate of three per cent.
All debt amortized over 20 years.
Funding for debt service increases based on the following
assumptions:
Increased funding of debt service of an additional $570,000.00
per year through fiscal year 2009; and
Dedication to debt service funding of incremental increases in
EMS fees through fiscal year 2007.
149
The following graphs were reviewed on Current and Future General Fund
Debt Service, Future General Fund Debt Service Requirements and Projected
Funding Available for Debt Service and Future City and School Debt Service.
Includes all debt funded by the General Fund (City, School, Leases)
150
The Mayor advised that what the City does on its side of the budget to
service the school debt should be captured as a part of the funding formula.
The following debt policies were reviewed:
Non-proprietary general obligation debt service will not exceed
ten per cent of General Fund expenditures.
Net bonded debt will not exceed five per cent of the assessed
value of real estate.
Net Bonded Debt is general obligation debt for the City and
School Board, exclusive of self-supporting Enterprise Fund debt
and the amount available in the Debt Service Fund.
Tax-supported debt will be structured such that not less than 50 per
cent of aggregate outstanding debt will be retired within ten years.
Vice-Mayor Fitzpatrick entered the meeting.
151
Ms. Shawver reviewed the following graphs: Ratio of Debt Service to General
and School Fund Expenditures (10 per cent), Debt Service Compared to General
and School Fund Expenditure Ten Per Cent Limit, Ratio of Net Bonded Debt to
Assessed Value of Real Estate (five per cent), Reduction of Aggregate Debt Within
Ten Years (50 per cent) which reflects issuance of planned future debt, and Debt
Statistics of Urban Cities.
Ratio of Debt Service to General
And School Fund Expenditures (10%)
City School
Projects Projects Overall
· FY 2002 4.2% 2.4% 6.6%
· FY 2003 6.0% 2.9% 8.9%
· FY 2004 4.6% 2.5% 7.1%
· FY 2005 4.5% 2.6% 7.1%
· FY 2006 4.8% 3.4% 8.2%
· FY 2007 4.8% 4.0% 8.8%
· FY 2008 4.6% 3.8% 8.4%
· FY 2009 4.9% 4.8% 9.7%
· FY 2010 4.6% 4.7% 9.3%
· FY 2011 4.1% 4.4% 8.5%
Note: Assumes annual expenditure growth of 4%
152
153
Ratio of Net Bonded Debt to
Assessed Value of Real Estate (5%)
City School
Proiects Proiects Overall
· FY 2002 2.8% 1.7% 4.5%
· FY 2003 2.5% 1.5% 4.0%
· FY 2004 2.1% 1.5% 3.6%
· FY 2005 2.3% 1.9% 4.2%
· FY 2006 2.2% 2.2% 4.4%
· FY 2007 1.9% 2.0% 4.0%
· FY 2008 2.0% 2.5% 4.5%
· FY 2009 1.7% 2.4% 4.1%
· FY 2010 1.4% 2.1% 3.6%
· FY 2011 1.2% 1.9% 3.1%
Note: Assumes growth of 4% in assessed value of real
estate.
Reduction of Aggregate Debt Within
Ten Years (50%)
(Reflects Issuance of Planned Future Debt)
City Schools Overall
FY 2005 72% 66% 69%
FY 2006 72% 65% 69%
FY 2007 75% 68% 71%
FY 2008 74% 65% 70%
FY 2009 77% 68% 72%
FY 2010 81% 71% 75%
154
Debt Statistics of Urban Cities
Source: 6/30/04 CAFRs
Net Bonded
Debt to
General Debt Service Assessed Net Bonded
Obligation to General Value Debt Per
Locality Bond Rating Fund Expenditures Real Estate Capita
Roanoke AA 7.13% 3.60% $1,754.00
Richmond AA/A 1 7.11% 3.34% $2,274.00
Hampton AA 4.44% 2.36% $1,035.00
Lynchburg AA 7.12% 3.27% $1,616.00
Newport News AA 7.26% 5.37% $2,408.00
Norfolk AA/Al 11.20% 3.97% $1,647.00
Portsmouth AA/A 1 6.67% 5.25% $2,218.00
Roanoke Co. AA 5.63% 2.32% $1,480.00
The Mayor declared the meeting in recess at 12:15 p.m.
Council Member Lea left the meeting.
The Council's Financial Planning Session reconvened at 1:00 p.m., in Room
159, Noel C. Taylor Municipal Building, with all Members of the Council in
attendance except Council Members Dowe and Lea, Mayor Harris presiding.
Mr. Stovall advised that building debt capacity in advance of meeting a
certain level of funding for debt service creates excess debt funding that may be
used for one time capital items; and for fiscal year 2006, the following projects are
candidates for the use of debt excess funding:
Jail HVAC and Security
Streetscapes and Traffic Calming
Architectural Planning - Courthouse
Housing Strategies
Technology Enhancements
155
The following is the current status of attempts by staff to balance the fiscal
year 2006 budget:
Preliminary Projection Revenue Growth
$6,829,000.00
Priority Expenditures
10,040,000.00
Balance
($ 3,211,000.00)
Mr. Stovall advised that in connection with closing the budgetary gap, staff
will look at potential revenue enhancements and explore potential cost savings;
City departments were not asked to submit budgets with expenditure reductions
as has been done in prior years, but departments were requested to provide a list
of potential cost saving ideas.
Prior Year Revenue Enhancements:
Fiscal year 2005
Miscellaneous Fee Adjustments
Fiscal year 2004
Admissions tax:
Increased from 6.5 per cent to 9 per cent for events held
at City-owned Civic Center and Stadium to support Civic
Facilities Phase II
Reduced from 6.5 per cent to 5.5 per cent for events held
at facilities not owned by the City.
Implemented Short-Term Rental Tax
Increased E-911 Surcharge from $1.45 to $2.00
Miscellaneous Fee Adjustments
156
Fiscal year 2003
Miscellaneous Fee Adjustments
Admissions Tax increased from 5 per cent to 6.5 per cent)
Fiscal Year 2002
Cigarette Tax - ~ncreased $.10 to fund curb, gutter and
sidewalk projects
Transient Lodging Tax - Increased i per cent to provide
additional funding to Convention and Visitors Bureau to
market Roanoke as a tourist destination
Revenue options with regard to the current rate of various taxes, and the
impact of a change in tax rates, are as follows:
Current Maximum Rate Change
Rate I m pact
Real Estate $1.21 None $0.01=$
Personal Property 3.45 None $0.01=$
Utility Consumer 12% 20% 1%= $
Cigarette (20 per pack) $0.27 None $0.01=$
Transient Occupancy 7% None 1%= $
Admissions 5.5% None 1%= $
Prepared Food & Bev. 4% None 1%= $
E-911 $2.00 $3.00 $0.01= $
Motor Vehicle License $20.00 $28.50 $1= $
Cable TV Utility 7% 1%= $
Storm Water Mgt. Fee None
518,000.00
62,000.00
1,116,000.00
67,000.00
21,000.00
85,000.00
8,000.00
87,000.00
207,000.00
$1/month=$ 500,000.00+
A one per cent increase in the prepared food tax would result in additional
revenue of approximately $2.1 million.
With respect to closing the gap for fiscal year 2009 to provide funding for
the City's share of debt service for bonds to be issued for William Fleming High
School, Mr. Stovall advised that staff previously recommended the meals tax as the
funding mechanism; revenue derived from the meals tax comes from the fact that
157
restaurants that are located within the City of Roanoke serve as a regional
attraction and the City captures approximately 49 per cent of the prepared food
sales within the local area, including the City of Salem and Roanoke County; it is
suggested that Council give consideration to increasing the meals tax three years
early which would provide approximately $1. million that could be dedicated to one
time capital projects until the time that debt funding is needed for the bonds that
were issued for William Fleming High School and the remaining portion could be
used to address recurring operating expenditures and close the current budgetary
gap.
Question was raised as to whether the City Manager plans to submit a
recommendation on a source of funding for cultural agencies; whereupon, the City
Manager called attention to an arts summit which is intended to bring certain
options to the community for review, given what appears to be a movement by the
General Assembly this year to look at funding some of the arts, as well as a
proposed bond issue; therefore, this might not be the year to ask the General
Assembly for legislative changes. She stated that at the art summit, Dr. Edward
Murphy, President/CEO, Carillon Health Systems, has been requested to make a
presentation on a survey that was conducted byCarilion in the Roanoke Valley and
the New River Valley to determine the interest of the private sector in the arts as a
component of economic development, and whether businesses in the two
communities saw themselves as being more closely aligned with the arts. She
advised that local arts organizations have indicated an interest in going through
the activity and have requested the City's involvement and participation.
Vice-Mayor Fitzpatrick expressed concern that the City of Roanoke does not
have a formal policy on allocation of funds to the various organizations, and it is
the City's responsibility to determine local funding to the extent that Council
believes that the funding is an appropriate use of taxpayers dollars. He
encouraged that Council review the issue of funding and develop a policy that is in
the best interest of Roanoke's taxpayers.
It was noted that there should be a way to show a connection between
cultural arts funding and hotel room nights and/or restaurant sales.
The City Manager advised that if Council supports an increase in the
transient room tax, staff can address some of the pending issues and prepare
information focusing on a strategy to provide funding to arts/cultural
organizations, the hotel/motel industry, a reduction in the real estate tax rate, and
housing/housing initiatives in an effort to weave all of the issues together, with
the understanding that they are directed toward expanding the City's tax base.
158
The Mayor advised that Council should keep in mind that during each
budget cycle, the City has adjusted certain tax rates and imposed various fees,
etc.; therefore, certain City fees and taxes are significantly higher than
surrounding jurisdictions.
There was discussion with regard to reducing the City's real estate tax rate,
and that any increase in the meals tax would also be paid for by persons who
reside outside of the City of Roanoke.
The City Manager advised that Council could give consideration to reducing
the real estate tax rate by a certain per cent in year one followed by further
reductions, assuming that revenues stay at a certain percentage of growth over the
next five years. She stated that this would set forth a plan of action that would ask
the citizens of Roanoke to bear with the City while the City gradually starts to
reduce the real estate tax rate by x number of cents over a period of two to five
years.
The City Manager requested that staff be permitted to propose various
options for consideration by the Council.
Council was asked to engage in a discussion with regard to other
suggestions in connection with budget development as staff moves forward with
the budget development process.
Question was raised with regard to future meetings to address budget
issues; whereupon, it was the consensus of Council that the subject of budget
balancing and other budget issues will be discussed at the March 7 and April 4,
2005, 9:00 a.m. Council work sessions.
Dr. Cutler expressed an interest in the completion of Master Plans and/or
Management Plans for Mill Mountain Park and the Carvins Cove Natural Reserve,
the Roanoke River potential park, and coordination by the City's Engineering and
Parks and Recreation Departments.
The Mayor suggested that Dr. Cutler request a one on one briefing through
the City Manager's Office with regard to the function(s) of certain City
departments.
159
Vice-Mayor Fitzpatrick referred to Main Street through the Wasena area and
the adjoining commercial district; and street lighting and sidewalks on Crystal
Spring Avenue that would be designed along the same theme as Grandin Road to
create more of a village center concept.
Dr. Cutler addressed the importance of coordination among various
initiatives that are currently underway, such as the Public Arts Plan, the Library
Plan, the Parks and Recreation planning process, the new zoning ordinance, the
Cradle to Cradle housing project, the downtown master plan, and the housing
study. He stated that there should be a vision for the City as a whole that makes
the entire City a landscape for good art and good architecture, etc.; and the
various plans should fit together and not be done prepared piecemeal.
Vice-Mayor Fitzpatrick encouraged the City to follow up on the second
phase of the street car issue and identify economic benefits, etc.
Mr. Stovall addressed funding for economic development and community
development funding initiatives. He advised that much discussion has centered
around positioning the City for capital projects, completion of the housing
strategic plan, and looking to the future, there is no dedicated funding source for
economic development or community development initiatives. Therefore, he
Stated that it is recommended that Council consider designating capital fund
interest earnings and proceeds from the sale of property for economic
development/community development initiatives; current capital funding balance
interest earnings is approximately $1.5 million; the City accrues interest at a rate
of between $50,000.00 - $65,000.00 per month, depending upon the balance in
the capital fund; therefore, it makes sense at this time to designate capital funds
interest earnings as a funding source for such projects.
The City Manager advised that if Council is receptive to the proposal, staff
will proceed accordingly as the budget is prepared for fiscal year 2005-2006.
Council Members spoke in support of the proposed funding initiatve.
The Director of Finance presented information with regard to a Budget
Stabilization Reserve Policy. He advised that current fund balance policies are
encompassed within the City Code and the Council-adopted debt policy which
includes a reserve for self-insured liabilities, capital maintenance and equipment
replacement program (CMERP), and a reserve for debt service; fund balance
policies do not include a budget stabilization reserve and finance best practices
and bond rating agencies strongly encourage a Budget Stabilization Reserve Policy.
160
The Director of Finance presented the following summary of a recommended
Budget Stabilization Reserve Policy:
· Establishes a reserve floor for the City's Budget Stabilization
Reserve of five per cent of the adopted General Fund budget
· Establishes a reserve target of eight per cent of the budget
Stipulates that the reserve may be used only upon authorization of
Council or unforeseen emergencies or significant declines in
revenues
Stipulates that growth in the reserve would come from interest
earned on the balance in reserve, as needed; other funding would
be added from current year revenues in excess of expenditures
Provides guidance in replenishing the reserve should it be utilized
for an emergency or revenue shortfall; restoration to the floor
would be made within three fiscal years; continued emphasis
would be made on increasing the reserve to the eight per cent
target
Additionally, he advised that:
The reserve will be funded from debt service fund balance with no
new funds required
Applying the new policy, the June 30, 2004 reserve would be $].5.1
million or 7.]. per cent of the fiscal year 2005 adopted budget.
· The CMERP ordinance would be repealed.
What was previously referred to as "CMERP" would become
undesignated reserve; this balance could continue to be used on one-
time purchases such as capital equipment.
· The self-insured reserve would continue to be maintained.
Working capital in Proprietary Funds could continue to be used for
asset/equipment replacement.
161
The City Manager advised that if Council concurs in the recommendation, a
measure approving a Budget Stabilization Reserve Policy would be submitted to the
Council for consideration at the Special Meeting of Council to be held on May 10,
2005, at which time Council will be requested to adopt various measures
approving the City's fiscal year 2005 - 2006 budget, effective July 1, 2005.
The Mayor inquired if there were objections, questions or comments with
regard to the proposed Budget Stabilization Reserve Policy. No questions or
comments were raised.
The Mayor expressed appreciation to staff for their presentations which
provided a good overview of the City's financial status.
There being no further business, the Mayor declared the meeting adjourned
at 2:00 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
162
REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL
February 22, 2005
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 22, 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, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36762-070604 adopted by the Council
on Tuesday, July 6, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., Beverly T.
Fitzpatrick,Jr., Sherman P. Lea, Brenda L. McDaniel, BrianJ. Wishneffand MayorC.
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-DECEASED PERSONS: Mr. Fitzpatrick offered
the following resolution memorializing the late Irvin (Earl) Cannaday, Jr.:
(#36964-022205) A RESOLUTION memorializing the late Irvin (Earl)
Cannaday, Jr., a Roanoke native and former Assistant Principal at Woodrow Wilson
Middle School.
(For full text of resolution, see Resolution Book No. 69, Page 272.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36964-022205. The
motion was seconded by Mr. Dowe and adopted by the following vote:
163
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
The Mayor called for a moment of silence in memory of Mr. Cannaday.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 3, 2005, and recessed until January 13, 2005, were before the body.
Council Member Dowe moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was seconded by
Council Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
BUSES-AUDIT COMMITfEE: Minutes of meetings of the Audit Committee
which were held on Thursday, October 7, 2004, and Monday, December 20, 2004;
and the Greater Roanoke Transit Company Audit Committee on Monday,
December 20, 2004, were before the body.
Council Member Dowe moved that the minutes be received and filed. The
motion was seconded by Council Member McDaniel and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
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 2.2-37] 1 (A)(]), Code of Virginia (1950), as amended, was
before the body.
164
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in a Closed Meeting as above described. The motion was
seconded by Council Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: A communication from
Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to
discuss a special award, being the Shining Star Award, pursuant to Section 2.2-
3711 (A)(10), Code of Virginia (1950), as amended, was before the body.
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in a Closed Meeting as above described. The motion was
seconded by Council Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
ELECTIONS: A communication from the General Registrar advising that in
order to better comply with changes implemented by HAVA and ADA
requirements, the Electoral Board requests a change in the type of voting
equipment used for In-Person Voting in the Absentee Precinct to DRE (Direct
Recording Electronic) device, effective with the Primary Election to be held in June
2005; currently paper ballots are used for both In-Person and Mail Absentee
voting; on Election Day, ballots are fed into a reader that records the votes by
mark sense; and currently ES&S (Election Systems & Software) and DRE devices are
used in regular precincts on Election Day, was before Council.
It was further advised that the change would allow all In-Person Absentee
votes to be cast on the same equipment and allow individuals with disabilities to
vote in private with ADA units, if desired; and the requested change complies with
Section 24.2-626 of the Virginia Election Laws and has been forwarded to the City
Attorney for submission to the Department of Justice.
Council Member Dowe moved that Council concur in the request and receive
and file the communication. The motion was seconded by Council Member
McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
165
OATHS OF OFFICE-ROANOKE NEIGHBORHOOD PARTNERSHIP: A
communication from Althea L. Pilkington tendering her resignation as a member
of the Roanoke Neighborhood Advocates, was before Council.
Council Member Dowe moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Council
Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: A communication from
Robert B. Manetta tendering his resignation as a member of the Architectural
Review Board, was before Council.
Council Member Dowe moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Council
Member McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-COMMUNITY
PLANNiNG-NEIGHBORHOOD PARTNERSHIP-VIRGINIA'S FIRST REGIONAL INDUSTRIAL
FACILITY AUTHORITY: The following reports of qualification were before Council.
Maureen P. Castern as a member of the Roanoke Neighborhood
Advocates to fill the unexpired term of Richard Nichols, resigned,
ending June 30, 2007;
Bryan Grimes Creasy as a member of the Fair Housing Board, for a
term ending March 31,2007;
Fredrick M. Williams as a member of the City Planning Commission,
for a term ending December 31,2008; and
Brian J. Wishneff as a City representative to Virginia's First Regional
Industrial Facility Authority, and as a member of the New River Valley
Commerce Park Participation Committee.
Council Member Dowe moved that the reports of qualification be received
and filed. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
166
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIRE DEPARTMENT: The City Manager submitted a communication
advising that Roanoke Fire-EMS was interviewed in January 2005 by representatives
of the Virginia Department of Fire Programs for consideration in becoming the
Division VI State Heavy and Tactical Rescue Team; partnering with Roanoke County
Fire and Rescue to form a regional team, Roanoke Fire-EMS was selected; seven
teams in Virginia will play a vital role in statewide response to technical rescue
incidents; and in an effort to further enhance each selected team's capability, a
one time grant in the amount of $42,857.00 will be awarded to purchase specific
equipment, with no local match funds required.
The City Manager recommended that Council appropriate State grant funds,
in the amount of $42,857.00, with corresponding revenue estimates in accounts
to be established by the Director of Finance in the Grant Fund; and that the City
Manager be authorized to execute the required grant agreements, to be approved
as to form by the City Attorney.
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#36965-022205) AN ORDINANCE to appropriate funding for the Fire
Programs Heavy and Tactical Rescue Team Grant, amending and reordaining
certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 274.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36965-022205.
The motion was seconded by Council Member Dowe and adopted by the following
vote:
167
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
Vice-Mayor Fitzpatrick offered the following resolution:
(#36966-022205) A RESOLUTION authorizing the acceptance of the Heavy
and Tactical Rescue Team 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 the conditions of the grant.
(For full text of resolution, see Resolution Book No. 69, Page 275.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No.
36966-022205. The motion was seconded by Council Member Dowe and adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
MINORITY/WOMEN OWNED BUSINESSES: The City Manager submitted a
communication advising that solicitation and award of City contracts must comply
with the City Charter and the City's Procurement Policy, as well as the Virginia
Public Procurement Act; in general, public procurement requires the City to obtain
bids and award contracts on City projects to the "lowest responsive and
responsible bidder"; and determination of whether the bidder is "responsible"
must be made upon considerations solely related to job performance.
It was further advised that a proposed plan provides that when bids or
proposals are solicited directly from potential contractors, solicitations include,
whenever possible, appropriate businesses from lists maintained and/or available
in the Purchasing Division, including but not limited to a list from the Virginia
Department of Minority Business Enterprise; the City of Roanoke currently
maintains a separate database of small, minority and women-owned businesses,
from which all City departments are encouraged to solicit a MBE/WBE/SB vendor in
all procurement transactions; meet and greet events are held for large
construction projects to provide small business contractors with an opportunity to
meet large business owners in an effort to become subcontractors on City
projects; the City continues to reduce the scope of projects, if possible, to reduce
the need for bonding and large insurance requirements; and the annual Regional
Building New Partnership Conference which is hosted by the City is intended to
educate MBE/WBE/SB vendors to improve bidding and responsiveness to request
for proposals and invitations to bid.
168
It was stated that Council and the City Administration recognize the need
for improving opportunities for small, minority and women-owned business
enterprises to participate in City contracts; and with adoption of the plan,
improved business opportunities should result as the City makes clear to the
community its policy to encourage opportunities for small, minority and women-
owned business enterprises to participate in City contracts.
The City Manager recommended that Council repeal Resolution No. 31012-
051892, Minority and Women-Owned Business Enterprise Plan, and adopt a Plan
for Participation in Procurement Transactions of Small Businesses and Businesses
Owned by Women and Minorities; and that the City Manager be authorized to take
appropriate measures to implement the above referenced Plan, effective
immediately.
Council Member Dowe offered the following resolution:
(#36967-022205) A RESOLUTION repealing Resolution No. 31012-051892,
which adopted a Minority and Women-Owned Business Enterprise Plan; and
adopting and endorsing a Plan for Participation in Procurement Transactions of
Small Businesses and Businesses Owned by Women and Minorities.
(For full text of resolution, see Resolution Book No. 69, Page 275.)
Council Member Dowe moved the adoption of Resolution No.
36967-022205. The motion was seconded by Council Member McDaniel and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
STATE HIGHWAYS-BRIDGES: The City Manager submitted a communication
advising that the Virginia Department of Transportation (VDOT) requires
resolutions adopted by Council documenting the City's support of a project before
funding can be made available; therefore, Council must adopt a resolution for the
recent Federal award of $497,050.00 (VDOT UPC #72794) to be made available for
improvement of the Dr. Martin Luther King, Jr. Memorial Bridge (formerly First
Street Bridge); approval of the resolution must include the City's agreement to pay
a 20 per cent match ($124,262.00)to Federal funds and to reimburse VDOT for
the total amount of costs expended by VDOT, if the City subsequently elects to
cancel the project; and local match funding is available in Account No. 008-052-
9754-9003 from funds previously appropriated to the project.
The City Manager recommended that Council adopt a resolution endorsing
improvement of the Martin Luther King Jr. Memorial Bridge (formerly First Street
Bridge), agreeing to pay the 20 per cent match ($124,262.00) to Federal funds,
and agreeing to reimburseVDOTfor the total amount of costs expended byVDOT
169
if the City subsequently elects to cancel the project; and that the City Manager be
authorized to enter into any and all necessary agreements with applicable Federal
and State agencies or other affected parties to complete the project, such
agreements to be approved as to form by the City Attorney.
Council Member Cutler offered the following resolution:
(#36968-022205) A RESOLUTION expressing the support of the Council of
the City of Roanoke to the Virginia Department of Transportation for the
improvement of the First Street Bridge.
(For full text of resolution, see Resolution Book 69, Page 276.)
Council Member Cutler moved the adoption of Resolution No. 36968-
022205. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
COMMITTEES-TRAFFIC: The City Manager submitted a communication
advising that the Commonwealth of Virginia once required local jurisdictions to
appoint an active Transportation Safety Commission in order to be eligible for
certain Federal highway safety funds; the requirement was eliminated many years
ago and most localities abolished their local Commissions; in the summer of
2004, while reviewing issues with regard to the City's boards and commissions,
Council indicated that the current Transportation Safety Commission could be
abolished and the functions could be appropriately managed by City staff; and City
staff could utilize a less formal working committee when needed to ensure
thorough consideration and evaluation of transportation safety issues which would
be similar to the current process used to manage transportation planning
activities, such as development of the City's Long Range Transportation
Improvement Plan.
It was further advised that the Transportation Safety Commission has not
been active since Council provided the above referenced direction, although
official action to abolish the Commission has not been taken and the members of
the Commission have not been notified that their services are no longer necessary.
The City Manager recommended that Council adopt a resolution abolishing
the City of Roanoke Transportation Safety Commission and expressing
appreciation to members of the Commission for their service.
Vice-Mayor Fitzpatrick offered the following resolution:
170
(#36969-022205) A RESOLUTION abolishing the City of Roanoke
Transportation Safety Commission.
(For full text of resolution, see Resolution Book 69, Page 277.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No.
36969-022205. The motion was seconded by Council Member McDaniel and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ................................................................................................ O.
ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN-COMMUNITY
PLANNING: The City Manager submitted a communication advising that in order
to receive Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grant (ESC) funding, the City of
Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U.
S. Department of Housing and Urban Development (HUD); and substantial
amendments to the Plan must undergo a 30-day public review and comment
period, followed by approval of Council.
It was further advised that the City has unexpended funds in several
previously planned activities; several activities of importance to the community
have been identified for use of the funds, which are summarized in an attachment
to the communication; in order to implement proposed uses, each activity and
associated funding must be added to the current plan; and individually and
collectively, the activities constitute a substantial amendment to the Plan that
must be approved by Council prior to implementation.
It was noted that the 30-day public review and comment period was
conducted from January 21 to February 21,2005; no comments objecting to the
intended amendments were received; implementing use of the funds during the
current year will have the added benefit of assisting the City to maintain
compliance with HUD's requirements concerning timely expenditures; and several
fund transfers will be needed and can be accomplished administratively through
City Manager budget transfers.
The City Manager recommended that Council approve amendments to the
2004/2005 and 2002/2003 Annual Updates to the Consolidated Plan; and
authorize the City Manager to execute documents required by HUD to accept
funds, subject to approval as to form by the City Attorney.
Vice-Mayor Fitzpatrick offered the following resolution:
171
(#36970-022205) A RESOLUTION approving certain amendments to the
2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five-Year
Consolidated Plan.
(For full text of resolution, see Resolution Book No. 69, Page 278.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No.
36970-022205. The motion was seconded by Council Member Dowe and adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................................................................. 7.
NAYS: None ............................................................................................... 0.
BUDGET-STATE HIGHWAYS-TRANSPORTATION FUND: The City Manager
submitted a communication advising that the Virginia Department of
Transportation's (VDOT) Six-Year Improvement Program (SYIP) includes funding for
the following pro. iects that are to be locally administered:
Riverland Road, Bennington Street, & Mt. Pleasant Boulevard
Intersection Improvement (UPC No. 71 740) - Total project funding
of $1,080,000.00 which includes a FYO5 allocation of
$220,000.00;
10,h Street Pedestrian & Bicycle Crossing Improvements (UPC No.
71725) - Total project funding of $75,000.00, all of which is
allocated in FY05; and
City-wide Signal & ITS Improvements (UPC No. 71741) -Total
project funding of $1,100,000.00 which includes a FYO5 allocation
of $543,000.00.
It was further advised that because the projects are to be locally
administered, Council is requested to appropriate funds to project accounts for
disbursement against project development and implementation expenses; VDOT
projects require a local match of two per cent and funding for the local match is
available in VDOT Highway projects, Account No. 008-530-9803.
The City Manager recommended that Council take the following actions:
Appropriate $220,000.00 of VDOT project funding to an existing
project Account No. O08-530-9512 entitled, "Riverland Road/Mt.
Pleasant/Bennington Street", and establish a revenue estimate of the
same for State reimbursement through VDOT's Six-Year Improvement
Prog ram;
172
Appropriate $75,000.00 of VDOT project funding to a new project
account to be entitled, "10'h Street Crossing Improvements", and
establish a revenue estimate of the same for State reimbursement
through VDOT's Six-Year Improvement Program;
Appropriate $543,000.00 of VDOT project funding to a new project
account to be entitled, "Signal & ITS Improvements", and establish a
revenue estimate of the same for S~tate reimbursement through
VDOT's Six-Year Improvement Program; and
Authorize the City Manager to enter into any and all necessary
agreements with applicable Federal and State agencies or other
affected parties to complete the projects.
