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HomeMy WebLinkAboutCouncil Actions 11-07-05Cut/er 37228-110705 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 7, 2005 9:00 A.M. ROOM 159 AGENDA Call to Order--Roll Call. (Council Members Lea and Wishneff were absent.) A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. Approved (5-0) File #110-132 Items listed on the 2:00 p.m. Council docket requiring discussion/ clarification, and additions/deletions to the 2:00 p.m. agenda. (15 minutes) Topics for discussion by the Mayor and Members of Council. (5 minutes) BRIEFINGS: · Crystal Spring Streetscape 20 minutes · Six-Year Improvement Plan - VDOT 15 minutes · Building Permit Fee Schedule 15 minutes · Branding Update 20 minutes THE LEGISLATIVE COMMI'I-rEE MET AT 12:00 P.M., IN THE COUNCIL'S CONFERENCE ROOM, ROOM 4S 1, NOEL C. TAYLOR MUNICIPAL BUILDING. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 7, 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 Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, November 10, 2005, at 7:00 p.m., and Saturday, November 12, 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 WEDNESDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-fED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMVI-rEE 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 ACKNOWLEDGEMENT?;: A Resolution memorializing the late Jack Ronald "John" Marlles, former Director of the Department of Planning and Community Development. Adopted Resolution No. 37228-110705. (7-0) File #80-200-367 4 3. CONSENT AGENDA C-1 C-2 C-3 C-4 Approved (7-0) ALL MA'I-I'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. Minutes of the regular meeting of Council held on Monday, September 19, 2005. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. Minutes of a meeting of the Audit Committee which was held on Monday, October 3, 2005. RECOMMENDED ACTION: Receive and file. File #300 A communication from John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, advising of the resignation of Mornique E. Smith as a member of the Board of Commissioners. RECOMMENDED ACTION: Accept the resignation and receive File #110-178 and file the communication. Qualification of the following persons: Paul P. Anderson and Brownie E. Polly as members of the Roanoke Civic Center Commission, for terms ending September 30, 2008; R. Brian Townsend as a City of Roanoke representative to Virginia's First Regional Industrial Facility Authority, to fill the unexpired term of Elizabeth Neu, ending June 30, 2006; Jason E. Bingham as a member of the Roanoke City School Board, to fill the unexpired term of Gloria P. Manns, resigned, ending June 30, 2006; and Stuart H. Revercomb as a Director of the Industrial Development Authority, for a term commencing October 21, 2005 and ending October 20, 2009· RECOMMENDED ACTION: Receive and file. File #15-110-178-192-207-467-526 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance of the "Get Alarmed, Virginia!" Grant from the U. S. Centers for Disease Control and Prevention and the Virginia Department of Health; and appropriation of funds· Adopted Budget Ordinance No. 37229-110705 and Resolution No. 37230-110705. (7-0) File #22-60-236 Adoption of a resolution documenting the City's support of additions to VDOT's Six-Year Improvement Program FY 2007- 2012. Adopted Resolution No. 37231-110705. (7-0) File #77 o Amendment of the City Code to include a provision that will allow housing for older persons in accordance with State and Federal law. Adopted Ordinance No. 37232-110705. (7-0) File #24-1 78 Amendment of the Fee Compendium to provide for an adjustment to the Building Inspections Division Permit Fees. Adopted Resolution No. 37233-110705. (7-0) File #32-289 Authorization to permit and to provide oversight of a horse- drawn vehicle service in the downtown area. Adopted Ordinance No. 37234-110705. (7-0) File #169-277 Execution of amendments to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley (Architect) for additional professional services in connection with the Police Building, Phase II Project. Adopted Resolution No. 37235-110705. (7-0) File #5-32-60 b. DIRECTOR OF FINANCE: Financial report for the month of September 2005. Received and filed. File #10 Update on Local Law Enforcement Block Grant. Adopted Budget Ordinance No. 37236-110705. (7-0) File #5-60-236 REPORTS OF COMMI'I-I'EES: NONE. UNFINISHED BUSINESS: Stadium options discussion. Adopted Resolution No. 37237-110705. Members Lea and Wishneff voted no.) File #51-122-467 (5-2, Council 7 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution changing the time of commencement and the place of the regular meeting of City Council scheduled to be held at 2:00 p.m. on Monday, November 21,2005. Adopted Resolution No. 37238-110705. (7-0) File #132 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Lea advised that a community forum on domestic violence will be held on Tuesday, November 29, 2005, at 6:00 p.m., at the Roanoke Civic Center. File #5 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'II'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Chris Craft, 1501 East Gate Avenue, N. E., suggested that Council Members be seated facing the audience at the 9:00 a.m., Council work session on the first Monday of each month. File #132 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. W., spoke with regard to past proclamations issued by the Mayor on building character. File #3 Ms. Helen E. Da.v. is, 35 Patton Avenue, N. W., expressed disappointment wIth regard to a proposal to construct football stadia at Patrick Henry and William Fleming High Schools. File #122-467 Mr. Shaheed Omar, 1219 Loudon Avenue, regard to alleged police brutality. File #5 N. W., spoke with Mr. Dan Bouldin, 2114 Berkley Avenue, S. W., spoke with regard to traffic calming on Grandin Road, S. W. File #20 Mr. Robert E. Gravely, 727 29th Street, N. W., spoke with regard to ethics, morals and the obligations of elected officials to the citizenry of Roanoke. File #132 Mr. Tony C. Hairston, 1263 Tayloe Avenue, S. E., spoke with regard to alleged police brutality. File #5 Mr. Winfred Noell, 2743 Northview Drive, S. W., spoke with regard to the renovation of Victory Stadium which would serve both the athletic needs of students from Patrick Henry and William Fleming High Schools and the overall citizenry of Roanoke. File #122-467 1 2. CITY MANAGER COMMENTS: NONE. CERTIFICATION OF CLOSED SESSION. (7-0) THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON THURSDAY, NOVEMBER 10, 2005, AT 7:00 P.M., AT THE HOTEL ROANOKE AND CONFERENCE CENTER, 110 SHENANDOAH AVENUE, N. E., ROANOKE, VIRGINIA, FOR THE REGIONAL LEGISLATIVE DINNER. Appointed the following persons: Phyllis A. Johnson as a member of the Towing Advisory Board, for a term ending June 30, 2008. File #15-110-543 John W. Elliott, Jr., as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2008. File #15-110-192 Edward W. Barnett as a member of the Roanoke Arts Commission, to fill the unexpired term of Mark C. McConnel, resigned, ending June 30, 2007. File #15-110-230 C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (340) 853-2444 FAX: {540) 853-1145 November 7, 2005 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, CNH:snh C. Nelson Harris Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Crystal Spring Streetscape This is to request space on Council's agenda for a 20 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, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: SubJect: Six Year Improvement 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) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Building Permit Fee Schedule This is to request space on Council's agenda for a 15 minute presentation on the above referenced subject. 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: (5¢0) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Branding Update This is to request space on Council's agenda for a 20 minute presentation on the above referenced subject. Darlene L Bur¢~ttm City Manager I DLB:sm c: City Clerk City Attorney Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37228-110705. A RESOLUTION memorializing the late Jack Ronald "John" Marlles, former director of the Department of Planning and Community Development for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Marllas on Tuesday, September 20, 2005; WHEREAS, Mr. Marlles was bom in Albuquerque, New Mexico on June 27, 1953; WHEREAS, although Mr. Marlles grew up in places as diverse as Germany and Hawaii, he considered New Jersey to be his home state; WHEREAS, Mr. Marllas graduated from Rutgers University and Virginia Commonwealth University; WHEREAS, Mr. Marlles went to work for the Virginia Department of Housing and Community Development in Richmond, Virginia, in 1979, where he was responsible for the introduction into the Commonwoalth of Virginia Main Street Program and the Virginia Urban Enterprise Zone Program; WHEREAS, in 1987 Mr. Marlles, became the head of the Deparlment of Planning and Community Development in Roanoke, where he helped shape such projects as the reopening of Hotel Roanoke; WHEREAS, Mr. Marlles returned with his family to the Richmond area in 1998 to serve as director of the Planning Office for Henrico County and, in 2004, became Henrico's first director of Community Revitalization, heading a department he was responsible for creating; WHEREAS, in addition to his work, Mr. Marlles was a great supporter of the Boy Scouts of America and an avid Civil War buff; and WHEREAS, Mr. Marlles was a dedicated public servant who was known for his humility and generosity of community. 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 Jack Ronald "John" Marlles, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Marlles's widow, Robin M. Marlles, of Henrico County, Virginia. ATTEST: City Clerk 179 ROANOKE CITY COUNCIL September 19, 2005 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 19, 2005, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, fourth floor, Room 450, 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 Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Beverly T. Fitzpatrick, Jr., and Mayor C. Nelson Harris ............................................................... 6. ABSENT: Council Member Alfred T. Dowe,Jr.- ........................ 1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor introduced and commended Joseph L. Salmon who was selected as Teacher of the Year at the Roanoke Academy of Mathematics and Science, Teacher of the Year for Roanoke City Public Schools, and Region VI Teacher of the Year in the Commonwealth of Virginia. He advised that Mr. Salmon was honored by the Virginia General Assembly and the Virginia Commonwealth School Board. 180 In recognition of his outstanding example and contributions to the youth of the community, the Mayor presented Mr. Salmon with a proclamation declaring Monday, September 19, 2005, as Joseph L. Salmon Day in the City of Roanoke. PROCLAMATIONS: The Mayor presented a proclamation to Gary Hegner, Superintendent, Parks and Facilities, declaring Saturday, October 1,2005, as Fall Waterways Cleanup Day. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Closed Session. MINUTES: Minutes of the regular meeting of Council held on Monday, August 15, 2005, were before the body. 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 Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ......................................................... 6. NAYS: None .................................................... O. (Council Member Dowe was absent.) COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: 181 AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick 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 Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-371! (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ......................................................... 6. NAYS: None .................................................... 0. (Council Member Dowe was absent.) OATHS OF OFFICE-COMMI'I-rEES-PERSONNEL DEPARTMENT-ROANOKE ARTS COMMISSION-HUMAN DEVELOPMENT COMMITTEE-SCHOOLS: The following report of qualification was before Council: David B. Carson and William H. Lindsey as Trustees of the Roanoke City School Board, for terms ending June 30, 2008; Angela Holland as a member of the Human Services Advisory Board, for a term ending November 30, 2007; and Letitia A. Smith as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008. Vice-Mayor Fitzpatrick moved that the report of qualification be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: 182 AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ......................................................... 6. NAYS: None .................................................... 0. (Council Member Dowe was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ANIMALS/INSECTS: Dr. Stan Eichelberger, presented a written report transmitting recommendations of the Feral Cat Task Committee. Dr. Eichelberger advised that since formation in the summer of 2004, the Feral Cat Task Committee met on 11 occasions as well as conducted a public opinion survey and a public meeting; the Committee studied a wide variety of information relating to cats and examined the experience of several other localities; as revealed in the progress report dated April 12, 2005, the Committee found that complex sub-issues are involved in virtually every aspect of the topic; and concerns presented to Council, which led to formation of the Committee included issues of property damage, risk ofdiseasetransmission, and destruction of wild birds. He noted that during the first six months of 2005, City Animal Control Officers responded to 640 cat-related calls for service and 933 cats from the City of Roanoke were impounded at the Regional Center; the Regional Center for Animal Control and Protection reports that 1,227 cats were impounded from the region for the same period; and the Committee encountered well-reasoned and passionate perspectives on both sides of many of the issues and bases its recommendations on a shared perspective that cats that are cared for are healthier and pose fewer problems for the community. Dr. Eichelberger reviewed the following recommendations: Adopt an ordinance requiring the licensing of cats over four months of age; authorize positive identification of licensed cats by means in addition to a collar and tag (such as by an implanted microchip) and provide space on any registration form for identification information; proof of vaccination should be required prior to license issue; the ordinance should also provide for reduced licensing fees for those cats which have been spayed or neutered, upon presentation of veterinary documentation of the procedure; and persons found in violation of the ordinance should be subject to fine. 183 Adopt an ordinance(s) to prohibit cats from running at large and authorize the City's Animal Control and Protection Unit to impound cats found at large; "at large" would refer to any cat not on the property of its owner or under the immediate control of the owner or confined in an enclosure; procedures for disposition of impounded cats should be specified and only licensed and vaccinated cats should be released; the ordinance could be parallel in style with current sections regulating dogs at large, with increased fines for owners who repeatedly allow their animal to be at large; and Roanoke County has had ordinances requiring licensing of cats and defining cats at large as nuisance cats subject to impound since 1994. Development of a regional sanctuary for feral cats or cat colonies; although there are currently no such facilities in the area, such a sanctuary would provide for feral cats without their having to be impounded with little hope of adoption; managed sanctuaries for feral cats are seen by the Committee as part of an effective and humane overall solution, and some members of the Committee are willing to further investigate the option; and the City of Roanoke could participate with other localities in the form of financial support, tax considerations, and/or the assistance and expertise of employees in a joint venture. Dr. Eichelberger advised that the Committee recognizes that implementation of the first two recommendations will require a public information campaign after actual ordinances have been drafted; and the proposals are in keeping with recommendations of The Humane Societyofthe United States, which should be of assistance in promoting a public information campaign. He stated that it is acknowledged that the ordinances will place an additional strain on the Police Department's Animal Control and Protection Unit, as well as on the Office of the City Treasurer and other offices involved in licensing and enforcement; therefore, he requested that Council consider staffing or technology requests that may arise from the changes. Mr. Nell MacRae, Ill, 1110 26th Street, S. W., advised that it is understood that the City of Roanoke has a large number of cats per capita; and as the owner of a cat, he is of the opinion that a significant amount of the cat owner population is against any ordinance that would restrict outside activity. He stated that the City could control the feral cat population by picking up cats that do not wear a collar with the owner's name attached. 184 There being no discussion and without objection by Council, the Mayor advised that the recommendations of the Feral Cat Task Committee would be referred to the City Manager for report and recommendation to Council. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: PARKS AND RECREATION-WATER RESOURCES: Gary Hegner, Superintendent, Parks and Facilities, advised that 250-300 persons are expected to participate in efforts to clean up City property along the banks of the Roanoke River on Saturday, October 1, 2005; participants include the Clean Valley Council, Upper Roanoke River Roundtable, Department of Environmental Quality, Save Our Streams, the Western Virginia Water Authority, Roanoke Valley Greenways Commission, representatives of various City departments, local businesses, the National Foods Co-op, Q99, Tidy Services, and others. He called attention to water quality testing through testing kits that have been distributed in the schools, and other educational opportunities that will be offered. Council Member Cutler inquired if there would be an opportunity for a regional or watershed-wide event in future years inasmuch as the Roanoke River begins in Montgomery County and runs through Roanoke County, the City of Salem and the Town of Vinton; and with their citizen groups, service clubs, rotary clubs, Kiwanis Clubs, school groups, etc., other Valley-wide jurisdictions could initiate an Upper Roanoke River event. The City Manager advised that at least two such events will be held on an annual basis and the City has considered a program that would allow individual families, civic clubs and organizations to adopt an area of the Roanoke River for maintenance or stewardship on a regular basis. She stated that it is hoped that activities on October 1 will mark the beginning of a partnership involving not only public property, but private property along the Roanoke River. EMERGENCY SERVICES: Joseph Coyle, Emergency Services Coordinator, and Larry Brown, Public Information Officer, explained the various components of two enhancements to the City's emergency warning public information capabilities; i.e.: Reverse 911 and Roanoke Alert. Mr. Coyle advised that Reverse 911 is a computer based system that can be used in an emergency to dial out to citizens and businesses; and the system will use a computer which is housed in the City's 185 secure computer room and dedicated phone lines in the Municipal Building to enhance the City's emergency warning public information capabilities. He explained that some potential uses for Reverse 911 would be notification of a terrorist event, flooding, severe weather conditions, or any large emergency that would require notification to citizens; and the system will not be used for non- emergency or routine events. He stated that a meeting has been scheduled with representatives of City departments, the Western Virginia Water Authority, and the School system to discuss uses and to develop a training program. He explained that the City has an eight telephone line system, using about a 30 second message, 960 telephone calls could be made per hour; for example: if there is a hazardous materials release at a certain intersection, a certain arch around the location can be plotted out and the system will dial those telephone numbers; and in the unlikely event of a mass notification of the entire City, the City could dial into the provider's databank, or contact the provider via internet, in order for notification to be made via the provider's nationwide bank of phones; and in approximately ten minutes every phone in the City of Roanoke would ring. He reviewed two methods by which telephone calls could be handled; i.e.: a compilation of predefined lists through a data bank identifying all persons who live on a specific street or in a flood prone area, input a message and activate the system; or the visual portion of the program could interface with the City's GIS system which provides the capability of selecting a specific street address or configuration and the system would access the database of telephone numbers and dial out based on a geo zone. He stated that another enhancement to the system is the "bulletin board" that can be created during an emergency which allows for the posting of a telephone number on the City's website where emergency information may be obtained. He added that one of the inherent issues with the database that was purchased by the City is that it only has the capability to call landline telephones; therefore, there will be a need to address issues where persons use cellular phones as their primary telephone, in which case it would be necessary to register the phone to that location so that they could be contacted in an emergency; registration could be handled via the City's website, or by telephoning or written communication to the Office of Environmental and Emergency Management. Mr. Brown advised that in the event ora small scale emergency, the City will transform the current website, roanokeva.gov into roanokealert.com, which will provide the latest information to visitors to the website and allow faster access to important information such as emergency telephone numbers, or links that the person may need to get in touch with other emergency agencies, and the latest updates of road closures or emergency precautions and preparedness. He stated 186 that currently the website is hidden and in an ideal world the City may not have to use the emergency website; however, the website does have the capability to go live in the event of an emergency when an administration or the City's web master advises that the information needs to be delivered. He further stated that the website will be hosted outside of the Commonwealth of Virginia so that in the event of a power outage or some other drastic happening, there will be no concern about the site going down. Mr. Brown explained that Reverse 911 provides the capability to disseminate information to as many people as possible both inside and outside the area and to update information on a regular basis. Council Member Lea inquired as to how information would be disseminated to persons who do not have access to a computer; whereupon, the City Manager advised that in a true emergency there is an overload of resources in responding to telephone calls and requests for information; while the website would only be available to certain people who have access to computers and to the internet, if those persons can be siphoned off of the telephone system to receive information from other sources, more resources would become available for persons using telephone lines; and there is also the option of going into affected areas with law enforcement and fire personnel with horns to communicate a need to evacuate the area. She advised that the two activities have been in the planning stages for over ayear; the programs demonstrate that the City is planning for the emergency that it hopes will never happen; and planning has been ongoing since September 1]., 2001, to ensure that the City of Roanoke has every tool in place to help its citizens in time of emergency. In response to aquestion by Council Member McDaniel if there are plans for live testing of the programs, it was advised that workability of the Reverse 911 program continues to be reviewed. Council Member Cutler advised that many people use cellular telephones as opposed to landlines, and inquired if cellular telephone companies would include information with monthly bills urging customers to register their cell phone with the City. Mr. Coyle advised that the suggestion could be presented to the cellular telephone companies, and some cell phone vendors are currently evaluating the systems and looking nationwide for ways to capture the database. 