Loading...
HomeMy WebLinkAboutMins 01/03/06 - 06/05/06 I I I 1 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL January 3, 2006 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, January 3,2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Council Member M. Rupert Cutler presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Member M. Rupert Cutler----------n------n---------nn---n---------l. ABSENT: Council Members Brenda L. McDaniel, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson ~arris --------.---------------------------------------.---------.---------------------------------------------.--------6. COUNCIL: Due to the lack of a quorum, Council Member Cutler advised that the Council meeting would stand in recess until 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Tuesday, January 3, 2006, 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 ~arris presiding. PRESENT: Council Members Brenda L. McDaniel, Brianj. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. N e I so n ~ arri s _nn____nnn_______nn_m_____nn_nnn_n_nnm_n___n_nnmnm_nn________00--007. ABSENT: None-------------------------------------------------------------------------------------------0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag ofthe United States of America was led by Mayor ~arris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 2 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. ~e called specific attention to two requests for Closed Session. COMMITTEES-~OUSING/AUT~ORITY: A communication from Mayor C. Nelson ~arris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, and to interview an applicant for a vacancy on the Roanoke Redevelopment and ~ousing Authority, 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 abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~ arri s ________n_n_______n_n______________n_n____________________________n___n__________________7 . NAYS: None-----------------------------------------------------------------------------------------------0. CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a speCific legal matter requiring the provision of legal counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~ arri Sn________________________n_n______n_n_n____nn__m______________n_n_________n_________7 . NAYS: None-----------------------------------------------------------------------------------------------0. BUDGET: A communication from the City Manager recommending that Council adopt the following Calendar of Events for Budget Preparation Activities for fiscal year 2006-2007, was before the body. April 10-14, 2006 City Manager briefs City Council on recommended budget. 3 April 14, 2006 Recommended budget document delivered to City Council Members. April 17, 2006 Recommended budget presented to City Council at regularly scheduled meeting; meeting continued to April 27. April 18, 2006 Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Note: State Code requires the advertisement of the real property tax rate for the fiscal year. April 27, 2006 Public hearings on recommended budget and tax rates at 7:00 c.m. May 4, and 5, 2006 Budget Study - 8:30 a.m. - 5:00 c.m. (continuation of May 1 City Council meeting). May 11,2006 City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the ~UD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of the City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor ~arris-------------------------------------------------------------------------------------------------7. NAYS: None-----------------------------------------------------------------------------------------------0. REGULAR AGENDA PUBLIC ~EARINGS: CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 3, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease City-owned property located at 32 Market Square, S. W., to Elias Azar, d/b/a Azar Jewelry, Inc., for use as office space for a term of three years, the matter was before the body. 4 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 26, 2005. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building, located at 32 Market Square and began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract. It was further advised that Elias Azar, owner and operator of Azar Jewelry, Inc., has requested a lease agreement for approximately 418 square feet to sell and/or repair jewelry; the proposed lease agreement is for a period ofthree years, beginning January 3, 2006 through January 2, 2009; the proposed agreement establishes a base rent rate of $23.50 per square foot, with an increase of three per cent each year thereafter, and a common area maintenance fee of $125.00 per month that will increase by three per cent upon each anniversary of the lease; in addition to base rent and common area maintenance, the tenant will also pay $72.00 per month for 34 months, totaling $2,448.00, for reimbursement of costs incurred by the City associated with framing two open doorways, installation of hot and cold water supply and waste line and a sink provided by the tenant with two ground fault outlets, and removal of existing carpet; and the lease contains no renewal provision. The City Manager recommended that she be authorized to execute a lease agreement with Elias Azar d/b/a Azar Jewelry, Inc., for approximately 418 square feet of space in the City Market Building, for a period of three years, beginning January 3, 2006 and ending January 2, 2009, subject to approval as to form by the City Attorney. Council Member Cutler offered the following ordinance: (#37278-010306) AN ORDINANCE authorizing the lease of approximately 418 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning January 3, 2006 and expiring January 2, 2009, with a base rent rate of $23.50 per square foot, authorizing the appropriate City officials to execute a Lease Agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 123.) Council Member Cutler moved the adoption of Ordinance No. 37278- 010306. The motion was seconded by Council Member McDaniel. The Mayor inquired if there were persons present who would like to be heard in connection with the proposed lease agreement. There being none, he declared the publiC hearing closed. 5 There being no questions or comments by Council Members, Ordinance No. 37278-010306 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~ arri s ----------n----________n_______________n_________________n_n-------n----------------n-----7 . NAYS: None-----------------------------------------------------------------------------------------------0. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a communication advising that the Fire Programs Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1, Code of Virginia, 1950, as amended; and the sunset clause requiring expiration of the Fund on July 1, 1990 was removed, thus, the City's annual allocation of State funds will continue indefinitely. It was further advised that program guidelines require that funds received are non-supplanting and may not be used to replace existing local funding; funds must be used in accordance with provisions established by the State Department of Fire Programs; and the City of Roanoke's allocation of $215,029.00 was deposited in Account No. 035-520-3335-3365 from the Department of Fire Programs. It was explained that the City's portion of the Roanoke Regional Fire-EMS Training Center debt service is $60,000.00, which was paid annually from the revenue source; remaining grant funds will be used to purchase replacement turnout gear as needed, small supplies such as tools and helmets and other personal protective equipment; and in accordance with provisions ofthe program, action by Council is needed to formally accept and appropriate funds to authorize the Director of Finance to establish revenue estimates and to appropriate accounts in the Grant Fund. The City Manager recommended that she be authorized to accept the grant and to accept and file any documents setting forth conditions of the Fiscal Year 2006 Fire Programs Funds Grant, and to provide such additional information as may be required. She further recommended that Council adopt an ordinance 6 establishing a revenue estimate for Fire Program Fiscal Year 2006 - State Account No. 035-520-3335-3365, and appropriate funds in the amount of $215,029.00 in various expenditure accounts to be established by the Director of Finance in the Grant Fund. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37279-010306) AN ORDINANCE appropriating funding for the Fire Program 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. 70, Page 124.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 72 79-0 10306. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~ arri S______nn_______n_______n_____n_________________nn_n____n_n_______n_______nn___ooo___7 . NAYS: None-----------------------------------------------------------------------------------------------0. Vice-Mayor Fitzpatrick offered the following resolution: (#37280-010306) A RESOLUTION authorizing the acceptance ofthe FY2006 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of any documents required by the grant. (For full text of resolution, see Resolution Book No. 70, Page 125.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37280- 010306. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~arri s_________n______n______________________n____n_nn____________________________________ooo__n7 . NAYS: None-----------------------------------------------------------------------------------------------0. GRANTS-~UMAN DEVELOPMENT: The City Manager submitted a communication advising that on October 17, 2005, Council adopted criteria for funding non-profit organizations; criterion on board member participation was not worded as agreed upon by the Funder's Circle and the Carilion Foundation; and board member participation will be changed from each board member has an annual average attendance rate of at least 75 per cent to an annual average board meeting attendance of 75 per cent in the aggregate. 7 It was further advised that as a result of conversations with representatives from the Arts Council of the Blue Ridge, Council of Community Services, ~uman Services Advisory Board, and the Roanoke Arts Commission, additional revisions are recommended which include changing the term "criteria" to "guidelines" in order to note specific requirements that agencies are expected to adhere to when applying for funding; while non-adherence to guidelines will not necessarily prohibit an agency from receiving funds, adherence will be used as one ofthe key factors in determining the award of funding; a threshold minimum request of $25,000.00 will be used for application of the guidelines; any agency requesting $25,000.00 or more will be expected to adhere to the guidelines; and the $25,000.00 threshold will be applied at the agency level, so that individual program applications will be aggregated. It was explained that the "semi-annual" reporting of results will be changed to "periodic" reporting of results in order to provide flexibility to report results on a more frequent basis if needed; and corrected wording which is proposed for adoption by Council is as follows: The following guidelines apply to agencies that request $25,000.00 or more: 1. Organizations must develop a business plan that includes evidence of community involvement and outlines long-term plans for financial sustainability. 2. Boards of organizations must demonstrate engagement with their organization by certifying financial commitment at 100 per cent and annual average meeting attendance at 75 per cent. 3. Organizations must agree to an annual site visit and periodic reporting of results achieved through funds received. 4. Organizations in existence for two years or more with an annual budget of $50,000.00 must perform an annual audit. It was noted that the City of Roanoke will be joined by Carilion Foundation and the Funders Circle in this approach; other private foundations are also considering the criteria in their funding process; and all past recipients of City funds will be informed of the new requirements upon adoption of guidelines for funding non-profit organizations. The City Manager recommended that Council adopt guidelines, as amended. Council Member Cutler offered the following resolution: 8 (#37281-010306) A RESOLUTION adopting a revised policy pertaining to funding for non-profit organizations that request $25,000.00 or more in future budget cycles, and repealing Resolution No. 3721 5-101705 adopted on October 17, 2005. (For full text of resolution, see Resolution Book No. 70, Page 126.) Council Member Cutler moved the adoption of Resolution No. 37281- 010306. The motion was seconded by Vice-Mayor Fitzpatrick. Pam Kestner-Chappelear, President, Council of Community Services, representing a group of local non-profit organizations that are concerned about the criteria for funding non-profit organizations as adopted by Council on Monday, October 17, 2005, advised that changes recommended by the City Manager will be helpful; changing the term "criteria" to "guidelines" will reflect the intention that adherence to the guidelines is expected, but non-adherence to the guidelines will not necessarily prohibit an agency from receiving funds; and the revisions will also encourage non-profit organizations to work toward adhering to the guidelines. She stated that creation of a threshold minimum request of $25,000.00 to be used for application guidelines will help smaller non-profit organizations because some may not have available resources to meet guidelines. She added that at this point, the impact of the guidelines is unknown and with experience, it is hoped that there will be an opportunity for refinement. She spoke in support of the appointment of a task force to oversee the guidelines and their impact on non- profit organizations and the services that they provide to ensure support by all organizations, which will result in funding guidelines that will strengthen non- profit organizations and will focus on the impact oftaxpayers' dollars on the lives of Roanoke's citizens. If a task force is not appointed, she advised that the non- profit community respectfully requests that as the City engages in future actions related to funding and/or management of non-profits, that input be sought from representatives of the non-profit community prior to implementation of any policies or guidelines. Council Member Cutler stated that serious consideration should be given to Ms. Kestner-Chappelear's suggestion to create a task force to review future evolving criteria. ~e spoke in support of adoption ofthe amended guidelines and called attention to the receipt of letters from approximately 20 non-profit organizations expressing concerns with regard to the original criteria. ~e stated that prior to submitting the guidelines to Council for adoption, criteria should have been drafted with input from the affected non-profit organizations and representatives of Council appointed committees that dispense City grants to non- profit organizations, both to receive suggestions regarding content and as a sign of respect for non-profit organizations. ~e advised that the needs of the citizens of Roanoke are met by three groups: the business community that provides jobs and pays taxes; the government that provides public safety, education and other aspects of public welfare; and by the charitable, non-profit community that largely, 9 through the work of volunteers, addresses the well-being of those who need help and those who desire such amenities as museums, music, historic preservation, and other activities that neither the business community nor government can provide inasmuch as they are not appropriate uses of taxpayers' money. ~e referred to the local grant application criteria adopted by the United Way of Roanoke Valley and mentioned that the City might, over time, seek to combine its criteria with United Way criteria to keep the paperwork burdens of non-profit organizations at a minimum. ~e advised that the City has good reason to require groups requesting funds to demonstrate that they have the capacity to handle the funds in a responsible manner; the City also owes charitable organizations a note of appreciation for their assistance to the community and the organizations should be treated not as supplicants, but as partners in the care of residents of the City of Roanoke. Without objection by Council, the Mayor advised that the suggestion of Ms. Kestner-Chappelear with regard to appointment of a task force to oversee guidelines would be referred to the City Manager for report to Council. There being no further discussion, Resolution No. 37281-010306 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayo r ~ arri S-m--------------_____________________________________________----------------------------------7. NAYS: None------------"---------------------------"---______---------------------------------------------0. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of November 2005. (For full text, see Financial Report on file in the City Clerk's Office.) There being no discussion and without objection by Council, the Mayor advised that the Financial Report for the month of November 2005 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINIS~ED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BYT~E MAYOR AND MEMBERS OF COUNCIL: YOUT~-SNOW REMOVAL-ROANOKE NEIG~BOR~OOD PARTNERS~IP: Council Member Lea referred to inquiries from senior citizens who state that they are physically unable to remove ice and snow from the sidewalk in front of their residence and inquired if the City can be of assistance. The City Manager advised that pursuant to a City ordinance, individuals who have sidewalks in front oftheir properties are responsible for the removal of snow from the sidewalks by a certain time follOWing the snow activity and there is no provision for exemption; however, the City's Office on Youth has compiled a list of young people who serve as volunteers, or for minimum compensation, will clean City sidewalks. She advised that the response by citizens this year to clearing sidewalks has not been good, therefore, following the most recent snow event, Public Works employees and Police Officers were instructed to remind citizens of the City's ordinance requiring the removal of snow which is a critical element as to when children will return to school, inasmuch as this is one ofthe measures used by the school system in determining whether or not schools will be open. She called attention to problems associated with vacant properties or absentee landlords, and advised that on occasion, if the problem exists for an extended period of time, the City will remove snow and bill the property owner in much the same way as the City bills for trash and debris removal. She also suggested that Robert Clement, Neighborhood Coordinator, be contacted with regard to assistance by neighborhood organizations. SC~OOLS: Council Member Cutler advised that the new Patrick ~enry ~igh School was officially opened on Monday, January 2, 2006. The Mayor advised that a community open house will be held on Sunday, January 8, 2006, from 2:00 to 5:00 p.m., at the new Patrick ~enry ~igh School. ~EARING 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. BONDS/BOND ISSUES: Mr. Allen Scanlan, 1631 Center ~ill Drive, S. W., raised the following hypothetical scenarios: assuming that all projects included in bond issue Series 2002A had been completed, with the exception of the Crystal Spring Water Filtration Plant for about $5.4 million; assuming that the drought is over and water reservoir levels are full, and the Council decided to purchase a tract of land and to construct a roller skating arena with a majority of the funds that were previously speCified for the Water Filtration Plant. ~e stated that a governing body has broad control over the use of General Obligation Bond funds, but questioned if such an extreme variation as above referenced, would raise concerns by those bond holders who invested in the bonds with a specifiC indication as to 1 1 the use of the proceeds. ~e also questioned if taxpayers would support such a variation, even if it were proven to be legal. ~e advised that having served as a former registered representative with the National Association of Security Dealers, with an affiliated registration as a broker dealer, he would not want to encounter such questions from an institutional or a private client without knowing that such actions are appropriate, and asked that Council give consideration to calling for an investigation of the appropriateness of the use of bond funds for Roanoke's high school stadium construction. ~e noted that detailed requests have been submitted to the appropriate departments of the Securities and Exchange Commission and to the Municipal Securities Rule Making Board, including material from the bond prospectus, resolutions adopted by Council authorizing issuance and sale of the bonds, and minutes of City Council meetings in which the matter was referred to as a stadium/amphitheater. ~e pointed out that there is no connection in the Council minutes and resolutions regarding the pending use of funds for construction of high school stadia. ~e referred to a Council/School Board workshop that was held on January 22, 2002, in which such topics as teamwork, leadership, understanding the quality of education, definition of quality education, understanding the desires and needs of the children, the definition of the best education in Roanoke and listening to the community were discussed. ~e suggested that the minutes of the meeting be reviewed by Council, inasmuch as only one member of both the City Council and the School Board are currently in office and in light of recent happenings. Mr. Scanlan's remarks were referred to the City Manager and Director of Finance for report to Council. CITY MARKET-CITY PROPERTY-LEASES: Ms. Anita Wilson, a City Market building tenant, advised that she has operated her business for three years without a formal lease agreement with the City. She stated that earlier in the meeting, Council approved a three year lease agreement with Elias Azar, d/b/a Azar Jewelry, Inc., for the lease of space in the City Market building and advised that other tenants in the Market building also deserve a formal lease agreement with the City. She added that Market building tenants would like for vacant space in the City Market building to be rented in order to generate more income for the building; and she would like to make needed improvements to her business and/or to combine businesses, but references have been made with regard to disenfranchising tenants in connection with the comprehensive market study. She stated that the City Market building has lasted beyond its initial expectation, for 25 years the same furniture has been used and many of the same tenants continue to operate a business out of the Market building. She advised that if the City will work with Market building tenants and if tenants will work with the Market consultant, many good things can be accomplished in the City Market Building and in the downtown area in general. 12 The City Manager advised that earlier in the meeting, the first City Market Building lease was approved by Council, and will be immediately followed by Economic Development staff attempting to negotiate leases with those Market building businesses that are operating with expired leases, which will include Ms. Wilson's business. She pointed out that until City staff took over operation ofthe Market building, the City was not involved in lease development; Economic Development staff devoted considerable time to developing a lease; the exclusivity clause, which created much anxiety for some businesses, was brought to Council for review; and past due accounts by certain tenants are now in compliance. She explained that inasmuch as Council has acted favorably on the first lease, City staff is in a position to move forward with discussions leading to individual leases. CITY MANAGER COMMENTS: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: The City Manager advised that she hoped the Members of Council had a happy holiday season and she looked forward to working with the Council in the year 2006. At 2:40 p.m., the Mayor declared the Council meeting in recess for two Closed Sessions in the Council's Conference Room. At 3:50 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, Mayor ~arris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member McDaniel moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r ~arri s------------------------~----------------------------------------------"------------------------7. NA'(S: NClI1E!-----------------------------------------------------------------------------------------------(). OAT~S OF OFFICE-COMMITTEES-~OUSING/AUT~ORITY: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and ~ousing Authority created by the resignation of Mornique E. Smith, for a term ending August 31, 2008; whereupon, he opened the floor for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of Joseph W. Lee, III. 1 3 There being no further nominations, Mr. Lee was appointed as a Commissioner of the Roanoke Redevelopment and ~ousing Authority, to fill the unexpired term of Mornique E. Smith, ending August 31, 2008, by the following vote: FOR MR. LEE: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor ~arris -----------------------m-'-----------------------m------____________7. COMMITTEES-ROANOKE NEIG~BOR~OOD PARTNERS~IP-OAT~S OF OFFICE: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Advocates to fill the unexpired term of Earnest C. Wilson ending June 30, 2007, and called for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of Carol j. Jenson. There being no further nominations, Ms. Jensen was appointed as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Earnest C. Wilson, ending June 30, 2007, by the following vote: FOR MS. JENSEN: Council Members McDaniel, Wish neff, Cutler, Dowe, F i tz pat ri c k, Le a and Mayo r ~ arri s ------------------------------------------------------------------------7. There being no further business, the Mayor declared the Council meeting adjourned at 3: 5 5 p.m. APPROVED ?\~¡~ Mary F. Parker City Clerk C(1{iL~ C. Nelson ~arris Mayor 14 SPECIAL MEETlNG--m-ROANOKE CITY COUNCIL January 17, 2006 12:00 p.m. A special meeting of the Council of the City of Roanoke, acting as the Personnel Committee, was called to order on Tuesday, January 17, 2006, at 12:00 p.m., in the City Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Section 10, Meetings of Council Generally, of the Charter of the City of Roanoke, with Mayor C. Nelson ~arris presiding. PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel and Mayor C. Nelson ~arris----------------------------------------------------4· ABSENT: Council Members Brian J. Wish neff, Sherman P. Lea and M. Rupert Cut I e r ___________________000______000______000_________________________000-----------------------.---------------------- 3 . The Mayor declared the existence of a quorum. COUNCIL: The Mayor advised that the special meeting of Council was called pursuant to the following communication: '~anuary 10, 2006 The ~onorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Fitzpatrick and Members of Council: Pursuant to Section 10, Meetings of Council Generally, of the Charter ofthe City of Roanoke, I am calling a special meeting of the Council on Tuesday, January 17, 2006, at 12:00 p.m., in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. The purpose of the meeting will be to convene in Closed Session as the Personnel Committee to discuss the mid-year performance ofthree Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. With kindest regards. Sincerely, siC. Nelson ~arris C. Nelson ~arris Mayor" 1 5 Council Member McDaniel moved that Council convene in Closed Session as the Personnel Committee to discuss the mid-year performance of three Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel and Mayor ~arris-------4. NJ\'(S: NClI1E! ----------------------------------------------------__________________________________________(). (Council Members Wish neff, Cutler and Lea were absent.) At 12:05 p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 1 :45 p.m., the Council meeting reconvened in the Council's Conference Room, with all Members of the Council in attendance, with the exception of Council Members Wishneff, Cutler and Dowe, Mayor ~arris presiding. COUNCIL: With respect to the Closed Session just concluded, Council Member McDaniel moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business mattes lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel and Mayor ~arris-------4. NJ\'(S: NClI1E! -------------------------------------------------_____________________________________________(). (Council Members Wishneff, Cutler and Lea were absent.) There being no further business, the Mayor declared the special meeting adjourned at 1 :47 p.m. APPROVED ATTEST: 0 f\~ -J (iM/,J__ Mary F. Parker City Clerk L(~~~ c. Nelson ~arris Mayor 16 ROANOKE CITY COUNCIL January 17, 2006 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 17, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson ~arris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, 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 Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel and Mayor C. Nelson ~arris ---------------------------5. ABSENT: Council Members M. Rupert Cutler and Sherman P. Lea ---------------2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Rolanda B. Russell, Assistant City Manag-er for Community Development; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag ofthe United States of America was led by Mayor ~arris. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor presented a proclamation to Dennis Robarge, President, Roanoke Dazzle, declaring January 22 - 28, 2006, as Dazzle Blue and Gold Week in the City of Roanoke. ZONING: The Mayor announced that Council's public hearing on the petition to amend the previously approved site plan at Patrick ~enry ~igh School in order to permit construction of a high school sports stadium will be rescheduled until Monday, February 6, 2006, at 7:00 p.m. in the City Council Chamber. ~e advised that the public hearing is being rescheduled because of concern regarding the adequacy of the content of the legal ads that were run to notify the publiC of the hearing, and the hearing conducted by the City Planning Commission on December 21, 2005. ~e stated that the February 6 hearing will be conducted as a 17 joint public hearing ofthe City Planning Commission and City Council; and further information on the proposals to amend and add to the conditions which apply to the development of the Patrick ~enry campus and the construction and operation of a high school sports stadium thereon may be obtained from the Department of Planning Building and Economic Development. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. ~e called specific attention to one request for Closed Session. PARKS AND RECREATION-COMMITTEES: A communication from the City Clerk advising of the resignation of James C. ~ale as a member of the Parks and Recreation Advisory Board, was before Council. Vice-Mayor Fitzpatrick moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Council Member Dowe and adopted by.the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ëlrris-----------------------------------------------------------------------------------------------------,------------5. Nt\'(S: N()I1E!-----------------------------------------------___---------------------------------------------Cl. (Council Members Cutler and Lea were absent.) OAT~S OF OFFICE-COMMITTEES-~OUSING/AUT~ORITY-ARC~ITECTURAL REVIEW BOARD-ROANOKE NEIG~BOR~OOD PARTNERS~IP-CABLE TELEVISION- ZONING: The following reports of qualification were before Council: Joseph W. Lee, III, as a Commissioner of the Roanoke Redevelopment and ~ousing Authority, for a term ending August 31, 2008; William D. Poe as a member of the Board of Zoning Appeals, for a term ending December 31, 2008; James A. Schlueter as a member of the Architectural Review Board, for a term ending October 1, 2009; Diana B. Sheppard as a member of the Board of Zoning Appeals, for a term ending December 31, 2008; 18 Carla L. Terry as a member of the Roanoke Valley Regional Cable Television Committee, for a term ending June 30, 2008; and Martha C. Williams as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2008. Vice-Mayor Fitzpatrick moved that the reports of qualification be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~élrris------------------------------------------------------------------------------------------------------------------5. Nt\'(S: NOIlE!-----------------------------------------------------------------------------------------------(). (Council Members Cutler and Lea were absent.) CITY COUNCIL: A communication from the City Manager.requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as abovedescribed. The motion was seconded by Council ME!mber Dowe and adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ arri s------------------------------------------------------------------------------------------------------------------ 5. Nt\'(S: NOIlE!-----------------------------------------------------------------------------------------------(). (Council Members Cutler and Lea were absent.) REGULAR AGENDA PUBLIC ~EARINGS: NONE. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-BUDGET-COMMONWEALT~'S ATTORNEY-GRANTS: A communication from the Commonwealth's Attorney advising that in May 2005, the Commonwealth's Attorneys for Roanoke County and the City of Roanoke filed a joint application for a Virginia Domestic Violence Victim Fund Grant to be administE!red through the City of Roanoke; the grant would fund a prosecutor who would split his/her efforts between the two localities; the 18-month grant (with possible 18-month renewal period) would fully fund the position without contribution from either locality; as part of the grant application, the Roanoke 19 County Administrator and the City Manager concurred in the application and the anticipated administration thereof; and the joint application was accepted by the Department of Criminal Justice Services, which awarded a grant entirely for salary benefits to the Office of the Commonwealth's Attorney for the 18-month period beginning July 1, 2005; the approved amount of DqS grant funding must be expended during the period of July 1 , 2005 and December 31 , 2006; and no local match is associated with the grant. The Commonwealth's Attorney recommended that Council adopt a resolution accepting grant funding from the Department of Criminal Justice Services, Grant No. 06-A4967DV06, to fully reimburse the salary and benefits for a Domestic Violence Prosecutor for the specified grant period and any extensions approved by the Department of Criminal Justice Services; authorize the City Manager to execute any forms required by the Department of Criminal Justice Services in order to accept funds, to be approved as to form by the City Attorney; and adopt an ordinance establishing a revenue estimate in the amount of $99,446.00 and appropriating funds in the same amount to expenditure accounts in the Grant Fund to be established by the Director of Finance. A communication from the City Manager concurring in the request of the Commonwealth's Attorney was also before Council. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37282-011706) AN ORDINANCE to appropriate funding for the Domestic Violence Victim Fund 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. 70, Page 127.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37282-011706. The motion was seconded by Council Member Dowe. Council Member Dowe advised that he serves on the Department of Criminal Justice Services Board without remuneration and inquired if he has a conflict of interest in voting on the abovereferenced ordinance. The City Attorney advised that there would be no conflict of interest inasmuch as Mr. Dowe serves in an unpaid position and could therefore cast his vote on the budget ordinance. 20 Ordinance No. 37282-011706 was adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ëlrris------------------------------------------------------------------------------------------------------------------5. NA'(S: N()I1E!-----------------------------------------------------------------------------------------------(). (Council Members Cutler and Lea were absent.) Council Member Dowe offered the following resolution: (#37283-011706) A RESOLUTION accepting the Virginia Domestic Violence Victim Fund Grant offer made to the City by the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 70, Page 128.) Council Member Dowe moved the adoption of Resolution No. 37283- 011706. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ arri s---------------------------------------------------------___________________000___________________________________ 5 . Nt\'(S: N()I1E!--------------------------------·--------------------------------------------------------------(). (Council Members Cutler and Lea were absent.) BUDGET-CITY EMPLOYEES-PENSIONS: Clarence R. Martin, representing the Roanoke City Retirees Association, requested that City of Roanoke retirees be given an additional cost of living raise in fiscal year 2007 and a supplement toward health insurance for retirees 65 years of age and over. Without objection by Council, the Mayor advised that the request would be referred to fiscal year 2006-2007 budget study. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 21 ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a communication advising that the City of Roanoke has received notification that an application for funds under the Juvenile Justice and Delinquency Prevention WDP) Title II, One-Time System Improvement Grant program was reviewed and approved by the Virginia Department of Criminal Justice Services (DCJS); funds will be used to provide a consultant, equipment, and supplies for a volunteer work group that will be established under the Director of Social/~uman Services, in order to address the disproportionate minority contact, i.e., over-representation of minority youth involved with the juvenile justice system in the City of Roanoke; the goal of the work group will be to compare data of the City of Roanoke's juvenile population against the representation of minority juveniles at each stage of the juvenile justice system; accessibility by minorities of intervention programs and the cultural competency of providers will be addressed; and action steps will be developed to address minority overrepresentation. It was further advised that the approved amount of JjDP One Time System Improvement Grant funding is $25,000.00, with no local match; and funds must be expended or obligated during the award period between January 1 and December 31 , 2006. The City Manager recommended that Council adopt a resolution accepting $25,000.00 in JjDP Title II One Time System Improvement: funding from the Virginia Department of Criminal Justice Services, Grant No. 06-A5 112Jj04, for the City of Roanoke's Disproportionate Minority Contact in the Juvenile Justice System grant program; authorize the City Manager to execute the required grant acceptance, and any other documents required by the Department of Criminal Justice Services, to be approved as to form by the City Attorney; and adopt a budget ordinance establishing a revenue estimate in the amount of $25,000.00 and appropriate funds in the same amount in accounts to be established by the Director of Finance in the Grant Fund. Council Member Dowe offered the following budget ordinance: (#37284-11706) AN ORDINANCE to appropriate funding for the Juvenile Justice and Delinquency Prevention Title 11- One-Time System Improvement Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title ofthis ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 129.) Council Member Dowe moved the adoption of Ordinance No. 37284- 011706. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: 22 AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~arris------------------------------------------------------------------------------------------------------------------5. NAYS: None-----------------------------------------------------------------------------------------------0. (Council Members Cutler and Lea were absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37285-011706) A RESOLUTION authorizing acceptance of Juvenile Justice and Delinquency Prevention Title 1I-0ne-Time System Improvement Grant funds from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of resolution, see Resolution Book No. 70, Page 130.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37285- 011706. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ëlrris------------------------------------------------------------------------------------------------------------------5. Nt\'(S: N<>lle-----------------------------------------------------------------------------------------------0. (Council Members Cutler and Lea were absent.) REPORTS OF COMMITTEES: BUDGET-SC~OOLS: A report of the Roanoke City School Board requesting appropriation of the following funds, was before Council. · $640,027.00 for the Title I Winter Programto provide remedial reading, language arts and mathematics instruction for students in targeted schools, to be 100 per cent reimbursed by Federal funds. · $15,000.00 for the FY2005-06 Chess Program to pay for chess materials and tournament participation costs through a private donation. · $5,000.00 for the 2005-06 GED Expanded Testing Program to provide additional instructors and supplies for GED preparation classes and for administration of the GED examination, to be funded with State grant monies. 23 A report of the Director of Finance recommending that Council concur in the request, was also before the body. Council Member Dowe offered the following ordinance: (#37286-011706) AN ORDINANCE to appropriate funding for the Title I Winter Program, FY06 Chess Program, and FY06 GED Expanded Testing Program, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations and dispensing with the second reading by title ofthis ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 131.) Council Member Dowe moved the adoption of Ordinance No. 37286- 011706. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~élrris------------------------------------------------------------------------------------------------------------------5. Nt\'(S: NClIlE!--------------------------------------------------_____________________________________________(). (Council Members Cutler and Lea were absent.) UNFINIS~ED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY T~E MAYOR AND MEMBERS OF COUNCIL: NONE. ~EARING 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. ACTS OF ACKNOWLEDGEMENT-CITY S~ERIFF: Ms. ~elen E. Davis, 35 Patton Avenue, N. E., advised that two years ago, when there was a vacant seat on City Council to fill the unexpired term of C. Nelson ~arris, there was Widespread speculation among RoanokE!'s citizens that the person who received the next highest number of votes in the 2002 Councilmanic election would be appointed by the Council to fill the unexpired term; however, another individual was appointed. 24 She stated that had the person who received the next highest number of votes been selected by the Council, Council would have done the right thing by reaching across political party lines. She stressed the importance of people of all races reaching across political party lines, congratulating each other on ajob well done, and working together with integrity. Ms. Davis commended Octavia L. Johnson, Sheriff, on her swearing in ceremony which was attended by persons from all races and political persuasions. COMPLAINTS-CITY EMPLOYEES: Mr. Robert E. Gravely, 727 29th Street, N. W., spoke with regard to real estate assessments, a reduction in the City's tax rate, better paying jobs for young people, racism, nepotism within the City's work force, inadequacies in the pay scale for City employees, and the need for increased activity in downtown Roanoke in order to attract more people to the area. CITY MANAGER COMMENTS: BRIDGES: The Assistant City Manager for Community Development advised that the Dr. Martin Luther King, Jr. Memorial Bridge Committee will select an artist to construct the King statue during the latter part of February 2006. CITY EMPLOYEES: The Assistant City Manager for Community Development advised that on Thursday, January 12, 2006, the City of Roanoke hosted the Service Awards Luncheon for long time City employees and over 188 employees were honored for 10, 15, 20, 25, 30, 35 and 40 years of service. At 2:40 p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 3:10p.m., the Council meeting reconvened in the City Council Chamber, with all Members ofthe Council in attendance, except Council Members Cutler and Lea, Mayor ~arris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Wishneff moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such publiC business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: 25 AYES: Council Members Wishneff, Dowe Fitzpatrick, McDaniel and Mayor ~ëlrris------------------------------------------------------------------------------------------------------------------5. Nt\)'S: NClrlE!--------------------------------------------------_____________________________________________(). (Council Members Cutler and Lea were absent.) At 3:12 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, Virginia. At 7:00 p.m., on Tuesday, January 17, 2006, 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 ~arris presiding. PRESENT:' Mayor C. Nelsorl ~arris -----------------------------______00__________-------________1 . ABSENT: Council Members M. Rupert Cutler, Alfred T. Dowe, jr., Beverly T. Fitzpatrick,Jr., Sherman P. Lea, Brenda L. McDaniel and Brianj. Wishneff----oom----6. The Mayor advised that a quorum was not present. OFFICERS PRESENT: Rolanda. B. Russell, Assistant City Manager for Community DeVelopment; William M. ~ackworth, City Attorney; and Mary F. Parker, City Clerk. PUBLIC ~EARINGS: ZONING: The Mayor announced that Council's public hearing on the petition to amend the previously approved site plan at Patrick Henry ~igh School in order to permit the construction of a high schoClI sports stadium will be rescheduled until Monday, February 6, 2006, at 7:00 p.m., in the City Council Chamber. ~e stated that the public hearing will be rescheduled because of concern regarding the adequacy of the content of the legal ads that were published to notify the public of the Council's public hearing and the hearing conducted by the City Planning Commission on December 21, 2005. ~e further advised that the February 6 public hearing will be conducted as a joint public hearing by the City Planning Commission and the City Council; and information on the proposal to amend and add to the conditions which apply to the development of the Patrick ~enry campus and the construction and operation of a high school sports stadium thereon may be obtained from the Department of Planning Building and Economic Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 26 ~EARING 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. There were no citizens in attendance who wished to speak. Due to the lack of a quorum, the Mayor declared the meeting adjourned at 7:05 p.m. APPROVED ?r:"7 J f ~ Mary F. Parker City Clerk Œ.~~~ C. Nelson ~arris Mayor 27 ROANOKE CITY COUNCIL February 6, 2006 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, February 6, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson ~arris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Brenda L. McDaniel, Brian j. Wishneff (arrived late), M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea (arrived late) and Mayor C. Nelson ~arris-----------------m-----------m--m--------m7. ABS ENT: Non e ____nn_____________________________________________________________ ----------- -----0. The Mayor declared the existence of a quorum. The Mayor advised that the purpose of the meeting was to conduct a joint meeting of Council and the Roanoke City School Board. SC~OOL TRUSTEES PRESENT: Jason E. Bingham, David B. Carson, William~. Lindsey, Alvin L. Nash, Courtney A. Penn, David B. Trinkle and Kathy G. Stockbu rge r, Chai r------------------m____m____________________________m_m____________ 7 . A BS ENT: Non e __________nn________________________________ n_______________ ----------------------0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. OT~ERS PRESENT: Representing the City of Roanoke: Rolanda B. Russell, Assistant City Manager for Community Development; and James Grigsby, Acting Assistant City Manager for Operations. Representing Roanoke City Public Schools: Marvin T. Thompson, Superintendent; Cindy ~. Poulton, Clerk to the School Board; Bernard J. Godek, Associate Superintendent for Management; August Bullock, Associate Superintendent for Instruction; Sharon Richardson, Executive Director for Student Services; Dana Thurston, Director for Resource Development and Communication; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel to the School Board. 28 SC~OOLS-COUNClL: The Mayor welcomed the School Board and administrative staff to the meeting. Chair Stockburger advised that on September 16, 2005, the Roanoke City Public Schools (RCPS) contracted with MGT of America, Inc., to conduct an Academic Auditing Services study of the school division; and the audit focused on reviewing the financial, organizational and operational effectiveness of the delivery of services to the school system. She called upon the Superintendent of Schools for remarks. Mr. Thompson reviewed the overall performance and organizational structure of divisions and various departments within the Roanoke City School system. ~e advised that a primary purpose of the study was to identify some of the positives and some of the areas in need of improvements in the delivery of services; when the School Administration reviewed achievement scores which reflect how an organization operates and accountability in a system-driven process, MGT was selected from a group of vendors, primarily for the degree of detail that the company provides, and recommendations contained in the findings will be helpful in connection with strategic planning efforts. With reference to planning, he stated that the School Administration will primarily focus on the findings contained in the report which are the most important components and allow the School Board/administration, as leaders, to help staff begin to examine practices and develop systems that will improve Roanoke City Public Schools. ~e introduced Dr. Joan Ann Cox and Dr. R. S. (Skip) Archibald, Ed. D., representing MGT of America, Inc., for remarks with regard to the audit. Dr. Cox and Dr. Archibald reviewed the following Executive Summary: Overview of the Methodoloav The following section describes the methodology MGT used to prepare for the Academic Audit Services. To be successful, an audit of a school division must: · be based upon a very detailed work plan and time schedule; · take into account the speCific student body involved and the unique environment within which the school division operates; · obtain input from School Board members, administrators, and staff; · identify the existence, appropriateness, and use of specific educational objectives; · contain comparisons to similar school divisions to provide a reference point; 29 · follow a common set of guidelines tailored specifically to the division being reviewed; · include analyses of the efficiency of work practices; · identify the level and effectiveness of externally imposed work tasks and procedures; · identify exemplary programs and practices, as well as needed improvements; · document all findings; and · present straightforward and practical recommendations for improvements. Methodology primarily involved a focused use of Virginia review guidelines, as well as MGT's audit guidelines following the analysis of both existing data and new information obtained through various means of employee input. The following strategies were used: EXHIBrr 1 OVERVIEW OF THE WOIlK PLAN FOR THE ACADEMIC AUDmllO SERVICES ROANOKE an PU8UC SCHOOLS PHASEI - PROJECTINITIA71ON =---- I- ..~--_..-...- PHASE" . STAIŒHOU1ERINVOI.VEMENT AND £¥AGNO/I1TIC IlEMEW _u ............-- AtiIIIt_AJdllInD....... _u ,..... ~ _ .aR .... -- ...... ............,. ~ .._~ ........... "CNlnJCMIat -. I u" -. --....- At , I ......... II . .......... ...-- -- -- ... FHASE'III ·fi..DEPTHON -SlTEACAlJf!.Ilft:AUDI7'INOSØlM'ŒS 1 ::::.....~..... ... ...4............ ............~_CMiIlIIØIU . 15=~;,::,=:.-;~-1 I~':",:-'" .... - I 1=:'":--"- I lM1I'·oI~ nc 1-- ,::-..- --.-- -- t PfMSEN· 11;;::::1 I J I 1-'" ...........