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#36971-022205) AN ORDINANCE to appropriate funding to be provided by
the VDOT Six-Year Improvement Program for the Riverland ~oad, Mt. Pleasant
Boulevard Intersection, Bennington Street, lOth Street Crossing Improvements
and Signal & ITS 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 No. 69, Page 279.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36971-022205.
The motion was seconded by Council Member Dowe.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., inquired if funds were being
appropriated for a new bridge over the Hollins Road Railroad track and the
timeframe for completion of the project; whereupon, the City Manager advised
that she was not aware of any funds being appropriated fora bridge in the Hollins
Road area, however, she would ask staff to investigate the inquiry and
communicate their findings to Mr. Craft.
Mr. Craft also inquired if the Virginia Department of Transportation Six-Year
Improvement Program included project funds for the Hollins Road bridge;
whereupon, the City Manager advised that none of the appropriated funds listed in
the Program would be used to construct a bridge in the Hollins Road area.
Ordinance No. 36971-022205 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ................................................................................................ 0.
Vice-Mayor Fitzpatrick offered the following resolution:
173
(#36972-022205) A RESOLUTION authorizing the City Manager to enter into
any and all necessary and appropriate agreements to complete certain projects in
the City of Roanoke which are in the Virginia Department of Transportation's Six-
Year Improvement Projects.
(For full text of resolution, see Resolution Book No. 69, Page 280.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No.
36972-022205. The motion was seconded by Council Member Dowe and adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
HOUSING/AUTHORITY: The City Manager submitted a communication
advising that World Changers, avolunteer ministryofthe North American Mission
Board, Southern Baptist Convention (World Changers), brings together youth and
adults from across the nation to participate in housing and related community
service projects; last year, under a subgrant agreement with Blue Ridge Housing
Development Corporation, Inc. (BRHDC), which provided Community Development
Block Grant (CDBC) funding for materials and other support, approximately 400
World Changers volunteers assisted in repairing approximately 40 homes in the
City; and during the project, housing for workers was provided by the Roanoke
City School Board.
It was further advised that given the success of the project in 2004 and in
the prior year and the productive working relationships that have been
established, the City, BRHDC and World Changers are looking to conduct another
project during the summer of 2005; a total of $80,000.00 in CDBG funds is to be
committed to the 2005 project, as set forth in a subgrant agreement attached to
the communication; use of funds is requested for authorization by Council
through a separate report, which amends the City's Consolidated Plan to add the
2005 World Changers and other projects; and the appropriate City Manager
budget transfers may be made administratively following approval to include funds
in designated accounts.
It was pointed out that a proposed subgrant agreement will outline activities
to be undertaken by BRHDC and World Changers; housing for World Changers
volunteers will again be provided by the Roanoke City School Board, and
arrangements will be finalized by BRHDC and City staff directly with school
officials.
The City Manager recommended that she be authorized to execute aCDBG
Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc.,
subject to approval as to form by the City Attorney.
174
Council Member Cutler offered the following resolution:
(#36973-022205) A RESOLUTION authorizing the City Manager to enter into
a 2005 Community Development Block Grant (CDBG) Subgrant Agreement with the
Blue Ridge Housing Development Corporation, Inc., regarding the World Changers
project, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 69, Page 281.)
Council Member Cutler moved the adoption of Resolution No.
36973-022205. The motion was seconded by Vice-Mayor Fitzpatrick and adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
BUDGET-SNOW REMOVAL: The City Manager submitted a communication
advising that due to limited resources within the City's snow removal operating
budget, the three storms experienced earlier in the winter depleted the City's
stockpile of salt for snow removal operations; in an effort to remain adequately
stocked and prepared for winter weather, additional salt was obtained; a budget
transfer of $130,000.00 is needed to cover the additional expense; and because
the transfer is more than $75,000.00, action by Council is required.
The City Manager recommended that Council authorize transferoffunds, in
the amount of $130,000.00 from City Manager Contingency, Account No. 001-
300-9410-2199, to Snow Removal Chemicals, Account No. 001-530-4140-2045.
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#36974-022205) AN ORDINANCE to transfer funds for snow removal,
amending and reordaining certain sections of the 2004-2005 General Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 281.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36974-022205.
The motion was seconded by Council Member Dowe and adopted bythe following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
CITY ATTORNEY: NONE.
175
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the
body.
$15,000.00 for the GED Testing Fast Track program to provide
advertising and instructors to increase participation in the GED
examination, said program to be 100 per cent reimbursed by State
funds; and
$8,000.00 for the GED Expanded Testing program to provide
additional instructors and supplies for GED preparation classes
and for administration of the GED examinations, said program to
be 100 per cent reimbursed by State funds.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Council Member Dowe offered the following budget ordinance:
(#36975-022205) AN ORDINANCE to appropriate funding for the GED Fast
Track Program and GED Preparation Classes, amending and reordaining certain
sections of the 2004-2005 School Funds Appropriations and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 282.)
Council Member Dowe moved the adoption of Ordinance No.
36975-022205. The motion was seconded by Council Member McDaniel and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
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:
176
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member Wishneff
commended Council Member Lea, who represented the City of Roanoke on
Monday, February 21,2005, by hosting members of the Tuskegee Airmen, an all-
black aviation unit whose pilots never lost a bomber to enemy fire in more than
1,500 missions during World War II.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Council Member Lea
commended the City Manager and City employees in connection with the City's
first talent show which was held on Friday, February ] 8, 2005, at the Roanoke
Civic Center.
POLICE DEPARTMENT: Vice-Mayor Fitzpatrick expressed appreciation to the
City Manager for completion of the installation of lighting around the memorial to
Roanoke's fallen police officers on Campbell Avenue, S. W.
FIRE DEPARTMENT-REGIONAL COOPERATION: Council Member Cutler called
attention to a press conference which was held earlier in the day announcing that
the Roanoke County Fire and Rescue Department and the City of Roanoke Fire/EMS
Department will expand regional cooperation to include the Mount Pleasant and
north Williamson Road areas. He stated that this represents another example of
cooperation by Roanoke City and Roanoke County.
HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT: Council Member Cutler
called attention to continuing progress on the Colonial Green development, and
expressed appreciation to the developer for working with residents of the area to
protect and increase the width of the buffer between existing housing and the new
development, while retaining the mixed use character of the project.
CITY SHERIFF: The Honorable George M. McMillan, Sheriff, presented a
communication advising of two new programs that have been implemented in the
Roanoke City Jail to enhance and improve the community; i.e.: the Offender
Reentry Program, which is a cooperative effort between the Roanoke Sheriff's
Office and the Virginia Department of Corrections, to provide life skills training to
soon-to-be released prison inmates from the Roanoke Valley; instead of being
traditionally released from prison to the local streets, inmates will be placed in the
program while they are still incarcerated in the Roanoke City Jail for approximately
45 to 90 days prior to release, and each inmate will be trained in cognitive
thinking, employability skills, substance abuse resistance, anger management,
money management, domestic violence avoidance, and other general life skills;
the cooperative effort would provide offenders with the opportunity to reintegrate
into the community with a foundation upon which to build productive lives; and
the program will provide another measure of income to the Sheriff's Office, which
is estimated to generate approximately $154,000.00 during fiscal year 2006.
He further advised that a contract was executed with the Virginia
Department of Corrections to house up to 25 inmates as part of the Jail Contract
Bed Program, which would also generate approximately $204,000.00 of additional
revenue in fiscal year 2006; the Department of Finance and the Sheriff's Office
project that the Offender Reentry and Jail Contract Bed Programs and other
177
programs in operation at the Roanoke City Jail would generate 'approximately $4
million in revenue to offset the Sheriff's Office budget request for fiscal year 2006;
and with an increase in State funds and revenues generated by the Sheriff's Office,
the City's cost will be reduced to approximately $3 million for fiscal year 2006.
Without objection by the Council, the Mayor advised that the communication
would be received and filed.
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.
REFUSE COLLECTION: Ms. Rhonda Conner, 1509 Patterson Avenue, S. W.,
advised that real estate taxes on several of her rental properties have increased
annually. She stated that bulk trash collection is provided at all of her properties,
with the exception of her largest investment property; therefore, she questioned
why she is not afforded the same bulk trash collection at all of her properties. She
advised that real estate investors and property owners pay more in real estate
taxes per year to the City than single-family homeowners, yet they do not receive
the same City services; and if she must pay additional taxes each year, the City of
Roanoke should provide solid waste collection at all her properties.
In order to respond to her concerns, Mayor Harris requested that Ms.
Conner provide specific information to the City Manager.
REFUSE COLLECTION: Mr. Chris Craft, 1501 East Gate Avenue, N. E.,
extended an invitation to the Members of Council to attend the annual Easter Egg
Hunt sponsored by First Baptist Church on March 26, 2005, at Victory Stadium.
He called attention to the need to remove debris from an area along Tinker
Creek and 13'h Street, N. E.
CITY MANAGER COMMENTS:
FIRE DEPARTMENT- CITY MANAGER-CITY EMPLOYEES-MINORITY/WOMEN
OWNED BUSINESSES-REGIONAL COOPERATION-PROCUREMENT CODE: The City
Manager commended City employees who participated in the City's first annual
talent show on Friday, February 18, 2005, which provided an opportunity to
showcase the many talents of Roanoke's employees. She advised that it is
anticipated that a second talent show will be held in 2006.
The City Manager advised that the City of Roanoke has been invited to make
a presentation at the next meeting of the Minority Supplier Development Council
in March 2005 in recognition of Roanoke's efforts to promote small business
application of the procurement policy.
178
The City Manager pointed out that expansion of Fire/EMS services to the
Mount Pleasant and north Williamson Road areas is another example of regional
cooperation by the City of Roanoke and Roanoke County that will improve the level
of service for both City and County residents. She commended the Chiefs of
Fire/EMS in Roanoke City and Roanoke County for their efforts to promote further
regional cooperation.
At 2:50 p.m., the Mayor declared the Council meeting in recess for two
Closed Sessions in the Council's Conference Room.
At 4:10 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member McDaniel moved that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information Act;
and (2) only such public business matters as were identified in any motion by
which any Closed Meeting was convened were heard, discussed or considered by
City Council. The motion was seconded by Council Member Cutler and adopted by
the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
OATHS OF OFFICE-COMMII-rEES-ROANOKE ARTS COMMISSION: The Mayor
advised that there is a vacancy on the Roanoke Arts Commission created by the
resignation of CourtneyA. Penn; whereupon, he opened the floor for nominations
to fill the vacancy.
Council Member Wishneff placed in nomination the name of Cathy C.
Greenberg.
There being no further nominations, Ms. Greenberg was appointed as a
member of the Roanoke Arts Commission, to fill the unexpired term of
Courtney A. Penn, resigned, ending June 30, 2007, by the following vote:
FOR MS. GREENBERG: Council Members Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, Wishneff, and Mayor Harris .................................................................. 7.
OATHS OF OFFICE-COMMII-rEES-INDUSTRIES: The Mayor advised that there
is a vacancy on the Industrial Development Authority created by the resignation of
William L. Bova; whereupon, he opened the floor for nominations to fill the
vacancy.
Council Member Wishneff placed in nomination the name of Stuart H.
Revercomb.
179
There being no further nominations, Mr. Revercomb was appointed as a
member of the Industrial Development Authority, to fill the unexpired term of
William L. Bova, resigned, ending October 20, 2005, by the following vote:
FOR MR. REVERCOMB: Council Members Cutler, Dowe, Fitzpatrick, Lea,
McDaniel, Wishneffand Mayor Harris .................................................................. 7.
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission created by expiration of the term of office of Stephen L. Jamison on
June 30, 2004; whereupon, he opened the floor for nominations to fill the vacancy.
Council Member Wishneff placed in nomination the name of Stephen S.
Willis.
There being no further nominations, Mr. Willis was appointed as a member
of the Personnel and Employment Practices Commission, for a term ending
June 30, 2007, by the following vote:
FOR MR. WILLIS: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
Wishneffand Mayor Harris ................................................................................... 7.
OATHS OF OFFICE-COIVlMI~-I-EES-LEAGUE OF OLDER AMERICANS: The Mayor
advised that the one year term of office of Vickie F. Briggs as the City's
representative to the League of Older Americans Advisory Committee will expire
on February 28, 2005; whereupon, he opened the floor for nominations to fill the
vacancy.
Council Member Wishneff placed in nomination the name ofVickie F. Briggs.
There being no further nominations, Ms. Briggs was reappointed as the
City's representative to the League of Older Americans Advisory Committee, for a
term ending February 28, 2006, by the following vote:
FOR MS. BRIGGS: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
Wishneffand Mayor Harris ................................................................................... 7.
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: The Mayor
advised that the three year terms of office of Robert C. Jones, Thomas Pettigrew,
Christene A. Montgomery, Sharon L. Stinnette, and Sherley E. Stuart as members
of the Parks and Recreation Advisory Board will expire on March 31, 2005;
whereupon, he opened the floor for nominations to fill the vacancies.
Council Member Wishneff placed the following names in nomination:
Robert C.Jones, Thomas Pettigrew, Christene A. Montgomery, Sharon L. Stinnette,
and Sherley E. Stuart.
180
There being no further nominations, Mr. Jones, Mr. Pettigrew, Ms.
Montgomery, Ms. Stinnette, and Mr. Stuart were reappointed as members of the
Parks and Recreation Advisory Board, for a terms ending March 31,2008, by the
following vote:
FOR MR. JONES, MR. PETTIGREW, MS. MONTGOMERY, MS. STINNETTE AND
MR. STUART: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
OATHS OF OFFiCE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The
Mayor advised that there is a vacancy on the Architectural Review Board created by
the resignation of Robert B. Manetta; whereupon, he opened the floor for
nominations to fill the vacancy.
Council Member Wishneff placed in nomination the name of Lora Katz.
There being no further nominations, Ms. Katz was appointed as a member
of the Architectural Review Board, to fill the unexpired term of Robert B. Manetta,
resigned, ending October 1,2006, by the following vote:
FOR MS. KATZ: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel,
Wishneffand Mayor Harris ................................................................................... 7.
At 4:15 p.m., the Mayor declared the Council meeting in recess until
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Tuesday, February 22, 2005, the Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
C. Nelson Harris presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, BrianJ. Wishneffand MayorC.
Nelson Harris ....................................................................................................... 7.
ABSENT: None ........................................................................................... O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of Americawas led
by Mayor Harris.
181
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation to Seth Sprinkle,
Senior Counselor, Roanoke Valley DeMolayChapter, declaring the month of March
2005 as DeMolay Month.
PARKS AND RECREATION-BLUE RIDGE PARKWAY: The City Manager
submitted a communication advising that over the past year, the Blue Ridge
Parkway has been working in concert with the Virginia Department of
Transportation (VDOT), the Department of Conservation and Recreation, Scenic
Virginia, three other National Park Service sites in Virginia (George Washington
Memorial Parkway, Colonial National Historic Park, and Shenandoah National Park),
and other related organizations to prepare four nominations for the National
Scenic Byway/Ali-American Road Program; and currently, Virginia has no National
Scenic Byways featured on certain maps and websites used by potential tourists
from all over the world.
It was further advised that the Blue Ridge Parkway would be one of the four
byways nominated; the National Park Service is seeking support for the nomination
from localities through which the Parkway is located; while the designation is one
of recognition only, it is sought in order to raise awareness of the significance of
the Parkway and to potentially leverage other resources to aid in the protection of
the Parkway as ascenic, cultural, and historic resource; and the designation could
aid in obtaining National Park Service funding for continued regional planning
efforts and could also leverage various grant applications made by local public and
private stakeholder groups.
The City Manager recommended that Council adopt a resolution expressing
the City of Roanoke's support for the nomination of the Blue Ridge Parkway for the
National Scenic Byway/All American Road program.
Council Member Cutler offered the following resolution:
(#36976-022205) A RESOLUTION supporting the designation of the Blue
Ridge Parkway for the Scenic Byway/All American Road Program.
(For full text of resolution, see Resolution Book No. 69, Page 283.)
Council Member Cutler moved the adoption of Resolution No.
36976-022205. The motion was seconded by Vice-Mayor Fitzpatrick.
Gary Johnson, Superintendent, Blue Ridge Parkway, expressed appreciation
to Council, the City Manager and the Director of Planning, Building and
Development for the City's support of the nomination of the Blue Ridge Parkway
for the National Scenic Byway All American Road Program.
There being no questions or comments by Council Members, Resolution No.
36976-022205 was adopted by the following vote:
182
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0 .
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, February 22, 2005, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of The Scott Robertson Memorial Fund that
the easternmost 250 feet of Densmore Road, N.W., be closed and discontinued by
barricade, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday February 4, 2005 and Friday, February 11,2005.
The City Planning Commission submitted awritten report advising that the
portion of Densmore Road in question is adjoined by parcels zoned Residential
Single - family, High Density District; the grounds of the Roanoke County Club
surround the subject potion of right-of-way along the parcel owned by the Scott
Robertson Memorial Fund; and Westside Elementary School for the Performing and
Visual Arts is located to the west.
It was further advised that the petitioner proposes to install a locked gate
over the right-of-way and provide access to the Roanoke Country Club, the City,
and all utility providers, as necessary since the subject portion of right-of-way does
not serve any other property owner; the location of the barricade will be
approximately at the westernmost boundary of Official Tax No. 2670906; and the
petitioner advises that the gate will allow securityofthe site and prevent the right-
of-way from being used by motorists late at night.
The City Planning Commission recommended that Council deny the request
to close the subject portion of Densmore Road, N. W. It was noted that the
Planning Commission was of the opinion that the applicant had other options for
addressing security of the site that should be pursued, including fencing of the
site parallel to the existing right-of-way or by seeking vacation of the portion of
the right-of-way in its entirety.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36977-022205) AN ORDINANCE authorizing the alteration and closing by
barricade of certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading bytitle
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 284.)
183
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36977-022205.
The motion was seconded by Council Member McDaniel.
Richard B. Burrow, Volunteer Spokesperson, representing the petitioner,
appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing; whereupon, the following persons
addressed the Council.
Jennifer Blackwood, Executive Director, advised that First Tee of Roanoke
Valley is one of seven chapters in the Commonwealth of Virginia, and one of 200
nationally that utilizes golf to teach life skills, character education, etc. She
further advised that approximately two years ago, The Scott Robertson Memorial
Fund, which is the parent organization that is creating the First Tee Chapter in
Roanoke, purchased land on Densmore Road and spent approximately
$500,000.00 to convert an abandoned house and three acres of land into a golf
learning academy consisting of a large teaching putting green, a driving range
using a restricted flight ball, and a short game area with sand hazards and tees;
and the program is available to children who would not otherwise have access to
golf.
Ms. Blackwood stated that the First Tee Program recently conducted a
nation wide study of parents, teachers and children using a life skills curriculum
and over 76% of parents surveyed reported an increase in their child's confidence
level, grades in school, social ability and display of respect as a result of
participation in the program.
With regard to the request forthe barricade closure, Mr. Burrow advised that
The Scott Robertson Fund has spent a considerable amount of money on
landscaping, installation of special turf and the driving area; and because of
concerns regarding vandalism at the dead-end of Densmore Road, the Foundation
would prefer to control access to the property for security purposes.
Council Member McDaniel inquired about the City's position concerning the
barricade closure; whereupon, R. Brian Townsend, Director of Planning, Building
and Development advised that Planning staff recommended approval of the
request to close a portion of Densmore Road, by barricade, with the petitioner to
be responsible for erecting a gate with a lock system that would allow access to
the right-of-way by Roanoke Country Club, the City of Roanoke, or any party
representing or acting on behalf of the City of Roanoke, and all public utility
companies; however, the City Planning Commission disagreed with Planning staff
and the petitioner in terms of how to address the situation. Mr. Townsend
explained that the Planning Commission believed the better alternative was either
to vacate the right-of-way by street closure process, which would remove the City's
rights to the public right-of-way, or request First Tee to fence the perimeter of its
184
property as opposed to barricading the right-of-way; and the Planning
Commission's rationale for not recommending approval of the application was due
to the fact that there were two other viable options that would accommodate the
needs of First Tee.
Council Member McDaniel asked if the right-of-way could be permanently
vacated and closed; whereupon, Mr. Townsend stated that since First Tee is not
the owner of the entire property on either side of the right-of-way, it would involve
coordination of the closure with other adjoining properties.
Council Member McDaniel inquired about the liability issue of barricading
the right-of-way; whereupon, the City Attorney expressed concern with regard to
the erection of the barricade across the public right-of-way and the assurance of
public safety access to the area.
The City Manager commended the Board of Directors and Tom Robertson
for constructing the facility in the City of Roanoke. She called attention to the
significant contribution that the program will offer to underserved young people in
the Roanoke area.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no further discussion by Council, Ordinance No. 36977-022205
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
STREETS AND ALLEYS-WATER/RESOURCES: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 22, 2005, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on the request of the Western
Virginia Water Authority that portions of Bennington Street, Brownlee Avenue,
Kindred Street, and Underhill Avenue, S. E., and associated alleys south of the
Roanoke Regional Wastewater Treatment Plant 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 February 4, 2005, and Friday, February 11,2005.
The City Planning Commission submitted awritten report advising that the
petitioner requests vacation of portions of Bennington Street, Brownlee Avenue,
Kindred Street, and Underhill Avenue, S. E., and associated alleys to allow for
expansion of the Roanoke Regional Wastewater Treatment Plant (RRWTP); and the
City of Roanoke and the Western Virginia Water Authority own the adjoining
parcels of land.
185
The City Planning Commission recommended that Council approve the
request to vacate, discontinue and close the subject portions of streets and alleys,
subject to certain conditions.
Council Member Cutler offered the following ordinance:
(#36978-022205) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 285.)
Council Member Cutler moved the adoption of Ordinance No.
36978-022205. The motion was seconded by Council Member McDaniel.
Michael T. McEvoy, Executive Director, Western Virginia Water Authority,
appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to be
heard in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no discussion or comments by Council Members, Ordinance No.
36978-022205 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
NEIGHBORHOOD ORGANIZATIONS-ZONING-STREETS AND ALLEYS: Pursuant
to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the
City Clerk advertised public hearings for Tuesday, February 22, 2005, at 7:00 p.m.,
or as soon thereafter as the matters may be heard, in the City Council Chamber,
on the following:
Request of Rockydale Quarries Corporation that the Southern Hills
Neighborhood Plan, acomponent of Vision 2001 - 2020, the City's
Comprehensive Plan, be amended to accommodate a recent
boundary line adjustment and other changes in the text of the
Plan.
Request of Rockydale Quarries Corporation that properties located
on Franklin Road, Old Rocky Mount Road, Welcome Valley Road
and Van Winkle Road, S. W., bearing Official Tax Nos. 5380106,
5380107, 5380108, 5380123, and 5380110, zoned C-1, Office
District; Official Tax No. 5380125, zoned RS-l, Residential Single
Family District; Official Tax Nos. 5390110, 5390117, 5390109,
186
5390108, 5390106, and 5390105, zoned RS-3, Residential
Single Family District, be rezoned to HM, Heavy Manufacturing
District; and Official Tax Nos. 4530202, 4530203, and 4530205,
zoned HM, Heavy Manufacturing District, be rezoned to RA,
Residential Agricultural District, subject to certain conditions
proffered by the petitioner.
Request of Rockydale Quarries Corporation that the following
streets be permanently vacated, discontinued and closed: (1)
Draper Road from its intersection with U. S. 220 North (Franklin
Road) to its terminus at Old Rocky Mount Road; (2) Old Rocky
Mount Road from its terminus on the westerly side of Official Tax
No. 5370109, north approximately 1032.66 feet to Official Tax
No. 5370106; and (3) Welcome Valley Road, from its intersection
with Old Rocky Mount Road east for an approximate distance of
130 feet along Official Tax No. 5390110.
Legal advertisements of the above referenced public hearings were
published in The Roanoke Times on Friday, February 4, 2005 and Friday,
February 11, 2005.
The City Planning Commission submitted awritten report advising that the
petitioner proposes the following changes to the Southern Hills Neighborhood
Plan:
In the Community Design section, under Land Use Patterns (p.3),
strike the reference to the Rockydale property west of Old Mountain
Road.
On the Future Land Use Map (p.4), change the designation of Tax Map
No. 5380106 from a Mixed Density Residential use to an Industrial
use.
On the Future Land Use Map (p.4), change the designation of Tax Map
Nos. 5380107, 5380108, 5380110, 5380123, 5390105, 5390106,
5390108, 5390109, 5390110, and 5390117 from Single Family
Residential uses to Industrial uses.
On the Future Land Use Map (p.4), designate the property recently
brought into the City of Roanoke's jurisdictional boundaries, known
as Tax Map No. 5380125, as an Industrial use.
In the Residential Development section under Trends and
Opportunities (p.6), strike the subsection reading: "Rockydale has a
30+ acre property to the west of Old Mountain Road. A portion of the
property is very steep, but a large portion may be appropriate for
residential development."
187
On the Residential Development Opportunities map(p.7), remove the
Mixed Density Residential designation on Tax Map No. 5380106 and
the New Single-Family designation on Tax Map Nos. 5380107,
5380108, 5380110, 5380123, 5390106, and 5390108.
On the Economic Development Opportunities Map (p.9), designate
Tax Map Nos. 5380106, 5380107, 5380108,5380110, 5380123,
5390105, 5390106, 5390108, and 5390109 as Industrial.
It was further advised that Planning staff believes that the request to revise
the recommended land use to industrial is reasonable, given the fact that the
companion rezoning petition limits the potential uses and many aspects of the
quarry operation on the parcels; proposed changes support an expansion of the
existing use and do not attempt to increase production on the overall site, but
extends the life of the quarry; and, in addition, there are no other industrially
designated properties within the neighborhood, and possibly throughout the City
that would be a feas ble and appropriate site for a unique use such as a quarry.
It was noted that Section 15.2-2224, Code of Virginia (1950), as amended,
requires localities to consider mineral resources in the comprehensive planning
process that are identified and surveyed by the Virginia Department of Mines,
Minerals and Energy(DMME); and the existing quarry and proposed expansion area
contain mineral resources identified by DMME.
The City Planning Commission recommended Council approve amendment
of the Southern Hills Neighborhood Plan as a component of Vision 2001-2020, the
City's Comprehensive Plan.
With regard to the above referenced rezoning of properties located
on Franklin Road, Old Rocky Mount Road, Welcome Valley Road and
Van Winkle Road, S. W., the City Planning Commission submitted awritten report
advising that the proposed rezoning of the subject parcels is consistent with the
following actions of Vision 2001-2020, the City's Comprehensive Plan:
Roanoke will protect the steep slopes, ridge tops and view sheds
within the City as important environmental and scenic resources and
will cooperate regionally to protect such resources located outside of
the City.
Protect Blue Ridge Parkway corridors adjacent to the City limits
through coordination with adjacent localities and careful planning.
It was noted that Planning staff believes that potential visual and acoustical
impact of the quarry expansion has been adequately studied and addressed by the
petitioner.
188
The City Planning Commission recommended approval of the request for
rezoning; and advised that with its associated proffers, the petition is a
reasonable request to rezone the subject parcels of land for a long term
expansion of the quarry facility and the protection of views and land uses
immediately adjacent to the Mill Mountain Spur of the Blue Ridge Parkway.
With regard to vacating, discontinuing and closing Draper Road from its
intersection with U. S. 220 North to its terminus at Old Rocky Mount Road and Old
Rocky Mount Road from its terminus on the westerly side of Official Tax No.
5370109 north to a distance of 1032.66 feet to Official Tax No. 5370106, and
Welcome Valley Road from its intersection with Old Rocky Mount Road east for
approximately 130 feet along Official Tax No. 5390110 as above described, the
City Planning Commission advised that the petitioner is requesting the street
vacations to allow for expansion of its facilities; the petition is concurrent with a
rezoning petition and an amendment to the Southern Hills Neighborhood Plan;
and the petitioner has proposed the following uses of the vacated rights-of-way:
Draper Road: Draper Road will become a private means of
ingress/egress for the petitioner.
Old Rocky Mount Road: The vacated portion of Old Rocky Mount
Road will be used as part of the petitioner's expansion.
Welcome Valley Road: The petitioner agrees to realign Welcome
Valley Road and dedicate it to the City, after which the subject
portion of right-of-way will be vacated.