187 ITEMS RECOMMENDED FOR ACTION: HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the City of Roanoke Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be located at the Roanoke Health Department to ensure that all citizens have an opportunity to apply for Medicaid; and the Agreement remains in effect until modified by mutual consent or operation of law. It was further advised that total cost of the position is $40,358.00; approximately 50 per cent of the cost is reimbursed from Federal Medicaid administrative funds, with the Health Department reimbursing the remaining cost; and the City of Roanoke Health Department is satisfied with the results of having the position on location and wishes to continue the services of the Eligibility Worker at the Health Department. The City Manager recommended that she be authorized to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original agreement; that Council appropriate funds as above described in accounts to be established in the Grant Fund by the Director of Finance; and establish a revenue estimate of $40,358.00 from State and Federal sources as above described. · Salary $29,742.00 · City Retirement 3,833.00 · ICMA Match 650.00 · FICA 2,280.00 · Health Ins. 3,540.00 · Dental Ins. 235.00 · Disability Ins. 78.00 $40,358.00 Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37180-091905) AN ORDINANCE to appropriate funding for the Medicaid Eligibility Worker position, amending and reordaining certain sections of the 2005- 2006 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 577.) 188 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37180- 091905. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ......................................................... 6. NAYS: None .................................................... 0. (Council Member Dowe was absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37181-091905) A RESOLUTION authorizing the City Manager to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original Agreement between the Roanoke City Department of Social Services, the State Health Department and the Virginia Department of Social Services, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 69, Page 578.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37181- 091905. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ......................................................... 6. NAYS: None .................................................... 0. (Council Member Dowe was absent.) BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that the Roanoke Fire-EMS Department provides Hazardous Materials Emergency assistance on a regional level to surrounding localities during hazardous material accidents and incidents; increased revenues were received from the Commonwealth of Virginia for Hazardous Materials Emergency Responses; and revenues were intended to be used for reimbursement of certain expenses incurred during Hazardous Materials Emergency Responses for fiscal years 2004 and 2005; and for fiscal year 2004, additional revenues of $8,199.08 were received and for fiscal year 2005, additional revenues of $1,390.40 were received. 189 It was advised that the Commonwealth of Virginia appropriates funds to the Roanoke Fire-EMS Department for Hazardous Materials Emergency Responses; the Director of Finance estimates the revenue for Hazardous Materials Emergency Responses; and in Fiscal Years 2004 and 2005, the Commonwealth increased revenues and reimbursement of funds. The City Manager recommended that Council adopt a budget ordinance to increase revenue estimates, in the amount of $8,199.00, in Account No. 03S-520- 3226-3226 and $1,390.00 in Account No. 035-520-3227-3227; appropriate additional funding in the same amounts appropriate increased revenues and authorize the Director of Finance to establish increased revenue estimates. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37182-091905) AN ORDINANCE to appropriate additional funding for the Hazardous Materials Response Grants, amending and reordaining certain sections of the 2005-2006 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 579.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37182- 091905. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a communication advising that the City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus Council must appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs; the Western Virginia Workforce Development Board administers the Federally funded Workforce Investment Act (WlA) for Area 3, which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of Covington, Roanoke, and Salem; and WlA funding is intended to be used for four primary client populations: 190 · Dislocated workers who have been laid off from employment through no fault of their own; Economically disadvantaged individuals as determined by household Income guidelines defined by the U. S. Department of Labor; · Youth who are economically disadvantaged, or have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. It was further advised that the Western Virginia Workforce Development Board has received a Notice of Obligation (NOO) from the Virginia Employment Commission allocating $192,078.00 for the Youth Program which serves economically disadvantaged youth, $74,836.00 for the Adult Program which serves economically disadvantaged adults, and $120,443.00 for the Dislocated Worker Program which serves workers laid off from employment through no fault of their own for Program Year 2005 (July 1, 2005 -June 30, 2007); and ten per cent of the above referenced totals are intended to be allocated to the administrative function of the Western Virginia Workforce Development Board. The City Manager recommended that Council authorize appropriation of Western Virginia Workforce Development Board Workforce Investment Act funds of $387,357.00 for Program Year 2005, and establish corresponding revenue estimates in accounts to be established in the Grant Fund by the Director of Finance. Council Member McDaniel offered the following budget ordinance: (#37183-091905) AN ORDINANCE to appropriate funding for the FY06 Workforce Investment Act Grant, amending and reordaining certain sections of the 2005-2006 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 580.) Council Member McDaniel moved the adoption of Ordinance No. 37183- 091905. The motion was seconded by Vice-Mayor Fitzpatrick. 191 Council Member Lea referred to previous discussion by the Council on Monday, July 18, 2005 with regard to composition of the Western Virginia Workforce Development Board and requested that the City Manager provide a status report. The City Manager advised that at the next meeting of the Chief Local Elected Officials group (CLEO) following Council's discussion on July 18 the issue of representation on the Workforce Development Board was discussed, and all members of the CLEO expressed a genuine interest and concern in the issue of representation. She stated that two members of the African-American community, the Deputy Director, Roanoke Redevelopment and Housing Authority, and a minority representative from Franklin County were recommended to the CLEO; consideration was given to increasing the size of the Board, and a decision was made to keep the current number of 15 which allows for a majority or eight of the appointments to be representatives of the private sector, and the remaining seven would be appointed from the public sector. She added that there is a vacancy on the Board, and Alleghany County, which does not currently have representation, has been requested to recommend a nominee; other members of the Board have encouraged private individuals within their respective communities to serve; and at an upcoming meeting of the CLEO Board, it is anticipated that at least one appointment will be made. The City Manager gave her assurance that the issue has raised itself to a proper level of attention with all members of the CLEO, there will not be a lack of diverse representation on theWorkforce Development Board in the future, and the Chief Local Elected Officials group is committed to rectifying the situation. There being no further questions/comments by Council Members, Ordinance No. 37183-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) CITY CODE-BUDGET-WATER RESOURCES: The City Manager submitted a communication advising that Resolution No. 36207-012103 adopted by Council on January 21, 2003, authorized the City Manager to apply for an "80/20" reimbursable grant through the Virginia Recreational Trail Fund Program; and in July 2003, the Virginia Department of Conservation and Recreation notified the City of Roanoke of a grant award, in the amount of $53,600.00, in support of the Carvins Cove Natural Resource Multi-Use Trail Project. 192 Itwas further advised that State and Federal funding sources will be utilized as matching funds to the recent appropriation of $40,335.00 to the Department of Parks and Recreation through the Western Virginia Water Authority Carvins Cove trail user fees for trail improvements within the Reserve. The City Manager recommended that Council authorize the Director of Finance to increase the revenue estimate in Account No. 008-620-9825-9813, Carvins Cove Planning and Development, in the amount of $53,600.00, and appropriate funds of the same amount to the Carvins Cove Planning and Development Project, Account No. 008-620-9825. Council Member Cutler offered the following budget ordinance: (#37184-091905) AN ORDINANCE to appropriate funding for the Carvins Cove Planning and Development Project, amending and reordaining certain sections of the 2005-2006 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 582.) Council Member Cutler moved the adoption of Ordinance No. 37184- 091905. The motion was seconded by Vice-Mayor Fitzpatrick. Council Member Cutler advised entrance fees paid by visitors to Carvins Cove are used for recreational facility improvements at Carvins Cove. He stated that he looked forward to completion of the master plan for management of the Carvins Cove Natural Reserve, and consideration of a conservation easement to protect most of the natural area from development. On behalf of the Roanoke Appalachian Trail Club and other hikers in the region, he stated that he supported multiple use trails, but some trails should be devoted to hikers only so that there is no conflict between horses, bicycles, and hikers. Ordinance No. 37184-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) 193 POLICE DEPARTMENT-COMMUNICATIONS DEPARTMENT-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a communication advising that an Intergovernmental Agreement dated December ].7, ].997, between the City of Roanoke and the County of Roanoke established a joint Public Safety Radio System ("System"); since creation of the partnership, the City and the County have operated their E-911 public radio systems effectively as a joint, unified system for the protection and benefit of the citizens of both localities; and the original Intergovernmental Agreement was amended on one occasion by an amendment dated October 1, 2001, for the purpose of providing further details governing operation of the joint system and the relationship between the City and the County. It was further advised that a proposed second amendment provides legal authority for the County and the City to act jointly through the Roanoke County Purchasing Department to obtain a qualified consultant to provide expertise and guidance in the planning of the "rebanding" or migration of frequencies per a Federal Communications Commission (FCC) mandate; rebanding has been ordered by the FCC on a nationwide basis due to frequent problems with interference from commercial wireless communications providers and public safety agencies that operate on the $00MHz spectrum; the FCC has imposed upon Nextel the financial obligation to pay for all direct and indirect costs associated with the "rebanding" frequency reconfiguration; and Nextel has committed $2.5 billion to pay for the 800 MHz rebanding process nationally and established an independent agency, the Transition Administrator (TA), to oversee the massive undertaking. The City Manager explained that by proceeding jointly, the County and the City are moving forward with the procurement process to hire a consultant to advise on the numerous technical and legal issues involved in negotiations with Nextel to cover the costs of reprogramming frequencies on all public safety radios; in order to avoid any cost from this Federally mandated process, Roanoke County and Roanoke City, acting jointly, must enter into an agreement with Nextel for reimbursement of all expenses related to the rebanding process before incurring any expenses; and the Roanoke County Board of Supervisors acted on the matter at its meeting on September 13, 2005. The City Manager recommended that she be authorized to approve and execute Amendment No. Two to the Intergovernmental Agreement between the City of Roanoke and the County of Roanoke. Vice-Mayor Fitzpatrick offered the following ordinance: 194 (#37185-091905) AN ORDINANCE authorizing the City Manager to execute Amendment Two to an Intergovernmental Agreement, dated December 17, 1997, with Roanoke County concerning the Regional 800 MHz Trunking Radio System, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 69, Page 583.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37185- 091905. The motion was seconded by Council Member Cutler. Council Member McDaniel inquired in the event ofavalleywide emergency, would the City of Roanoke, Roanoke County and the City of Salem have the capability to talk with each other regardless of what radio band or frequency they operate on; whereupon, the City Manager responded in the affirmative and advised that under the Interoperability grant that was received last week, localities from Roanoke, all the way up to and including the Lynchburg region, will have the capability to communicate, and the ability to talk with other communities and their public safety resources is vitally important. The City Manager advised that the agreement presently before the Council between the City of Roanoke and Roanoke County calls for moving forward with a procurement process that would identify a consultant to help ensure that the localities are adequately represented as they go through negotiations with Nextel and to identify ali costs associated with the move. There being no further questions/comments by Council Members, Ordinance No. 37185-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. O. (Council Member Dowe was absent.) HOUSING/AUTHORITY: The City Manager submitted a communication advising that on September 6, 2005, Council was briefed on the Day Avenue Project which consists of acquisition by the Roanoke Redevelopment and Housing Authority (RRHA) of 17 parcels of land on Day Avenue; and the parcels are in various stages of disrepair, continuing to deteriorate and are detrimental to the safety, health, morals and welfare of the residents of the housing units, as well as to the surrounding residential neighborhoods. 195 It was further advised that the RRHA has acquired the 17 parcels of land for rehabilitation and conversion to market rate residential housing units; the City of Roanoke wishes to make available to RRHA the necessary funds to reimburse the Housing Authority for the property from the Christian Housing Fellowship, LLC; total amount of funds to be transferred to the RRHA by the City is $370,400.00; and funds are included in the Capital Maintenance and Equipment Replacement Program (CMERP). It was explained that in order for the RRHAto proceed with rehabilitation of the 17 parcels of land, authorization by Council is needed to execute an agreement between the City of Roanoke and the RRHA for funding of property acquisition and pre-rehabilitation and maintenance costs associated with the 17 parcels of property. The City Manager recommended that she be authorized to execute a cooperation agreement with the RRHA, subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following resolution: (#37186-091905) A RESOLUTION authorizing execution of the DayAvenue Cooperation Agreement between the City of Roanoke ("City") and the Roanoke Redevelopment and Housing Authority ("RRHA"), providing for the advancement of $370,400.00 in funding to provide for the cost of acquisition, pre-rehabilitation, and maintenance of seventeen parcels of property located in the 400 block of Day Avenue, S. W. (For full text of resolution, see Resolution Book No. 69, Page 584.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37186- 091905. The motion was seconded by Council Member Cutler. Mr. Robert Gravely, 727 29th Street, N. W., expressed various concerns with regard to the Day Avenue project. He advised that it could cost as much as $317,000.00 to renovate the houses while the sale price is $265,000.00 per house; and the houses were previously assessed at approximately $38,000.00 - $45,000.00 and are now assessed at $100,000.00. He added that a home buyer who can afford a $265,000.00 house will not choose to purchase a house on Day Avenue; no consideration was given to less fortunate persons who currently live in the area who cannot afford more expensive housing, and additionally, no consideration was given to the high crime rate in the area. He referred to $85,000.00 vacant houses in the 1200 block of Gilmer Avenue that are currently deteriorating because no one is interested in purchasing the property. 