-........... Pop- 30 TIMELlNE FOR THE ACADEMIC AUDITING SERVICES TIME FRAME ACTIVITY September 2005 · Finalized contract with RepS. September 2005 · Conducted initial meeting with RepS officials. · Designed tailor-made. written surveys for central office administrators. prlnc'pals/ass;stant principals. and teachers. September and · Collected and analyzed existing and comparative data available October 2005 from the school division. · Produced profile tables of RepS. October 2006 · Disseminated surveys to administrators and teachers. October 10 and 11. Visited with RepS. 2005 · Conducted diagnostic review. · Collected data. · Interviewed Schoo' Board members and Cay of1lcJals. · Interviewed central office administrators. · Interv;ewed business and community leaders. October 2005 · Analyzed data and information that had been collected. October 2005 · Tailored review guidelines and trained MGT team members using findings from the above analyses. October 31 - · Conducted formal on-site review. including school visits. November 4. 2005. November and · Requested additional data from the school division and analyzed December 2005 data. November and · Prepared DraM Final Report. December 2005 January 9. 2006 · Submitted DraM Final Report. January 2006 · Solicited input from RepS staff on the Draft Report. January 2006 · Made changes to the Draft Report. January 31. 2006 · Presented Final Report. Review of Existina Records and Data Sources During the period between project initiation and beginning the on- site review, many activities were conducted simultaneously. Among these activities were the identification and collection of existing reports and data sources that provided recent information related to the various administrative functions and operations to be reviewed in the Roanoke City Public School Division. More than 100 documents were requested from RCPS. Examples of materials requested included, but were not limited, to the following: · School Board policies and administrative procedures; · organizational charts; · program and compliance reports; · technology plan; 31 · school improvement plans; · curriculum and instructional guides; · classroom observation tools; · annual performance reports; · independent financial audits; · plans for curriculum and instruction; · annual budget and expenditure reports; . job descriptions; · salary schedules; and · personnel handbooks. Data from each of these sources were analyzed and the information was used as a starting point for collecting additional data during the on-site visit. Diaanostic Review A diagnostic review of Roanoke City Public Schools was conducted on October 10 and 11, 2005. An MGT consultant interviewed central office administrators, community leaders, School Board members, and parents concerning the management and operations of Roanoke City Public Schools. Emolovee Surveys To secure the involvement of central office administrators, principals/assistant principals, and teachers in the focus and scope of the Academic Auditing Services, three on-line surveys were prepared and disseminated in October 2005. Through the use of anonymous surveys, administrators and teachers were given the opportunity to express their views about the management and operations of Roanoke City Public Schools. These surveys were similar in format and content to provide a database for determining how the opinions and perceptions of central office administrators, principals/assistant principals, and teachers vary. RCPS staff were given from Tuesday, October 11, through Friday, October 21, 2005 to respond. The RCPS response rates for the three surveys were good. Ninety-one percent of central office administrators returned a survey, as did 86 percent of principals and assistant principals and 39 percent of teachers. MGT compared all survey responses among the three employee groups and compared all RCPS administrators and teachers to those in the more than 30 other school districts where similar surveys have been conducted. 32 A complete survey analysis can be found in Chapter 2 of the full report. A copy of the survey appears in Appendix A, and exhibits showing all survey results are provided in Appendix B. Specific survey items pertinent to findings in the functional areas MGT reviewed are presented within each chapter. Conductina the Formal On-Site Review A team of seven consultants conducted the formal on-site review of Roanoke City Public Schools during the week of October 31, 2005. As part of the on-site review, the following RCPS systems and operations were examined: · Division Administration · Personnel and ~uman Resources Management · Financial Management · Purchasing, Warehousing, and Fixed Assets · Educational Service Delivery and Management · Technology Management Prior to the on-site review, each team member was provided with an extensive set of information about RCPS operations. During the on-site work, team members conducted detailed reviews of the structure and operations of Roanoke City Public Schools in their assigned functional areas. Most RCPS schools were visited at least once, and many schools were visited more than once. Systematic assessment of Roanoke City Public Schools included the use of MGT's Guidelines for Conducting Management and Performance Audits of School Districts. In addition, the Commonwealth of Virginia school efficiency review guidelines were used. Following the collection and analysis of existing data and new information, our guidelines were tailored to reflect local policies and administrative procedures; the unique conditions of Roanoke City Public Schools, and the input of administrators in the school division. On-site review included meetings with appropriate central office and school-level staff, as well as City officials, and reviews of documentation proVided by these individuals. In Chapter 2, MGT presents a statistical analysis of how RCPS compares with five comparison school divisions. The practice of benchmarking is often used to make such comparisons between and among school divisions. Benchmarking refers to the use of commonly held organizational characteristics in making concrete statistical or descriptive comparisons of organizational systems and processes. It is also a performance measurement tool used in conjunction with improvement initiatives to measure comparative operating performance and identify best practices. Effective benchmarking has proven to be especially valuable to strategic planning initiatives within school divisions. With this in mind, MGT initiated a benchmarking comparison of Roanoke City Public Schools to provide a common foundation from which to compare systems and processes within the school division with those of other, similar systems. It is important for readers to keep in mind that when comparisons are made across more than one division, the data are not as reliable, as different school divisions have different operational definitions, and data self- reported by peer school divisions can be subjective. Sources of information used for these comparisons include the U. S. Census Bureau and the Virginia Department of Education. Exhibit 3 illustrates how the peer school divisions compare to RCPS in terms of enrollment, number of schools, and number of school division staff. In the 2004-05 school year: · Charlottesville and Alexandria are within the same cluster identified as "6," while the other comparison divisions are within the cluster identified as "1 "; · the student population of RCPS (13,655) is lower than the peer division average (20,583); · RCPS (144) is both third-highest of comparison divisions and above the average for the comparison divisions with regard to the number of student population per 1 ,000 general population; · the average number of schools is 33, with RCPS having the third-fewest (29); · RCPS has the third-highest number of staff per 1,000 students with 122.05; and · RCPS is slightly above the comparison average of 121.55 total staff per 1 ,000 students. 33 34 EXHI8IT a OVERVIEW OF PEER PUBLIC SCHOOL IWISICltB ..05 SCHOOL SR NDItlIk Pulic llcIIIlII 1 G PEER ICtIClIllL IllOIOIl It. ._ 1ft ft AVIIWII SOtJnx Vlrgm.llI lñIØ1I 01 BIUc8IIan WIII_, D16¡ UI'Md SIIBIllIIrBlB ø..., 2ÐlIO llø!IIUIIll8b. Other items of interest found in the peer comparisons show that RCPS had the: · Lowest percentage of students in Grade 5 meeting or exceeding Standards of Learning (SOL) in Mathematics in Spring 2002 (48.8 per cent); · ~ighest percentage of students in high school meeting or exceeding Standards of Learning (SOL) in Algebra I in Spring 2002 (79.6 percent); · ~ighest percentage of students in high school meeting or exceeding Standards of Learning (SOL) in Algebra II in Spring 2002 (85.3 percent); · ~ighest percentage of students in high school meeting or exceeding Standards of Learning (SOL) in World ~istory II in Spring 2002 (91.2 per cent); · Second highest percentage of students in high school meeting or exceeding Standards of Learning (SOL) in Geometry (73.0), Biology (79.5), and Chemistry (79.3) in Spring 2002; · Lowest percentage of schools achieving Adequate Yearly Progress (AYP) in the 2005-06 school year (48.3 percent); · ~ighest number of guidance counselors and librarians per 1,000 students in the 2003-04 school year (6.98); · Lowest percentage of revenue received from federal funds in the 2003-04 school year (9.3 percent); · ~ighest percentage of revenue received from sources other than local, state, or federal funds in the 2003-04 school year (7.3 percent); · Lowest number of dollars spent for administration disbursements in the 2003-04 school year ($2,208,012.38), but second lowest per pupil cost ($171.75); · ~ighest per pupil cost in facilities disbursements in the 2003-04 school year ($1 ,040.24); and · Lowest per pupil cost in technology disbursements in the 2003-04 school year ($200.21). Commendations RCPS has implemented many commendable practices that are detailed in the full report. .. The School Board, Superintendent, administration, and staff of Roanoke City Public Schools are commended for developing a comprehensive meeting agenda information packet that can be electronically transmitted effiCiently and effectively to all members. · The School Board, Superintendent, and Executive Team are commended for establishing division improvement goals· and taking proactive. steps towards implementation of related strategies. · The Superintendent and Associate Superintendent have initiated processes to increase the accountability of central office staff, school administrators, and teachers. · RCPS is commended for the development and implementation ofthe Section 504 procedures manual. · RCPS is commended for the selection and implementation of an electronic system for developing IEPs and managing the compliance of special education programs. · RCPS is commended for the implementation of the kindergarten . through twelhh grade International Baccalaureate Programme. · RCPS is commended for the development of effective recruitment initiatives and programs to recruit minorities and other prospective teachers to RCPS. Commendations also to the division for sponsoring their own successful job fair to hire highly qualified teachers and for their efforts in attracting prospective college seniors and RCPS assistant teachers into teaching in the division. 35 36 · RCPS is commended for its orientation and training of new substitutes and the outstanding array of resources provided. · RCPS is commended for providing tuition assistance to its employees to further their education. · The Fiscal Services Department is commended for virtually eliminating returned grants over the past two years. · RCPS is commended for having four-year auditor contracts and ensuring the partners in charge on the audit engagements are rotated periodically. · The RCPS Purchasing Department is commended for utilizing the City of Roanoke Purchasing Card system, which has the potential to reduce the number of purchase orders, invoices, and payments that have to be processed. · RCPS and the City of Roanoke are commended for their continuing efforts to reduce the administrative costs associated with the purchasing function, while still encouraging and ensuring competition. · RCPS is commended for establishing a representative group of qualified educators to create a Technology Plan. · RCPS is commended for developing an instructional technology plan that effectively addresses technology use by students and teachers. · The Office of Technology and Information Services is commended for taking time to work with the City of Roanoke to explore collaboration possibilities. Recommendations The full report has a total of 116 recommendations, highlights of which appear below. DIVISION ADMINISTRATION . New School Board members are not provided with a comprehensive orientation to acquaint them with local division organization, the Board's role and responsibilities, and the many details associated with carrying out their responsibilities. School Board members are offered opportunities to attend meetings of the Virginia School Boards Association (VSBA), which provides various orientation sessions. These sessions focus primarily on Commonwealth- related matters rather than local issues. · MGT recommends that RCPS develop and implement a local new School Board member orientation program (Chapter 4, Recommendation 4-1). · MGT's review of records and interviews with RCPS personnel during the on-site visit found that the School Board has not had a budget or policy committee other than an Audit Committee (of the whole School Board) and various ad hoc type committees. The School Board has not established a mechanism for direct involvement of Board members in policy or budget development, facilities, and strategic planning. Rather, the School Board depends upon the administration for all primary work in these areas, with recommendations brought to regular Board meetings. The School Board has not routinely scheduled work sessions for strategic planning input or other matters. Consequently, the School Board has limited input in the budget's development and other processes and has not been involved in overall division strategic planning (at the time of the on-site visit the Superintendent was preparing a recommendation for School Board involvement in strategic planning). RCPS should establish standing committees for Budget, Facilities, Policy, and Strategic Planning to ensure appropriate School Board involvement (Chapter 4, Recommendation 4-2). · The School Board does not conduct self-assessments of its performance. There is no formal method for determining its effectiveness or process for establishing Board performance goals. During interviews, principals, other school-level staff, and central office personnel consistently raised questions regarding the role of some of the School Board members versus expectations of the duties to be performed by employees. The Board should develop and implement an annual School Board self-assessment system (Chapter 4, Recommendation 4-5). · The School Board has not developed for implementation a performance review system for evaluating the Superintendent. Interviews with School Board members revealed that they plan to assess the Superintendent's job performance, but have neither discussed how they intend to accomplish this nor developed specific performance-related goals. ~owever, it is clear to the Superintendent that among his prime responsibilities are to bring about changes resulting in the accreditation of all schools, to improve the overall academic performance of students, and to increase high school graduation rates. MGT recommends that the division develop and implement a Superintendent Performance Assessment system. (Chapter 4, Recommendation 4-6). 37 38 . Since his appointment, the Superintendent has reorganized various departments of the central office to improve services to schools and other issues; however, the Associate Superintendent for Instruction has 25 direct reports, exceeding the number for effective supervision and monitoring of overall department responsibilities. Additionally, the ~uman Resources Department is headed by an executive director position reporting directly to the Superintendent; in many school systems of this size, a lesser position would administer the function and report to an assistant or associate superintendent. This same situation exists for the Student Services Department. The Communications Department is administered by a director position that reports to the Superintendent, but has responsibilities more aligned with coordination activity. The Associate Superintendent for Management, reporting to the Superintendent, is assigned broad responsibilities including technology, business affairs, facilities, transportation, food service, and other functions. The combining of fiscal and non-related functions (transportation, facilities services, and supply services) with other operation areas creates a significant work overload that should be addressed. Within the Instruction. and Student Services departments, three director (magnet and gifted, adult and adjunct, and secondary guidance) and two coordinator (elementary guidance and truancy and court liaison) positions could be effectively managed with fewer positions and reorganization of services. MGT recommends that the administration be reorganized to operate the various central office functions more effiCiently and effectively. MGT conservatively estimates that the division could save $107,005.00 over a five-year period if this recommendation were implemented (Chapter 4, Recommendation 4-10). . The Superintendent's Executive Team, composed of key central office executive positions, does not have principal or school-level representation. Surveys of central office administrators and principals asked questions related to principals' work and other related matters. When asked to respond to the statement Authority for administrative decisions is delegated to the lowest pOSSible level,S 1 per cent of administrators and 23 percent of principals disagreed or strongly disagreed, while 22 percent of administrators and 41 per cent of principals agreed or strongly agreed. Interviews with school-level personnel revealed a strong 39 sentiment that more principal engagement in decisions affecting schools is needed. MGT consultants could not identify evidence of systematic involvement of principals. RCPS should reorganize the Superintendent's Executive Team to include three principal representatives (Chapter 4, Recommendation 4-12). · There are no provisions in the Superintendent's scheduling protocol for systematically establishing protected blocks of time expressly allotted for necessary planning and reflective thinking. MGT reviewed the Superintendent's work schedule and calendar to ascertain the extent of his time commitments to various activities. While he has limited his community commitments to ensure adequate attention to division internal matters, he has not set aside time for executive reflection and to complete his doctoral work (which is a requirement of his employment contract). The Superintendent maintains an open door policy, and the MGT consultants observed numerous instances of walk-in interruptions. The Executive Assistant to the Superintendent . maintains the Superintendent's calendar of activities and processes his mail. Interviews revealed that the Superintendent seldom carves out time for himself. In short, the Superintendent is heaVily scheduled, and if this situation is not modified systematically, MGT consultants believe that it could reduce his effectiveness. MGT recommends that the Superintendent's calendar provide for protected time to permit reflective and planning activity and designated vacation time (Chapter 4, Recommendation 4-13). EDUCATIONAL SERVICE DELIVERY · The departments delivering curriculum and instructional services must be organized to maximize funds, better align functions in the division, and more effiCiently provide instruction and services to students. Based on the current organizational structure, the Department of Student Services is overstaffed. Given a population of 12,645 students, one guidance administrative position is sufficient at the central office level. The Southern Association of Colleges and Schools (SACS) recommends a minimum of one guidance counselor to every 1,500 students. RCPS far exceeds the requirements of SACS with a guidance to student ratio of one guidance counselor to 243 students. This ratio includes the Guidance Coordinators who also maintain a caseload of students. This excessive number of guidance counselors is not warranted. Also, based upon a review of the 40 organizational chart, job descriptions, interviews, and best practices in other school divisions, the Department of Special Education is overstaffed. In addition, staff are not aligned with similar functions in other departments within the Division. MGT recommends that the division reorganize the Departments of Student Services and Special Education. Key changes include, but are not limited to, eliminating one Coordinator of Elementary Guidance along with 14 guidance positions; eliminating the Director of Magnet and Gifted Programs; eliminating the Director of Alternative and Adjunct Programs while creating a Supervisor for same program; and transferring several positions to other departments. These changes would create a five-year cost savings of over $1.8 million for the school division (Chapter 5, Recommendation 5-1). . While RCPS has a vision of where it wants to go with regard to curriculum and instruction, it does not uniformly communicate that vision across the division and to all personnel through written goals, objectives, and procedures; timelines; and benchmarks for achievement for individual units. Thus, there is no overarching plan that links curricular and instructional operations to agreed-upon goals and objectives or ties together those units of the department with· related responsibilities. Specific procedures are lacking, such as there is no strategic plan for the Department of Curriculum and Instruction or for units within the department; no specific walk-though guidelines for central office staff and school principals to use when evaluating/observing instruction; no specific, researched-based template for creating school improvement plans (further discussed in a later finding); and no systemwide calendar for updating curriculum. The division does have a document called the School Planning Guide; however, it is just a compendium of various documents on characteristics of effective schools, how to establish a core team and examine data, and definitions for school improvement plans and components. Moreover, it is not well organized or presented in a logical, systematic manner. RCPS should develop procedures that describe program details and expectations and related documents (such as walk-through instruments) to facilitate effective communication and implementation of the division's curriculum and instruction mission and vision (Chapter 5, Recommendation 5-4). · RCPS has a written template for the development of school improvement plans; however, it is causing confusion among school staff and, consequently, not very effective. Many principals are not satisfied with the format and content of the template. MGT's review of the school improvement plans shows a wide disparity in the quality and length of the division's plans. Exemplary plans reviewed include, but are not limited to, those of Oakland, Preston Park, Fallon Park, and Garden City, all of which had the key components of a comprehensive plan. Several schools need to use these plans as models as well as using the Commonwealth of Virginia's comprehensive guide to improve their plans. Effective school improvement plans should be based on an analysis of data and provide the road map for school leaders to improve the delivery of services to students. RCPS should revise the school improvement template to reflect best practices and to be more user-friendly for school staff (Chapter 5, Recommendation 5-5). · RCPS does not have a strategic plan for special education services. Strong administrative leadership and strategic planning are characteristiC' of effective special education programs. Strong leadership in general and special education is characteristic of the effenive delivery of special education services. Given the legislative requirements of NCLB and the reauthorization of IDEA, students with disabilities must be provided access to the general education curriculum. The instruction of students with disabilities who are seeking a standard diploma is equally the responsibility of general education. RCPS is lacking this clear and consistent mission and strategic planning document for the delivery of special education services in conjunction with general education; therefore, the division should develop an annual special education strategic plan including a mission, vision, goals, objectives, activities, evaluation, and a scope and sequence timeline of training and education support activities for its schools (Chapter 5, Recommendation 5- 9). · General education and special education teachers do not have adequate time to plan for co-teaching at the elementary level. RCPS should review the schools' schedules to determine the effective use of instructional delivery time and provide options for school staff that will permit common planning time for teachers. Effective instruction of students with disabilities can occur when general education and special education teachers work 41 42 together in a collaborative process. This is evidenced by adequate time in teachers' schedules to plan together, share information, and evaluate their instruction. In the full report, MGT provides examples of how other sc:hool divisions have addressed the issue of not having common planning time. RCPS should develop strategies to allow common time for special education and general education teachers to allow appropriate consultation and collaborative planning for their students, including those with disabilities (Chapter 5, Recommendation 5-11). . RCPS does not have an explicit and systematic language and literacy framework for kindergarten through second grade. Explicit refers to the important skills and types of knowledge that are taught directly by the teacher; students are not expected to infer key skills and knowledge only from exposure or incidental learning opportunities. Systematic refers to a planned and logical sequence of instruction. Without an explicit and systematic reading program in the early grades, students' diverse learning needs will continue to fall further behind in reading. Students with diverse learning needs have difficulty learning to read only from exposure or incidental learning opportunities; they need explicit and systematic instruction. Without, explicit and systematic instruction, closing the achievement gap for students with diverse learning needs will not occur. RCPS should implement an explicit and systematic reading program plan in kindergarten through grade 3 (Chapter 5, Recommendation 5-20). . Each of the magnet schools has a specific focus on an academic theme. Examples include visual arts, performing arts, science, and technology. The majority of magnet programs do not demonstrate visibility of the magnet theme, nor are they in alignment with the Virginia SOLs. The federal funding for magnet programs was discontinued in 2002. RCPS does not have a funding source to continue the level of support for the magnet programs as it once did. As a result, the majority of magnet programs have declined in quality and no longer meet one of the original objectives of providing enriching alternative programs. RCPS must revisit the purpose and commitment to magnet programs. With the implications of NCLB, it is imperative that all schools in RCPS align curriculum and instruction with the Virginia SOLs. RCPS also may find that ineffective magnet programs need to be discontinued or changed in focus (Chapter 5, Recommendation 5-22). PERSONNEL AND ~UMAN RESOURCES · The Department of ~uman Resources (~R) does not have a receptionist to greet visitors or take incoming calls. Currently, staff members in the department take turns managing the receptionist desk, taking calls, and greeting visitors to the office. When MGT did a comparison of staff in the ~R Department of RCPS to staff in ~R departments in the five peer divisions chosen by RCPS, we found that RCPS has the fewest staff members of all the ~R departments with the exception of Charlottesville City Schools. Like ~R, the administrative building is in need of a receptionist. Visitors enter the building near the ~R offices, but no one is on duty to greet or sign in visitors. The lack of such a security measure is unsafe and puts personnel assigned to the administrative building at risk. RCPS should hire a receptionist to answer general information calls to the administrative building and ~uman Resources office and to greet and sign in visitors to the building (Chapter 6, Recommendation 6-1). · The Human Resources Department does not have a process in place to survey school division employees to evaluate the nature and quality of its services as well as the overall job satisfaction of employees. No feedback system is in place to assess the quality of services to employees. Without such input from employees, the department does not receive feedback on ways in which services could be improved. Nor does the department or division executive staff receive valuable feedback from employees and teachers in particular to provide insight into teacher retention and to determine teacher satisfaction with efforts to reduce the high teacher turnover rates (around eight percent) witnessed by RCPS. MGT recommends that the division develop and implement a customer feedback system to assist the department in evaluating the nature and quality of its services and the satisfaction level of RCPS employees (Chapter 6, Recommendation 6-3). · RCPS does not have an effective position control system, and the procedures the division does have are not accomplished automatically by electronic means. ~uman Resources miscalculated the number of staffing positions in 2004-05 and over-hired 21 teachers for 2005-06. Such miscalculations have a negative financial impact on the division. The new Executive Director who came aboard to 43 44 head the ~R Department in December of 2004 worked with principals (mostly secondary) to make position cuts. Finally, attrition cut most of these additional positions. RCPS should implement a position control system (Chapter 6, Recommendation 6-7). · RCPS lacks an automated application process. While applicants for professional and classified positions can access application forms on-line, a hard copy application must be submitted to the ~uman Resources Department. The process is inefficient and should be streamlined. The division should research and implement an on-line automated application system (Chapter 6, Recommendation 6-8). · A high number of RCPS teachers are absent each school year. Staff absences increased by 20 percent from 2002- 03 to 2004-05. The reason classroom teachers are "absent from duty" is not tracked. Enormous effort and cost are expended for finding substitutes to fill positions when a teacher is absent from duty. To help reduce absences, RCPS offers $100.00 to every employee who has perfect attendance. RCPS substitute teachers are paid $80.00 a day or $120.00 a day if on assignment for more than 20 consecutive school days. Substitute teachers must hold a minimum of a two-year degree with a four-year degree preferred. RCPS should track and determine the reasons for the high absentee rate and develop strategies for reducing absenteeism (Chapter 6, Recommendation 6- 11). · RCPS has no comprehensive divisionwide staff development master plan to guide it in its efforts to deliver staff development to all employees. The staff development program now in place is fragmented and pieced together from many different school units. Currently, staff development for professional staff is provided through the Department of Instruction by instructional coordinators. A myriad of courses and events are offered throughout the year. School divisions that have a master staff development plan to clarify their mission, set goals, coordinate and evaluate efforts, set timelines, and designate staff to carry out their goals are those that deliver the most highly effective staff development to their staff. That kind of master plan is missing in RCPS, and leaders should develop a comprehensive divisionwide Staff Development Master Plan that links the division's priorities with the opportunities provided in staff development (Chapter 6, Recommendation 6-13). FINANCIAL MANAGEMENT · Documentation of policies and procedures for many processes and activities conducted in sections of the Fiscal Services Department is not comprehensive. In interviews, Fiscal Services staff indicated that most functions were performed with very limited, if any, written procedures. Most staff learned their duties from another department employee. There does appear to be more documentation regarding budget preparation and payroll than other areas. The review team did find limited written procedures for some activities. The lack of complete documentation will put the department at risk in the event of loss of key personnel due to retirement, extended sick leave, or other events that may substantially impair employees' abilities complete all the duties required to maintain accounting, payroll, and budgeting activities. RCPS should create, adopt, and implement a formal, complete financial policies and procedures manual that can be used to train new employees, cross-train current employees, and provide guidelines and checklists to help ensure all work is performed as required (Chapter 7, Recommendation 7-1). · The current accounting information system is not meeting the division's or School Board's needs. The financial information system, including accounting and purchasing functions, is maintained in a mainframe-based accounting system that was supposed to have been replaced by a new, browser-based accounting system. The existing system is still in place due the postponement of the deployment of the new system. Numerous primary, secondary, tracking, balancing, and backup documents are maintained on spreadsheets or other off-line tools rather than being supported by a fully integrated financial system. RCPS should complete the installation of the new accounting system as soon as possible (Chapter 7, Recommendation 7-6). · The site-based budgeting portion of the budget process may not be operating as envisioned. There appears to be a communications lapse between the time the requested budget for the activity fund allocation is submitted and the final funding is determined. In fact, the notice received at the beginning of the school year indicated some amounts had changed significantly from what was requested in the allocation, and that one line item, "Technology," was still not determined. This creates significant planning issues for site-based budget 45 46 managers. With more timely notifications of changes, they could change their spending plans based on their priorities. When changes are so late, funds may have already been spent on items with a lower priority. Concerns about guidelines and insufficient training were also noted. Although the Fiscal Services Department offers to assist managers with budget preparation, it is believed that a workshop would be more useful, especially for new principals and bookkeepers. RCPS should improve the communication of budget information with school principals and enhance training opportunities for site- based budget managers (Chapter 7, Recommendation 7- 8). . The RCPS payroll functions are lacking in important internal controls. The payroll system is antiquated and requires manual steps and off-line spreadsheets. There is no Position Control System (PCS) to help ensure only properly authorized and budgeted positions are paid and are paid the authorized amount. The system produces reams of paper time sheets and lists that require manual entries and reviews. The entire payroll process is intensively manual and requires many hours of labor to prepare up to four payrolls per month. MGT recommends that the division replace the current payroll system to include a Payroll Control System (Chapter 7, Recommendation 7-9). . The current organizational structure allows for the management of grant-funded resources only. Multiple grants and special revenue resources are uncoordinated and therefore are not as effective as a unified effort. The grants section needs to be adjusted to allow for underutilized or under-realized resources to be marshaled in support of the goals and objectives of the school division. There has been very little growth in grant funding in the past few years. According to department personnel, there is a program in place to train administrators in pursuing new grants/special revenue sources, but no program to train grant administrators in fiscal management. Grant/special revenue information is maintained in the grants section, but it is not accessible to grant administrators. The division should reorganize the grants section to enhance the responsibility and authority of the Grants Management team by making it a department-level unit reporting directly to the Associate Superintendent for Management (Chapter 7, Recommendation 7-11). 47 PURC~ASING. WAREHOUSING. AND FIXED ASSETS · Within approved budgetary limits, each school or department may submit purchase requests to satisfy the needs of the school division. The Board allows individual schools to purchase and pay for items related to educational needs through school activity funds. If the purchase exceeds $1,000.00 or comes out of the A or B account, the purchase order must be routed through the Purchasing Department. Schools use a different financial system for their purchases called the MANATEE System. This is a legacy system that has been around since the 1980s. Purchases for less than $2,500.00 are processed· at the schools through MANATEE. The departments and schools are responsible for obtaining their own quotes if the purchase is less than $25,000.00. To improve in effiCiency and effectiveness, RCPS should automate the purchase requisition/order process (Chapter 8, Recommendation 8-1). · The division's Procurement Manual, December 17, 2002, is document that was developed to guide the Purchasing Department and its customers in delivering and using procurement services. This document is available only to Purchasing staff and has not been updated since August 2003. Administrators and principals have an Operations Manual that contains purchasing procedures. Based on an analytical review of this document, a review of Board policies, and various analyses of processes and procedures, MGT found that revisions are needed to reflect current policy and procedures, organizational and reporting structures, and operations; enhance communications; and improve the effectiveness and effiCiency of the Purchasing Department. RCPS should revise the Procurement Manual to reflect current policies and procedures and make them available on-line (Chapter 8, Recommendation 8-4). · Cooperative purchasing, according to the RCPS Procurement Manual, "n. may be defined as joint purchasing of common or similar commodities and services by two or more jurisdictions." RCPS benefits from collaborative purchasing efforts with the City of Roanoke and other governmental units. The Director of Purchasing regularly monitors external contracts for competitive pricing advantageous to the school division. Purchasing staff participates in local purchasing cooperatives in an effort to identify best purchasing opportunities. Such associations provide for more efficient bidding in terms of 48 operational savings as well as savings due to better pricing. Purchasing staff regularly "piggyback" on bids of other governmental units instead of developing entirely new bids for items currently on valid bids. The "piggyback" process reduces the amount of time spent on the solicitation process. An example of a "piggyback" process can be found in the use of the City's Purchasing Card Program, and the City's contract to purchase canned and frozen food. The results of this effort are substantial savings of administrative time and expense. RCPS should conduct an analysis during the 2006-07 school year to determine if the RCPS and City of Roanoke Purchasing Departments should be combined (Chapter 8, Recommendation 8-6). . The warehouse uses an informal, sometimes paper-based work order system. Normally, when the Warehouse Supervisor receives calls for pickups and deliveries from schools and departments, notes are made and sometimes turned into work orders for the Trades Workers. This work order process is inefficient and makes record keeping and reporting difficult. An automated work order system would keep work load statistics (e.g., type and number of deliveries, pickups accomplished on a monthly, yearly basis) and make record keeping and reporting more efficient. MGT recommends that RCPS automate the work order process (Chapter 8, Recommendation 8-14). ADMINISTRATIVE AND INSTRUCTIONAL TECHNOLOGY . Involving stakeholders in decisions about technology use is vitally important, and the planned committee will certainly do that. ~owever, the creation of a committee that exceeds 25 members will prove to be problematic. It is difficult enough to gather a group of 1 5 busy people for a meeting, much less 25. Moreover, if most members attend, chances are good that meetings will last longer than desired, and that some members of this large group may not be willing or able to interject their comments or questions about topics under discussion. A smaller group would be more productive and spend less time on committee functions. Additionally, the committee should be composed primarily of users of technology, not members of the technology staff. Clearly the technology staff must playa key role in the actions and deliberations of the committee; however, when it comes to voting, it would be best if the voting members were educators and administrators within the school division, not technology staff members. RCPS should create a smaller, more educator-oriented Technology Advisory Committee that will allow for more productive meetings while still being representative of key stakeholders (Chapter 9, Recommendation 9-1). · The Office of Technology currently reports to the Associate Superintendent for Management but until recently reported to the Associate Superintendent for Instruction. In fact, neither place is a good fit for the Office of Technology. Frequently, when a technology office reports to an administrator such as the head of management or business services, the area to which the office reports gets higher priority than do other administrative offices. Usually that is not intentional, but, because there is a tendency to look after one's boss first, frequently the work of other offices is allocated a lower priority. MGT believes the division should move the Office of Technology and Information Services into the new Office of Planning, Accountability, Technology, and Communication to improve the delivery of technology services (Chapter 9, Recommendation 9-2). · As of the date of MGT's on-site visit to Roanoke City Public Schools, there were approximately 6,320 computers in use in the division. There are no standards or guidelines that RCPS staff must follow in purchasing computers. The result is that schools decide for themselves the hardware that they should purchase. Some problems that may occur when there are no standards include: equipment may not conform to the technology implementation plan under which the school and/or school system is operating; multiple brands of equipment add complexity to the technical support function, thereby making an already difficult task more challenging; computers may not adhere to minimum power and speed standards, meaning they will become obsolete much more rapidly; and new equipment may introduce compatibility problems. The division should establish computer acquisition standards to ensure that Roanoke City Public Schools will acquire only state-of-the- art computers, thereby maximizing the useful life of new equipment (Chapter 9, Recommendation 9-7). 49 50 . An approach to professional development that is becoming very popular today is on-line or Web-based training. Teachers with computers at home, or with computers they check out from school for home use, sign on to the Internet to take courses. Because the courses are on-line, teachers can access the material whenever it is convenient for them, whether that is on a Sunday afternoon, or at 1 :00 in the morning. If teachers are already comfortable with the technology, this is a low- cost, high-impact approach to professional development. One objective of the Office of Technology and Information Services should be to expand upon the number of teachers taking courses on-line. Another good function of the Technology Committee would be to work with the Office of Technology to identify Web-based courses that are good fits for the division. RCPS should review all of the options for offering additional Web-based professional development and strongly encourage teachers to take advantage of these opportunities (Chapter 9, Recommendation 9-10). . A strategy that some school divisions have found to be successful in improving technical support without increasing costs is to draw upon the expertise ofa resource available in every division, but not often tapped: the students. A growing number of divisions have found that one way to enhance technical support is to implement a program similar to those in place in a number of secondary schools around the country where students actually provide technical support services to teachers and students in their school. This has been done effectively in middle/junior high schools and in high schools. Frequently these student technical support units operate as a club, although participating students usually have one class period that is dedicated to installing equipment, installing software upgrades, working on equipment failures. Of course, such a program requires a teacher who is sufficiently proficient in using technology to guide the efforts of those students, but it has proven to be an excellent way to augment technical support. RCPS should implement a program that involves students as providers of technical support for their schools (Chapter 9, Recommendation 9-12). . The Virginia State Superintendent of Public Instruction informed superintendents in January of 2005 that the General Assembly had appropriated funds that could be used by school divisions to improve the integration of technology into the curriculum. While RCPS has done an 51 excellent job of providing instructional support for teachers in the classroom, the division has not done so well with respect to providing technical support to the classroom. Although the Commonwealth provided enough funds to the division to hire one technician for every 1,000 students (the same number of technicians as instructional technology specialists-11), the division opted to hire only four technicians. Since there were already four technicians on staff, that brought the total number of technicians to eight. The division needs to take action to address these support problems and reallocate the funds from the state to support three more technicians (Chapter 9, Recommendation 9-15). Recommended Reoort Follow-Uo MGT recommends the division convene a Task Force and conduct quarterly meetings so that report updates and discussions will be meaningful and demonstrate significant implementation accomplishments by area. For the administration, the first step in a successful implementation process is the assignment of one staff member to oversee. the implementation process and report progress to the Board. This person should possess good organizational skills and have the ability to work well with individuals from all areas of the school division. Next, each recommendation in the report should be assigned to an individual in the school division. Assigning someone to the recommendation does not commit the division to implement that recommendation. Rather, it makes one individual responsible for researching the issue further, and reporting to the administration and the Board as to whether the recommendation is practical, feasible, or implementable as written; whether the costs or savings promised by the recommendation are realistic; and whether there are alternative implementation strategies that will achieve the same goals in a more palatable manner. Assigning an individual does not mean that the individual must do everything it takes to implement the recommendation. Rather, it means that the individual will oversee the efforts of everyone involved in the implementation process, report progress back to the implementation project manager, and assist with presentations to the Board on items requiring Board approval. 52 In those situations where recommendations cross divisional boundaries, it is even more critical to assign the task to someone with the authority to cross those boundaries in order to thoroughly research and implement the recommendation. The division may wish to consider the formation of teams to address functional areas, such as personnel, curriculum, and the like. Team meetings may provide support to implementation team members. A team can generate a level of excitement and an environment for creative thinking, which leads to even more innovative solutions. Once the recommendations have been assigned to individuals, a method to monitor and follow up needs to be established by the Board and Superintendent. This methodology should, at a minimum, contain the following elements: · periodic (weekly, monthly) checkpoints or meetings of implementation team members to discuss progress; · decision points where the Superintendent and the Board give additional guidance or direction to individual team members; · monthly reports to the Board concerning findings and progress; · quarterly meetings of the Board; · a system for tracking the savings and benefits derived from implementation; and · regular, open two-way communication with the public and the media. Public recognition for successful implementation efforts may very well be one of the best ways to ensure continual progress. Additional mechanical processes that might help the implementation process would include a PC-based tracking system for recommendations and a filing cabinet in which to retain all documentation provided by implementation team members, records of School Board decisions, and other information for each recommendation. Finally, the Board must receive timely action, reports, and information, and it must be prepared to act swiftly when presented with difficult decisions. Indecision on the part of the Board will lead to inaction on the part of the implementation team. If, after the team has researched an issue and brought options to the Board for 53 consideration, the Board fails to act, the Board will find fewer and fewer items being brought forward. If, however, the administration clearly does not want to implement a recommendation, its reasons should be clearly stated and documented. Fiscal Impact of Recommendations Based on the analyses of data obtained from interviews, surveys, community input, state and division documents, and first-hand observations in Roanoke City Public Schools, the MGT team developed over 115 recommendations in this report. Twenty-three (23) recommendations have fiscal implications. It is important to keep in mind that the identified cost savings are incremental and cumulative. It is equally important to recognize that savings should be redirected to meet student needs. As shown below in Exhibit 4, full implementation of the recommendations in this report would generate a gross savings of over $12 million over five years (total savings plus one-time savings) with a net savings of approximately $11.3 million. It is important to note that costs and savings presented in this report do not reflect increases due to salary or inflation adjustments. Exhibit 4 shows the total costs and savings for all recommendations. EXHIBIT 4 SUrlltARY OF tEl SAVINGS ctIi.lIIE(COS'TS) OR SAYIHQS OTAl AVE- YW NET SAVI_INClUDlNG ONE-lIIE (COSTS) SAVINGS $11.311.. 54 Exhibit 5 provides a chapter-by-chapter summary for all costs and savings. It is important to keep in mind that only recommendations with fiscal impacts are identified in this chapter. Many additional recommendations to improve the efficiency and effectiveness of the school division are contained in Chapters 4 through 9. Justifications, implementation strategies or suggestions as appropriate and fiscal impacts follow each recommendation in this report. The justification/implementation section associated with each recommendation identifies specific actions to be taken. Some recommendations should be implemented immediately, some over the next year or two, and others over several years. MGT recommends that the Roanoke City Public School Division give each of these recommendations its most serious consideration, their develop a plan to proceed with their implementation and a system to monitor subsequent progress. EXHIBIT . CHAP1Eß.IIY-CHAPlER SUMMIIY OF COSJSICOST AN) SAVIIIGS $0 $0 7.!i M -... ¡.,; PrwldoFundll1llofP I _.l¡>.7-15) 7-6 CcnaJct. CcImpono- tnd a.. 8llct¡o ~ AIClIi _~(p.7-18) 7-2!J _EROP , CllJ,PfEA 7 SUBTOTAL ICOSTSlISAYlNCS 10,000 S90 000 lSi '1M lSl,ooo , 1'10,OOO¡ ,. '0 l$*l.QOll) so AD Si.... '0 $720 000 SBl,OlD so so 1l6.