The City Planning Commission recommended approval of the request to
vacate, discontinue and close the subject portions of rights-of-way, subject to
certain conditions as more fully set forth in the report, and further recommended
that the petitioner not be charged for the vacated rights-of-way due to
improvements that the petitioner will be required to make and then dedicate to
the City and the Virginia Department of Transportation.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36979-022205) AN ORDINANCE approving the amendment of the
Southern Hills Neighborhood Plan, and amending Vision 2001- 2020, the City's
Comprehensive Plan, to reflect the amendment of the Southern Hills
Neighborhood Plan; and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 69, Page 288.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36979-022205.
The motion was seconded by Council Member Dowe.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
requests of the client.
189
The Mayor inquired if there were persons present who would like to speak in
connection with amendment of the Southern Hills Neighborhood Plan, the request
for rezoning, and the request for closure of streets; whereupon, the following
persons addressed Council.
The Reverend David Derrow, 41 ] 7Welcome Valley Road, N. E., Senior Pastor,
New Hope Christian Church, advised that the Church held meetings with
representatives of Rockydale Quarries Corporation to address concerns with
regard to traffic issues from Mount Pleasant to Route 220 (Franklin Road). He
stated that the petitioner was responsive to their concerns, therefore, the Church
does not oppose the rezoning.
Charles Reed, 4150 Welcome Valley Road, N. E., advised that since the
rezoning will benefit the entire neighborhood, he supports the petitioner's
request for rezoning and expansion.
Michael A. Loveman, representing Lanford Brothers Company, spoke in
support of the petitioner's proposal. He advised that Lanford Brothers is proud of
the work of the highway industry to better the community and Rockydale Quarries
has served as an ally for highway construction; Lanford Brothers Company is proud
of the highway industry's Partners in Education Program, the objectives of which
are to make students aware of the importance of maximizing the opportunity to
obtain an education in Roanoke Valley high schools, to make students aware of
career opportunities that exist in the highway industry, and to make students
aware of the importance of businesses being good corporate citizens. He
commended Rockydale Quarries Corporation for being leader in all three of the
objectives; and through the Partners in Education Program, Lanford Brothers
Company has constructed three sections of the Murray Run Greenway. He pointed
out that Rockydale Quarries Corporation donated thousands of dollars worth of
stone to various projects, and shared driving safety tips in work zones and career
opportunities in the highwayindustrywith high school students from the Roanoke
Valley.
Lucy Lowe, 5043 Franklin Road, S. W., advised that she has lived near the
Rockydale Quarries site for over 50 years. She encouraged Council to approve the
proposal.
Carl Cooper, 3160 Round Hill Avenue, N. W., Chair, Roanoke Neighborhood
Advocates, (RNA), advised that the RNA has not taken a position on the merits of
the petitions submitted by Rockydale Quarries Corporation; however, the
organization objects to the process due to the lack of communication with the
neighborhood relating to proposed changes to the Southern Hills Neighborhood
Plan. He stated than any changes should be a collaborative effort between the
City and residents of the area.
(See communication on file in the City Clerk's Office.)
190
Edward Kennedy, 4097 Welcome Valley Road, N. E., spoke in support of the
petition for rezoning and urged Council to approve the recommendation of the
City Planning Commission. He stated that the proposed rezoning would protect
the character of the neighborhood and the view from the Blue Ridge Parkway.
Sandra Carroll, Executive Director, Greenvale Nursery School, spoke in
support of the request for rezoning. She advised that the primary and targeted
population at Greenvale Nursery School consists of at-risk, disadvantaged children
and their families, and without the support of civic-minded businesses like
Rockydale Quarries Corporation, vital community programs would no longer be
available; therefore, it is important that local civic and community-minded leaders
be encouraged to continue to operate in the Roanoke Valley. She stated that the
proposal of Rockydale Quarries is a balanced plan that will allow the company to
double its remaining life in the Roanoke Valley; and it was a refreshing experience
to see business and residents working together in partnership for the common
good.
Gary Wright, President, Adams Construction Company, advised that during
the past three years, Adams Construction Company produced an average of
81,000 tons of hot mixed asphalt, and approximately 30,000 tons went to the City
of Roanoke for maintenance overlay, with the remaining tons going to various
commercial projects in Roanoke City and Roanoke County. He stated that
Rockydale Quarries has operated for approximately 77 years and Adams
Construction Company, has operated for about 60 years; and Rockydale Quarries
provides a competitive source of aggregate necessary for economical growth and
development for the community and approval of the rezoning will ensure a tax
base to Roanoke City and a source of materials to Adams Construction Company
for an additional 20 years. He pointed out that the petition for rezoning does not
increase the intensity of the Rockydale Quarries operation.
Willia M. Daley, Senior Vice-President, J. W. Burress Inc., spoke in support of
the expansion of Rockydale Quarries. He advised that J. W. Burress Inc., has
operated since 1934 and Rockydale Quarries shares a similar history; and the
Roanoke Valley has benefited from grass root job opportunities provided by both
companies. He stated that Rockydale Quarries Corporation provides economic
opportunities to the Roanoke Valley, not only as agood corporate citizen, but as a
provider and buyer of services; and its business relationship as a member of the
City relies on strong community roots. He indicated that expansion of Rockydale
Quarries will benefit the community by providing additional jobs, other
opportunities, and continued prosperity for citizens.
Roger B. Holnback, Executive Director, Western Virginia Land Trust, spoke in
support of the petitions of Rockydale Quarries Corporation. He advised that the
Land Trust provides voluntary conservation outreach and education to support the
quality of life for all citizens in the Roanoke Valley; Rockydale Quarries owns a very
critical piece ofviewshed property associated with the Blue Ridge Parkway and the
Fishburn Bypass going up to Mill Mountain; and a condition proffered by the
petitioner includes a scenic easement on the lO ~ - 11 acres of land facing the
Fishburn Parkway.
191
Jack Jordan, 4237 Griffin Road, S. W., an employee of Rockydale Quarries
Corporation, spoke in support of the petition for rezoning.
Sandra D. Slone, 4219 Yellow Mountain Road, spoke in support of the
petition for rezoning and commended Rockydale Quarries on the proposal to
install a traffic light at the intersection of Draper Road and U. S. Route 220
(Franklin Road).
Daphne Depuy, 2719 Rosalind Avenue, S. W., spoke in support of the
proposed rezoning and proffered conditions to protect the scenic watershed
submitted by Rockydale Quarries. She commended the petitioner for preserving
the view and advised that the proposed traffic improvements will have a positive
impact on the Southern Hills neighborhood.
James M. Turner, Jr., President, advised that J. M. Turner Construction
Company has done business with Rockydale Quarries Corporation for over
50 years; they are a model corporate citizen, and the proposal will be awin-win for
everybody.
James Dearing, 1502 Westover Avenue, S. W., spoke in support of the
request for rezoning.
Margaret Lester, 4013 Welcome Valley Road, N. E., spoke in support of the
proffer to install atraffic signal at the intersection of Draper Road and U. S. Route
220 (Franklin Road); and asked that Council support the petition for rezoning.
Ann B. Paris, 3789 Sandlewood Road, Roanoke County, spoke in support of
closing the street for expansion of the Rockydale Quarries Corporation. She
expressed appreciation for the conservation easement on the watershed property
on the Blue Ridge Parkway and the Fishburn Bypass.
Gary Johnson, Superintendent, Blue Ridge Parkway, Asheville, North Carolina,
spoke in support of the expansion project and expressed appreciation for the
opportunity to be a part of the planning process from the beginning.
Council Member Dowe requested a clarification of Mr. Cooper's concerns
with regard to the process of amending neighborhood plans; whereupon,
Mr. Cooper advised that there is no formal process that neighborhoods are aware
of. He pointed out that a Neighborhood Plan is an agreement between the
neighborhoods and the City of Roanoke, and ifa Neighborhood Plan is revised, the
neighborhoods should be included in the process.
Council Member Lea inquired if the neighborhood received notification and
engaged in dialogue with representatives of Rockydale Quarries Corporation;
whereupon, Ms. Goodlatte advised that several meetings were held with
neighborhood groups in the City of Roanoke and Roanoke County prior to the City
Planning Commission's public hearing on January 20, 2005. She further advised
that Mr. Cooper shared his concerns during the Planning Commission's public
hearing, and the Planning Commission determined that Rockydale Quarries and
192
staff had followed the proper procedure. Due to concerns expressed by
Mr. Cooper at the Planning Commission's meeting, she stated that City staff and
representatives of Rockydale Quarries held several meetings with the Southern
Hills Neighborhood Association to address other issues and/or concerns, and at
the conclusion of the meetings, no objections were raised regarding amendment
to the Southern Hills Neighborhood Plan.
There being no further speakers or discussion by Council Members, the
Mayor declared the public hearing closed on the Southern Hills Neighborhood
Plan.
Ordinance No. 36979-022205 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36980-022205) AN ORDINANCE to amend Section 36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 538, 539 and 453, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 289.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36980-022205.
The motion was seconded by Council Member McDaniel.
The Mayor inquired if there were other persons who wished to be heard in
connection with the request for rezoning. There being none, he declared the
public hearing closed.
There being no further comments by Council Members, Ordinance No.
36980-022205 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ................................................................................................ O.
Council Member McDaniel offered the following ordinance:
193
(#36981-022205) AN ORDINANCE permanentlyvacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading bytitle
of this ordinance.
(For full text of ordinance, See Ordinance Book 69, Page 291.)
Council Member McDaniel moved the adoption of Ordinance No.
36981-022205. The motion was seconded by Council MemberDowe.
The Mayor inquired if there were other persons who wished to be heard in
connection with the request to vacate, discontinue and close the above referenced
streets. There being none, he declared the public hearing closed.
There being no further comments by Council Members, Ordinance No.
36981-022205 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
ENTERPRISE ZONE: Pursuant to action taken by the Council, the City Clerk
having advertised a public hearing for Tuesday, February 22, 2005, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the proposal of the City of
Roanoke to amend the boundaries of Enterprise Zone OneA, Enterprise Zone One
A local incentives, and Enterprise Zone Two and its Subzone local incentives, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday February 7, 2005 and Monday, February 14, 2005, and in The
Roanoke Tribune Thursday, February 10, 2005.
The City Manager submitted a communication advising that since the
approval of Enterprise Zone One A, retroactive to January 1,2004, certain events
have necessitated an amendment to the zone boundary and certain local zone
incentives; Zone One A boundary amendment includes addition of the East End
Shops, Parkside Plaza in Southeast Roanoke and approximately 100 acres along
the east side of Williamson Road south of Elm Avenue; and adding the properties,
some of which are in the flood plain, could stimulate additional opportunities for
revitalization where buildings are currently vacant or underutilized.
It was further advised that the City of Roanoke also proposes to amend local
incentives for both Enterprise Zone One A and Enterprise Zone Two and its
Subzone to cap local incentives providing grants through the Industrial
Development Authority of the City of Roanoke, Virginia (IDA) for water, sewer and
194
fire hookup fees; such amendments are needed due to the assumption of all
assets associated with water and sewer by the Western Virginia Water Authority
(WVWA) on July 1,2004; and the limit for the maximum amount of such hookup
fees is equal to the amounts adopted by the WVWA.
It was stated that as part of the amendment to Enterprise Zone Two and its
Subzone, such local incentives will be by grants through the IDA as opposed to the
former rebates since the City no longer receives such fees; Ordinance Nos. 35820-
041502 and 36782-071904 need to be amended to reflect such changes;
Ordinance No. 35820-041502 needs to be amended to extend the period of
availability of all local incentives, as amended, for Enterprise Zone Two and its
Subzone from June 30, 2007, through December 31,2015; in accordance with the
Department of Housing and Community Development's Virginia Enterprise Zone
Program regulations, the local governing body must hold at least one public
hearing affording citizens or interested parties an opportunity to be heard on such
matters before submitting an amendment application to the department for
consideration; and amendments are subject to approval by the Virginia
Department of Housing and Community Development (VDHCD).
Lacking comments at the public hearing that would require further
consideration, the City Manager recommended that Council adopt the appropriate
measures, including amendment of the above referenced ordinances, to extend
the boundary of Enterprise Zone One A and to amend certain local incentives for
Enterprise Zone One A and Zone Two and its Subzone, subject to approval by the
VDHCD, effective April 1,2005, for the amended local incentives; and that Council
authorize the City Manager to apply to the VDHCD for approval of the above
referenced amendments and to take such further action and/or to execute such
additional documents as may be needed to obtain or confirm such amendments
and to establish appropriate rules and regulations as may be needed to implement
and administer such local incentives once approved.
Vice-Mayor Fitzpatrick offered the following resolution:
(#36982-022205) A RESOLUTION authorizing the proper City officials to
make a boundary amendment to Roanoke's Enterprise Zone One A that will add
certain areas not currently in Enterprise Zone One A; and authorizing the City
Manager to apply to the Virginia Department of Housing and Community
Development for approval of such boundary amendment and to take such further
action as may be necessary to obtain and implement such boundary amendment.
(For full text of resolution, see Resolution Book No. 69, Page 294.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 36982-
022205. The motion was seconded by Council Member 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.
195
There being no questions or comments by Council Members, Resolution No.
36982-022205 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and
Mayor Harris ........................................................................................................ 6.
NAYS: None ............................................................................................... 0.
(Council Member Cutler was not present when the vote was recorded.)
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36983-022205) AN ORDINANCE amending Ordinance No. 36782-071904,
adopted by City Council on July 19, 2004, by modifying certain local incentives
contained therein for Enterprise Zone One A; authorizing the City Manager to
apply to the Virginia Department of Housing and Community Development
(VDHCD) for the approval of the above amendment and/or to take such further
action as may be necessary to obtain or confirm such amendment; establishing an
effective date; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 296.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36983-022205.
The motion was seconded by Council Member Dowe and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... 0.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36984-022205) AN ORDINANCE amending Ordinance No. 35820-041502,
adopted by City Council on April 15, 2002, by modifying certain local incentives
contained therein; by extending the availability of such local incentives for
Enterprise Zone Two and its Subzonethrough December 31,2015; authorizing the
City Manager to apply to the Virginia Department of Housing and Community
Development (VDHCD) for the approval of the above amendments and/or to take
such further action as may be necessary to obtain or confirm those amendments;
establishing an effective date; and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 299.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36984-022205.
The motion was seconded by Council Member Dowe and adopted by the following
vote:
196
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................................................................. 7.
NAYS: None ............................................................................................... O.
EASEMENTS-ROANOKE CIVIC CENTER-AMERICAN ELECTRIC POWER: Pursuant
to action taken by the Council, the City Clerk having advertised a public hearing
for Tuesday, February 22, 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 convey an easement across
City-owned property to Appalachian Power Company at the Roanoke Civic Center
facilities, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 11,2005.
The City Manager submitted a communication advising that Appalachian
Power Company has requested a variable width utility easement across City~owned
property identified as Official Tax Nos. 3024004 and 3014003 to extend an
existing power line on the site to provide electric service to the facility; and the
extension will utilize both overhead and underground lines, the location of which
shall be approved by the City.
The City Manager recommended that she be authorized to execute the
appropriate documents granting an easement as above described to Appalachian
Power Company, subject to approval as to form by the City Attorney.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#36985-022205) AN ORDINANCE authorizing the conveyance of a variable
width easement on City-owned property known as the Roanoke Civic Center,
identified by Official Tax Nos. 3024004 and 3014003, to Appalachian Power
Company, to extend an existing power line at the Roanoke Civic Center to provide
electric service to that facility, 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 304.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 36985-022205.
The motion was seconded by Council Member 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.
36985~022205 was adopted by the following vote:
197
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................................................................. 7.
NAYS: None ............................................................................................... 0.
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A petition filed by Jessie and Margaret
Taylor appealing a decision of the Architectural Review Board, which was rendered
on December 9, 2004, that no Certificate of Appropriateness be issued with
regard to property located at 34 Gilmer Avenue, N. E., for a metal carport, was
before Council.
Mrs. Taylor advised that the request to install acarport at 34 GilmerAvenue,
N. E.,was denied by the Architectural Review Board; and although her residence is
located in a historic neighborhood, she did not understand the rationale of the
Board in denying the request to install acarport to protect a new vehicle from the
outside elements.
Robert N. Richert, Chair, Architectural Review Board, advised that:
In July 2004, Mr. Taylor requested a Certificate of
Appropriateness for a metal carport at his residence at 34
Gilmer Avenue, N. E., which is within the H-2, Neighborhood
Preservation District.
The Agent to the Architectural Review Board (ARB) met with Mr.
Taylor to discuss the project and to arrange for the required
design review.
The two-story, Folk Victorian frame house was built in 1910
and remains in good condition.
Staff advised Mr. Taylor that the metal carport would not be in
keeping with the historic district guidelines and suggested a
design that would be more compatible with the design of the
house. Mr. Taylor investigated the possibility, but maintained
his original request.
Mr. Taylor filed an application for a Certificate of
Appropriateness which was considered by the ARB on
August 12, 2004, at which time he stated that he wanted to
erect a temporary carport until he had funds to build a garage.
ARB members expressed concern about the design of the
carport and suggested that Mr. Taylor consider a permanent
garage or a carport attached to the house; and Mr. Taylor
stated that he intended to build a garage later when finances
198
allowed; he needed the carport to protect his wife's new
vehicle. The Board believed that the proposed design would
not be compatible with the character of the historic district and
requested that he work with staff for a better design. At the
request of the applicant, the application was tabled until the
September Board meeting.
Mr. Taylor requested that the application be tabled again until
the October Board meeting; and at the October Board meeting,
Mr. Taylor failed to appear. The Board decided to table the
application until the November Board meeting; however, just
prior to the November meeting, Mr. Taylor again requested that
the matter be tabled until the December Board meeting for
personal reasons. Mr. Taylor appeared before the Board at the
December 9, 2004 meeting with the same request. The staff
report recommended denial because the application was not
consistent with the H-2 guidelines or the intent of the historic
district. The Board expressed concern again that the metal
carport was not in keeping with the historic district guidelines
or the character of the neighborhood because of its shape,
material and design.
Mr. Richert further advised that:
The H-2 Architectural Design Guidelines adopted by the ARB
and endorsed by Council state that the design and placement
of accessory structures can have an important influence on a
building's overall appearance.
The guidelines further recommend that the following be
considered for accessory structures:
Adopt a compatible style or use design motifs of the
original building.
Locate as inconspicuously as possible on the side or rear of
building.
Choose materials that are compatible with the existing
structure and are appropriate to the residential character of
the historic district.
Use roofing forms and material that are compatible with
those of the main building.
Staff did not identify any other similar appeals to City Council,
or any recent applications for carports, or any other accessory
structures that are analogous to these circumstances.
199
On behalf of the Architectural Review Board, Mr. Richert recommended that
Council affirm the decision to deny issuance of a Certificate of Appropriateness.
Council Member Wishneff inquired if anyone from the Gainsboro
neighborhood had objected or expressed an opinion with regard to the request;
whereupon, the Director of Planning, Building and Development responded that no
testimony or comments other than the applicants, was received at the meeting of
the Architectural Review Board on December 6, 2004.
Council Member Wishneff questioned the appearance of the carport;
whereupon, Mr. Townsend advised that the Building Code requires that astructure
be permanently attached to the ground.
Council Member Dowe inquired as to how long the proposed carport will be
in place; whereupon, Mr. Taylor indicated that due to financial reasons, he could
not provide a definitive answer.
Council Member Lea inquired if Mr. and Mrs. Taylor were aware of the
requirements of living in a historic district; whereupon, Mr. Taylor advised that
although he has resided at the location for 18 years, he was not aware of the
historic district requirements.
Council Member Lea inquired if there are any available grant programs for
historic neighborhoods; whereupon, Mr. Townsend advised that he was not
familiar with any State or Federal grants; and upon adoption of the historic
neighborhood designation on the State and Federal registers, some opportunities
may be available to property owners in the Gainsboro neighborhood through
historic tax credits for rehabilitation of properties that are owner occupied.
Based upon the evidence presented to the Council, Council Member Cutler
moved that the decision of the City of Roanoke Architectural Review Board on
December 9, 2004, as set forth in a letter dated December 14, 2004, be affirmed,
and that no Certificate of Appropriateness be issued to allowa metal carport at
34 Gilmer Avenue, N. E., to be constructed as requested in the petition for appeal
on the grounds that the proposed shape, material and design of the carport would
not be in keeping with the historic guidelines or character of the neighborhood.
The motion was seconded by Council Member McDaniel.
Council Member Wishneff advised that since the standard procedure
followed by the Architectural Review Board is subjective, and since no neighbors
appeared before the Board or the Council to oppose the request, he would vote
against the motion to deny a Certificate of Appropriateness to be issued to Mr.
and Mrs. Taylor to allow construction of a metal carport at 34 GilmerAvenue, N. E.
There being no further discussion or comments by Council Members, the
motion offered by Council Member Cutler, seconded by Council Member McDaniel
was adopted by the following vote:
2OO
AYES: Council Members Dowe, Fitzpatrick, McDaniel, Cutler and Mayor
Harris .................................................................................................................. 5.
NAYS: Council Members Lea and Wishneff- ................................................. 2.
HEARING OF CITIZENS UPON PUBLIC MA~q-ERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
COMPLAINTS-POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT: Mr.
Thomas Ruff, 731 Wildhurst Avenue, N. E., expressed concern with regard a tow
truck that is parked in the neighborhood and noise at all hours of the day and
night which has disrupted the quality of life in the neighborhood. He requested
that the City Code be amended to prohibit the parkingoftowtrucks in residential
neighborhoods.
Vice-Mayor Fitzpatrick requested that the City Manager determine if other
complaints have been filed with regard to the parking oftowtrucks in residential
neighborhoods.
Mayor Harris suggested that Mr. Ruff provide information to the City
Manager with regard to the number of times that the tow truck exits and enters
the neighborhood and that City staff meet with the owner of the vehicle to discuss
the matter.
CITY MARKET-TAXES-REAL ESTATE VALUATION-OUTDOOR DINING: Mr.
Robert Craig, 701 12'h Street, S. W., commented about the previous discussion
regarding the decision of the Architectural Review Board to deny a Certificate of
Appropriateness for installation of a carport in a historic neighborhood, yet a
double wide tin building valued at $225,000.00, was constructed in another
historic neighborhood.
He extended an apology to Vice-Mayor Fitzpatrick for his remarks which
were published in The Roanoke Times regarding the return of trolley cars to
Roanoke City, and acknowledged with appreciation the polite response by Vice-
Mayor Fitzpatrick.
Mr. Craig stated that businesses in the City Market Building Food Court were
not aware of the recent decision by Council to not allow franchise vendors to
operate in the City Market Building.
Mr. Craig questioned real estate assessments for residential property in the
City of Roanoke, and noted that no action was taken by the Council with regard to
his previous suggestion that the City engage an outside assessor to assess all City
property at 100%of the current market value. He called attention to language on
the Real Estate Assessor's website indicating that all residential property is
assessed at 100 per cent, which he believes to be false information.
201
Mr. Craig inquired if there is a conflict of interest with the Director of Real
Estate Valuation reporting to the Director of Finance, since one position involves
the raising of revenue and the other position deals with the expenditure of the
City's revenue. He stated that the City's budget planners previously advised ora
revenue shortfall in the near future; and tax revenue for the City is declining in
every category except real property, yet real estate assessments continue to
increase.
There being no further business, the Mayor declared the meeting adjourned
at 9:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 2005
Honorable C. Nelson Harris, Mayor
Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler Council Member
Honorable Alfred T. Dowe, Jr., Counci 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:
Tax Exemption Request from
the Scott Robertson Memorial
Fund
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing on a request from the Scott Robertson
Memorial Fund, a non-profit organization, for tax exemption of certain property
in the City. This is to request that a public hearing be advertised on the above
matter for Council's regular meeting to be held on Monday, April 18, 2005. A
full report will be included in the April 18, 2005, agenda material for your
consideration.
Respectfully submitted,
City Manager
DLB/vst
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vffginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
April 6, 2005
File #15-67-110
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Carl H. Kopitzke, Chair
Parks and Recreation Advisory Board
2314 Martin Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Kopitzke:
This is to advise you that Robert C. Jones and Sharon L. Stinnette have qualified as
members of the Parks and Recreation Advisory Board, for terms ending March 31,
2008.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc:
Stephanie M. Moon, CMC, Deputy City Clerk
Nicole R. Ashby, Secretary, Parks and Recreation Advisory Board, 210
Reserve Avenue, S. W., Roanoke, Virginia 24016
K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Apr 05V~3r 4 2005 correspondence.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert C. Jones, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Parks and
Recreation Advisory Board, for a term ending March 31, 2008, according to the
best of my ability (So help me God).
Subscribed and sworn to before me this~day of ~i~vc3~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~!_~ ~-~C~. ,DEPUTY CLERK
K:\oath and leaving servicehUarks and Ret\Robert C Jones oath.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sharon L. Stinnette, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Parks and
Recreation Advisory Board, for a term ending March 31, 2008, according to the
best of my ability (So help me God).
Subscribed and sworn to before me this ~ day of d~0~ c~, 2005.
.RE.D* L. H^MILTO., CLERK OF T.E ORCU,T COURt
BY ~~ ' i~ . DEPUTY CLERK
K:\oath and leaving serviee~Parks and Ree~sharon I stinnette oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, xruginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
April 6, 2005
File #15-110-207
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Dennis R. Cronk, Chair
Industrial Development Authority
c/o Waldvogel, Poe and Cronk Real
Estate Group, Inc.
30 W. Franklin Road, Suite 800
Roanoke, Virginia 24011
Dear Mr. Cronk:
This is to advise you that Stuart H. Revercomb has qualified as a Director of the
industrial Development Authority, to fill the unexpired term of William L. Bova,
resigned, ending October 20, 2005.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
K:~AGENDA CORRESPONDENCE'agenda correspondence 05V~or 05¥~pr 4 2005 correspondence.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Stuart H. Revercomb, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a Director of the Industrial
Development Authority, to fill the unexpired term of William L. Bova, resigned,
ending October 20, 2005, according to the best of my ability (So help me God).
Subscribed and sworn to before me this l ~ day of I~/~ .~/~ 2005.
BRENDA S. HAMILTON, CLERK
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
April 6, 2005
File #15-110-202
William C. Holland, Chair
Personnel and Employment
Practices Commission
1450 Forest Park Boulevard, N. W.
Roanoke, Virginia 24017
Dear Mr. Holland:
This is to advise you that Stephen S. Willis has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30, 2007.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc:
Stephanie M. Moon, CMC, Deputy City Clerk
Kenneth S. Cronin, Secretary, Personnel and Employment Practices
Commission
K:~AGENDA CORRESPONDENCE~agenda correspondence 05~or 05V~pr 4 2005 cenespondence.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Stephen S. Willis, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Personnel
and Employment Practices Commission, for a term ending June 30, 2007,
according to the best of my ability (So help me God).
Subscribed and sworn to before me thiso~Y' day o 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
K:\oath and leaving service\personnel and employment practices comrmssion~Stephen S Willils oath.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'u'ginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
April 6, 2004
File #9-60
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Jacqueline L. Shuck, Executive Director
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012-1148
Dear Ms. Shuck:
I am enclosing copy of Resolution No. 37003-040405 approving the Roanoke
Regional Airport Commission's 2005-2006 proposed operating and capital budget,
upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosure
pc:
Diane S. Childers, Clerk, Roanoke County Board of Supervisors,
P. O. Box 29800, Roanoke, Virginia 240~.8-0798
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
K:~AGENDA CORRESPONDENCE~agenda oon'espondence 05V~pr 05V~q3r 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37003-040405.
A RESOLUTION approving the Roanoke Regional Airport Commission's
2005-2006 proposed operating and capital budget upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission
Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of
Assembly, and the Roanoke Regional Airport Commission Contract dated January
28, 1987, as amended by First Amendment, dated December 6, 1996, the City of
Roanoke hereby approves the Airport Commission's 2005-2006 proposed
operating and capital budget, as well as a separate listing of certain proposed
capital expenditures, as more particularly set forth in a report fi.om the Commission
to this Council, dated March 16, 2005.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 2005
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Jacqueline Shuck, Executive
Director of Roanoke Regional Airport Commission, for submission of the
Roanoke Regional Airport Commission Fiscal Year 2005 - 2006 Operating
Budget.