196 The Mayor requested that the City Manager respond to Mr. Gravely's remarks regarding the Day Avenue Project; whereupon, the City Manager advised that the City will make funds available to the Roanoke Redevelopment and Housing Authority to purchase 17 properties on Day Avenue for the balance due on the mortgages. She stated that the Housing Authority does not intend to market the homes when rebuilt to Iow and moderate income individuals, but to persons in the middle and upper income brackets who can afford to pay the $265,000.00 which is estimated to be the rehab value. She noted that a market study was prepared and upon the advice of realtors it is believed that homes can be sold for the $265,000.00; the City and the RRHA have committed to assist those individuals who currently reside in the properties to find alternate housing within the City, and at rates equal to or in some instances less that what they are currently paying at their Day Avenue address; it is not anticipated that any Iow income individual would be displaced as a result of the project and the City has made a commitment over the next seven years to construct additional Iow income units to compensate for the loss of Day Avenue housing as a part of the City's housing strategy. There being no further questions/comments by Council Members, Resolution No. 37186-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick 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 July 2005. (For full text, see Financial Report on file in the City Clerk's Office.) There being no questions or comments and without objection by Council, the Mayor advised that the Financial Report for the month of July would be received and filed. CITY A-I-rORN EY: 197 Y.M.C.A.: The City Attorney submitted a written report advising that Subparagraph Aof Paragraph No. ].2 oftheAgreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., requires the YMCA to transfer a portion of the property on which the old YMCA facility is located to the City by April 29, 2005 (the original date was March ]., 2005, which was extended by Amendment No. 1); however, the Agreement requires the YMCA to remove all hazardous substances from the old YMCA facility before the YMCA transfers the facility to the City. It was further advised that due to complications related to removal of asbestos and other hazardous substances from the facility, the YMCA has not completed the removal, and has not transferred the property to the City; and accordingly, the YMCA has requested that the City agree to extend the deadline by which the YMCA must transfer the property to the City until December 30, 2005. The City Attorney recommended that Council adopt an ordinance authorizing the City Manager to execute the appropriate amendment to the agreement with the YMCA as above described. Vice-Mayor Fitzpatrick offered the following ordinance: (#37187-091905) AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to December 30, 2005; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 585.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37].87- 09].905. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting that Council appropriate the following, was before the body: 198 $23,529.00 for the Title I Even Start Family Literacy Grant to provide staff and funding for parental and preschool workshops for family literacy efforts at the preschool and adult education levels. $168,700.00 for the Title I School Improvement program to aid the division in efforts to provide strategies to increase student learning at seven Iow-performing schools; the program will help to fund the opportunity for students to choose a higher- performing school as an alternative, said program to be 100 per cent reimbursed by Federal funds. $33,108.00 for the Title I D At-Risk Juvenile Detention Center Reading program to employ a part-time reading teacher at the Center, said program to be 100 per cent reimbursed by Federal funds. $65,208.00 for the 2005-2006 Governor's School program to provide instruction in science and math to high school students, with the continuing program to be supported by State funds and tuition collected from participating school districts. $48,000.00 for the Patrick Henry Youth Court program to provide for supervision and materials necessary to continue the school-based youth court at Patrick Henry High School; and the continuing program will provide instruction in the legal process and allow for alternative disciplinary actions. The Director of Finance submitted a written report recommending that Council concur in the requests of the School Board, was also before the body. Council Member Cutler offered the following budget ordinance: (#37188-091905) AN ORDINANCE to appropriate funding for the 2005-06 Title I Even Start Family Literacy Grant, 2005-06 Title I School Improvement Program, 2006 Title I D At-Risk Juvenile Detention Center Reading Program, 2005-06 Governor's School Program, and 2005-06 Patrick Henry Youth Court, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 586.) 199 Council Member Cutler moved the adoption of Ordinance No. 37188- 091905. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: POLICE DEPARTMENT-CITY COUNCIL: Council Member Lea addressed the issue of domestic violence in the City of Roanoke. He advised that at least 90 per cent of homicides in Roanoke this year were related to domestic violence; many of the victims were women who had taken out restraint orders and the perpetrators ended up back in the household or back on the street; therefore, the issue needs to be addressed above and beyond what the Police Department is doing. He called attention to the need to look more closely at domestic violence not only in terms of the Police Department, but the court system and the Magistrate's Office. Therefore, he suggested that the City Manager appoint a task force to study the matter and to research actions that have been taken by other localities. Without objection by Council, the Mayor advised that Mr. Lea's suggestion would be referred to the City Manager for report to Council. CITY COUNCIL-HOUSING/NEIGHBORHOOD CODE ENFORCEMENT: Council Member Lea inquired as to the availability of City programs to assist senior citizens in connection with home maintenance. The City Manager suggested that citizens call the Department of Housing and Neighborhood Services with regard to specific requests for assistance. Council Member Cutler advised that the League of Older Americans offers a wide array of assistance programs. 200 Council Member McDaniel advised that small projects such as painting the porch or mowing the grass for senior citizens could be undertaken by neighborhood organizations through a neighbor to neighbor program. CITY COUNCIL-COURTS FACILITY: Council Member Wishneff inquired about plans to expand and/or renovate the current Courthouse building. The City Manager advised that a request for proposals for a planning and/or architectural engineering firm to prepare programming and conceptual design phase services will be advertised in the near future, and the actual study will commence in early December, with completion approximately four months thereafter. DONATIONS/CONTRIBUTIONS: On behalf of the City of Roanoke, the Mayor advised that the City Manager has taken $10,000.00 from the City Manager's Contingency Account to be donated to the American Red Cross to help hurricane victims along the Gulf Coast as a result of Hurricane Katrina. Council Member Cutler moved that Council concur in the action taken by the City Manager to donate $10,000.00 to the American Red Cross to assist hurricane victims along the Gulf Coast as a result of Hurricane Katrina. The motion was seconded by Vice-Mayor Fitzpatrick and adopted. The Mayor advised that plans will be announced in the near future with regard to establishment of a Sister City relationship with a community along the Gulf Coast that sustained substantial damage as a result of Hurricane Katrina. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to the renovation of Victory Stadium and the agreement between the City of Roanoke and Norfolk and Western Railway Company which stipulated that the land on which Victory Stadium is constructed would be used for stadium/armory purposes and that the land would be properly maintained by the City. He questioned why the City cannot renovate Victory Stadium in a manner similar to Lane Stadium in Blacksburg. 201 COMPLAINTS/CITY COUNCIL: Mr. Robert E. Gravely, 727 29th Street, N. W., quoted Bible scripture. CITY MANAGER COMMENTS: NONE. At 4:05 p.m., the Mayor declared the Council meeting in recess for two Closed Sessions. At 5:25 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, with the exception of Council Member Dowe, Mayor Harris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Vice-Mayor Fitzpatrick moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion bywhich 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 Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the four year terms of office of S. Deborah Oyler and Stuart H. Revercombas Directors of the Industrial Development Authority will expire on October 20, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of S. Deborah Oyler and Stuart H. Revercomb. There being no further nominations, Ms. Oyler and Mr. Revercomb were reappointed as Directors of the Industrial Development Authority, for terms ending October 20, 2009, by the following vote: FOR MS. OYLER AND MR. REVERCOMB: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris .............................. 6. (Council Member Dowe was absent.) 202 OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The Mayor advised that the three year term of office of Paul P. Anderson as a member of the Roanoke Civic Center Commission will expire September 30, 2005; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Paul P. Anderson. There being no further nominations, Mr. Anderson was reappointed as a member of the Roanoke Civic Center Commission, for aterm ofthreeyears ending September 30, 2008, by the following vote: FOR MR. ANDERSON: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ............................................ 6. (Council Member Dowe was absent.) OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT-COMMITTEES: The Mayor advised that the five year term of office of Reginald P. Church as a member of the Local Board of Building Code Appeals will expire on September 30, 2005; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Reginald P. Church. There being no further nominations, Mr. Church was reappointed as a member of the Local Board of Building Code Appeals, for a term of five years ending September 30, 2010, by the following vote: FOR MR. CHURCH: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ............................................ 6. (Council Member Dowe was absent.) At 5:30 p.m., the Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. At 7:00 p.m., on Monday, September 19, 2005, the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C. Nelson Harris presiding. 203 PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Beverly T. Fitzpatrick, Jr., and Mayor C. Nelson Harris ............................................................... 6. ABSENT: Council MemberAIfred T. Dowe,Jr.- ....................... 1. 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 Fitzpatrick. The Pledge of Allegiance to the Flag of the United States of Americawas led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: HUMAN DEVELOPMENT-ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following resolution memorializing the late Corinne B. Gott: (#37178-091905) A RESOLUTION memorializing the late Corinne Beasley Gott, a former City Social Worker and Superintendent of Roanoke's Department of Social Services for 30 years. (For full text of resolution, see Resolution Book No. 69, Page 574.) Council Member Cutler moved the adoption of Resolution No. 37178- 091905. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) The Mayor presented a ceremonial copy of the resolution to Ms. Gott's daughters, Nancy Baugh of Richmond, Virginia; Lou Ann Gott andJayne Harmon of Roanoke, Virginia, and called for a moment of silence in memory of Ms. Gott. 204 ACTS OF ACKNOWLEDGEMENT-EMERGENCY SERVICES: Vice-Mayor Fitzpatrick offered the following resolution memorializing the late Warren E. Trent: (#37179-091905) A RESOLUTION memorializing the late Warren E. Trent, former Coordinator of Emergency Services for the City of Roanoke. (For full text of resolution, see Resolution Book No. 69, Page 576.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37179- 091905. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. O. (Council Member Dowe was absent.) The Mayor advised that aceremonial copyofthe resolution would be mailed to Mrs. Trent and called for a moment of silence in memory of Mr. Trent. ACTS OF ACKNOWLEDGEMENT: The Mayor presented an Honorary Citizen Certificate and a Star paper weight to Dr. Omer Genckaya, Roanoke College 2005 Fulbright Scholar. He advised that Dr. Genckaya is an Associate Professor of Political Science at Bilkent University in Ankara, Turkey. BID OPENINGS: LEASES-AIR RIGHTS: Pursuant to notice of advertisement for bids for lease of air space for balconies over a portion of Kirk Avenue, S. W., for a term of 60 years, said bids to be received by the City Clerk until 12:00 p.m., on Monday, September 19, 2005, and to be held, unopened, until 7:00 p.m., on that date, the Mayor inquired if anyone had any questions with regard to the opening of the bids. No'person raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk advised that one bid was submitted by Musslewhite Holdings, L.L.C., for a one-time rental payment in the total amount of $2,000.00. Without objection by Council, the Mayor advised that the bid would be referred to the City Manager for report and recommendation to Council. 205 PUBLIC HEARINGS: LEASES-AIR RIGHTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September ].9, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber, with regard to the lease of air space for balconies over a portion of Kirk Avenue, S. W., for a term of 60 years, the matter was before the body. Legal advertisement of the public hearing was published in The ,~oano/~e T/rnes on Wednesday, September 7, 2005 and Wednesday, September ].4, 2005. The City Manager submitted a communication advising that Musselwhite Holdings, EEC., has requested an air rights lease for space located at 30]. Jefferson Street, S. W., Official Tax No. ].0].].805, to install balconies of approximately 198 square feet along the Kirk Avenue side of the property, for a term of 60 years beginning October 18, 2005 through October 17, 2065, at aone- time lease rate of $2,000.00; the rental rate is based on a percentage of the per square foot assessed value of the existing property; the lease may be renewed at expiration of the initial term upon mutual agreement; the Lessee is responsible for maintaining the balconies in a structurally safe condition; and if at any point the balconies become unsafe or fail to meet building and safety codes, the Lessee agrees to demolish and remove the structure in the lease Air Space for Balconies solely at its expense. The City Manager recommended that she be authorized to execute a Lease Agreement with Musselwhite Holdings, EEC., for a period of 60 years, beginning October 18, 2005 and expiring October ].7, 2065, subject to approval as to form by the City Attorney. Council Member Cutler offered the following ordinance: (#37189-091905) AN ORDINANCE authorizing the execution ora lease agreement between the City of Roanoke and Musselwhite Holdings, EEC., for the lease of certain air space over a portion of Kirk Avenue, S. W., to provide sufficient area and space for the construction of balconies over property located at the intersection of Jefferson Street and Kirk Avenue, for aterm of sixty (60) years; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 69, Page 588.) Council Member Cutler moved the adoption of Ordinance No. 37189- 091905. The motion was seconded by Vice-Mayor Fitzpatrick. 206 The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions or comments byCouncil Members, Ordinance No. 37189-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the appointment ofaTrustee to the Roanoke City School Board to fill the unexpired term of Gloria P. Manns, resigned, ending June 30, 2006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, September 11, 2005; and in the Roanoke Tribune on Thursday, September 15, 2005. The Mayor advised that the following persons submitted applications for appointment prior to the deadline on Friday, September 16, 2005, at 5:00 p.m.: Kenneth G. Andres (withdrew application on September 20, 2005) Mark S. Lucas (withdrew application on September 21, 2005) Jason E. Bingham John W. Elliott,.Ir. Randy L. Leftwich Carla L. Terry Elias A. Zani The Mayor inquired if therewere persons present who would like to speak in connection with the matter; whereupon, the following persons addressed the Council: Carol Brash, 2259 Westover Avenue, appointment of Carla Terry. She advised that: S. W., spoke 207 in support of the Ms. Terry is a graduate of Roanoke City public schools. She is the mother of two children who are enrolled in Roanoke City public schools. She has been an active PTA member and served as President at Addison Middle School. She is a school, church and community volunteer and has been successful in working with people from all walks of life. She believes in parental involvement and its importance in the schools and would partner with the schools and the community to encourage parental involvement in Roanoke's school system. She is honest, straight forward, hard working, and speaks her mind in a way that allows her to work with other people. She would bring more sexual diversity to the School Board. Mr. Randy Leftwich, 515 Mountain Avenue, S. W., an applicant for appointment to the School Board, advised that: He is a ].989 graduate of William Fleming High School. He serves as a Key Club advisor through the Kiwanis Club at William Fleming High School. He has a vision for Roanoke City Public Schools. School safety and teachers have been criticized. There is a need for more parental involvement. He stated that in applying for a position on the School Board, it was not his intent to take the place of Ms. Manns, but to continue her vision to make Roanoke City Public Schools the best possible school division. Mr. Jonathan Pait, 3937 Vermont Avenue, S. W., spoke in support of the application of Carla Terry. He advised that: Under Ms. Terry's leadership as President of the Addison Middle School PTA, membership has increased. She has exhibited a passion for children which is a fundamental characteristic for any person serving on the School Board. She would be an ideal candidate for appointment to the School Board because of her character, her ability to communicate and relate to people and her leadership abilities. 2O8 There being no further speakers, the Mayor declared the public hearing closed. There being no questions or comments by Council Members, the Mayor advised that the above referenced comments would be received and filed. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carillon Medical Center that a portion of Whitmore Avenue, S. W., west of Jefferson Street, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 2, 2005, and Friday, September 9, 2005. The City Planning Commission submitted a written report advising that the petitioner requests the vacation of an approximately 6,726 square foot portion of Whitmore Avenue, S. W.; the petitioner owns both adjoining properties; and the subject portion of Whitmore Avenue is located within the South Jefferson Redevelopment Area where the petitioner intends to develop. The City Planning Commission recommended that Council approve the request to vacate, discontinue and close the subject portion of Whitmore Avenue, subject to certain conditions; and further recommended that the petitioner not be charged for the property due to provisions of the South Jefferson Redevelopment Plan in which all property acquisition was to be carried out by the Roanoke Redevelopment and Housing Authority. Vice-Mayor Fitzpatrick offered the following ordinance: (#37190-091905) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 590.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37190- 091905. The motion was seconded by Council Member Cutler. Robert B. Marietta, Attorney, representing the petitioner, appeared before Council in support of the request of his client. 209 The Mayor inquired if there were persons present who would like to speak in connection with the request for street closure. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37190-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) BONDS/BOND ISSUES-SCHOOLS: Pursuant to Resolution No. 37154 and Resolution No. 37155 adopted by the Council on Monday, August 15, 2005, the City Clerk having advertised a public hearing for Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the approval of issuance of general obligation bonds, in an amount not to exceed $1,200,000.00 for financing capital improvements for Fallon Park Elementary School, and $3,850,000.00 for financing capital improvements for Westside Elementary School, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 22, 2005, and Monday, August 29, 2005. Acommunication from GeorgeJ. A. Clemo, Attorney, advising that the VPSA application was filed on August 22, 2005, and was approved by the VPSA on September 8, 2005; and resolutions before the Council approve details of the bond, including an estimated debt service schedule and related documents, and authorizes and directs the Mayor or the Vice Mayor and the Clerk or any Deputy Clerk of the City to execute and deliver the bond to the Virginia Public School Authority; and following adoption of the resolutions, financings are expected to be finalized and proceeds available to the City on or about November 10, 2005. Vice-Mayor Fitzpatrick offered the following resolution: (#37191-091905) A Resolution authorizing the issuance of not to exceed $1,200,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2005-A, to be sold to the Virginia Public School Authority and providing the form and details thereof. (For full text of resolution, see Resolution Book No. 69, Page 592.) 210 Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37191- 091905. The motion was seconded by Council Member Cutler. The Mayor inquired iftherewere persons present who would like to speak in connection with the issuance of general obligation bonds. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Resolution No. 37191-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) Council Member Cutler offered the following resolution: (#37192-091905) A Resolution authorizing the issuance of not to exceed $3,850,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2005-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of resolution, see Resolution Book No. 69, Page 603.) Resolution No. 37192-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) EASEMENTS-ROANOKE GAS COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed conveyance of an easement across City-owned property located near the intersection of Bennington Street and Mount Pleasant Boulevard, S. E., to Roanoke Gas Company to serve a new subdivision, the matter was before the body. 211 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 9, 2005. The City Manager submitted a communication advising that Roanoke Gas Company has requested an approximate 10' X 600' easement across City-owned property, identified as Official Tax No. 4250203, which is the site of Fire Station No. 11 near the intersection of Bennington Street and Mount Pleasant Boulevard; the easement is needed to connect a new main to a high pressure main on Bennington Street and will extend along Mount Pleasant Boulevard to serve a new subdivision in the City; and inasmuch as the easement will support new development in the City it will be donated. The City Manager recommended that she be authorized to execute the appropriate documents granting a utility easement as above described to Roanoke Gas Company, subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37193-091905) AN ORDINANCE authorizing the donation and conveyance of a ten foot by six hundred foot easement on City-owned property identified by Official Tax No. 4250203, the site of Fire Station No. 1! near the intersection of Bennington Street and Mt. Pleasant Boulevard to Roanoke Gas Company, to connect a new main to a high pressure main on Bennington Street, 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 6].3.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37].93- 091905. The motion was seconded by Council Member McDaniel. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37].93-09].905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. 0. (Council Member Dowe was absent.) 212 BUDGET-CMERP: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposed adjustment to the aggregate amount of the City's fiscal year 2005-2006 annual budget, in connection with appropriation of funds for the Capital Maintenance and Equipment Replacement Program (CMERP), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 9, 2005. The City Manager submitted a communication advising that Council was briefed on Fiscal Year 2004-2005 financial performance and the undesignated fund balance on September 6, 2005; the year end undesignated General Fund balance is targeted for the Capital Maintenance and Equipment Replacement Program (CMERP) and totals $2,033,742.00; in addition, $1,403,018.00 of Capital Project Contingency funds designated for prioritization as a part of CMERP is available for appropriation; and funds, in the amount of $167,595.00, from the reallocation of prior year unobligated CMERP funds is also available. It was further advised that on July 18, 2005, Council authorized the transfer of $125,000.00 from the Capital Project Contingency for capital improvements to Mill Mountain Theater; and on September 6, 2005, Council authorized transfer of $83,416.00 from the Capital Project Contingency for the new Fire/EMS Administration Facility; and the net total of all funding sources available for appropriation is $3,395,939.00. It was explained that Section 2-188.1, Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended, stipulates that at the conclusion of each fiscal year, $250,000.00 to the extent available from any undesignated General Fund balance at the end of such fiscal year, shall be reserved for self- insured liabilities of the City; the maximum balance of the reserve is three per cent of the total General Fund appropriations for the General Fund for self-insured liabilities; and a list of CMERP funding recommendations addresses the following categories: · Contributions · Carryover Funds · Furniture and Equipment · Capital Improvements · Technology · Fleet Management $1,197,925.00 21,806.00 843,208.00 580,000.00 400,000.00 353,000.00 Total $3,395,939.00 213 It was stated that CMERP funding requests totaled approximately $9.6 million, excluding technology and vehicular related items; requests for technology related items/initiatives totaled an additional $3.5 million; and technology requests are reviewed and prioritized by the Information Technology Committee and all vehicular requests are reviewed by the Fleet Management Division Manager and evaluated based upon an approved set of replacement criteria. The City Manager recommended that Council concur in CMERP funding recommendations and appropriate funding to the proper accounts as set forth in an attachment to the report; appropriate $125,000.00 from Civic Facilities Fund Retained Earnings to the Civic Center Improvements Project, Account No. 005- 550-8624, for repair of stage rigging equipment; appropriate $166,730.00 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund; establish a revenue estimate of the same amount in the Risk Management Fund representing the transfer; and reallocate prior year CMERP funding from the following accounts: 008-620-9759-9132 (Greenway Signage) $ 14,744.00 008-620-9750-9132(Mt. ViewRecCenterlmprovements) $ 3,718~00 008-530-9782-9132 (Downtown Roanoke Drainage Contract Labor) $ 100,000.00 008-530-9778-9132 (Engineering Suite Renovations) $ 49,133.00 Council Member Cutler offered the following ordinance: (#37194-091905) AN ORDINANCE to appropriate funding from the Capital Maintenance and Equipment Replacement Program (CMERP) and to make other funding appropriations and transfers, amending and reordaining certain sections of the 2005-2006 General, Civic Facilities, Capital Projects, Department of Technology, Fleet Management and Risk Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 614.) Council Member Cutler moved the adoption of Ordinance No. 37193- 091905. The motion was seconded by Council MemberMcDaniel. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. 214 Prior to voting on the ordinance, Vice-Mayor Fitzpatrick disclosed that $7,000.00 is included for appropriation to the Commonwealth Coach and Trolley Museum of which he serves as President. He stated that the funds will be used to purchase two antique buses that were originally used in the City of Roanoke fleet by either Roanoke Railway and Electric Company or Safety Motor Transit, and certain one time equipment maintenance purchases. He noted that Commonwealth Coach and Trolley Museum employs no personnel and he receives no remuneration for his services. There being no questions or comments by Council Members, Ordinance No. 37194-091905 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Fitzpatrick and Mayor Harris ....................................................... 6. NAYS: None .................................................. O. (Council Member Dowe was absent.) HEARING OF CITIZENS UPON PUBLIC MA-I-fERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. SOCIAL SECURITY ADMINISTRATION: The following persons addressed Council with regard to location of the Social Security Administration Office in the Gainsboro community: Ms. Beth Wellington, P. O. Box 1361, advised that the Comprehensive Plan for 2001-2020 continues the 1985 Roanoke Vision plan which referred to Roanoke as a City of neighborhoods; neighborhood plans were intended to be official documents adopted by the City that would become a part of the City's Comprehensive Plan; and one of neighborhood plans included the Gainsboro community. She stated that the Gainsboro plan acknowledged the ravages of urban renewal, and promised to ensure neighborhood participation in future development, i.e.: "Like many inner City neighborhoods in America, the Gainsboro community continues to deal with the consequences of urban renewal of the 1960's and 70's that displaced many families and businesses. The general sentiment today in America and in Gainsboro is that urban renewal was something done to the community instead of with the community. One of the main purposes of this plan is to ensure that the community is involved in determining its own future, and that the community's goals and interests are reflected in future developments, ultimately leading to a better and more vibrant Gainsboro". She explained that the neighborhood plan for Gainsboro included a village center, similar to the village center in the Grandin Road area, with a focal point for the 215 neighborhood; the village center would include uses that served the surrounding neighborhood, as well as those that would appeal to broader markets; first floors of buildings would be dedicated to higher intensity commercial uses, and Henry Street would include a central square as a community gathering place, etc. She added that Council reiterated the Gainsboro plan by adopting and submitting of the 2005-2010 Consolidated Plan to the U. S. Department of Housing and Urban Development, which has awarded the City $3 million annually; and Gainsborowas designated for special attention in the area of revitalization, and the Plan acknowledged the Gainsboro Steering Committee as the overseer of revitalization. She expressed concern that the proposed Social Security Administration Office building appears to have caused Roanoke to jettison its plans and the hopes of the Gainsboroneighborhood. She indicated that the City acquired the land through condemnation during urban renewal and asked if the City will abide by the adopted neighborhood plan for Gainsboro and support actions that will be in compliance with the Gainsboro Neighborhood Plan. Ms. Alice Roberts, 411 Gilmer Avenue, N. E., a life long resident of the Gainsboro area, advised that Henry Street has a significant place in the history of the City of Roanoke, and the City should honor its past with a vision for the future. She called attention to major concerns with regard to the proposed Social Security Building on Henry Street; for years the development of Henry Street has been quiet; however, it is now becoming a district of education, history and culture with construction of the Roanoke Higher Education Center, the Culinary School, the multi-purpose Ebony and Strand Building, and the Dumas Center for the Performing Arts which includes the Roanoke Opera. She stated that the Social Security Building will require a 50 foot clearance on each side, adjacent parking, the closing of streets will limit access to the buildings serving the community and limit access to day and evening activities for youth and adults; and the closing of streets assures a slow death to the educational and cultural institutions and their much needed programs. She further stated that the location of the proposed Social Security Building with various restrictive requirements would preclude any future development on Henry Street; and the concept of a Social Security Building on Henry Street is demoralizing. She added that the Henry Street Bridge and a garden as a memorial to Dr. Martin Luther King,Jr., was approved; however, it is ironic and insulting that as visitors walk from the bridge they would come face to face with the Social Security Building. She stated that the Social Security Building would be out of character and inconsistent with the theme of the new Henry Street; therefore, she requested that Council consider an alternate location for the Social Security Building and honor the wishes of those citizens who are concerned with improving quality of life and making Henry Street available for development in keeping with the theme and character of the area. 216 Mr. Marshall McMillan Zapf, 2109 Memorial Avenue, S. W., advised that components that make Grandin Village successful are scale and a variety of interests and businesses, etc., and Henry Street provides a physical location for a village center to blossom in the Gainsboro neighborhood. He asked that Henry Street not be closed and that the block be used to celebrate the African-American community of Gainsboro. He requested that Council take into consideration that the area provides an entrance to the City which would be better served byavibrant village center than a large and mostly vacant building occupied by the Federal government. Ms. Brenda Allen, 12 Gilmer Avenue, N. E., spoke in support of art, education, history and culture in the development of Henry Street. She called attention to the importance of acknowledging the contributions of all citizens of the Roanoke Valley; a key factor considered by businesses in making a decision to locate in a certain area is diversity and diversity will be retained if the Henry Street area continues to be a cultural district. She added that the proximityofThe Hotel Roanoke and Conference Center will help to stimulate tourism; however, and as guests from The Hotel Roanoke walk through historic Gainsboro, nothing is on display that explains the history of the area or the many contributions of the citizens of Gainsboro. She encouraged the City of Roanoke to embrace diversity by providing a venue for this type of cultural district that will encourage young people to return to the Roanoke Valley following graduation from college. Ms. Annie Krochalis, 9428 Patterson Drive, Bent Mountain, Virginia, Co- Chair, Roanoke Sierra Club Committee on Smart Growth, spoke in support of the remarks made by previous speakers that other sites should be explored for the Social Security Administration office building. She stated that certain Federal Homeland Security demands on the building will include a 50 foot berm and limited public access, which will dramatically alter the historic character of neighborhood revitalization efforts causing a commercial and institutional style to the gateway area of the neighborhood. She further stated that neighborhoods in America, such as the Gainsboro community, continue to deal with the consequences of urban renewal, etc.; and the main purpose of the newGainsboro Neighborhood Plan is to ensure that the community is involved in determining its future and that community goals and interests are reflected in future development. She advised that smart growth redirects investment to existing City neighborhoods thereby enhancing avital urban core; and downtown areas are the calling cards of cities, thus, they require shared space and space that offers cultural statements. She stated that people are attracted to livable communities, to lively downtown areas, to streets that are designed for pedestrians as much as automobiles, and to 217 a scale and pattern of development that allows cities to meet every day needs by walking, all of which are key factors to ensure that cities provide a high quality of life. She indicated that the Gainsboro neighborhood currently includes an historic district, the Roanoke Higher Education Center, and The Hotel Roanoke and Conference Center; and the proposed change to downtown zoning would not reflect community input in land use planning and would not encourage continued development of the neighborhood as a cultural and educational destination. Mr. Thomas Schwendeman, 1098 St. Clair Lane, Vinton; Virginia, advised that a vision was born for the Henry Street area that has brought the community together through culture and performing arts, education, and history; however, the proposed Social Security Administration Office building could change the vision of Gainsboro because it is an inappropriate use for the area. He stated that the building would be better suited in the downtown proper and not on the fringes of downtown; the building under consideration has been located on the fringes of downtown Roanoke for 12 years and has not created any economic development on Henry Street or led to the creation of businesses in the Gainsboro area. He noted that one of the reasons to not construct the Social Security building on asite near the airport was to create a synergy of bringing 200 employees to the heart of the City, and as much as 80 per cent of those persons who transact business at the Social Security office; and any road block that might have prevented locating the facility in downtown Roanoke has been removed and there is now an opportunity to look at downtown proper as a location which will allow Henry Street to become an area for culture, education, history, and the performing arts. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., asked that Council look to the future of Henry Street as a place of learning and engaging in the arts which will attract people of all races, religious background and ethnicity. She referred to the Henry Street of old where people socialized, people gathered, women were respected, men were respectful of women and children, and an area of the City traveled by many people on their way to and from work. She stated that this is the type of vision that is now contemplated for Henry Street that would include culture, education, and history through the Roanoke Higher Education Center, the Dumas Center for the Performing Arts, and the Culinary School all ofwhich will be alegacy for Roanoke's children to be proud of. Dr. Gerald Roller, 1135 Clearfield Road, S. W., expressed opposition to the proposed location of the Social Security Administration office building in the Henry Street area. He expressed concern that the public was not aware of proposed plans to relocate the Social Security Building, other than what was recently reported in the newspaper. He stated that the Social Security building has no relationship to any type of history in Gainsboro and should not be located in an area that has been recognized for its historic significance bythe Commonwealth of Virginia and possible inclusion on the international register of historic places. He questioned the relationship of the Social Security building to the Dr. Martin Luther King,Jr. memorial and park, and added that there are other locations in the City of 218 Roanoke for a Social Security building that would produce more revenue for the City. He referred to the medical historyofthe Gainsboro areawhichwas the home of physicians, dentists, and attorneys prior to desegregation. He advised that he serves as a member of the Medical History Foundation which has a goal of establishing a referral center and a medical artifacts museum on Henry Street; however, if the Social Security building is located on Henry Street, plans may change. He stated that closing the northern end of Henry Street will decrease traffic through the area, therefore, consideration should be given to present buildings such as the Dumas Building, the Culinary School, and the Higher Education Center, etc., which could experience an adverse effect as a result of locating the Social Security building at the site under consideration. He stated that there are other locations in the City of Roanoke where the Social Security Administration office building could be constructed. ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to the renovation of Victory Stadium and the agreement between the City of Roanoke and the Norfolk and Western Railway Company which stipulated that the land would be used for stadium/armory purposes. There being no further business, the Mayor declared the meeting adjourned at 8:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor MINUTES OF ROANOKE CITY AUDIT COMMIq-I'EE October 3, 2005 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 1:12 p.m. on Monday, October 3, 2005, with Chair, Dr. M. Rupert Cutler, presiding. · The roll was called by Mrs. England Audit Committee Members Present: Dr. M. Rupert Cutler, Chair Mayor C. Nelson Harris Vice-Mayor Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Audit Committee Members Absent: Alfred T. Dowe, Jr. Brian J. Wishneff Others Present: Mike Tuck, Assistant Municipal Auditor Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Asst. City Manager for Community Development Jim Grigsby, Acting Asst. City Manager for Operations Mary Parker, City Clerk Bob Bengtson, Director of Public Works Ken King, Manager of Transportation Cheryl Ramsey, Auditor Doris England, Administrative Assistant 2. INTERNAL AUDIT REPORTS: A. Audit Findings Follow Up B. Police Department Cash Funds C. Sheriff's Canteen Fund &Jail Inmate Fund Dr. Cutler ordered that internal audits A through C be received and filed. There were no objections to the order. Dr. Cutler noted that Municipal Auditor, Drew Harmon, was out of town attending an auditor's conference and Assistant Municipal Auditor, Mike Tuck, would be addressing the Audit Committee on his behalf. Dr. Cutler recognized Mr. Tuck for comments on each of the audits beginning with the Audit Findings Follow Up. Audit Committee Minutes - October 3, 2005 Page2 Mr. Tuck explained that the Audit Findings Follow Up is done each year to follow up on all outstanding findings and confirm that each department's action plan is actually completed. This year there were 14 findings to check on; nine of the action plans were completed within the fiscal year. Mr. Tuck stated there were some outstanding issues associated with the remaining five findings. In some instances, significant progress has been made in implementing the actions. All of that information is provided within the audit report. Mr. Tuck asked for any comments or questions related to this audit. Dr. Cutler asked Ms. Burcham if she would like to make some comments as to the progress on these findings that have not cleared. Ms. Burcham said several of these were in progress, as Mr. Tuck noted, but were not completed at the time of the audit. For example, the Civic Center finding states a completion date of December 2005. Upon receiving a copy of this audit, Ms. Burcham stated that she contacted Mina Boyd, who said the Civic Center would be able to comply with this finding by December 2005 and perhaps earlier. In the caseofthe Department of Technology, that department is in the process of complying with the unique log-ins and passwords for E-911. As for Facilities Management, Ms. Burcham stated that the judgment of the department head and others within that department is that they do not have the expertise within their organization to accomplish this action. They recently asked the Department of Management and Budget to consider assigning someone full time to work with this; and if not, Facilities Management will probably have to engage the services of someone on a temporary basis. The department acknowledges that this activity needs to be done, but has had a number of vacancies and just recently reached full staff of its management personnel. Ms. Burcham stated that Ken Cronin is serving as acting director of General Services, and that has given a fresh set of eyes to look at what is going on in that area. Ms. Burcham stated that the one finding that disturbs her is the challenge relating to payroll for part time and temporary staff at Parks and Recreation. This occurs when employees are used in multiple program areas. A solution needs to be found, although progress has been made in that there was only one situation noted in this audit and there were initially a number of situations in the prior audit. She said she is hopeful that Mr. Buschor, in checking with his counterparts, will be able to identify a different approach to this that will be more effective. Ms. Russell asked to address the committee on this subject. She stated that Parks and Recreation had been working with the Department of Technology on a system that will kick out duplications. A trial run has been conducted and was successful. Dr. Cutler asked Mr. Tuck to comment on the Police Department Cash Funds audit. Mr. Tuck explained that this audit is an annual financial audit which is required as part of the accreditation standards for the Police Department. The audit covers the cash funds that the Police Chief maintains custody of and the various fees collected by the department. There were no findings this year, and Municipal Auditing issued an unqualified opinion on the financial statement. Audit Committee Minutes - October 3, 2005 Page 3 Mr. Tuck asked if the committee members had any questions on the audit. There were none. Dr. Cutler asked Mr. Tuck to proceed to the Sheriff's audit. Mr. Tuck stated this was also an annual financial audit, and it is required by the Auditor of Public Accounts that the canteen and inmate funds be audited. The inmate funds are the funds of the inmates that are held in trust by the Sheriff, and the canteen funds are the expenses and commissions that are generated from sales to the inmates. There were no findings on this audit, and Municipal Auditing issued an unqualified opinion on the financial statement. Chairman Cutler asked if there were any further questions regarding the three internal audit reports. There were none. 3. UNFINISHED BUSINESS: There was no unfinished business to come before the committee. 4. NEW BUSINESS: A. Audit Committee Annual Report -June 30, 2005 B. Municipal Auditing Annual Report -June 30, 2005 Dr. Cutler asked Mr. Tuck if the school engagement letter, referred to on page two of the Audit Committee Annual Report, was a part of the continuing relationship with the schools. He also asked how the Municipal Auditor's relationship with Roanoke Public Schools would be described. Mr. Tuck stated the engagement letter serves as a contractual agreement between Municipal Auditing and the school system. He further stated that this year Municipal Auditing is working on an audit charter with the school system that will be discussed and voted upon at the next school audit committee meeting on October 11,2005. Mr. Fitzpatrick asked what an audit charter was. Mr. Tuck stated the charter more specifically delineates the department's authority within the organization and the responsibilities of the school audit committee as well as the audit department. Dr. Cutler stated he hoped we maintained a strong relationship with the school audit committee. Chairman Cutler introduced the Municipal Auditing Annual Report as the next item on the agenda. He noted that the numbers under the headers of Budget and Actual refer to the number of hours budgeted for an audit and the number of hours it actually took to complete the audit. Dr. Cutler stated there were a number of zeros under the header column of Actual on page two of the report. These numbers indicate that Municipal Auditing was unable to get to those audits as had been planned. Dr. Cutler asked Mr. Tuck to comment on the staffing situation within the department. Mr. Tuck stated there was some staffing turnover in the prior year that contributed to the inability to get to Audit Committee Minutes - October 3, 2005 Page 4 those audits; and another auditor has recently left the city's employment, which will impact the audit plan for this year. Municipal Auditing is currently advertising this position and hopes to fill the position soon. Mr. Tuck stated that just last week another auditor went on maternity leave, and because of having prior knowledge, this was taken into consideration in planning this year's audits. Another factor that contributed to not getting to the audits as planned last fiscal year was because Municipal Auditing consciously decided to invest a lot of time in the implementation of the Advantage 3 financial system. Mr. Tuck stated it was felt this would be a significant long-term benefit to the office since it would provide exposure to the security setup, the departmental processes involved, and the overall system setup. This financial system is a major system, and it is very key to the audit environment so it was considered to be worthwhile. There were up to three staff members working on Advantage 3 toward the end of that project. Dr. Cutler asked Mr. Hall about the status of the Advantage 3 project. Mr. Hall stated his project group had met twice with the company representatives, and the company is preparing a plan for either an implementation in February or March, or at the beginning of the upcoming fiscal year. Mr. Hall said it is incumbent on the company, AMS, to prepare a plan that will have few glitches and be ready to go. Mr. Hall stated that even though he dislikes the delay, he wants to be thoroughly convinced the implementation will go well before scheduling it again. Ms. Burcham stated that when the system implementation failed, it was originally decided to wait an entire fiscal year because of other things programmed to be done throughout the year. She stated the vendor is pushing for an earlier implementation because it affects that company's ability to market this product to other organizations and communities. However, Ms. Burcham stated that unless the city can be convinced, it will not take a chance on implementation in any portion of the year, but would rather wait until the beginning of the fiscal year. Dr. Cutler asked Mr. Hackworth if he had checked to see if the city might recover any costs it may have incurred. Mr. Hackworth stated he had looked into the matter and the city could not recover costs because of the way the contract was conceived and entered into. It was a partnership arrangement and the city was not guaranteed deliverables by a certain date. It would be very difficult to extract anything from the vendor in this case. Dr. Cutler asked if Mr. Hackworth would have preferred the contract to be written in a different way. Mr. Hackworth replied he would. He had recommended some things that were not put in the contract and was assured the city would not have a problem. However, there was a problem; and the things he would have liked to have been in the contract were not there. Mr. Hall responded that the software vendor made concessions on doing additional work that was originally to be performed by internal staff. The vendor has agreed to do those functions, and that will commit more manpower to help assure that the project will be successful. He said he did not know how to put a dollar value on what it cost the city because Audit Committee Minutes - October 3, 2005 Page 5 it did not go live last July, but the vendor is committing more hours than was in the original contract to do work that city employees were scheduled to do. Therefore, the vendor is making some concessions. Dr. Cutler asked for any questions or comments on any other issue within the report. There were none. 5. OTHER BUSINESS: A. N.A.L.G.A. Peer Review of City of Roanoke Municipal Auditing B. Letter from the Auditor of Public Accounts Chairman Cutler stated the National Association of Local Government Auditors conducted a peer review audit of the city's auditing department and gave the department a clean bill of health. He quoted the following from the letter issued by the peer review team, "Based on the results of our review, it is our opinion that the City of Roanoke's internal quality control system was suitably designed and operating effectively to provide reasonable assurance of compliance with Government Auditing Standards for audits and attestation engagements during the period of May 18, 2002 through June 30, 2005." Dr. Cutler stated he felt the Audit Committee should be pleased that the city's auditing staff are members of the National Association of Local Government Auditors and that the Municipal Auditor is serving as a peer reviewer of other cities and learning from other cities how they do their auditing business. He congratulated the auditing department on receiving a clean letter. Dr. Cutler stated the city had received a similar letter from the State Auditor of Public Accounts which read, "We have reviewed the Commonwealth collections and remittances of the Treasurer, Commissioner of the Revenue, Sheriff, and Commonwealth's Attorney of the City of Roanoke for the year ended June 30, 2005. The results of our tests found the constitutional officers complied, in all material respects, with state laws, regulations and other procedures relating to the receipt, disbursement and custody of state funds." The constitutional officers also received a clean letter. Chairman Cutler stated the preceding two letters will be received and filed. He asked Mr. Tuck for any comments on these letters. Mr. Tuck stated the peer review is a requirement of the Government Auditing Standards, which are followed by the Municipal Auditing department. This is required to be done every three years. Mr. Tuck stated his office had undergone the peer review process five times now. Across the country, not a lot of communities have had that many peer reviews, which is a good process. There was one management comment that involved the Advantage 3 implementation. Municipal Auditing has responded to that, as is indicated in the attachment to the report. Going forward, Municipal Auditing will need to evaluate the work that it does in those areas to make sure there are no conflicts of interest. There are processes in place to ensure that. Dr. Cutler asked if this was a division of labor so that Audit Committee Minutes - October 3, 2005 Page 6 Municipal Auditing can criticize something without having been involved in it, and Mr. Tuck responded that it was. Chairman Cutler asked it there were any questions from the members of the committee. There were none. 6. ADJOURNMENT: There being no further business, the meeting was adjourned at 1:33 p.m. M. Rupert Cutler, Chair C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.W.. ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1 November 11, 2005 File #110-467 Ms. Mornique E. Smith 2076 Dansbury Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: Your resignation as a member of the Roanoke Redevelopment and Housing Authority, effective September 4, 2005, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Redevelopment and Housing Authority from October 18, 2004 to September 4, 2005. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. With kindest regards, I am Sincerely, C. Nelson Harris Mayor CNH:MFP:ew Enclosure pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, p. O. Box 6459, Roanoke, Virginia 24017-0359 Mary F. Parker, CMC, City Clerk ROANOKE ~ REDEVELOPMENT AND HOUSING AUTHORITY Partners in Progress RECEIVED OCT 11 2{)05 MAYOR'S OFFICE October 10, 2005 The Honorable C. Nelson Harris and Members of City Council 215 Church Avenue, SW Room 452 Roanoke, VA 24011 Dear Mayor Harris and Members of City Council: Mornique E. Smith has resigned as a member of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority effective September 4, 2005. She has informed us that due to her full schedule she does not have the time needed to fulfill her duties as a Commissioner. Ms. Smith was appointed to the Board in October of 2004 and was serving her first term which will expire in August of 2008. Sincerely, Executive Director Copy to: Ben J. Fink, Chairman 2624 Salem Turnpike N.W. I Roanoke, Virginia 24017 I PO Box 6359 wwwiamrrha.org j (540) 983 9281 I (540) 983-9229 Fax CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk November 10, 2005 Sheila N. Hartman Assistant City Clerk File #15-110-192 Linda Vaught Secretary Roanoke Civic Center Commission Dear Ms. Vaught: This is to advise you that Paul P. Anderson and Brownie E. Polly have qualified as members of the Roanoke Civic Center Commission for terms ending September 30, 2008. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Thomas G. Powers, Chair, Roanoke Civic Center Commission, 329 Darwin Road, S. W., Roanoke, Virginia 24014 Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paul P. Anderson, 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 Civic Center Commission, for a term ending September 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this~'~ day of ~2~--2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:~oath and leaving service~roa civic center commission\Paul p Anderson oath 05.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: i, Brownie E. Polly, 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 Civic Center Commission, for a term ending September 30, 2008, according to the best of my ability (So help me God). BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT CLERK MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, VLrginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanok¢.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk November 9, 2005 File #15-110-526 Shelia Smith, Project Manager Virginia's First Regional Industrial Facility Authority 6580 Valley Center Drive Box 21 Radford, Virginia 24141 Dear Ms. Smith: This is to advise you that R. Brian Townsend has qualified as a City of Roanoke representative to Virginia's First Regional Industrial Facility Authority, to fill the unexpired term of Elizabeth Neu, ending June 30, 2006. Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, R. Brian Townsend, 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 City of Roanoke representative to Virginia's First Regional Industrial Facility Authority, to fill the unexpired term of Elizabeth Neu ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this./ day of~i'~ , 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jason E. Bingham, 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 an~ impartially discharge and perform all the duties incumbent upon me as a Member of the Roanoke City School Board, to fill the unexpired term of Gloria P. Manns, resigned, ending June 30, 2006, according to the .best of my ability. J o~:k~. Bingham Subscribed and sworn to before me this _~ay of ~"~;~ 2005. Judge, Twenty-Third Judicial Circuit A COPY TESTE BRENDA S. HAMILTON, CLERK Bye. ~eputy Clerk L:\CLER K\DATA\CKEW I\oalh and leaving service\Schoal Board~dason Bin_oham letter.dt)c IVlARY E 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-t145 E-mail: clerk @ ci.roanoke.va.us November 9, 2005 File #15-110-207 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Dennis R. Cronk, Chair Industrial Development Authority c/o Poe and Cronk Real Estate Group, Inc. 10 South Jefferson Street 1200 Wachovia Tower 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 for a term ending October 20, 2009. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving service\INDUSTRIAL DEV AUTHORITY~Revercomb qualification 08 - 09.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stuart H. ReYercomb, 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, for a term commencing October 21, 2005, and ending October 20, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this l~ day of~o05. BRENDA S. HAMILTON, CLERK 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 November 10, 2005 File #22-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37229-110705 appropriating $15,000.00 in connection with the Get Alarmed, Virginia! Grant, and amending and reordaining certain sections of the 2005-2006 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, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget James L. Grigsby, Acting Assistant City Manager for Operations David Hoback, Acting Chief, Fire-EMS K:~AGENDA CORRESPONDENCE~agenda correspondence 05~lov 05~lov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of November, 2005. No. 37229-110705. AN ORDINANCE appropriating funds for the Get Alarmed, Virginia! Grant, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Wages FICA Advertising Supplies Revenues Get Alarmed Virginia Grant 035-520-3200-1002 035-520-3200-1120 035-520-3200-2015 035-520-3200-2066 035-520-3200-3200 $11,612 888 500 2,00O 15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk November 10, 2005 Sheila N. Hartman Assistant City Clerk File #22-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37230-:[10705 authorizing acceptance of the Get Alarmed, Virginia! Grant from the U. S. Centers for Disease Control and Prevention and the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City, as more fully set forth in aletter from the City Manager addressed to the Council under date of November 7, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, and is in full force and effect upon its passage. MFP:ew Mary F. Parker, CMC City Clerk Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget James L. Grigsby, Acting Assistant City Manager for Operations David Hoback, Acting Chief, Fire-EMS K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Nov 05~lov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of November, 2005. No. 37230-110705. A RESOLUTION authorizing the acceptance of the Get Alarmed, Virginia! Grant from the U.S. Centers for Disease Control and Prevention and the Virginia Departmem of Health, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Centers for Disease Control and Prevention and the Virginia Department of Health the G-~ Manned, Virginia! Grant in the amount of $15,000.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager to Council, dated November 7, 2005. 2. The City Manager is hereby authorized to execute and ftc, on behalf of the City, any documents setting forth the conditions of the Get Alarmed, Virginia! Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the U.S. Cemers for Disease Control and Prevention and the Virginia Departmem of Health. City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roat, okeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: "Get Alarmed, Virginia Grant Acceptance Background: In 2001, Roanoke Fire-EMS was awarded the "Get Alarmed, Virginia!" Grant. This is a state-secured federal grant from the U.S. Centers for Disease Control and Prevention and the Virginia Department of Health. The Get Alarmed, Virginia! Program has been credited with saving the lives of more than 66 men, women and children across the Commonwealth of Virginia and also is credited with preventing millions of dollars in property loss. According to the National Safe Kids Campaign, every dollar spent on a smoke alarm, prevents $21 worth of loss. This is a 2,100 percent return on investment. This grant provides smoke detectors to fire departments and other local agencies to disperse to citizens in need. Considerations: In September, 2005 Roanoke Fire-EMS was once again awarded the Get Alarmed, Virginia! Grant. The program focuses on installing smoke detectors in the homes of families that have children under the age of 5 and in homes that have elderly residents over the age of 65 living in them. The reason being - these age groups are more likely to die in a house fire. This year the grant is Mayor Harris and Members of City Council November 7, 2005 Page 2 focusing not only on fire prevention, but also on fall prevention for the elderly. This grant is providing the Roanoke Fire-EMS Department with: 3,000 smoke detectors with 10-year lithium batteries, bath mats, night lights, oven mitts, educational brochures covering fall and fire prevention and grant funds totaling $15,000. The grant funds are reimbursable, meaning, Roanoke Fire-EMS will pay for items needed to implement the program (ex: ladders, drills, salaries, other educational material & media promotion) and then will be reimbursed by the grant funds. Recommended Action: Authorize acceptance of the grant award and authorize the City Manager to execute the required grant agreement and contract and any other related documents approved as to form by the City Attorney. Adopt the accompanying budget ordinance establishing a revenue estimate in the amount of $15,000 and appropriating funding in the same amount to accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, e L. B¢~'cham City Manage~/ DLB:tb C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Acting Assistant City Manager, Operations CM05-00157 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 November 10, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. IIARTMAN Assistant City Clerk File #77 Leo H. Rutledge, Jr. 