(OO) "'5,01D .1_ 1"'0001 55 EXHIBIT 5 (Continued) CHAPTER-BY-CHAPTER SUMMARY OF COSTS/COST AND SAVINGS ANNUAltCOSTS) OR·SAVINGSlREveNUE TOTAL FIVE ONE· YEAR TIME (COSTS) (COSTS) OR OR CHAPTER REFERENCE '.....7 2007'" 2OO8-Ofl .......'0 2010.11 SAVtNGS SAYINGS CHAPTER 8: PURCHASING, WAREHOUSING AND FIXED ASSETS a·. Update the Equipment and Sottware lor the Bid Fax SO SO SO SO SO $0 ($5,000) Servlce (p. 8-21) 8-14 ObIain and Implement an Automated Texlboo'l SO SO SO SO SO SO ($5,OOO) Managemenl System (p.8-28) 8-15 Oblàln and Implement an ALIklmaled Work Order Syslem SO SO SO SO SO SO ($3,000) lor lhe W.rehouse (p.8-29) 8-18 Eliminate the E " Clerk P06illon· (D. 8~34 $14,490 528,980 $28,980 528,980 S28,9BO $130,410 CHAPTER 8 SUBTOTAL COSTS AVlNGS $1',490 128,980 $28,980 121,980 $28,880 $130"10 ($13,000) CHAPTER II: ADMINISTRATIVE AND INSTRUCTIONAL TECHNOLOGY ... Acauire Modem NelWork Monitor! Tools .9·21 $39,5(0) ...suo ($4,500 $4,500) $4,500 1$57,500) 8-11 Implement Personal Professional Developmenl Plans ($31,000) ($31,0(10) ($31,000) ($31'<lOO) ($31,000) (5155,000) In:a_as\ 9-16 Purchase He DeskSu Software .9-47 SO SO SO SO SO SO $20,000 CHAPTER 9 SUBTOTAL COSTS ...vtNGS 1$70,500) ($35,SOO) 1$35,500) ($35500) 1$35500) ($212,500 1120,0(0) TOTAL SAVINGS $1 997541 $2 252 039 $2 412 031 $ 732 039 $2 172 031 $12445705 TOTAL COSTS $274505 190305 $191305 $192 305 194305 $10"12725 TOTAL NET SAvtNGSI(COST) $1723 S2061734 $2 300 734 $2~g 734 7T1 734 $11402 Ø80 ($91,000) TOTAL FIVE·YEAR NET SAVINGS INCLUDING ONE~TIME SAVIN COSTS $11,311,980 Discussion: Council Member Dowe asked the following questions: ~ow many positions are proposed to be eliminated? Will there be a phasing out process or immediate elimination. Dr. Archibald responded that MGT reviewed the positions by sections within the school system; and an overall recommendation on the Executive Leadership of each school department was prepared and how it should be changed and thereafter included in the implementation strategy with a timeline. ~e stated that he could not recall the impact in terms of the total number of positions proposed to be eliminated since a number· of other persons participated in the audit, and he would respond to the question after conferring with other individuals who were involved in the study. Dr. Cox also responded that the recommendation for elimination of positions was in the range of 43 - 45 within curriculum instruction. Council Member Dowe inquired about enrollment participation in the William Fleming ~igh School Aviation Program and, in view of the September 11, 2001 terrorist attack, what securities are in place to ensure checks and balances to identify the types of students who are enrolled in the Program. 56 Dr. Cox responded that the school system spends approximately $40,000.00 per airplane for maintenance; no historical data was available to determine the maximum number of students who have participated in the Program; and currently seven students participate, with two students utilizing air time. She stated that given test scores of the school system, this is an exorbitant sum of money to be spent on a program and funds could be redirected to other programs. Council Member Cutler inquired about the recommendation to eliminate the performance audit provision which was included in a Council ordinance adopted on September 17, 2001. Dr. Archibald responded that laws of the Commonwealth of Virginia address the issue inasmuch as there is a resent requirement in Virginia that audits be conducted. Therefore, he stated that the options are to conduct an external or internal audit, or a full compendium of an internal audit, which is the route that the City has chosen. ~e added that it is common practice nationally for School Boards to conduct internal audits. Council Member Cutler requested a clarification of the definition of audit; whereupon, Dr. Archibald explained that in the context of school education, a performance audit would include student performance, and a variety of areas in the school system to determine how well the school is performing overall. ~e stated that an internal audit would include such issues as principle funds found within elementary, middle schools, and high schools, athletics, operations, transportation, food service, warehousing, purchasing, internal controls in financial services, human resources issues, risk management portfolio, etc. Council Member Cutler inquired about combining the City and School Purchasing Department and who should take the lead in such an initiative; whereupon, Dr. Archibald stated that MGT was employed by the school system and would submit its recommendations to the School Board and the School administration, which places the burden of initiating discussion in the hands of the School Board; and inasmuch as the City of Roanoke is the fiscal agent, the City would have a significant interest and would make a determination as to whether or not it is in the City's best interest to combine the two departments. 57 Council Member Cutler asked if information is available from other school systems that have combined various functions; whereupon, Dr. Archibald advised that other localities have combined vehicle maintenance, purchasing, facility maintenance, risk management, etc. Council Member Wishneff asked the following questions: Does the City of Roanoke have the necessary organizational and financial resources to recruit and retain teachers? Dr. Cox responded that Roanoke's school system is doing an excellent job of recruiting, particularly minority recruiting to balance the teacher/student ratio with the teacher ratio of minorities; MGT has recommended initiation of an awards program to recognize school employees; and it is believed that the school system is doing an excellent job of maintaining teachers, but an incentive program is needed for the future. Council Member Wishneff expressed concern with regard to the Magnet School program, and advised that the original goals were admirable, but some where along the way, the focus has been lost insofar as teaching the children. Council Member McDaniel inquired if the Magnet School programs have been successful in other school systems; whereupon, Dr. Cox advised that the program is more prevalent in the Roanoke City School System, it was found that the some of the programs are not in alignment with the Standards of Learning, Federal funds have been exhausted, and the program is currently supported by local funds. She added that similar school systems with the same dilemma are now refocusing and are in alignment with the Standards of Learning; and Roanoke City Public Schools lack data to support Magnet School successes. Ms. McDaniel inquired as to how information with regard to the elimination of 44 positions be handled? The Superintendent responded that the school system will not react, but will review the findings of MGT to determine the best practices. ~e stated that findings are the key component, not necessarily as much as the recommendations; and recommendations will serve as guiding points, following which the school administration will engage employees in an exercise to identify some of the data that needs to be used to help the school system move forward. ~e advised that the school system must develop policy on what it is accountable to, looking long term, and 58 strategically planning the capacity of the organization both financially and personnel wise to meet strategic plans. ~e stated that since school achievement is the number one threat to the school system, all decisions within the next two years will focus on the issue. The Mayor expressed appreciation to Dr. Cox and to Dr. Archibald for their presentations and commended the Superintendent of Schools for initiating the audit study. With regard to the recommendation to combine School and City functions, Mayor ~arris suggested that the Superintendent of Schools and the City Manager and their executive staffs study the proposed recommendations, and that their findings be discussed during the upcoming months as a part of the monthly meetings of the Mayor, School Board Chair, Superintendent of Schools and City Manager. There being no further business, at 10:40 a.m., the Chair declared the meeting of the School Board adjourned. At 10:40 a.m., the Mayor declared the Council meeting in recess. The Council meeting reconvened at 10:50 a.m., in Room 159, Noel C. Taylor Municipal Building, with Mayor ~arris presiding and all Members of the Ceuncil in attendance. CITY COUNCIL: A communication from Mayor C. Nelson ~arris requesting that Council convene in Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Council Member Cutler moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor ~ a rri s ------- noon _nn_ _nnnn n n__nn nnnn__n_nn noon __nn__n____ - noon noon __nn nnn_n__n - 5 . NAYS: Non e nn__nn -- n_nn_ _nn_ _n____n__nn__ _____n_nn_____n_n_n_n__n_ noon _no_nO . (Vice-Mayor Fitzpatrick and Council Member Dowe were not present when the vote was recorded.) 59 CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council Personnel Committee, requesting that Council convene in Closed Meeting to discuss the mid-year performance of two Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Council Member McDaniel moved that Council concur in the request to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H arri s nn_n_nn___n_nnn_____n_n_n___n n_nn__ _n_n__nn__nn ____nn_nnn__nn__n____ _n_n__n 5 . NAYS: Non e _n_nn__ _nn_ nnn__nnn__ ____nnn______n_nnn_nn_nn____nnnn_ ----nn-O. (Vice-Mayor Fitzpatrick and Council Member Dowe were not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in Closed Meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Council Member Cutler moved that Council concur in the request to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor ~ arri s _____n__nn__nnn nnn_ __nn__nn__ ___nnn_n____n_n__n_n_nn_nn__ __00__00__ __nn__n_n___ 5 . NAYS: Non e _00_ _n__nn_n___n__nnnn_ __n_n_n____nnnn____nn_nn_ __n__nnn ____ nn-O. (Vice-Mayor Fitzpatrick and Council Member Dowe were not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in Closed Meeting to discuss expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facilities in the community, pursuant to Section 2.2- 3711 (A)(s), Code of Virginia (1950), as amended, was before the body. Council Member McDaniel moved that Council concur in the request to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Lea and adopted by the follOWing vote: 60 AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff and Mayo r ~ a rri S_n_n_n_____n__nnn_nn__nnnn______nn_nn___ un__ _nn_n__n___n__nnnn____ nn6. NAYS: Non e 00__ _n_n__ __nn__ nnn__n__nn_ nnn ____nnnnn __nn _nn__nnnn_n_nnn_O. (Council Member Dowe was not present when the vote was recorded.) TOPICS FOR DISCUSSION BY T~EMAYOR AND MEMBERS OF COUNCIL: ITEMS LISTED ON T~E 2:00 P. M., COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO T~E 2:00 P. M., AGENDA: NONE. ITEMS FOR DISCUSSION AT A MEETING OF T~E ROANOKE CITY COUNCIL, T~E ROANOKE COUNTY BOARD OF SUPERVISORS AND T~E WESTERN VIRGINIA WATER AUT~ORITY ON MONDAY, MARC~ 6, 2006, AT 12:00 P.M.: The Mayor requested that Council Members provide items for discussion to the City Clerk. BRIDGES: Phillip C. Schirmer, City Engineer, advised that the 1978 Surface Transportation Act enacted by Congress requires that all in-service bridge structures be included in an Annual Bridge Inspection Program; whereupon, he reviewed the follOWing power point presentation: City of Roanoke Bridaes and Structures · 95 Bridges and Structures are required to be inspected · 27 are inspected annually · 68 are inspected bi-annually. · Annual cost for inspections is $150,000.00 Total Replacement Cost (2001) $169,475,000.00 The City of Roanoke has every type of bridge from large concrete and steel structures that cross rivers and railroad tracks to small neighborhood bridges over streams. Bridae Insoection Reoorts · Rate the condition of each structural element · Identify and document any needed repairs · Identify needed maintenance items · Cost estimates for repairs and maintenance 61 Bridae Insoection Summary Reoort 23-Jan-06 Summary Brid~es Scheduled for General Maintenance ~IJ!EET RT _J!~'ER UNDER GEN MAT SH COST EST 1&16 W.lmu A_ (116) RDanoke 1m... 5/112006 $6.000 &044 WmsideBlvd Peœnc-k 5/112006 $&,500 OJ-F.b4)6 Summary Bridges Scheduled for Major Repairs BRIDGE_NO 1822 1817 STREET_RT ·:.Mài~~~q2il) . OVER_UNDER MALREP ...$H COST_EST ..'...... -- -..... ,'-,.. "-""';'<' Roahob{~¡'~;.ðiN$:R~· 2J112OQ6 ': $'91'3.000 Fnmkljn Road (220) NS Railway 8054 Wise Avenue Tinker Creek ;;~~j~ajl""'af::' 31112006 $195.000 41J12006$7iS,OOO 5/112006 $205.000 $53.000 121112006 $276,000 l2IiliOÖ6 $228.000 . ·:l'~li.:'>·'-~';· :'¥~'I'r14t':Â~n~_(16) ··~Ù;~il~Y:.- ' .,........,.-:..;,...,.... -",-':"'-"':' ", -'j;¡~.S.reet- :.- 1850 Melrose Avenue P.eten; Creek C··'i 8012 " >...-:,-,...,;.,....;.-.,..,-.:,..... 'OL:lMIn.Road(60s) ',Tin-Creek · Current Repair and Maintenance o Maintenance and Repair . Repairs o Total Major Repairs . Repairs · Bridge Replacement · Totals $ 812,000.00 <$ 50,000.00 $7,314,500.00 >$ 50,000.00 $ 490.000.00 $8.616.500.00 · Equivalent to 5% of Replacement Value Fundina for Maior Reoairs · 1996 Bonds - $5,246,000.00 o Completed Projects: · Jefferson Street over Railroad · 9th Street over Roanoke River · Main Street over Roanoke River 62 · Williamson Road over Railroad · Cove Road over Peters Creek · Peach Tree over Peters Creek Fundino for Maior Reoairs · 1999 Bonds - $2,800,000.00 o Completed Projects: · Brambleton Avenue over Murray Run · Broadway Street over Ore Branch · Memorial Avenue over Roanoke River · Walnut Avenue over Railroad o Advertised for bids: · Martin Luther King Jr. Memorial Bridge Maintenance Resources · No dedicated maintenance or repair staff · Transportation Division $ 10,000.00 · Annual General Fund $150,000.00 · Equivalent to 28% of annual needs Immediate Needs · Wasena Bridge - Sidewalk and joint repairs - estimated cost $425,000.00 . Franklin Road Bridge over Railroad Sidewalk repairs estimated cost $350,000.00 63 · Walnut Avenue over Railroad Superstructure and substructure concrete repairs - estimated cost $735,000.00 Prosoect Road Bridae · Closed to traffic · Major deck and abutment repairs are needed to return to service · Estimated Cost - $172,000.00 Recommendations: · Provide Capital Project Funding to complete major renovation and repairs over five years; approximately $1,500,000.00 annually · Increase Annual Maintenance funding to approximately $500,000.00 · Create a dedicated staffing resource for minor bridge maintenance Council Member Cutler inquired about the relationship between the City, the Virginia Department of Transportation and Norfolk Southern Corporation with regard to City bridges; whereupon, the City Engineer advised that VDOT and Norfolk Southern Corporation are responsible for inspections of bridges that they own; and if a bridge covers a City public street right-of-way, maintenance thereof is the City's responsibility. 64 Council Member Cutler inquired if the City participates in a Federal bridge repair assistance program; whereupon, the City Engineer advised that additional funds are generated at the Federal level which may be passed down to the City from the State, but he could not speculate on the amount of funds or the timeframe. With regard to stormwater management, Council Member Cutler inquired if any capital construction budget needs are paired together; whereupon, the City Engineer responded that the City's infrastructure needs are extensive, such as streets, buildings, bridges, storm drains, etc., and bridges are one of the components to maintain infrastructure. Vice-Mayor Fitzpatrick inquired if the City of Roanoke is responsible for inspecting the bridge over the railroad tracks by Carilion Roanoke Memorial ~ospital; whereupon, the City Engineer advised that bridge maintenance and inspection is handled by the Norfolk Southern Corporation. Council Member Lea inquired about current maintenance costs; whereupon, the City Engineer advised that annual maintenance costs are approximately $160,000.00. The City Manager added that for several years, the City has tried to increase funds in its annual operating budget for recurring expenditures due to lack of maintenance, and, on an annual basis, funds have accumulated for repairs and maintenance of all City public buildings which also have similar problems. In addition, she stated that the City has endeavored to set aside funds to pave 57 lane miles of streets and to increase funds in the operating budget for technology and fleet replacement. She further stated that now that the City has been able to generate a higher dollar amount on an annual basis, larger items, such as bridges, have received major repairs that were previously discussed through the use of bond funds. On behalf of the Council, the Mayor expressed appreciation for an informative briefing on the City's Bridge Inspection Program. At 11: 10 a.m., the Mayor declared the Council meeting in recess for three Closed Sessions, as previously approved by the Council. At 12:00 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for a joint meeting of Council and the Architectural Review Board, with Mayor C. Nelson ~arris and Chair Lora J. Katz presiding. PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Vice-Mayor Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson ~arris----------n_------n---------------n-------------7. Ab sent: Non e-n- ____n_nn__u_nn__n___nn_n_un __nn__nn__nn____nn_ nnn __nn__nO. 65 The Mayor declared the existence of a quorum. Architectural Review Board members present: Alison S. Blanton, Barbara A. Botkin, Donald C. ~arwood, Robert N. Richert, James A. Schlueter, Jon J. Stephenson, and Lora j. Katz, Chair-----------------------------------------------n------7. A BS ENT: Non e ----- n______ _n_nn _____nn_____n_ n_______n_ n--n-----__n_________n_____n__O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. Representing the Architectural Review Board: Robert B. Townsend, Agent; Anne S. Beckett, Agent; Martha P. Franklin, Secretary. Mayor ~arris recognized Lora J. Katz, Chair and Robert N. Richert, Immediate Past Chair of the Architectural Review Board. Chair Katz stated that the Architectural Review Board (ARB) made great strides over the past year; there was an increase of over 30 per cent of citizens appearing before the ARB during the past year, with only one appeal, which is an indication that the Arçhitectural Review Board is working with citizens to reach solutions that are affordable and will enhance the neighborhood. The Chair presented the following Annual Report of accomplishments and attendance for the year 2005. · Last year, the ARB met 12 times to consider 64 requests for Certificates of Appropriateness. Of the 64 requests, 54 were approved, five were denied, three were withdrawn, and two were continued. Of the five that were denied, two applicants appealed to City Council; one appeal was withdrawn and the other is pending. Sixteen items were located in the downtown ~-1 District, while 48 were in the residential ~-2 District. This is a 31 per cent increase in activity from 2004. In addition, staff approved 52 Administrative Certificates of Appropriateness. Major ARB activities during 2005: As a Certified Local Government (CLC), with the Department of ~istoric Resources (D~R), the City of Roanoke had direct support from the State and Federal governments with grant money for historic preservation studies and for ARB training. 1. Worked in coordination with D~R for nomination of the Gainsboro ~istoric District to the National Register of ~istoric Places. 66 2. Staff and the Co-Chair received training through the National Alliance of Preservation Commissions. These workshops train local historic preservation commissioners and staff in community revitalization methods. 3. Review and approve National Register nominations for the City of Roanoke. · Continued the annual ARB Recognition Program for rehabilitation/design awards for City Council during National ~istoric Preservation Week. Four awards were given in May for exemplary projects undertaken in the ~-1 and ~-2 districts. · Continued annual spring mailings to all property owners in the historic districts and contractors in the Roanoke Valley to increase awareness of the historic districts. The Department of Real Estate Valuation also sends notices to all new property owners in the historic districts. · Continued the Design Assistance Review Committee comprised of two ARB members to review applications prior to Board meetings. Two members and staff attend the monthly meetings, and notify the applicants of preliminary recommendations. · Continued annual in-house ARB workshops to improve the application process and Board meetings. The Board's current initiatives: · Review and update the ~-2 Architectural Design Guidelines to incorporate information on new materials that were not available when the 1995 guidelines were written, delete out-dated information or materials, and to comply with new zoning restrictions from the recent adoption of zoning ordinance. Mayor Harris called for questions or comments: Vice-Mayor Fitzpatrick commended members of the Architectural Review Board for their efforts to compile information for the City's 2006 Legislative Program that would provide a mechanism for the City to require building permits for certain improvements/projects in the ~istoric Districts, and although legislation was not introduced at the General Assembly this year, it was forwarded to the Department of ~ousing and Community Development for review. 67 Council Member Cutler inquired as to what extent the ARB could provide technical advice to property owners with respect to alternatives or other measures to decrease building costs. The Chair advised that she offers her expertise and City staff is available to assist, often on site, which sometimes results in more appropriate property enhancements. Council Member Cutler also inquired about the relationship between the new Zoning Ordinance and the ARB; whereupon, it was advised that the Board offered suggestions with regard to lighting, landscaping and parking in unpaved areas within the ~istoric Districts. Mayor ~arris inquired about the status of updating and creating new ARB guidelines; whereupon, the Chair advised that the project will be completed in 2006 and it is anticipated that funding assistance will be requested; and when the review process has been completed, workshops and public hearings will be scheduled prior to submission of the guidelines to Council. Council Member Cutler inquired if a Cradle to Cradle house could be constructed in the ~istoric District; whereupon, the Chair advised that a Cradle to Cradle house will be constructed in the Day Avenue area. Ms, Blanton advised that the 30 per cent increase in persons appearing before the ARB over the last year has created more work for City staff, it is believed that an increase to staff time allocated to Architectural Review Board matters is necessary, and follow up is important to enforce Board decisions. Mr. ~arwood advised that some of the most difficult decisions of the ARB involves an applicant who had been issued a stop work order at a point where . sizable investments, have been made in certain elements of construction such as siding, windows and roof replacement, and although great strides have been made to educate the public during the past two years with regard to permitted improvements in the ~istoric Districts, the Board must deny certain requests or set an unfavorable precedent. ~e stated that the requirement of a building permit would raise a red flag before a homeowner would need to come before the Architectural Review Board. Mr. Richert called attention to better quality in the construction of significant infill houses/projects in the ~istoric District during the past year, I.e.: two single-family homes under construction at· the end of Allison Avenue; a proposal for new townhouses along Woods Avenue; and a larger project on a three and one-half acre site at the end of Jeanette and King George Avenues, with the potential for 20 new town homes to be constructed in a fashion consistent with the ~-2 District, all of which will present a significant increase in the City's tax base over the next few years. 68 Ms. Blanton stated that membership by the Board in the Certified Local Government program has been beneficial and has offered financial, technical, networking and training resources; and the City's financial support has gone a long way in educating the public and has resulted in fewer property owners having to appear before the ARB. Ms. Beckett stated that the ~-2 Overlay assessment evaluation prepared by the Director of Real Estate Valuation reflects how assessments have increased in the ~istoric Districts. There being no further business, at 12:40 p.m., the Chair declared the meeting of the Architectural Review Board adjourned. At 12:40 p.m., the Mayor declared the Council meeting in recess. The Council meeting reconvened at 12:50 p.m., in Room 159, Noel C. Taylor Municipal Building, with all Members of the Council in attendance, Mayor Harris presiding. The City Manager advised that the City of Roanoke has received approval by the Virginia Department of Transportation (VDOT), for the Martin Luther King, Jr., bridge replacement/renovation project. CITY MARKET: The City Manager introduced Tom Low, Consultant, Duany Plater-Zyberg and Company (DPZ), for a presentation on the City Market study, including the Market Building, Century Station Parking Garage, Market Square and Farmer's Stalls, Streetscape Improvements and Paving. Mr. Low stated that a charette process was used with workshops consisting of small and large groups of persons that generated considerable input throughout the process. ~e referred to a previous Council briefing which addressed the beginning of the City Market through the planning work of John Nolen in the early 20'h century, the concept of forming cohesive neighborhoods, and that the downtown operated as a neighborhood of its own; over time the City Market evolved and eventually eroded in the 1970's, and through rebirth as a result of the Design '79 Plan, the Market became a phenomenal success, all of which provided a grounding point as what should be reviewed 25 years later. General Recommendations: Preservino the ~eritaoe - Recommendations were developed through focusing on preserving the heritage as the starting point and foundation, with the idea it is a Farmers' Market, and farmers come first. Simple things like placing identifying plaques adjacent to each farmer's stall or vending site, which state the farmer's story including the regional connection, makes it more authentic and unique to anywhere else in the world. The idea is that within the Roanoke Valley, this has been the central place and operates as a very compact, walkable, tight-knit destination for people from far away. Site Boundary and Existino Buildinos - Within a five-minute walk, a person could encircle the entire City Market area, which is a great scale that is not too spread out, with plenty of things to do within the market area proper. More attention and effort must be focused on the City Market area, the Market should be emphasized as an urban center and the remainder of downtown will follow as fruits of the labor of redesigning the City Market area. Missino Buildinos and GaDs - Over time and for various reasons, things have eroded, leaving many gaps and missing pieces, which could potentially be filled in various ways, including new buildings, parks, but not necessarily exposed parking lots. Drawings were used to show missing buildings and gaps, the existing building footprint and proposed build-out, and the proposed Master Plan sketch. The sites exposed vacant gaps, such as surface parking lots, which should be used for construction of new mixed-use buildings with street level retail shops. Shoo Front Facades - Ground floor shop front facades vary in quality and functionality. There are ways to improve shop front facades by considering the types of retail space to incorporate on the ground floor, by utilizing used-to-be designs that are inviting, and how some designs are not necessarily as inviting as they could be from a loading-dock perspective. The consulting team recommends creation of a façade improvement program to provide a design kit-of-parts to existing and potential building owners and tenants. Parkino Count and Ground Floor S~uare Footaoe - There is sufficient parking to meet the needs of the existing amount of ground floor commercial space, but parking needs to be better organized. Once this is established and reinforced as a destination, the "park once" mentality will take over, and people will be willing to spend time walking around the market as opposed to the "fast food drive through mentality". Better signage and access is needed to direct shoppers to available parking spaces. The City Market area should be promoted as a "park once for all your shopping" destination; and additional parking garages should be encouraged as part of the new fill development. 69 70 Franklin Road Area - The area between the City Market study area and Elmwood Park (Franklin Road area) does not feel like an interesting or inviting urban place to be. The Franklin Road corridor presents an opportunity for further review, as solutions to problems caused by the 1960's urban redevelopment are not easy to come by. One solution is "edge development" that will help to make the City more urban and less suburban. Merchandizino Plan - Laying out a merchandizing plan for the area will help the local commercial real estate industry attract the right tenants to the right location. Findino More Anchors - The City Market area needs more anchors. The Western Virginia Art Museum will be a new anchor for the market area. Careful programming and use of the old ~eironimus Building could become amenities and viable junior anchors. Using a merchandizing plan to advertise and market the entire City Market area as a shopping and tourist destination is a way to attract more desired junior anchor and small-scale specialty shops collectively. Becomino a "Park Once" Destination - The City Market area will become a "park once" destination once redevelopment starts filling in the gaps and existing pieces of the market start to compliment each other and visitors will realize that there is a lot to do in the area, thus reinforcing the "park once" extended shopping over the "drive-thru only one farmer's stall" shopping. Kirk Alley - Kirk Alley from Jefferson Street to Market Street could be a special intimate arts enclave, and is currently considered a walking street and intimate shortcut. Some areas are under utilized. Ideas include development of a mini-outdoor theatre, or projection of films on the blank wall, or enhancing the small pocket park at the corner of Kirk Avenue and Jefferson Street to make the park more urban with more landscaping, expansion of Century Plaza into the parking lot behind Lunsford Insurance to create a multi-use lawn area, and renovation of the pocket part at Jefferson Street and Kirk Alley as an urban plaza with a small building for active retail (restaurant) masking the blank wall of the parking garage. Public Art - The City Market area is an ideal location for public art, not only adding art, but integrating art along the way so that it is incorporated into the design as it evolves. The City needs to be proactive when incorporating public art into the redevelopment program. Special projects include: Market BuildinQ - The City Market Building needs a major renovation. It needs to be updated, modernized and celebrated with active tenant leases. Space utilization needs to be turned inside out. There is the possibility of placing seating on the periphery of the building and placing a traditional farmer's market inside the hall, bringing in additional vendors to provide items that people living downtown would need. · The City Market Building type should be considered the most important for the City Market Square area. Efforts should focus on enhancements to reinforce the character of the building. Important features of the building, such as signage and trace lights, are in good repair and bright. · Emphasize the height of interior space by illuminating the pressed tin ceiling. · Turn the uses inside out, remove food court seating, relocate dining along the periphery of the building, turn the interior into an expanded market area for vendors, including vendors that can provide for the daily needs of the growing downtown residential population. · Construction of additional restrooms on the first floor. · Replace individual bay doors and windows with all-glass rollup doors or French doors. · Convert a portion of the perimeter bays on both sides to common dining areas, with doors that separate the dining areas from food preparation. · Allow the dining area to extend out onto the sidewalk to create sidewalk cafés and extend into the street during certain hours for outdoor dining and special events. · Second floor - Keep the mezzanine level as is; provide new structural support of the canopy to allow the mezzanine to open onto the roof over the canopy; relocate existing restrooms so the prime building corners overlooking the Market Square; program the space for one or two medium to large upscale restaurants, which can include a bar, private dining, and a café; and extend the seating and lounge areas onto the reinforced canopy at one or both ends. · Third floor - Program and renovate the space as a flexible venue for live music, weddings, conferences, receptions, etc.; add restrooms, projection room and concession stand; and improve the acoustics and high quality audio/visual systems for a first rate entertainment venue. 71 72 Centurv Station ParkinQ GaraQe - Renovations and additions to the Century Station Parking Garage should add desirable downtown housing, create anchor retail, increase the number of parking spaces, and enhance the overall City Market area. · Suggest adding a covered colonnade along the walkway facing the Norfolk Southern office building. · Designate one section of the ground floor center bay of the parking garage exclusively for farmer and vendor storage binds with adjacent truck parking. · Provide space for publiC restrooms. · Program the ground floor retail space for a new retail anchor, such as an FDA-approved, commercial style kitchen similar to Blue Ridge Food Ventures in Asheville, North Carolina. · Add four stories of residential units on the top of the deck with units facing Church Avenue or Mill Mountain; include a courtyard garden on the top residential floor; and, as an option, program the proposed residential levels for use as a boutique hotel. · Construct a new façade for the parking garage, including the ground floor retail; new façade design would provide a more functional and historically accurate architecture for a major City Market structure. Market SQuare and Farmers' Stalls - The Market Square needs to be updated and its image as the heart of the area, if not the region, should be reinforced. Existing glass and steel canopies around Center in the Square are too short, nondescript, ineffective and normally dirty. The pavement is uneven and patched. The pedestrian experience is that of wading through car bumpers and other impediments that degrade the experience. Vendors' use of the Market Square will normally conflict with the possibility of outdoor dining; yet vendors' use is the historically correct precedent; therefore, vendors should be given first priority. Nighttime activities in Market Square should be further promoted. The average tourist does not know where the functions inside Center in the Square are located because entrances are not obvious, nor is signage effective. The Market Square needs attention to details such as paving, canopy configurations and signage. · Suggest replacement and addition of new second story balconies for the full depth of the sidewalk around the perimeter of both East and West Market Square; extension of balconies down the first block of Market Square to Kirk Alley; and design details should include provisions for farmers' market stalls below, including awning extensions, lighting, heaters, fans, water, tables, storage and seating. · Renovate Center in the Square building exterior to best activate the Market Square and better serve as an entry to internal venues; including replacement of the top floor sign with a vertical blade sign and a theater marquee at the northeast corner, introducing a box office ticket 'kiosk on the street corner, adding an exterior staircase to invite people to actually walk up to the balcony, reprogram the upper floor space with active uses such as a tearoom that opens onto the new balcony, and program the balconies on both sides to be available for use by live bands and other productions. · Celebrate the Roanoke Weiner Stand in its existing location as a local institution and tourist destination. · Balance the needs of farmers, restaurants, festivals and street life by increasing opportunities for dining outdoors, using the proposed second floor balcony around the perimeter of the City Market Square; program the City Market Square for more events that utilize the balcony as a stage; grade and resurface the pavement; enlarge and reorganize the farmers' stalls using the full perimeter of the City Market Square; and enhance the physical presence of Center in the Square with a ticket office kiosk and a handsome vertical blade sign. Market Square - Farmers' Stalls - Market stalls between the City Market Square and Church Avenue (including the canopies, tables, infrastructure, location and design) need to be updated. Fabric awnings are in need of repair or redesign; canopies leak and do not enhance the ambience of the market; circulation between sidewalks and tables is congested; canopies in the second block of Market Street hide historic facades; existing designs are institutional and do not compliment the elegant shop front facades and historic downtown; and stalls located in the second block are considered overflow space during off-season and off-peak days. Option 1: Option 2: Option 2A: Free standing, center of the street market stalls Field test the new canopy idea as follows: Modify the design and slide it from the middle of Market Street to a location consistent with the current stall location. Use a taller version of the center canopy concept to allow diagonal parking underneath. Option 2B: 73 74 Option 2C: Use a combination of low ends and a taller center for the canopy. Reverse the street center canopy design to allow customers to walk down the middle of the area with the farmers vending from one or both sides. Reintroduce market vendors around the perimeter of the City Market ~all. Make minimal improvements. Extend the proposed balcony design from the Market Square and the first block of Market Street to the second block. Option 2 D: Option 3: Option 4: Option 5: Market Square - Canooies - Replacing canvas canopies over the farmers' stalls may be a shortsighted option. Replacing fabric canopies and upgrading infrastructure is included in the study, but it is considered shortsighted and is not highly recommended. Streetscaoe Imorovements and Pavinq - Streets cape elements are dissimilar; and lack a recognizable theme. Seating is recommended for sidewalk cafés and public seating, benches for parks, seating for public squares and plazas, bike racks, bollards, light poles with coordinated hangers for baskets, signage and flag holders, kiosks and canopies, seating for pick-up truck tailgaters, and shoeshine stands. . Lighting, Signage and banners - Lighting, signage and banners are not unified or organized. It is suggested that a company be selected that provides a fully coordinated system of lighting and urban accessories; either add Union Metal elements to the original fixtures as recommended in the Design '79 plan, or consider other companies (especially NERI) to completely upgrade the entire lighting, signage and information system. . Pavement - Pavement is in poor condition and not unified. Suggestions are: Option 1 - standard asphalt; Option 2 - embossed asphalt with a special Roanoke stamped star pattern (should be chosen with caution; Option 3 - recycled salt glazed star brick; and Option 4 - brick pavers. Cost estimates should be completed for each option and presented to the stakeholders. Williamson Road Develooment - The corner of Williamson Road and Church Avenue can become a destination area anchored by surrounding infill development. On the east side of the intersection of Williamson Road and Church Avenue, build a street level retail building with a parking lot to the rear, develop a cinema complex above the retail, and redevelop the parking lot on the 75 northwest corner as a mixed-use project that includes housing, parking and additional shops. On the existing Norfolk Southern building site, develop a sister building or low rise infill building along Church Avenue and on the side facing Williamson Road, and internalize the service function in a motor court. Steooed Plaza - Create cascading stair steps to draw people from the pedestrian bridge over the railroad tracks to the City Market. This idea is similar to the Spanish Steps in Rome albeit on a smaller scale for Roanoke. The stepped plaza will become a destination for social interaction between Roanoke's citizens and tourists and serve as a public plaza and forecourt for the new art museum. The stepped plaza would be a perfect site for political rallies or a grandstand for performances and parades passing down Salem Avenue. Creation of a set of cascading stair steps is suggested similar to the Spanish Steps in Rome. It has been conceived as a destination for socializing, a public plaza and a forecourt for the new art museum, a site for political rallies, and a grandstand for. performances and parades passing down Salem Avenue. As an option, include a miniature incline for accessibility and to serve as a tourist draw. Drawing shoppers to Jefferson Street - Renovation of the Century Square Parking Garage will result in more pedestrian shopping on Church Avenue. The City should support efforts to make Fire Station No. 1 as visually inviting as possible, while preserving its function as a working fire station. This includes encouraging those staffing the fire station to enjoy the front porch environment. The Fire Department should also mount a plaque, similar to the proposed farmers' information plaque, to describe the history of the station house. Although there is some degree of public outreach, it needs to be more obvious. The leasing of ground floor space as offices needs to be phased out to provide additional space for inviting retail businesses. Owners of the ~eironimus building should seek a strong anchor tenant as part of the merchandizing goals of the City Market area and Jefferson Street. Upscale national tenants would be ideal along this section of the streetscape. More local/regional venues, including an urban public library or a large bookstore like the original Borders, would enliven the street. · Jefferson Street Streetcar - Bring the streetcar back to Jefferson Street. The City should support the concept of the streetcar line and act quickly to energize Jefferson Street. 76 . Jefferson Street needs help - Use the Merchandizing Plan to attract the best retail tenants for Jefferson Street; produce a pattern book or kit-of-parts for the design of shop fronts (storefronts) to be used for restorations, which would provide examples of first-rate retail facades that would compliment the historic character of downtown Roanoke. . Jefferson Street Grade Crossing - Enhance Jefferson Street north of Campbell Avenue including restoring the grade-crossing across the tracks. Enhancement of the streetscape on Jefferson Street north of Salem Avenue is suggested, and supporting the idea of reconnecting Jefferson Street with a grade crossing to directly connect the cultural district with the downtown. Public Enthusiasm - Citizens of Roanoke share the enthusiasm about the City Market Project. Make it happen in 2006. The Mayor left the meeting during the presentation by Mr. Low. Vice-Mayor Fitzpatrick expressed appreciation for Mr. Low's presentation and called for questions and/or comments by Council Members: Council Member Dowe advised that one of the advantages of traveling is an opportunity to see first hand what other communities do to make visitors feel at home; however, the City of Roanoke has relegated itself to what its citizens might enjoy versus what a person not from the Roanoke area would enjoy. Therefore, he stated that some of the things discussed, particularly with regard the third floor area of the City Market Building, is commendable. ~e further stated that there is a natural investment that water related activities would bring, and suggested that the consultant look at an aesthetically pleasing, man-made water attraction for the downtown area. ~e further suggested that the market area be made more pedestrian friendly, and, in that regard, the City has already turned some of the one-way streets into two-way streets. Mr. Low stated that water could be incorporated as an amenity to be looked at, such as a fountain or for recreation (to run through) and both concepts could be used on Kirk Alley as a part of public art; the environmental movement and greening of the buildings will incorporate some interesting ways of dealing with storm water by interfacing with public spaces in a fun way; and thought engaging artists and architects could be used to suggest various methods of using water. ~e added that the Market building mezzanine would be an excellent place to create a college-student destination. 77 Vice-Mayor Fitzpatrick stated that about 32 per cent of college students native to Virginia attend schools in this region, and providing shuttles from ~ollins University, Roanoke College, Ferrum College and Virginia Tech have proven that there are two very different sets of people using the City Market. Council Member Lea inquired about community involvement in the study in terms of the business sector, young persons, and persons from the minority community, as compared to the last study. Mr. Low stated that City staff did an excellent job of bringing all of the right people to the table which included stakeholders representing every faction, and the personalities of the individuals and groups that came forth represented the greater component of their faction, periodic reality testing was conducted of ideas and follow-up meetings were held. Council Member Wishneff inquired if the study addressed matters such as the economics of renovating the City Market Building. Mr. Low replied that it would be necessary for budget experts to review the various issues to determine the type of return on investments, inasmuch as some improvements could cost several million dollars; however, there would also be several million dollars worth of real estate to sell which could be a profitable venture. In summary, he stated that the study did not include improvements to the Market Building over a period of time or professional management issues, and it would be necessary for someone with more professional expertise to evaluate some of the more complex issue. The City Manager advised that the briefing was intended to be the first opportunity to share preliminary information with the Council, and a final report will be completed and forwarded to Council at· a later date; and the report does not include a cost benefit analysis, or suggest which improvements should be publicly committed to versus private sector commitment. Council Member Cutler spoke in favor of private corporations in the Roanoke Valley subsidizing quality of architecture which would help the City to improve architecture in the downtown area. ~e stated that there is water in the downtown area which comes from Lick Run. ~e added that the proposed architecture looks a lot like architecture in New Orleans because it invokes the thought of music and it is hoped that the Dumas ~otel will be included in the same way. Council Member McDaniel inquired as to what could be done relatively soon and inexpensively that would create a level of excitement. Mr. Lowe responded that illuminating the ceiling in the Market ~all would help and the installation of balconies around Center in the Square would provide an interesting and dynamic impact. 78 Vice-Mayor Fitzpatrick stated that it was important to understand that the City has gone through a metamorphous for many years in downtown Roanoke, downtown is a very important part of the economy of western Virginia, and how the City Market area is renovated will have an impact on a large number of people far beyond the Roanoke City limits. ~e cautioned that if the core of the City is not strong in terms of changing and growing, it will not be advantageous to pump money into the surrounding area. On behalf of the Council, Vice-Mayor Fitzpatrick expressed appreciation to market consultants for staying within the boundaries of the City's request and for their creative vision and sense of functionality. At 1 :50 p.m., the Vice-Mayor declared the Council meeting in recess until 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, February 6, 2006, 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 ~arris presiding. PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian j. Wishneff and Mayor C. Nelson ~arris _______n____________nn____________n______n__________________________n7. A BS ENT: Non e nnn______n_nn - ---- n___nnn ___n___ ______n _nn_ ------- n______n_nnn_ --0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, 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 ~arris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor recognized the following middle school students from Wonju, Korea: Jang, ~yun Woo Kang, Sung Tak Lee, Gil ~yun Park, Sung Bae Yang, Ji Won Jung, Mok In Lee, ~ang Lee, Su Ji Lee, Sol Gi Song, Yeon ~ee, Chaperone 79 The Mayor advised that the City of Roanoke and Wonju, South Korea, will celebrate the 42nd Anniversary of their Sister Cities relationship this year; and the year 2006 also marks the third opportunity for students from Roanoke and Wonju to have the experience for a cultural and educational exchange. ~e stated that currently nine middle school youth from Wonju have been welcomed into Roanoke homes; and host families with children of complimentary ages have provided unique opportunities for personal enrichment during a three- week visit from January 20 to February 12. ~e expressed appreciation to Robert Roth, David Lisk, and Jennifer Mulligan, representing Roanoke Valley Sister Cities, for coordinating the visit. The Mayor presented each student with an ~onorary Citizen Certificate and a Roanoke pin. ~e presented Ms. Song, Chaperone, with an ~onorary Citizen Certificate and a crystal star which is symbolic of the star on Mill Mountain. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, November 21, 2005, Monday, December 5, 2005, and Monday, December 19, 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 Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h n eff an d Mayor ~ arris --------n---------------n----------n____----------__________________n___7. NAYS: Non e n__n n______ nn_n___n__n__'nn_-n-_n _nnn______nn'_n____nn__n__nnn___O. ANNUAL REPORTS-ARC~ITECTURAL REVIEW BOARD: A communication from the Architectural Review Board transmitting the 2005 Annual Report, was before Council. (See pages 65-68.) Vice-Mayor Fitzpatrick moved that the 2005 Annual Report of the Architectural Review Board be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: 80 AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wish neff and Mayor ~arris nnn_n_n______nn______________n_____________________nnn______n___7. NAYS: Non e_nn_u_nn _nnnn___ __ nnn___ __nnnn__ ___00_ noon ___nnnn_n_n___nn_ -n--O. ANNUAL REPORTS-ROANOKE NEIG~BOR~OOD PARTNERS~IP: A communication from the Roanoke Neighborhood Advocates transmitting the 2005 Annual Report, was before Council. It was advised that the Roanoke Neighborhood Advocates Committee was established in August 2003 by Council; and the Committee moved rapidly forward during the 2004-2005 period to better define ways to meet its assigned mission to improve communication between government and neighborhoods and to help improve neighborhoods. The following accomplishments were summarized: Code Enforcement Priority: RNA chose Code Enforcement as its priority issue a year ago after polling neighborhood organizations. Imoroved Communications on Zonino Issues: Put in place a system whereby each RNA member receives copies of Board of Zoning Appeals requests that affect the neighborhoods that a specific member is assigned as the contact. Exoanded Efforts to Encouraoe Citizen Communication: Two RNA members are working with member councils at Roanoke Redevelopment and ~ousing Authority sites to encourage public housing members to become involved with the neighborhood organizations in their area. Education of Committee Members: RNA members have been present at most major issue gatherings in the past year, from discussions about housing and retail development in South Roanoke and Southern ~ills, to proposed use for land near the Roanoke Regional Airport, to presentations on proposals for school stadiums and plans for a Social Security office in Gainsboro. Oversaw Neiahborhood Grants Proaram: RNA reviewed grant applications and awarded, with City Staff, $49,025.00 in grants to improve neighborhoods. Suooort for Brownfields Grants: RNA worked with ~ousing and Neighborhood Services to support the department's grant proposal to EPA in which it seeks funds to assess and pOSSibly clean up two Brownfield areas. Contributions to ~ousina and Neiahborhood Services Efforts: RNA members have contributed to the neighborhoods' newsletters, most recently on the grants program. RNA members conducted grant training for neighborhoods and attended overall grants information sessions. An RNA member is overseeing the grants application process working with City staff. Resource Centers in Librarv: RNA has helped to establish neighborhood information centers in three libraries: Gainsboro, Melrose and Jackson Park. Plannina: RNA is submitting requests for funds through ~ousing and Neighborhood Services in the next budget year for workshops and publications that can strengthen neighborhood groups. There is a need to work on the following: · Establishing and/or reinforcing neighborhood groups. · Efforts to set up a neighborhood organization in the Gilmer area have not been successful, but meetings that have been held for that purpose allowed residents to hear about the City's new zoning ordinance and to hear about the Gateway project by representatives of the Roanoke Redevelopment and ~ousing Authority. · Membership 81 82 . RNA's membership now stands at 11, with two vacant positions. RNA has never had a full participating membership, but movement in and out of the committee has resulted in a strong core group of people dedicated to the committee's mission. Vice-Mayor Fitzpatrick moved that the 2005 Annual Report of the Roanoke Neighborhood Advocates be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wish neff and Mayor ~arris------nmnn------mnnn----mn------nm---------------------------7. NAYS: Non e-nn noon _nnn_n_n_nnn__nn_nnnn_____nnnnnn_ ___n__ nnn_n__n_nn_O. COMMITTEES-TOWING ADVISORY BOARD: A communication from Tommy Wood tendering his resignation as a member of the Towing Advisory Board, was before Council. Vice-Mayor Fitzpatrick moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor ~arris------nn---nmnnn---------------mnm---m--m---m----------m 7. NAYS: Non e _nn__nn__nnn _nnnn__n_ _nnn__ nnn__nn ___00_ noon - n____ noon nnn___nO. CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to execution of a lease agreement with Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for space located in the City Market Building, 32 Market Square, for a three year period, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor ~arris___---nnmn-----nnmnn-m----------mn------------------------m7. NAYS: Non e n_nn__n____nnn _nn___ __nn nn__nn_nnnnn _nn__noo__nn__n_n_nn__n_O . 83 Y.M.C.A.-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in connection with execution of an amendment to the lease with the YMCA of Roanoke Valley, Inc., was before the body. It was advised that on January 9, 2004, the City entered into a lease with the YMCA of Roanoke Valley, Inc., to lease certain City properties to the YMCA; the lease provides that the City will lease to the YMCA Official Tax Map Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 113413, which are located lIirectly north of the new YMCA facility and, in addition, the lease provides that after the City receives from the YMCA, three additional lots on which the old YMCA is located and most of the adjoining parking lot, Official Tax Map Nos. 1011206, 1011209, and 1011210, the City will also lease the lots to the YMCA. It was further advised that the YMCA has requested an amendment to the leases that instead of leasing Official Tax Map Nos. 1011206, 1011209, and 1011210 to the YMCA, the City would lease Official Tax Nos. 1113508, 1113509,1113510,1113511,1113512,1113513,1113514,1113515, and 1113516 which are vacant lots located at the corner of 5th Street and Luck Avenue S. W. It was explained that the term of the original lease and the requested amendment shall be on a month-to-month basis until the City constructs a public parking structure in the West Church Avenue corridor; and a public hearing is required as a prerequisite by Council to authorize amendment to the lease The City Manager recommended that Council authorize a public hearing to be held on February 21, 2006 at 7:00 p.m., or as soon thereafter as the matter may be heard. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor ~arris --------------n-----n----------------_____________________nnn___..___n7. NAYS: Non e ___On _nnn___n_n___n_nnn_ - _n_n_n__n_nn _n___ nn_n__n --nn-n_n__n___O. CITY EMPLOYEES-EMERGENCY SERVICES: A communication from the City Manager advising that Section 44-146.19, Code of Virginia (1950), as amended, requires Council's concurrence in the appointment of a Coordinator of Emergency Management; and Michael Guzo, formerly with the North Carolina Department of Emergency Management, was selected for the position, was before the body. 84 The City Manager recommended that Council concur in the appointment of Michael Guzo as Coordinator of Emergency Management for the City of RÐanoke, effective February 1, 2006. Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of the City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor ~arris___n________________mn___n_-n___n___-m______nn___-n____________n7. NAYS: Non e ___nn -- _n_n_. _n_n__nn nn ___00 __ nnnn _nn___nnnnnn_nnn _nnn_n___nO. COMMITTEES-ZONING-~UMAN DEVELOPMENT COMMITTEE-OAT~S OF OFFICE-ROANOKE NEIG~BOR~OOD PARTNERS~IP: A report of qualification of the following persons, was before Council: Cheri W. ~artman as a member of the ~uman Services Advisory Board, for a term ending November 30, 2009; Carol J. Jensen as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Earnest C. Wilson, ending June 30, 2007; and Joseph F. Miller as a member of the Board of Zoning Appeals, for a term ending December 31, 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: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h neff and Mayor ~arrisnnn___n______n_______nmn______n___mnmn______n______n_·__·__7. NAYS: Non e _nnnn n___nn_nnn ____ nn n_nn ___nn_ noon _n___n_nn__nn__nnn_nn_n_O. REGULAR AGENDA PUBLIC ~EARINGS: CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, February 6, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease City-owned property located at 32 Market Square, S. W., to Louis and Anita Wilson, d/b/a Burger in the Square, to be used as a food service establishment, for a term of three years, commencing March 1, 2006, the matter was before the body. 85 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 27, 2006. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building located at 32 Market Square; and the City began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract for the property. It was further advised that Louis and Anita Wilson, owners and operators of Burger in the Square, have requested a lease agreement for approximately 462 square feet to operate a restaurant serving hamburgers and hotdogs for a period of three years, beginning March 1, 2006 through February 28, 2009, and the proposed agreement establishes the following base rent: First Floor Soace Per Square Monthly Annual Rent Period Foot Rent Amount Amount 3/1/06 - 8/31/06 $32.26 $467.77 $2,806.62 9/1/06 - 2/28/07 $28.00 $406.00 $2 436.00 3/1/07 - 2/29/08 $28.84 $418.18 $5,018.16 3/1/08 - 2/28/09 $29.71 $430.73 $5,168.70 S d I S econ F oor ,Dace Per Square Monthly Annual Rent Period Foot Rent Amount Amount 3/1/06 - 2/28/07 $10.00 $240.00 $2,880.00 3/1/07 - 2/29/08 $10.30 $247.20 $2,966.40 3/1/08 - 2/28/09 $10.61 $254.62 $3 055.39 It was explained that the initial two six month periods of the proposed rent for first floor space provides a transition from the lease rate in Mr. and Mrs. Wilson's previously expired lease into the new per square foot rent structure that has been identified in the Market Building for food court tenants; rent for the second floor space is for a secured food prep area used solely by the tenant and is not a part of the common area space; the common area maintenance fee is $300.00 per month for first floor space and $100.00 per month for second floor space that will increase by three per cent upon each anniversary of the Lease; Burger in the Square restaurant has been a tenant in the City Market Building since June 1, 1999, and there is no renewal provision in the lease. 86 The City Manager recommended that she be authorized to execute a lease agreement with Louis and Anita Wilson, d/b/a Burger in the Square, for approximately 462 square feet of space in the City Market Building, for a period of three years, beginning March 1, 2006 through February 28, 2009, said lease agreement to be subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37287-020606) AN ORDINANCE authorizing the lease of approximately 462 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three years beginning March 1, 2006 through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, page 132.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37287- 020606. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37287-020606 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h neff and Mayo r ~arri S______nm___mnn____nnm____________m___m_______nmn___n_____7 . NAYS: Non e-n-- __n__ nnn__nnn _nn__nnnn__n____ nn__nn_n_n n_nn _n_n__ --00-- -00000. CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, February 6, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to lease City-owned property located at 32 Market Square to Adel Eltawansy, d/b/a Zorba's, to be used as a food service establishment, for a term of three years, commencing March 1, 2006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 27,2006. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building located at 32 Market Square, and the City began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract for the property. 87 It was further advised that Adel Eltawansy, owner and operator of Zorba, has requested a lease agreement for approximately 210 square feet to operate a restaurant serving Greek and Mediterranean cuisine for a three year period beginning March 1, 2006 through February 28, 2009; and the proposed agreement establishes the following base rent rate: Per Square Monthly Rent Annual Rent Period Foot Amount Amount 3/1/06 - 8/31/06 $36.03 $630.53 $3,783.15 9/1/06 - 2/28/07 $28.00 $490.00 $2,940.00 3/1/07 - 2/29/08 $28.84 $504.70 $6,056.40 3/1/08 - 2/28/09 $29.71 $519.84 $6,238.09 It was explained that the initial two six month periods of the proposed rent provides a transition from the lease rate in Mr. Eltawansy's previously expired lease into the new per square foot rent structure that has been identified in the Market Building for food court tenants; common area maintenance fee is $300.00 per month that will increase by three per cent upon each anniversary of the lease; and Zorba's restaurant has been a tenant of the Market Building since November 1, 1989, and there is no renewal provision in the lease. The City Manager recommended that she be authorized to execute a lease agreement with Adel Eltawansy, d/b/a Zorba, for approximately 210 square feet of space in the City Market Building, for a period of three years beginning March 1, 2006 through February 28, 2009, said lease agreement to be subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37288-020606) AN ORDINANCE authorizing the lease of approximately 210 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three years beginning March 1, 2006 through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, page 133.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37288- 020606. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing. There being none, he declared the public hearing closed. 88 There being no questions or comments by Council Members, Ordinance No. 37288-020606 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor ~arris___mm______m__nnmnn______m___nmnnnn_______nm____n___7. NAYS: None n_ _n_nn__nn_______n_nnnn_nnn ____nnnnnnnn ___nn nnnn n___n_n_nO. CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, February 6, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to lease City-owned property located at 32 Market Square to David Z. Estrada, d/b/a Chico's Big Lick Pizza, to be used as a food service establishment, for a term of three years, commencing March 1, 2006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 27, 2006. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building, located at 32 Market Square; and the City began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract for the property. It was further advised that David Z. Estrada, owner and operator of Chico's Big Lick Pizza, has requested a lease agreement for approximately 680.5 square feet to operate a restaurant serving pizza; the proposed lease agreement is for a three year period, beginning March 1, 2006 through February 28, 2009; and the following base rent rate is proposed: Per Square Monthly Rent Annual Rent Period Foot Amount AmOunt 3/1/06 - 8/31/06 $31.85 $1 806.16 $10.836.96 9/1/06 - 2/28/07 $28.00 $1.587.83 $ 9,527.00 3/1/07 - 2/29/08 $28.84 $1.635.47 $19,625.62 3/1/08 - 2/28/09 $29.71 $1,684.53 $20,214.39 It was explained that the initial two six month periods of the proposed rent provides a transition from the lease rate in Mr. Estrada's previously expired lease into the new per square foot rent structure that has been identified in the Market Building for food court tenants; and the common area maintenance fee is $400.00 per month that will increase by three per cent upon each anniversary of the lease; and Chico's Big Lick Pizza restaurant has been a tenant of the Market Building since August 1, 1995, and no renewal provision is contained in the lease agreement. 89 The City Manager recommended that she be authorized to execute a lease agreement with David Z. Estrada, d/b/a Chico's Big Lick Pizza, for approximately 680.5 square feet of space in the City Market Building, for a period of three years, beginning March 1, 2006 through February 28, 2009, said lease agreement to be subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37289-020606) AN ORDINANCE authorizing the lease of approximately 680.5 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three years beginning March 1, 2006 through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, page 134.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37289- 020606. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37289-020606 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h n eff an d M ayor ~arri Snm----------mn_____mnn__n_______m____m______n___nm________7 . NAYS: Non e ___n__nn__ __nn __nn__ _n_n_nn_nnn_n__n__ _nnnn__n____nn_n____n_nn_O. CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, February 6, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to lease City-owned property located at 32 Market Square to Georgia Raines Crump, d/b/a Nuts N Sweet Things/LicketySplit, to be used as a food service establishment, for a term of three years, commencing March 1, 2006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 27, 2006. 90 The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building, located at 32 Market Square; and the City began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract for the property. It was further advised that Georgia Raines Crump, owner and operator of Nuts n Sweet Things/LicketySplit, has requested a lease agreement for approximately 290 square feet of space to operate a restaurant serving sweets, ice cream/frozen yogurt cuisine; the proposed lease agreement is for a three year period beginning March 1, 2006 through February 28, 2009; and the follOWing base rent rate is proposed: Per Square Monthly Rent Annual Rent Period Foot Amount Amount 3/1/06 - 8/31/06 $33.62 $812.48 $4,874.90 9/1/06 - 2/28/07 $28.00 $676.67 $4,060.00 3/1/07 - 2/29/08 $28.84 $696.97 $8.363.60 3/1/08 - 2/28/09 $29.71 $717.88 $8,614.51 It was explained that the initial two six month periods of the proposed rent provides a transition from the lease rate in Ms. Crump's previously expired lease into the new per square foot rent structure that has been identified in the Market Building for foqd court tenants; common area maintenance fee is $300.00 per month that will increase by three per cent upon each anniversary of the lease; Nuts n Sweet Things/LicketySplit restaurant has been a tenant of the Market Building since October 1, 1995, and no renewal provision is included in the lease. The City Manager recommended that she be authorized to execute a lease agreement with Georgia Raines Crump, d/b/a Nuts n Sweet Things/LicketySplit, for approximately 290 square feet of space in the City Market Building, for a period of three years, beginning March 1, 2006 through February 28, 2009, such lease agreement to be subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the follOWing ordinance: (#37290-020606) AN ORDINANCE authorizing the lease of approximately 290 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three years beginning March 1, 2006 through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, page 135.) 91 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37290- 020606. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance NÐ. 37290-020606 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wis h neff and Mayo r ~arri s--m---------------------mnnnmm______n_m_________nm_m___n_7. NAYS: Non e __n___ __nnn__n___n_nn n__ _nn__n____ _nnn_nn__nn_n___nnnn_ -n___nn_O. CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, February 6, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to lease City-owned property located northwest of the former City Nursing ~ome at Coyner Springs to Ned Jeter for agricultural use, for a term of one-year, with an option for four one-year renewals, commencing March 1, 2006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 27, 2006. The City Manager submitted a communication advising that property owned by the City of Roanoke in Botetourt County located northwest of the former City Nursing ~ome at Coyner Springs has been leased for agricultural purposes to several individuals since the early 1970's; through the years, the City has reduced the size of the leased tract, which is now approximately 7.41 acres; the current lease which has been in effect since April 20, 1982, with Richard B. and Ned B. Jeter has expired and the Jeters have requested that Ned Jeter be granted a one-year lease, with four mutually agreed upon one-year renewal options, under the same terms as the previous lease at $74.10 per year. It was further advised that farming of the tract of land serves the primary purpose of eliminating the need for City forces to keep the land cleared and mowed; lease rate is $10.00 per acre per year; the lessee will be required to maintain fencing as necessary and assume all liability for damage to and by his actions, or the actions of livestock, machinery, equipment, employees and guests; and the lessee will provide liability insurance listing the City of Roanoke, its officers, agents, employees and volunteers as additional insured. 92 The City Manager recommended that she be authorized to execute a lease agreement with Ned Jeter for approximately 7.41 acres of land in Botetourt County, for a period of one year, subject to four additional renewals of one year terms, upon mutual agreement of the parties, beginning March 1, 2006 through February 28, 2007, said lease agreement to be subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37291-020606) AN ORDINANCE authorizing the lease of an approximate 7.41 acre tract of City-owned land in Botetourt County, located northwest of the former City Nursing ~ome at Coyner Springs, for agricultural purposes, for a term of one year beginning March 1, 2006, and expiring February 28, 2007, with four mutually agreed upon one year renewal options under the same terms, at an annual rental of $10.00 per acre per year; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, page 136.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37291- 020606. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37291-020606 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h neff and Mayor ~arri S_________m___n___n_____m___n__________mn___m___________nn__n__ 7 . NAYS: Non e _________n_____noo_n_____n________n__nn_n__nnnnn___nnnn_n_nn_n___nnO. PETITIONS AND COMMUNICATIONS: ~OUSING/AUT~ORITY-TOTAL ACTION AGAINST POVERTY: A communication from Theodore J. Edlich, III, President, Total Action Against Poverty (TAP) advising that: . TAP purchased the Terrace Apartments last year; in doing so, it has been TAP's intent from the beginning to manage and renovate the property in such a way that it will increase the quality of life for families residing there and add value to the neighborhood and to the City of Roanoke. · After much consideration of the various financing options, TAP has concluded, and its Board of Directors supports, the submission of a low income housing tax credit application in order to fully renovate the property. · By using this financing mechanism, TAP can reduce unit density from 225 units to 199, incorporate ten per cent of the units with families at 80 per cent AMI, and invest at least $40,000.00 per unit. · This funding source will allow TAP to make improvements to the major mechanical systems, improve accessibility within the complex, modernize outdated units, provide additional amenities to the complex and improve landscaping. · In addition to the benefits to residents, renovation will provide an increase in the amount of annual property taxes from the current rate of $58,000.00 to approximately $125,000.00. · To maximize the amount of private funds, TAP is applying for credits in two phases, Terrace North and Terrace South, and will submit two successive low income tax credit applications over two consecutive years, 2006 and 2007, to provide resources for renovating the entire complex. · If TAP is successful in obtaining low income tax credits, it plans to proceed with applying for tax deferred bond funding which is not competitive, but will provide far less funding ($25,000.00 per unit), prohibit TAP's ability to reduce density, limit additional landscaping and not allow TAP to consider any apartments that are above 60 per cent of median income. · While this will improve the existing property, it will not give TAP the resources to do the substantial improvements that low- income tax credits will provide. · TAP has sought to place itself in the best possible position to be successful by putting together a competent team which includes J. M. Turner Construction Company, Art & Architecture, Development Initiatives, Inc., Gentry, Locke, Rakes & Moore, Terrace residents, the Greater Raleigh Court Civic League and the Wasena Neighborhood Forum. 93 94 . Several design sessions were held with residents and community meetings were held with neighborhood organizations in order to make certain that they understand the project, to provide the opportunity to make comments and suggestions and to keep open the lines of communication as the process moves forward. . TAP recognizes and understands the City of Roanoke's position with regard to the support of tax credit applications to create additional low-income housing and is not attempting to create more low-income housing, but rather to improve the quality of low-income housing that already exists and to further reduce the density of the complex; and, in addition, the project will enhance residential housing in surrounding neighborhoods and increase property taxes coming to the City of Roanoke. Mr. Edlich introduced ~eather Polson, Chair, TAP Board of Directors; Angela Penn, TAP Director of ~ousing and Community Development; Susheela Shanta, President, Development Initiatives, Inc.; Tim Barnett, representing Turner Construction Company; and Rick ~aynie, representing Art and Architecture. Mr. Edlich advised that in order to move the project forward and to be successful in the application process, TAP is asking for the City of Roanoke to support the application and to provide financial support from the City's allocation of ~UD funds in the amount of $500,000.00 over a four year period, which is less than three per cent of the total investment on the project and will be returned to the City in taxes within seven years. Ms. Polson advised that the Terrace Apartments Project will provide a unique opportunity for the City of Roanoke and TAP to form a partnership inasmuch as the City has expressed an interest in reducing housing density, while maintaining a model of mixed income development. She stated that residents of the Terrace Apartments have been good neighbors which could be attributed to the long-term and stable management group that was retained by TAP; TAP wishes to make improvements to the apartments by reducing density, performing the necessary systems improvements, and making exterior improvements such as landscaping. She called attention to letters of support from the Greater Raleigh Court Civic League and the Wasena Neighborhood Association and advised that the City has been presented with information outlining three financing options; TAP will proceed with some renovations to the Terrace Apartments; however, the extent of renovations will depend upon funding and the level of the City's support. She explained that the minimal financing option would be a non competitive bond financing that would provide approximately $25,000.00 per unit and allow for certain systems upgrades, but no exterior improvements, and will not allow for a reduction in the percentage of low income housing; an intermediate option would require a letter of support 95 from the City of Roanoke, but no financing by the City, would provide more funds per unit for systems upgrades, and would also reduce density in terms of the actual number of apartments in the complex. She stated that the final option, which requires both a letter of support from the City and $500,000.00 over a period of several years, would allow TAP to both reduce the density of the number of apartments and reduce the percentage of low income residents by setting aside ten per cent of the units with no income restriction, and providing that type of mix would be viable, espeCially to senior citizens because the apartments are located within walking distance of all of the various amenities in the Grandin Road area. Ms. Penn advised that the neighborhood development process has been inclusive of all parties that would be impacted by renovation of the Terrace Apartments; the process started with organizing and conducting several design charettes which offered participants the opportunity to provide input; the first charette was held in September, 2005 and included members of the TAP Board, senior staff members, property management staff, and project architects; the second charette was conducted in November, 2005 with over 75 residents of the Terrace Apartments participating in round table discussions regarding children, grounds, outdoor spaces, accessibility, laundry facilities, community spaces and various services; and the third charette involved talking with neighbors through the Greater Raleigh Court Civic League and the Wasena Forum which provided an opportunity for TAP to explain the project and available options in order to move forward with implementation; and both groups chose to support the project in written format. She added that while each session targeted different groups, there was a similarity of comments; I.e.: removal of trash receptacles from view, access by those who do not live in the community, increasing outdoor lighting, improving accessibility throughout the complex, a need for community space, and appropriate play areas for children. She stated that TAP is pleased with the· process which has been one of openness and inclusion of all stakeholders. Susheela Shanta, President, Development Initiatives, Inc., advised that when TAP acquired the property, one of its goals was to renovate the complex and to provide a better quality of housing for tenants already living in the Terrace Apartments, which included upgrading and updating all appliances in the units, a new roof, modification of the heating system from gas to electric; when the cost of completing all renovations was evaluated, which are projected at over $20 million, it was decided to approach the project in two phases, Terrace North and Terrace South; the Low Income ~ousing Tax Credit Program, offered by the Virginia ~ousing Development Authority, includes a ceiling on the number of credits that can be accessed at anyone time for a project in any given year, or 650,000 credits which converts to approximately $5.8 million in investment; and when broken down into two projects over two separate funding years, TAP would be able to generate about twice as much in funds, therefore, 96 TAP made the decision to complete the project in two phases. She noted that reducing housing density was previously discussed; currently the complex consists of 225 apartments, and by dividing the project into Terrace North and Terrace South, Terrace North, which currently has 93 units will be financed first; and by reducing density, the number of apartments will be reduced to 78 which is approximately 18 per cent of total units. Council Member Cutler stated that he was in support of the concept to improve the Terrace Apartments; however, assuming that the City of Roanoke provides $500,000.00 toward renovation of the apartments, how much additional property tax would be paid per year to the City beyond what would have been paid without the City's subsidy; and, in effect, the City would be reimbursed through increased property taxes for its front end investment. Ms. Shanta advised that TAP estimates if the City supports approximately $500,000.00, TAP could invest about $60,000.00 or more in hard costs per unit, thereby increasing property taxes or assessment by over two times; and currently, property taxes are approximately $58,000.00 per year for the entire complex, and it is anticipated that property taxes will at least double and will payoff the City's investment. Vice-Mayor Fitzpatrick advised that the request should be referred to the City Manager for study and report prior to any action by Council. Council Member Dowe referred to a statement in Mr. Edlich's letter that if TAP is not successful in obtaining low income tax credits, it will proceed with applying for tax deferred bond funding which is not competitive and will provide far less funding. ~e stated that it appears that certain things may need to happen before TAP makes a decision on whether to apply for a tax credit or tax deferred bond funding. Ms. Shanta advised that TAP will apply for low income housing tax credits for Terrace North by March 11, 2006, which is the deadline for applications; the only unknown is that housing tax credits involve a highly competitive process and if TAP scores high enough and has the support of the City, it will be funded. There was discussion with regard to external changes to the complex and whether the changes would aesthetically alter the façade; whereupon, Ms. Shanta advised that the complex is a historic structure; therefore, certain standards imposed by the Secretary of the Interior will apply to renovation and will require TAP to obtain authorization by the Department of ~istoric Resources and the National Park Service to perform the necessary modifications. She stated that any exterior changes will be more in line with improving the quality of life for occupants, sidewalks currently do not connect and residents cannot traverse the sidewalk without walking in the road, therefore, sidewalks will be redesigned to make travel a more continuous 97 process with landscape improvements, exterior windows will be replaced and/or repaired as needed, some storm windows will be installed to make the building more energy efficient, the area designated for trash will be sheltered and fenced in, motion sensitive lights will be installed, playgrounds will be constructed with a proper basketball court and playground equipment, traffic calming measures will be implemented, and sheltered mailboxes and other desirable features could be added subject to funding. During further discussion, Ms. Shanta advised that ten per cent of the units will be reserved for persons with mobility impairments and will be handicap accessible; currently, there are no elevators in the complex and due to costs in excess of $50,000.00 each, no elevators will be installed, however, stairwells currently exist on two sides of the building at each entrance; and the site is hilly, but access to at least ten per cent of the units is available from the street on the first level. Council Member Lea inquired if TAP is working within a time frame in which to receive the City's letter of support; whereupon, the City Manager advised that the City has until March 25, 2006, to respond to the request of TAP, as well as two other requests that have been received. . Council Member Lea spoke in support of renovating the Terrace Apartments which is a quality of life issue. Council Member Wishneff inquired about incentives available to residents as a result of TAP's involvement in the project; whereupon, Mr. Edlich responded that one of the virtues of TAP owning the apartments is that TAP is a local organization and there is a certain amount of accountability to people in the community and to Council; and TAP offers a wide variety ofresources that can be made available to residents. Council Member McDaniel inquired about schematic drawings for the buildings; whereupon, Mr. Edlich advised that TAP is required to negotiate with the Department of ~istoric Resources with regard to exterior enhancements and when actual schematic drawings are available and follOWing approval by the Department of ~istoric Resources, the plans will be submitted to Council for review. Under the scenario of improvements of $25,000.00, $45,000.00 and $60,000.00 per unit, Council Member McDaniel inquired if the amount will actually go toward improving each unit, or if the number was based on the number of housing units. Ms. Shanta responded that the number was calculated by using total hard costs for the project, and hard costs are construction costs divided into the number of actual units. 98 Question was raised with regard to the difference between the $45,000.00 and $60,000.00 scenarios; whereupon, the architect advised that it could make the difference between the actual number of units to be modified. ~e stated that handicapped accessibility is an issue, currently there is no air conditioning in any of the buildings, three bedroom units have one bathroom and the goal is to install two bathrooms that are ADA compliant; if funds are decreased, the most logical approach would be to decrease the number of units to be renovated; and first floor units will be needed in order to meet handicapped accessibility requirements. There was discussion with regard to median income of residents; whereupon, Ms. Shanta advised that the tax credit program requires that all tenants be held to income limits of 60 per cent AMI, and going above 60 per cent AMI automatically removes that number of units from the basis on which tax credits are calculated; however, when looking at the market analysis in Roanoke, potentially 80 per cent of area median income residents would be interested in living in the complex. Mr. Edlich advised that if TAP receives the full support of the City, which includes not only a letter of support, but $500,000.00 over a four year period, the density of low income housing will be reduced by 45 units, or 200 units as opposed to 225 units; and a specific number of units would be available to persons at any income level in order to create mixed income residency. Mayor ~arris advised that the Raleigh Court area is one of the most economically and ethnically diverse neighborhoods in the City of Roanoke which provides the area a certain dynamism, synergy and vitality. ~e stated that TAP has presented three options which the Vice-Mayor has suggested should be referred to the City Manager for study and report, and .if Council wishes to proceed, the matter should be referred to the City Manager for a recommendation to Council within 30 days. ~e added that the request should also be referred to the Director of Finance, particularly as it relates to Option No.3 which includes a request for $500,000.00 over a period of four years. Mr. Edlich requested that TAP receive some indication of the City's interest prior to March 5, 2006. The City Manager advised that TAP has been requested to furnish additional information, all of which will be necessary to complete a comprehensive review. She stated that if the City were to make a commitment of $500,000.00, or some other amount over a period of time, such action would be in advance of the normal process for identifying either CMERP needs or on-going capital needs; and it is difficult to consider TAP's request without giving consideration to all other requests for assistance. 99 Following further discussion, it was the consensus of Council to refer the request of Total Action Against Poverty to the City Manager for report to Council prior to and no later than the regular meeting of Council on Monday, March 6, 2006. (Council Member Wishneff leh the meeting.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. CITY EMPLOYEES-ECONOMIC DEVELOPMENT: The City Manager introduced Stuart Mease, Special Projects Coordinator, Economic Development. She advised that his primary responsibilities will be to attract and retain young people to the Roanoke area and to serve as liaison between City of Roanoke businesses and area institutions of higher education. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a communication advising that on August 11, 2000, the Virginia Fire Services Board (VFSB) adopted a policy of providing grants, termed "Mini-Grants" from interest earned by the Fire Programs Fund; the VFSB Committee on Fire Prevention and Control was charged with the responsibility of administering such programs in cooperation with the Virginia Department of Fire Programs (VDFP); a provision was adopted to restrict such grant activities - projects and programs which positively impact and/or further fire service training within the Commonwealth of Virginia; the maximum award for any Mini-Grant is $10,000.00; and in fiscal year 2001, the Mini-Grant's first award cycle, the Virginia Fire Services Board made 27 awards, totaling over $100,000.00. It was further advised that the Virginia Department of Fire Programs recently announced that the Roanoke Fire-EMS Department was awarded a $7,500.00 Department of Fire Programs (DFP) "Mini-Grant", which requires no local match; the award will be used by the Fire/EMS Department for construction of a forcible entry simulator at the Roanoke Valley Regional Training Center; and with the grant, the Training Center will be able to purchase a simulator to provide forcible entry classes that now require appropriation of a vacant building that is ohen difficult to obtain. 100 The City Manager recommended that she be authorized to execute the required grant agreement and any other related documents, subject to approval as to form by the City Attorney, in the amount of $7,500.00; and that Council adopt an ordinance establishing a revenue estimate, in the amount of $7,500.00, and appropriate funds in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Council Member Cutler offered the following budget ordinance: (#37292-020606) AN ORDINANCE to appropriate funding from the Commonwealth for the Department of Fire Programs Training Mini-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. 70, page 137.) Council Member Cutler moved the adoption of Ordinance No. 37292- 020606. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r ~ arri s _______'___n_______nnnn_ ___n_ - n__n___nnn___n_________nn___nnn_________n__nn__n6. NAYS: Non e--nnn---- _n_____ ______n____nn_ n_n__n__________n____n_____n_______n___nn__O. (Council Member Wishneff was absent.) Council Member Dowe offered the following resolution: (#37293-020606) A RESOLUTION accepting a mini-grant offer made to the CitY by the Virginia Fire Services Board and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 70, page 137.) Council Member Dowe moved the adoption of Resolution No. 37293- 020606. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and MélYClr ~élrris--------------------------------------------------------------------------------------------------15. NAYS: Non e __n_____n__n___ _n___nn____nnnnn ------- ______n______n___ _n___________n___nO . (Council Member Wishneff was absent.) 101 BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS-EQUIPMENT: The City Manager submitted a communication advising that the Virginia Department of ~ealth, Office of Emergency Medical Services, administers a Rescue Squad Assistance Fund (RSAF) grant program which is awarded twice annually; and Roanoke Fire-EMS applied for the grant in September 2005 in order to purchase a Ford Type 111 Ambulance and medical monitoring equipment. It was further advised that in January 2006, the State Office of Emergency Medical Services awarded Roanoke Fire-EMS a grant of $42,235.00 to be used toward the purchase of an ambulance with an apparent bid, if accepted, of $89,794.00; the grant requires a $47,559.00 local match; and sufficient matching funds are budgeted in Fleet Management - Vehicular Equipment, Account No. 017-440-2642-9010. The City Manager added that the State Office of Emergency Medical Services has also awarded Roanoke Fire/EMS a grant, in the amount of $19,500.00, to be used toward the purchase of medical monitoring equipment requiring a $19,500.00 local match; and funding for the local match is budgeted in Local Match Funding for Grants, Account No. 035-300-9700-541 S. The City Manager recommended that she be authorized to execute any required grant agreements or documents, subject to approval as to form by the City Attorney; and that Council adopt a budget ordinance establishing revenue estimates, in the amount of $61,735.00 (RSAF Grant) and $67,059.00 (RSAF Local Match), transfer $47,559.00 in local match funds from the Fleet Management Fund, Account No. 017-440-2642-9010, transfer $19,500.00 from Local Match Funding For Grants, Account No. 035-300-9700-5415; and appropriate funds totaling $128,794.00 to an expenditure account to be established by the Director of Finance in the Grant Fund. Council Member Cutler offered the following budget ordinance: (#37294-020606) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) 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. 70, page 138.) Council Member Cutler moved the adoption of Ordinance No. 37294- 020606. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: 102 AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r ~ arri s _______________nn_________nnnnnn___________n___n_____nn_____nn___n_n_______nnn_6. NAYS: No n e _______nnn_ ____nn_____nnn_ _________n___nn_ ------ __nn nn___ _00___ __n___nnO. (Council Member Wishneff was absent.) BUDGET-~OUSING/ AUT~ORITY-GRANTS: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), ~OME Investment Partnerships (~OME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U. S. Department of ~ousing and Urban Development (~UD); substantial amendments to the Plan must undergo a 30- day public review and be approved by City Council; and it is recommended that the City's 2005-2010 Consolidated Plan be amended to add the 2006 World Changers project, and revise the Belmont Community ~ealthcare Center project. It was further advised that World Changers, a volunteer ministry of the North American Mission Board, Southern Baptist Convention (World Changers), brings together youth and adults from across the nation to participate in housing and related community service projects; last year, under a subgrant agreement with Blue Ridge ~ousing Development Corporation, Inc. (BR~DC), which provided CDBG funding for materials and other support, approximately 350 World Changers volunteers assisted in repairing over 30 homes in the City of Roanoke; given three consecutive successful years with the project and the productive working relationships that have been established, the City, BR~DC and World Changers are looking to conduct another project during the week of July 10, 2006; and a total of $80,000.00 in CDBG funds is to be committed to the 2006 project. The City Manager stated that the Belmont Community ~ealthcare Center (BC~C) project was originally designed to use $42,000.00 in CDBG funding for predevelopment costs associated with constructing a healthcare center to serve the Belmont and Fallon neighborhoods; and uncertainties in other Federal resources have required postponing development of the faCility to allow CDBG funds to assist with obtaining health services needed by residents to be provided at neighborhood or other sites through partnerships with other health providers. It was explained that the required 30-day public review period for the amendments began on December 21,2005, with comments due by the close of business on January 23, 2006; no objections to the proposed amendments were received; in order to implement activities, authorization by Council is required to execute subgrant agreements; with regard to World Changers, a subgrant 103 agreement will outline activities to be undertaken; the $80,000.00 in CDBG funds must be appropriated from approximately $404,000.00 in 2005-2006 program income in excess of current revenue estimates which includes $445,000.00 excess program income received from The ~otel Roanoke, less other planned program income still to be collected from other sources; and the balance of excess program income will be appropriated for use in the 2006- 2007 budget. With respect to the BC~C project, the City Manager advised that the subgrant agreement is still in development, and it is anticipated that the agreement will be submitted at the February 21 , 2006 Council meeting. The City Manager recommended that she be authorized to amend the 2005-2010 Consolidated Plan Annual Update to add the World Changers project and to revise the Belmont Community ~ealthcare Center project, including submission of the necessary documents to ~UD; that Council adopt a budget ordinance increasing the revenue estimate in Account No. 03s-G06-0600-2634 (Hotel Roanoke Section 108 Loan) in the amount of $80,000.00 and appropriate funds in the same amount to Expenditure Account No. 03s-G06-0620-s468 (World Changers 2006 Funds); and further authorize the City Manager to execute a CDBG Subgrant Agreement with Blue Ridge ~ousing Development Corporation, Inc., to be approved as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37296-020606) AN ORDINANCE to appropriate Community Development Block Grant funding for the World Changers Program, 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. 70, page 140.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37296- 020606. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and ~a,,()r ~arris--------------------------------------------------------------------------------------------------E5. NAYS: Non e __n___n___________ n______n___nn______n___n____________n_n____nn_ __n____ n---O. (Council Member Wishneff was absent.) Council Member Dowe offered the following resolution: 104 (#37297-020606) A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006 World Changers project and the revision of the Belmont Community ~ealthcare Center project, and to execute and submit necessary documents to the U. S. Department of ~ousing and Urban Development ("~UD"), including a subgrant agreement, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 70, page 141.) Council Member Dowe moved the adoption of Resolution No. 37297- 020606. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and ~ély()r ~élrris--------------------------------------------------------------------------------------------------15. NAYS: Non e ________nn____nnn_______n__n_______n____n____n___ __n____nn___ ________n___nO . (Council Member Wishneff was absent.) CITY EMPLOYEES-COMMUNITY PLANNING-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that on May 10, 2005, Council adopted an ordinance establishing a pay plan for officers and employees of the City, as well as providing for annual salary increments for certain job classifications which require the use of privately owned motor vehicles used in the course of conducting City business. It was further advised that in September 2005, the Department of Planning Building and Development was reorganized to include the Department of Economic Development; a job classification of Director of Planning Building and Economic Development was also created and filled; in December 2005, a Special Projects Coordinator position in the Department of Planning Building and Economic Development was advertised and the position was filled in January 2006; because of the nature of the position, the employee will be traveling and using a personal vehicle on a daily basis; and neither abovereferenced job classification was included in the ordinance adopted by Council on Tuesday, May 10, 2005, to provide for the salary increments. The City Manager recommended that Council adopt an ordinance amending Ordinance No. 37047-051005 to include an annual salary increment for personal vehicle use of $2,000.00, each, for the Director of Planning Building and Economic Development and the Special Projects Coordinator (Position No. 2181 only). Vice-Mayor Fitzpatrick offered the following ordinance: 105 (#37298-020606) AN ORDINANCE amending Ordinance No. 37047- OS 1005, which adopted and established a Pay Plan for officers and employees of the City, effective July 1, 2005; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, page 142.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37298- 020606. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r ~ arri s n__n__n_nnn_____nnn_______n --nn_____n_nn__n_nnnn__n__nn_nn___n_nn___n6. NAYS: Non e nnnn_n____n_nn__n__nn_nn___nn_n_____nn_nn -___n_nn_n~___n_n__n_O. (Council Member Wishneff was absent.) BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that the Commonwealth of Virginia mandates that localities take responsibility for answering wireless E-911 calls, rather than having the calls routed and answered by the State Police; the Virginia State Wireless E-911 Service Board provides funding to localities for equipment and limited sala'ries to provide the service; the State currently collects $.75 per month for each wireless telephone user to fund localities for expenses associated with the services; on December 1, 2005, the Virginia State Wireless E-911 Services Board awarded the City of Roanoke an additional $144,808.00 for fiscal year 2005-2006, with no requirement for matching funds; and the additional funds will be used to upgrade system hardware and software. The City Manager recommended that Council adopt a budget ordinance accepting the increase in the revenue estimate for E-911 Wireless, in the amount of $144,808.00 and appropriate funds in the same amount to Account No. 013-430-9870, E-911 ~ardware/Software Upgrades. Council Member Dowe offered the following budget ordinance: (#37299-020606) AN ORDINANCE to appropriate funding from the Commonwealth for E-911 Wireless Service, amending and reordaining certain sections of the 2005-2006 General and Department of Technology Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, page 143.) 106 Council Member Dowe moved the adoption of Ordinance No. 37299- 020606. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and ~él,,()r ~élrris--------------------------------------------------------------------------------------------------/). NAYS: No n en---------- __nn___nn______nnn _n___n __n____n__________n______n___n____n___O. (Council Member Wishneff was absent.) POLICE DEPARTMENT: The City Manager submitted a communication advising that Verizon ~opeLine is a nationwide program designed to support domestic violence victims; and donated cellular phones are recycled and provided to domestic violence victims, while other proceeds of the program provide grants and training to support recognized domestic violence prevention programs. It was further advised that recognizing the needs of domestic violence victims, the Roanoke Police Department wishes to participate with the Verizon ~opeline Program through the Virginia Attorney General's Office by serving as a collection point for phones donated by citizens and by donating phones which have come into police possession that are not returnable to their owners and are not evidence in any legal proceeding; and the Police Department will then ferward the phones to the Virginia Attorney General's Office located on Peters Creek Road to be given to the Verizon ~opeline Program. It was explained that Section 2-263, Code of the City of Roanoke (1979), as amended, requires approval by Council for acceptance of any gift exceeding $5,000.00 in value; and although the actual value of most of the phones donated to the program is minimal, at some point it is anticipated that the cumulative value of phones donated to the Police Department will exceed the $5,000.00 level. The City Manager recommended that she be authorized to receive donated cellular phones for the Verizon ~opeLine Program through the Police Department; and that she be further authorized to dispose of cellular phones in the custody of the Police Department that are unclaimed and not subject to any claims or legal holds to be delivered to the Office of the Attorney General of the Commonwealth of Virginia for subsequent donation to the Verizon HopeLine Program or to a comparable charitable program. Council Member Cutler offered the following resolution: 107 (#37300-020606) A RESOLUTION authorizing the City Manager to receive, on behalf of the City of Roanoke and the Roanoke City Police Department, out-of-service cellular phones, and unclaimed cellular phones in the possession of the Police Department that are not evidence and are in no way subject to any claims or legal holds, such phones to be delivered to the Office of the Attorney General of the Commonwealth of Virginia for the Verizon ~opeLine Program (~opeLine). (For full text of resolution, see Resolution Book No. 70, page 144.) Council Member Cutler moved the adoption of Resolution No. 37300- 020606. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and MélYClr ~élrris--------------------------------------------------------------------------------------------------€i. NAYS: Non e nnn __nn_n_ _n_n__ _n_ _n.-nnn-- _nnn_n_____nnnn__nn _n_n__n____nn_O . (Council Member Wishneff was absent.) BUDGET-~OUSING/AUT~ORITY-FLEET MANAGEMENT FUND: The City Manager submitted a communication advising that the City of Roanoke Circuit Court in the case of Walter S. Claytor, et. al. v. Roanoke Redevelopment and ~ousing Authority (RR~A), ruled in favor of the plaintiffs; following the ruling, judgment in the amount of $503,338.50, plus per diem interest was granted to the plaintiffs, and the Board of Commissioners of the RR~A has recommended that an appeal not be filed; the Board of Commissioners has submitted a resolution to the City requesting that the necessary funds be provided for fulfillment of the obligations of the judgment; and total funding, in the amount of $504,127.00, which includes per diem interest, needs to be appropriated to fulfill obligations of the judgment. The City Manager recommended that $300,000.00 be transferred from Roanoke Neighborhood Development Corporation Crew Suites, Account No. 008-002-9651-9003, and $204,127.00 be transferred from Undesignated Fund Balance, Account No. 001-3323, to Risk Management Miscellaneous Claims, Account No. 019-340-1262-21 73; and that $168,611.00 be transferred from Undesignated Fund Balance, Account No. 001-3323, to Motor Fuels Contingency, Account No. 001-300-9410-3012. Council Member Dowe offered the following ordinance: 108 (#37301-020606) AN ORDINANCE to appropriate funding from the Capital Projects Fund and General Fund Undesignated Fund Balance for the Claytor Settlement and Motor Fuel Contingency, reordaining certain sections of the 2005-2006 General, Capital Projects and Risk Management Funds, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, page 145.) Council Member Dowe moved the adoption of Ordinance No. 37301- 020606. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r ~ arri s ___n_nn__ nnn _n_n__n_nn_ - nnn ___n_ _n_n__ nnn _n____ _nn_nn _nnnn___nnnn6. NAYS: No n e_nnnn_ -------- nnn__nn_____nn__nnn nnn n____ _nn_nnn_nnn________n_O. «Council Member Wishneff was absent.) CITY ATTORNEY: REGIONAL COOPERATION-WATER RESOURCES: The City Attorney submitted a written report advising that the State has adopted regulations requiring all local governments to submit water supply plans to the State; for localities participating in regional water supply plans, the deadline for notifying the State is November 2008; and Council Member Cutler requested that a resolution be prepared expressing the intent of Council to participate in development of a regional water supply plan along with the Counties of Bedford, Botetourt, Franklin and Roanoke, the Cities of Roanoke and Salem, and the Towns of Boones Mill, Rocky Mount and Vinton. Council Member Cutler offered the following resolution: (#37302-020606) A RESOLUTION expressing City Council's intent that the City participate in a regional effort to develop a regional water supply plan in accordance with Virginia's local and regional water supply planning regulations. (For full text of resolution, see Resolution Book No. 70, page· 147.) Council Member Cutler moved the adoption of Resolution No. 37302- 020606. The motion was seconded by Council Member McDaniel. 109 Council Member Cutler advised that the City of Roanoke is required by State law to apprise the Virginia Department of Environmental Quality as to how the City plans to meet the new requirement for a long-range water supply plan; i.e.: either a City only plan or a regional plan; and neighboring jurisdictions in the Upper Roanoke River Watershed and around Smith Mountain Lake have expressed an interest in participating in a regional plan. ~e stated that the Western Virginia Water Authority and the Roanoke Valley-Alleghany Regional Commission stand ready to be of assistance; much of the work has already been completed with the SO year water supply option study prepared by Black and Veatch Consultants approximately two years ago; some specifics such as a timetable for construction associated with development in a more robust interconnected regional water supply system will need to be added; and an interconnected water system should have the compatibility to address potential terrorists attacks and natural disasters. ~e spoke in support of adoption of the resolution. Vice-Mayor Fitzpatrick advised that Montgomery County has a water line located less than one mile from Spring ~ollow. and suggested that Montgomery County be invited to participate; whereupon, Council Member Cutler advised that the invitation has been extended and declined. Resolution No. 37302-020606 was adopted by the follOWing vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r ~ a rri s ---- n____ ________n__n n----__nn____n______n_nn___________nnn____________nn_n__n___6. NAYS: Non e nn _______________nn___ n________n__nn______nn____n___ _______n____ n____ ---n--O. (Council Member Wishneff was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of December 2005. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance advised that the City's overall revenues are up just over nine per cent, which is about a four per cent positive variance over budget anticipation; the City received approximately $2.5 million from the State for highway maintenance allocation earlier in 2006 than the allocation was received last year, general property taxes are ahead of budget, sales taxes are trending along at about three per cent, the meals tax is at about four per cent, and transient room taxes are up a little over ten per cent compared to last year, which is indicative of the fact that more people are staying over night in the City of Roanoke. ~e added that the City recently received bids on the sale of about $35 million of general obligation bonds; and financing was completed on 110 Patrick ~enry ~igh School, expansion of the Civic Center, and the last phase of financing on the Riverside Centre for Research and Technology. ~e called attention to active bidding on the sale of bonds and the City received an excellent interest rate of 4.1 per cent on the majority of the 20 year bonds, which leaves the City with approximately $236 million in total tax supported debt outstanding; and the City has a certain other lesser amount of debt that have their own funding streams, such as user fees or reimbursement by the State, etc. As a part of the bond issuance process, he explained that the bond rating agencies assigned a credit rating to the City of Roanoke which has been confirmed as a double A bond rating; the City's debt level is termed as moderate; and the City has been commended for its annual strategic planning process and adoption of a Five Year Capital Improvement Program. On the contrary, he pointed out that bond rating agencies note that wealth levels as measured in household income in Roanoke are somewhat below the State and national averages which is an issue that is targeted for the Council's strategic planning process. ~e stated that for the past five years, the City has been able to finance a number of significant capital projects, and also refinance essentially all of the outstanding debt at interest rates varying from approximately 4 to 4 ~ per cent for 20 year debt. There being no questions or comments and without objection by Council, the Mayor advised that the Financial Report for the month of December would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINIS~ED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY T~E MAYOR AND MEMBERS OF COUNCIL: STATE ~IG~WAYS: Council Member Cutler expressed appreciation to the Virginia Department of Transportation (VDOT) for planting a total of 229 trees, including oaks and maples, redbuds and others, and SO shrubs along the 1-581/220 Expressway corridor (located at the Route 419/Tanglewood interchange, Wonju Street, Franklin Road, Peters Creek Road, and various locations along 1-581). ~e added that VDOT also planted 25,000 day lilies and 25,000 daffodils at the Elm Avenue, Wonju Street, Franklin Road and Orange Avenue interchanges. 111 SPORTS ACTIVITIES-SC~OOLS: Council Member Dowe congratulated the Roanoke Chapter of the Southern Christian Leadership Conference and the Roanoke Chapter of the NAACP on the success of their annual banquets. ~e advised that he attended an activity at William Fleming ~igh School in which the No. 1 football jersey worn by John St. Clair, who currently plays professional football for the Chicago Bears, was retired. PUBLIC WORKS: Vice-Mayor Fitzpatrick commended Robert K. Bengtson, Director, Public Works, and Kenneth ~. King, Manager, Division of Transportation, and their staff for collecting the last cycle of leaves in the City of Roanoke. FIRE DEPARTMENT: Vice-Mayor Fitzpatrick advised on January 28, 2006, the "To The Rescue" exhibit was displaced from Tanglewood Mall. ~e stated that Roanoke is known all over the world for its railroad heritage and for the first volunteer rescue squad in the United States. Therefore, he inquired if the "To The Rescue" exhibit could be temporarily housed at the City's Number One Firehouse. The City Manager advised that she previously met with representatives of the "To The Rescue Museum", at which time the City's assistance was requested. She stated that City staff will identify potential sites and while every effort will be made to locate another site, a smaller space than that which was previously occupied at Tanglewood Mall may be offered. POLICE DEPARTMENT: Council Member Lea advised of the appointment of the City's Domestic Violence Task Force. He noted that the first meeting will be held on February 17, 2006, at 10:30 a.m., in the Police Department Community Room, 348 Campbell Avenue, S. W., and expressed appreciation to Assistant City Manager for Community Development, Rolanda Russell, for her assistance in establishing the task force. LIBRARIES: Council Member McDaniel called attention to a series of workshops that will be held at the Roanoke Public Library with regard to navigating the Internet. ~EARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS: Mr. Robert Craig, 701 12'h Street, S. W., advised that four of the present Members of Council have been in office for four or more years which is too long to be able to blame their predecessors for past mistakes. ~e stated that the Director of Real Estate Valuation has been placed under the direct supervision of the Director of Finance which may be a conflict of interest. ~e advised that after listening to the Victory Stadium fiasco for the past six 11 2 years, he has reached the conclusion that Victory Stadium is nothing more than a red herring used to divert attention from other important issues, such as a failing school system which is under the direction of a School Board that is appointed by and responsible to City Council· and has never been held accountable for its actions. ~e stated that those persons who have served on the Council for four or more years are more of a problem than a solution, specifically to the school system; whereupon, he called for their resignations and suggested that they seek reelection in the next Councilmanic election to validate their leadership. COMPLAINTS-ARMORY/STADIUM: Mr. John E. Kepley, 2909 Morrison Avenue, S. E., called attention to an article that was recently published in The Roanoke Tribune that raises certain questions and provides certain answers, i.e.: Question: Who is controlling City Council and how they vote on the issue of Victory Stadium? Does Carilion ~ealthcare Systems want the land on which Victory Stadium now stands; if they want the land, how have they planned to obtain it? ~ave they influenced members of City Council? ~ave members of City Council been bought out and are they not in Carilion's pocket? ~e stated that these are all questions that should be answered, but what are the facts? He advised that the newspaper article contends that an inspection of campaign (ontributions at the Registrar's Office revealed that several Carilion officers made substantial contributions to the campaigns of several City Council Members; two members of the City Planning Commission are directly tied to Carilion and others; and one member of the City Planning Commission is (urrently serving as architect for the Patrick ~enry ~igh School improvements/stadium. ~e stated that he has been told that at the public hearing to be held this evening on the Patrick ~enry ~igh School stadium rezoning, the City Planning Commission will vote to rezone the land at Patrick Henry ~igh School for a stadium and a member of City Council will offer a motion to call for the immediate demolition of Victory Stadium. ~e added that if the motion passes and the demolition of Victory Stadium occurs before the May Councilmanic election, three events will follow this violation of the rights of citizens: (1) the independent ticket of Dowe, Mason and Trinkle will be soundly defeated; (2) when the new City Council is sworn into office, they will immediately call for the resignation of the City Manager, and (3) he would personally lead a crusade for the Mayor's impeachment. POLICE DEPARTMENT-FIRE DEPARTMENT: Ms. Zoe Stennett, 3531 Peters Creek Road, N. W., advised that she has addressed Council on numerous occasions with regard to increased wages for Roanoke's publiC safety employees. She expressed concern with regard to a recent newspaper article in The Roanoke Times which stated that the City of Roanoke ranks second in the Commonwealth of Virginia for incidents involving violent crime; therefore, the City should allocate more funds to support public safety employees. 11 3 ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, ~ardy, Virginia, advised that Victory Stadium is not only a memorial to World War II veterans, but a historic site ranking number two behind The ~otel Roanoke. ~e advised that when Victory Stadium was no longer maintained by the City's Department of Parks and Recreation, it fell into a state of disrepair; however, if the City were to appropriate sufficient funds, the stadium could be renovated at less cost than constructing a new stadium and could be enjoyed by all citizens of the City of Roanoke. COMPLAINTS-ARMORY /STADIUM-ROANOKE CIVIC CENTER-SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that Council acted illegally in the appointment of an attorney to the Roanoke City School Board. ~e called attention to inadequate parking at the Roanoke Civic Center on the night of Wednesday, February 1, 2006, when two simultaneous events were. held; directions to the City's parking garages were not clear, out of town visitors parked their vehicles on the Post Office Parking lot, and vehicles were towed, costing the owners $300.00 - 400.00 to retrieve their cars, therefore, it is unlikely that those same visitors will return to Roanoke. ~e added that the City needs to move away from the Victory Stadium issue. and concentrate on other pressing needs of the City; if the City constructs a .new parking garage with municipal bonds, the facility should be constructed in the vicinity of the Roanoke Civic Center which would eliminate the need for shuttle buses. COMPLAINTS-ARMORY/STADIUM: Mr. Robert E. Gravely, 727 29'h Street, N. W., .called attention to the need for more attractions in the downtown area to generate tax revenue, the need to improve the appearance of older buildings in downtown Roanoke, and the need for improvements to the City's infrastructure. ~e expressed concern with regard to the City's high crime rate, wages that are not sufficient to retain and to attract young people to the Roanoke Valley, a tax base that prevents the average person from purchasing a home, City leaders who should be replaced because citizens have lost trust in them, and renovation of Victory Stadium. ~e stated that Roanoke's leaders are too conservative and too slow to make changes for the betterment of the community and its people. CITY MANAGER COMMENTS: NONE. OAT~S OF OFFICE-FIRE DEPARTMENT-COMMITTEES: The Mayor advised that there is vacancy on the Board of Fire Appeals created by the resignation of Bobby Lavender, for a term ending June 30, 2008; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Richard B. Sarver. 114 There being no further nominations, Mr. Sarver was appointed as a member of the Board of Fire Appeals, to fill the unexpired term of Bobby Lavender, ending June 30, 2008, by the following vote: FOR MR. SARVER: Council Members Cutler, Dowe, Fitzpatrick, Lea, M cDan ie I and Mayo r ~arri Sn_________nn___nm_______n_m_mnnnm_mn______mn______n__6. (Council Member Wishneff was absent.) OAT~S OF OFFICE-~OUSING/AUT~ORITY-COMMITTEES: The Mayor advised that the three year term of office of Sherman V. Burroughs, IV, as a member of the Fair ~ousing Board will expire on March 31, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Sherman V. Burroughs, IV. There being no further nominations, Mr. Burroughs was reappointed a member of the Fair ~ousing Board for a term ending March 31, 2009, by the following vote: FOR MR. BURROUG~S: Council Members Cutler, Dowe, Fitzpatrick, Lea, M cDan ie I and Mayo r ~arri S_________nnnm_n_nn___n_____m_n___nn_mn______n_______m___6. (Council Member Wishneff was absent.) At 4: 15 p.m., the Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber for a joint meeting of Council and the City Planning Commission. At 7:00 p.m., on Monday, February 6, 2006, the Council meeting reconvened in joint session with the City Planning Commission; 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 ~arris presiding. The purpose of the meeting was to conduct a public hearing by the Council and the City Planning Commission to consider the Second Amended Petition to Amend Proffered Condition, filed by the City of Roanoke on December 23,2005, for property located at 2102 Grandin Road, S. W., Official Tax No. 1460101, said amendment of proffers dealing with the construction and operation of a school sports stadium, practice fields and tennis courts at Patrick ~enry ~igh School. 11 5 PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson ~arrisn-----m---------n-------------------nmnnm_nnnm____________n7. A BS ENT: Non e _000000____00__ _nn_nnnn_n_n__oonnnn_n_______nnnnn__n_n_ _nnnn_O. The Mayor declared the existence of a quorum. CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., D. Kent Chrisman, Robert B. Manetta, Paula L.. Prince, Richard A. Rife, ~enry Scholz (arrived late) and Frederick M. Williamsm-m-------------------m--nnnmn------7. ABS E NT: Non en_nnnn_nn___nnn__nnn_nn________ __nn_nn_ __nnoo____nnnnn_n__O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. OT~ERS PRESENT: R. Brian Townsend, Agent, City Planning Commission; and Martha P. Franklin, Secretary, City Planning Commission. Richard Rife, Chair, City Planning Commission, read the followi:1g statement: "I, Richard Rife, of Rife and Wood Architects, located at 1326 Grandin Road, S. W., Roanoke, Virginia, state that I have a personal interest in the rezoning matter involving Official Tax No. 1460101, the lot on which Patrick ~enry ~igh School is located. Therefore, pursuant to Virginia Code Section 2.2-3112(A)(1), I must refrain from participation in this matter. I ask that the Secretary for the Planning Commission accept this statement and ask that it be made a part of the minutes of this meeting for the Planning Commission and be retained for five years, as required by Section 2.2-3115 of the Code of Virginia of 1950, as amended." Mr. Rife then seated himself in the audience for the remainder of the public hearing. The invocation was delivered by Vice-Mayor Fitzpatrick. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor ~arris. 116 PUBLIC ~EARING: ZONING: Pursuant to instructions by the Council and the City Planning Commission, the City Clerk and Secretary to the City Planning Commission having advertised a joint public hearing for Monday, February 6, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to delete a proffered condition and to have certain revised and new proffered conditions apply to certain property located at 2102 Grandin Road, S. W., Official Tax No. 1460101, Patrick ~enry ~igh School, for the purpose of development of a high school sports stadium, tennis courts, and practice fields, the matter was before the two bodies. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, January 23, 2006, and Monday, January 30, 2006. The Mayor reviewed the following process for conducting the public hearing: 37 individuals previously signed up to speak, and each person would be allotted up to three minutes, with no extension of time; the petitioner would be called upon to make a presentation, followed by citizen comment; and at the conclusion of citizen comments, the City Planning Commission would conduct a public hearing, entertain comments and vote on the matter,to be followed by the Council's public hearing comments and vote. R. Brian Townsend, Agent, City Planning Commission, stated that Bernard Godek, Associate Superintendent for Management, Roanoke City Public Schools, and Richard Rife, representing Rife and Wood Architects, would present a summary of the proposed project, followed by the recommendation of City Planning staff, which would be followed by public comments. Inasmuch as Mr. Rife, Chair, City Planning Commission, had excused himself from presiding over the meeting and the Vice-Chair was not present, Mr. Manetta inquired if the City Planning Commission could continue to conduct business. The City Attorney advised that according to by-laws of the City Planning Commission, in the absence of the Chair and the Vice-Chair, the Planning Commission could elect a temporary chair, and upon arrival, the Vice-Chair would automatically preside over the remainder of the meeting. In the absence of the Chair and Vice-Chair, Mayor ~arris called for nominations by the City Planning Commission of a Temporary Chair; whereupon, Mr. Chrisman placed in nomination the name of Robert B. Manetta. There being no further nominations, Mr. Manetta was elected as Temporary Chair of the City Planning Commission by the following vote: 117 FOR MR. MANETTA: Commissioners Butler, Chrisman, Prince, Williams and Man etta n_nnn_n____________nnnn_n_n_____nnn_nn___ _nnnn__n _nnnnnnn____nnn_n 5 . (Commissioner Scholz was absent.) The following is a summary of Mr. Godek's presentation: · Roanoke City Public Schools reaffirms its desire to develop a multi-purpose athletic facility at Patrick ~enry ~igh School. · Since the School Administration is charged with the responsibility of doing what is in the best interests of Roanoke's students, it is requested that Council approve the petition to amend the zoning of property located at 2102 Grandin Road, S. W. · On October 27, 2005, the Superintendent's Athletics Committee presented an interim report to the School Board as a part of a workshop session which recommended that a 3,000 seat multi- use stadium and new track facilities be constructed at both Patrick ~enry and William Fleming ~igh Schools. · In addition to the interim report, the Committee provided the School Board with a detailed cost estimate for construction of the two proposed stadiums. · The cost of each stadium, including track facilities, is $4.1 million. · Subsequent to the filing of the Petition to Amend the Proffers, and at the direction of the Superintendent of Schools, four community engagement meetings 'were held by the school system at Patrick ~enry ~igh School on November 17, November 22, December 1 and December 8, 2005, which were hosted by a third-party facilitator. · The purpose of the meetings was to solicit community input and to disseminate information regarding the proposed siting and construction of a stadium at Patrick ~enry ~igh School. · Information was provided to community members in the form of a resource panel which included representation from the school administration, staff from the Department of Planning, Building and Development, the City of Roanoke Police Department, Rife and Wood Architects and civic organizations. 118 · ~andouts were also provided depicting the proposed siting, graphic renderings, lighting equipment information, and information pertaining to artificial turf surfaces. · Community members were given the opportunity to communicate concerns during question and answer sessions, a telephone hot-line was established, question response cards were used, and an internet survey was available. · Concerns were synthesized into key issues that the school administration worked diligently to address. · Community concerns were categorized as follows: traffic, parking, pedestrian control, noise, lighting, litter and security. · Formal written responses were provided to community members upon request. · The school administration listened well and' took the various concerns and recommendations seriously, and as a direct result of input that was received· from the community, the school administration and the School Board provided substantial proffers that were incorporated into a Second Amended Petition to Amend Proffered Condition. · The substantial proffers are a sign of the school system's commitment to both students and to community members who may be impacted in some way by including a multi-use sports facility as part of the new Patrick ~enry ~igh School. · It is the goal of the school administration and the School Board to provide students with a complete and quality educational experience and Roanoke's students should expect nothing less from their leaders. · Building complete schools that contain all of the educational and supplementary facilities needed by students are key elements to providing a quality educational experience. Mr. Godek advised that the School Administration respectfully requests that the City Planning Commission and City Council approve the Second Amended Petition to Amend Proffered Condition with regard to property located at 2102 Grandin Road, S. W., to allow for development of a proposed multi-use athletic facility. Vice-Chair Scholz entered the meeting at 7: 17 p.m. and took the Chair. _.0...-... ~i ~--"..... -- ~-':L l.!... --- ~'~'::;:J I . . .!!;.- *~ .; -w -,)) ...1 ..-. -- ifl\liIilÊ¡¡¡.¡g¡p.... @_.......A11 ..._--.... 1Il1it.lP'--=- .It ~..! ...~.,.- ....-- 1lIlIJr"";- I ----- U~-.- "Tili ~:iii:3~1. - ..---~-_.._- .-------..----- -- ~··~~~".v' .... 'I . ." ö- -".~. ~,.. ··c\'·t" _i Ì-:l."!. -~- "irl~~~' -, _."J~ [": " .~. \':J~~lI:~t~ lJ~' ~~' Ei ---..... ·I~-.. -- ~~..... , , { ~..--, III '- '. 11 9 ,...... . . I L , __C'lL.'=- _C.~.. Rife-__ ~- '- -.¡¡¡ -- --~ --- to.: ....... -- - ~ ---- ..-- -- Ïí ~ _or -- fQl1A1lIlÞ.I.IO. """"'- - - -- FClUR Mr. Rife reviewed the above proposed site plan amendment to the previously proffered site plan for Patrick ~enry ~igh School and pointed out orientation of the school and surrounding facilities. · Gibboney ~all will remain as included in Phase I of school construction and was occupied last month. · Phase II construction will be devoted to fine arts, including an auditorium, art classrooms, blackbox theatre, music spaces, and athletics and physical education gymnasium, locker rooms, training facilities, etc. · Parking was reworked so that the primary entrance into the school will remain as is, there will be a bus loop with teacher parking, as well as locations for entrance to the school by those students who ride the bus and those who drive; parking areas at the school, as well as additional parking beside Gibboney ~all and Raleigh Court Elementary School, will be used to support the proposed stadium. 120 . Primary entrance and artificial turf field will support football, Virginia ~igh School League Championship soccer dimensions, lacrosse, a visitor side containing approximately 1,000 seats and a home side of about 2,000 seats. "--_....~ .~.."l' ............ . --...- . . . ~.. .. .. .. .. .. .. .. . ~ .. ~ . .~. @lI!'11'·.... . . . . I . . ~ . I .. .. :.=~;;=-ã;.:; ltiff: t Wood [ij ...r.l1lru· -=.~~~-= .-- -~.,ü;¡ -- --.--=---== _¡"WI ---. -~iiii -'~m ~ ..-- - ...... -... .- . ~ STMlIUI6 .... - ~ SIX ..:<;T,ft,nIUM PLAN.dan 121221200'2:2$,.9 PIo' · The stadium is unique in that it is contained in a sunken bowl, with the entrance at the ticketing point. · Visiting fans would ascend up the sidewalk ramp, which is handicap accessible with a five per cent grade, and the concourse level would step down into concrete bleachers built into an earthen berm, with separate concession and toilet facilities for visiting fans. · ~ome fans would go to the other side, ascend up a similar sidewalk ramp, which is handicap accessible with a five per cent grade, from the concourse level, fans could step down for 1,000 seats, or go up for a second 1,000 seats, with total seating of 2,000 seats; and included are male and female restroom facilities, concession area, six field lighting supports, sidewalk, and an earthen berm wraps around the field. 1 21 . A small service road leads to a service/storage building under the elevated portion of the home stands, and continues around to a small tunnel that allows vehicle access to the field at grade level. ... . . .. . .. . .. L ---='=- -=-= ..=',=:-~_"I: lifotWood. .IC·lttlr1t. ''''''':i,1:;..''';":C: 0_- -~ _Miii --.-.-- . --Au -='l--- =~tuÜi SECTION THROUGHST ADIUIA @) ~!.,~D-YARD LINE SECTION THROUGH ST ADIUIA §~.,SAST END ZONE· -'-ä ~. 'A'I'IICl tBM' ¡ ~-~ I .. @ ~;~~ON THROUGH STAOIUM AT 50-YARD LINE t ~ - .. STADIUM SECTIONS - ~ - · The field is dug down in an effort to reduce height, bulk and impact on the surrounding neighborhood. · The dotted line represents the existing grade, field level was sunk by an average of seven feet, and the earth that was excavated out was berméd up into a bowl around the building so that on the visitors side, from the concourse level, visiting fans would step down into seating areas, with a concession area, a press box above, and with broadcast areas and coaching positions; and on the home side, from the concourse level, half of the seats are down, half are elevated up, with storage room underneath accessible by a grade level. · One of the advantages of sinking the field down is that it helps to contain sound and noise to some degree, and allows a reduction in the height of the lighting poles; and poles are dependent on being 122 · either 55 or 60 feet above the playing surface, not necessarily above the ground, so when the playing surface is pulled down, the top of the lights are also pulled down.. · Moving through the home side, cutting through a cross section at the ten-yard line, will be the playing surface, a small retaining wall, a grassy berm with a walkway at the top, rounding back down to about the existing grade, and continuing out about 80 feet to the alley behind the home stands that parallel Brandon Avenue. · When looking to the end of the stadium on the east end, toward Blenheim Road, there is a similar situation, including a playing area, small retaining wall, earthen berm up to a concourse level and then back down to a practice field. '~/ (~"Y!?lfJ¡l-I7NJ::-Y.c ~~= f ! .----~: .-- -... _Jiii --.-- _.fiil!ft =........ ---~ _._~ ..-- ~ - t? ,-I. 1-:....,.1.'./- ~- . An aerial view of the entire campus shows the main entrance into the campus, Raleigh Court Branch Library, the Governor's School, Raleigh Court Elementary School, the existing track which will remain and be converted to a metric configuration with a rubberized topping, and the existing baseball field will remain. 123 · Part of the project will include the three existing tennis courts and three additional non-lighted tennis courts will be added to provide for a total of six tennis courts, which is the proper number for tennis competition on campus, and in keeping with the desire of the school system to playas many competitions on campus as possible. · With regard to the new building portion that will soon be under construction, parking will feed into a central ticketing point, visiting side, home side, an additional practice field set up for soccer, football and lacrosse; and a softball field will remain in its current location, and will be expanded to reach regulation dimensions. Mr. Rife reviewed a fly-over tour of 3-D images of the stadium and the campus and how the stadium would fit on the campus: · At night, stadium lights would be contained within the stadium bowl; photometric data prepared by engineers representing a light manufacturer substantiates that lighting on sèhool property can be contained; at residential property lines, there will be no more than one-half foot candle of light produced by stadium lighting at the property line, which is one of the proffered conditions and will be submitted to the Board of Zoning Appeals if the request for Amendment of Proffered Condition is approved by Council. · The existing practice field contains a large amount of stored soil that will be used as controlled fill material for Phase II. · Trees that will be planted are a combination of pine and redbuds, and will be added as part of Phase II regardless of the decision pertaining to zoning; and additional landscaping surrounding the stadium is contingent upon the stadium being constructed. Mr. Rife advised that 12 proffers have been submitted as part of the proposal to strictly limit utilization of the stadium, three of which pertain to traffic control, the tenth proffer states that manual traffic control will be provided before and after all home varsity football homes and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department; and all three traffic related proffers were the direct result of meetings with residents of the area and at their request. ~e added that the 11 th proffer states that the intersection of Lofton Road. Finally, he stated that the 12th proffer states that the service entrance to the school from Blenheim Road will be locked and secured to prevent any parking or access, excluding emergency vehicles and team buses, before, during and after every home varsity football game. 124 Mr. Townsend presented the following overview of staff's recommendation: · The site is currently zoned Institutional Planned Unit Development ("INPUD"), the petitioner seeks to amend the previously approved proffers on the development INPUD plan, and requests amendment of the 3,000 seat sports stadium, one additional practice field and three additional tennis courts. · The City is the owner of the property and the City's petition was initiated by Council on November 7, 2005 and filed with the City Planning Commission on November 9, 2005; the First Amended Petition was filed with the City Planning Commission on December 9, 2005; on December 19, 2005, the School Board endorsed proffers as contained in the First Amended Petition; the Second Amended Petition, which is presently before the Council, was filed on December 23, 2005, containing certain minor amendments requested by the City Planning Commission at its meeting which was held on December 21, 2005; and such amendments at that time were agreeable to School administration representatives who were in attendance at the City Planning Commission meeting. · The proposed stadium, practice field and tennis courts are permitted uses in the INPUÒ District as accessory uses to the existing school. . · The lighting of the stadium and any other outdoor lighted athletic field would require a special exception from the Board of Zoning Appeals. · The subject property borders approximately 99 parcels of land, the vast majority of which are Single-family dwellings; however, the site is surrounded by a number of zoning categories, including the R-7, Single-family Residential District, IN, Institutional District, which includes a number of churches on the west side of Grandin Road, R-s, Residential Single-Family District, and MX, Mixed Use District, which includes the Shenandoah Life Insurance Company complex, ROS, Recreation Open Space District, RM-2, Residential Multi-family District, RMF, Residential Multi-family District, and CN, Neighborhood Commercial District, which includes the BP Convenience Store and the All Sports Café at the intersection of Guilford Avenue and Grandin Road. Mr. Townsend stated that: · Exhibit Four of the Second Amended Petition contains information relating to proposed district boundaries and location of all public rights-of-way, drive way and loading areas, as well as information on the location and use of all proposed 125 structures and those existing structures proposed to remain on the site; the location and extent of all remaining and proposed off-street parking spaces are illustrated, in addition to pedestrian routes and the use of open spaces, areas of the site to be maintained in a natural wooded condition which include primarily Shrine ~i1I; and on site lighting details and proposed lumen levels are depicted and quantified on Exhibit Four to ensure that there is no glare beyond district boundaries. · Exhibit Five details the provision of public water and sewer and storm water infrastructure on the redeveloped site. · Exhibit Six illustrates the proposed stadium plan and details the layout of the playing field, seating, concession, toilets and lighting. · Exhibit Seven contains proposed stadium section and structural elevation, all of which are conditions that would be maintained with the petition, if approved. · The School Administration held four community engagement meetings on the campus of Patrick ~enry ~igh School to solicit input from the community on design of the school sport stadium; during the meetings, participants expressed particular concern with regard to traffic, parking, lighting and noise, and City staff examined each concern in detail. · With regard to traffic generated from a large stadium event, which is different from school day traffic, much of the load occurs over a one to two hour period prior to the event, and load out occurs typically over a much shorter time period during off-peak traffic hours; to address loading issues, the petitioner has proffered to utilize the City of Roanoke Police Department to direct traffic ingress and egress from the high school property, and also proffered that certain access points would be closed during operation of the stadium for high school varsity football. · Upon completion of Phase II of high school construction, over 650 parking spaces will be available on the entire campus, with the addition of temporary event parking on Shrine Field to supplement permanent on-site parking; City staff does not recommend additional permanent parking spaces on the site due to policies of Vision 2001-2020, the City's Comprehensive Plan, that discourage excessive surface parking lots and impervious surfaces. 126 · The Petitioner proffers that Patrick ~enry ~igh School stadium lighting would only be used for varsity football games and in the event of darkness in order to complete other sporting events that began during daylight hours; the Petitioner also proffers that stadium lighting would not be used for practices, only for game play; lighting is not proposed for practice fields or for proposed tennis courts; and Exhibit Four contains lumen levels that are proposed for the stadium and at the property line, as well as the design and model that would be used. · Section 36.2-403(f) of the current Zoning Ordinance requires that sport stadium lighting standards shall be established by special exception granted by the Board of Zoning Appeals; and Chapter 21 of the City Code, Section 21-43.1, provides that the operation of any lighted athletic faCility that is contiguous to residentially zoned parcels is prohibited after 10:00 p.m., and the rule would apply to the Patrick ~enry ~igh School location. · The Petitioner has proffered that the stadium public address system will be used only for varsity football games, daytime varsity games and future graduation assemblies, and the stadium has been oriented so that home seating faces Shrine ~ill, thereby directing the loudest crowd noise away from residential areas. · The City Planning Commission held a public meeting on December 21, 2005, and re"quested that several of the proffers be clarified, which clarifications" are included in the Second Amended Petition; during the meeting, the Planning Commission also heard comments from 23 citizens and those comments are annotated in the staff report. In summary, Mr. Townsend advised that given the comprehensive nature of the proffered conditions, both as they relate to design and operation of the facility and the overall relationship of the site to adjacent properties, staff supports the Second Amended Petition to Amend Proffered Condition,and the City Planning Commission should recommend approval of the petition to City Council. (For full text, see staff report on file in the City Clerk's Office.) The Mayor advised that 37 persons had signed up to speak; whereupon, the follOWing persons addressed the Council and the City Planning Commission: 127 Mr. Kurt Navratil, 1877 Arlington Road, S. W., spoke in support of construction of a football facility at Patrick ~enry ~igh School and urged Council, as responsible elected officials, to vote in favor of the Second Amended Petition. ~e stated that it is a good solution, supported by students, the PTSA, the Boosters Club, the City administration, and most of the surrounding neighborhood either wants the stadium, or could care less one way or the other. ~e added that it is a responsible and prudent decision for the future of high school athletics in the City of Roanoke and the least that he, as a neighbor who lives eight houses from the Patrick ~enry ~igh School campus, can do is support the stadium and help to make it successful. After stadia on both of the high school campuses are built, he advised that the reality is that two or three Friday nights may introduce some parking issues for the surrounding neighborhoods; playing football games in the neighborhood offers an opportunity for numerous persons to walk to the games, thereby reducing demands on parking; some traffic congestion will occur on two or three Fridays and Saturdays out of the year; there will be crowds, noise and lights on two to three Fridays and Saturdays out of 52, but the noise will be joyful and fun, lasting no more than about three hours. ~e advised that a complete school campus will increase the likelihood that some students will elect to stay in school for a number of reasons. ~e applauded the PTSA, the Boosters Club, students, the school community, and parents and neighbors who have encouraged Council and the City Planning Commission to listen to the groundswell of support for the stadium at Patrick ~enry ~igh School. Mr. Nick Brash, 2259 Westover Avenue, S. W., spoke in favor of construction of high school stadia. ~e stated that 30 years ago, he grew up in a community in West Virginia that had a stadium adjacent to the high school, which is a good indication of how far below par school facilities are in the City of Roanoke. ~e added that he did not understand the repugnant attitude of some persons who oppose high school stadia; having lived adjacent to his high school stadium for ten years, it generated a sense of community, did not lower property values, and provided a great benefit to students; therefore, all citizens should consider the ramifications for Roanoke's children if the City continues to follow its present direction. ~e stated that if he were a war veteran, he would want a facility to be constructed that would be used by a majority of the City's population that would develop a sense of community, and not a "white elephant" that is located in a floodplain and is rarely used, and he would want a facility that is cost effective and would benefit a majority of the community such as an amphitheater or a similar facility. ~e. stated that funds that pay for renovation of both Victory Stadium and high school stadiums are derived from the same basic source, however, amenities for Roanoke's children should not be delayed until the Victory Stadium issue is resolved. ~e advised that Council's vote should be reflective of a concern for the future of Roanoke's children, and not promises that were made during an election year. 128 Ms. Carol Brash, 2259 Westover Avenue, S. W., spoke as a mother of current and past students of the Roanoke City Public School System, as an advocate for children of Roanoke City Public Schools, as a PTA Board member at the District Council and individual school levels, and as a resident of the Greater Raleigh Court neighborhood. She stated that the best stadium solution for the City of Roanoke is to construct stadiums at each high school for reasons of student safety, reduction of travel time and costs, opportunities for Boosters Clubs to raise funds for athletics and band activities, build school spirit, strengthen school communities, and make the school system more attractive to potential businesses that might consider locating in the Roanoke area. She further stated that while she understood some of the concerns expressed by residents of the area, those same concerns have been satisfactorily addressed by the stadium design and proffers to the rezoning; and other reasons expressed by some persons who are opposed to the two stadium concept cause concern. She added that it is the goal of Roanoke City Public Schools to provide a public education for every child in Roanoke City; it is the motto of the PTA to speak for every child with one voice; and all of Roanoke's students deserve to know that they are valued and welcomed by Roanoke's schools and neighborhoods. She also expressed concern about the example set by some persons who have spoken in the past and while it is their right to express their opinion, it is also their responsibility to do so in a positive and respectful manner and not engage in personal attacks on the Members of Council, or accuse people of having questionable motives, Simply because they are not in agreement with the speaker. She advised that many people have worked long and hard to bring the option of high school stadia to the forefront and they have done so because they believe it is right for Roanoke City; therefore, she urged Council to move forward with a vote to accept the recommendation of City Planning staff. Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., advised that Council voted for the two high school stadiums before reviewing all of the facts. She stated that some taxpayers will not choose to use the high school stadiums, therefore, she asked what type of facility will be constructed for that segment of Roanoke's population. She further stated that the City failed to maintain Victory Stadium for many years which led to its current state of deterioration and inquired as to who will be responsible for funding the maintenance of two high school stadiums. She advised that if the school system funds the maintenance of the two stadiums, less funds will be available for classroom instruction, leading to more students failing the Standards of Learning. Mr. Alan C. Scanlan, 1631 Center ~ill Drive, S. W., advised that he was told at a recent community meeting that Roanoke's children deserve nothing but the best; however, a school system that spends $40,000.00 annually to maintain three airplanes might be expected to give such an answer. ~e used an analogy of the average '~oe Roanoke", who has worked hard for many years and has done his best to take care of his family and to support his community, he deserves the best, but in reality, what can '~oe Roanoke" afford? ~e rides in an 129 old high mileage pickup truck with a slipping transmission, he lives in a small house with one bathroom, his furniture has seen its better day; therefore, when average '~oe Roanoke" and the City of Roanoke examine what is needed, they must also look at what they can afford. ~e inquired as to why other options have not been considered in lieu of looking at only a $4.1 million facility for each high school stadium. ~e stated that while he is suspect of various motives, there are good people on both sides of the issue, and there is a solution at hand if City officials would stop and take the time to review other alternatives and to examine the school stadia issue, the process of which is the antithesis of planning, which has been rushed, flawed, riddled with inconsistencies, and conflicting and inadequate information; and no responsible Planning Commission could support such a proposal. ~e stated that those persons who speak as community leaders and others in support of high school stadia should show the same level of interest in the school system's academic problems by attending School Board meetings. Ms. Mary A. Scanlan, 1631 Center ~i11 Drive, S. W., spoke in opposition to the Patrick ~enry ~igh School zoning amendment for the following reasons: the stadium is too large for the small tract of land on which it is proposed to be constructed; the stadium will be located directly behind a block of residential houses on Brandon Avenue, the site is surrounded by a densely populated and established residential neighborhood, there is insufficient parking on the site, major traffic congestion currently exists at Grandin Road and Brandon Avenue, a new traffic study specifically for a 3,000 seat stadium facility was not prepared, and there was very little input from adjacent property owners and/or immediate property owners with regard to the zoning. She stated that a commitment to proffered conditions with regard to lights, noise, litter, security, problems associated with visitors and parking in the neighborhoods is needed, and over 15 questions were not specifically answered at Patrick ~enry ~igh School community input meetings. She stated that the questions were resubmitted at the William Fleming ~igh School community meeting on January 19, however, no reply has been received to date. Prior to the December 21, 2005 meeting of the City Planning Commission, she stated that she did not know of the bias and conflicts within the City Planning Commission, she did not know that similar problems would surface with the Board of Zoning Appeals, she did not know that Parks and Recreation, as well as other youth and sports groups, would sponsor events at the facility, and she did not know that the school administration appears to have understated attendance in order to qualify for the limited size of the stadium. Mr. Winfred Noell, 2743 Northview Drive, S. W., advised that since November 7, 2005, he has not talked with a single student who supports the demolition of Victory Stadium, and while some favor a new stadium at their school, they also want Victory Stadium to be preserved. ~e stated that he could talk about the stadium in Wilmington, North Carolina, which is a large, older venue similar to Victory Stadium that is used by area high schools for football games; or he could talk about conflicts of interest on the City Planning 130 Commission; or he could talk about City Council Members who think that tax credits for Victory Stadium are a bad idea, but grants and Federal and State money for trolley cars are alright; or he could talk about a government taking land for economic development, or in Roanoke's case ruining people's land; or he could talk about the fact that Roanoke will not have a large enough venue after Victory Stadium is demolished to accommodate any large sporting events in the future; or he could talk about Freedom of Information Act requests that were submitted to the City Manager, only to be told that no such documents exist, yet certain documents were produced for a recent newspaper article. ~e stated that he seriously respects the laws of the· United States of America and advised that he is a citizen of the City of Roanoke, he pays taxes and he is very concerned about the City's present and future. Ms. Suzanne Osborne, 1702 Blair Road, S. W., advised that she was especially concerned that no formal traffic study was prepared, and if a formal independent traffic study were completed, it would support the level of traffic that will be generated on Brandon Avenue at the intersection of Grandin Road and Brandon Avenue as a direct result of the proposed stadium at Patrick ~enry ~igh School. She expressed concern with regard to parking and called attention to a comment made by Mr. Rife at one of the community meetings that when the parking lot reaches capacity, the overflow would park on neighborhood side streets, particularly at the end of Blenheim Road which would allow visitors to access the stadium through the track and through many of the paths that go through the greenway trails to the stadium. She expressed further concern that the process appears to be moving rather quickly, and no one understands why the normal public hearing could not have been held on February 20 following the City Planning Commission's meeting on February 16; therefor, she requested an explanation as to why there is such a rush to make a decision. She added that there appears to be conflicts of interest with members of the City Planning Commission and suggested that those persons recuse themselves from the issues to avoid the appearance of a conflict of interest. She called attention to concerns about vandalism, and the fact that ten potential games, five by each high school, could create an environment where persons who would be emboldened by the cover of darkness could sell illegal substances· and engage in fights, vandalism, and property damage in the neighborhood, none of which have been adequately addressed in the proffers. At community meetings, she advised that City staff stated that proffers can be changed by going through the same process, therefore, any of the proffers that have been submitted to date could be changed. She asked that Council reject the proposal for rezoning. Ms. Margaret Keyser, 2701 Guilford Avenue, S. W., advised that she is a next door neighbor to the Patrick ~enry ~igh School campus and during the 35 years that she has lived in her home, she has enjoyed hearing the band practice and the cheerful voices from baseball and soccer games, but an all sports stadium that will attract large numbers of people will present a different set of circumstances. She stated that on numerous occasions, residents of the area 1 31 have presented concerns with regard to the problems that the proposed stadium would impose upon their compact neighborhood of narrow streets where residents must depend upon on street parking for vehicles that are too large for small garages, or in some cases where no garage exists, who will be in direct competition with stadium users for parking spaces near their own homes. She added that the City Planning Commission agreed that proposed parking plans, as presented by staff, were not adequate; therefore, she requested that parking plans be modified. She stated that the four meetings with the school administration and the City Planning Commission's public hearing did not allay all of her concerns, and the report of Planning staff was not reassuring or complete; and one paragraph of the staff report stated that neighbors should be encouraged to walk to events and that visitors should be encouraged to car pool, whereupon, she raised questions with regard to enforcement issues. She expressed concern that visitors will park on the school campus as long as there are sufficient parking spaces and then they will park in front of her house. Mr. Abney S. Boxley, 301 Willow Oak Drive, S. W., advised that both time and money have been spent on studying the stadium issue without solving the problem; and every conceivable point of view has been considered, yet no consensus has been reached that appeases every constituency, or solves every problem. ~e quoted a previous statement he made regarding Victory Stadium, "Today we are trying to save an old memory, hold outdoor concerts, play one college football game, host a festival, host a football championship maybe, and play high school sports. No reasonable group could agree on a facility that meets all of those needs in a cost effective manner. We cannot have it all." ~e stated that neither Patrick ~enry nor William Fleming ~igh Schools have the athletic facilities that Roanoke's children deserve, nor are they consistent with the school system's goal of creating a world class educational environment; and tonight, Council could take a positive step by amending the Patrick ~enry ~igh School site plan, which will enable the schools to complete the job at Patrick ~enry. ~e further stated that should the Council vote in favor of the petition, it will have solved a problem for Roanoke's students that no other Council has been willing to do and create a home for at least ten football games at Patrick ~enry ~igh School alone; and Council will have sent a clear message that it cares about the future of Roanoke's children, rather than arguing over the past. While the fog of another political campaign hangs low over the City, he advised that it is clear that the need exists for athletic facility improvements in the City of Roanoke, it is clear that athletic facilities are consistent with building a sense of community at the high schools; and it is clear that the problem can be solved in a fiscally prudent and progressive manner. Therefore, he asked that Council vote in favor of the petition. 132 Ms. Jeanne M. Duddy, 1816 Greenfield Street, S. W., advised that the neighborhood surrounding Patrick ~enry ~igh School is small and the City proposes to construct a very large athletic field. She expressed concern with regard to traffic and asked that Council think twice before constructing a large stadium in an already congested area. She expressed further concern that eminent domain may take some private residences. Mr. Jim Fields, 17 Ridgecrest Road, ~ardy, Virginia, advised that Victory Stadium is one of the best stadiums in the country; and when the stadium was under the direction of the Department of Parks and Recreation it was properly maintained. ~e spoke to the need for a stadium that can be used by all citizens of Roanoke that would be large enough to accommodate college football games and other types of outdoor activities. ~e advised that Victory Stadium was constructed as a memorial to World War II veterans and should be maintained for that purpose; and the National Guard Armory could be used as a location for a ~all of Fame to honor those persons who played football at Victory Stadium and went on to achieve higher positions. ~e referred to the agreement between the City of Roanoke and the N & W Railway Company which states that the City will maintain the stadium first, followed by the National Guard Armory. Mr. John Kepley, 2909 Morrison Street, S. E., advised that Carilion Medical System wants the land on which Victory Stadium is presently located, therefore, City Planning Commission Members Robert B. Manetta, who is a Carilion legal staff member, and ~enry S. Scholz, who is an associate or employee of Edwin C. ~all & Associates, that has ties to various Carilion commercial properties including exclusive leasing agent for the Riverside Park, have vested interests in the property due to their individual associations with Carilion. ~e stated that he resides in the South Roanoke area of the City and like. numerous other persons who have addressed the Council, and certain members of the Roanoke City School Board, City Council and the City Planning Commission, the stadium to Patrick ~enry ~igh School will not affect his property, but he has a concern for those persons who live in the Raleigh Court area who have worked long and hard for their homes, only to have construction of a large stadium to devalue their property. ~e advised that it is not the right, moral or ethical thing to do and asked that Council deny the Second Amended Petition to Amend Proffered Condition. ~e stated that a centrally located and rebuilt stadium, with William Fleming ~igh School on one side and Patrick ~enry ~igh School on the other, and with ample parking would be ideal and would provide a venue for enjoyment by all of Roanoke's citizens. Ms. Virginia Craig, 701 12th Street, S. W., advised that pursuant to Roberts Rules of Order, she would like to yield her time to the next speaker without prejudice to his allotted time; whereupon, the Mayor advised that her request could not be honored under Council protocol, and she would be allotted three minutes to address the Council. 133 Ms. Craig inquired as to why all emphasis has been placed on Patrick ~enry ~igh School when it would appear that William Fleming ~igh School should be addressed first in order to equalize school facilities, and it also appears that William Fleming ~igh School has been mentioned as an afterthought. Mr. Robert L. Craig, 701 12th Street, S. W., advised that some Roanoke City school students have stated that they need a stadium to improve school spirit; however, he would have been much more impressed if those same students had complained about the $1.2-$3 million the School system/School Board wasted during the 2004-2005 school year, with 23 overhires in a failing school system. ~e asked for an explanation from Mr. Godek as to how school spirit is measured and how a school stadium will improve academic performance in the Roanoke City School System. ~e stated that he favors athletic facilities at the schools, but after ten years of talking about Victory Stadium, he objects to the sudden rush to move forward with high school stadia. ~e further stated that the reason could be because three City Council Members may not be sitting on the Council next year which could affect the outcome of the vote; and since the Mayor and Vice-Mayor have publicly stated that they have the best interests of Roanoke at heart, they should have no objection to resigning from their Council seats and campaigning for reelection as a means of validating whether or not this is the right course of action for the City. Mr. Randy ~arrison, 2311 Westover Avenue, S. W., expressed concern with regard to the spending of taxpayers' money on consultant fees, and more speCifically the consultant's fee to study Victory Stadium, which was followed by a Council decision to construct stadia at the two high schools instead of renovating Victory Stadium. ~e advised that Victory Stadium could be refurbished for the same amount of funds that the City will spend to construct two stadiums at two different high schools; and the centralized location of Victory Stadium, which has a better traffic pattern, would be preferable to the Patrick ~enry ~igh School site. ~e added that a 3,000 seat stadium is not sufficient for a high school football game, and if the City of Roanoke is to be a progressive City, it should think larger and bigger. Ms. Freda Tate, 4556 Van Winkle Road, S. W., advised that Victory Stadium would not be a "white elephant" located in a floodplain if present and past City Councils had provided for the proper maintenance of the facility. She asked why the City did not rush to save Victory Stadium in the same way it seems to be rushing into a decision to construct stadiums at the two high schools. She advised that regardless of the remarks of the Superintendent of Schools, a stadium will not improve test scores of Roanoke's students; and Roanoke's leaders should pay as much attention to ensuring quality education and classroom instruction as they do to constructing high school stadia. 134 She added that Roanoke's voters placed their trust in Council to represent and to do what is best for every citizen of the City of Roanoke, but citizens believe that their trust has been betrayed. She requested that the City Planning Commission and Council deny the request inasmuch as there is insufficient room on the site to construct a high school stadium. Mr. Dick Kepley, 550 Kepplewood Road, S. E., advised that any person who works for or receives renumeration from the City should not be a member of a major board such as the City Planning Commission; and even though a member can excuse himself from voting, he cannot excuse himself from his influence over other members of the board. ~e stated that any member of the City Planning Commission should have abstained from making a decision on the issue when that person had previously expressed his or her beliefs prior to the time that a public hearing was held on the issue. ~e added that the necessary studies have not been completed in order to make an informed decision; stadia at Patrick ~enry and William Fleming ~igh Schools will cost more than $8.2 million; if the stadium at Patrick ~enry is projected to cost $4.1 million, how can it be said that the stadium at William Fleming will cost the same when the facility is not scheduled to be constructed until 2010; and a 3,000 seat stadium at Patrick ~enry ~igh School will not be large enough to accommodate a winning football team, inasmuch as officials of the Virginia ~igh School Football League have advised that a playoff game cannot be held at a stadium that will only accommodate only 3,000 persons. ~e added that there will be insufficient parking for football games at Patrick ~enry and Mr. Rife was quoted in August 2004, as follows: "It is questionable if the school's parking would be adequate for a football crowd. The over crowd would likely find its way into the neighboring residential áreas and cause problems." ~e advised that stadiums at Patrick ~enry and William Fleming ~igh Schools will not serve the needs of all citizens of the City of Roanoke and with over 94,000 citizens, Roanoke needs a stadium large enough for all of the people to enjoy. ~e called attention to the work of a 13 member Stadium Study Committee which met nine months and reached the conclusion that there would be too many problems associated with stadiums on the two high school campuses; Members of Roanoke City Council applauded the work of the Study Committee and now the same Council is disregarding the opinion of its own committee and changing direction. ~e advised that for the past four years, Victory Stadium has been under the direction of the Roanoke Civic Center without routine maintenance, which has led to its current state of deterioration. ~e recommended that Council appoint a committee of citizens representing the school system to determine what needs to happen in order to make Victory Stadium acceptable for football during the 2006 school season. Mr. John Graybill, 2443 Tillett Road, S. W., advised that the neighborhood will be intruded upon with construction of a stadium at Patrick ~enry ~igh School. ~e stated that contrary to the remarks of the Superintendent of Schools, student performance will not improve as a result of constructing a high school stadium. ~e called attention to municipal stadiums in the Cities of 135 Salem and Lynchburg, Virginia, and advised that the City of Roanoke should have its own municipal stadium for the enjoyment of all citizens. ~e stated that if Roanoke's students do not already have pride in their schools and school spirit, it will not be developed as a result of constructing high school stadia, because school pride and school spirit must be addressed on a continuing basis. Lisa Link, representing the Roanoke Regional Chamber of Commerce, advised that the issue is one of land use, and a stadium at Patrick ~enry ~igh School would make good use of existing school property, make effective use of existing parking while adding additional parking, enhance the high school campus, and improve neighborhood amenities. She stated that a high school stadium at Patrick ~enry would not increase crime, or significantly increase traffic, or change the character of the neighborhood since a high school is already located in the area; however, at the heart of the issue is the question of whether a stadium is a good fit for the existing school and the neighborhood. She advised that timing of the stadium is ideal with construction currently underway at Patrick ~enry ~igh School and the stadium would be a good fit for the community and the high school. On behalf of the Roanoke Regional Chamber of Commerce, she urged the City Planning Commission and City Council to move forward and to approve the zoning for a stadium at Patrick ~enry ~igh School. Mr. Phillip Wright, 1646 Center ~ill Drive, S. W., advised that a community must be resolved to hold its elected officials accountable fo~ the statements that they make to the voters in order to be elected; and beyond public accountability, the stadium issue is about public trust, integrity and whether or not voters and taxpayers can trust the recorded words of their elected officials, or, as voters have found out over the past several weeks, do the words and positions of elected officials change with each passing day, each meeting, and each hearing. ~e stated that the issue is about apparent conflicts of interest and self dealing individuals who work with and for the City of Roanoke who also sit on boards and commissions and are charged with the responsibility of protecting the interest of the public; and moreover, the issue is about abuse of process, arrogance, dupliCity, blatant dishonesty, and the point of view that voters and taxpayers work for the City. ~e stated that a flawed, manipulated scheme designed to impose two surrogate City sports complexes, one in a quiet neighborhood where a sports complex is not suitable and will fracture a community, and a scheme which creates disunion and ill will is not the answer; and high school stadia will not cure the well documented problems of Roanoke's schools and will not be the most efficient use of taxpayers' dollars. 136 ~e added that the Stadium Study Committee suggested modest size daytime stadia at the two high schools, and construction of a first class facility to serve all of the needs of the community; the Study Committee's report speCifically stated that the best use of taxpayers' money is the renovation of Victory Stadium; therefore, why waste another $2 million of tax money, in addition to what was spent at the Orange Avenue site, to demolish Victory Stadium. ~e asked why there is such a rush to pursue a policy based on fanciful projection and false assumptions. Mr. Stuart Revercomb, 2408 Stanley Avenue, S. E., advised that certain Members of Council are using the School Board as an excuse to tear down Victory Stadium at all costs, regardless of what the City's paid consultants and the City's Traffic Engineer says, and without regard to the wishes of Roanoke's own citizens. ~e stated that the School Board has no problem with being used in the process in order to have new athletic fields, but what the School Board has failed to realize is that it will jeopardize any chance of ultimately having the kind of high school stadiums that the School Board desires and students deserve. ~e added that by moving forward without traffic or parking studies as recommended by the City's engineers, the City now faces a well organized group of over 500 citizens from the neighborhood around Patrick ~enry ~igh School who have hired what is reputed to be the best land use attorney on the east coast in an effort to lock the City up in a law suit that will waste hundreds of thousands of tax dollars; Roanoke's children will not see a new stadium for many years to come, if ever. ~e inquired as to how many law suits the City will defend itself against from the very people that the Council was elected to represent. ~e advised that the stadium issue was one of the best examples of dysfunctional local government that the Commonwealth of Virginia has ever seen, and it has been said that Council will soon vote to tear down Victory Stadium, which would be an attempt to destroy Victory Stadium before the citizens that Council represents have a chance to speak through the local Councilmanic election. ~e stated that if the Council is so limited in its vision and so caught up in accomplishing its own agenda that it would order the destruction of a City resource before voters can speak, he would ask that all Roanokers join in a process by which their voices will be heard by contacting Council en mass and attending the next City Council meeting on Monday, February 20, 2006 at 7:00 p.m. Mr. W. Alvin ~udson, 1956 ~ope Road, S. W., advised that the Members of City Council and the City Planning Commission have already made up their minds about the stadium issue. ~e stated that a high school stadium is not the best use of the property and will not be advantageous to preserving the neighborhood around Patrick ~enry ~igh School. ~e expressed concern with regard to the unprofessional conduct of certain City and School staff during neighborhood meetings that were held at Patrick ~enry ~igh School and staff did not satisfactorily respond to questions that were raised by concerned citizens. 137 Ms. Suzi Wright, 1646 Center ~ill Drive, S. W., expressed concern with regard to increased traffic at already crowded residential intersections, the closing of streets for football games, the alley at Blenheim Road which would be used as a cut through, noise and lights in a residential neighborhood, and a reduction in property values. When reaching a decision, she asked that Council consider those residents who have lived in the surrounding residential neighborhoods for many years and that Council not permit the construction of a stadium on a small tract of land. Mr. John Tisdell, 1724 Wilbur Road, S. W., spoke in support of high school stadia. ~e advised that many persons have expressed concern regarding parking issues and traffic congestion, but it is much more important to think about education and the quality of Roanoke's schools. ~e stated that a school must provide for the needs of the entire school population, including athletics and extra curricular activities; nothing affects quality of life, property values, and future job opportunities more than a locality's school system; therefore, it is important to support Roanoke's schools, regardless of whether school age children reside in a household. ~e expressed appreciation for the efforts of Council in support of the City of Roanoke, and advised that it is regrettable that Council Members have had to endure recent personal attacks by certain citizens. Ms. Virginia Mercer, 220 1 ~unters Road, S. W., advised that she has become increasingly disturbed to learn that existing zoning regulations can be .negated with very minimal regard for residents of the area; and expressed concern that her neighborhood will be adversely affected by the proposed stadium to be constructed on a small tract of land at Patrick ~enry ~igh School. She stated that she moved to her present neighborhood because she. believed that it would be safe, it would be a neighborhood where she could enjoy walking in the evenings, however, with construction of the stadium, many of the neighborhood amenities could be impacted in a negative way. As a life long educator, she stated that she is appalled at the declining graduation rate in the City of Roanoke, however, iUs hoped that the City Planning Commission and others will realize that an on campus stadium is not the solution to the problem; and professional journals are filled with ideas that could be implemented to help Roanoke's school system. She stated that a single, shared, modern stadium would be far more beneficial to Roanoke's students, would benefit the entire community, would serve as a model to show children how cooperative ventures can bring a City together, and would serve as a resource to other cities that are experiencing similar problems throughout the country. As a taxpayer, she asked that her tax dollars be used in a manner that will benefit all of the citizens of Roanoke and that the City Planning Commission and City Council deny the request for amendment of the proffer. 138 Mr. Eric Mercer, 2201 ~unters Road, S. W., advised that before rushing into construction of high school stadia and forcing an unmandated project on the community, the Victory Stadium issue should be resolved and the necessary resources should be identified to address the educational needs of Roanoke's schools. ~e stated that the questions are: Does Roanoke need a stadium? Does Roanoke want a stadium? Can Roanoke afford a stadium? Can Roanoke afford not to have a stadium? Should Victory Stadium be rehabilitated, demolished or replaced? ~e advised that some persons have tried to make the argument that by questioning the wisdom of the City's current stadium plan, opponents are not sympathetic to the needs of Roanoke's students, when, in fact, the opposite is true. ~e stated that most people believe that athletics are an integral part of a high school, but athletics should be integrated into the complete educational experience and it makes no sense to build a trophy stadium at Patrick ~enry ~igh School when the schools in Roanoke are failing students; after depriving the citizens of Roanoke of a municipal stadium that will have the ability to generate both revenue and civic spirit, William Fleming ~igh School will be forced to play football at the Patrick ~enry stadium for several years, and that situation, combined with the possibility that the William Fleming stadium may never be built, will have an adverse affect on morale and will be divisive to the City as a whole. ~e stated that the City of Roanoke is in a crisis mode, as reflected in part by an abysmal high school graduation rate; meanwhile, solutions addressing the City's academic crisis have not been forthcoming from the City Council, which is ultimately responsible for the performance of the School Board. Before planning for new high school stadia, he asked that the City resolve the Victory Stadium issue and, more importantly, address the City's educational crisis. Mr. Mark McConnel, 532 Linden Street, S. W., advised that for the past four and a half years, he has observed City Council to see how much of an impact citizens actually make, and he was saddened to say that citizens do not make a great impact. ~e added that it is hoped that a normal functioning governmental process involving evaluation, citizen input, decision making, and implementation can be accomplished in Roanoke, instead of a form of government that is dictated by: decide, implement and evaluate. For example, he inquired as to why Council would spend hundreds of thousands of tax dollars to study an issue, only to discard the results and embark on a course of action that needs to be studied. ~e stated that it would seem that the City Planning Commission would listen to evidence and to the advice of experts who have recommended completion of a traffic study. ~e added that the two stadium decision is inexplicably tied to the Victory Stadium issue; and it was tied in that way on November 7, 2005, when a motion was adopted by Council to discuss Victory Stadium and to move forward on the two stadium issue. ~e advised that he is an environmentalist and the City of Roanoke encourages environmentalism; the City's Vision 2020 Comprehensive Plan is tied to the environment, and the City sponsors sustainable housing design competitions and encourages recycling; however, on the other hand, the City is willing to take millions of dollars worth of concrete and steel to be discarded in a landfill 139 which is hypocritical, unconscionable, anti-environmental, and sends a message that Roanoke does not care about the environment. ~e referred to the Dave Matthews concert that was held several years ago at Victory Stadium which yielded over $100,000.00 to the City; and if Victory Stadium could generate those kinds of dollars on several occasions, the debt service could be funded on a completely renovated stadium. ~e advised that, in general, most of the citizens of Roanoke would not object to a solution that came about as a result of a carefully thought out and appropriate process. Mr. Tom Skelly, 2402 Avenel Avenue, S. W., referred to the graphic renderings included in Mr. Rife's presentation in which a lighted stadium looks like a bird's eye view or a view from an airplane; however, he pointed out that the view that residents of the area will be subjected to will not be the aerial view; and a person standing at the corner of Brandon Avenue and Blenheim Road will see lights that are about 250 feet above a horizontal line of sight and not 1 SO feet above the floor of the stadium as reported by Mr. Rife. Mr. Bart Wilner, 2709 Crystal Spring Avenue, S. W., advised that no more studies, public hearings, speeches or law suits are needed, but what is needed is leadership and action. ~e asked that Council vote to construct the two high school stadia and move on with the business of the City. Ms. Carol Via, 2139 Sherwood Avenue, S. W., advised that the Victory Stadium issue has been on going for the past eight years; and following the report of the Stadium Study Committee, it appeared that Victory Stadium would be renovated until recently when it became apparent that a high school stadium might be constructed in her backyard. She stated that she does not have children in the public school system and she is not interested in football stadiums or in football, but she is interested in a good quality of life and in good schools that will attract people to the neighborhood. She called attention to concerns with regard to traffic congestion, noise, and a decrease in property values if the stadium is constructed on the Patrick ~enry ~igh School campus; no formal traffic studies have been completed, the site is too small for a stadium, and the entire character of a historic district will be changed. She added that a stadium does not equate to good grades or to school pride; she would prefer that her tax dollars be spent on a stadium that all of the citizens of Roanoke can enjoy; therefore, she endorsed a comprehensive, shared, and modern stadium. She requested that Council and the City Planning Commission vote against the petition. Ms. Patrice Rantz, 2029 Laburnum Avenue, S. W., called attention to existing problems associated with daily parking in her neighborhood by students attending Patrick ~enry ~igh School. She stated that the problem will be compounded by those persons who visit the school stadium for athletic events. 140 Mr. Robert Turcotte, 6744 Christopher Drive, S. W., advised that the practical decision is to build stadia at the two high schools. ~e stated that having spent over a decade in planning activities at Patrick ~enry ~igh School, two issues continued to surface, i.e.: a practical decision to build a practical school and the subject of athletics and arts that tend to be left out after academics have been addressed in the operating budget. ~e introduced the word "talkability" which cannot be found in the dictionary, however, his definition of "talkability" is the éase with which a subject can be talked about and the likelihood that a subject will be talked about; "talkability" is more powerful than noteworthy and more attention grabbing than interesting, therefore, the stadium issue has the highest "talkability" of any subject in recent memory in Roanoke and the topic has grown to epic proportions; and talkable subjects are also emotional subjects, therefore, experts in the fields of medicine, law, finance, etc., urge that decisions not be made by individuals who are acting in an emotional frame of mind. ~e asked that the City Planning Commission and Council reach a practical decision, one that makes athletics as important as academics and clears the way to build stadia at Roanoke's two high schools. Mr. John Phelps, 1915 Canterbury Road, S. W., spoke in support of on site high school stadia. ~e advised that the City's high school sports teams do not have a home field on which to play soccer, lacrosse and football; and football, which is the major revenue sport for any school program, does not have a home field for the fall 2006 season. ~e requested that the issue not become a political decision, but a decision in favor of Roanoke's children. There being no further speakers, and following a brief recess, the Mayor turned the meeting over to the City Planning Commission. ~enry Scholz, Vice-Chair, City Planning Commission, called for comments and/or questions by City Planning Commission members. Commissioner Williams called attention to concerns expressed by several citizens of the area that there could be a tendency for some students who have been suspended from school to attend an activity at the high school sports stadium, act out in a disruptive manner, and problems could have the potential to spill over into the adjoining neighborhoods. ~e inquired as to how the School administration would propose to address those kinds of issues. Mr. Godek advised that a student who has been suspended for whatever reason from a City school is also suspended from and not allowed to attend after school activities, and administrators of the affected school would have the responsibility to ensure that the student was not allowed access to the activity. 141 Commissioner Williams also called attention to certain comments made by persons who reside in the area that there could be a decline in property values as a result of the proposed high school stadium. ~e advised that he talked with a number of real estate brokers and staff of the City's Department of Real Estate Valuation who indicated that there are very little grounds for concern on the question of real estate value; however, he takes the concerns of property owners regarding the affect of the proposed stadium on property values very seriously. ~e added that the persons he spoke with cautioned that whether or not there is an adverse affect on property values will depend not on the stadium per se as a venue, but on how the stadium is maintained and how events at the stadium are managed. ~e stated that this is a prime opportunity for the City to demonstrate that Roanoke is a city of neighborhoods; and if the stadium at Patrick ~enry ~igh School is mismanaged, any remaining trust that exists between the City and its neighborhoods will be forfeited. Therefore, he suggested consideration of the following proffers: Preparation of a final, detailed design of the façade, concession buildings, press stand and restrooms. As a part of securing more broad base support from the community, final design should be completed through a broad, community oriented, visually based design charette, similar to the process that was used for the City Market plan. Preparation of a traffic management plan to address what would happen when there are more vehicles than parking spaces will accommodate; and the types of mitigation measures that could be undertaken with respect to traffic signal timing, or traffic direction by police officers. Mr. Rife advised that a traffic management plan could be provided, but expressed concern that as a result of community meetings, specific controls were proffered at Blenheim Road and Lofton Road in response to neighborhood concerns; and what should be done if a traffic management plan revealed a better flow of traffic if Lofton Road is left open. ~e stated that potentially, a subsequent traffic management study might force the City to violate a proffer, and a traffic management plan has been proffered that is effective, clear, direct, and can be policed. Commissioner Williams clarified his intent with regard to a traffic management plan and advised that any plan should not undo any of the existing proffers, however, the risk of not having a traffic management plan is the unknowns as to where visitors would park if on-site parking spaces are full. ~e stated that it is not unreasonable to have a specific idea of what to do in 142 terms of directing traffic to an identified off-site location, or locations, and how visitors would be informed that they should go elsewhere to park if the parking lot is full. ~e added that there may be other issues to be considered and a traffic management plan would leave in place any specifics that have been proffered with respect to traffic not going through any roads that are proposed to be closed. Mr. Godek advised that the school division intends to develop a traffic management plan for Patrick ~enry ~igh School, if given approval to construct the stadium; and he was confident that school personnel, working with the Chief of Police and the City's Traffic Engineer, could prepare a comprehensive traffic management plan. Mr. Godek expressed concern that depending upon the cost associated with a comprehensive traffic management plan, he may not have the authority this evening to make a commitment which would require approval by the School Board. ~e stated that his second concern deals with the design plan since development of an athletic facility must be carefully coordinated with construction of Phase II improvements at Patrick ~enry ~igh School which are currently ongoing. Since the City of Roanoke is the petitioner, Commissioner Manetta inquired if the City would be willing to have a traffic management study prepared by a professional firm. The City Manager advised that the traffic management plan that was initiated at the Roanoke Civic Center was prepared, in large part, by City staff with some outside consultation; proffers presently before the City Planning Commission were jointly agreed to by the City of Roanoke and the School Board; she could not unilaterally respond on behalf of the School Board, but the resources of the City of Roanoke in terms of the City's traffic management skills could be made available, and resources of the Police Department would also be an integral part of the traffic management plan. During a discussion of the additional proffers suggested by Commissioner Williams, Mr. Townsend advised that proffers should be measurable and definable; and definable points in a construction project occur either when a building permit is issued, or when a Certificate of .Occupancy is approved. There was discussion between Mr. Williams and Mr. Townsend with regard to a Certificate of Occupancy in which it was noted that the stadium would require a separate Certificate of Occupancy, and completion and approval could be tied to the Certificate of Occupancy. 143 Mr. Townsend pointed out that the traffic management plan previously alluded to by Commissioner Williams with regard to the Civic Center was based on known events in a situation where multiple events had already been planned; as it relates to high school stadia, tickets are not sold in advance, and a number of factors are different in terms of managing traffic in an anticipatory way at a high school stadium compared to a civic center. ~e stated that if the Planning Commission wishes to make proffers, or to ask the Council to include a proffer in the petition, he would request that the proffer be as specific as possible to assist with enforcement issues. Commissioner Williams resubmitted the proffer as follows: A Certificate of Occupancy for the stadium will be contingent upon completion and approval by the City's Traffic Engineer of a traffic management plan to address event traffic and parking. Mr. Godek advised that Roanoke City Schools would be agreeable to the above referenced proffer. Mr. Townsend advised that the abovereferenced proffer would not be inconsistent with Proffers 10, 11 and 12 in the Petition. The Vice-Chair requested that Commissioner Williams summarize the two additional proffers; whereupon, he submitted the following: A Certificate of Occupancy for the stadium will not be issued until completion and approval by the City's Traffic Engineer of a traffic management plan to address event traffic and parking, such traffic management plan will be prepared subject to all existing proffers. Mr. Godek and the City Manager concurred in the abovereferenced proffer. Commissioner Williams offered the following additional proffer: Final design of the stadium, including, but not limited to the façade, concessions, press box, and restrooms, will be completed through a broad, community oriented, visually based, design charette. Mr. Townsend clarified that the above referenced proffer does not ensure a decision on final design, but ensures a process. Commissioner Williams stated that his purpose in submitting the abovereferenced proffer is to ensure that there is an open, public, and visually oriented process that allows interested persons to view the final product. Mr. Rife advised that Roanoke City Schools has conducted approximately 15 public input meetings on the design for Patrick ~enry ~igh School to date, therefore, the schools would have no objection to holding two or three more public meetings devoted specifically to the stadium. ~e stated that he was 144 uncomfortable with the word "charette", because the definition could be different in its interpretation, therefore, he would prefer the term "public input meeting", or something along those lines. Commissioner Williams agreed to refer to the meetings as "public input meetings" and clarified that his intent is that the design will be visually based to allow interested persons an opportunity to review proposed options in a broadly participatory process. Mr. Rife stated that two - three public input meetings will be held during which visual options on exterior stadium design will be presented. Mr. Godek advised that Roanoke City Public Schools will conduct a minimum of two and potentially three - four public meetings to present the first cut of the stadium design, especially the façade, and how the stadium will fit into existing school design at Patrick ~enry ~igh School and the local community. ~e stated that public comment will be invited at the first meeting prior to presenting proposed designs. Mr. Townsend reiterated that any design would be subject to and consistent with other proffers in the petition. The City Manager advised that the proffer would be acceptable to the City of Roanoke. At the request of the Vice-Chair, Mr. Townsend restated the following proffer: The Roanoke City School Administration will conduct a minimum of three public meetings with regard to design of the façade of the stadium, such meetings will be held prior to issuance of a building permit for the stadium, subject to all other proffers contained in the petition. The Vice-Chair requested further clarification on lighting issues; whereupon, Mr. Rife advised that the lighting system will be designed to provide an average contained level of SO foot candles on the ground, located uniformly across the playing surface of the stadium; and SO foot candles is a standard design goal for high school stadiums as established by the Illuminating Engineering Society. ~e explained that any football stadium, or athletic stadium that is set up for television cameras, will provide about 1 SO foot candles; therefore, the slide that was presented earlier in the meeting was somewhat overly lit compared to what will actually occur; two supporting poles will be placed in the center behind each of the concession areas, the top of which will be 60 feet above the playing surface, one pole nets out at 43 feet high between where it comes out of the ground and the top of the pole; the pole behind the home stands is about 55 feet high between where it hits the ground and the top of the pole, or 60 feet above the playing surface; four other light poles will be located 55 feet from the top of the light pole to the playing surface at approximately 40 feet from grade level to the top of the pole; lights 145 will have shields on top to minimize or basically eliminate any upward light for a night sky's effect, lights will also be shielded to reduce glare; engineering studies have been prepared on the lighting that show average foot candle levels across the site and the rear property line of the houses that front on Brandon Avenue; the lighting level from stadium lighting will not exceed one-half a foot candle; and bright moonlight produces much more light than a one foot candle. ~e stated that these are all proffered conditions which can be substantiated with engineering data and will be submitted to the Board of Zoning Appeals for review and approval upon favorable action by the Council; and approval of the proposed zoning map amendment does not automatically give permission to install the lights, but simply authorizes the stadium. Question was raised with regard to the availability of data on the percentage of suburban Virginia high schools that have lighted football stadiums on site; whereupon, Mr. Godek advised that approximately 80 to 85 percent of high schools have lighted stadiums on campus. Commissioner Manetta inquired if the use of eminent domain would figure into either the rezoning and/or construction of the stadium. The City Attorney advised that all of the property shown in the rezoning petition is owned by the City of Roanoke and he was not aware of any plans that would require the acquisition of any other property by eminent domain or otherwise. Commissioner Manetta inquired as to why Patrick ~enry ~igh School was . selected as the first of the two high schools to get an on site stadium. Mr. Rife responded that Patrick ~enry ~igh School is being constructed in phases because there is not enough vacant land to accommodate the entire school; however, there is adequate acreage at William Fleming ~igh School to build the entire school in one phase, move into the building and demolish the old school. In summary, he stated that the stadium at William Fleming ~igh School cannot be constructed immediately because a school building currently exists onsite that needs to continue to operate until a replacement school can be constructed. Commissioner Manetta advised that a number of persons have stated that the process was "hurried"; however, it should be noted that the issue of the stadium and what to do about a stadium for the City of Roanoke has been ongoing for more. than ten years. ~e stated that when he attended Cave Spring ~igh School, most of the territory around the school was pasture land; a stadium was constructed which has a seating capacity for 4,000 persons; the number of housing subdivisions in the Cave Spring area has increased and more expensive houses are constructed every year, therefore, it would not appear that the Cave Spring ~igh School stadium has caused a devaluation of property. 146 Commissioner Prince advised that she previously purchased a house that was located next door to a stadium that served both a high school and a middle school; the high school had an enrollment of about 5,000 students and there was significant noise on football nights which was not offensive, traffic lasted for about 60 minutes, and she would not hesitate to purchase another house next door to a high school athletic field. She spoke in support of constructing stadia at the two high schools; and while she would not make the argument that a stadium will raise student grade point average, a football stadium would provide a good reason to keep kids in school. She advised that high school stadia are a separate issue from Victory Stadium and the two issues should not be confused. Commissioner Williams advised that every neighborhood must be vigilant to ensure that proffered conditions to zoning property are enforced according to the spirit of the law. ~e stated that he suggested at the last meeting of the City Planning Commission that the best way to ensure that a stadium on the Patrick ~enry ~igh School campus is an asset to the neighborhood is for all concerned citizens to become active participants in the Greater Raleigh Court Civic League and regularly attend meetings because the Civic League is the voice of the neighborhood. ~e added that he was not implying that citizens are responsible for enforcing proffers; however, people who care about their neighborhoods, regardless of where they live, are the only people who can do the work of the neighborhood organization to ensure that neighborhoods become a better place to live. Commissioner Prince concurred in the remarks of Mr. Williams and advised that she is a resident of Old Southwest; 25 years ago, Old Southwest was falling into a state of deterioration, and through the activism of Old Southwest, Inc., and Old Southwest neighbors, property values have tripled in the last ten years. There being no further discussion by the City Planning Commission, Commissioner Manetta offered a motion to place the matter on the table for consideration of the following additional proffers. The motion was seconded by Commissioner Prince. . A Certificate of Occupancy for the stadium will not be issued until completion and approval by the City's Traffic Engineer of a traffic management plan to address event traffic and parking, such traffic management plan will be prepared subject to all existing proffers. . The Roanoke School Administration will conduct a minimum of three public meetings with regard to design of the façade of the stadium, such meetings will be held prior to issuance of a building permit for the stadium, subject to all other proffers contained in the petition. 147 The motion was adopted by the following vote: AYES: Commissioners Butler, Chrisman, Manetta, Prince, Williams, and Vi ce -C h ai r Sc h 0 I z n____nn______n____n___n_n_n___n___n_______n_____nnn_n____________n---------6. NAYS: Non e ______nn_______nn___________n________nn___n_nn______n____nn_____nn-n--nO . The Second Amended Petition to Amend Proffered Condition, as amended with the above referenced proffers, was adopted by the following vote: AYES: Commissioners Butler, Chrisman, Manetta, Prince, Williams, and Vi ce -C h ai r Sc h 0 I z ____n____ _____nm______nn_____________n_________________________m_____nn___mn6. NAYS: Non e _______________n"____________n_n______n_n_____nn__nn__n____n__n___n_n-nnO. The Vice-Chair advised that the motion passed and was submitted to the Council in the form of a recommendation. There being no further business, the Vice-Chair declared the meeting of the City Planning Commission adjourned. The Mayor declared a brief recess. Following the recess, the Council meeting reconvened in the City Council Chamber, with Mayor ~arris presiding and all members of the Council in attendance. Vice-Mayor Fitzpatrick offered the following ordinance: (#37303-020606) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the condition presently binding upon the development of Patrick ~enry ~igh School previously conditionally zoned INPUD, Institutional Planned Unit Development District, by deleting the proffered condition presently binding on the subject property and applying new proffered conditions to the subject property; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 70, page 148.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37303- 020606. The motion was seconded by Council Member Cutler. The City Attorney advised that the ordinance presently before the Council includes references to a "Second Amended Petition"; and in order to include the two additional proffers approved by the City Planning Commission, a Third Amended Petition would be required to be filed by the City. ~e stated that 148 whenever the language "Second Amended Petition" appears in the ordinance, it should be amended to refer to a "Third Amended Petition"; and the ordinance should be further amended to include another "W~EREAS" paragraph to explain the Second and Third Amended Petitions. Vice-Mayor Fitzpatrick moved that Ordinance No. 37303-020606 be amended to include the following additional proffers as recommended by the City Planning Commission and an additional "W~EREAS" paragraph to explain the Second and Third Amended Petitions. . A Certificate of Occupancy for the stadium will not be issued until completion and approval by the City's Traffic Engineer of a traffic management plan to address event traffic and parking, such traffic management plan will be prepared subject to all existing proffers. . The Roanoke City School Administration will conduct a minimum of three public meetings with regard to design of the façade of the stadium, such meetings will be held prior to issuance of a building permit for the stadium, subject to all proffers contained in the petition. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and Mayor ~ arri s __________oo___________nn_____oo______n_n____n_ _n_____n_n___n_nn_nn_nn__ __nnn_______n___ 5 . NAYS: Council Members Lea and Wishneff ___________________n___oonn______n____2. The Mayor called for questions and/or comments by Council Members with regard to Ordinance No. 37303-020606, as amende.d. Council Member Wishneff advised that statements have been made that at least two Members of the City Planning Commission have conflicts of interest, and inquired if the City Attorney was asked to review the matter. The City Attorney advised that in December 2005, it was determined that one member of the City Planning Commission, Chair Richard A. Rife, had a conflict of interest which is the reason he abstained from participating in the public hearing. ~e stated that it was further determined, under the Virginia Public Conflict of Interest Act, that no other member of the City Planning Commission had a conflict of interest. 