Respectfully submitted,
City Manager
DLB:sm
C;
City Attorney
Director of Finance
City Clerk
ROANOKE REGIONAL AIRPORT COMMISSION
5202 Aviation Dflve
Roanoke, VA 24012-1148
(540) 362-1999
FAX (540) 563-4838
www, roanokeairport.corn
March 16, 2005
Honorable Mayor and Members
Roanoke City Council
215 Church Avenue, SW
Roanoke, Virginia 24011
Re:
Roanoke Regional Airport Commission Fiscal Year 2005-
2006 Budget and Proposed Capital Expenditures
Dear Mayor Harris and Members of Council:
In accordance with the requirements of the Roanoke Regional Airport Commission
Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is
hereby submitting its Fiscal Year 2005-2006 Operating Budget (Attachment I) for approval. This
Budget was adopted by the Commission at its meeting on March 16, 2005. We are also providing
a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are
intended to benefit five or more future accounting periods (Attachment II).
You will note that no deficit is anticipated in either the Operating Budget or for the listed
Capital Expenditures; therefore, no additional appropriations are being requested or anticipated
from the City or the County of Roanoke. Formal approval of the Operating Budget and the
Capital Expenditure List by resolution of each of the participating political subdivisions would be
appreciated.
I would be pleased to respond to any questions or comments that you may have with regard
to this matter. On behalf of the Commission, thank you very much for your assistance and
cooperation.
Very truly yours,
Jacqueline L. Shuck
Executive Director
Enclosures
cc: Chairman and Members, Roanoke Regional Airport Commission
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission
William Hackworth, Roanoke City Attorney
Mary F. Parker, Clerk, Roanoke City Council
csp030905
C ornmX2005citycountybudget. It r
11-Mar-05 ATTACHMENT I
ROANOKE REGIONAL AIRPORT COMMISSION
FOR YEAR 2005-2006 BUDGET
2004-2005 Budget 2005-2006 Budget
EXPENSE BUDGET Expenditures Expenditures
1. Operations and Maintenance Expenses
A. Salaries, Wages and Benefits $3,145,544 $3,328,925
B. Operating Expenditures 2,536,660 2,682,410
C. Other Maintenance Projects 47,500 30,000
Total Operations and Maintenance 5,729,704 6,041,335
2. Non-Operating Expenses
A. Interest 234,830 294,947
B. Debt Service 365,000 448,021
Total Non-Operating 599,830 742,968
3. Capital Expenses
A. Capital Projects and Purchases 164,300 153,300
B. Multi-Year Projects 101,880 66,380
Total Capital Expenses 266,180 219,680
Total Budgeted Expenditures $6,595,714 $7,003,983
2004-2005 Projected 2005-2006 Projected
REVENUE PROJECTIONS Revenues Revenues
1. Operating Revenues
A. Airfield $1,613,205 $1,471,092
B. General Aviation 220,429 302,055
C. Terminal Related 4,099,793 4H306,334
D. Other Revenues 231,876 399,401
Total Projected Operating Revenues 6,165,303 6,478,882
2. Non-Operating Revenues
A. Interest from Debt Service 25,000 25,000
B. Interest on investments 460,650 480,600
C. Non Capital Grants 105,000 197,100
Total Projected Non-Operating Revenues 590,650 702,700
Total Projected Revenue $6,755,953 $7,181,582
CommBudg2005-2006
ATTACHMENT II
Proposed Capital Expenditures
(For projects expected to exceed $100,000 in
cost and intended to benefit five or more accounting periods)
Projects
A. Purchase ARFF Truck:
Description: Purchase one Aircraft Rescue and Fire Fighting (ARFF)
Truck.
Justification: The two ARFF trucks owned by the Commission are
reaching the end of their useful lives. In order to avoid increasing down
time, the oldest truck needs to be replaced.
Estimated Cost: $ 900,000
B. Replace Terminal Roofs:
1. Description: Remove and replace existing terminal roof.
Justification: The sixteen year old roof and roof drainage system is
beginning to fail. Rather than wait until leakage becomes more prevalent
and damage occurs to the building contents, it is important to undertake this
rehabilitation project. This project would involve the removal and
replacement of the roof material, as well as some of the internal down
spouts that are blocked with pitch.
Estimated Cost: $ 600,000
C. Remove Obstructions in Runway 15 Approach:
1. Description: Remove trees, grub, grade and seed runway 15 approach area.
Justification: Trees growing in the approach to Runway 15, located on a
hillside on the north side of Peters Creek Road, have created safety
problems for many years. Last year the runway threshold had to be
displaced for nearly a year while specific trees were located and removed.
This project will increase safety while providing an area that is significantly
easier to maintain.
Estimated Cost: $360,000
Attachment II
Page 2
Fund Construction of Aircraft Storage Hangar:
Description: Provide funding to Piedmont Hawthorne Aviation to
construct an 18,000 square foot aircraft storage hangar.
Justification: There is a need at the airport for a hangar capable of storing
larger corporate aircraft and there is space available in Piedmont
Hawthorne's leased premises to build the hangar. The Commission has
agreed to fund the construction, to be undertaken by Piedmont Hawthorne,
with title to the hangar vesting in the Commission. Piedmont Hawthorne
will lease the new hangar until its lease with the Commission expires in
2011. The annual rental will be sufficient to make the payments on bonds
issued through the Virginia Resource Authority in February of 2005.
Estimated Cost: $1,400,000
II.
Anticipated Funding Sources:
Federal AIP Gram Funds
State Aviation Grant Funds
Commission Capital Funds
Commission Bond Proceeds
City and County Funds
Estimated Total Projects Funding
$1,197,000
543,000
120,000
1,400,000
$3,260,000
jls/06Cap. Proj.City/County
RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION
Adopted this 16th day of March 2005
No. 08-031605
A RESOLUTION approving and adopting the Commission's Operating and Capital
Purchase Budget for fiscal year 2005-2006.
BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year
2005-2006 Operating and Capital Purchase Budget for the Commission as set forth in the
report and accompanying attachment by the Executive Director dated March 16, 2005, is
hereby approved;
BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of
the Commission to submit the fiscal year 2005-2006 Operating and Capital Purchase Budget,
as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the
Roanoke County Board of Supervisors for approval pursuant to the contract between the
Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended.
ATTEST:
VOTE:
AYES: Macfarlane, Milliron, Smith, Whittaker, Turner
NAYS: None
ABSENT: None
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
April 4, 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: Status Report: Affirmative Action
And Diversity Initiatives for
Calendar Year 2004
Background:
Realities of the 21" century require organizations to take full advantage of all
their resources in order to be successful. Embracing improved technology,
partnering with other organizations and investing in new infrastructure are but
a few of the areas that successful organizations are concentrating on. Related
to the "people" side of the equation, successful organizations are embracing
workplace diversity as an improvement area where a competitive advantage can
be achieved. In Roanoke, diversity efforts are focused in two areas: increasing
the diversity of our workforce and developing the skills needed to work in a
diverse environment.
Efforts at increasing workforce diversity are based on a broad and focused
recruitment program. We continue to develop our relationships and
partnerships between City staff, EEO/civil rights organizations,
colleges/universities, sororities, fraternities and other groups interested in
diversity. I am pleased to report that progress has been made in this area.
Mayor Harris and Members of City Council
April 4, 2005
Page 2
During 2004, minorities were hired in two key positions, the Director of
Management and Budget and Manager of Purchasing. We were also successful
in recruiting and employing a person of color as a Civil Engineer h For total
employment by department and EEO Categories as of December 31,2004 see
Attachments 1 and 1.a.
In the area of developing "diversity capacity", the firm of J.O. Rogers &
Associates (JOR) was hired to conduct an assessment of the City's current
diversity efforts with the intent of recommending "next steps" for consideration.
While the study is not yet complete, some initial observations were made by the
consultant: first, the City of Roanoke has already shown commitment to
diversity. Visible signs of diversity exist at senior levels within the organization
and ongoing training exists for all employees that introduces the core diversity
concepts and opens the door for conversations about diversity. Secondly, JOR
has also observed that while diversity training and employing a more diverse
workforce are important, City staff needs to increase its focus more on
modeling appropriate diversity behavior. By improving the ability of employees
to recognize and model diversity sensitive behavior in every situation, whether
it is with a citizen or a fellow employee, the result will be improved service. We
look forward to the completion of JOR's report and their subsequent
recommendations.
The Employee Development Program (EDP), which was implemented during
2001, continues to offer the most promise to help existing employees improve
their skills and to advance within the organization. This program incorporates
skill assessment, education planning and career counseling. Supporting events
included informational presentations made by Averett University and Ferrum
College to increase awareness of accelerated adult degree programs for
nontraditional students. Individualized support continues to be offered to EDP
participants and candidates. During 2004, the EDP increased participation from
93 to 109. Of the 109 participants, 55 percent are female and 41 percent are
people of color compared to 58 percent and 42 percent, respectively, last year.
Currently, 18 participants are in formal education programs, 2 participants have
received undergraduate degrees, and 11 participants have obtained new
positions within the organization.
Workforce Demographics
Employment data for 2004 shows that 37 of the 172 new hires (2 ! .5 percent)
and 24 of the 121 promoted (19.9 percent) were people of color. These
statistics reflect a slight improvement from last year, 19.7 percent and 19.6
percent respectively. It is important to note that the number of new hires who
Mayor Harris and Members of City Council
April 4, 2005
Page 3
are persons of color and female in the protective service category increased
slightly. Clearly, this is still not where we want to be but we continue in the
right direction. Police, Sheriff and Fire/EMS employees represent 31.5 percent
of our workforce and each of these departments has promotional systems that
are substantially closed to outside candidates (as is the case with most
comprehensive public safety departments nationally); therefore, if we are to
substantially increase the number of women and people of color in these
departments, it must be done at the entry level. We are committed to this effort
and will continue to refine our recruiting methods to accomplish our objective.
New hires and promotions are detailed by category and department in
Attachments 2 and 2.a.
Outreach Recruitment
In May 2004 the Department of Human Resources, in partnership with the
Roanoke Branch of the NAACP, sponsored the fourth Recruitment Day. Seventy-
eight people attended the event. Efforts continue in developing additional
avenues to seek out minority applicants. Established relationships include over
ten colleges and universities. A highlight is our participation in a Technology
Job Fair in Richmond that was part of the Mid-Eastern Athletic Conference
(MEAC) basketball tournament. (The MEAC represents a cross section of
historically black colleges and universities).
The City continues its recruitment efforts at military installations and
historically black colleges and universities. However, military base recruitment
has slowed down due to the current conflict in the Middle East. We continue to
co-sponsor This Valley Works Job Fair, which attracts more than 2,100 job
applicants and 60 employers each year. Our internship program continues to
attract high-caliber rising college seniors. Nine interns were hired last year. Of
that number, four were persons of color. Two interns were hired into full time
permanent positions with one hired in the Police Department. As part of the
internship program we have developed relationships with the civil engineering
programs at the University of Virginia, Virginia Tech and North Carolina A&T
State University in an effort to place women or persons of color in either a
cooperative education arrangement or internship. We also participated in the
Minority Job Expo sponsored by the Roanoke Times. Recruitment initiatives will
continue to emphasize building relationships with local groups interested in
workforce diversity.
Of particular note are three awards given by the Roanoke Branch of the NAACP
to the departments of Fire/EMS, Police and the Sheriff's Office for their
commitment to recruiting a more diverse workforce and for safety
Mayor Harris and Members of City Council
April 4, 2005
Page 4
enhancements provided to the community since September 11. We appreciate
the recognition provided by the NAACP.
Next Steps
In order to improve the City's ability to recruit more women and people of
color, particularly in public safety positions, we must continue to refine our
efforts through innovative recruitment as well as tapping different venues.
In conclusion, I believe that our diversity strategy is sound and we are headed
in the right direction toward increasing diversity capacity. Our efforts in hiring
more people of color has not been as successful as I had hoped, yet I
understand that this is a long term commitment that requires constant
attention. We will continue to provide the necessary attention required to make
Roanoke a truly high quality diverse employer.
y submitted,
Darlene L. ~
City Manager
DLB:kc
Attachments
C:
William Hackworth, City Attorney
Jesse Hall, Finance Director
Mary Parker, City Clerk
Rolanda Russell, Assistant City Manager
George Snead, Assistant City Manager
Kenneth Cronin, Director of Human Resources
CM04-00030
CITY OFROANOKE
EMPLOYMENTANALYSIS
byNum~r~ Employees
December 31, 2004
Attachment 1
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 29 15 3 0 8 3 0
PROFESSIONALS 335 115 14 3 149 51 3
TECHNICIANS 307 179 21 2 76 28 1
PROTECTIVE SERVICE 538 422 47 5 46 18 0
PARA-PROFESSIONAL 63 17 7 0 20 19 0
CLERICAL 176 6 2 0 127 41 0
SKILLED CRAFT 123 81 37 0 5 0 0
SERVICE/MAINTENANCE 133 52 60 2 8 11 0
TOTAL 1704 887 191 12 439 171 4
TOTAL PERCENTAGES 100.0% 53.2% 12.0% 0.8% 24.7% 9.0% 0.3%
CITY OF ROANOKE
EMPLOYMENT ANALYSIS
by Number of Employees
December 31, 2003
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 28 16 3 0 6 3 0
PROFESSIONALS 350 115 11 4 162 55 3
TECHNICIANS 300 177 21 2 72 28 0
PROTECTIVE SERVICE 542 425 52 4 43 16 2
PARA-PROFESSIONAL 66 18 6 0 22 20 0
CLERICAL 174 6 4 0 126 38 0
SKILLED CRAFT 126 85 37 0 4 0 0
SERVICE/MAINTENANCE 136 54 62 2 8 10 0
TOTAL 1722 896 196 12 443 170 5
TOTAL PERCENTAGES 100.0% 52.2% 13.0% 0.7% 24.4% 9.4% 0.3%
CITY OF ROANOKE
EMPLOYMENT ANALYSIS
by Category and Percent
December 31. 2004
Attachment I - Page 2
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEM,N. ES
OFFICIALS/MANAGERS 100.0% 51.7% 10.3% 0.0% 27.6% 10.3% 0.0%
PROFESSIONALS 100.0% 34.3% 4.2% 0.9% 44.5% 15.2% 0.9%
TECHNICIANS 100.0% 58.3% 6.8% 0.7% 24.8% 9.1% 0.3%
PROTECTIVE SERVICE 100.0% 78.4% 8,7% 0.9% 8.6% 3.3% 0.0%
PARA-PROFESSIONAL 100.0% 27.0% 11.1% 0.0% 31.7% 30.2% 0.0%
CLERICAL 100.0% 3.4% 1.1% 0.0% 72.2% 23.3% 0.0%
SKILLED CRAFT 100.0% 65.9% 30.1% 0.0% 4.1% 0.0% 0.0%
SERVICE/MAINTENANCE 100.0% 39.1% 45.1% 1.5% 6.0% 8.3% 0.0%
TOTAL NUMBER 1704 887 191 12 439 171 4
TOTAL PERCENTAGES 100.0% 53.2% 12.0% 0.8% 24.7% 9.0% 0.3%
OCCUPATIONAL CATEGORY
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL
CLERICAL
SKILLED CRAFT
SERVICE/MAINTENANCE
TOTAL NUMBER
TOTAL PERCENTAGES
ClTY OFROANOKE
EMPLOYMENT ANALYSIS
by Ca~go~ and Percent
December 31,2003
TOTAL WHITE BLACK OTHER WHITE
MALES MALES MALES FEMALES
100,0% 57.1% 10.7% 0.0% 21.4%
100.0% 32.9% 3.1% 1,1% 46.3%
100.0% 59.0% 7,0% 0.7% 24.0%
100.0% 78.4% 9.6% 0.7% 7.9%
100.0% 27.3% 9.1% 0.0% 33.3%
100.0% 3.4% 2.3% 0,0% 72.4%
100.0% 67.5% 29.4% 0.0% 3.2%
100.0% 39.7% 45.6% 1.5% 5.9%
1722 896 196 12 443
100.0% 52.2% 13.0% 0,7% 24.4%
BLACK OTHER
FEMALES FEMALES
10.7% 0.0%
15.7% 0.9%
9.3% 0.0%
3.0% 0.4%
30.3% 0.0%
21.8% 0.0%
0.0% 0.0%
7.4% 0.0%
170 5
9,4% 0.3%
O0
~o ~
W
0
Z
LU
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Number of Employees
December 31, 2004
Attachment 2
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 1 0 0 0 1 0 0
PROFESSIONALS 35 12 3 I 16 3 0
TECHNICIANS 22 7 2 0 10 3 0
PROTECTIVE SERVICE 62 46 2 1 9 4 0
PARA-PROFESSIONAL 5 2 0 0 2 1 0
CLERICAL 20 0 0 0 16 4 0
SKILLED CRAFT 7 6 1 0 0 0 0
SERVICE/MAINTENANCE 20 6 11 0 2 I 0
TOTAL NUMBER 172 79 19 2 56 16 0
TOTAL PERCENTAGES 100.0% 45.9% 11.0% 1.2% 32.6% 9.3% 0.0%
OCCUPATIONAL CATEGORY
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL
CLERICAL
SKILLED CRAFT
SERVICE/MAINTENANCE
TOTAL NUMBER
TOTAL PERCENTAGES
TOTAL
3
40
18
65
7
19
10
24
186
100.0%
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Number of Employees
December 31, 2003
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
2 0 0 0 I 0
13 1 1 23 1 1
5 0 0 8 5 0
49 5 0 9 2 0
0 0 0 3 4 0
1 0 0 16 2 0
9 I 0 0 0 0
9 6 I 2 6 0
88 13 2 61 21 1
47.3% 7.0% 1.1% 32.8% 11.3% 0.5%
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Category and Percent
December 31, 2004
Attachment 2 - Page 2
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0%
PROFESSIONALS 100.0% 34.3% 8.6% 2.9% 45.7% 8.6% 0.0%
TECHNICIANS 100.0% 31.8% 9.1% 0.0% 45.5% 13.6% 0.0%
PROTECTIVE SERVICE 100.0% 74.2% 3.2% 1.6% 14.5% 6,5% 0.0%
PARA-PROFESSIONAL 100.0% 40.0% 0.0% 0.0% 40.0% 20.0% 0.0%
CLERICAL 100.0% 0.0% 0.0% 0.0% 80.0% 20.0% 0.0%
SKILLED CRAFT 100.0% 85.7% 14,3% 0.0% 0.0% 0.0% 0.0%
SERVICE/MAINTENANCE 100.0% 30.0% 55.0% 0.0% 10,0% 5.0% 0.0%
TOTAL NUMBER 172 79 19 2 56 16 0
TOTAL PERCENTAGES 100.0% 45.9% 11.0% 1.2% 32.6% 9.3% 0.0%
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Category and Percent
December 31, 2003
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 100.0% 66.7% 0.0% 0.0% 0.0% 33.3% 0.0%
PROFESSIONALS 100.0% 32.5% 2,5% 2.5% 57.5% 2.5% 2.5%
TECHNICIANS 100.0% 27.8% 0.0% 0,0% 44.4% 27.8% 0.0%
PROTECTIVE SERVICE 100.0% 75.4% 7.7% 0.0% 13.8% 3.1% 0.0%
PARA-PROFESSIONAL 100.0% 0.0% 0.0% 0.0% 42.9% 57.1% 0.0%
CLERICAL 100.0% 5.3% 0.0% 0.0% 84.2% 10.5% 0.0%
SKILLED CRAFT 100.0% 90.0% 10.0% 0.0% 0.0% 0.0% 0.0%
SERVICE/MAINTENANCE 100.0% 37.5% 25.0% 4.2% 8.3% 25.0% 0,0%
TOTAL NUMBER 186 88 13 2 61 21 1
TOTAL PERCENTAGES 108,1% 51.2% 7.6% 1.2% 35.5% 12.2% 0.6%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Number of Employees
December 31, 2004
Attachment 2 - Page 3
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 4 1 1 0 1 I 0
PROFESSIONALS 28 10 3 I 11 3 0
TECHNICIANS 37 28 1 0 7 0 1
PROTECTIVE SERVICE 17 16 0 0 1 0 0
PARA-PROFESSIONAL 0 0 0 0 0 0 0
CLERICAL 15 1 0 0 9 5 0
SKILLED CRAFT 12 7 4 0 1 0 0
SERVICE/MAINTENANCE 8 4 4 0 0 0 0
TOTAL NUMBER 121 67 13 1 30 9 1
TOTAL PERCENTAGES 100.0% 55.4% 10.7% 0.8% 24.8% 7.4% 0.8%
OCCUPATIONAL CATEGORY
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL
CLERICAL
SKILLED CRAFT
SERVICE/MAINTENANCE
TOTAL NUMBER
TOTAL PERCENTAGES
CITY OF ROANOKE
PROMOTION ANALYSIS
by Number of Employees
December 31, 2003
TOTAL WHITE BLACK
MALES MALES
1 0 1
28 12 2
33 24 3
16 11 3
2 0 0
7 I 0
7 5 2
5 4 1
99 57 12
100.0% 57.6% 12.1%
OTHER WHITE BLACK OTHER
MALES FEMALES FEMALES FEMALES
0 0 0 0
0 10 4 0
0 5 1 0
0 1 I 0
0 I I 0
0 5 1 0
0 0 0 0
0 0 0 0
0 22 8 0
0.0% 22.2% 8.1% 0.0%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Category and Percent
December 31,2004
Attachment 2 - Page 4
OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 100.0% 25.0% 25.0% 0.0% 25.0% 25.0% 0.0%
PROFESSIONALS 100.0% 35.7% 10.7% 3.6% 39.3% 10.7% 0.0%
TECHNICIANS 100.0% 75.7% 2.7% 0.0% 18.9% 0.0% 2.7%
PROTECTIVE SERVICE 100.0% 94.1% 0.0% 0.0% 5.9% 0.0% 0.0%
PARA-PROFESSIONAL 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0,0%
CLERICAL 100.0% 6.7% 0.0% 0.0% 60.0% 33.3% 0.0%
SKILLED CRAFT 100.0% 58.3% 33.3% 0.0% 8.3% 0.0% 0.0%
SERVlCF. JMAINTENANCE 100.0% 50.0% 50.0% 0.0% 0.0% 0.0% 0.0%
TOTAL NUMBER 121 67 13 1 30 9 1
TOTAL PERCENTAGES 100.0% 55.4% 10.7% 0.8% 24,8% 7.4% 0.8%
OCCUPATIONAL CATEGORY
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL
CLERICAL
SKILLED CRAFT
SERVICE/MAINTENANCE
TOTAL NUMBER
TOTAL PERCENTAGES
CITY OF ROANOKE
PROMOTION ANALYSIS
by Category and Percent
December 31,2003
TOTAL WHITE BLACK OTHER WHITE
MALES MALES MALES FEMALES
100.0% 0.0% 100.0% 0.0% 0.0%
100.0% 42.9% 7.1% 0.0% 35.7%
100.0% 72.7% 9.1% 0.0% 15.2%
100.0% 68.8% 18.8% 0.0% 6.3%
100.0% 0.0% 0.0% 0.0% 0.0%
100.0% 14.3% 0.0% 0.0% 71.4%
100.0% 71.4% 28.6% 0.0% 0.0%
100.0% 80.0% 20.0% 0.0% 0.0%
99 57 12 0 22
100.0% 57.6% 12.1% 0.0% 22.2%
BLACK OTHER
FEMALES FEMALES
0.0% 0.0%
14.3% 0.0%
3.0% 0.0%
6.3% 0.0%
0.0% 0.0%
14.3% 0.0%
0.0% 0.0%
0.0% 0.0%
8 0
8.1% 0.0%
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
April 5, 2005
File #60-236-304-305
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37006-040405 appropriating funds from the
Juvenile Accountability Block Grant Program and local match for juvenile education
programs, and amending and reordaining certain sections of the 2004-2005
General and Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, 'and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
KSAGENDA CORRESPONDENCE~agenda correspondence 05V~r 05V~,pr 4 2005 correspondence.doc
Jesse A. Hall
April 6, 2005
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane Conlin, Director, Human Services/Social Services
Carol W. Tuning, Human Services Coordinator
K:~AGENDA CORRESPONDENCE~agenda correspondence 05V~pr 05V~or 4 2005 cerrespondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 2005.
No. 37006-040405.
AN ORDINANCE to appropriate funding from the Juvenile Accountability Block
Grant Program and local match for juvenile education programs, amending and
reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations,
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund
Fees For Professional Services
Grant Fund
Appropriations
Fees For Professional Services
Fees For Professional Services
Revenues
State Grant Receipts - City
Local Match - City
State Grant Receipts - County
Local Match - County
001-250-9310-9535 $ 3,149
001-630-1270-2010 (3,149)
035-630-5063-2010 31,488
035-630-5064-2010 13,602
035-630-5063-5068 28,339
035-630-5063-5069 3,149
035-630-5064-5070 12,242
035-630-5064-5071 1,360
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
CITY 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
April 6, 2005
File #60-236-304-305
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37007-040405 authorizing acceptance of a
Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice
Services, in the amount of $40,581.00, and authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Attachment
K:~AGENDA CORRESPONDENCE~genda correspondence 05V~,pr 05V~pr 4 2005 correspondence,doc
Darlene L. Burcham
April 6, 2005
Page 2
pc:
John M. Chambliss, Jr., Assistant County Administrator, County of
Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director, Human Services/Social Services
Carol W. Tuning, Human Services Coordinator
K:~AGENDA CORRESPONDENCE~agenda correspondence 05V~or 05~or 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37007-040405.
A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant
from the Virginia Depas hl~ent of Criminal Justice Services on behalf of thc City, authorizing
execution of any and all necessary documents to comply with the terms and conditions of the
grant and applicable laws, regulations, and requirements pertaining thereto:
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Juvenile Accountability Block Grant funds fxom the Virginia Depa~ tment
of Criminal Justice Services, in the amount of $40,581.00, as set forth in the City Manager's
letter, dated April 4, 2005, to this Council are hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to execute any and all
requisite documents pertaining to the City's acceptance of these grant funds, and to furnish
such additional information as may be required in connection with the City's acceptance of
these grant funds. All documents shall be approved by the City Attorney.
ATTEST:
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
April 4, 2005
Honorable C. Nelson Harris Mayor
Honorable Beverly 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: Juvenile Accountability Block
Grant Award No. 05-G3221JB04
Background:
The Department of Criminal Justice Services notified Roanoke and Roanoke
County of an allocation of funds under the Juvenile Accountability Block Grant
Program 0ABG). The allocation of $40,581 in federal funds was awarded jointly
to the two jurisdictions. A joint local match of $4,509 is required, for a total
program budget of $4S,090.
Considerations:
The allocation formula provides $28,339 federal and $3,149 match for Roanoke
and $12,242 federal and $1,360 match for Roanoke County. Staff from the
jurisdictions have met and developed program proposals for the use of the
funding. Roanoke County will provide a substance abuse intervention
education program through the schools. The City of Roanoke in collaboration
with the Boys and Girls Club and Total Action Against Poverty (TAP) will provide
services to students suspended or otherwise absent from school during the
day. TAP-Project Recovery will help adjudicated youth avoid the negative risks
and unproductive lifestyles that often correlate with dropping out of school.
Funding for the City's match of $3,149 is in account 001-630-1270-2010,
Human Services Support. The City of Roanoke will serve as the fiscal agent for
the funds.
Mayor Harris and Members of City Council
April 4, 2005
Page 2
Recommended Action:
Authorize the City Manager or her designee to accept the $40,581 JABG grant
allocated to Roanoke for $28,339, and Roanoke County for $12,242 and to
execute the agreement from the Department of Criminal Justice Services for the
funds.
Appropriate $45,090 and increase the corresponding revenue estimates of
$40,581 in federal funds and $1,360 in County match funds in accounts to be
established by the Director of Finance in the Grant Fund and transfer $3,149
from Human Services Support account 00!-630-1270-20! 0 to the Grant Fund
account established above.
Respectfully submitted,
DLB:cwt
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Acting Director of Management and Budget
Jane Conlin, Director of Human/Social Services
John M. Chambliss, Jr., Assistant County Administrator
Carol Tuning, Human Services Coordinator
CM05-00036
Juvenile Accountability Block Grant Program
Roanoke Valley Multi-Year
Community Plan of Action
INTRODUCTION
The Juvenile Accountability Block Grant program, referred to as JABG, is a
federal block grant program designed to promote greater accountability in the
juvenile justice system. Each locality receiving JABG funds must develop a plan
of action that focuses on a needs assessment among juvenile justice services,
and determines the most effective use of funds to address juvenile delinquency,
improve the juvenile justice system, and increase accountability among
juveniles for their actions.