'Urban Program Manager Department of Transportation 1401 East Broad Street Richmond, Virginia 232:19 Dear Mr. Rutledge: I am enclosing copy of Resolution No. 37231-110705 concurring in the programming of new projects in the City of Roanoke's Six-Year Improvement Program FY 2007-2012, as more fully set forth in a letter from the City Manager addressed to the Council under date of November 7, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Manager, Division of Transportation K:~AGENDA CORRESPONDENCE~agenda correspondence 05\Nov 05~lov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37231-110705. A RESOLUTION concurring in the programming of new projects in the City of Roanoke's Six-Year Improvement Program FY 2007 - 2012 ("SYIP"). WHEREAS, state and local agencies must continually develop long range transportation plans as required by the Federal Highway Act of 1962; WHEREAS, current projects in the SYIP are now fully funded or will be fully funded in FY 2007 and projected funding available to the City of Roanoke over the next six year period is $23,694,000; WHEREAS, the SYIP requires a local match representing two percent of local project costs over the six year period and these matching funds are budgeted; and WHEREAS, the Virginia Department of Transportation is seeking the City's concurrence in the programming of new projects in the City ofRoanoke's SYIP. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the programming of new projects in the City of Roanoke's Six-Year Improvement Program FY 2007 - 2012 ("SYIP") for consideration by the Virginia Department of Transportation ("VDOT') and recommendation to the Commonwealth Transportation Board, as set forth in the City Manager's letter dated November 7, 2005, to City Council, and its attachments. 2. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 C!~urch Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 l~ax: (540) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: VDOT Project Resolution Additions to Six-Year Improvement Program FY2007-2012 Background: The Virginia Department of Transportation (VDOT) has advised the City of Roanoke that funds are projected to be available for programming new projects in the FY2007-2012 Six-Year Improvement Program (SYIP.) This projection is based upon the funding status of projects in the current SYIP. Current SYIP projects including the 10® Street Improvements, the Wonju Street Extension project, and the Hollins Road/ 13th Street extension are now fully funded projects or will be fully funded in FY07. Projected funding available to the City of Roanoke over the next six year period is $23,694,000. The Virginia Department of Transportation requires a City Council resolution documenting the City's support of projects in advance of placing the projects in the SYIP. Projects proposed for addition to the SYIP must be included in the Long-Range Transportation Plan (LRTP,) which Council previously approved on October 23, 2003. Based upon public comments received during preparation of the LRTP and the SYIP, identified transportation needs, and projected funding, the following projects are recommended for addition into the FY2007-2012 SYIP: · Campbell Avenue · Colonial Avenue Honorable Mayor and Members of City Council November 7, 2005 Page 2 · Elm Avenue · Norfolk Avenue · Orange Avenue · Intersection and Miscellaneous Spot Improvements · Mobility and Accessibility Improvements · Signal & ITS Improvements · Transit Improvements Additional information can be found in the attached spreadsheet. The City's request to add projects to the SYIP must be submitted to VDOT no later than December 1, 2005. VDOT will consider this request and make a recommendation to the Commonwealth Transportation Board. The Board is expected to take action on this request in the spring of 2006 and the final SYIP should be announced in the summer of 2006. The provisions of the SYIP require the City to provide a local match representing two percent of total project costs. Two percent of the $23,694,000 program cost is $473,880, which will be required over the six year period. Funding of $310,000 is budgeted annually by the City for transportation needs and will be adequate to cover this required local match. Recommendation: City Council adopt the accompanying resolution in support of the addition of these projects to the FY2007-2012 SYIP. Darlene L. Burc~am City Manager DLB/MDJ/gpe 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 Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E., Manager, Division of Transportation CM05-00165 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 November i0, 2005 File #24-178 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37232-110705 amending Section 16-152, Exceptions from article. Division 1, Generally, of Article III, Fair Housing Administration, of Chapter 16, Human Riqhts, of the Code of the City of Roanoke (1979), as amended, by the addition of subsection (8) to clarify that housing specifically for older persons is permitted in the City, in accordance with state and federal laws. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment K:~AGENDA CORRESPONDENCE~3genda correspondence 05\Nov 05~lov 7 05 correspondence.doc Darlene L. Burcham November 10, 2005 Page 2 pc: The Honorable Virgima The Honorable Virgima The Honorable Virgima The Honorable Virgima Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Charles N. Dorsey, Judge, Twenty-Third judicial Circuit of The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable JosePh M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Ford Weber, Director of Housing and Neighborhood Services Angle Williamson, Housing Development Specialist Nancy F. Canova, Chair, Fair Housing Board, 2265 Sewell Lane, S. W., Roanoke, Virginia 24015 K:~AGENDA CORRESPONDENCE~agenda correspondence 05\Nov 05Wov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37232-110705.. AN ORDINANCE amending Section 16-152, Ex__~ptions from article, of Division 1, Generally, of Article III, Fair Housing Administration, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended, by the addition of subsection (8), to clarify that housing specifically for older persons is permitted in the City, in accordance with state and federal laws; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 16-152, Exceptions from article, of Division 1, Generally, of Article III, Fair Housing Administration, of Chapter 16, ~, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of subsection (8): Sec. 16-152. Exc_.~ions from article (8) Nothing contained in this article shall: Prohibit, limit, or in any way abridge the rights and remedies afforded housing for older persons, as defined herein and in accordance with the Federal Fair Housing Act of 1968, as amended, and the Virginia Fair Housing Law, as amended. title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by City Clerk~ ~;-. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva,gov November 7, 2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Fair Housing Ordinance Amendment On March 1,2004, City Council amended and reordained Division 1, Generally, and Division 2, Fair Housing Board, of Article III, Fair Housing Administration, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979) as amended, by adding certain definitions and certain sections to effect amendments to the City's fair housing ordinance to be consistent with current Federal and State fair housing regulations, and to revise the responsibilities of the Fair Housing Board. Since the City's Fair Housing ordinance was first enacted in March 1973, prior to enactment of the federal and state fair housing regulations, age has been recognized as a protected class in the City. While the federal and state regulations do not recognize age as a protected class (both the federal and state fair housing regulations include "elderliness" as a protected class which applies to anyone over fifty five years of age), the City of Roanoke opted to retain age as and include "elderliness" as protected classes during its recent amendment of the ordinance. Housing for older persons is specifically allowed under the federal and state fair housing regulations. However, the inclusion and retention of "age" as a protected class in the City's fair housing ordinance unintentionally prohibits the establishment of housing communities for older persons in the City. While the Mayor Harris and Members of City Council November 7, 2005 Page 2 recent amendment to the City's fair housing ordinance included adding a definition for "housing for older persons" tl~at was consistent with the federal and state definition, that definition was included because the state and federal regulations recognize "housing for older persons" as a permitted exception to "familial status." Familial status is a protected class which prohibits housing discrimination against persons with children under the age of eighteen and was added to the City ordinance during the recent amendment. Inclusion of this definition by itself in the City ordinance is not sufficient to indicate the allowance of housing for older persons in the City. The Fair Housing Board recommends that the City fair housing ordinance be further amended to allow for "housing for older persons" in accordance with federal and state regulations. Recommended Action(s): City Council adopt an ordinance amending Section 16-1 52 "Exceptions from article" of Division 1, Generally, of Article III, Fair Housing Administration, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979) as amended, by the addition of a provision to allow housing for older persons in accordance with state and federal law. Respectfully submittedl Darlene L. B~Ircham City Manag~'r 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 Ford Weber, Director of Housing and Neighborhood Services Angle Williamson, Housing Development Specialist CM05-00159 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk November 10, 2005 Sheila N. Hartman Assistant City Clerk File #32-289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: lam attaching copy of Resolution No. 37233-110705 amending and adding certain fees and charges with regard to building inspections division permit fees, and amending the Fee Compendium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, to be effective on and after November 16, 2005. MFP:ew Sincerely, Mary F. Parker, CMC City Clerk Attachment pc.' Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Nov 05\Nov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37233-110705. A RESOLUTION amending and adding certain fees and charges with regard to building inspections division permit fees, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that pursuant to Section 1 I0 of the Virginia Uniform Statewide Building Code (2000 edition), as amended, and Section 7-5 of the Code of the City of Roanoke (1979), as amended, adopting the Virginia Uniform Statewide Building Code (2000 edition), as amended, the following fees are hereby established: 1. Permit Fees. Type Permit Total Valuation Fee Combination, Building, $0.01 to $1000 $45 Electrical, Plumbing, $1000.01 to $50,000 $45 for the first $1000 plus $5 Mechanical, Gas, for each additional thousand or Elevator, Tanks, Fire fraction thereof, to and Suppression Systems, including $50,000. Alarm Systems, $50,000.01 to $100, 000 $290 for the first $50,000 plus Demolition, Utility $4 for each additional thousand Commercial or fraction' thereof, to and including, $100,000. $100,000.01 to $250,000 $490 for the first $100, 000 plus $3.50 for each additional thousand or fraction thereof, to and including; $250,000. $250,000.01 to $500,000 $1,015 for the first $250,000 plus $3.25 for each additional thousand, to and including $500,000. $500,000.01 and up $1,827.50 for the first $500,000 plus $3. O0 for each additional thousand. 2. Plan Review. 14Zhen the details of proposed construction requires a plan to be submitted to the Building Commissioner, a Plan Review Fee shah be paid to the Inspections Division at the time of submission of the plans and specifications for review. The Plan Review Fee shaH be equal to one-tenth (l O%) of the K:\CITY CLERK~NOVEMBER 7, 2005~.-FEES-BU1LDING DEPARTMENT I 10705.DOC building permit fee as shown in this schedule. The Plan Review Fee may be revised during the technical reviewprocess and the Plan Review Fee is in addition to thepermit fee. Siteplan review fees as required by applicable Zoning Ordinance regulations may also apply to some projects. 3. Permit Cancellation Fee. In the case of a revocation of a permit or abandonment or discontinuance of a buildingproject, refunds for the portion of the work that was not completed will be made after written application to the Building Commissioner. An inspection of the site may be required to determine the status of the work. Calculations for the percentage of work complete and amount of refund will be made by the Building Commissioner. g minimum fee of $90.00 will be retained by the City from each permit to cover the administrative costs for issuance and cancellation of the permit and inspection of the site. For total permit fees less than $90.00, no refund will be made. 4. Building Moving Fee. $ 100.00 5. Commencing Construction without Permit Fee. Any person who commences any work for which a permit is required, prior to obtaining the permit, shall pay a sum equal to twice the normal permit fee up to a maximum of $250. O0 and payment thereof shall not relieve such person from prosecution as described in Title 36, Chapter 6, Section 106 of the Code of Virginia for violating the building code by commencing work without the permit. Emergency repairs are not subject to this fee, if guidelines in the Virginia Uniform Statewide Building Code are followed. 6. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended and new fees. 7. Resohition No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 8. The fees established by this Resolution shall remain in effect until amended by this Council. This Resolution shall be in full force and effect on November 16, 2005. ATTEST:~ ~ --'~' City Clerk. K:\CITY CLERKXNOVEMBER 7, 2005\R-FEES-BUILDING DEPARTMENT 110705.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov November 7, 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: Amendment of Certain Fees and Charges with regard to the Building Inspections Division Permit Fees Background: The fee compendium of the City of Roanoke as maintained by the Director of Finance was authorized and approved by the City Council by Resolution No. 32412-032795 and adopted and effective on March 27, 1995. This fee compendium is the basis for the fees charged for all construction-related permits issued through the Building Inspections Division of the Department of Planning Building and Economic Development. Consideration: The Building Inspections Division currently uses a multiple permit system in which each trade involved in a building project obtains a separate permit for its portion of the work. The Division recommends adoption of a combination permit system to replace the one currently in existence whereby one all- inclusive permit will be issued for each project. This will streamline the permitting process and will improve the ability to monitor a project. As part of this change, we are recommending adjustments to the Building Inspections fees as outlined in the fee schedule. The net effect of the changes in fees will result in a decrease of 4.75% in building-related fees. It should be noted that FY'06 Mayor Harris and Members of City Council November 7, 2005 Page 2 Building Inspection-related revenues are still projected to meet their revenue estimates due to the positive volume of permits which will offset fee decreases. Recommended Action: Adopt the accompanying resolution to amend the Building Inspections fees. Respectfully submitted, , City Manager ~ DLB:kc C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Rolanda Russell, Assistant City Manager for Community Development Brian Townsend, Director, Planning Building and Economic Development CM05-00168 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 10, 2005 File #169-277 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager 'Roanoke, Virginia Dear Ms. Burcham: I am attaching copyofOrdinance No. 37234-110705 amending and reordainingthe Code of the City of Roanoke (1979), as amended, by adding a new Article IV, Horse- Drawn Vehicle~, to Chapter 34, Vehicles for Hire. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach merit K:~AGENDA CORRESPONDENCE~agenda correspondence 05~Nov 05~lov 7 05 correspondence.doc Darlene L. Burcham November 10, 2005 Page 2 pc: The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi,Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney K:~AGENDA CORRESPONDENCE~agenda correspondence 05'u~lov 05ff'~ov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of November, 2005. No. 37234-110705. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Article IV, Horse-Drawn Vehicles, to Chapter 34, Vehicles for Hire; and dispensing with the second reading by title of this ordinance. BE 1T ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to add a new Article IV, Horse-Drawn Vehicles, to Chapter 34, Vehicles for Hire, to read and provide as follows: ARTICLE IV. HORSE-DRA Wig VEHICLES Sec. 34-135. Authority for and purpose of article. This article is adopted under the general police powers granted to the city by its charter and general law. It is not intended hereby to grant or offer any franchise, but it is intended to regulate the operation of horse-drawn vehicles in the city. Sec. 34-136. Compliance with article generally. The operation of horse-drawn vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this article, and it shall be unlawful to operate or cause to be operated in the city for hire any horse-drawn vehicle, unless the conditions, regulations and restrictions prescribed in this article are complied with. Sec. 34-137. Rules and regulations of city manager. The city manager is authorized and directed to make and enforce such rules and regulations, not in conflict with the provisions of this article, as the city manager may deem proper to regulate the operation of horse-drawn vehicles in the city; provided, that no such regulation shall be made or enforced in conflict with this code. Such regulations shall address the following, but are not limited to: (I ) Routes, and when and where and under what conditions horse- drawn vehicles shall be allowed to operate in the city. K:XMeasuresXcode amendment to add horse drawn vehicles.doc 1 (2) (3) Types, conditions, equipping, and required safety equipment for horse-drawn vehicle. Regulations regarding the horses which may be used and their care, health, safety, and welfare. Sec. 34-138. License required. No person shall engage in the business of operating horse-drawn vehicles for hire on any street in the city without having obtained from the city manager a permit to operate such business. No business license for such a business shall be issued unless and until such permit has been issued. Sec. 34-139. Filing and contents of application. Application for a permit required by this article shall be filed with the city manager and shall set forth: (1) The name and address of the applicant. (2) The trade name under which the applicant does or proposes to do business. (3) Where the horse-drawn vehicles will be kept when not in use. (4) The number of horse-drawn vehicles the applicant desires to operate. (5) Whether the applicant has been convicted ora violation of any federal, state or municipal law. (6) An agreement or stipulation that the applicant will operate and continue to operate during the period of time the permit shall remain in effect in accordance with applicable laws and regulations, as the same may, from time to time, be amended. (7) Any other information required by the city manager. Sec. 34-140. Licensing procedure. Upon presentation of a permit issued pursuant to this article, within thirty (30) days of its issuance, and satisfactory evidence that all license fees have been paid to the city treasurer and that the insurance poli~y or bond required by section 34-141 has been duly filed, the commissioner of revenue shall issue to the applicant a license for each and every horse-drawn vehicle specified in such permit; provided, however, that any such permit shall be effective until cancelled, and no additional permit shall be required for the purpose of obtaining licenses, so long as the original permit remains in effect. Sec. 34-141. Liability insurance or bond. (a) No horse-drawn vehicle shall be operated or license issued therefore unless the owner has filed with the city manager a liability insurance policy issued by an insurance company authorized to do business in the state, providing for liability insurance with a combined single limit which shall equal or K:'vMeasur~sk:odc amendment to add ho~c drawn vehicles.doc 2 (b) (c) (d) exceed the sum of one hundred twenty-five thousand dollars (SI 25,000. 