149 Council Member Wishneff called attention to a communication from Vice- Chair ~enry Scholz's employer stating that he would have difficulty renting and leasing the property in the area of the Riverside Biomedical Park if development occurs along Reserve Avenue, therefore, the sites for high school stadia should be pursued in lieu of Reserve Avenue. Mr. Wishneff inquired if the above statement could be construed as a "financial interest". The City Attorney reaffirmed that it was determined that there was no conflict of interest under the Virginia Public Conflict of Interest Act. Although the City of Roanoke owns the property, Council Member Wishneff inqUired if only the Roanoke City School Board can determine how the property will be used. The City Attorney advised that School Trustees are responsible for the operation and management of Roanoke's school system; under a conditional rezoning, certain proffers are made, and pursuant to State law, only the property owner can proffer conditions, therefore, the City of Roanoke submitted the proffers. Council Member Wishneff inquired if the Roanoke City School Board voted in a properly called meeting to request construction of a stadium on the Patrick ~enry ~igh School site. The City Attorney responded that the School Board reviewed and concurred in the proffers that were originally submitted. Council Member Wishneff questioned the legality of the notice with regard to the December 19, 2005 School Board meeting; whereupon, the City Attorney advised that the School Board held a properly called meeting on December 19. Council Member Wishneff stated that whenever there is a change in meeting location, the Virginia Freedom of Information Act requires three working days notice. ~e advised that the location for the December 19 School Board meeting was changed from a local restaurant to the School Administration Building without three days working notice. The City Attorney responded that the meeting was called as a special meeting and the Virginia Freedom of Information Act requires that a governing body give reasonable notice under the circumstances; whereupon, Council Member Wishneff questioned if Friday, Saturday, Sunday, and Monday would constitute three working days notice. 150 Council Member Wishneff advised that he was concerned that the Council could be placing itself in a losing position; and it is imperative for the School Board, as Trustee of the property, to make a decision and in a legally called meeting. Therefore, he offered a substitute motion that Council defer action on the ordinance and refer the matter back to the Roanoke City School Board for a vote in a legally called meeting with regard to constructing a stadium on the Patrick ~enry ~igh School campus, to be followed by reconsideration of the matter by the City Planning Commission and City Council. The motion was seconded by Council Member Lea and lost by the follOWing vote: AYES: Council Members Lea and Wishneff ___n_mmm_________nm_______________2. NAYS: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, and Mayo r ~ arri s ____n____n_nn__n_____________nn_n_noo_nnnn________n_nnnn_n______nn_______nn 5 . Council Member Wishneff inquired about proffers with regard to the days that football games would be played; whereupon, Mr. Townsend referred to Proffer No.6 which provides that all football games between Patrick ~enry ~igh School and William Fleming ~igh School and any other City of Roanoke high school will be played during daylight hours only, and Proffer No.4 provides that no less than 40 per cent and no more than 60 per cent of all home varsity football games in a single season will be played during the daytime hours on Saturday, as the exact number of home football games varies from year to year. Council Member Wishneff inquired if attendance and school pride would be greater at football games played on a Friday night off site, or on a Saturday morning on site. Mr. Godek responded that his personal opinion would be that attendance may be lower on a Saturday morning than on a Friday night; and he could not offer an opinion with regard to school spirit. Council Member Wishneff advised that a vast majority of those persons who spoke in support of constructing high school stadia referred to increased school spirit, better school attendance, and more opportunities for fund raising through the Boosters Clubs. Mr. Godek replied that he did not recall stating at any of the community engagement meetings that school spirit would dramatically increase if a sports facility was constructed at the high school; however, the term in which it was mentioned was in looking at the top 100 school systems, whether they be urban or suburban, certain common characteristics exist, one of which is having all of the facilities that students need in order to have a well rounded educational experience located on the school campus, and the provision of an athletic facility is one of the characteristics of a great school system. 1 51 Council Member Wishneff referred to page 5 of the City Planning Commission staff report which states that the petition is consistent with the following goals and strategies of the Greater Raleigh Court Neighborhood Plan: (1) minimize impact of increasing traffic, and (2) decreased traffic improves safety in the residential areas, etc. ~e inquired if the statement implies that introduction of the football stadium will minimize existing traffic and increase residential safety. Mr. Townsend responded that the proposed petition, with proffers, address where traffic can enter and exit the site, and the additional proffers proposed by the City Planning Commission this evening are consistent with statements that are included in the 1999 Raleigh Court Neighborhood Plan. Council Member Wishneff asked Mr. Townsend to explain Governor Kaine's proposal to the General Assembly with regard to rezoning; whereupon, Mr. Townsend advised that the Governor's transportation initiative advocates the fact that all rezonings in the Commonwealth of Virginia would be required to have a traffic impact study as part of the rezoning process, however, the Governor's initiative is yet to be heard by the General Assembly. ~e stated that numerous ideas are forwarded to the General Assembly each year with regard to land use regulations that are not approved; in terms of communities, the Proposal is a good idea, however, in terms of those communities that already have infrastructure in place, the Commonwealth of Virginia does not allow cities to accept cash proffers for new development; State law authorizes counties to require numerous things in terms of controlling development that are not available to cities; therefore, Governor Kaine's initiative, once it proceeds through the legislative process, may become a State requirement that may apply only to certain localities that have growth concerns, as opposed to core cities where infrastructure is in place. Council Member Wishneff inquired if a detailed landscaping plan will be submitted; whereupon, Mr. Townsend advised that a detailed landscaping plan will be submitted with the site plan, no noise study was conducted, and a lighting study is subject to a special exception by the Board of Zoning Appeals. Council Member Wishneff advised that the City of Roanoke required the submittal of speCific landscaping plans for the Ivy Market rezoning, and inquired if the City holds the private sector to a different standard than the City applies to itself. Mr. Townsend responded that the Ivy Market rezoning was submitted under the old 1987 Zoning Ordinance and no landscaping provisions per se were required; the new zoning ordinance adopted by Council on Monday, December 5, 2005, includes a comprehensive landscaping requirement for the site, thus, the City's standards have been raised with adoption of the new zoning ordinance which will apply to the stadium development, as opposed to properties that were considered under the old 1987 zoning ordinance. 1 52 Council Member Lea inquired if proffers were discussed with school coaches and athletic directors; whereupon, Mr. Godek advised that proffers were discussed with the Athletic Director at Patrick ~enry ~igh School who spoke on behalf of the coaches, and with the Director of ~ealth and Physical Education for Roanoke City Public Schools. Council Member Lea inquired about the rationale that led to the decision that Patrick ~enry/William Fleming ~igh School games will be played during the day; whereupon, Mr. Godek advised that the decision was made based on strong concerns expressed by numerous persons from the community around Patrick ~enry ~igh School at community engagement meetings; and also taking into consideration a recommendation of the Virginia ~igh School League that schools begin to schedule more day games. Council Member Lea expressed concern with regard to the inference associated with scheduling only day football games between Patrick ~enry and William Fleming ~igh Schools. Upon question by Council Member Dowe regarding the removal of earth to form an embankment similar to a berm around the stadium, Mr. Rife advised that some students may prefer to sit on the embankment while watching football games. Mr. Rife advised that one of the amenities to be admired about the Salem Avalanche Baseball Field is that the stadium is child friendly, which allows children to sit up high in the stands, or run around the field, while offering the opportunity for parental supervision, and he could foresee the Patrick ~enry ~igh School stadium operating in a similar fashion and being equally child/family friendly. Vice-Mayor Fitzpatrick called for the question. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel,' and Mayo r ~ arri s nn__nn______________nnJ_:n_____nn___ _n____n_n__n__nnn__nn____nnnn__nn_nn 5 . NAYS: Council Members Lea and Wishneff----------n------m-------n:n-----=-----2. Ordinance No. 37303-020606, as amended, was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel, and Mayo r ~ arri s ____n__oo___oo_n___nn___noon__________nn__oo_____n__________nnn_noo___n__nn_____oo 5 . NAYS: Council Members Lea and Wishneff---------n---m----------nm--m-------2. 153 When responding to the roll call, Council Member Lea stated that a renovated Victory Stadium is the best choice for the City of Roanoke, and Council Member Wishneff stated that the majority of Council does not want to hear what the citizens of Roanoke have to say. COUNCIL: With respect to the Closed Session 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 by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: . Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayo r ~ arri s _nn___oo___nn__nn____n____n_n_____n_____nn__oo___oon_n_nnn_oo___-------00----00--6 . NAYS: Non e___n_nnn____________oo_n__n_noo_n_nn_oo___nnnoon_nnn_____oonnu-00----0. (Council Member Wishneff abstained from voting.) At 10:58 p.m., the Mayor declared the meeting in recess until Tuesday, February 14, 2006 at 12:00 p.m., at the Roanoke County Administration Building, 5204 Bernard Avenue, S. W., 4th Floor Training Room, for a meeting of the Roanoke City Council, the Roanoke County Board of Supervisors and the Roanoke Valley Resource Authority. (The February 14, 2006 meeting of Council, the Roanoke County Board of Supervisors and the Board of Directors of the Roanoke Valley Resource Authority was later cancelled.) APPROVED ATTEST: n ~~ I r~I." ~~UJ¿~~~ C. Nelson ~arris Mayor Mary F. Parker City Clerk 154 ROANOKE CITY COUNCIL February 21 , 2006 I 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 21, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson ~arris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler and Mayor C. Nelson ~arris ----------------------------------------------------------_------------------------------------------------Ei. ABSENT: Alfred T. Dowe, Jr.__nm___m__mnnnmmn_mmmm______m______m__1. The Mayor declared the existence of a quorum. I OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Ann ~. Shawver, Deputy Director of Finance; and Stephanie M. Moon, Deputy 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 ~arris. PRESENTATIONS AND ACKNOWLEDGEMENTS: DECEASED PERSONS: Council Member Cutler offered the following resolution memorializing the late Evelyn Bruce Snead, mother of George C. Snead, Jr., former Assistant City Manager for Operations: (#37304-02210Ei) A RESOLUTION memorializing the late Evelyn Bruce Snead, mother of former Assistant City Manager Chip Snead. (For full text of resolution, see Resolution Book 70, Page 151.) . Council Member Cutler moved the adoption of Resolution No. 37304- I 022106. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: I I I 155 AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ ani s __n_nn_n_nn_nnn____nn_n_nn_n_nn_nn___n____nn_nn_n_nn_nnn_n_n------------6. N)\'(S: NClIlE!-------------c----------------------------------~--"----C--------------------------------------O. (Council ME!mber Dowe was absent.) The Mayor called for a momE!nt of silenCE! in memory <If Mrs. Snead and presented a ceremonial copy of the aboverE!ferenCE!d resolution to her son, George C. Snead, Jr. Mr. Snead exprðsE!d apprE!ciation to City Council and to thE! City Administration for all of the acts of kindness that were shown to his mother during his tenure with the City of Roanoke; and advised that on behalf of himself and his brother, he was honored to accept the resolution. CONSENT AGENDA The Mayor advised that all matters listed under the CClnsent Agenda were considered to be routine by the Members of Council and would be enactE!d by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. ~e called specific attention to a request for one Closed Session to discuss disposition of publicly-owned property, where discussion in openmeeting would adversely affect the bargaining position or negotiating strategy of the public body. MINUTES: Minutes of the regular meetings of CCluncil held 011 Tuesday, January 3, 2006; tuesday, January 17, 2006; and the special meeting hE!ld on Tuesday, January17,2006, were before the body. Vice-Mayor Fitzpatrick movE!d that the reading ofthe minutE!s be dispensed with and that the minutð bE! approvE!d as rE!corded. ThE! motion was sE!condE!d by Council Member Cutler and adoptE!d by the following vote: A'(ES: Council ME!mbers Fitzpatrick, Lea, McDanièl, Wishneff, Cutler and Mél)lClr ~élrris--------------------------------------------------------------__________,--"--------c-------------------l). NA'(S: NCllle---------------------------------------------------------------------------c---:---------------O. (Council Member Dowe was absent.) COMMITTEES-ROANOKE NEIG~BOR~OOD PARTNERS~IP: A communication from Célrol Jensen tendering her resignation as a member of the Roanoke NE!ighborhood Advocates, was before Council. "' 156 Vice-Mayor Fitzpatrick moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Council I Member Cutler and adopted by the following vote: AYES: Co 1cJ ncil Members Fitzpatrick, Lea, McDaniel, Wish neff, Cutler and Mayo r ~ arri s nn_nn_n_nn_nn.n_nnnn_nn_____n_nnnnn_nnn"nnn___n_nn"nnnnn--m---n---6. Nt\'(S): NClne---"----------------------------------------------------------"--------------------------------Cl. (Cøuncil Member Dowe was absent.) . OAT~S OF OFFICE-COMMITTEES-BLUE RIDGE BE~AVIORAL ~EALT~CARE: A report of qualification of Robert Williams, Jr., as a member of the Blue Ridge Behavioral Healthcare Board of DirectClrs, for a term ending December 31, 2ClCl8, was before Council. . . 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: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ a rri s n'____n_____oo_oooooo_m_oooo_-c-moo-oon-oooooonn-noon-oon---_--------_____noooo____________6. NA'(S: NCllle------"--------------------------------------------------"-------------------------------------Cl. I (Council Member Dowe was absent.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy ofthe public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ arri s __n_oooo__'oo_noo___nn________nn_____oon_nnnnn____~oon_oooo___:----n-._~n__n_____________6. NAYS: Non e ____n_m_oonn_oooon____n_________oooooo_nnnC____oo_C_oon_noo'n'_____---------------0. (Council Member Dowe was absent.) REGULAR AGENDA I PUBLIC ~EARINGs): NONE. I I I '., ~ . "1"" 157 PETITIONS AND COMMUNICATIONS: BUDGET-CLERK OF COURT-CIRCUIT COURT: A communication from the Clerk of Circuit Court advising that the Clerk is responsible, by statute, for the recordation of legal instruments which include Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and Criminal Orders, was before Council. It was further advised that records must be maintained and made available to the public; the Compensation Board, through the Technology Trust Fund, has made funds available to be allocated toward contractual obligations for offices that have indicated that funds are needed; the City of Roanoke Circuit Court Clerk's Office has been allocated funds, in the amount of $29,964.00, for equipment upgrades and maintenance fees; and acceptance ofthe funds is vital to meeting year-end budget obligations by the Clerk's Office. The Clerk of the Circuit Court recommended that Council accept funding from the Compensation Board Technology Trust Fund, in the amount of $29,964.00, appropriate $29,964.00 and establish a revenue estimate in the same amount in accounts in the Grant Fund to be established by the Director of Finance. A communication from the City Manager concurring in the abovereferenced recommendation, was also before Council. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37305-022106) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Technology Trust Fund for the improvement of operations in the Office of Circuit Court Clerk, 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 70, Page 152.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37305-022106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mél\lor ~élrris-------------------------"------------------------------------------------------------------------------6. Nt\'(S: None-----------------------------------------------------------------------------------------------0. (Council Member Dowe was absent.) REPORTS OF OFFICERS: 158 CITY MANAGER: BRIEFINGS: NONE. I ITEMS RECOMMENDED FOR ACTION: BUDGET-~UMAN DEVELOPMENT: The City Manager submitted a communication advising that the City of Roanoke is a 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 WIA programs; and the Western Virginia Workforce Development Board administers the Federally funded Workforce Investment Act for Area 3, which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of Covington, Roanoke, and Salem. It was further advised that the Western Virginia Workforce Development Board has received a Memorandum of Understanding (MOU) from the Virginia Employment Commission to allocate WIA funds from the Governor's Statewide Discretionary Funds to be used for the following activities: . . Reassessment of the Workforce Board and one-stop operating system structure, policies and procedures, with the intent to improve Workforce Board efficiency, in collaboration with . economic development and overall customer service; and add business services. I . Activities identified as necessary to implement findings that result from the abovementioned reassessment. It was stated that the MOU received from the Virginia Employment Commission allocates $12,100.00 for capacity building activities to the Western Virginia Workforce Development Board for costs incurred from October 1, 2004 through June 30, 2006; and funds are available from the Virginia Employment Commission, at no additional cost to the City. The City Manager recommended that Council accept the Western Virginia Workforce Development Board Workforce Investment Act Capacity Building funds, in the amount of $12,100.00, and adopt an ordinance establishing revenue estimates and appropriating funds in accounts in the Grant Fund to be established by the Director of Finance. Vice-Mayor Fitzpatrick offered the following budget ordinance: I I I I ," .,. -,··t 159 (#37306-022106) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act Grant Capacity Building Activity FY06, 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. 70, Page 153.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7306-022106. The motion was seconded by Council Member Cutler. Council Member Lea inquired about the progress of the Workforce Development Board; i.e.: whether the issue involving receipt of contracts by Total Action Against Poverty (TAP) throughthe Workforce Board has been resolved, and whether a TAP representative has been reinstated to theWorkforce Development Board. The City Manager responded that the issue involving TAP contracts has been resolved, and a TAP representative was not reinstated to the Workforce Development Board. She added that the Workforce Development Board has received high marks for productivity. There being no further discussion, Ordinance No. 37306-022106 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ arri s __oom___n__noooon_______oon_oon_oo_oon_oo___________n_oon_oonCoo_oo_oo_oo_noooo_____________6. NAYS: Non e __noo_noo-m-------nn----oon-oo--_-noon--m-C-----------__oon__oo__------------------0. (Council Member Dowe was absent.) BUDGET-~UMAN DEVELOPMENT: The City Manager submitted a' communication advising that the Virginia Department of Social Services grants funds to Virginia Commonwealth University (VCU) for operation of five Virginia Institute for Social Service Training Activities (VISSTA) Area Training Centers throughout the Commonwealth of Virginia; and the City of Roanoke Department of Social Services has received an annual subaward for local supervision and operation of the Piedmont Area Training Center since 1998, however, in the current fiscal year, the subaward has been issued twice, once for the first half of the fiscal year, and a modified version to cover the second half of the fiscal year. It was further advised that Council previously authorized the City Manager to execute the subaward agreement that included a budget of $258,505.00 for the first six months ofthe 2006 fiscal year program; the City's adopted budget for the entire fiscal year was $373,357.00; a new subaward for the second half of the fiscal year has been issued in an additional amount of $258,505.00, for a total subaward of $517,010.00, which is issued on acost reimbursable basis; current revenue estimate is $402,000.00 and an increase in revenue estimate of $115,010.00 is needed. 160 It was stated that the VISSTA program provides valuable training classes for local Department of Social Services staff, including social workers, eligibility workers, supervisors, administrative staff and training for local department of social services approved or State licensed child care providers; and training events enhance the knowledge and skills of staff and child care providers, such that vulnerable children, adults and families are effectively assisted in obtaining an appropriate level of safety and self-sufficiency. I The City Manager recommended that she be authorized to accept a $258,505.00 subaward from Virginia Commonwealth University and execute Subaward Agreement Modification One, for the period of January 1, 2006 to July 31 , 2006; that Council adopt an ordinance increasing the revenue estimate for VISSTA, Account No. 001-11 0-1234-0671, in the amount of $115,010.00; and authorize the Director of Finance to appropriate funds to the following accounts: 001-630-5318-1003 001-630-5318-1116 001-630-5318-1131 001-630-5318-2010 (Overtime Wages) (ICMA Match) (Disability Insurance) (Fees for Professional Services) (Telephone) (Administrative Supplies) (Expendable Equipment) (Program Activities) (Other Rental) (Fleet Parts/Sublet Billings) 001-630-5318-2020 001-630-5318-2030 001-630-5318-2035 001-630-5318-2066 001-630-5318-3075 001-630-5318-7026 $ 2,000.00 500.00 . 50.00 10,000.00 2,500.00 6,500.00 10,000.00 43,160.00 40,000.00 300.00 I $115.010.00 Council Member Cutler offered the following budget ordinance: (#37307-022106) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Institute for Social Service Training Activities (VI SSTA) , amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 154.) Council Member Cutler moved the adoption of Ordinance No. 37307- 022106. The motion was seconded by Council Member McDaniel and adopted by the following vote: I I I I !: " '~'~'; ';tJf.ì.'i 161 AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and MéI\I()r ~é1rris------------------------------------'-------------------------------------------------------------------E>. N)\'(S: N()IlE!-----------------------------------------------------------------------,-----------------------Cl. (Council Member Dowe was absent.) Vice-Mélyor Fitzpatrick offE!red the following rE!Solution: (#37308-022106) A RESOLUTION authorizing the acceptance of a subaward, in the amount of $2s8,sCls.ClCl, from Virginia Commonwealth University and authorizing thE! City Manager to execute a subaward agreement with Virginia Commonwealth University for such funds for local supervision and operation of the Virginia Institute for Social SE!rvice Training Activities ("VISSTA") Piedmont Area Training Center, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 7Cl, Page 155.) ViŒ-Mayor Fitzpatrick moved the adoption of Resolution No. 37308- 0221 Cl6. The motion was seconded by Council Member Daniel and adoptE!d by the following vote: AYES: Council ME!mbers Fitzpatrick, LE!a, McDaniel, Wishneff, Cutler and Mayo r ~ arri s n_n_______nn_nn_nn______nn___mmmnnn_mnn_nn_n_m______________________---m--6. N)\'(S: N()IlE!-----------------------------------------------------------------------------------------------Cl. (Council ME!mber Dowe was absE!nt.) BUDGET-GRANTS- POLICE DEPARTMENT: The City ManagE!r submitted a communication advising that the Virginia Department of Criminal Justice SE!rvices (DCJS) provides grant funding for programs and activities which increase the apprE!hE!nsion, prosecution é1nd é1djudication of pE!rsons committing violent crimes against women; the Program, "Virginia SE!rvices, Training, Officers, ProsE!cution Violence Agélinst Women" (V-STOP) has funded the establishment of a Domestic . Violence Unit within thE! Police DepartmE!nt since 1999; the Domestic Violence Unit collects and interprets relE!vant domestic violence offense data which allows proactive case intervention and cultivation of the cooperative working relationships with clients and service/adjudication agencies; and the program produces more equitable victim-offender criminal justice dispositions rE!lated to domestic violence offenses. 162 It was further advised that on December 16, 2004, DCJS awarded the Police Department $32,967.00 to employ a full-time, non-sworn Domestic Violence Specialist, thereby allowing continuation of the Domestic Violence Unit in calendar year 2006; the required City in-kind match of $10,989.00 will be met through a cash transfer, in the amount of $8,532.00, and an in-kind donation of$2,4s7.00; a cash expenditure is necessary to continue to fully fund the salary and benefits portion of the Domestic Violence Specialist position; and funding for the local match is budgeted in Local Match Funding for Grants, Account No. 035-300-9700- 541 S. The City Manager recommended that Council accept the V-STOP grant and authorize execution of the grant agreement and any related documents, in a form to be approved by the City Attorney; and adopt a budget ordinance establishing revenue estimates for State grant funds, in the amount of $32,967.00, transferring funds in the amount of $8,532.00 from Account No. 035-300-9700- 5415 to provide local match funds, and appropriating a total of $41,499.00 to accounts in the Grant Fund to be established by the Director of Finance. Vice-Mayor Fitzpatrick offered the following budget ordinance: I (#37309-022106) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund I Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 156.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37309-022106. The motion was seconded by Council Member Cutler. Council Member Lea advised that the City has established a Domestic Violence Task Force, and inquired about the handling of funds that are provided . for the Program through the Commonwealth of Virginia. The City Manager advised that the Police Department Domestic Violence Program Grant will help fund a full-time position· charged with the responsibility of collecting and interpreting data with regard to domestic violence, and to investigate ways to intervene in local domestic violence offenses, such as identifying organizations that could provide assistance to victims of domestic violence in certain situations. There being no further discussion, Ordinance No. 37309-022106 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ arri s oon_oon___u_oo___n_oooon_n______uoooo_noooon_oon_u_n_-oo-mnnn-n---__oooon_________m6. Nt\'(S: None-----------------------------------------------------------------------------------------------0. (Council Member Dowe was absent.) I I I I " --"I' " i.:' ~ 1 . ,~'." '~~:~\i# 163 Vice-Mayor Fitzpatrick offered the following resolution: (#37310-022106) A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (V-STOP) Violence Against Women grant to the City from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 70, Page 157.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37310- 022106. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ ani s ____n_n_nn_nn_nn_nnn_________________n_m__nn_n_nmnn_m__mnn____m___--------6. NA'(S: NCll1e------------------------------------------------------------------------~----------------------o. (Council Member Dowe was absent.) CITY PROPERTY-PURC~ASE/SALE OF PROPERTY-Y.M.C.A.: The City Manager submitted a communication advising that on December 24, 2002, the City of Roanoke entered into an Agreement with the YMCA of Roanoke Valley, Inc. (YMCA), to provide support for development and construction of a new YMCA facility in the West Church area of downtown Roanoke to accommodate an expansion of YMCA programs, and to transfer the former YMCA building and land located at the corner of Church Avenue and Fifth Street, S. W., to the City of Roanoke; as specified in the Agreement, the YMCA was required to remove an underground storage tank and all appurtenances and to remediate any soil impacted by the presence of the underground storage tank before transferring the property to the City; It was further advised that the underground storage tank was removed from the former YMCA site in December 2004, however, impacted soil and piping associated with the storage tank were left in place by the contractor working for the YMCA, along with a pedestrian walkway linking theJormer main YMCA building with the YMCA's auxiliary gymnasium; the agreement dated December 24,2002, contemplates the transfer of the main YMCA building from the YMCA to the City, with the YMCA retaining title to the YMCA's auxiliary gymnasium; provisions for removal of the pedestrian walkway 'inking the two structures need to be established; and Amendment No.3 addresses other related issues, such as the closing date and survival of certain terms beyond the closing date. 164 It was stated that the YMCA has approached the City to amend the Agreement dated December 24, 2002, in order to allow the YMCA to transfer a portion of the former YMCA facility to the City, with piping and impacted soil on the property; Amendment No.3 will allow the YMCA to remove the piping and impacted soil at its expense, if the City decides to demolish the former main YMCA building; and if the City sells the property "as is", the YMCA is under no obligation to remove the piping and impacted soil. I It was further stated that if the sale price for the property is diminished by the presence of the piping and impacted soil, the YMCA and the City will agree on a third party to establish the difference in value of the property, with the YMCA to be responsible for the difference; and Amendment No.3 will allow the pedestrian walkway between the former YMCA building and the YMCA auxiliary gymnasium to be removed at the expense of the YMCA, pursuant to other terms and conditions as agreed upon. The City Manager recommended that she be authorized to execute Amendment No.3 to the Agreement dated December 24,2002, between the City of Roanoke and the YMCA of Roanoke Valley Inc., releasing the YMCA from the initial obligation to remove all underground storage tank appurtenances, as well as impacted soil from the former YMCA property located at the corner of Church Avenue and Fifth Street, S. W., to the City of Roanoke prior to transferring the former YMCA property to the City, including provisions for removal of the I pedestrian bridge by the YMCA between the former YMCA building and the YMCA auxiliary gymnasium, at the YMCA's expense, and other related documents, subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37311-022106) AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to the Agreement dated December 24,2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. (''YMCA''), to extend the date to February 28, 2006, 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 address the future removal and disposal of piping and impacted soil from an underground storage tank, to address the removal and disposal of a pedestrian walkway between two buildings which constituted the former YMCA facility, to address survival of such prOVisions and other provisions after closing, and to include other terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 158.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37311-022106. I The motion was seconded by Council Member Cutler and adopted by the following vote: I I I ,.j ...« . ';-",., .~ .., : '-; ~~ " . I I;' Jf,r,4 165 AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Ma\l()r ~arris--------------------------------------------------------------------------------------------------------15. Nt\'(Si: N()IlE!-----------------------------------------------------------------------------------------------(). (Council MembE!r DOWE! was absE!nt.) TRAFFIC-STATE ~IG~WAYS: The City Manager submittE!d a communication advising that the Virginia DE!partmE!nt ofTransportation (VDOT) rE!Œntly published the Interstate 81 (1-81) Corridor Improvement Tier 1 Draft Environmental Impact StatemE!nt (Tier 1 DEIS) and is currently seeking public comments; the streamlined Tier 1 DEIS process, being conducted in accordance with the Federal ~ighway Administration (FHWA) and National EnvironmE!ntal Policy Act of 1969 (NEPA) guidelines, identifies neE!ds, develops solutions and evaluates potential impacts associated with conceptual-level improvements along the entire 32s-mile Interstate 81 (1-81) corridor in Virginia, as well as improvemE!nts to Norfolk Southern Shenandoah and Piedmont rail lines in Virginia; potential impacts of specific improvE!mE!nts will bE! analyzed in greater detail during TiE!r 2 if a "Build" concept (or portion of a "Build" concept) is advanced; Tier 1 study documents existing and future nE!eds along the corridor; and upon completion of the Tier 1 study, decisions will bE! basE!d upon the following: · improvement concepts for highway. and rail facilities; advancing 1-81 as a toll pilot under Section 1216(b) of the Transportation Equity Act for thE! 21" Century (TEA-21); projects with independent utility and logical termini to be studied in Tier 2; types of Tier 2 NEPA document(s); . location of the corridor for studying alignments in Tier 2; and possible purchase of certain right-of-way parcels on a case-by- caSE! basis. · · · · · The City Manager recommE!lldE!d that Council adopt a resolution in support of multi-modal Interstate 81 corridor improvE!ments. Vice-Mayor Fitzpatrick offered the following resolution: (#37312-()221 015) A RESOLUTION requesting the. Commonwealth Transportation Board to make the multi-modal improvement of the Interstate 81 (1-81) corridor a high priority transportation project within the Commonwealth and to proceed with the necessary work to implemE!nt these improvements in a timely manner. (F()r full tE!xt of resolution, see Resolution Book No. 7(), Page 159.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37312- ()22106. The motion was seconded by Council Member Cutler. 166 Council Member Cutler read the following portion of Resolution No. 37312- 022106: "T~EREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City hereby endorses and requests that the Commonwealth Transportation Board continue the advancement of corridor improvements appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will maximize the utilization and efficiency of all transportation modes along this corridor while minimizing impacts on the environment, including scenic and cultural resources. Further, the City urges the Commonwealth of Virginia to identify, and make available, the needed resources to improve this vital corridor in a timely manner, and for VDOT to recognize the 1-81 highway improvement segments in the Roanoke and New River Valleys as high priorities to be more closely studied and advanced in the 1-81 Corridor Improvement Tier 2 environmental documents." I For clarification purposes, Council Member Cutler reiterated that the abovementioned portion of Resolution No. 37312-022106 requests the Commonwealth Transportation Board to continue the advancement of corridor improvements to balan.ce freight rail, public transportation, and strategic interstate widening that will maximize utilization and efficiency of all transportation modes along the 1-81 corridor while minimizing impacts on the environment. I There being no further discussion, Resolution No. 37312-022106 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Ma)lor ~arris--------------------------------------------------------------------------------------------------------6. NAYS: NOlle-----------------------------------------------------------------------------------------------0. (Council Member Dowe was absent.) CITY ATTORNEY: STREETS AND ALLEYS: The City Attorney submitted a written report advising that on October 18, 2001, Council adopted Ordinance No. 35619-101801 permanently vacating a portion of an unnamed and undeveloped alleyway between 10th Street and 11'h Street, S. E., upon certain conditions; one ofthe conditions was that the petitioner, Sherman W. Chisom, record a copy of Ordinance No.3 56'19- 101801 in the Office of the Circuit Court Clerk for the City of Roanoke within a I period of 12 months from the effective date of the ordinance; and if all of the conditions were not met within the 12 month timeframe, the ordinance would become null and void without further action by City Council. I I I ~1' I '~'( 167 It was explained that Michael S. Ferguson, Attorney, representing the petitioner, has advised that all conditions of the ordinance were timely completed, except for the inadvertent failure to record a copy ofthe ordinance; therefore, Mr. Ferguson has prepared and filed an application requesting that Ordinance No. 35619-101801 be amended and reordained to allow 60 months for recordation of the ordinance and amendment to Ordinance No. 35619-101801; and the Engineering Department and the Department of Planning Building and Economic Development have no objection to the request. The City Attorney recommended that Council adopt an ordinance to amend and reordain Ordinance No.3 5619-101801, with the condition that the period of time required for satisfaction of the condition be changed from 12 months to 60 months. Vice-Mayor Fitzpatrick offered the following ordinance: (#37313-022106) AN ORDINANCE amending and reordaining Ordinance No. 35619-101801; and dispensing with the second reading by title ofthis ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 160.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37313-022106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ arrisn-mn-nn-nnn-n._nnn_n_mn_n__m_______________________m---__n________________________6. NAYS: Non e----------------------------------,------------------------------------------------------------0. (Council Member Dowe was absent.) HOUSING/AUTHORITY-STREETS AND ALLEYS: The City Attorney submitted a written report advising that the City of Roanoke Redevelopment and ~ousing Authority ("Authority") is in the process of taking over the development of the Fifth Street Gateway project located in the 500 block of Loudon Avenue, N. W., from the Northwest Neighborhood Environmental Organization ("NNEO"); at the request of NNEO, C9uncil adopted Ordinance No. 36226-020303 closing two alleys in the area of the project; Ordinance No. 36226-020303 required that, within one year from the date of adoption of the ordinance, NNEO would have a subdivision plat prepared and recorded combining the closed alleys with the adjoining lots; and because the plat was never prepared and recorded, Ordinance No. 36226-020303, by its terms, became void. 168 It was further advised that Ordinance No. 36226-020303 must be amended to allow for the closure of the alleys and to grant the ~ousing Authority an I additional 12 months to prepare and record an appropriate plat; and in accordance with the Authority's request, Council adopted Ordinance No. 37152- 081505 amending and reordaining Ordinance No. 36226-020303 to allow a plat of subdivision to be prepared and recorded within 36 months after February 3,2003, the date of adoption of the original ordinance. The City Attorney pointed out that by letter dated February 7, 2006, the ~ousing Authority advised that the required subdivision plat had not yet been recorded; accordingly, the Housing Authority requested that an additional 12 months be granted to complete the process; and the Engineering Department and the Department of Planning Building and Economic Development have no objection to the request. The City Attorney recommended that Council adopt an ordinance amending and reordaining Ordinance No. 36226-020303 allowing a plat of subdivision to be prepared and recorded within 48 months after February 3, 2003, the date of adoption of the original ordinance. Vice-Mayor Fitzpatrick offered the following ordinance: (#37314-022106) AN ORDINANCE amending and reordaining Ordinance No. I 36226-020303; and dispensing with the second reading by title ofthis ordinance. (For full text of ordinance, see Ordinance Book No, 70, Page 161.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37314-022106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r H arri s _nn_nn_nn_oon_nn_nnn_nn_n_m_nnn_n_m____nn_______m_______n----------------00-6. NAlfS: NOrle-----------------------------------------------------------------------------------------------0. (Council Member Dowe was absent.) DIRECTOR OF FINANCE: BONDS/BOND ISSUES-BUDGET-ClVIC CENTER-CITY INFORMATION SYSTEMS- CAPITAL IMPROVEMENTS PROGRAM- ARTS MUSEUM OF WESTERN VIRGINIA- RIVERSIDE CENTRE-SC~OOLS: The Director of Finance submitted a written report advising that the City's 2006A and 2006B General Obligation Public Improvement I Bonds, in the amount of $35,055,000.00, were issued on February 8, 2006; the I I I , , ",~:. ; 169 Series 2005 General Obligation Public Improvement Bonds, in the amount of $3,975,000.00, were issued on December 15, 2005; proceeds from the issuances are available for appropriation; several projects have been established and funded in advance of issuance of the bonds; and the following table details projects to be funded by the bonds: Project Civic Facilities Fund Civic Center Renovations-Phase II Parkina Fund Downtown West Parking Garage Caoital Proiects Fund Art Museum Riverside Centre for Research and Technology Countryside Goif Course Total Capital Projects Fund Deoartment of Tech'noloav Fund Financial Information Systems Replacement School Caoital Proiects Fund Patrick Henry High School Grand Total Amount Remaining to Issue Previously be . Amount Appropriated Appropriated $ 6,405,000.00 $ 6,405,000.00 $ 2,600,000.00 $ $ 2,600,000.00 $ 3,700,000.00 $ 2,500,000.00 $ 1,200,000.00 5,500,000.00 5,495,750.00 4,250.00 3 975 000.00 3 975 000.00 $13,175,000.00 $11,970.750.00 $ 1,204,250.00 $ 2,600,000.00 $ 2,600,000,00 $14,250,000,00 $ $14250000,00 $39l13.0 000 00 $1837575000 $2065475000 The Director of Finance recommended that Council adopt an ordinance to appropriate the remaining $20,654,250.00 in bond funds to the appropriate project accounts. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37315-022106) AN ORDINANCE to appropriate funding to be provided by the Series 2005 and 2006A and B Bonds to various capital projects, amending and reordaining certain sections of the 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 163.)' Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 731 5-022106. The motion was seconded by Council Member Cutler and adopted by the following vote: 170 AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r ~ arri s _oooon_oooo_nn_u____nnn_oon_____oo___noo_oooo_noo_uoo____m_oon_noooon_oonn____________6. I NAYS: Non e _noon_nn__n_oooo_m_unn_oo_oooon_m____n_nnn_oon_noo_nnh___nm___---n---O. (Council Member Dowe was absent.) REPORTS OF COMMITTEES: BUDGET-SC~OOLS: A report of the Roanoke City School Board requesting appropriation of the following funds, was before Council: . $544,576.00 from the Capital Maintenance and Equipment Replacement Fund to fund faCility maintenance and food services equipment, and school-based furniture. . $4,100,000.00 from the Roanoke City Stadium/Amphitheater project to provide funding for construction of a football stadium to be located on the Patrick ~enry ~igh School campus. A report ofthe Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Vice-Mayor Fitzpatrick offered the following budget ordinance for its first reading: I (#37316) AN ORDINANCE to appropriate funding for the 2005-06 Capital Maintenance and Equipment Replacement Program and Patrick ~enry ~igh School Stadium Project, amending and reordaining certain sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 70, Page 174.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7316. The motion was seconded by Council Member Cutler. Mr. Alan Scanlan, 1631 Center ~ill Drive, S. W., advised that an informal referendum was held over the weekend and although the referendum was not attended by a large number of citizens, the overwhelming message was that the citizens of Roanoke do not approve of actions taken by City Council. ~e stated that he did not know that the school administration would show favoritism to some schools due to the influence of certain parents whose children attend the I schools, but he knows now; he did not know that while one school administrator spoke in public about no meetings or discussions having been held to construct a high school stadium on the Patrick Henry ~igh School campus as quickly as possible to accommodate 4,000 or more participants, another school official I I I jÚ::r" 1 71 denied that the meeting occurred, but he knows now; he did not know that 48 per cent or more of the City's population, 18 years of age or younger, are below the poverty level, but he knows now; he did not know that economic issues of the City serves as a magnet for the Roanoke City School system's problems and feeds the growth of surrounding communities, but he knows now; he did not know that the former School Administrator, under the watch of the current School Board, was aware of the school system's false certifications of instructional compliance that were forwarded to the State Department of Education, but he knows now; he did not know that some of the forces in the City that have urged construction of high school stadiums are likely responsible for the School Board's failure to address instructional time needs because they would be disruptive to affluent life styles, but he knows now; he did not know that 70 per cent of candidates campaigning for City Council believe that too many public decisions are tainted before they begin and that the City Manager has her own agenda, but he knows now. ~e stated that he did not know that there are avenues of recourse open to citizens and/or citizen organizations who are not willing to stand by while City Council continues to do whatever it pleases, and although the cost may be significant, citizens are prepared to take whatever action is necessary. Ms.. Margaret Keyser, 2701 Guilford Avenue, S. W., advised that it is hoped that the $4 million plus that will be allocated to Roanoke City Public Schools will include the cost of a sunken stadium at Patrick ~enry~igh School, and additional lighting in the school parking lot and the parking lot at the Raleigh Court Branch Library to accommodate overflow parking. She further advised that approximately two years ago, Council promised that there would be dialogue with the residents of the area prior to making a decision concerning an on-campus stadium at Patrick ~enry ~igh School; although four meetings were held at Patrick ~enry ~igh School with the architect and the School administration, the meetings did not address the City's obligation to residents, and no Member of City Council attended any of the meetings to address questions raised by residents. She expressedconcefn with regard to parking and traffic issues in the neighborhood; usage ofthefield will be greater than four to five football games per year as was previously stated, and will most likely include Parks and Recreation, as well as community events, at any time during the day. She also expressed concern with regard to a statemennhat was made during a City Planning Commission meeting that parking plans for the high school stadium should be revised to accommodate spillover into the neighborhood due to narrow streets; therefore, residents of the area would like to discuss the issue with the City's Traffic Engineer. She questioned how thé Council could, in good conscience, provide the necessary funds to the school system to construct the athletic field without addressing the concerns of residents. In closing, she inquired if the school administration or the Department of Parks and Recreation will contact residents prior to scheduled events. She urged that Council give serious consideration to the construction of a stadium at Patrick ~enry ~igh School, and asked that City officials meet with residents ofthe area to discuss their concerns. 172 Council Member Wishneff advised of his plans to vote against adoption of the budget ordinance because in May 2005 Council unanimously voted to engage I a consultant to study the stadium issue, which did not include stadia at the two high schools; and Council was unanimous in itsdecìsion not to study high school stadia due to the negative impact on the surrounding neighborhoods. ~e called attention to an article in the Roanoke Times following receipt of the consultant's report in which the news media used the word "surprised" to explain the reaction of City Council because the consultant's report on Victory Stadium was positive. ~e added that what he did not know until the Citizens for a Sensible Stadium group requested e-mails through the Virginia Freedom of Information Act was that prior to release of the consultant's report, five Members of City Council had discussed ways to overturn the results of the stadium study prior to release ofthe report to the public. Council Member Wishneff referred to an e-mail from a Member of Council to the Chair of the School Board under date of October 25, 2005, which offered suggestions with regard to the demolition of Victory Stadium and the construction of a soccer field, and contributions by the City to encourage the School Board to agree with construction of high school stadia. ~e also referred to an article in USA Todav with regard to an increase in violence at high school football games throughout the United States and in the Commonwealth of Virginia. ~e pointed out that having lived in the neighborhood surrounding Patrick ~enry ~igh School for the past 15 years, the image portrayed by the City regarding the lack of I violence at high school football games is a "fairy tale"; and having witnessed the traffic situation, he could attest to the negative impact of parking and traffic in the area. He added that for many years, City Councils have rejected the idea of constructing a high school stadium at Patrick ~enry ~igh School so as not to place the neighborhood at risk, and alluded to existing problems of the City such as a declining population and deterioration of neighborhoods, etc. ~e referred to proposed action by the City of Norfolk in June 2003 to construct a stadium for Granby ~igh School beside the Virginia Zoo in Lafayette Park, which action was later rescinded and the City of Norfolk constructed a high school stadium at a site near Old Dominion University which is farther away from Granby ~igh School in Norfolk than Victory Stadium is to . Patrick ~enry ~igh School in Roanoke. ~e stated that the City of Norfolk continues to prosper, the decline in population has been reversed, economic development is flourishing, the downtown area is . thriving, and the school system has turned itself around; however, in contrast to the City of Roanoke where population has decreased to 92,000 citizens, with a school system that is in trouble, a downtown that has lost approximately 5,000 people, and a reported reputation as the second most dangerous city in Virginia. There being no further discussion, Ordinance No. 37315-022106 was adopted by the following vote: I I I I .".,-: . ,~'f::/!: "'î! 173 AYES: Council Members Fitzpatrick, McDaniel, Cutler and Mayor ~arrisn----4. NAYS: Council Members Lea and Wishneffn---n------------------mn-------------nn---2. (Gouncil Member Dowe was absent.) UNFINIS~ED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BYT~E MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-NEWSPAPERS-CITY MARKET: Council Member Cutler referred to an article in the January 2006 Virginia Town & City Magazine with regard to the benefits of City squares that included the following sentence: "Does your community host a still-vital town square created in years long past such as Roanoke's Market Square?" PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT-NEWSPAPERS: Council Member Cutler called attention to a column by Dan Smith in the February 13, 2006 edition of the Blue Ridge Business Journal that complimented Gary Hegner, Parks Supervisor, Roanoke Parks and Recreation Department, for encouraging student artist and skateboarder Hunter Dickenson to paint the City- County Skateboard Park. ACTS OF ACKNOWLEDGEMENT: Council Member Cutler announced that Mike Etienne, former Director of ~ousing and Neighborhood Services, recently received his Doctorate of Philosophy Degree. He advised that he served on the Doctoral Committee and attended the oral examination on Mr. Etienne's dissertation at Virginia Commonwealth University on February 9, 2006. ~UMAN DEVELOPMENT-COUNCIL OF COMMUNITY SERVICES: Council Member Cutler announced the availability of a 2-1-1 number for various health/human service needs, which has been a long term goal of the Council of. Community Services. ~EARING 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. 