This document serves as the combined JABG community plan of action for the
City of Roanoke and Roanoke County for 2005-06. It proposes that Roanoke's
JABG funding be used to support existing programs designed to enhance our
system of graduated sanctions and improve juvenile accountability.
Background
Decades of research have shown that juvenile crime and delinquent behaviors
do not emerge randomly. A number of key risk factors directly increase the
chances that a juvenile will engage in delinquent or criminal activity (e.g. school
suspensions, poor academic achievement, drug use, dropping out of school).
Likewise, research has demonstrated that protective factors (e.g. education,
mentors, connections to the community) can change how a juvenile responds to
risks and result in positive behaviors, health, and lifestyle choices.
In 1995, JLARC completed a study on incarcerated juvenile offenders in
Virginia's system. The results were significant: 44% were at least four years
below age level in reading, 80% were truant or school dropouts, 45% of
incarcerated youth had parents who abused drugs or alcohol, and 47% were
living with a single parent (The Operation and Impact of Juvenile Corrections
2
Services in Virginia, JLARC, 1997). The Office of Juvenile Justice and
Delinquency Prevention states that 90% of teachers providing reading
instruction in juvenile correctional facilities reported that they had "students
who could not read material composed of words from their own oral
vocabularies," and that approximately 40% of youth held in detention facilities
may have some form of learning disability. Most juvenile offenders age 16 and
older never return to school or graduate from high school. The U.S. Dept. of
Justice states that over 70% of all people entering state correctional facilities
have not completed high school, with 46% having had some high school
education and 16.4% having had no high school.
Much of the research sponsored byJLARC, the Office of Juvenile Justice and
Delinquency Prevention (OJJDO) and other national organizations supports the
observations and conclusions we believe to be true in the Roanoke Valley. Our
Juvenile Crime Enforcement Coalition (JCEC) identified the following trends
among Roanoke's juvenile population.
The majority of serious and violent juvenile offenders tend to have multiple
problems such as substance abuse, mental health difficulties, truancy,
suspension, expulsion, and dropping out of school.
Serious delinquents are likely to be involved in drug use, precocious sexual
activity, school failure, juvenile gangs, and unsupervised gun ownership.
Truancy and dropping out of school are the greatest predictors of
delinquency and incarceration.
Large numbers of juvenile offenders continue to be expelled or suspended
long-term from public school for serious behavior problems. If not enrolled
in alternative programs, many of these youth drop out of school all together,
and continue to commit more serious crimes leading to incarceration. City
of Roanoke juvenile court staff reports that about 85% of pre-dispositional
youth have dropped out of school. About 30% of the high school dropouts
in the Project Recovery program have had involvement with the juvenile
court system.
One of the biggest challenges for our Juvenile Court system is finding
appropriate academic placements for juvenile offenders who cannot
experience success in a traditional academic setting.
3
Many youth are engaging in risky behaviors as early as 10-12 years of age.
Large numbers of persons who are incarcerated lack high school diplomas.
Local Juvenile Justice Data
The following charts provide information for the last two years on intake
complaints processed by the 23A Court Service Unit serving the City of Roanoke
and the 23 Court Service Unit serving Roanoke County and the City of Salem.
District 23A City of Roanoke Intake Complaints
FY 2002-2003 FY 2003 -2004
Assault 378 414
Larceny 363 334
Disorderly Conduct 169 157
CHINS/CHINsUP (Status)) 162 201
Vandalism 108 128
Narcotics 69 53
Weapons 43 33
Probation Violations 40 45
District 23 County of Roanoke and City of Salem Intake Complaints
Roanoke county youth represent about 80~ of all Intake cases.
FY 2002-2003 FY 2003 -2004
Assault 285 234
Larceny 244 20!
Disorderly Conduct 102 107
CHINS/CHINsUP (Status)) 822 664
Vandalism 93 82
Narcotics 115 119
Weapons 18 10
Probation Violations ! 3 27
4
In November 2000, 1,240 City of Roanoke youth in grades 8, 10 and 12 were
surveyed using the Search Institute's Developmental Assets Survey. In
November 2002, youth in grades 6, $, 10, 12 were surveyed using the Search
Institute tool and the Center for Disease Control's Youth Risk Behavior Survey
(1,330 completed the YRBS and 1,090 completed the Search Institute survey).
Both survey processes indicated that a significant percentage of Roanoke's
youth have engaged in high-risk behaviors.
22% had used alcohol 3 or more times in the last 30 days or got drunk once
or more in the last two weeks; 40% had at least one drink of alcohol in the
past 30 days.
22% had used illicit drugs 3 or more times in the last 12 months (cocaine,
LSD, PCP, heroin, marijuana, and amphetamines); 29% had used marijuana in
the past 30 days, and 49.5% have used it at least once.
22% had been involved in 3 or more incidents of shoplifting, trouble with
police, or vandalism in the last ! 2 months.
40% had engaged in 3 or more acts of fighting, hitting, injuring a person,
carrying or using a weapon, or threatening physical harm in the last 12
months.
17% of high school students had carried a knife or gun for protection.
On February 29, 2000, all Roanoke County students present in grades 6
through 12 completed The American Druq and Alcohol. Risk and Protective
Factor Survey conducted by the University of Colorado. On January 29, 2002,
all students present in grades 6 through 12 completed the Youth Risk Behavior
Survey conducted by Virginia Tech. Similar questions on the two instruments
demonstrated a significant level of risk taking behaviors among Roanoke
County's youth.
27.3% of Middle School students, and 73.4% of High School students had at
least one drink of alcohol on 1 or more of the past 30 days.
31.1% of Middle School students, and 16.9% of High School students carried
a weapon on 1 or more of the past 30 days.
45.4% of Middle School students, and 27.4% of High School students were in
a physical fight 1 or more times during the past 12 months.
47.7% of Middle School students, and 45.4% of High School students have
been bullied; and 34.9% and 39.9%, respectively, have bullied someone.
Proaram Services Identified as HIQh Priority forluvenile Offender~
Substance abuse education and intervention services.
Parenting education/training programs and mandatory involvement of
parents.
Day time reporting center for youth expelled, suspended, or experiencing
long term separations from school and in need of supervision.
Anger/aggression management programs for youth (angry children are
believed to be a major cause of juvenile delinquency, violence, and crime).
Intervention, supervision and case management services in the schools for
youth charged with a crime in the community.
Retrieval of adjudicated youth who have dropped out of traditional school
setting.
6
INTERVENTION STRATEGIES -- Fiscal Year 2005 Use of JABG funding:
A. Day Reporting Program operated by the Boys & Girls Clubs of Roanoke
Valley.
Overall Goal: To provide juvenile offenders, who have been suspended,
expelled or who have dropped out of the public school system, with
supervision, academic remediation, and educational transitional services
until they are able to return to their home school or the alternative education
center (Noel C. Taylor Learning Academy). Failure to attend this program
and/or comply with its requirements will result in the juvenile offender
receiving sanctions, such as placement in the local detention facility, or
commitment to the Department of Juvenile Justice.
Performance Indicators:
Outcome indicators include number of accountability programs in operation
- 1 (Day Report Center) and number of accountability program slots, which
is a maximum of 1 7 youths in the program at a given time. Output
indicators include: one supervision meeting per youth per month and each
juvenile offender signs a behavior contract at time of intake. The program
receives referrals from City of Roanoke Schools (15 for 2004-05 school
years), Department of Juvenile Justice (10 for 2004-05 school years) and
Department of Social Services (0 for 2004-05 school year). To date, 4 out of
25 participants have completed the program successfully (16%); seventeen
remain in the program (68%); four have been dropped from the program for
behavior problems (16%).
Outcome and output indicator data are tracked through attendance rosters,
and follow-up parent/guardian and student surveys. Additionally, Office of
Juvenile Justice will run comparative reports of attendees to determine if
Juvenile offenders have had recurring offenses. Criminal charges against
these youth have included the following: robbery, shoplifting, assault,
destruction of property, truancy, violation of probation.
Rationale: Juvenile offenders who are suspended, expelled or otherwise
separated from the public school system and provided no alternative
supervision and educational instruction are at an increased risk of further
criminal activity and dropping out of school all together.
Suspension/expulsion alone results in the juvenile having idle time,
becoming further disconnected from school and community, and
experiencing minimal personal accountability for his/her actions. The Day
Reporting Program holds the youth accountable for his criminal actions, as
well as stressing his/her responsibility to complete his/her education and
learn how to control his/her personal behavior (i.e., anger management,
respect for others and property, obey the law). Within Roanoke's system of
graduated sanctions, this program falls under the category of Community
Treatment.
B. Saturday Substance Abuse Program (SSAP)
The Saturday Substance Abuse Program a collaborative among Roanoke
County Public School's Student Assistance Program, Family Service of the
Roanoke Valley, Law Enforcement Personnel and Roanoke County and City
Administration.
Overall Goal - (Purpose Area 11) Law enforcement personnel and/or court
service personnel refer youth to the program who violate the school
substance use policy and/or the Code of Virginia. The program provides
education and intervention services to stop substance use thereby
decreasing recidivism among youth.
Outcome and output indicator data will be tracked through attendance
rosters, pre/post test and follow-up surveys/questionnaires. Additionally,
school attendance and substance use discipline data will be gathered for
further analysis of change.
8
Target Population: The identified participants include all youth who violate
the substance use school policy and/or the Code of Virginia within Roanoke
County.
Rationale: Substance abuse often leads to further criminal activity and/or
behavior problems (i.e. truancy, poor grades, school drop out, theft,
assault). It is important to intervene and discourage substance use
behaviors as soon as they are identified. A collaborative effort among law
enforcement, court services, schools system personnel, and community
agencies is an effective partnership to provide services to youth. The school
is a logical place to intervene in negative behaviors, hold students
accountable for their choices, and note changes in behaviors. The school-
based Student Assistance Program Coordinator/Counselor provides the
student with case management services in coordination with the parents,
school resource officers, courts and other community programs involved
with assisting the youth.
Law enforcement personnel and/or court services (purpose area 1 1 ) in
collaboration with the Student Assistance Program personnel will refer
students and their parents to the SSAP, which is provided by Family Services
of the Roanoke Valley. A behavioral contract is developed at entry into the
accountability program. The program consists of eight hours of substance
abuse education during two Saturday mornings. Parents of these students
are also required to attend the sessions and are provided with information,
skills and community resources to assist them in parenting their child.
A follow-up session is conducted with each student and their parents by the
student's school-based Student Assistance Program Coordinator/Counselor
to develop a service plan. Furthermore, there is an ongoing dialogue
among parents, youth and the Student Assistance program
Coordinator/Counselor to track progress and to amend the plan as needed.
Students and their parents are held accountable for implementing the
service plan and progress is tracked accordingly. Additionally, a
questionnaire is mailed to participants at a designated follow-up period to
gather outcome data. This will allow for the feasibility of a longitudinal
follow-up to determine program efficacy.
Sequence of sanctions for non-compliance of SSAP
1 .) Parents and students are contacted regarding non-compliance and
offered another opportunity to attend as long as the student and
parents are cooperating with other agreed upon requirements.
2.) If students and parents still do not respond then the information is
shared with the referral source - e.g., law enforcement officer, or court
services.
3.)Additionally, if the substance use violation was also a school
substance use violation then the student could be recommended for
expulsion from school. However, approximately 99% of all students
who go before the school board for expulsion are placed at R.E. Cook
Alternative School.
a. At this facility students attend regular school, receive substance
abuse counseling on a regular basis, are randomly drug tested by
the school and the parents must attend a weekly parent group.
Also, the student and parents may complete another substance
abuse assessment and if treatment services are recommended they
must participate.
4.) Furthermore, the law enforcement officer will consult with court intake
to determine if charges need to be placed. Students who have been
diverted by Juvenile Intake and/or on probation may be taken back
before the judge for application of additional sanctions.
10
C. Total Action Against Poverty (TAP) - Project Recovery, a collaborative
project between TAP and Roanoke City Schools.
Overall Goal (Purpose Area 11) - Project Recovery will help adjudicated
youth avoid the negative risks and unproductive lifestyles that often
correlate with dropping out of school. We will recover those youth who
have dropped out of the traditional school setting and assist them in
returning to the public school system or an alternative educational
program that leads to the completion of their secondary education
requirements. Formal assessments will be completed to determine grade
level and academic potential to obtain a GED. Basic education instruction
leading to the acquisition of a state certified GED will be provided.
Additionally work readiness skills will be taught to students wishing to
enter employment.
Outcome and output Indicator data: Outcome
· Number of accountability programs in operation - 1 (Project
Recovery)
· Number of accountability programming slots - A maximum of 20
youth will be enrolled in the program (Enrollment record will be
used to measure outcome)
Outout
· Number of supervision meetings per youth per month (Reports
from Probation Officer/Outreach Worker/Diversion Officer will be
used)
· Number and percent of youth with a behavioral contract
developed at their intake into the accountability program
(Reports from Intake Officer will be used)
· Average percent of days youth received services (Attendance will
be tracked)
· Number of days of program participation per youth (Classroom
attendance records will be used to measure outcome)
11
Target population - Adjudicated youth who have dropped out of school.
Rationale - Research clearly establishes the prevalence of Iow educational
attainment and dropout status among incarcerated youth and adults in
the U.S., and makes a powerful case for retrieving and re-enrolling
dropouts as a form of crime prevention in our community. Office of
Juvenile Justice and Delinquency Prevention states that 90% of teachers
providing reading instruction in juvenile correctional facilities reported
that they had "students who [could not] read material composed of words
from their own oral vocabularies," and that approximately 40% of youth
held in detention facilities may have some form of learning disability.
Most juvenile offenders age 16 and older never return to school or
graduate from high school.
The National Adult Literacy Survey found that 19% of adult inmates are
completely illiterate and 40% are functionally illiterate. This compares to
the national illiteracy rate for adult Americans at 4%, with 21%
functionally illiterate. The survey found that the rate of learning
disabilities in adult correctional facilities runs at 11%, compared to 3% in
the general population. U.S. Dept. of Justice states that over 70% of all
people entering state correctional facilities have not completed high
school, with 46% having had some high school education and 16.4%
having had no high school.
The Iow educational levels of the prison population would suggest that a
city's worsening dropout problem may be paralleled by a worsening
juvenile crime problem. Such is the case in Roanoke, where both the
dropout rate and the juvenile crime rate are among the worst in the state
of Virginia. According to 2002 Kids Count in Virqinia, the rate of juvenile
arrests per 1,000 among youth ages 12-17 rose steadily -- in lock step
with Roanoke's rising dropout rate -- from 8.52 in 1993 to 11.7. in
2002, giving the City of Roanoke a rank of 83 out of 91 Virginia localities
in incidence of juvenile crime.
12
An education specialist will contact 20 adjudicated youth who have
dropped out of school, counsel them about the importance of an
education and share their educational options, which includes returning
to public school or an alternative educational setting. If the youth prefers
to return to public school, the education specialist will discuss youth's
interest with principal and/or guidance counselor to assist youth in
reenrollment. If the student prefers an alternative program and is under
1 7 years of age, the education specialist will work with the parent and
school system to secure the required release from compulsory education
so that the youth can enroll in a GED program. Older youth are not
required to return to public school. Once enrolled, the student will be
encouraged to attend classes daily. The education specialist will track
school attendance and progress. At least 60% of reenrolled high school
seniors or GED enrolled students should complete high school or obtain
their GED. The same percentage (60%) of those who are not high school
seniors or who are functioning on a basic education level will increase
their grade level by ½ to 2 grades depending on the level at entry.
Sequence of sanctions for non-compliance:
1. Parents will be contacted if student refuses to attend classes daily.
2. Probation officer will be contacted if student still fails to conform.
3. If non-compliance still exists, student will be taken back before the
judge.
Awarding of 2005 Funds and Administrative Plan
The Roanoke Valley proposes use of available JABG funding for the above-
described programs and targets the following one purpose area.
JABG Purpose Areas #11 - Establishing and maintaining accountability-
based programs designed to reduce recidivism among Juveniles who are
referred by law enforcement personnel or agencies.
The JABG committee will monitor programs for their effectiveness in reducing
recidivism among juvenile offenders. Our goal is to establish an outcome
measurement process for evaluating program effectiveness and increasing
juvenile accountability based on the following strategies:
use the state's tracking system to monitor any further delinquent acts
committed by our court involved juveniles after receiving and/or completing
sanctions and intervention services.
sharing of information on juvenile offenders and program resources to
promote early identification and effective supervision and treatment options.
establish an outcomes check list for probation officers/case managers to use
to assess and report progress among youth served at set intervals.
parents will be required to complete a questionnaire to assess and report
change in youth's behaviors and compliance with home-rules, school
attendance, etc., and the family's overall level of functioning at set intervals.
individual student tracking forms used by the Student Assistance Program
Coordinators will be used to denote changes in school attendance,
discipline, grades and results of urine screens as well as other community
services received every nine weeks.
track number of students who return and complete school.
Juvenile Accountability Block Grant Program
Roanoke Valley Community Plan of Action
Juvenile Justice Services Available in Roanoke Valley
14
Graduated Sanctions
Type of Program Diversion Treatment Institutional
Facility
Restitution X
Community Service X
Enhanced Community Service (FORCE) X
Reaching Out to Adolescent Dads (ROADS) X
Parent Education/Support Group X
Truancy Program X
Parent Aide X
Noel C Taylor Learning Academy-Alternative Education Center X
ARTE (Aggression Replacement Training & Education) X
Outreach Detention X
Electronic Monitoring X
Detention Center X X
Detention Center Tour X
Substance Abuse Counseling X
Family Group Counseling X
MAT (Moral Reconation Therapy) - substance abuse X
Day Treatment Services X
Day Reporting Program X
Women's Group X
Grief Group X
In Home Services X
Youth Haven II - Day Reporting Center X
Probation X
Specialized Probation X
Intensive Supervision X
Aftercare supervision X
Independent living X
Post-dispositional sentencing X
Psychological Evaluation Services X
Commitment to Juvenile Justice Institution X X
Sanctuary X X
Youth Haven I - for males X X
Pro, iect Recovery X
Student Assistance Program X
15
Juvenile Accountability Block Grant Program
Roanoke Valley Community Plan of Action
Process of Graduated Sanctions applied in the Roanoke Valley
Roanoke's local Court Service Units have developed the following system of
graduated sanctions for use in their case management of juvenile offenders.
The sanctions are applied according to the needs of the youth and his/her
compliance with supervision, probation and treatment orders. If a youth is
successful, sanctions decrease and incentives increase. However, if a youth is
not successful, sanctions increase and incentives decrease. The overall goal of
this approach is to develop consistency across case planning strategies and
increase accountability among youth for their actions.
Most Restrictive
Least Restrictive
Transfer to Adult Court
Commitment
Post Dispositional Detention
Pre-Dispositional Detention
Residential Placement
Group Home
House Arrest
Intensive Probation
Probation
Community Treatment
Counseling/Outpatient
Community Service
Fi ne / Restitution
Diversion
Warning
16
BOYS AND GIRLS CLUB
Day Report Center ($20,066)
Program Overview:
The mission of the JABG Day Report Center is to provide supervision, academic
remediation, and educational transition services to juvenile offenders in a
system of graduated sanctions designed to enhance school attendance and
reduce delinquent activity in the high-risk school age population of the City of
Roanoke. This program provides a structured regimen of activities for eligible
youth, to include social competency development such as anger management,
life skills training and gang prevention and serves as a sanction for youth who
have been suspended from City of Roanoke Schools. (Funding for this program
is supplemented by other community resources/matching funds so that other
than JABG-eligible youth can be served).
Data Collected to present indicates that:
Since March of 2002, the Day Report Center has served 54 teens. Thirty-nine
students were contacted and given our after-care survey. (No valid contact
information has been recorded for the remaining 15 teens.) Of the students
who responded (46~, 72% successfully re-entered the school system; 77% have
had no further involvement with law enforcement since leaving the program.
Two students reported they had dropped out of school since leaving the
program but both are working to get their GED.
During the 2004-05 school year, we have served 25 expelled and/or
adjudicated youth who have been referred to the program by the City of
Roanoke Schools and the Department of Juvenile Justice. Eight students have
been discharged from the program; five of these students have successfully re-
entered the school system and four of the five have had no further suspensions.
Of those discharged, six have had no further involvement with law
enforcement.
17
To date, we have served two seniors in high school. One of these seniors
successfully graduated and is attending a four-year college. The other is still
enrolled in the program.
Goals: To provide supervision of identified youth while increasing youth's
capabilities for personal accountability by providing treatment and services
designed to increase the development of social competencies, career
development competencies, social skills and personal development and
improve academic achievement. To increase parental awareness and
educational involvement, while decreasing and diminishing recurring court
involvement of all youth involved.
Proaram Obiectives:
· Provide services for up to 17 youth at one time enrolled in middle and
high school at risk of further delinquent acts and provide them with
constructive, positive alternatives.
· Maintain continued participation in the programming of at least 66% of
the targeted youth.
· Improve the school attendance and performance of 50% of program
participants.
· Have no subsequent juvenile justice system involvement in at least 50% of
the targeted youth.
· Provide recreational activities as a viable and safe alternative to negative
behaviors.
· Have 100% participation in parental survey, allowing us to document
changes in behavior and follow-up with reentry program.
Purpose area 11 - Performance Indicators
Output Indicators
· Number of youth referred to and involved in program
· Numbers of youth successfully completing program
18
Outcome indicators
Number of youth having no further court involvement (Office of Juvenile
Justice)
· Number of youth referred a second time to program (Day Report
Prog ram)
· Number of youth who successfully complete academic school year in
traditional school setting (City of Roanoke Schools)
19
Roanoke County
Saturday Substance Abuse Program ($12,242)
Proqram Overview:
The Saturday Substance Abuse Program is a collaborative effort among law
enforcement personnel, Roanoke County Public School's Student Assistance
Program and Family Services of the Roanoke Valley.
The program is for students who violate the Roanoke County Public Schools
substance use policy and/or the Code of Virginia and/or who are referred by
law enforcement or court services. Youth and their parents attend eight hours
of substance abuse education expanding over two Saturday mornings. This
program is designed to utilize existing services, enhance collaboration and
offer an effective program with little funding.
Evidence demonstrates that the program is being effective. Parents and
students report gains in awareness, attitude and knowledge, recidivism, school
dropout and expulsions are Iow, and a high percentage of youth remain in
school and those scheduled to graduate are doing so. The following
information demonstrates program outcomes.
From March 2002 to December 2004 approximately 246 out of 297 youth (85%)
and their parent/guardian completed the program.
Data from January, 2004 to December, 2004 indicates that:
youth were referred and 88 completed the SSAP (80%)
8 youth attend only one of the two sessions (7% - non-compliance)
Of the 88 youth that completed the program:
2 youth were expelled to the alternative school - 2 youth were first time
substance policy violators but considered severe enough to warrant
2O
placement at the alternative school.
2 youth expelled to the alternative school for a subsequent violation were
expelled from the alternative school for non-compliance with contract
and positive urine
screens (.02 %).
· 1 youth dropped-out of school after reaching the age of 18 (.01%).
85% of the parents and in some classes 100% of the parents stated
according to an exit survey they have a better understanding of
substance abuse and an increased positive attitude toward non-use by
their youth. Parents increased their pre/post test scores by 13.9%
80% of the youth, who completed the $SAP increased their knowledge of
the negative effects of substance use based on their pre/post test scores.
Students increased their pre/post test scores by 17%
80 students (89%) of the 88 (80%) completed the program between
January 2004 and December 2004, of the 80 students (89%) 14 graduated
from high school, 1 dropped out of school, 2 students completed their
GED, 3 moved and 1 was court ordered further sanctions. 59 students
are currently enrolled and attending school.
Goal: 90% of the youth who complete the SSAP program by December 2006 will
not have violated the school substance use policy nor the Code of Virginia in
regards to substance use within one year from the youth's prior offense as is
evidenced by violation records.
Objectives:
1.) 90% of the youth referred by law enforcement personnel and/or are court
referred to the SSAP will complete the program as indicated on
attendance rosters by December 2005.
21
2.) 75% of the youth will increase knowledge of the negative effects of
substance use as indicated by a 10% increase over pre/post-test
completed at the end of each session.
3.) 75% of the parents/guardians who participate in the SSAP will have a
better understanding of substance abuse and increased positive attitude
toward non-use by their youth as indicated by a survey and pre/post test
completed at the end of each session.
4.) 95% of the youth and parents who successfully complete the SSAP in
2005 will complete a follow-up plan with the Student Assistance
Coordinator/Counselor within a month after completion of sessions as
evidenced by data from the individual student tracking form.
Activities:
1 .) Notify youth/parents of the date, time and place of the SSAP at the
beginning of each session.
2.) Schedule trained facilitators to present the curriculum before each of the
seven sessions of the two-day SSAP.
3.) Students/parents attend the program, attendance is taken and they
participate in the program, and complete survey and pre/post test.
4.) Reports are sent to Student Assistance Program Coordinators at the end
of each session.
5.) Student Assistance Program Coordinators meet with students and parents
to discuss results and recommendations from the facilitators of the SSAP
and develop an individual service follow-up plan.
6.) A questionnaire will be mailed to participants at a designated follow-up
period to gather outcome data.
Purpose Area 1 1 - Performance Indicators
Output Indicators
· Number of accountability programs in operation. (SSAP)
· Number of accountability programming slots. (15 middle and 15 high
school youth and 40 parent/guardians for each session)
Outcome Indicators:
22
· Number of and percent of youth with a contract developed at their intake
into the accountability program. (Youth substance use violation contracts
are developed at the time of the offense.)
· Number of days of program participation per youth. (attendance x2)
· Number and percent of youth to complete their accountability program
successfully. (Students referred and successfully complete the SSAP vs
those who don't)
· Number and percent of youth to receive aftercare services. (follow-up
services by SAP Coordinator and/or community service agency)
Total Action Against Poverty
ProJect Recovery Program ($8,273)
Prooram Overview:
Project Recovery will help adjudicated youth avoid the negative risks and
unproductive lifestyles that often correlate with dropping out of school. We will
recover those youth who have dropped out of the traditional school setting and
assist them in returning to the public school system or an alternative
educational program that leads to the completion of their secondary education
requirements. If alternate education (GED) is the option taken, the youth will be
required to attend classes five days a week for four hours each day. Project
Recovery will also track the retention and completion rate of adjudicated youth.
(Funding for this program is supplemented by United Way and the Western
Virginia Education Classic so that other youth who are not court order can be
served.)
Proaram Goals:
· Retrieve adjudicated youth who have dropped out of school
· Provide formal assessment to determine grade level and academic
potential to obtain a GED
· Provide Basic Education Instruction that leads to the acquisition of a state
certified GED
· Provide Work Readiness Skills for youth wishing to enter employment
· Provide Outreach and Recovery Services to 20 youth who have dropped
out of school and are court involved
· Re-enroll 12 youth in the public school system or an alternative
educational program that will help them get back on track toward high
school completion
· 60% of youth who enrolled and remain will get their GED or increase their
grade level by ½ to 2 grades depending on the level at entry
Puroose Area:
# 1 1. Accountability-based programs designed to reduce recidivism among
juveniles referred by law enforcement personnel or agencies.
Outcome and Outout Indicators:
Outcome
· Number of accountability programs in operation
· Number of accountability programming slots
OUtDUt
· Number and percent of youth referrals across departments,
organizations, agencies or units
· Average percent of days youth received treatment/services
· Number of days of program participation per youth
· Number and percent of youth to complete their accountability program
successfully
Secluence of sanctions for non-compliance
Parents and students are contacted regarding non-compliance and
offered another opportunity to get back on track provided student is
willing to abide by agreed requirements
If students and parents do not respond then the non-compliance is
reported to the probation officer or the referral source - e.g., or court
services
Students on probation may be taken back before the judge
25
Juvenile Crime Enforcement Coalition
Required Representation Member Name/Title Agreed to Attended Kept
Participate MeeUng(s) Informed/Provide
Input
Police Department Unda Payne Yes Yes Yes
Roanoke County Police Dept.