00). In lieu of the insurance policy referred to in subsection (a) above, the owner of a horse-drawn vehicle may deposit its bond on which a surety company authorized to do business in the state is obligated, naming the city as obligee and insuring persons who may be injured or whose property may be damaged by the operation of such horse-drawn vehicle, in the same amount, and conditioned that action may be brought thereon by any person so damaged against the surety company for the amount of such damage, up to the amount named therein. The insurance policy or bond provided for in this section shall be subject to the approval of the city manager. The policy of insurance or bond deposited pursuant to this section shall contain a clause obligating the company issuing the same to give twenty (20) days' notice in writing to the city manager before cancellation thereof The license for the operation of such horse-drawn vehicle shall expire upon the lapse or termination of such policy or bond, subject to reinstatement upon compliance with the provisions hereinabove contained, but such cancellation shall not relieve the insurance or surety company of liability for any injury happening before such cancellation becomes effective. Sec. 34-142. (a) (b) Investigation of and hearing on application; determination of cit~ manager; issuance; appeals. The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, as to each application for permit, and shall determine whether or not the applicant is a person of suitable character and qualifications to conduct such business. In determining this latter question, the city manager may investigate the fitness of the officers and stockholders of any corporation making such application. If the city manager determines that the applicant has met all applicable requirements of this article and that the applicant is fit to provide such horse-drawn vehicle service, the city manager shall issue a permit indicating the maximum number of such vehicles which may be placed into operation by the owner. Any applicant who is denied a permit or any person whose permit has been suspended or revoked may appeal such denial by filing a written notice of appeal pursuant to the provisions of§34-99. K:~vleasuresk:od¢ amendment to add horse drawn vehicles.doc 3 Sec. 34-143. ia) (h) Suspension or Revocation. A permit issued under the provisions of this article may be revoked or suspended for a specified period of time by the city manager if the holder thereof has violated any of the provisions of this article or any ordinance of the city or any federal or state law, the violation of which reflects unfavorably on the fitness of the holder of the permit to offer service. Prior to suspension or revocation, the holder shall be given reasonable notice of the proposed action to be taken and shall have an opportunity to present to the city manager evidence as to why the permit should not be revoked or suspended. Sec. 34-144. Stopping in street; interfering with traffic. No driver of any horse-drawn vehicle shall stop, load, or unload any passengers in the intersection of any streets or on any crosswalk. No such vehicle shall in any way impede or interfere with the orderly flow of traffic on the streets. Sec. 34-145. Diapering apparatus required. It shall be unlawful for any person, firm, corporation or other entity to utilize any horse for the purpose of pulling any vehicle on city streets unless such horse is equipped with diapering apparatus that prevents the droppings of such horse from being deposited or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation or other entity utilizing any horse for the purpose of pulling a vehicle to see that the diapering apparatus is maintained in working order. Sec. 34-146. Vehicle stands. The city manager may cause to be designated stands for horse-drawn vehicles at such places within the city as, in the city manager's judgment, will best serve the convenience and necessity of the public. Sec. 34-147. Records of trips. Accurate records of all calls or trips made by horse-drawn vehicles, the time of beginning and ending of such trips and the fares collected therefore shall be kept and such records shall be available for the inspection and use oft he police department for official purposes only, and for the inspection of the director of finance for official purposes only. Sec. 34-148. Driver's license. No person shall operate a horse-drawn vehicle on the streets of the city unless and until they have obtained from the city manager a special license to be known as a "horse-drawn vehicle operator's K:Wleasu~es~code amendmen! lo add home drawn vehicles.doc 4 license". The procedure and requirements for obtaining such a license shall be as set out in §34-110, et seq. of this code. Sec. 34-149. Fees. The fee for a permit to operate a horse-drawn vehicle business in the city shall be $45.00. The fee for a horse-drawn vehicle operator's license shall be $20.00. Sec. 34-150. Violations of article generally. Any violation of any of the provisions of this article shall constitute a Class 3 misdemeanor. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST City Clerk. K:Wleasu~es~code arm:ndment to add horse drawn vehicles.doc 5 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Horse-Drawn Vehicle Ordinance The city has been approached by a private carriage company to facilitate a horse-drawn carriage service for the downtown area. Downtown Roanoke, Inc. (DRI) has met with the vender and supports the establishment of this type of service which can help draw visitors into the downtown area and can be a value added experience to their visit. An ordinance has been drafted which will provide some control and structure to the carriage operators. Included in the ordinance is the permit fee structure of $45 to operate a horse-drawn vehicle business and $20 for a horse-drawn vehicle operator's business. The area for normal carriage operations will be bordered by Salem Avenue on the north, Third Street on the west, Church Avenue on the south and Williamson Road on the east. There may be occasion when operating outside the normal geographical area is permissible to facilitate special events or requests, for example, at Hotel Roanoke and surrounding area. Mayor Harris and Members of City Council November 7, 2005 Page 2 Recommended Action: Adopt the attached ordinance which permits and provides some oversight to a horse-drawn vehicle service in the downtown area. Respectfully submitted, Darlene L. B~/rcl~am City Manage~ DLB:sm C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney CM05-00161 CITY OE 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 November 10, 2005 File #5-32-60 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37235-110705 authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley for additional professional services for the Police Building, Phase II Project, as more fully set forth in a letter from the City Manager addressed to the Council under date of November 7, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach ment K:~AGENDA CORRESPON DENCE~agenda'correspondence 05~lov 05~lov 7 05 correspondence.dcc Darlene L. Burcham November 10, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police Philip C. Schirmer, City Engineer K:~AGENDA CORRESPONDENCE,agenda correspondence 05\Nov 05Wov 7 05 correspondence.doc IN THE COUNCIL OF TI~ CITY OF ROANOKE, VIRGINIA The 7th day of November, 2005. No. 37235-110705.. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley for additional professional services for the Police Building, Phase Il Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley, for additional professional services for the Police Building, Phase II Project, all as more fully set forth in the City Manager's letter to this Council dated November 7, 2005. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not will not exceed an additional $40,000.00, all as set forth in the above letter. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: ww*v.roanokeva.gov November 7, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject:Police Building, Phase II Proposal No. 02-01-16 Amendments to Architect's Contract On February 13, 2003, the City of Roanoke signed a Contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley (Architect) for the design and construction administration for the Police Building, Phase II. A construction contract was awarded to J.M. Turner & Company, Incorporated (Contractor), on June 29, 2004, with a Notice to Proceed date of August 16, 2004, and a completion date of October 10, 200S. The Contractor has requested two time extensions, and the City has granted a total of 27 consecutive days, which extends the completion date to November 6, 2005. However, additional time to complete the project will be needed. Such additional time to complete the project requires additional construction administration services. An amendment to the Architect's contract is needed to pay for such additional services. The cost for such additional services is anticipated to be no more than $40,000, based on rates in the base Contract. The total anticipated architectural/engineering fee is within a reasonable range of 8-9% of total construction cost. Council was previously informed of early changes to the project which led to an increase in the construction budget and required additional services from the Mayor Harris and Members of City Council November 7, 2005 Page 2 Architect, which were provided for in two amendments. These two amendments increased the Architect's Contract by $74,570.80, or 21.6% of the original fee of $345,000. There have also been several other minor amendments to the Architect's Contract. Council authorization is needed to pay for the above additional services because such additional services, when combined with prior amendments, will exceed 25% of the original contract amount. City staff is negotiating with the Contractor to define the additional time it will take to complete the project and to determine if credits and/or liquidated damages are due from the Contractor to the City. It is anticipated that the City will realize some amount of credits or liquidated damages from these negotiations and any such amounts would offset the additional A/E construction phase services. Funding is available in account number 008-530-9567, "Police Building Design - Phase I1" to fund the proposed amendments. Recommended Action: Authorize the City Manager to execute additional amendments to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley (Architect) not to exceed $40,000 for additional professional services needed to complete the project. Respectfully submitted, City Manager DLB:BDL:dps C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Philip C. Schirmer, PE, LS, City Engineer CM05-00164 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 November 7, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: September Financial Report The adopted budget for fiscal year 2006 totaled $223.8 million representing a 5.7% increase over the previous year. This financial report covers the first three months of activity for fiscal year 2006. The following narrative provides commentary on the significant events of the first three fiscal months. Revenues Revenues through September 2005 increased 14.7% compared to the prior fiscal year. Variances from the prior year are addressed as follows: General Property Taxes increased 8.6 % as a result ofgr owth in reassessments and new construction. The first installment of the real estate tax was due October 5'h. This tax is expected to grow 9.3 % as a whole in FY 2006, and actual growth has followed this trend for the first quarter of the fiscal year. Personal property taxes decreased slJghtly through September; however, the majority of collections occur in the spring. Other Local Taxes increase 2.2% in fiscal year 2005. The Prepared Food and Beverage tax rate increased from 4% to 5% effective July 1". This increase is expected to provide revenue growth of approximately $2 million throughout the fiscal year. Sales tax revenues have increased 4% through September. Also adding to the growth in this category is an 8.4% increase in Transient Room Tax. Positive performance at local hotels contributes to this growth, as well as results from ongoing tax audits. Revenue from the Use of Money and Property increased over the prior year as a result of interest income on the Budget Stabilization Reserve. The reserve was established in late FY05 by transfer from the Debt Service Fund. A timing difference in the collection of Commonwealth Building lease payments also contributed to the increase in the category. Honorable Mayor and Members of Council November 7, 2005 Page 2 Grants-in-Aid Commonwealth varies due to an earlier receipt of $2.5 million in quarterly street maintenance funding in the current fiscal year over the prior year. Additionally, AFDC Foster Care revenues increased over FY05. These revenues are directly related to an increase in reimbursable expenditures related to residential foster care, child placement, subsidized and special needs adoption, and adoption assistance services. Internal Services revenues were higher as a result of an increase in reimbursement from the Roanoke Regional Airport for Fire Safety expenditures due to an increase in personnel costs in the current fiscal year. Expenditures The FY06 expenditure budget includes funding of approximately $ ! .5 million to cover contracts and purchase orders made during FY05 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 as a whole decreased 1.6% as a result of several large expenditure decreases offset by other expenditure increases. All departments are affected by the 3% average pay raise granted to City employees beginning July 1, 2005. Variances between FY05 and FY06 are addressed as follows. Public Works costs are lower in the current year since a larger portion of the annual paving program was contracted by September in the prior fiscal year. Parks, Recreation and Cultural expenditures increased in part due to the movement of Event Zone, Virginia Amateur Sports, and Downtown Roanoke Inc expenditures from Community Development to Parks and Recreation Administration. There was also an increase in special project expenditures for Youth Services. Community Development costs declined due to a movement of various contribution expenditures to the Parks, Recreation, and Cultural category which were previously funded by Community Development cost centers. Nondepartmental expenditures decreased due to a change in the billing methodology of the Fleet and Department of Technology funds. Beginning in FY06, the General Fund will cover capital outlay for these departments through a billing to user departments instead of by a General Fund transfer as in prior years. This will cause a decline in the nondepartmental category and an offsetting increase in numerous other categories throughout FY06. A decrease in the amount of undesignated fund balance transferred to the Capital Projects Fund also contributed to the reduction of expenditures in this category. Additionally, in FY06, the Greater Roanoke Transit Company's first quarter subsidy was only for one quarter of the year, whereas the FY05 first quarter subsidy covered two quarters of the year based on cash flow needs. Honorable Mayor and Members of Council November 7, 2005 Page 3 Sincerely, se A. Hall Director of Finance JAH:ca Attachments Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Rolanda B. Russell, Assistant City Manager James Grigsby, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY SEPTEMBER 30, 2005 Transfer Number General Fund: CMT05-00171 Date Explanation 08/23/05 Advertising of City's Zoning Ordinance and Mapping From Residual Fringe Benefits T.._~o Amount City Clerk/Planning, Building and Development $ 42,100 Available Cont nqenc¥ Total General Fund $ 42,100 Balance of Contingency at July 1, 2005 Contingency Transfers: CMT05-00192 09/01/05 Health Department Sexually Transmitted Disease Nurse Position Contingency-General Fund CMT05-00205 09/20/05 Crystal Springs Streetscape Contingency-General Project Plan and Cost Estimate Fund CMT05-00208 09/22/05 Huricane Katrina Relief Efforts Contingency-General Fund Contingency Increases/(Appropriations) Through Budget Ordinances: BO37073-1 06/06/05 Inner City Athletic Association Contingency-General Fund BO37114-02 07/05/05 Additional Social Worker Position Contingency-General Fund Available Contingency at September 30, 2005 Notes: Health Department Crystal Springs Streetscape Memberships and Affiliations Human Services Committee Social Services - Services $ 839,063 (18,169) (25,ooo) (lO,OOO) (5,OOO) (39,026) $ 741,868 Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June, The City Manager has the authority to make unlimited transfers within departments, The scope of this report is limited to interdepartment transfers that are $10,000 or greater. CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue flora Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total Year to Date for the Period July 1 - September 30 July I - September 30 Percentage 2004-2006 2008-2006 of Change $ 18,662,843 $ 20,259,941 7,656,356 7,821,235 319,362 312,458 348,212 354,256 65,969 237,495 5,599,317 8,888,436 2,160,694 2,070,990 416,522 468,594 153~383 148~323 35r3821658 $ 40~561~728 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 856 % $ 93,243,000 21,73% 2,15 % 65,801,000 11.89% -2.16 % 1,069,000 29.23% 1.74 % 1,354,000 26.16% 260.01% 722,000 32,89% 58.74 % 49,925,105 17.80% - % 38,000 0.00% -4.15 % 8,891,000 23.29% 12.50 % 2,527,000 1854% -3.30 % 384~000 38.63% 14.64% $ 22319551105 18.11% 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 Schcol Fund Nondepartmental Total Year to Date for the Period July 1- September 30 July 1. Septemper30 Percentage 2004-2005 2005.2006 of Change 2,748,196 2,959,413 1,360,383 1,434,966 14,463,457 15,167,704 8,023,219 5,387,615 6,782,913 7,101,832 2,340,514 2,721,965 1,639,244 1,422,164 10,910,339 11,824,772 13,407,942 13,588,075 2~848~581 1r899~871 64~524~788 . 63~808~377 Current Fiscal Year Unencumpemd Batance 7.69% $ 9,192,875 5.48% 5,569,310 4.87% 41,065,501 -32.85% 18,308,598 4.70% 23,659,823 16,30 % 7,022,911 -13.24% 4,315,092 8.38% 5,899,946 1.34 % 40,764,224 -33.30% 8~327~066 -1.58 % . $ 164r125r346 Percent of Revised Budget .Appropriations Obligated $ 12,152,288 2435% 7,004,276 20.49% 56,233,205 26.97% 23,696,213 22,74% 30,761,655 2309% 9,744~876 27.93% 5,737.256 24~79% 17,724~718 66.71% 54,352,299 25.00% 10~226r937 18.58% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Sept 30 July 1 - Sept 30 Percentage Revenue Estimate 2004-2005 2005-2006 of Change Estimates Received $ 803,950 $ 936,512 16.49 % $ t2,050,078 7.77 % 11,194,398 11,045,580 -1.33 % 53,072,458 20.81% 8,476 33,761 298,31% 125,000 27.01% 79,040 79,780 0.94 % 2,720,100 2.93 % 13,407,942 13,588,075 1.34 % 54,352,299 25.00 % $ 25,493,806 $ 25,683,708 0.74 % $ 122,319,935 21.00 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Facilities Other Uses of Funds Total July 1 - Sept 30 July 1 - Sept 30 Percentage Unencumbered 2004-2005 2005-2006 of Change Balance 13,425,125 $ 16,301,068 1,186,115 1,061,031 759,137 937,219 3,737,830 2,998,031 1,336,704 746,132 5,886,512 3,839,289 $ 26,331,423 $ 25,882,770 21.42 % $ 74,947,496 -10.55 % 3,396,530 23,46 % 4,204,551 Percentof Revised Budget Appropriations Obligated $ 91,248,564 17.86 % 4,457,561 23.80 % 5,141,770 18.23 % -19.79 % 9,654,607 12,652,638 23.69 % ~44.18% 820,192 1,566,324 47.64 % -34.78 % 3,405,959 7,245,248 52.99 % -1.70 % $ 96,429,335 $ 122,312,105 21.16 % CITY OF ROANOKE, VIRGINIA CiViC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2005 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Marketing Promotions 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 Transfer from General Fund Transfer to Debt Service Fund Interest and Fiscal Charges Miscellaneous Net Nonoperating Revenues (Expenses) Net Loss 4 FY 2006 $ 93,914 27,077 10,834 47,574 1,560 14,759 34,226 13,510 12,118 152,015 2,601 410,188 441,421 325,845 141,803 909,069 (498,881) 9,879 (47,809) (23,485) (356) (61,771) $ (560,652) FY 2005 $ 127,219 35,864 27,501 112,988 1,240 33,318 50,988 7,927 30,179 26,335 191,919 5,337 650,815 428,106 352,866 119,661 900,633 (249,818) 5,549 42,324 (48,409 (23,830 5,205 (19,161 $ (268,979) CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2005 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Williamson Road Surface Lots Norfolk Avenue Surface Lot Gainsboro Surface Lot Church Avenue Lot Bullitt Avenue Lot Salem Avenue Surface Lot West Church/YMCA Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2006 $ 103,030 131,864 57,681 173,745 110,030 31,904 20,829 12,177 11,808 11,400 20,250 5,678 7,132 697,528 161,804 143,217 305,021 392,507 13,530 (75,040) (61,510) $ 330,997 FY 2005 $ 98,217 131,350 58,449 150,296 114,678 26,399 22,329 17,482 12,577 11,400 19,995 5,513 2,731 671,416 198,712 158,960 357,672 313,744 6,244 (80,614) (74,370) $ 239,374 5 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2005 Operating Revenues Retail Space Rental Total Operating Revenues Operating Expenses Operating Expense Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues Interest on Investments Miscellaneous Net Nonoperating Revenues Net Income (Loss) FY 2006 $ 68,969 68,969 51,819 1,926 53,745 15,224 553 130 683 $ 15,907 FY 2005 $ 52,249 52,249 62,817 1,899 64,716 (12,467) 216 216 $ (12,251) 6 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 2005 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 2005. BALANCE AT BALANCE AT BALANCE AT FUND AUG 31, 2005 RECEIPTS DISBURSEMENTS SEPT 30, 2005 SEPT 30, 2004 GENERAL $15,809,783.12 $31,573,228.94 $21,807,735.05 $25,575,277.01 $4,025,078.00 WATER 420.00 0.00 0.00 420.00 420.00 WATER POLLUTION CONTROL 1,738.22 0.00 0.00 1,738.22 1,738.22 CIVIC FACILITIES 5,394,225.44 151,805.19 452,185.27 8,093,845.36 1,059,429.12 PARKING 3,476,857.44 246,800.85 387,155.23 3,336,503.06 730,630.44 CAPITAL PROJECTS 55,214,498.16 216,081.57 1,358,396.55 54,072,t83.t8 49,904,029.01 MARKET BUILDING OPERATIONS 192,873.04 22,423.32 84,761.67 130,534.69 23,258.45 CONFERENCE CENTER 4,098,661.86 145,316.76 451,850.69 3,792,t27.93 3,951,373.52 DEBT SERVICE (4,869,019.91 ) 5,948,776.39 6,371,547.56 (5,291,79t .08) 9,033,764.80 DEPT OF TECHNOLOGY 3,975,829.55 316,361.90 224,142.60 4,068,048.85 3,820,636.94 FLEET MANAGEMENT 197,863.10 337,471.14 354,624.31 180,709.93 (606,579.77) PAYROLL (8,996,330.27) 10,448,903.29 14,477,517.38 (t3,024,944.36) (12,219,660.34) RISK MANAGEMENT 11,289,748.70 815,144.68 1,215,854.52 t 0,889,038,86 11,752,642.40 PENSION 369,962.72 1,853,329.84 1,823,744.68 399,547.88 610,819.79 SCHOOL FUND 1,993,015.43 