Sheriff's Department George McMIllan, Sheriff Yes No Yes
City of Roanoke
Commonwealth Attorney Alice £kirch, Assistant Yes Yes Yes
Commonwealth Attorney II
Court Services Unit Rodney Hubbard, City of Roanoke Yes Yes Yes
Juvenile Court Services
Regina Goforth, Yes Yes Yes
Juvenile Court Services
Juvenile Court Judge Joseph Bounds Yes / Representative No Yes
Juvenile and Domestic Relations
District Court
City of Roanoke Schools Steve Tomasik Yes Yes Yes
Roanoke City Schools
Roanoke County Schools JoAnn Burkholder Yes Yes Yes
Roanoke County Schools
Non-Profit/Non- Tom Tankersley, Director of Yes Yes Yes
Counseling
GovernmentaJ Victim Family Service of Roanoke
Advocacy Valley
Religious Affiliated Fraternal Prestonla Kier, Youth Director Yes No Yes
Unity of the Roanoke Valley
Non-Profit Organization Annette Lewis, Total Action Against Yes Yes Yes
Poverty
Higher Ed Center
Ron Jones, Total Action Against Yes Yes Yes
NOTE: All documents, notices of meetings are transmitted to every member and their comments
recommendations, etc are invited.
26
Use of Funds for Current Program Year
January 1,2005 - December 31,2005
Saturday Substance Abuse Program for Youth and Parents
JABG Budget ($!2,242 + Cash match of 10% ($1,347) = $13,589)
~ JABG
Personnel A~;tual Cash Match In-Kin~J Total
Roanoke County Public Schools $ 42.336.00 $ 42.336.00
Total Personnel $ 42r336.00 $ 42~336.00
FiCA/Medicare (7.65~ $ 3~238.70 $ 3,238.70
Workers Comp (2.5%) $ 1 r058.40 $ 1,058.40
Unemployment (2.5%) $ 1.058.40 $ 1.058.40
Total Benefits $ 5~355.50 $ 5,355.50
Contracted ~'vi~;~s
Family Service of Roanoke
Valley (Six - S hour sessions) ~; 12~42.00 $ 1.347.00 $ 13.589.00
Total Contracted Services $ 12~242.00 $ 1~347.00 $ 13~589.00
SuoDlies/Material~
Materials (Video/Instructional)
Copying
Total Supplies/Materials
Postage/Printing
Facility Maintenance $ ] ,820.00 $ ] .820.00
Total Other Expenses $ ] ,820.00 $ ] ,920.00
Totai Program Expenses $ ]2~242.00 $ ],347.00 $ 49~51].50 $ 63~]00.05
27
Boys and Girls Clubs of Roanoke Valley
JABG Budget
JABG Budget ($20,066 + Cash Match of 10% ($2,230) = $22,296)
Line Item
Personnel
BGCRV / JABG Director $
Part Time Staff
l@$SX25hrX30wks
Rke City Teacher
Total Personnel $20,066.00
Benefits
FICA/Medicare (7.65%)
Workers Comp (2.5%)
Unemployment (2.5%)
Total Benefits
Suoolies/Eauioment
Office
Program
Cleaning
Total
Supplies/Equipment
Other Exoenses
Insurance
Rke City School Lunches
Travel/Training
Postage/Printing
Utilities
Facility Maintenance
Total Other Expenses
Total Program Expenses $ 20,066.00
JABG In-Kind Match
14,066.00 $ 2,000.00
6,000.00 $ 2,230.00
- 4,800.00
$ G,800.O0 $ 2,230.00
$ 1,415.25
$ 462.50
$ 462.50
$ 2,340.25
633.00
1,391.00
$ 2,024.00
667.00
700.00
1,200.00
-
5,833.00
-
Total
$16,066.00
8,230.00
$4.800.00
$ 29,096.00
i,415.25
462.50
462.50
2,340.25
633.00
1,391.00
-
$ 2,024.00
667.00
700.00
1,200.00
-
5,833.00
-
$ 8,400.00 $ 2,230.00$ 8,400.00
$19,564.25 $2230.00 $41,860.25
28
Total Action Against Poverty
ProJect Recovery
JABG Budget
JABG Budget ($8,273 + Cash Match of 10% ($919.00) = $g,192)
Line Item
JABG In-Kind Match
Total
TAP Personnel
GED Instructor
Total Personnel
$6,683 $19,946 $ 411
...... 30.677 ......
$6,683 $50,623 $ 411
$27,040
30.677
$57,717
Frlnae
FICA (7.65%)
w.c. (2.1%)
VUTA (3.78
Insurance
Total Fringe
$ 511 $ 3,781 $ 123
140 1,072 61
99 505 54
550 3,~97 194
$1,300 $ 9,255 $ 432
$ 4,415
1,273
658
4.641
$10,987
Suoolles/Materials
Office
Program
Supplies/Materials
$ 100 $ 1,200 $ 40
50 500 21
$ 150 $1,700 $ 61
$ 1,340
571
$ 1,911
Other
Bus Passes (Youth)
Postage
Space Cost
Indirect Cost
Total Other
$ 100 $ 1,500 $ 15
40 300
12,431
5.829 ......
140 $20,060 $ 15
$ 1,689
340
12,431
5.829
$ 20,215
TOTAL BUDGET $ 8,273 $81,638 $ 919 $ 90,830
JUVENILE ACCOUNTABILITY BLOCK GRANT
POLICY ASSURANCE
As Project Director, I certify the following for my locality:
City of Roanoke
(Name of Locality)
___X____ The state policy on controlled substance abuse screening is
used by the locality (Court Services Unit).
(See attached)
A policy on controlled substance abuse screening has been
established for this locality.
(Please attach a copy of your Iocality's policy)
Signature of Project Director Date
3O
Memorandum of Agreement
City of Roanoke
and
Roanoke County
This Memorandum of Understanding, made this 16,h day of March, 2005 by and between
the City of Roanoke (CITY) and Roanoke County (County);
WHEREAS, the Department of Criminal Justice Services notified the City and the County
of the availability of an allocation of funds under the Juvenile Accountability Block Grant
Program (JABG);
AND, the allocation of $48,493 in federal funds was awarded jointly to the two
jurisdictions.
The City and County agree to the following:
a. The allocation formula provides $32,473 federal and $3,608 match for the City,
$16,020 federal and $1,780 match for the County.
b. Staff from the jurisdictions have met and developed program proposals for the
use of the funding.
c. The County will provide a substance abuse intervention education program
through the schools.
d. The City, in collaboration with the Boys & Girls Club and Total Action Against
Poverty, will provide services to students suspended or otherwise absent from
school during the day as well as improve the drop-out retrieval rate.
e. This agreement shall remain in full force until expiration of grant funds.
NOW THEREFORE, it is mutually agreeable between the parties to enter into this
agreement.
IN WITNESS WHEREOF the parties have affixed their signatures and seals.
City of Roanoke
Jane Conlin, Director
Human/Social Services
Date
Roanoke County
John Chambliss, Jr., Date
Assistant County Administrator
31
APPENDIX 1
COPY OF SUBSTANCE ABUSE SCREENING AND ASSESSMENT
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
April 6, 2005
File #60-166-237
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37008-040405 appropriating flood insurance
proceeds to various departments, and amending and reordaining certain sections of
the 2004-2005 General, Civic Facilities and Capital Projects Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CM~
Deputy City Clerk
SMM:ew
Attachment
K:~AGENDA CORRESPONDENCE~agenda correspondence 05V~or 05¥kor 4 2005 correspondence.doc
Jesse A. Hall
April 6, 2005
Page 2
pc:
Darlene L. Burcham, City Manager
George C. Snead,Jr., Assistant City Manager for Operations
Sherman M. Stovall, Director, Management and Budget
Glenn A. Asher, Risk Manager
K:~,GENDA CORRESPONDENCE~agenda con'espondence 05~,pr 05V~or 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 2005.
No. 37008-040405.
AN ORDINANCE to appropriate flood insurance proceeds to various
departments, amending and reordaining certain sections of the 2004-2005 General, Civic
Facilities and Capital Projects Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2004-2005 General, Civic Facilities and Capital Projects Funds
Appropriations be, and the same are hereby, amended and reordained to read and provide
as follows:
General Fund
Appropriations
Flood Damage Repairs
Flood Damage Repairs
Flood Damage Repairs
Revenues
Flood Damage Reimbursements
Civic Facilities Fund
Appropriations
Flood Damage Repairs
Revenues
Flood Damage Reimbursements
Capital Proiects Fund
Appropriations
Appropriated from General Revenue
Revenues
Flood Damage Reimbursements
001-440-4330-2300 $ 44,000
001-620-4340-2300 30,000
001-530-4110-2300 8,800
001-110-1234-0664
005-550-7410-2300
005-110-1234-0664
008-440-9854-9003
008-110-1234-0664
82,800
42,000
42,000
67,271
67,271
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.romqokegov.com
April 4, 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:
Appropriation of Flood
Insurance Proceeds
Background:
A local emergency was declared in the City of Roanoke on September 28, 2004
as a result of flooding. An evaluation of damages to city property has been
completed by Risk Management and other operating departments. An
assessment of damages has also been completed as required for the purposes
of flood insurance recoveries. Insurance proceeds have been received both in
the form of advances and settlements. The final insurance settlement, however,
is pending completion and subsequent insurance proceeds will need to be
appropriated at a later date.
Considerations:
Funding in the amount of $192,071 has been received and needs to be
appropriated to cover expenses that have been incurred.
Recommended Action(s):
Establish a revenue estimate of $67,271 in the Capital Projects Fund.
Appropriate $67,271 to the following expenditure account:
Mayor Harris and Members of City Council
April 4, 2005
Page 2
DeDartment Account
Facilities Management (BCAP) 008-440-9854-9003
Dollar Amount
67,271
Establish a revenue estimate of $82,800 in the General Fund and $42,000 in
the Civic Facilities Fund. Appropriate $124,800 to the following expenditure
accounts:
Department Account
Facilities Management 001-440-4330-2300
Parks 001-620-4340-2300
Transportation - Street Maint. 001-530-4110-2300
Civic Facilities 005-550-7410-2300
Dollar Amount
44,000
30,000
8,800
42,000
DLB:am
C:
Respectfully submitted,
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Glenn A. Asher, Risk Manager
#CM05-00039
CIT.Y.. OF RO_ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
April 6, 2005
File #77-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37009-040405 authorizing the City Manager
to submit, on an annual basis, a street inventory for State maintenance payment
eligibility to the Virginia Department of Transportation, upon forms prescribed by
VDOT for approval by the Commonwealth Transportation Board, in order to ensure
the City's eligibility for State maintenance funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
K:~,GENDA CORRESPONDENCE~agenda correspondence 05'~or 05¥~pr 4 2005 correspondence.doc
Darlene L. Burcham
April 6, 2005
Page 2
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Sherman M. Stovall, Director, Office of Management and Budget
Robert K. Bengtson, Director of Public Works
Kenneth H. King, Manager, Division of Transportation
Mark D. Jamison, City Traffic Engineer
K:~AGENDA CORRESPONDENCE~agenda correspondence 05Vkpr 05V~or 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of April, 2005.
No. 37009-060605.
A RESOLUTION authorizing the City Manager to submit on an annual basis 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.
WHEREAS, Section 33.1-41.1 of the Code of Virginia (1950), as amended, establishes
eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and
WHEREAS, inventory additions and deletions are required to be submitted to VDOT on an
annual basis in order to be eligible for payment.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager is authorized to submit on an annual basis inventory additions and deletions to VDOT for
approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for
State street maintenance funds, as set forth in the City Manager's letter dated April 4, 2005, to City
Council.
ATTEST:
'~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable BrianJ. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Annual Submission of Street
Inventory to VDOT for
Maintenance Payment
Eligibility
Background:
Section 33.1 - 41.1 of the Code of Virginia (1950), as amended, establishes
the eligibility criteria of localities for receiving funds from the Virginia
Department of Transportation (VDOT) for street maintenance. It specifies two
functional classifications of roadways (Principal/Minor Arterials and
Collector/Locals) and establishes a base payment rate per lane mile for each
classification of roadway. These 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.
Typically, the City submits a list of streets either added to or deleted from the
City system to VDOT once a year. Upon approval of this list, VDOT adjusts the
annual reimbursement received by the City for street maintenance activities.
Eligible expenditures include costs for maintenance of streets, sidewalks, curb
and gutter, traffic signals, bridges, signs and pavement markings.
Considerations:
To streamline this recurring process, a single resolution may be used to
authorize the City Manager to make submissions as required for all future
Honorable Mayor and Members of City Council
Apdl 4, 2005
Page 2
years. This resolution would be attached to the appropriate forms at the time
of each submission. A council update will be provided at each submission to
VDOT.
Recommendation:
City Council adopt the attached resolution authorizing the City Manager to
submit to VDOT the required forms through which streets are added to or
deleted from the City street system used to determine State Maintenance
Payment eligibility.
Respectfully submitted,
Darlene L. Bu~ham
City Manager
DLB/MDJ/gpe
Attachments
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King Jr., P.E., Manager, Division of Transportation
CM05-00028
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 6, 2005
File #27
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. 37010-040405 providing for acquisition of
property rights needed by the City for certain street and drainage improvements in
connection with the Southern Hills Drive - Street and Drainage Improvements
Project; authorizing the City Manager to fix acertain limit on the consideration to be
offered by the City; providing for the City's acquisition of such property rights by
condemnation, under certain circumstances; and authorizing the City to make
motion for the award of a right of entry on any of the parcels for the purpose of
commencing the project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M.
Deputy City Clerk
SMM:ew
Attachment
K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Apr 05Vkor 4 2005 cerrespondence.doc
Darlene L. Burcham
April 6, 2005
Page 2
pc:
Jesse A. Hall, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
George C. Snead,Jr., Assistant City Manager for Operations
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
K:~AGENDA CORRESPONDENCE~agenda correspondence 05V~,pr 05V~or 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37010-040405.
AN ORDINANCE providing for the acquisition of property rights needed by the City for
certain street and drainage improvements in connection with the Southern Hills Drive - Street and
Drainage Improvements Project; authorizing the City Manager to fix a certain limit on the
consideration to be offered by the City; providing for the City's acquisition of such property rights by
condemnation, under certain circumstances; authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the project; and dispensing with
the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For certain street and drainage improvements in connection with the Southern Hills
Drive - Street and Drainage Improvements Project, the City wants and needs certain fee simple
interests, temporary construction easements, permanent easements, and rights of ingress and egress,
licenses or permits, as more specifically set forth in the City Manager's letter dated April 4, 2005, to
City Council. The owners of the property as identified by the attachments are based on the best
information available to the City at this time. The City may acquire the identified interest from the
legal owner of the property as determined by a title search. The proper City officials are authorized
to acquire for the City from the respective owners the necessary interests and appropriate ancillary
rights with respect to the parcels, for such consideration as the City Manager may deem appropriate,
subject to the limitation set out below and subject to applicable statutory guidelines. All requisite
documents shall be upon form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the owners of each of
the aforementioned parcels, such consideration as deemed appropriate for the necessary interests,
provided, however, the total consideration offered or expended, including closing costs, title search
fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $40,000.00
without further authorization of Council. Upon the acceptance of any offer and upon delivery to the
City of a deed, approved as to form and execution by the City Attomey, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed, certified by the
City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real estate in which an
interest in property is required or should any owner be a person under a disability and lacking
capacity to convey such interest or should the whereabouts of the owner be unknown, the City
Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the
City the appropriate property rights.
4. In instituting or conducting any condemnation proceeding, the City Attorney is
authorized to make motion on behalf of the City for entry of an order, pursuant to {}25.1-200, et seq,
or {}33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter
upon the property for the purpose of commencing the project. The Director of Finance, upon request
of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to
the respective owners.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
CITY 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
April 4, 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:
Property Rights Acquisition for
Southern Hills Drive - Street
and Drainage Improvements
Project
The Southern Hills Neighborhood Plan identifies storm drain and street
improvements needed along Southern Hills Drive. Design of the project is now
sufficiently complete to identify the property rights that will be needed for
construction of the project. See Attachment #1 for map showing location of
parcels.
Recommended Action(s):
Authorize the City Manager to acquire the necessary property rights on parcels
listed on Attachment #2. Said property r ghts may be acquired following a
satisfactory environmenta s te nspection by negotiation or eminent domain, and
may include fee simple permanent easements, temporary construction easements,
rights of way, licenses or permits, etc.
Respectfully su~ed,
Darlene L. Bu~cham
City Manage~
DLB/SEF
Attachments
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
#CM05-00038
Attachment #1
SOUTHERN HILLS DRIVE - STREET & DRAINAGE IMPROVEMENTS PROJECT
~80330
5460124
Attachment #2
SOUTHERN HILLS DRAINAGE AND STREET IMPROVEMENTS PROJECT
Tax No. Owner
5470111
5470112
5480301
5480302
5480303
5480304
5480305
5480306
5480307
5480308
5480310
5480311
5480312
5480313
5480314
5480315
5480316
5480317
5480318
5480319
5480320
5480401
5480403
5480404
5480405
5480406
5480601
5480602
5480603
5480604
5480605
Faison Southern Lane LLC
Faison Southern Lane LLC
Virginia Cobbs
Virginia Cobbs
Virginia Cobbs
Nannie S. Witcher
Nannie S. Witcher
Lucy L. Taylor
Lucy L, Taylor
M & W Properties
Dennis Phelps
Dennis Phelps
Eugene Phelps
Michael Smith
Lorraine Turner Franklin
Frederick L. Wiley
Frances O. Muse
Frances O. Muse
Frances O. Muse
Springwood Assoc.
Springwood Assoc.
James A. AIIman
Theodore Y. Beckner, Jr.
City of Roanoke
City of Roanoke
City of Roanoke
Roger L. Johnson
Helen Leftwich
Thomas J. Barbour
STEKASA LLC
Jean G. Robertson
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
April 6, 2005
File #373-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, April 4, 2005, Council unanimously voted to table action on an ordinance
authorizing execution of an Amendment to the Lease Agreement with Crown
Roanoke, LLC for office space located at ll! Franklin Road, S. W., Suite 200.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Director, Economic Development
K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Apr 05~*,pr 4 2005 cerrespondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE authorizing the proper City officials to extend the lease agreement
between the City and Crown Roanoke, LLC, for lease of office space within the Franklin Plaza
Building, located at 111 Franklin Road, for the Department of Economic Development, for a period
of five years, upon certain terms and conditions; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the
appropriate amendment to the lease agreement with Crown Roanoke, LLC, to extend the lease of
office space within the Franklin Plaza Building, located at 111 Franklin Road, for the Department of
Economic Development, for an additional term of five (5) years, beginning June 1, 2005 and
expiring May 31, 2010, at an annual lease fee of $16.00 per square foot with an increase of 1.55%
each year thereafter, over the five-year period, upon such terms and conditions as more particularly
set forth in the City Manager's letter dated April 4, 2005.
2. 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.
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
April 4, 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 Council:
Subject: First Amendment to Lease for the
Department of Economic Development at
111 Franklin Road, Suite 200
Background:
The City of Roanoke currently leases 3,444.50 rentable square feet at 111
Franklin Road, Suite 200 for the Economic Development Department. The
original lease was for a five year period beginning May 25, 2000 through May
31,2005 at a rental rate of $16.75 per square foot with a 3% annual increase.
Resolution No. 34717-032000 approved the lease dated March 20, 2000.
An extension of the current lease agreement for an additional five-year period
has been requested, beginning June 1,2005 through May 31,2010. The
extension will be substantially similar to the original agreement. The proposed
agreement establishes a rate of $16.00 per rentable square foot with an
increase of 1.55% each year thereafter. The annual rental, which will be paid in
monthly installments, shall be as follows:
June 1,2005 - May 31,2006 $55,112.00 $4,592.66 per month
June 1,2006 - May 31,2007 $55,973.12 $4,664.42 per month
June 1,2007 - May 31,2008 $56,834.25 $4~736.18 per month
June 1,2008 - May 31,2009 $57,695.37 $4,807.94 per month
June 1,2009 - May 31,2010 $58,556.50 $4,879.70 per month
Honorable Mayor and Members of Council
April 4, 2005
Page 2
Funding for the lease is included in the Economic Development Department budget.
Recommended Action:
Authorize the City Manager to execute the first amendment to the lease
agreement with Crown Roanoke, LLC, a Virginia Limited Liability Company, for
111 Franklin Road, Suite 200, Roanoke, Virginia for a period of five years,
beginning June 1, 2005 and expiring May 31, 2010. All documents shall be
upon form approved by the City Attorney.
DLB:Ipp
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Brian Townsend, Acting Director of Economic Development
Sherman Stovall, Director of Management and Budget
David Collins, Assistant City Attorney
Lisa Poindexter-Plaia, Economic Development Specialist
CM05-00037
Index Fields for Contracts & Leases Imaging database
Type Contract
Doc ID 5DGQHE
Title Office lease 111 Franklin Plaza 111
Franklin Plaza
111 Franklin Rd
Roanoke, VA
Department Economic Development
Destroy Date 05131/2010
01/02/2003 11:12:27 AM by Bonnie Fia.~q
TH S LEASE made this 20~ day of March, 2000 between~'--.- ,.---" ...... ~ · -
· ~uwll LL[.; a virginia
L m tad L ability Company w th offices at c/o Crown Properties, Inc., 400 Ga~i~ 1, Garden
City, New York 22530 (hereinafter "Lessor') and the CITY OF ROANOKE, VIRGINIA, a Virginia municipal
corporation having its office at 364 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011
(hereinafter "Lessee").
Lessor hereby demises and lets unto Lessee all certain space ~ constituting
a portion of the second (2nd) floor, aa outlined on the plans marked ~attechad hereto and made a
part hereof, in the building known as or to be known aa 111 Franklin Plaza at 111 Franklin Road, in the City
of Roanoke Commonwealth of Virginia, (the"Buildin,~"}. Lessor and Lessee agree that the Premises consists
of 2,995.25 rentable square feet (the"Floor Area"), as measured from the outside of extedor walls, shaft walls
or corddore or the center of any common walls, aa the case may be, plus a 15% preretad share of the
common areas equal to an additional 449.25 square feet, for a total of 3,444.50 square feet which will be the
basis for the rent paid to Lessor.
This Lease is made on and is subject to the following terms end conditions:
Artk:le 1. Terrrl
(A) The term of this Lease shall commence on the Commencement Date aa hereinafter
defined and shall end on the data that is five (5) yeere thereafter except that if the Commencement Date is
other than the flret day of the month, then the term of this Lease shall end on the date that is five (5) yeere
from the last day of the month in which the Commencement Date ocoure.
(B) The Commencement Data shall be May 1,2000, or such later date that Lessor gives
notice to Lessee that the 'Lessee Improvements" as defined in Article 5 below are sul~tentfaily complete and
that the Premises are available to be deiiverad to Lessee. If the Commencement Data is other than the first
day of a month then the rent for the first partial month shall be pro-retsd. Lessor and Lessee anticipate that
the Commencement Data shall be approximately 60 days from the execution of the Plans deacdbed in Article
5 below.
(C) For purposes of this Lease the term 'lease year" shall mean a pedod of 12
consecutive calendar months, the first full lease year commencing on the first day of the term (or, if the
Commencement Data is other than the flret day of a month, then commencing on the first day of the firet
month following the Commencement Date) and each succeeding lease year shall commence on the
annfversen/date of the flint lease year. Any portion of a lease year which ia less than a full lease year shall
be a partial lease year. Each party hereto hereby agrees, upon receipt of written request from the other, to
confirm by a written amendment to this lease the respective commenceme,nt and expiration dates.
A~CIe 2. Rent
(A) Lessee covenants and agrees to pay t~ Lessor annual rent as set forth in the
RENTAL SCHEDULE attechad hereto as Exhib~ 'B' and forming part hereof, which annual rent shall be paid
by Lessee without notice, dernend or set-off in the respaclive monthly installments set forth below, in advance,
on or before the firet day of each calendar month of the term of this Lease.
(B) Rent for the second full month of the term hereof shall be paid at the time of the
signing of this Lease.
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(C) All rent and other sums to be paid by Lessee or Lessor hereunder shell be ser~ to
Lessor at c/o Crown Properties, Inc., 400 Garden City Plaza, Suite 111, Garden City, New York 11530.
(D) Notwithstanding any other provision of this' Lease, Lessee shall have the right to
terminate this Lease without penalty or further obligation in the event the federal, state, or municipal
government does not appropriate the funds necessary for payment of the rent. Lessee shall give thirty (30)
days notice of such nonapproprfation. Lsssee shell be liable for the rant in such event only through the month
in which the Premises are vacated. As a condition of Leseee's right to terminate under this paragraph, Lessee
shall pay to Lessor the total of the following amounts: (a) Six (fi) months rent at the rate being charged as of
~e date of termination; (b) Unamortized cost of Tenant improvements and commissions paid to any broker
connection with this Lease. The total amount of Tenant Improvements and brokerage commission are
intended to be amor~zed over the full five (5) year term of this Lease; (c) The cost of Tenant Improvements
shall not excaed $70,000.
Article 3. INTENTIONALLY OMI'TTED
Article 4. Use
(A) The Premises shall be occupied and used only for administrative business office
purposes and will be accessible to the general public. (*Permitted Use"). Lessee agrees not to (a) permit any
unlawful or immoral practica to be carried on or committed at the Premises; (b) make any use of or allow the
Premises to be used in any manner or for any purpose that might invalidate or increase the rate of insurance
thereon; (c) use the Premises for any purpose whatsoever which might create a nuissnca or injure the
reputation of the Premises or of the Building; (d) deface or injure the Building or Premisee; (e) commit or suffer
any waste; or (f) use, store, install or distribute on or from the Premises any hazardous or toxic chemicals,
wastes, substances or materials. Lessee agrees to pay any increase in the cost of insurance to Lessor as
a result of any unauthorized use of the Premises by Lessee; but such payment shall not constitute in any
manner a waiver by Lessor of ita right to enforce all of the covenants and provisions of this Lease.
(B) Lessee shall not, without the pdor written consent of Lessor, use any apparatus,
machinery, or device in or about the Premises which will overload the Building or any portion thereof or which
will cause any substantial noise, vibration or fumes. If any of Leseee's office rneohinee and equipment should
create noise, vibration, fumes, or othenvtse disturb the quiet enjoyment of any other tenant in the Building,
then Lessee shall, at Leesse's expense, provide adequate insulation, or take such other action as may be
necesse~/to eliminate the disturbenca. Tenant shall comply with all laws relating to its uae and occupancy
of the Premises and shall ol~erve such reasonable rules and regulations as may be adopted and made
available to Lessee by Lessor fi'om time to time for the safety, care and cleanliness of the Premises and the
Building, and for the preservation of good order therein.
Article 5. ' Im
Promptly following the execution of this Lease, Lessor shall, at Labor's sole cost and
expense, cause the following improvements to be made to the Premises se shown on Exhibit 'C' and
including the complete build out of the walls, doors, petitions, et~, shown on Exhibit 'A' and forming part
hereof. All work shall be done to building standard quality and finish.
Lessee expreeNy acknowledges and agrees that except for the Lessee Improvements set
forth in this Article 5, the Premisee are being leased to Lessee in their "AS IS" condition as of the
Commencement Date, with Lessor being under no obligation, express or implied, to make any other
alterations or improvements to the Premises in connection with Lessee's continued occupancy thereof.
Article 6. Occuoancv. Assionment and Sublatfinq
(A) Lessee shall not occupy nor permit other~ to occupy the Premises, or any part
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thereof, other than as hereinbefore specified, nor shall Lessee voluntarily, involuntarily or by operation of law
assign its leasehold interest, or mortgage or pledge this Lease, without the prior written consent of Lessor.
In addition, Lessee shall nut assign this Lease or sublet the Premises or any part thereof, without (i) the prior
wntten consent of Lessor which shall not be unreasonably withheld, anU (ii) first offering such space to Lessor
in accordance with Paragraph (B) hereof. If Lessor rices consent in writing to any assignment or sublease,
such consent shall not in any way release Lessee from liability under any of the covenants or conditions of
this lease, and no such consent shall apply to any future or further assignment or sublease nor bind Lessor
to give consent to any further or future assignment or sublease. Any assignee or sublessse will be bound by
the terms of this Lease and any modifications hereof as though such assignee or subleases were the odginal
party hereto.
(B) If Lessee wishes to assign or sublease the Premises or any part thereof, Lessee
must first offer to return the Premises to Lessor (which offer shall be mede in writing). If Lessor elects to take
back the Premises it shall so notify Lessee in writing, within thirty (30) days after receipt of Lessee's offer,
specifying the date on which this Lease shall terminate to occur not more than an additional thirty (30) days
after Lessor notifies Lessee of its election. If Lessor does not accept Lessee's offer, Lessee may sublease
that portion of the Premises offered to Lessor or assign this Lease, but only upon Lessor's pdor written
consent, it being understood and agreed that such consent shall still be required notwithstanding Lessor=s
election not to take back such space.
(C) In no event shall Lessee advertise the availability of its space or its lease in public
media nor shall it offer the space or the lease to any party with whom Lessor is then negotiating or who is a
tenant in the Building.
(D) This Lease is for use by the City of Roanoke for general business purposes such as
economic or community devalopmanL
Article 7. Alterations
Lessee will make no alterations, additions or improvements to the Premises without first
submitting a detailed description thereof to Lessor and obtaining Leseor's prior written approval. All other
alterations, additions or improvements made by Lessee and all fixtures attached to the Premises shall, at
Lessor's option, become the property of Le_-_-or and remain on the Premises upon the expiration or termination
of this Lease or, after wdtten notice to Lessee, any or all of the foregoing except for Lessee Improvements
set forth in A~lcle 5 shall be removed at the cost and expanse of Lessee before the expiration or sooner
termination of this Lease, and In such latter event Lessee shall repair all damage to the Premises caused by
both installation and removal. Lessee shall nut erect er place, or cause or allow to be erected or placed, any
sign, edver~ethg matter, showcase or other article or maffer in or upon the stairways, lobbies, passages,
outside walls, windows or sidewalks or any other areas in, on or about the Building without the pdor written
consent of Lessor.
The miss and regulations annexed he~e~ se Exhibit 'D" and such additions or modifications
thereof aa may from lima to time be made by Lessor, upon written notice to Lessee, shall be deemed a part.
of this Lease wi~ the same effect as though set forffi herein. Lessee agrees that said rules and regulations
will be foithfolly observed by Lessee and Lessse's employees and invitees.
Article 9. Fire or Other Casualty: Waiver of Subrooafion
(A) If dudng the term of this Lease or any renewal or extension hereof, the Building ie
so damaged by fire or other casualty that the Premises are rendered untenantabis (whether or not the
Premises are damaged) and the Building cannut be repaired within sixty (60) working days or such casualty
ia not included in the risks covered by Lesso~a than currant insurance policies, then, at Lessor's Option (which
may be exercised, if at all, by notice in writing given not more than thirty (30) days after such damage),.~h s
Lease shall terminate ae of the date of such clan'age. In such case, Lessee shall pay the rent or percentage
rent apportioned to the time of the damage if Lessee is already out of possession. If Lessee ia not out of
possession Lessee shall have reasonable time to vacate the Premisis. If such repairs can be made within
the said sixty (60) working days and are covered by insurance as aforesaid, or if Lessor does not elect to
terminate this Lease as aforesaid, then, to the extent that Lessee is not liable for such damage or repairs,
Lessor will repair the Building, excluding Lesese'e VVork and Leesee's property. Lessee may enter the
Premises to repair the damage, and rent shall be apportioned and suspended while Lessee ia deprived of use
of the Premises. If the Premises shall be only slightly damaged or if the damage to the Building does 'not
render the Premises untenantabte then, unless Lessee is liable for such damage or repairs, Lessor will repair
whatever portion, if any, of the Premises which may have been damaged by the fire or other insured casualty
and which is Lessor~e obligation to maintain under this Lease, and the rent shall not be apportioned or
suspended. If Lessor repairs or rebuilds the Building as aforesaid, Lessee shall at Lessee's expense promptly
repair or replace Lessee's VVork and Lesesels fixtures, furniture, furnishings, floor coverings and stock in trade
and promptly reopen for business.
(B) Notwithstanding any other provision herein, Lessee hereby releases Lessor from
liability for loss or damage to the property of Lessee, unless the loss or damage occurred through the
negligence of Lessor or its agents, servants, invttees or employees.
Article 10. ~
Lessee will permit Lessor, Leesor's agents or employees or any other person or persons
authorized by Lessor to inspect the Premises at any time, and to enter the Premises, if Lessor shall so elect,
to make alterations, improvements or repairs to the Building, or for any other purpose related to the operation
or maintenance of the Building, including showing the space to prospective tenants, purchasers and
mortgagees. If at any time during the last three (3) months 'of the term of this Lease, Lessee shall have
removed substantially all of Leesee's property fi'om the Premises, Lessor may enter to alter, renovate and
redecorate the Premises, without abatement or rent, or any in any other manner modifying the rights and
obligations of either party to this Lease. If Lessee shall not be personeliy present to open and permit an enb'y
info the Premises at any time when for any reason an entry shall be necessary or permissible, Lessor or
Lessor's agents may enter by a master key, or may forcibly enter in case of emergency, without rendering
Lessor or its agents liable for any damogee there;ur and without in any manner affecting the dghts or
obligations of either party to this Lease, provided Lessor or its agents shall accord reasonable care to
Lessee's property.
Article 11. Insurance
(A) Leesee agrees to maintain d uring the term hereef, effsotive on the date Leesee tekee
possession of the Premisee, insurance coverage with respect to the Premises in companies satisfactory to
.Lessor for bodily injury, including death, property damage and personal injury liability and contractual liability
insurance, each with a limit of liability of one million dollars ($1,000,000) for each occurrence and two million
dollars ($2,000,000) in the aggregate, all such insurance to include Lessor and its employees and agents as
additional insured parties.
(B) Lessee shall provide Lessor with copies of policies or certificates evidencing such
insurance pdor to the date Lessee takes possession of the Premises and from time to time thereafter as
required by Lessor evidencing that the aforesaid insurance is in full force and affect. All policies and
.certificates shall provide that a minimum oftweN7 (20) day written notice shall be given to Lessor by any such
insurance company prior to the cancellation, termination or change of such covers{la. All insurance herein
required shall be deemed to be additional obligations of Lessee.
(C) Lessee will not do or commit, or suffer or permit to be done or committed, any act
or thing which shall cause the insorenca policies on the Building (or any such policy) to become void or
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suspended, or which shall cause the Building to be considered a more hazardous risk.
Article 12, Release of Lessor
Lessor shall not be held responsible for, and is hereby expressly relieved from, any and all
liability by reason of any injury, loss, or damage to persons or property in, on or about the Premises or the
Building, whether the same be due to fire, breakage, leakage, water construction or physical conditions
anywhere in the Building, failure of water supply, light or power, defects in elenthcal widng, plumbing or other
equipment or mechanisms, wind, lightning, storm or any other cause whatsoever, whether the lose, injury or
damage be to the person or property of Lessee or any other person, un less such injury, loss or damage is the
direct result soleil of the negligence of Lessor, its agents or its employees occurring entireil after the date of
this Lease.
Article 13. Indemnity
To the extent permitted by law, Lessee agrees to indemnify, defend and hold harmless
Lessor, excepting for Lessor'a negligence or the negligence of Leesor's employees, from and against all
claims, liabilities, losses, damages, expenses, actions or causes of action for injury to or death of any person
or loss of or damage to property in or upon the Premises and including the person and property of Lessee,
its employees, agents, invitees, licensees or others, it being understood and agreed that all property kept,
stored or maintained in or upon the Premises or in the Building shall be at the risk st Lessee. The foregoing
indemnity shall be in addition to Lessoe'$ obligation to suppil the insurance as required by Article 11 hereof
and not in discharge of or subal~tution for the same.
To the extent permitted by law, if any damage to the Premises or other property of Lessor
results from any act or neglect of Lessee, its agents or employees, Lessor may at its option repair such
damage, and Lessee shall promptly on demand reimburse Lessor for the cost thereof to the extant the same
is not reimbursed to Lessor under Lessor's insurance.
Article 14. R ir Main
(A) RePairs. Lessee agrees to keep the Demised Premises in good order and condition,
ordinary wear and tear and damage caused by insured against cesualty alone excepted, and to remove all
unreasonable accumulations of dirt, rubbish, waste and refiJse therefrom. Upon the expiration or sooner
termination of the Demised Term, Lessee will surrender the Demised Premises, broom clean and vacant, in
the same good order and condition es I. eesee has agreed to keep the Demises Pmmisee during the Demised
Term. Lessee shell not knowingil do or commit, or suffer or permit to be done or committed anywhere in the
Building, any act or thing contrary to law or the rules and regulations prescribed from time to time by any
Federal, State. or local authorities having jurisdiction. Lessor shall, at the request of Lessee, repair or replace
all electric lamps, tubes, light bulbs, glass windows or fixtures in the Demises Premises, as may be necessary
from time to time, and Lessee shall pay the cost thereof to Lessor upon demand as Additional Rent.
(B) Leesee'aAcldltionalCovanilPt~, Lesseeshallfeithfollyobserveand parformeilofthe
covenants and conditions to be performed and observed by Lessee hereunder end, in addition to those
covenants and conditions which are set forth elsewhere herein, Lessee agrees (l) to secure and maintain in
effect any governmantel approvals, licanses and permits es may be required for Lessse's use and occupancy
of the Demised Premises; and (11) to comply with all applicable laws, codes and regulations of govemmantal
authorities applicable to Lessoe's use and occupancy of the Demised Premises and all rules and regulations
of insurers of the Demised Premises and the National Board of Fire Underwriters as they apply to Lessee's
use and occupancy of the Demised Premises.
(C) Lessor agrees, at it expense, to keep the foundations, utility lines from the point of
connection for Lessee, exterior walls, structural systems of the Building and the heating, ventilating and air
conditioning systems servicing the Building in good condition and repair. Lessor shall not be liable to Lessee
5
for any damege= ;aused by the items mentioned in the previous sentence being out of repair unless Le?ssor
has had areas<-- ~ble opportunity to have the same repaired after Lessee has notified Lessor, in wdting, of
the need for su~- .'epair.
Article 15. ~rvices
during ordinary,
except Sundays
as needed base
the mannef an~
rubbish from off
Extraordinary ar
water and sewer
machines durin9
I ~. Lessor will keep the Building in operation for the uce of tanents
$iness hours (i.e. 8 A.M. to 6 P.M. on business days, and 8 A.M. to 1 P.M. on Saturdays),
t legal holidays, Including passenger elevators, and will fumtsh heating and air conditioning
}n climate and conditions. Lessor will also cause the Demised Premises to be cleaned in
the extent that the other offices in the Building are cleaned, and will remove mfuss and
: and trash receptacles and wastepaper baskets aa it aCcumulates on a daily basis.
~nts of trash or refuse will be removed as reduired at Lassse's expense. Lessor will furnish
nd a reasonable amount of electricity for lighting and operating customary Small business
dinary business hours. Electricity for other equipment of or for the uss of Lessee, including,
without limitatic, lain frame computare and special heating or air conditioning equipment, shall be provided,
if available, at La. 'ee's expense as Additional Rent, and if such additional electricity is provided, Lessor shall,
at Leseae's sole c~st and expense, install SUhmetars to measure the amount of additional electricity provided,
together with ris~ ~- and other necessary installations, and the cost of such equipment and the installation
thereof and all c ,er costa associated with providing such additional service, as well as the cost of the
additional electrl / so provided, shall be paid by Leases and collectible as Additional Rent hereunder. In
addition, if Lease 'h all request and Lessor shall approve the installation of special air conditioning equipment,
Leesee shall pay ~s Addiflonel Rent, the cost of edditidnelwatar used in connaotion with the amount of watar
used. Lessee sh r ~ keep all windows and doors of the Demised Premises closed when required to maximize
the efficiency of t~- ~ heating and air conditioning systems. Lessee shall comply ~ all reasonable rules and
regulations from ;e to time promulgated by Lessor to conserve fuel and/or energy.
~ ' ~. In case of accidents, strikes, inability to obtain supplies,
breakdowns, rep~ ~, renewals or improvements to the Building, or replacement of machinery therein, or for
other cause pert~ mg to the Building deemed sufficient by Landlord, the operation of any of the elevators or
other machinery ' apparatus, and/or the fumishieg of any services, may be changed or temporarily
suspended by Le ~or, and Lessor shall not be responsible or liable in any way for any failure, interruption or
Jnadequacy in th- quantity or quality of the aforesaid services where caused by war, civil commotion,
governmental re,...ctions, prohibitions or other regulations, strikes, labor disturt}ences, inability to obtain
adequate supplie' ~r matedala, casualties, repairs, replacements, elevator conversion or other cause or
causes beyond Le
time and from fir.
provide as set fo~
Demised Premis~
or any other syst
.sot's reasonable oontml, whather similar or dissimilar to the foregoing. Lessor may at any
to time discontinue any service except those which Lessor has specifically agreed to
above. Lessee will give Lessor prompt written notice of any accident in, on or about the
and any breakage or defects in the plumbing or heating or cooling apparatus, the elevators
, or apparatus serving the Demised Premises.
Article 16. E fault
Lessee, as and ~
Lessor may, after
moneys or after
Lessee, if such d-
and take poese~.
judicial procasdir..
may deem proper
of doing so, upon
or thereafter bec~
which event. Not
)uld Lessee default In the payment of any rent or other moneys hereunder to be paid by
-~n the same become due, or should Lessee violate any other covenant of this Lease,
~een (15) days written notice to Lessee for any such default in the payment of rent or other
ty (30) days written notice to Lessee for any such violation of any other covenant by
:ult or other violation shall not have been corrected or cured dudng such period, re-enter
~n of the demised premises and terminate Leesse's lasssl~old interest by appropriate
. and relat the same or any part thereof on such terms, oondibona and rentals as Lessor
~nd apply the proceeds that may be collected from any such relatUng, lass the expense
~ rent to be paid by Lessee and hold Lessee responsible for any balance that may be due
~ due under this Lease, or Lessor may, at its option, terminate and cancel this Lease in
s given pursuant to this paragraph shall specify the nature of the default and the provision
6
of the Lease relied upon by the Lessor.
Article 17. Inabilitv to Deliver Posssssioq
This Lease is subject to any existing lease or tenancy of the Premises, and Lessor shall not
under any circumstances be liable for its inability to deliver possession of the Premises to Lessee at any time
either at or after the beginning of the term hereof by reason of the retention of the Premises or any part thereof
by any other person, The term hereof shall not be affected by Lessor's inability to deliver possession et the
beginning of the term, but rent shall abate until such time as the Premises are thereafter available for Lessee,
Article 18. Subordination
This Lease shall be subject and subordinate to the lien of any mortgages and other
encumbrances now existing or herealter creatsd on or against the Building, without the neCeSsity of any
further instrument or act on the part of Lessee, but Lessee agrees upon demand of Lessor to execute,
acknowledge and deliver such instruments as shall be desired by any mortgagee or proposed mortgagee or
by any person holding or about to acquire a ground rent or other encumbrance, to confirm the subordination
herein set forth.
Article
In the event that the Building or any pert hereof is taken or condemned for a public or quasi-
public use, this Lease shall terminate if and when possession of the Premises is surrendered to the
condemnor, and the rent reserved hereunder shall abate for the balance of the term. If only part of the
Premises is surrendered to the condemnor, this Lease shall terminate and rent shall abate in proportion to
the Floor Area within the Premises taken by the condemnor. In any such event, Lessee waives all claims for
leasehold damages against Lessor and assigns to Lessor all claims for leasehold damages, if any, against
the condemnor.
Article 20. Umitstldn on Lsssor's Li~bility
The Lessor named in the first paragraph of this Lease and any subsequent owner of the
Building shall be liable only for obligations accruing during the period of its ownership or interest in the
Building, and the liability of any such Lessor and all of its officers, directors, employees, aganta and/or
partners, as the case may be, shall be limited to such Lassm's estate or other title to or interest in the Building.
Article 21. Parties Bourl~
This Lease shall be binding upon, and shall inure to the benefit of, the parties hereto, their
respective personal repreasntativee, successors and assigns, subject to the provisions of this Lease restricting
assignment without consent. Notwithstanding the foregoing or anything else herein contained, in the event
that Lassor's interest or estate in tire Premises shall terminate by oberetion of law or foreclosure sale or for
any other reason, or if for any reason Lessor ceases to be entiited to the rentals hereunder, then in any such
event Lessor sha# be relea*red and relieved from all liability and raslxmsibility thereafter accruing to Lessee
in connection with any of'the terms, covenants or conditions to be performed by Lessor under this Lease or
by operation of law, and Lessee shall look only to the purchaser or other successor or assignee of Lessor for
such performance.
Any notices required or permitted to be given hereunder by either party to the other shall be
in writing and delivered personally or sent by United States registered or certified mail, postage prepaid,
addressed as follows: if to Lessor,
7
c/c Crown Properties
400 Garden City Plaza
Garden City, New York 11530
with acopy to:
Stuart J. Stein, P.C.
400 Garden City Plaza, Suite 507
Garden City, New York 22530
and if to Lessee, at:
City Manager
City of Roanoke
364 Municipal Building
215 Chumh Avenue, S.W.
Roanoke, Virginia 24011
Either party may at any time change the address for such notices by delivering or mailing to the other party,
as aforesaid, a notice advising of the change and seffing forth the new address, if the term "Lessee" as used
in this Lease refers to more than one person or entity, any notice, consent, approval, request, communication
bill, demand or statement given as aforesaid to any one of such parsons shall be deemed to have been duly
given to Lessee.
Article 24.
INTENTIONALLY OMI'I'I'I~)
Number and Gender
For the purposes of this Lease, the singular shall include the plural and the plural shall include
the singular, and the masculine shall include the feminine and the neuter and the neuter shall inciude the
masculine and the feminine, as the context may require.
Article 25. Captions
The captions contained hamin are for the convenience of the parties only. They do not in any
way modify, amplify, alter or give full notice of the provisions hereof.
Article 26. Amendments
This Lease may be modified or amended only by an instrument in writing signed by the party
against which enfomemsnt of such modification or amendment is soughL
If any clause or provision of this Lease, or the application thereof to any person or in any
c~rcuroatance, shall to any extent be invalid or unenforceable, the remainder of this Leese, or the application
of such clause or provision to persons or in circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each clause and provision of this Leeea shall be valid and
enforceable to the fullest extend permitted by law.
Art.s 28. Leesee'~, Estoe~el Certificate
Lessee shall deliver to Lessor, within twenty-one (21) days after raquest therefor, a certitlcate
to such person as Lessor may designate, certifying that this Lease is unamended and in full force and effect
and that there are no defaults by Lessor or set-offs against rent hereunder, and the date to which rent has
been paid; provided, that in the event this Lease has been amended or if there ere any alleged defaults or eat-
offs as aforesaid, such certificate shall specify in precise detail the nature thereof. Lessee acknowledges that
the prompt availability of this cartiflcete to Lessor is of importance to Lessor in connection with proposed re-
8
financing or sale of the Building. Accordingly Lessee agrees that if it does not deliver the certificate Within said
twenty-one (21) days, it shall pay to Lessor, as and for additional rant, to reimburse it for its possible Foss, the
sum. of $250.00 per day.
A~cle 29. Holdina Over
If Lessee shall fail to surrender possession of the Premises and remove all of its property
therefrom upon termination of this Lease, then Lessor may at its option treat Lessee as a tenant from month
to month on all the terms and conditions in effect dudng the final month of the lease term, except that the
minimum monthly rant dudng any such holdover pedod shall be 150% of the rant payable by Lessee dudng
the final month of the lease term. For purposes of this clause, the word 'rent' shall include minimum rent,
pemantege rent and all additional rant, including, without limitation, any amounts payable under applicable
escalation clauses; Jf escalation clauses involve annualized calculations, a pro rata portion of rent escalation
charges for the last year of the lease term shall be considered an item of additional rant payable during the
last month of the lease term. '
Article 30. Entire Aarsemenf;
This Lease constitutes the entire agreement between the parties hereto. Except as set forth
herein, there are no promises, representations or understandings between the parties of any kind or nature
whatsoever.
Article 31. ~
Lessor rasarvas the right to make any alterations, modifications, changes or additions to lt~e
Building and common areas it deems necessary or appropriate; to change the identity and type of stores and
tenancies and the dimensions thereof, to change the name of the Building in which the Premises are located;
to change the address or designation of the Building In which the Pramisas ara located; to convert common
areas into leasable areas (including installation of kiosks) or cenei]'uot temporary or permanent Buildings or
improvements in the common areas and change the location or character of or make alterations in or
additions to the common areas; orovided however, that no such changes will interfere with the location of, or
access to, the Premises herein demised.
A~cfa 32. Broker~
Lessee rapreeents and warrants to Lessor that Lessee has dealt with no broker or other real
estate agent so as to entitle such agent to a commission or fee with respect to this Lease or other than
ROBERT COPTY REAL ESTATE (the 'Broker"). The Broker's fee shall be paid by Lessor, but if Lassee's
rapresantetton and warranty herein shall prove false or incorrect, Lessee will indemnify and hold Lessor
harmless from any and all claims for faee and commissions to any entity other than the Broker and for all
costs, including attorney's fees, arising in connection therewith.
Article 33. Liens
Lessee agrees promptly to pay for any work done or materials fumishad by or on behalf of
Lessee in, on or about the Premises or any part of the Building and will not permit or suffer any lien to attach
to the Premises or all or any part of the Building, and Lessee shall have no authority or power, express or
implied, to create or cause any lien, charge or ancombrance of any kind to be filed against the Premises or
all or any part of the Building. In any event any lien shall at any time be filed against the Premises or against
any part of the Building by reason of work, labor, sewices or materials allaged to have been performed or
furnished by, for or to Lessee or to anyone holding the Premises through or under Lessee, Lessee shall
forthwith cause the same to be discharged of record or bonded to the satisfaction of Lessor. If Lessee shall
fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then,
in addition to any other right or remedy of Lessor, Le~__~.~_r may discharge the same by paying the amount
9
claimed to be due, and the amount so paid by Lessor and ail costs and expenses, including reesot,,able
attorney's fees incurred by Lessor in procuring the discharge of such lien, shall be due and payable by Lessee
to Lessor as additional rent on the first day of the next following too.nth.
IN WITNESS WHEREOF, the payee hereto have executed this Lease, under seal, the day
and year first above written.
SCHEDULES A3'TACHED:
Dsscdption of Premises (Floor Plan)
Rental Schedule
Lessee's Work
Rules and Regulations
Exhibit A
Exhibit B
Exhibit C
Exhibit D
LESSOR:
CROWN ROANOKE, LLC
By: Crown/.Rd3ane/.~Menager, Inc.
Appropriation and Funds
Required for this Contract
CiTY CLERK
)~.~JROVED AS TO. FORM:
10
~oo~
EXHIBIT A TO LEASE BETWEEN CROWN ROANOKE, LLC
- ~ AND CITY OF ROANOKE, VIRGINIA
111 FRANKI.JN PLAZA. 2ND FLOOR
EXHIBIT B TO LEASE BETWEEN CROWN ROANOKE, LLC AND
CITY OF ROANOKE, VIRGINIA
RENTAL SCHEDULE
LEASE YEAR
First Leaae Year
Second Leaae Year
Third Leaae Year
Fourth Lease Year
Fifth Leaae Year
RENT PER S.F. ANNUAL RENT MONTHLY RENT
$16.75 $57,595.38 $4,807.95
$17.25 $59,417.63 $4,951.47
$17.77 $81,208.77 $51100.73
$18.30 $63,034.35 $5,252.86
$18.85 $64,928.83 $5,410.74
02/25/00 FR__~_13:18 F&~ $40 344
112"-'S, O0 FlOr 11:41 F.t3~ ;40 344 4J~
A~i~-HIBIT--c CROWN ROANOKE,
TO
LEASE
BETWEEN
D CITY OF ROANOKE, VIRGINIA
,
QlqqCl QP ECQNQMIC olv.
£xhtbtc "C" .a, lao ~.ncorporaces, the ~comptece butldouc sho~n on ~xhtb~c "A"
· CHEME I: ~
EXHIBIT D TO LEASE BETWEEN CROWN ROANOKE, LLC
AND THE CITY OF ROANOKE, VIRGINIA
RULES AND REGULATIONS FOR 111 FRANKLIN PLAZA, ROANOKE, VA
1. Sidewalks, doorways, vestibules, halls, stairways and similar areas shall nOt be
obstructed by Tenants or their officers, agents, servants, and employees, or used
for any purpose other than ingress and egress to and from the Premises and for
going from one part of the Building to another part of the Building.
2. Plumbing fixtures and appliances shall be used only for the purposes for which
constructed, and no sweepings, rubbish, rags or other unsuitable matedal shall be
thrown or placed therein. The cost of repairing any stoppage or damage resulting
to any such fixtures or appliances from misuse on the part of a Landlord or such
Landlord's officers, agents, servants and employees shall be paid by such Landlord.
Tenant shall not paint, display, inscribe, maintain, or affix any sign, picture,
advertisement, notice, lettering or direction on any part of the outside of the
Premises which can be seen on the outside of the Premises except on hallway
doors of the Premises, and then only Building Standard graphics approved by
Landlord. Landlord reserves the right, after reasonable notice to Tenant, to remove
at Tenant's expense all matter, which violates this rule.
Directories will be placed by Landlord at Landlord's own expense, in conspicuous
places in the Building. No other directories shall be permitted.
The Premises shall not be used for conducting any barter, trade, or exchange of
goods or sale through promotional give-away gimmicks or any business involving
the sale of second-hand goods, insurance salvage stock, or fare sale stock, and
shall not be used for any auction or pawnshop business, any fire sale, bankruptcy
sale, going-out-of-business sale, moving sale, bulk sale, or any other business
which, because of merchandising methods or otherwise, would tend to lower the
first-cless character of the Building.
Tenants shall not do anything, or permit anything to be done, in or about the
Building, or bring or keep anything therein, that will in any way increase the.
possibility of fire or other casualty or obstruct or interfere with the dghts of, or
othenvise injure or annoy, other tenants, or do anything in conflict with valid
pertinent laws, rules or regulations of any governmental authority.
Tenants shall not place a load upon any floor of the Premises, which exceeds the
floor load per square foot, which such floor was designed to cam/or which is
allowed by applicable building code.
10,
11.
12.
13.
14.
15.
16.
17.
18.
Landlord shall have the power to prescribe the weight and position of safes or other
heavy equipment, which may over-stress any portion of the floor. All damage done
to the Building by the improper placing of heavy items, which over-stress the floor,
will be repaired at the sole expense of the Tenant.
A Tenant shall notify the Building Manager when safes or other equipment are to
be taken into or out of the Building. Moving of such items shall be done under the
supervision of the Building Manager, after receiving wriffen permission from him.
Corridor doors, when not in use, shall be kept closed.
All deliveries must be made via the service entrance and service elevators during
normal business hours. Prior approval must be obtained from Landlord for any
deliveries that must be received after normal business hours.
Each Tenant shall cooperate with Building employees in keeping the premises neat
and clean and operating efficiently.
Nothing shall be swept or thrown into the corridors, halls, elevator shafts or
stairways. No birds, animals or reptiles, or any other creatures, shall be brought into
or kept in or about the building without the prior written consent of the Landlord
which may be withheld for any reason.
Should a Tenant require telegraphic, telephonic, annunciator or any other
communication service, Land lord will direct the electricians and installers where and
how the wires are to be introduced and placed and none shall be introduced or
placed except as Landlord shall direct.
Tenants shall not make or permit any improper noises in the building, or otherwise
interfere in any way with other Tenants, or persons having business with them.
No equipment of any kind shall be operated on the premises that could in any way
annoy any other Tenant in the building without written consent of Landlord.
Business machines and mechanical equipment belonging to any Tenant which
cause noise end/or vibration that may be transmitted to the structure of the building
or to any leased space so as to be objectionable to Landlord or any other tenants
in the building shall be placed and maintained by such Tenants, at such Tenant's
expense, in settings of cork, rubber, or spdng type noise and/or vibration eliminators
sufficient to eliminate vibration and/or noise.
Tenants shall not use or keep in the building any inflammable, or explosive fluid or
substance, or any illuminating material, unless it is battery powered, UL approved.
19.
20.
21.
22.
23.
24.
Tenants, employees or agents, or anyone else who desires to enter the Building
after normal business hours, may be required to sign in upon entry end sign out
upon leaving, giving the Iocat'on dunng such person s stay and such person's time
or arrival and departure.
Landlord has the dght to evacuate the Building in event of emergency or
catastrophe.
If any governmental license or permit shall be required for the proper and lawful
conduct of a Tenant's business, such Tenant, before occupying the premises, shall
procure and maintain such I!cense or permit and submit it for Landlord's inspection,
and shall at all times comply with the terms of any such license or permit.
Landlord shall have the dght, exercisable on 60 days written notice to Tenant and
without liability to any Tenant, to change the name and street address of the
building.