7,169,295.97 2,881,708.92 6,280,602.48 7,218,950.42 SCHOOL CAPITAL PROJECTS 6,459,949.77 0.00 2,141,993.11 4,3t7,956.66 994,004.11 SCHOOL FOOD SERVICE 78,138.90 59,976.77 60,136.70 77,978.97 208,289.54 FDETC 0.00 0.00 0.00 0.00 129.00 G RANT 67,334.10 1,592,117.64 813,445.14 846~006.60 629,428.08 TOTAL $94,755,549.37 $60,897,034.25 $54,906,799.38 $100,745,784.24 $81,138,381.73 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 SEPTEMBER 30, 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 REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIAAIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $27,300.74 t,0t9,962.34 3,600,000.00 3,938,882.23 7,990,988.40 t 0,764,348.50 10,000,000.00 20,526,356.60 21,931,450. t6 20,946,495.27 $100,745,784.24 OCTOBER 19, 2005 ~:VELYN V~/. POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2005 Additions: FY 2006 FY 2006 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) $ 1,788,995 $ 1,332,359 10,223,447 (1,138,877) 406,482 388,596 10,629,929 (750,281) (42,634) (36,823) 10,672,563 (713,458) $ 12,461,568 $ 618,901 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: $ 5,330,807 $ 5,002,439 14,046 18,628 5,344,853 5,021,067 7,116,705 (4,402,166) Fund Balance July 1 Fund Balance September 30 318,675,367 $325,792,072 306,925,352 $302,523,186 Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. CITY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 2005 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2006 $ 399,548 327,178,657 1,431 $ 327,579,636 FY 2005 $ 610,816 303,592,523 1,431 6,531 $ 304,211,301 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,786,397 1,167 1,787,564 318,675,367 7,116,705 325,792,072 $ 327,579,636 $ 1,684,789 3,326 1,688,115 306,925,352 (4,402,166) 302,523,186 $ 304,211,301 9 CITY OF R O INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephania M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 10, 2005 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37236-110705 appropriating $1,900.00 for the Local Law Enforcement Block Grant, and amending and reordaining certain sections of the 2005-2006 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, November 7, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police K:~,GENDA CORRESPONDENCE~agenda correspondence 05\Nov 05\Nov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of November, 2005. No. 37236-110705. AN ORDINANCE appropriating f~nds f6r the Local Law Enforcement Block Grant, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Overtime Wages Overtime Wages FICA Revenues LLEBG FY 2003-05 LLEBG FY 2004-06 035-640-3550-1003 035-640-3552-1003 035-640-3552-1120 035-640-3550-3552 035-640-3552~3556 40O 1,393 107 40O 1,500 Pursuant to the provisions of Section 12 of the City Charter the second reading of this ordinance by title is hereby dispensed with. JESSE A. HALL Director of Finance email: jesse hall~ci.roanoke.va.us November 7, 2005 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 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: Local Law Enforcement Block Grant The budget ordinance adopted by City Council on October 3, 2005 did not match the accompanying staff report for the Bulletproof Vest Partnership Grant. As such, City Council's approval of another budget ordinance is necessary to correct the oversight in the budget ordinance. A copy of the October 3, 2005 council report is attached for informational purposes. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding of $1,900 in revenue and expenditure accounts in the Grant Fund. Respectfully submitted, Jesse A. Hall Director of Finance JAH:dlb Attachments C: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, V~rgmm 24011-1591 Telephone: (540) 853-2333 Fax: (~40) 8~3-1138 CRyWeb: www.roanokegov.com October 3, 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 McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Subject: FY 2005-06 Bulletproof Vest Partnership Grant and Local Law Enforcement Block Grant (LLEBG) Interest Revenue Dear Mayor Harris and Members of Council: Background: The Bulletproof Vest Partnership Act of 2000 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. The grant program is managed by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. The program provides reimbursement funding on the purchase of approved bulletproof vests. On August 24, 2005 Roanoke was awarded $!0,983 for reimbursement on the purchase of 60 bulletproof vests. The vests eventually acquired through this program are to be split between the Police Department and Sheriff's Department. The Local Law Enforcement Block Grant Program requires that all grant funds be placed in an interest bearing account. Based on interest earned during the FY 2003-05 and 2004-06 of LLEBG funding, additional interest earnings have been realized or are anticipated for these grants in the amounts of $400 and $1,500 respectively. Mayor Harris and Members of City Council October 3, 2005 Page 2 Recommended Action: Accept the Bulletproof Vest Partnership reimbursement of $10,983 from the Bureau of Justice Programs; and authorize the City Manager to execute the grant agreement and any related documents, subject to them being approved as to form by the City Attorney. Appropriate funding of $10,983 as outlined below and establish corresponding revenue estimate in accounts to be established by the Director of Finance in the Grant Fund: Wearing Apparel $10,983 Total $10,983 Appropriate funding of $1,900 per the following and increase corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund: Revenue LLEBG -FY 2003-05 LLEBG - FY 2004-06 Expenditure 035-640-3550-3552 035-640-3552-3556 $400 $1,500 LLEBG -FY 2003-05 LLEBG -FY 2004-06 035-640-3550-1003 035-640-3552-1003 035'640-3552-1120 $400 1,393 107 City Manage~' DLB:gws c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM05-00136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2005. No. 37196-100305. AN ORDINANCE appropriating funds for the Bulletproof Vest · Partnership Grant, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained'to read and provide as follows: Grant Fund Appropriations Wearing Apparel Revenues Bulletproof Vest Partnership Grant 035-640-3422-2064 035-640-3422-3422 $10,893 10,893 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF R 3NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk November ].0, 2005 File #51-122-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37237-110705 authorizing the City Manager to file a petition to amend the conditions attached to the zoning of property which is owned by the City of Roanoke and designated as Official Tax No. 1460101. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 7, 2005. Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: R. Brian Townsend, Director, Planning, Building and Economic Development K:~AGENDA CORRESPONDENCE~agenda correspondence 05\Nov 05\Nov 7 05 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37237-110705. A RESOLUTION authorizing the filing of a petition to amend the conditions attaching to the zoning of property which is owned by the City of Roanoke and which is designated as Official Tax No. 1460101. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 1460101; WHEREAS, such property is currently zoned INPUD, Institutional Planned Unit Development District; and WHEREAS, it is the desire of City Council to consider an amendment of the conditions of the zoning of such property for the purpose of permitting the development of a school sports stadium on such property. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convenience, general welfare, and good zoning practice support the filing of a petition to amend the conditions attaching to the zoning of the subject property for the purpose of permitting the development of a school sports stadium, in the location generally designated on the plan attached hereto as Exhibit A. 2. That the City Manager is authorized to file a petition to amend the conditions attaching to the zoning of the subject property for the purpose of permitting the development of a school sports stadium, in the location generally designated on the plan attached hereto as Exhibit A. ATTEST: City Clerk. PETITION TO AMEND PROFFERED CONDITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of proffered conditions on certain property located at 2102 Grandin Road, S.W., Official Tax No. 1460101 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 36795-071904, at the request of the City of Roanoke, City Council rezoned the property identified as Official Tax No. 1460101 to INPUD, Institutional Planned Unit Development District, with a proffered condition. A map of the property is attached hereto as Exhibit 1. The Petitioner, the City of Roanoke, owns said land and requests that the condition relating to said property be amended as hereinafter set out. The Petitioner believes that the subject amendment of proffer will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan by permitting the development of a school sports stadium on said property. The Petitioner hereby requests that the following proffer accepted by Ordinance No. 36795-071904 be deleted: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Four and the Utility Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Five, subject to any changes required by the City during comprehensive site plan review. The Petitioner hereby requests that the following proffered condition be accepted and substituted for the proffer delineated above: 1. The property will be developed in substantial conformity with the attached site plan, dated November 7, 2005, a copy of which is attached as Exhibit 3. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described proffer be accepted as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~/~day of November, 2005. Respectfully submitted, 7~ ,am, City Manager By:~arlo~ne L. Bur~ /~~J Darlene L. Burcham, City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2333 Exhibit One Exhibit 2 Adjoining Property Owners Tax No. Ortner N~me/'Mailing Address Property address if different from mailing address 1551201 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW 1302 Belle Aire Lane Roanoke, VA 24018 1551204 Ronald and Misty Bingham 2412 Guildford Avenue, SW Roanoke, VA 24015 1551205 James and JenniferMcLeese 2416 Guilford Avenue, SW Roanoke, VA 24015 1551206 MichellePeale 2420 Guilford Avenue, SW Roanoke, VA 24015 1551207 LynnC. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 1551208 James and Jean Loesl 2428 Guilford Avenue, SW Roanoke, VA 24015 1551209 Patricia G. Wilson 2432 Guilford Avenue, SW P O Box 4744 Roanoke, VA 24015-0744 1551210 Robert and Edna Weaver 2436 Guilford Avenue, SW Roanoke, VA 24015 1551211 Claire V. English 2440 Guilford Avenue, SW 6300 Scotford Court Roanoke, VA 24018 1551212 Robert B. Lipscomb Guilford Avenue, SW 2413 Bridgehaven Trail Richmond, VA 23233 1551213 RobertLipscomb 2502 Guilford Avenue, SW 2559 Winifrey Drive Roanoke, VA 24018 1551214 John and Patricia Patterson 2506 Guildford Avenue, SW 5903 Castle Rock Road Roanoke, VA 24018 1551215 David K. Cumins 2512 Guilford Avenue, SW 5145 Partridge Circle, SW Roanoke~ VA 24014 1551216 BrendaR. Page 2602 Guilford Avenue, SW Roanoke, VA 24015 1551217 DiniaM. Pease 2608 Guilford Avenue, SW Roanoke, VA 24015 1551218 KennethC. Dunn 2612 Guilford Avenue, SW Roanoke, VA 24015 1551219 AliceC. Tuckwiller 2616 Guilford Avenue, SW Roanoke, VA 24015 1551220 Marvin and Sandra Harrison 2620 Guilford Avenue, SW Roanoke, VA 24015 1551221 Colin and Judith Lunsford 2624 Guilford Avenue, SW Roanoke, VA 24015 1551223 James and Connie Hogan 2702 Guilford Avenue, SW Roanoke, VA 24015 1551224 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 1551225 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roanoke, VA 24015 1551226 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke, VA 24015 1551227 JonathonandllonaTodd 2720 Guilford Avenue, SW Roanoke, VA 24015 1551228 BenJamin and Nancy Henderson 2724 Guilford Avenue, SW 222 Rocky Shore Lane Moneta~VA 24121 1551229 TammyL. Crush 2728 Guilford Avenue, SW Roanoke, VA 24015 1551230 Theodore and DianneSmith 2732 Guilford Avenue, SW Roanoke~ VA 24015 551231 MaryJaneShirley 2802 Guilford Avenue, SW Roanoke, VA 24015 1551232 Terryand Phyllis Clifton 2806 Guilford Avenue, SW Roanoke~ VA 24015 1551233 JosephA. Murrary 2810 Guilford Avenue, SW Roanoke~ VA 24015 1560501 A E H Properties 2816 Guilford Avenue, SW 225 Heidinger Drive Cary, NC 27511 1560502 John and Nancy Fudge 2902 Guilford Avenue Roanoke, VA 24015 1560503 KatrinaA. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 1560504 Sue C. Lipscomb 2916 Guilford Avenue, SW Roanoke, VA 24015 1560505 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015 1560506 Donald and Heather AIIder 2928 Guilford Avenue Roanoke, VA 24015 1560507 Daniel and Laura Foutz 3002 Guilford Avenue, SW Roanoke, VA 24015 1560508 Olivia I. Byrd 3006 Guilford Avenue, SW Roanoke~ VA 24015 560509 KevinandJenniferCunningham 3010 Guilford Avenue, SW Roanoke, VA 24015 1560610 Thomas and Alice Lambdon 3014 Guilford Avenue, SW Roanoke, VA 24015 1560512 R. Edward and Corinne St. George 3022 Guilford Avenue, SW Roanoke, VA 24015 1560811 Corinne St. George Oregon Avenue 3022 Guilford Avenue, SW (vacant lot) Roanoke, VA 24015 370102 Shenandoah Life Insurance Co. 2301 BrambletonAvenue, P O Box 12847 SW Roanoke, VA 24029 1370901 Geoffrey and Susan Jennings 1744 Blair Road, SW Roanoke, VA 24015 1370701 David Tucker 1 743 Blair Road, SW Roanoke, VA 24015 1370707 James and Dana George 2340 Blenheim Road Roanoke~ VA 24015 1370306 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke, VA 24015 1370307 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke, VA 24015 1370308 Jon and Wendy McNeece 2507 Mt. Vernon Road, SW Roanoke~ VA 24015 1370309 JeannieE. Hurt 2501 Mt. Vernon Road, SW Roanoke, VA 24015 1350302 JimmyW. Farley 2429 Mt. Vernon Road, SW Roanoke, VA 24015 1350301 Samuel, llland DeanneVance 1640 Persinger Road, SW Roanoke, VA 24015 1350311 Kermit and Elizabeth Hale 2222 Blenheim Road, SW Roanoke, VA 24015 1350312 Douglas Viehman Diane Naif 2216 Blenheim Road, SW Roanoke~ VA 24015 1350307 Ronald and Shirley Henderson 2421 Mt. Vernon Road, SW Roanoke, VA 24015 1350209 Michael and April Snow 1639 Persinger Road Roanoke, VA 24015 1350201 Harriet G. Vance 1656 Center Hill Road, SW Roanoke, VA 24015 4 1350114 Christopher and KellyKaze 1647 Center Hill Road Roanoke, VA 24015 1450729 James and Cinda Brown 1 702 Brandon Avenue, SW Roanoke~ VA 24015 1450727 Dale and Lora Wilkinson 1710 Brandon Avenue, SW Roanoke, VA 24015 1450726 Jack and Ruth Meadows 1714 Brandon Avenue, SW Roanoke~ VA 24015 1450725 FrancesKastler 1802 BrandonAvenue, SW 1822 Mayfield Drive Roanoke~ VA 24014 1450724 Bruce and PatriciaTolson 1806 Brandon Avenue, SW Roanoke~ VA 24015 1450723 StephenG. Ellis Jerry P. Ellis 1810 Brandon Avenue, SW Roanoke, VA 24015 1450722 Frances Kastler 1814 Brandon Avenue, SW 1822 Mayfield Drive Roanoke, VA 24014 1450721 GeorgeC. Koss 1818 Brandon Avenue, SW 2854 Fairway Forest Circle Salem~ VA 24153 1450720 Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke, VA 24015 1450719 MarkE. Barker 1828 Brandon Avenue, SW Roanoke~ VA 24015 1450718 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 1450717 Gerald and DrueDanz 1836 Brandon Avenue, SW Roanoke, VA 24015 1450716 Nancy B. Williams Life Estate 1840 Brandon Avenue, SW 4423Brentwood Court Roanoke, VA 24018 5 1450715 George Williams Brandon Avenue, SW 1994 Brown Gap Tp (vacant lot) Charlottesville, VA 22901 1450714 George Williams 1902 Brandon Avenue, SW 1994 Brown Gap Tp Charlottesville, VA 22901 1450713 George Williams Brandon Avenue, SW 103 Fourth Street (vacant lot) Bluefield, VVV 24701 1450712 Frances Kastler 1910 Brandon Avenue, SW 1822 Mayfield Drive Roanoke, VA 24014 1450711 Frances Kastler 1914 Brandon Avenue, SW 1822 Mayfield Drive Roanoke, VA 24014 1450710 Michael Holland 1918 Brandon Avenue, SW Roanoke, VA 24015 1450709 Vernon E. Jolley, Jr. 1922 Brandon Avenue, sW Roanoke, VA 24015 1450708 Claude and Mary Hodges 1926 Brandon Avenue, SW Roanoke, VA 24015 1450707 Buddy and James George 1930 Brandon Avenue, SW 110 E. First Street Salem, VA 24153 1450706 Darrell R. Craighead 1934 Brandon Avenue, SW P O Box 1373 Salem, VA 24153 1450705 Curtis E. Fuller 1938 Brandon Avenue, SW 1942 Brandon Avenue, SW Roanoke, VA 24015 1450704 Curtis and Ellen Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 1450701 Trustees, Unitarian Universalist 1450315 Church of Roanoke 1450314 2015Grandin Road, SW 1450313 Roanoke, VA 24015 1450214 DavidA. Rogers 2103 Grandin Road, SW Roanoke, VA 24015 6 1450213 Judith E. Christophel 2111 Grandin Road, SW Roanoke~ VA 24015 1450212 George and Elizabeth Marsh 2121 Grandin Road, SW Roanoke~ VA 24105 1540524 ElaineA. Noell 2201 Grandin Road, SW Roanoke, VA 24015 1540523 Neale and Mary Huff 2215 Grandin Road, SW Roanoke, VA 24015 1540522 Diana Kyle Robert Salyer 2223 Grandin Road, SW Roanoke, VA 24015 1540521 CurtisFooks Nan Rae Marion 2231 Grandin Road, SW Roanoke, VA 24015 1540520 Jeffrey and Christina Hatch 2239 Grandin Road, SW Roanoke, VA 24015 1540519 James, Ill and Jill Gilmer 2243 Grandin Road, SW Roanoke, VA 24015 1540518 HerbertH. Smith, II 2255 Grandin Road, SW 5551 Catawba Valley Drive Catawba~ VA 24070 1540324 Craig and Barbara Johnson 2343 Carter Road, SW Roanoke, VA 24015 1540330 Trustees of St. Elizabeth's 2371 York Road, SW Episcopal Church P O Box 4706 Roanoke, VA 24015 1560901 City of Roanoke City Montgomery Avenue,SW Woodland Park 7 EXHIBIT 3 November 7, 2005 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37238-110705.. A RESOLUTION changing the time of commencement and the place of the regular meeting of City Council scheduled to be held at 2:00 p.m. on Monday, November 21, 2005. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement and the place of the regular meeting of City Council scheduled to begin at 2:00 p.m. on Monday, November 21, 2005, in the City Council Chambers of the Noel C. Taylor Municipal Building, is changed to commence at 12:00 noon on that date in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in the City. 2. Resolution No. 37109-070505, adopted July 7, 2005, establishing the meeting schedule of City Council for FY 2005-2006, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to November 21, 2005. ATTEST: City Clerk. L:\ATTORNEY\DATA\CLFFi\MEASURES\R-C~U%NGiNG TIME OF 112105.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us November 8, 2005 File #:15-110-543 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Phyllis A. Johnson 230 Christian Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Johnson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 7, 2005, you were appointed as a member of the Towing Advisory Board, for a term ending June 30, 2008. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (:1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:~oath and leaving service\Towing Advisory Board~Phyllis A Johnson oath05.doc Ms. Phyllis A. Johnson November 8, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Towing Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Thomas A. Wood, Secretary, Towing Advisory Board, 2020 Mt. View Road, Vinton, Virginia 24179 Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving service\Towing Advisory Board~Phyllis A Johnson oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of November, 2005, PHYLLISA. JOHNSON was appointed as a member of the Towing Advisory Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this eighth day of November, 2005. City Clerk K:\oath and leaving service\Towing Advisory Board~Phyllis A Johnson oath05.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 November 8, 2005 File #15-110-192 Mr. John W. EIliott, Jr. 1922 Mount Vernon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Elliott: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 7, 2005, you were appointed as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2008. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Mr. John W. Elliott November 8, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Civic Center Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Linda Vaught, Secretary, Roanoke Civic Center Commission Thomas G. Powers, Chair, Roanoke Civic Center Commission, 329 Darwin Road, S. W., Roanoke, Virginia 24014 Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of November, 2005, JOHN W. ELUOTI' was appointed as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2008. Given under my hand and the Seal of the City of Roanoke this eighth day of November, 2005. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginia 240~. 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 8, 2005 File #15-110-230 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Edward W. Barnett 28 Church Avenue, S. W. Roanoke, Virginia 2401! Dear Mr. Barnett: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 7, 2005, you were appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Mark C. McConnel, resigned, ending June 30, 2007. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving scrviceL~'ts CommissionhEdward W. Barnett oath05.doc Mr. Edward W. Barnett November 8, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Kathleen W. Lunsford, Chair, Roanoke Arts Commission, Road, S. W., Roanoke, Virginia 24015 Judith M. St. Clair, Secretary, Roanoke Arts Commission Stephanie M. Moon, CMC, Deputy City Clerk 2305 Carter K:\oath and leaving serviceL~trts CornmissionLEdward W. Barnett oathO5.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of November, 2005, EDWARD W. BARNE'I-F was appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Mark C. McConnel, resigned, ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this eighth day of November, 2005. City Clerk K:~oath and leaving service~Arts Conarnission~Edward W. Barnett oath05.doc