Landlord reserves the right to rescind any of these rules and make such other: and
further rules and regulations which shall be necessary, in the reasonable judgment
of Landlord for the proper maintenance, safety and operation of the building, the
operation thereof, the preservation of good order therein, and the protection and
comfort of its Tenants, their agents, employees and invitees, which rules when
made and notice thereof given to a Tenant shall be binding upon him in like manner
as if originally herein prescribed. In the event ofanyconflict, inconsistency, or other
difference between the terms and provisions of these Rules and Regulations, as
now or hereafter in effect and the terms and previsions of any lease now or
hereafter in effect between Landlord and Tenant in the Building. Landlord shall
have the right to rely on the term or provision in either such lease or such Rules and
Regulations which is most restrictive on such Tenant and most favorable to
Landlord.
Tenant shall not maintain or operate, nor permit any other party to maintain or
operate any vending machines for the sale of fond, beverages, or other sundry
items on the Premises without the prior written consent of Landlord.
END OF RULES AND REGULATIQNR
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made as of the
__ day of 2005, between CROWN ROANOKE, LLC, having an office at c/o
Crown Properties, Inc., 400 Garden City Plaza, Suite 111, Garden City, New York 11530
("Landlord"), and CITY OF ROANOKE, a Virginia municipal corporation having an office at
111 Franklin Plaza, Roanoke, Virginia 24011 ("Tenant").
WITNESSETH:
WHEREAS, by Lease (the "Lease") dated as March 20, 2000, Landlord, as landlord, did
demise and let unto Tenant, as tenant, and Tenant did hire and take certain premises containing
approximately 3,444.50 rentable square feet located on the second (2ha) floor (the "Premises") in
the building commonly known as 111 Franklin Road, Roanoke, Virginia (the "Building") as
more particularly described in the Lease;
WHEREAS, the parties desire by this Amendment to extend the term of the Lease and to
modify the Lease as hereinafter set forth; and
WHEREAS, the Lease, together with all amendments and modifications thereto is
hereinafter referred to as the "Lease".
NOW, THEREFORE, for good and valuable consideration, the mutual receipt and legal
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Defined Termsl Recitals. All terms used herein and not otherwise defined shall
have the meanings ascribed to them in the Lease. The recitals set forth hereinabove are
expressly incorporated into the body of this Amendment by reference.
2. Effective Date. The effective date of this Amendment shall be June 1, 2005 (the
"Effective Date").
3. Term; Expiration Date. The parties agree and acknowledge that the term of the
Lease, which is presently scheduled to expire on May 31, 2005, is extended for a period of five
(5) years commencing on the Effective Date and expiring on May 31, 2010, unless sooner
terminated as set forth in the Lease (the "Expiration Date").
4. Rent.
(A) Commencing on the Effective Date and continuing each Lease Year (as
hereinafter defined) through and including the Expiration Date, the rent for the Premises shall be
payable by Tenant to Landlord on the first day of each month in accordance with the terms and
conditions of the Lease as follows:
Lease Year Rate/r.s.f. Annual Rent Monthly Rent
1 $16.00 $55,112.00 $4,592.66
2 $16.25 $55,973.12 $4,664.42
3 $16.50 $56,834.25 $4,736.18
4 $16.75 $57,695.37 $4,807.94
5 $17.00 $58,556.50 $4,879.70
(B) "Lease Year" shall mean a period of twelve (12) consecutive calendar
months. The first full Lease Year shall commence on the Effective Date, and each succeeding
Lease Year shall commence on the anniversary date of the first Lease Year. Any portion of a
Lease Year, which is less than a full Lease Year, shall be a partial Lease Year.
5. Condition of Premises. Tenant acknowledges that neither Landlord nor
Landlord's agent has made any representations or promises with regard to the Premises for the
term herein demised. Tenant acknowledges that it is in possession of the Premises and agrees to
accept same in its "AS IS" condition as of the date hereof and that Landlord shall not be
obligated to make any repairs, alterations, improvements or additions to the Premises for
Tenant's occupancy whatsoever.
6. Notices. As of the Effective Date, Article 22 of the Lease is modified to provide
that copies of notices to Landlord shall be sent to Platte, Klarsfeld, Levine & Lachtman, LLP, 10
East 40th Street, 46th Floor, New York, New York 10016, Attention: David R. Lachtman, Esq.
7. Broker. Tenant acknowledges that Copty & Company (the "Broker") acted as
the broker in connection with this Agreement. Tenant represents and warrants that it has dealt
with no broker, finder or like agent in connection with this Agreement other than Broker and, to
the extent permitted by law, Tenant does hereby agree to indemnify and hold Landlord harmless
of and from any and ail loss, costs, damage or expense (including, without limitation, attorneys'
fees and disbursements) incurred by Landlord by reason of any claim of, or liability to, any
broker, finder or like agent (except for Broker) who shall claim to have deait with Tenant in
connection with this Agreement.
8. Effect of Amendment. As modified and amended by this Amendment, all of the
terms, covenants and conditions of the Lease are hereby ratified and confirmed and shall
continue to be and remain in full force and effect throughout the remainder of the term thereof
and Landlord has satisfied all of its obligations under the Lease as of the date hereof.
[The remainder of this page is left intentionally blank. Signature page to follow.]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the day and year first above written.
Landlord
CROWN ROANOKE LLC
By:
Crown Roanoke Manager, Inc.,
Its sole Managing member
By:
Name: Davar Rad
Title: President
Tenant
CITY OF ROANOKE, VIRGINIA
By:
Name:
Title:
or[or o_.. or
Offl¢~ o[ th~ C~t¥ Clerk
Mary F. Parker, CMC
City Clerk
April 6, 2005
File #60-70
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37011-040405 transferring $489,740.00 for
the Fire/EMS Facility Improvement Program, and amending and reordaining certain
sections of the 2004-2005 Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead,Jr., Assistant City Manager for Operations
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Chief, Fire-EMS
Philip C. Schirmer, City Engineer
KSAGENDA CORRESPONDENCE~agenda correspondence 05~,pr 05V~pr 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of April, 2005.
No. 37011-040405.
AN ORDINANCE to appropriate funding for the Fire/EMS Facility Improvement
Program, amending and reordaining certain sections of the 2004-2005 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2004-2005 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue 008-530~9678-9003 $ 489,740
Appropriated from General Revenue 008-056-9620-9003 (489,740)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 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: Fire/EMS Facility Improvement
Prog ram
During its Council presentations of January 3, 2005 and February 7, 2005,
Fire-EMS administration requested minimum additional resources of
$489,740.00 for the proposed Fire Station/Fire Administration Building to be
located at 704 Franklin Road. Prior to this request, approximately
$865,000.00 of cuts had been made to the design in an effort to bring the
project within budget. Additional funding is necessary due to unanticipated
site issues, site impacts to the proposed building design, and for Council
requested upgrades to the design. The additional funds will bring the
available funds in line with the consultants' estimated base bid costs.
I recommend that we proceed with the Fire Station/Fire Administration
Building project as currently designed. We are able to meet the increased
funding requirements of $489,740.00 by borrowing from the Roanoke River
Flood Reduction Project account and repaying from excess EMS Fee Revenues
over three years.
Honorable Mayor and Members of Council
April 4, 2005
Page 2
Recommended Action:
Transfer $489,740.00 to account number 008-530-9678-9003, Fire/EMS
Facility Improvement Program. These funds are to be reimbursed to the
Roanoke River Flood Reduction account.
~~Respectfull~ su itted,
Darlene L. B cham
City Manag~
DLB/BDL:dps
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
#CM05-00035
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
April 6, 2005
File #28-166-414
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37012-040405 authorizing execution of a
deed of easement granting to the Roanoke Higher Education Authority a temporary
construction easement across City property designated as Official Tax No. 2013001,
located near the intersection of Wells Avenue and First Street, N. W., to be used as a
construction staging and storage area and for placement of an office trailer, in
connection with the Roanoke Higher Education Authority's renovation of structures
on adjacent property located at 109 First Street, N. W., for a term commencing
April 4, 2005 and ending June 30, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon,
Deputy City Clerk
SMM:ew
Attachment
KSAGENDA CORRESPONDENCE~genda correspondence 05V~or 05V~,pr 4 2005 correspondence.doc
Darlene L. Burcham
April 6, 2005
Page 2
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Philip C. $chirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
K:~AGENDA CORRESPONDENCE~agenda correspondence 05V~or 05V~or 4 2005 con'espondence.doc
IN THE COUNCIL OF THE C/TY OF ROANOKE, VIRGINIA,
The 4th day of April, 2005.
No. 37012-040605.
AN ORDINANCE authorizing the execution of a deed of easement granting to the Roanoke
Higher Education Authority a temporary construction easement across City property to be used as a
construction staging and storage area and for the placement of an office trailer; upon certain terms
and conditions; and dispensing with the second reading of this ordinance by title.
WHEREAS, the Roanoke Higher Education Authority intends to renovate property located at
109 First Street SW, and desires to use certain City property as a construction staging area in
connection with such renovation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia as
follows:
1. The City Manager is hereby authorized to execute the necessary documents, in such
form as approved by the City Attorney, granting a temporary construction easement to the Roanoke
Higher Education Authority across the entirety of City property designated as Roanoke Tax Map
No. 2013001 located near the intersection of Wells Avenue, N.W. and First Street, N.W., to be
used as a construction staging and storage area and for the placement of a construction office trailer
in connection with the Roanoke Higher Education Authority's renovation of structures on adjacent
property located at 109 First Street, N.W., for a term to commence on April 4, 2005, and expire on
June 30, 2006; all as more particularly stated in the City Manager's letter to Council dated April 4,
2005.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virg/nia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 4, 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:
Request of Roanoke Higher Education
Authority for Temporary Construction
Easement on City Owned Property
The Roanoke Higher Education Authority has requested a temporary construction easement on city-
owned property identified by Tax Map No. 2013001 to support the construction of the culinary
institute. Said easement will expire no later than June 30, 2006. The Roanoke Higher Education
Authority shall require its contractors to indemnify and hold harmless the city from any liability in
connection with the easement, and provide proof of insurance acceptable to the City's Risk
Manager. See Attachment #1 for map of parcel.
Recommended Action(s):
Authorize the City Manager to execute the appropriate documents granting the easement as
described above to the Roanoke Higher Education Authority, approved as to form by the City
Attorney. As we are granting the easement to a governmental agency, by law a public hearing is
not required.
DLB/SEF
Respectfully submitted,
City Manage~f
Attachment(s):
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
#CM05-00041
Attachment #1
STATEMENT OF CONFLICT OF INTEREST
I, Brian J. Wishneff, state that I have a personal interest in the Roanoke Higher
Education Center's Culinary Arts School Project. Therefore, pursuant to Virginia Code
Section 2.2-3112(A)(2), I must refrain from participation in this matter. I ask that the
City Clerk accept this statement and ask that it be made a part of the minutes of this
meeting, and be retained for five years, as required by Section 2.2-3115, Code of
Virginia.
Witness the following signature made this 4th day of April 2005.
( / (seai)
Brian J. WishXtm~
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
April 6, 2005
File #178-455
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37013-040405 authorizing waiver of the
City's sovereign immunity in connection with the City's use of Valley View Mall for a
Fair Housing Expo on April 16, 2005, and authorizing execution of an agreement in
connection with use of Valley View Mall.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, April 4, 2005, and is in full force and
effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
W. Dan Webb, Acting Director, Neighborhood and Housing Services
K:~AGENDA CORRESPONDENCE~agenda correspondence 05~pr 05V~pr 4 2005 correspondence.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of Apr'il.~ 2005.
No. 37013-040405.
A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with
the City's use of Valley View Mall for a Fair Housing Expo, and authorizing execution of an
agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in
connection with such use of Valley View Mall.
BE IT RESOLVED by the Council of the City of Roan°kc as follows:
I. This Council hereby waives its sovereign immunity with regard to the City's use of Valley
View Mall on April 16, 2005, in connection with the Fair Housing Expo activities.
2. The City Manager is hereby authorized to execute for and on behalf of the City, upon
form approved by the City Attorney, an Agreement, a copy of which is attached to the City
Attorney's letter to Council of April 4, 2005, relating to the City's use of Valley View Mall, on April
16, 2005, for a Fair Housing Expo.
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: 540 853 243 I
FAX: 540-853-1221
EMAIL: cit yatty @ ti.roanoke.va u s
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
April 4, 2005
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Agreement with CBL & Associates Management, Inc.
Dear Mayor Harris and Members of Council:
The City is planning to sponsor a Fair Housing Expo at Valley View Mall on April 16,
2005. The new owners of the mall, CBL & Associates Management, Inc., require that the City
execute the attached agreement in order to use the mall. This agreement contains a provision,
Paragraph 15, which requires that the City agree to indemnify and hold harmless CBL, and to
defend it, in the event that anyone is injured or anything is damaged during the City's use of the
premises. Only City Council can waive the City's sovereign immnnity and agree to such a
provision. CBL has refused to delete this provision.
i have prepared for your consideration the attached resolution which authorizes waiving
the City's sovereign immunity, and authorizing the City Manager to execute this agreement.
With kindest personal regards, I am
Sincerely yours,
TRS/lsc
Attachments
c: Darlene L. Burcham, City Manager
JESSE A. HALL
Director of Finance
CITY OF ROANOKE
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
April 4, 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: February Financial Report
The following narrative provides commentary on the significant trends and budget variances of the first
eight months of fiscal year 2005.
Revenues
Revenues through February FY05 increased 2.88% compared to FY04. Categories with significant
variances from the prior year are discussed as follows.
General Property Taxes increased 1.12% on a year-to-date basis in fiscal year 2005. The real estate tax
is slightly lower through February year-to-date of fiscal year 05 than fiscal year 04. This is caused by
timing differences in the receipt of real estate taxes handled by escrow companies for the second
installment of the tax which is due April 5'~. The tax is budgeted to grow 7.4% as a whole in FY05, and
it is expected to meet this growth level. Delinquent real estate revenues have grown in FY05 due to
continued collection efforts.
Other Local Taxes have risen .34% in fiscal year 2005 through February. This small level of growth is
due to a decline in Business, Professional and Occupational License (BPOL) revenues which is offset by
growth in other local taxes. The BPOL tax is due March 1". Through February FY05, less of this revenue
was processed by the City than in the prior year. Updated as of late March, revenue in FY05 was at 99%
of the estimate, and it is expected to meet the target for the year which calls for growth of 1% over
FY04. Increased local taxes include the E-911 tax, which grew as the result of an increase in the rate
from $1.45 to $2.00 which became effective November 1, 2003. The sales tax is up 1.1% compared to
prior year when both years are adjusted to exclude non-recurring collections of prior period sales taxes.
The cellular phone utility tax has increased in the current year, in part due to collections of prior year
unpaid amounts in the amount of $68,000. The prepared food and beverage tax has increased 4.4%
since FY04, while the transient room tax has declined .1%.
Permits, Fees and Licenses increased 17.17% 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, as these fees are being charged to the Water Authority
whereas they were not charged when Water and Sewer Funds were components of the City. Some of
Honorable Mayor and Members of Council
April 4, 2005
Page 2
this growth is also attributable to Security and Fire Alarm Registration fees which were implemented
approximately one year ago.
Grants-in-Aid Commonwealth increased 7.25% 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 Constitutional offices
increased 4% in the current year as compared to last year. 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. Conversely, the ABC tax has declined compared to the prior year, again 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 76.66% in the current year due to an increase in donations, flood
insurance proceeds, and other nonrecurring revenues.
Internal Services increased 25.12% 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. Offsetting these increases are decreased
internal charges in FY05 which resulted from the formation of the Western Virginia Water Authority.
Expenditures
The FY05 expenditure budget includes funding of nearly $!.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 1.14%. 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 6.39% in FY05. Billings and Collections expenditures
declined when the department's utility billing functions were transferred to the Water Authority July !,
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 10.91% 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
increased from FY04 to FYOS, mainly as a result of increased expenditures for foster care, special needs
adoption and daycare services.
The Transfer to School Fund increased as budgeted and is also ~mpacted by the aforementioned change
in accounting from FY04 to FY05 related to School CSA costs.
Honorable Mayor and Members of Council
April 4, 2005
Page 3
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 23.87% due to 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
Year to Date for the Period
Revenue Source July 1. February 29 July 1 - February 29
2003-2004 2004-2005
General Properly Taxes $ 31,804,903 $ 32,162,293
Other Local Taxes
Permits, Fees and Licenses 33,451,919 33,565,848
Fines and Fon~eitures 664,109 778,166
894,266 926,609
Revenue fi.om Use of Money and Properly 404,113 420,853
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government 24,809,600 26,608,357
Charges for Services 113,552 19,385
Miscellaneous Revenue 5,780,892 5,791,135
Internal Services 215,268 380,300
lr393~791 1~743,974
Total .$ 99~532~413 $ 102~396~920
Current Fiscal Year
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates . Received
112 % -~ 87,491,000 36.76%
0 34 % 62,631,000 5359%
17 17 % 1,112,000 59.98%
362 % 1,321,000 70.14%
4.14 % 735,000 57 26%
7.25 % 47,990,014 55.45%
-82.93 % 34,000 5701%
0,18 % 8,115,000 71.36%
76.66 % 384,484 9891%
25.12 % 2,730~000 6388%
2.88 % _$ 212~543,498 48.18%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Transfer to School Capital
Projects Fund
Nondepar[mental
Total
Year to Date for the Period
July 1. February 29 July 1 - Februa~ 29
2003-2004 2004-2006
$ 7,844,614 7,343,677
4,067,337 4,173,182
34,665,178 35,195,781
15,565,008 15,848,869
18,892,576 20,954,265
5,909,292 5,586,206
4,055,003 3,868,849
13,248,243 13,507,618
32,592,964 35,028,744
1,025,630
8,279t575 6,303~450
146r145~420 147r810~641
Current Fiscal Year
Percent of
Percentage Unencumbered Revised Budget
of Change Balance Appropriations Obligated
-6.39 % $ 4,385,147 $ 11,728,824 62.61%
2.60 % 2,770,462 6,943,644 6010%
1.53 % 17,240,732 52,436,513 67.12%
1.82 % 6,810,054 22,658,923 69.95%
1091% 8,634,772 29,589,037 70.82%
-5,47 % 3,097,627 8,683,833 6433%
-4~59 % 1,900,921 5,769,770 6705%
1,96 % 2,003,052 15,510,570 87.09%
7~47 % 17,296,642 52,325,386 66.94%
0.00%
1.14 % $ 6814011681 . $ 216r212~322 68.36%
CI'FY OF ROANOKE, VIRGINIA
CiViC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2005
Operating Revenues
Rentals
Event Expenses
Display Advertising
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 Income (Loss)
FY 2005
$ 459,578
145,144
108,792
333,676
13,895
63,525
180,376
67,658
46,280
618,452
15,687
2,053,063
1,304,661
1,311,321
309,601
2,925,583
(872,520)
24,858
35,000
122,970
499,483
102,277
(48,409)
(63,753)
5,934
678,360
$ (194,160)
FY2004
$ 548,218
154,318
84,019
282,550
5,700
49,334
280,784
53,760
49,617
777,947
8,395
2,294,642
1,303,353
1,391,746
352,664
3,047,763
(753,121)
11,811
23,453
11,865
117,505
477,565
113,727
260,000
(43,784)
972,142
$ 219,021
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 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
FY 2005
$ 245,426
350,887
35,839
42,975
147,509
400,126
270,891
57,345
69,950
107,908
1,728,856
738,418
381,411
1,119,829
609,027
21,927
FY 2004
$ 271,242
338,182
28,049
38,831
151,115
376,938
292,330
50,642
59,250
93,145
1,699,724
733,106
369,582
1,102,688
597,036
(215,022)
Net Nonoperating Revenues (Expenses) (193,095) 2,689,391
Net Income $ 415,932 $ 3,286,427
12,328
2,845,800
78,000
(246,737)
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 FEBRUARY 28, 2005
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF
FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28, 2005.
ROANOKE, VIRGINIA FOR THE
BALANCE AT BALANCE AT BALANCE AT
FUND JAN 31, 2005 RECEIPTS DISBURSEMENTS FEB 28, 2009 FEB 29~ 2004
GENERAL ($19,696,418.45) $18,719,452.84 $17,261,106.00 ($18,238,071.61) ($19,353,140.39)
WATER 420.00 0.00 0.00 420.00 4,304,975.89
WATER POLLUTION CONTROL 1,738.22 0.00 0.00 1,738.22 26,384,182.93
CIVIC FACILITIES 8,332,687.59 195,548.82 621,933.78 7,906,302.63 1,370,578.07
PARKING 3,229,600.29 189,508.96 150,545.30 3,268,563.95 848,583.59
CAPITAL PROJECTS 60,754,577.78 166,214.46 1,021,668.23 59,899,124.01 48,207,013.01
MARKET BUILDING OPERATIONS (77,849.46) 23,515.66 39,671.37 (94,005.17) 182,037.34
CONFERENCE CENTER 3,985,447.19 58,866.97 7,160.00 4,037,154.16 3,746,642.98
DEBT SERVICE 14,917,240.17 1,878,690.56 23,524.09 16,772,406.64 14,317,968.26
DEPT OF TECHNOLOGY 3,328,497.63 605,725.61 194,844.14 3,739,379.10 4,361,749.00
FLEET MANAGEMENT 423,405.18 147,009.81 192,220.39 378,194.60 843,087.00
PAYROLL (12,712,851.21) 15,989,675.95 16,259,604.76 (12,982,780.02) (12,439,192.23)
RISK MANAGEMENT 11,400,194.61 1,005,823.47 693,363.50 11,712,654.58 12,214,611.83
PENSION 621,993.62 1,720,292.51 1,753,663.92 588,622.21 831,478.08
SCHOOL FUND (1,074,268.36) 4,852,824.81 6,825,128.27 (3,046,571.82) 5,675,196.89
SCHOOL CAPITAL PROJECTS 23,666,354.49 6,993.77 319,753.69 23,353,594.67 6,838,464.38
SCHOOL FOOD SERVICE 96,147.94 169,047.77 396,225.68 (131,029.97) 440,077.30
FDETC 0.00 0.00 0.00 0.00 46,977.18
GRANT 948,657.99 906,786.77 598,718.30 1,256,726.46 896,111.43
TOTAL
$98,145,575.22 $46,635,978.74 $46,359,131.42 $981422,422.54 $99,717,402.54
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 FEBRUARY 28, 2005.
THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
COMMERCIAL PAPER
LOCAL GOVERNMENT INVESTMENT POOL
MONEY MANAGEMENT ACCOUNT
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$7,262.96
2,255,344.81
5,450,000.00
2,722,987.36
1,961,331.42
10,595,867.06
11,498,707.60
24,464,647.43
39,466,274.00
$98,422,422.54
MARCH17,2005
EVELYN ~/. POWERS, TREASURER
4
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2005
Additions:
Employer Contributions
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments
Interest and Dividend Income
Total Investment income (Loss)
Less Investment Expense
Net Investment Income (Loss)
Total Additions (Deductions)
FY 2005
$ 4,172,626
20,348,953
2,059,557
22,408,510
244,086
22,164,424
$ 26,337,O5O
FY 2004
$ 3,165,109
36,102,799
1,509,693
37,612,492
202,569.
37,409,923
$ 40,575,032
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
$ 13,414,033
293,381
13,707,414
12,629,636
$ 11,982,871
268,871.
12,251,742
28,323,290
Fund Balance July 1
Fund Balance February 28
306,925,352
$319,554,988
283,983,057
$312,306,347
5
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
FEBRUARY 28, 2005
Assets
FY 2005
FY 2004
Cash
Investments, at Fair Value
Due from Other Funds
Other Assets
Total Assets
$ 588,573
320,654,938
1,431
6,531
$ 321,251,473
$ 822,558
313,006,826
1,431
6,150
$ 313,836,965
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
$ 1,694,636
1,849
1,696,485
306,925,352
12,629,636
319,554,988
$ 321,251,473
$ 1,530,602
16
1,530,618
283,983,057
28,323,290
312,306,347
$ 313,836,965
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
6
I am Georgia Crump owner of Nuts & Sweet Things which has operated in
the Market Building for 20 years. I have never been treated so badly as I
have by Tim Allison and Suzanne White.
Recently I was told that Advantis was going to rent to another cake shop. !
sent my lease to my lawyer who confirmed that I have exclusive rights in the
building for selling cakes. I called Suzanne White to question the issue and
she was rude and told me off. Soon after Tim Allison approached me at my
place of business. I took the opportunity to ask him about another cake shop
being allowed in the building. He rudely replied that he would do whatever
he wanted. ! offered to let him read my lease, specifically the part that states
that no other cakes of any kind are allowed in the building. He took the
lease and turned to walk away. My husband, Dean asked for the lease. Tim
said no and continued to walk away. Dean followed after him and asked for
the lease again. Tim called Dean a freak and said that he was acting like an
18 year old. Tim also told Dean to hit him several times.
Do you want someone as unprofessional as Tim Allison representing the
City of Roanoke?
We were harassed, provoked and embarrassed at one of the busiest times of
the day by Tim Allison. We have 3 witnesses to this incident and have filed
a police report. We are considering legal action.
Over the past 20 years, I have paid over $275,000 in rent and taxes to the
City of Roanoke. I don't think it is too much to ask to be treated with
dignity and respect.
At the November City Council meeting, I thought the issue of non-compete
was settled. I am very displeased and disappointed to be in front of you
discussing this now.
I know for a fact that other business people who have wanted to rent in the
Market Building have been turned down even though they would not have
competed with existing businesses. One example is a hair salon.
This store is how I have made my living for the last 20 years. I love
operating out of the Market Building and. being in the downtown area. ! feel
that Nuts & Sweet Things adds to the charm and character of the Market
area. I think my customers would agree.
I do not want to be forced to take legal action so I hope we can resolve this
matter soon.
Thank you
ADDENDUM TO SUB-LEASE
T~is Sub-Lease Addendum dated October 9, 2000 will amend the Sub-
Lease between Downtown Associates, a Virginia General Partnership,
Sub-Lessor, and Georgia Raines Crump t/a Nuts n Sweet
Tnings/Lickety Split, Sub-Lessee, the original was made and entered
into on August 7, 1995.
The following is a list of changes to the present Sub-Lease. Ail
other terms and conditions will remain the same.
1. TERM The term of the agreement will be extended for two years
and will now expire September 30, 2002.
2. BASE RENT The Base Rent for this extension shall be the
following:
TERM Annually Monthly
Oct. 1, 2000 through Sept. 30, 2001 $10,834.34 $902.86
Oct. 1, 2001 through Sept. 30, 2002 $11,159.37 $929.95
3. MISCELI~qEOUS The Sub-Lessee shall have the option to renew
this Sub-Lease for a period of five years at a rate to be mutually
determined at the time of renewal by the Sub-Lessor and the Sub-
Lessee.
The Sub-Lessor and Sub-Lessee have each executed this Addendum to
Sub-Lease by their signatures.
SUB-LESSOR
F & W MANAGEMENT, L.C.,
F & W MANAGEMENT CORP.,
Manager
By: Charles C. Nimmo, President
Agent for Downtown Associates
SUB-LESSEE
GEORGIA RAINES CRUMP
t/a NUTS N SWEET THINGS/LICKETY SPLIT
By: Georgia Raines Crump
to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each
provision of this Sub Lease shall be valid and be enforced to the
fullest extent permitted by law.
46. AGENCY DISCLOSURE Unless otherwise disclosed in writing,
all parties acknowledge that F & W Management Corporation is an
Agent of the LANDLORD not the TENANT. F & W Management
Corporation's fiduciary duties of loyalty and faithfulness are owed
t~ the LANDLORD who is their principal. All commissions will be
paid by the LANDLORD and not the TENANT.
47. MISCELLANEOUS ADDITIONAL PROVISIONS:
1. Sub-Lessee shall have first option to renew this Sub-Lease for
a period of five years with terms and conditions to be negotiated
at time of renewal.
2. Sub-Lessee pays, as additional rent, $35.00 pe~ month foi' the
use of storage and refrigerators and/or freezers ix the building.
3. Sub-Lessee has the following exclusives with regard to
products:
Exclusive products in the building: ice cream yogurt, cake
of any kind, pie of any kind, candy (that is displayed individually~
or loose but sold by the pound), and fudge of any kind.~l,'~-~
A restaurant (one with their owl] seating) in the building may
serve a type of cake, pie or ice cream as an accent only, within
their own seating area.
Sub-Lessor will not lease to any Sub-Lessee directly on the
food court that will sell primarily donuts, muffins ,cookies and/or
brownies.