174 CITY PROPERTY-EASEMENTS: Ms. Amanda Davis, 1998 Cahas Mountain Road, Boones Mill, Virginia, advised that she serves as administrator of her I father's estate as it relates to property that was purchased in 1938 near Bennett Springs in Roanoke County. She further advised that a Bill of Complaint and Demurrer was filed against adjoining property owners who purchased properties in 2003 and thereafter, when access rights to her father's property were revoked. She added that efforts to work out access rights with three other property owners failed, as well as a request for right-of-way easement across City property. She stated that other property owners have access to their properties without crossing City property; therefore, she requested that Council authorize a right-of-way easement across City property to her property, with the understanding that any request by the City to maintain the scenic quality of the land will be complied with. Council Member Cutler advised that he visited Ms. Davis' property, as well as certain property that was previously granted a right-of-way easement across City property. ~e stated that the City erred in granting the right-of-way easement across City-owned property to the previous owner because of timbering of the land. ~e also expressed concern with regard to blight from the access road to the Carvins Cove Natural Reserve, and recommended that the City not grant a right-of- way easement as requested by Ms. Davis. Ms. Davis responded that she has no plans to timber the land; however, if the request for a right-of-way easement across City property is denied, her only recourse will be to sell the property to the adjoining property owner. I There being no further discussion, Ms. Davis' request was referred to the City Manager for study and report to Council. CITY GOVERNMENT: Mr. John Kepley, 2909 Morrison Street, S. E., advised that certain Members of Council do not hear what the citizens of Roanoke are saying, and quoted a Bible passage which states that they have ears but they hear not. ~e added that certain Members of Council are mentally alive, but spiritually dead, and their conscience has become seared to the point of not hearing the citizens of Roanoke. ~e added that every action taken by the Council is recorded, and the Apostle Paul said that each of us shall give an account of himselfto God. ARMORY/STADIUM: Mr. Winfred Noell, 2743 Northview Drive, S. W., read a statement written by the Mayor with regard to Victory Stadium prior to the 2004 Councilmanic election entitled, "I Changed My Mind with Good Reason". Mr. Noell questioned why the Mayor listened to and honored the will of citizens two years ago, yet, with regard to construction of high school stadia, he discounted the will of the Roanoke's citizens. I I I I ,"·r- I·... r;~*~ì 175 CITY MANAGER COMMENTS: RVCVB: The City Manager called attention to an article in the February 21 , 2006 edition of The Roanoke Times with regard to a pledge of $60,000.00 by the Roanoke Valley Convention and Visitors Bureau, the Roanoke Valley Economic Development Partnership, and several local governments to attract the second annual U. S. Challenge to the Roanoke Valley. She advised that that event pairs athletic and outdoor competition with tests of strategic thinking and teamwork. At 3:15p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 3:45 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Member Dowe, Mayor ~arris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Cutler moved that each Member of City Council certify to the best of his. or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Ma)lor ~arris--------------------------------------------------------------------------------------------------------6. ~j\'{S;: ~ol1e----------------------------------------,------------------------------------------------------0. (Council Member Dowe was absent.) At 3:55 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. At 7:00 p.m., on Tuesday, February 21, 2006, 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 Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian j. Wishneff (arrived late), M. Rupert Cutler and Vice-Mayor Beverly T. F itz pat ri ck, Jr. -mh__h_____m_mnn______nn_nnn_n___n_n_nn__n_m__mnn_n_____------------------ 5 . ABSENT: Council Member Alfred T. Dowe, Jr., and Mayor C. Nelson ~arris------------------------------------------------------------------------------------------------------------------2. 176 OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Ann ~. Shawver, Deputy Director of Finance; and I Stephanie M. Moon, Deputy City Clerk. The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Fitzpatrick. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Vice-Mayor presented a proclamation to David Mays, an Advisor to the Roanoke Valley DeMolay Chapter, declaring the month of March 2006 as DeMolay Month. The Vice-Mayorrecognized Bo Painter, Chris Ballard, Nick Dugan, Jonathan Mays, Charlie Scruggs, Paul Brammer and Seth Sprinkle, members of the Roanoke DeMolay Chapter, and expressed appreciation for their many contributions to the community. PUBLIC ~EARINGS: ~OUSING/AUT~ORITY-ROANOKE VISION, COMPRE~ENSIVE DEVELOPMENT I PLAN-COMMUNITY PLANNING: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Strategic ~ousing Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Timeson Monday, February 13, 2006, and Monday, February 17, 2006; and in the Roanoke Tribune on Thursday, February 9, 2006. The City Planning Commission submitted a written report advising that in 2003, K. W. Poore and Associates, Richmond, Virginia, was awarded the bid to lead development of a Strategic ~ousing Plan; with assistance from City staff, a steering committee of 19 citizens was appointed in the fall of 2003; and public meetings, including focus groups, were held during the winter of 2004. It was further advised that the overall goal of the ~ousing Plan is to reverse negative trends experienced by the City over the past 20 years, which involves increasing the amount of market rate housing, improving housing conditions, halting the decline in population, and increasing income levels of City residents; the Plan stresses that the City must realize its potential by capitalizing on urban I assets, rather than competing in the realm of suburban housing; and the Plan also recommends cooperation and partnerships with the private sector, and linking housing initiatives with economic development activities. I I I 177 It was noted that in order to achieve the abovereferenced goals, the Housing Plan proposes the following: Neighborhood Strategies for each of the following areas: downtown, northern edge of Old Southwest, Gainsboro, Southeast by Design, West End/~urt Park, South Jefferson/Bio-Medical District, and City suburban/Neo-traditional neighborhoods; Citywide Strategies to include examination of all current ordinances and City programs, marketing the City, addressing school issues, and attracting active seniors, young professionals and empty nesters; and funding strategies are identified as solicitation of for-profit and non-profit organizations for development, joint developers investing in a single project to reduce risk, and additional City commitments. The City Planning Commission recommended amendment of Vision 2001- 2020, the City's Comprehensive Plan, to include the Strategic ~ousing Plan, with the following modifications: · Affordable Housing Must Be Maintained (p. 6). The Commission recommends striking the phrase "inclusionary techniques" from the last sentence in the third paragraph on page 6. Substandard and Dilapidated Neighborhoods where Rehabilitation is not Economically Feasible (p. J 7) - The Commission recommends that this section be deleted from the report. Gainsboro - Geographic Focus (p. 30) - The Commission recommends the following text be inserted: "Roanoke Redevelopment and Housing Authority (RR~A) owns a number of scattered site lots, as well as the Cherry Avenue site in Gainsboro. These properties were acquired and made available as part of the Redevelopment/Conservation Plan for the neighborhood through various acquisition and clearance means over an extended period of time." · · Council Member Cutler offered the follOWing ordinance: (#37317-022106) AN ORDINANCE approving the Strategic ~ousing Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Strategic Housing Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 165.) Council Member Cutler moved the adoption of Ordinance No. 37317- 022106. The motion was seconded by Council Member Lea. The Vice-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. 178 Council Member Cutler asked the following questions: I What are "loan pools" and how are they funded? . R. Brian Townsend, Agent, City Planning Commission, advised that a "loan pool" isa source of money that can be accessed and reused as loans are paid off to facilitate rehabilitation or new construction of housing, and could be self sufficient, once initiated. ~e identified several funding sources such as CDBG funds, General Fund money and grants, and an appropriate funding source would depend on the target of the housing market. Who administers the loan pool? Mr. Townsend stated that the ~ousing Plan identifies either the Roanoke Redevelopment and ~ousing Authority or the City's Neighborhood and ~ousing Services Department as the two entities to administer the loan pool on behalf of the City of Roanoke. If the plan is approved, what is the next step toward creating a loan pool? Mr. Townsend advised that the next step would be to identify a source of funds and the target portion of the housing market that addresses either rehabilitation or new construction, and whether the City should look at buying down or lowering the interest rate for a loan or down payment assistance. ~e called attention to a series of potential programmatic responses that are included in the Plan that identify ways to focus on the City's strategic housing mission. I Does the Cradle 2 Cradle (C2C) innovative housing program fit into the Strategic ~ousing Plan? Mr. Townsend stated that the C2C project was considered by the committee even though the process began in 2003, prior to theC2C project; the C2C project was geared toward exploring innovative design as opposed to housing strategies and contained a different focus by identifying new and better ways to design housing that is sustainable in terms of design and materials used. ~e added that although the C2C project was not included in this specific ~ousing Plan, it is cited as an innovative way to provide housing within the City of Roanoke. Does the ~ousing Plan address the racially segregated nature of Roanoke's housing? I I I I ! - ,P ¡,,;,:,. " .~,~ 179 Mr. Townsend stated that a significant amount of time was spent reviewing the City's housing market in comparison to the region, both geographically and the City as a whole; the Plan identifies not only social and economic divisions relative to the housing market in terms value, but also studies clusters of still segregated housing in terms of racial breakdown within some sections of Roanoke; and one of the goals of the Plan is to provide a better range of housing within the entire City and begin to address some of the discrepancies identified geographically, socially and economically. Is the power of eminent domain a useful tool to help accomplish the Strategic ~ousing Plan, and will certain legislation before the General Assembly act as a deterrent to the City? Mr. Townsend stated that he could not speak to what the General Assembly might be considering, however, certain bills are pending in the General Assembly that will clarify rules as to when eminent domain may be used by a locality in Virginia; even though the Housing Plan does not recommend or advocate eminent domain, it specifically focuses on redevelopment in the core areas of neighborhoods that surround downtown Roanoke in all directions which is a critical location that needs the most attention; and the Plan looks at using other tools and means for new housing development in the core areas, and the primary focus of the Plan is to provide a better ratio of the City's housing market. ~e explained thatthere is a disproportionate share of lower end ofthe scale housing value within the City, and the Plan identifies areas where some insertion of new investment could bring disproportionate housing back into balance in order to have the City's housing profile reflect the entire region. Council Member McDaniel inquired about implementation of new housing initiatives; whereupon, Mr. Townsend advised that the City will provide a frame work to respond to the private sector and private developers, both for profit and non-profit organizations, and thereafter, discussions will be initiated by the City to encourage investments in disadvantaged or key neighborhoods. Council Member McDaniel noted that the ~ousing Plan provides for strategies to promote the Rehabilitation Loan Fund Program and requested an explanation of the Program; whereupon, Mr. Townsend advised that the City is working with the Roanoke Redevelopment and ~ousing Authority to broaden criteria in order to provide loans in larger amounts so that more persons will qualify; the Plan advocates expanding the loan fund for rehabilitation of existing structures as a critical part of housing strategy, due to the City's existing housing stock; and the City's goal is 2,400 new residents by the year 201 5 which is based on new construction. 180 The City Manager explained that the rehab loan recommendation would require an appropriation of General Fund money because Community Development I Block Grant funds cannot be used for higher incomes. Council Member Lea inquired if the ~ousing Plan addresses racially segregated housing in the City of Roanoke; whereupon, Mr. Townsend responded in the affirmative and advised that one of the issues is to identify a broader economic balance of housing so that there will not be certain neighborhoods with only low to moderate income housing minimums. There being no further discussion, Ordinance No. 37317-022106 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor Fit z pat ri c k ___n___nn_nn_n_nn_n________nn_:_nnnn_n_m________n_n_nn_n_nn_nnn_______n____n 5 . N)\,(Si: N()ne--------------------------------"--------------------------------------------------------------0. (Council Member Dowe and Mayor ~arris were absent.) PARKS AND RECREATION-PLANNING-ROANOKE VISION, COMPRE~ENSIVE DEVELOPMENT PLAN: Pu'rsuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21 , 2006, at 7:00 p.m., I or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, February 13, 2006, and Friday, February 17, 2006. The City Planning Commission submitted a written report advising that over the years, there have been a variety of plans prepared regarding development or preservation of Mill Mountain Park, however, none were based upon an in-depth natural resource inventory; the City's Parks and Recreation Department and the Mill Mountain Advisory Committee developed a Management Plan based upon a detailed analysis of the natural, cultural and visual characteristics of Mill Mountain Park; and the Plan was largely developed through assistance of the Virginia Tech Landscape Architecture Department. It was further advised that the purpose ofthe Management Plan is to guide the future management, maintenance and development of Mill Mountain Park and the Park's resources, to document current conditions, mission and history of the Park, and to use the information to develop Resource Management Zones (RMZ's) and a Trails Plan. I I I I ".1:;,' 1:;- :f; 1 81 It was explained that Resource Management Zones classify various areas of the Park basedon shared characteristics and common management concerns; and each Zone has a set of management recommendations that address such things as appropriate land uses and a development review process to evaluate the appropriateness of future development in each Zone. It was further explained that the purpose of the Trails Plan component of the Management Plan is to provide a sustainable network oftrails that will provide residents and visitors with opportunities to enjoy the natural environment in ways that will fulfill their physical, emotional, and spiritual needs, while protecting mountain resources; and the Plan recommends the primary use, location, and name of all existing and proposed future trails on Mill Mountain, and trail management, including maintenance, volunteer programs, resource protection, signage and education. The City Planning Commission recommended approval of the following amendments: · Figure 34 and Page 19 of the trails plan - colors incorrect on Bigg Sunny Trail; · Page 47, add language to response on long-term conservation - "imposition of a conservation easement be explored and a report returned to the Planning Commission within a year ofthe adoption of the report by the Mill Mountain Advisory Committee"; · Page SO; SeCtion E, add language - "maintain and expand back planting along ridge lines"; · Page 52, Section A, second line, before word vegetation, add words "low lying"; . · Page 53, add No.6, "the department should explore opportunities as they develop to acquire adjacent parcels of land to add to the park if it supports the general precepts and mission of the plan"; and "Roanoke" is misspelled in Section One on the same page. · Page 8 of Trails Plan, correct the location of Mill Mountain. Council Member Cutler offered the following ordinance: (#37318-022106) AN ORDINANCE approving the Mill Mountain Park Management Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 166.) Council Member Cutler moved the adoption of Ordinance No. 37318- 022106. The motion was seconded by Council Member Lea. 182 Council Member Cutler moved the adoption of Ordinance No. 37318- 022106. The motion was seconded by Council Member Lea. I The Vice-Mayor inquired if there were persons present who would like to speak in connection with the matter; whereupon, the following persons addressed the Council: Mr. Tom R. Brock, 5434 Peregrine Crest Circle, S. W., former Chair of the Roanoke Regional Chamber of Commerce, read an excerpt from the Chamber's 1997 Vision statement pertaining to Mill Mountain: "Make the region a destination for people to want to come to". ~e advised that citizens want the Roanoke Valley to be the kind of place where people want to visit and spend their time and money; Roanoke does a good job to promote conventions and certain events, but there is a need to advertise the region by linking various attractions and events, such as incline transportation up Mill Mountain to a restaurant, shops, or a museum on top of the mountain, or downtown Roanoke with some form of historic or futuristic transportation that could be linked with the Virginia Museum of Transportation, all of which could be ecologically compatible with the scenic nature of Mill Mountain; and the Plan should build on the unique experience of Explore Park. ~e stated that Mill Mountain is considered to be Roanoke's most valuable asset and, by itself, has the ability to potentially change the future of Roanoke if developed properly; and in order for development to become a reality, public transportation would have to be provided, therefore, he urged that serious consideration be given to any development on Mill Mountain. I Mr. Dale E. Wilkinson, 185 Park Drive, N. W., concurred in the remarks ofthe previous speaker with regard to the importance of Mill Mountain in the Roanoke Valley. ~e stated that he was not advocating any particular ideas for Mill Mountain and urged that the Council proceed cautiously in its approach to Mill Mountain. Ms. Elizabeth Belcher, 1206 Kessler Mill Road, Salem, Virginia, spoke on behalf of the Trails Committee, a component of the Mill Mountain Management Plan. She expressed appreciation to the Roanoke Parks and Recreation Department for its leadership in recognizing the many opportunities on the Mountain for conservation and development of the 20 acres atop Mill Mountain. She congratulated the City of Roanoke, Roanoke County and the Roanoke Valley Convention and Visitors Bureau for pledging $60,000.00 to attract the second annual U. S. Challenge to the Roanoke Valley. She expressed appreciation for the City's support of the Star Trail that was built in 1999 on Mill Mountain and the Roanoke River Greenway project which will connect to Explore Park and the Mill Mountain Greenway that was dedicated in September 2003 and will extend from the Roanoke River to the top of Mill Mountain. Mr. E. Duane ~oward, 1135 Wasena Avenue, S. W., advised that Mill I Mountain is one of the greatest assets and the most valuable piece of property in the City of Roanoke. ~e stated that he relocated to Roanoke approximately nine years ago, even though there was not a great deal of night life in the City after 11 :00 p.m., thus he took consolation that at any time during the night, he could I I I '··I··'J· ,."i>'..~ 183 drive up to Mill Mountain to enjoy the spectacular view of the Roanoke Valley. ~e urged Council to reconsider closing the gates to Mill Mountain Park at 11 :00 p.m., so that citizens and visitors may enjoy the benefit of Roanoke's greatest asset - an aerial view of the Roanoke Valley from the Mill Mountain Star. - There being no further speakers, the Mayor declared the public hearing closed. Council Member Cutler asked that Mr. ~oward's request regarding the closing of Mill Mountain Park at 11 :00 p.m., be referred to the City Manager. . Council Member Cutler expressed appreciation to the Mill Mountain Advisory Committee for its persistence that the entire 568 acre park and not just the summit, be inventoried. ~e agreed with the consultants that new construction on Mill Mountain should be kept to a minimum, and advised that the summit of the Mountain is not the right place for major new structures, such as a museum which should be located in downtown Roanoke to add to the appeal created by the presence of the Market Building, the Market Square, the Farmers' Market and Center in the Square. ~e pointed out that it was approximately 100 years ago that the nationally famous landscape architect and City planner, John Nolen, recommended that Roanoke protect Mill Mountain and its river and stream corridors from adverse development, and City Council is prepared to take action to acknowledge the official sanction to Mr. Nolen's centUry-old and still-valid recommendation. ~e added that with adoption of the Mill Mountain Plan, the Council will officially acknowledge that the preservation of iconic views of Mill Mountain from downtown and the surrounding Valley require limitation of future development of the Mountain, just as Roanoke County is taking action to protect the. summit of Read Mountain from adverse development. ~e stated that together, the City of Roanoke and Roanoke County are protecting the natural scenic heritage of the Roanoke Valley. Council Member Cutler requested that specific management direction be adopted for each of the resource management zones identified in the Mill Mountain Park Plan, and that the City Code be amended to establish permitted uses and prohibited uses similar to those adopted for the Carvins Cove Natural Reserve several years ago. ~e spoke in support ofthe City Planning Commission's recommendation to include a provision that a report will be required within one year in response to the overlay of a conservation easement on portions of the Park. ~e acknowledged Vice-Mayor Fitzpatrick's interest in the revival of the incline and spoke in support of the conservation easement portion of the Plan that would reserve opportunities for construction of an incline and a mountaintop restaurant. ~e requested that specific managemenUequirements for each of the Mill Mountain Management Zones be submitted in the form of an ordinance for adoption by Council. Council Member McDaniel read the follOWing e-mail from Ms. Liza Field, a supporter and user of Mill Mountain: 184 "I do not live in Roanoke, but grew up next to Mill Mountain. My mother walks it almost every morning at the crack of dawn. She will be at the Council meeting tonight, and since she does not "do" e-mail, I just wanted to express my/our/many people's gratitude for those who have slowed the various leaps to develop Mill Mountain. It is completely unusual, progressive, a rare and priceless thing to have a green, undeveloped mountain in the middle of a sprawling city. Its value lies not only in its vital roles or providing songbird habitat, wildlife range, an undisturbed watershed for the phenomenally important Crystal Spring, oxygen for Roanoke's trying to improve air quality, climate stabilizer and scenic beauty from below ~but also in what does NOT exist there. People today (our tourists and residents alike) are starved for the chance to experience quietness, clean air, solitude and peace. I led a writing workshop on Mill Mountain in September 2005 and we were all amazed to observe so many people just sitting on a blanket, looking around, reading a book, walking quietly together, drawing, reading their Sunday school lesson for the next day's church service (both congregants and one preacher). I have seen groups go there to hike, picnic, pray, take naps under the oak trees, get their homework done, and just "to get away from home" (one man told me early one Thanksgiving morning). If we bring in restaurants, museums, more cars, parking, noise, exhausts, busyness and human "activities", we lose yet another precious respite from these things that cover every square inch of the land below. Roanokers (and those of us who now visit) do not need another thing to do, another commercial enterprise, another building full of man made facts and figures and things to buy. We can do that absolutely everywhere else. Let's move toward that conservation easement, so that those who understand this vision, and how rare and undeveloped the place will be in 15 years - so rare we would pay millions of dollars to secure one -- can stop the wearisome task of having to oppose every new bright idea for developing the mountain." I I Council Member Wishneff inquired if adoption of the Mill Mountain Park Management Plan would prohibit future decisions with regard to development on Mill Mountain; whereupon, Mr. Townsend responded that any plan could be amended by the Council. There being no further discussion, Ordinance No. 37318-022106 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor F i tz pat ri c k ___n_nn_n_nn__nn_____________n_______n_nnn_m_______nn___nn_nn_n_nnn_______________ 5 . NAYS: Non enn_n_nn_nn_nnn_nn_nnn_n____n_nn_n___________m_____nn____-------------000. I (Council Member Dowe and Mayor ~arris were absent.) I I I ,..,,-.;,,;.; 185 CITY CODE-FEE COMPENDIUM-ZONING: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an amendment of the City's Fee Compendium to incorporate new zoning districts and associated filing fees, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, February 13, 2006. The City Planning Commission submitted a written report advising that with Council's adoption of a new Zoning Ordinance and Official Zoning Map for the City of Roanoke on December 5, 2005, allzoning district designations were changed; and the existing Fee Compendium does not incorporate the new zoning districts and associated filing fees. It was further advised that the proposed fee schedule incorporates all residential districts into one fee category and groups all overlay zones and special purpose districts into separate categories; all fees, with the exception of those fees associated with residential and overlay districts, are proposed to remain the same; overlay district filing fees have been raised to incorporate the new zoning overlay districts, however, the charge for acreage has been dropped; residential fees have been adjusted to reflect a common fee for both single family and multi- family filings; and fees are established in amounts to reflect generally the level of staff time to process applications, undertake analysis and compile staff reports. The City Planning .Commission recommended amendment of the Fee Compendium to reflect changes in the following fees: Rezoning to Residential Districts RA,R-12,R-7,R-s, R-3, RM-1 RM-2, RMF $600.00 + $25.00 per acre or any portion thereof Rezoning to Commercial Districts CN, CG, CLS $900.00 + $25.00 per acre or any portion thereof Rezoning to Industrial Districts 11,1-2 $900.00 + $25.00 per acre or Any portion thereof Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development $900.00 + $25.00 per acre or any portion thereof 186 Rezoning to Planned Unit Development Districts I MXPUD, Mixed PUD $1,000.00 + $25.00 per acre INPUD, Institutional PUD or any portion thereof IPUD, Industrial PUD Rezoning to Overlay Districts ~-1 , Historic Downtown ~-2, Neighborhood ~istoric ND, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign $250.00 Amendment to Proffered Conditions $500.00 Council Member Lea offered the following ordinance: (#37319-022106) AN ORDINANCE amending the Fee Compendium to reflect new zoning designations and associated fees; providing for an effective date; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 167.) Council Member Lea moved the adoption of Ordinance No.3 7319-022106. The motion was seconded by Council Member Cutler. I The Vice-Mayor inquired if there were persons present who would like to speak in connection with the abovereferenced amendment to the Fee Compendium. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37319-022106 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor Fi tz pat ri c k _________________hh____________n____m__________h__h___________n____________'______n_____m_______ 5 . Nt\'{S: None--_--------------------------------------------------------------------------------------------0. (Council Member Dowe and Mayor ~arris were absent.) CITY MARKET-ClT,{ PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease City-owned property located at 32 Market Square, S. W., to Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, to be used as a food I service establishment, for a term of three years, commencing March 1, 2006, was before the body. I I I 187 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, February 13, 2006. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building located at 32 Market Square; and the City of Roanoke began management of the Building on May 1,2005, after the former management company, Advantis Real Estate, terminated the management contract for the property. ' It was further advised that Juan E. Garcia, owner and operator of Paradiso Cuban Restaurant, has requested a lease agreement for approximately 190 square feet to operate a restaurant serving Cuban cuisine for a period of three years, beginning March 1, 2006 through February 28, 2009, and the proposed agreement establishes the following base rent: Period Per Square Monthly Rent Annual Rent Foot Amount Amount 3/1/06 - 8/31/06 $36.47 $577.44 $3,464.65 9/1/06 - 2/28/07 $28.00 $443.33 $ 2 ,660.00 3/1/07 - 2/29/08 $28.84 $456.63 $5479.60 3/1/08 - 2/28/09 $29.71 $470.33 $5,643.99 It was explained that the initial two six month periods of the proposed rent provides a transition from the lease rate in Mr. Garcia's previously expired lease to the new per square foot rent structure that has been identified in the Market Building for food court tenants; the Common Area Maintenance fee is $300.00 per month and will increase by three per cent upon each anniversary of the Lease; Paradiso Cuban Restaurant has been a tenant of the Market Building since November 1, 1995, and no renewal provision is included in the lease. The City Manager recommended that she be authorized to execute a lease agreement with Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet of space in the City Market Building, for a period of three years, beginning March 1, 2006 and ending on February 28, 2009, said lease documents to þe subject to approval as to form by the City Attorney. Council Member Cutler offered the following ordinance: (#37320-022106) AN ORDINANCE authorizing the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28,2009; authorizing the appropriate City officials to execute a lease agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 169.) 188 Council Member Cutler moved the adoption of Ordinance No. 37320- 022106. The motion was seconded Council Member Lea. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the lease agreement. There being none, he declared the public hearing closed. I There being no questions or comments by Council Members, Ordinance No. 37320-022106 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor F i tz pat ri c k _nn_nn_nn_n_nnn_____n___nn_____nn_nnn_nn_nn_mm___n_n_____nnnn___________m 5 . Nt\'(S: ~olle-----------------------------------------------------------------------------------------------0. (Council Member Dowe and Mayor ~arris were absent.) YMCA-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21 , 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to amend a lease agreement dated January 9, 2004, with the YMCA of Roanoke Valley, Inc., to include certain property located at the corner of 5th Street and Luck Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, February 13, 2006. I The City Manager submitted a communication advising that on December 24, 2002, Council entered into an Agreement with the YMCA of Roanoke Valley, Inc., to provide support for development and construction of a new ,(MCt\ facility in the West Church area of downtown Roanoke to accommodate an expanding number of YMCA programs and to replace the then current YMCA building located at the corner of Church Avenue and Fifth Street, S. W. It was further advised that on January 9, 2004, Council entered into a lease with the '(MCA of Roanoke Valley, Inc., to lease certain City properties to the YMCA; the lease provides that the City will lease to the YMCA Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and 1113413, lots located immediately north of the new YMCA building and currently being used by patrons of the YMCA; the lease provides that after the City receives from the YMCA three additional lots on which the old YMCA is located and most of the adjOining parking lot (Official Tax Nos. 1011206,1011209, and 1011210), the City will lease the lots to the YMCA as well; and the lease speCifically provides, however, that the lots will be leased to the YMCA only for the purpose of providing interim parking I for patrons ofthe YMCA until a new structured parking facility can be constructed and operational. I I I "1''''1 189 .~~ It was stated that since execution of the lease, the City has acquired the properties necessary to build the new parking garage on the corner of 5th Street and Luck Avenue, S. W.; the City is nearing acquisition of Official Tax Nos. 1011206, 1011209 and 1011210; the YMCA has approached the City to amend the parking lease dated January 9,2004, so that instead of the City leasing Official Tax Nos. 1011206, 1011209 and 1011210 to the YMCA, the City would lease Official Tax Nos. 1113512, 1113513, 1113514; 1113514 and 1113516 to the YMCA; and the alternative lots provide better access for patrons of the YMCA to the entrance off Luck Avenue. It was explained that the amendment will allow the City to market the former YMCA site with sufficient surface parking adjacent to the structure to enhànce the desirability of the site for development; annual revenue from the amended lease will be $26,270.00 per year for both the City lots on 5th Street and Luck Avenue and 5th Street and Church Avenue; the YMCA will assume complete responsibility, liability and expenses related to operation of all leased lots; and terms and conditions of the original lease are applicable to the additional property contained in the amended lease. The City Manager recommended that she be authorized to execute Amendment No.1 to the lease agreement dated January 9,2004, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., to be approved as to form by the City Attorney, for lease of the above referenced City properties for the purpose of providing interim parking to patrons of the YMCA until a new public parking structure is constructed and operational in the West Church Avenue corridor ofthe City. Council Member Cutler offered the following ordinance: (#37321-022106) AN ORDINANCE authorizing the City Manager to execute Amendment No.1 to the lease agreement dated January 9, 2004, between the YMCA of Roanoke Valley, Inc., and the Cityof Roanoke, for the lease of City-owned property identified as Official Tax Nos. 1113404, 1113409, 1113410, 1113411, 1113412, 111 341 3, 111 3512. 11135 13, 1113514, 1113515 and 1113516, upon certain terms and conditions; and dispensing with the second reading by title of th'is ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 170.) Council Member Cutler moved the adoption of Ordinance No. 37321- 022106. The motion was seconded by Council Member Lea. . The Vice-Mayor inquired if there were persons present who would like to speak in connection with the lease agreement. There being none, he declared the public hearing closed. 190 There being no questions or comments by Council Members, Ordinance No. 37321-022106 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor F i tz pat ri c k _nn_n_m_nn_n_nn_nn___nn_n_______n______n__n_n_nn_m_______nn_nnn_m____m_____ 5 . NI\'(S: NCllle-----------------------------------------------------------------------------------------------0. (Council Member Dowe and Mayor ~arris were absent.) OTHER BUSINESS: ARC~ITECTURAL REVIEW BOARD: A petition filed by Dawn S. Waters, appealing a decision of the Architectural Review Board, which was rendered on December 8,2005, that no Certificate of Appropriateness be issued with regard to property located at 377 Albemarle, S. W., for the replacement of windows, was before Council. . Mr. Derrico advised that his client was a tenant at the residence for several years prior to purchasing the property; she currently resides in the downstairs portion of the home and leases the upstairs portion for additiollal income; and due to deterioration, the original wooden windows of the house were replaced with thermo-paned vinyl windows. Mr. Derrico further advised that prior to replacing the windows, his client was notified by the contractor that replacement willdows would require a Certificate of Appropriateness by the City's Architectural ReviewBoard; because his client was of the opinion that the appearance of the house would not be altered, the windows were replaced; and on November 17, 2005, a "Stop Work" notice was posted at the residence. ~e further advised that his client filed an application for a Certificate of Appropriateness with the Architectural Review Board on December 8, 2005, however, the application was denied because the windows did not meet the City's ~istoric District-2 guidelines. Mr. Derrico presented photographs of the windows prior to installation and photographs of the work in progress, and noted that the replacement windows are energy efficient and do not appear to take away from the aesthetics of the community. ~e explained that the replacement windows represent 5.8 per cent of the value of the home, and if replaced with identical wood reproductions of the original windows, the cost would be between $6,000.00 to $12,000.00, or approximately 11.6 per cent of the value of the home. ~e explained that the reduction in size and window area is minimal and given the fact that the work is 80 to 90 per cellt complete, he requested that Council overrule the decision of the Architectural Review Board and approve the use of thermo-paned vinyl windows. I I I I I I ! ,>;': 1 91 Council Member McDaniel asked the following questions: While shopping for replacement windows, did the seller or manufacturer offer any advice about obtaining a permit or contacting City staff? Ms. Waters responded in the affirmative, but reiterated that she did not believe a permit was necessary. Were you aware of previous cases in your neighborhood where improvements were made without prior approval from the Architectural ReView Board? Ms. Waters responded in the affirmative, and stated that unlike her neighbors who changed the entire appearance of their home, she was replacing the windows only. . Did you ever receive a mailing notifying you of the ~istoric District-2 guidelines for maintaining a home in a historic district? Ms. Waters stated that she was aware of the requirements/guidelines for the ~istoric District. ' On behalf of his client, Mr. Derrico stated that the issues before Council should be whether the windows are compatible with the neighborhood, whether the windows are so noticeably different that they take away from the value of home and the architectural integrity of the neighborhood, and whether replacement windows are in compliance with City Code requirements. ~e added that the decision of the Architectural Review Board should have been based on whether the windows are, or are not, compatible with the neighborhood and not based on whether the appropriate procedure was followed. ~e urged that Council reverse the decision of the Architectural Review Board. Robert N. Richert, Vice-Chair, Architectural Review Board, advised that: · On November 17, 2005, a citizen advised staff that original wood windows were being replaced at 377 Albemarle Avenue, S. W., which is within the ~-2, Neighborhood Preservation District. The Agent to the Architectural Review Board (ARB) had a legal notice to "Stop Work" posted. Staff advised Ms. Waters that replacement of the windows required a Certificate of Appropriateness issued by the ARB. The manufacturer also required Ms. Waters to sign an agreement to contact the City of Roanoke to obtain the required permits.· · · 192 · Ms. Waters filed an application for a Certificate of Appropriateness, which was considered by the Architectural Review Board on December 8, 2005, at which time staff recommended denial as the request was not consistent with the ~-2 Guidelines because the replacement windows reduced the amount of window space and did not match the previous window size, shape and proportion. ARB members expressed concern about the design of the windows and stated that had the matter been brought to the Board before the work was done, the Board could have provided guidance. Ms. Waters thought the new windows would save money and that the new windows appeared the same as the original windows. During the ARB meeting, a representative of Old Southwest, Inc., the neighborhood civic organization, further stated that the application was not consistent with the guidelines and the window replacement was inappropriate. · · · Mr. Richert further advised that consideration by the Architectural Review Board included: Section 36.2-33l(c) of the Zoning Ordinance provides: "In the H-2 Overlay District, a Certificate of Appropriateness (see Section 36.2-530) shall be required for the erection of any new structure, the demolition, moving, reconstruction, alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2-s30(b)(4), or in-kind replacement with the same materials, proportions and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shalf determine whether an activity requires a Certificate of Appropriateness." (emphasis added). · The ~-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council state that windows are especially important in rehabilitations. Their size, shape, pattern, and architectural style not only provide architectural character, but also give a building much of its scale, rhythm, and detail. · The Guidelines provide the following considerations for windows on historic buildings: o Identify and keep the original materials and features of windows, such as size, shape, glazing, muntins and moldings. o Consider new replacement windows only when old replacements are unavailable. New replacements should be compatible in size and shape, design, and proportion. I I I I I I . "'<1 .:¡. 193 o Use storm windows to improve thermal efficiency of existing windows. . Staff reviewed similar window replacement cases since January 2003, and found eight applications were approved where replacement windows had the same dimensions as the originals; during the same period, three applications were denied because the replacement windows did not maintain the correct proportions; one denied application was appealed to City Council on May 20, 2004, whereby City Council upheld the ARB's decision to deny the application. Mr. Richert advised that the Architectural Review Board recommends that Council affirm its decision to deny the issuance of a Certificate of Appropriateness for replacement of wooden windows with thermal-paned vinyl windows at 377 Albemarle Avenue, S. W. Council Member Wishneff inquired if the issue is wood versus vinyl replacement windows; whereupon, Mr. Richert responded that the ARB considers the glass area in the completed window to be the same as, or similar to, the original window, geometry of the window is more important than materials since certain materials may no longer be available for an original window replacement, many buildings in Old Southwest have storm windows covering original windows to protect the original portion of the structure; and ARB staff has the expertise to assist property owners upon request. Council Member Wishneff inquired if measures could be taken to bring the windows into compliance with historic guidelines; whereupon, Mr. Richert stated that the issue pertains to the thickness of various parts of the window, mainly replacement of the upper and lower sash that provides more detail in separation of the facade of the window. Based upon evidence, testimony and documents, Council Member Cutler moved that Council affirm the decision of the City of Roanoke Architectural Review Board, which was rendered on December 8, 2005, that no Certificate of Appropriateness be. issued for the installation of replacement windows at 377 Albemarle Avenue, S. W., as set forth in the Petition of Appeal, on the grounds that the replacement windows are not consistent with the ~-2 Guidelines, will reduce the amount of window space, are not the appropriate proportion or design, and are not architecturally compatible with structures in the ~-2 ~istoric District. The motion was seconded by Council Member McDaniel and adopted by the following vote: 194 AYES: Council Members Lea, McDaniel, Wishneff, Cutler and Vice-Mayor F itz pat ri c k _n_nnn_m_____m_nn_nn_nn_m______n_nnnn____nn__n_____n___nn_nn_________nm____ 5 . NJ\'(S: Notle--------------------------------------------------------------------------"--------------------Cl. I (Council Member Dowe and Mayor Harris were absent.) ~EARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. CITY PROPERTY-ECONOMIC DEVELOPMENT-COUNTRYSIDE GOLF COURSE: Valerie Garner, Chair, Countryside Neighborhood Alliance, advised that residents living on and around Coutltryside Golf Course have been blessed to witness some of God's most natural creations and precious gifts n sunsets that take one's breath away, while giving one a perspective on life that no man's creation can match. She stated that it is true that this sunset provides no "tax base" for the City of Roanoke, but neither do the blue birds splashing in her bird bath and feeding their young in the adjacent house Iinitlg the fairway, or the downy woodpeckers living in the huge oak trees who trust her enough not to flyaway when she approaches. She further advised that at night, the area provides a haven away from City I lights and allows residents to see the moon and stars; and Countryside is not just a golf course to residents living in the Peters Creek North area, but the only open space that provides residents with the "quality of life" and recreational space that is lacking in the Peters Creek North community. She added that The ~otel Roanoke lists Countryside Golf Course as a Roanoke City amenity and shuttles visitors to the Roanoke Valley to the area to play golf, as do the Clarion, Wyndham, and other hotels near the Airport; and First Tee youth also use facilities at Countryside. Ms. Garner stated that the City of Roanoke has expressed dismay over the minimal lease dollars that it receives from Meadowbrook to manage the golf course; however, Countryside residents paid $39,3Cl4.ClO in real estate taxes and $15,543.00 in personal property, business license, meals and sales taxes, for a total of $54,847.00 for fiscal year 2ClOs; and the City will receive only $3 s,ClClCl.ClO for leasing the property to Meadowbrook for the 2006 golf season; the City will pay the Roanoke Regional Airport Commission $4,731.ClCl, annually, for leasing the Airport owned property; atld the City borrowed $3,97s,ClOO.ClO at 6.25 per cent interest to purchase the property. I I I I \.; '~p.,;;. 195 Ms. Garner raised questions with regard to the extension of time that was provided to Toll Brothers to submit plans for Countryside, pursuant to a Request for Proposal. She highlighted certain existing conditions from the 2002 Airport Study, and after it was discovered that the Airport "noise contour" study would alter available building possibilities, in July 2003, the Airport Study was modified per the Department of ~ousing and Neighborhood Services. Ms. Garner advised that according to the Lawrence Group study, the Virginia Department of Aviation, and the Federal Aviation Administration, a golf course is identified as one of the "compatible" land use options for property surrounding and at the end of an airport runway; and local government is the vehicle by which recommendations are supposed to be implemented using proper planning to protect the airport and citizens from improper land use, however, the City does not appear to care about the safety of citizens, or the traveling public. She called attention to a January 2003 letter to the City Manager from the Executive Director of the Roanoke Regional Airport Commission in which she referred to a conversation with FAA officials that the lease with the golf club, which expires in 2008, was approved because it was determined to be compatible with primary use of the land as an airport clear zone. She stated that an airport such as Roanoke's, which is comprised of fewer than 900 acres when the current desirable standard is closer to 2,000 acres, might be viewed as irresponsible ifthe airport released any of the acres that it owns, especially land dedicated to meeting safety needs of the traveling public. Ms. Garner explained that residents were told that failure to renew the lease was based on safety issues and non-compliance by golf course owners to maintain the leased property; however there is no document to substantiate that a non- compliance complaint was made to golf course owners; and the reason for non- renewal of the lease was that no lease could be located, therefore, owners of the golf course did not have a golf course, and the City's representatives on the Airport Commission should not enter into any negotiations to extend the lease beyond November 2008, which could jeopardize the City's potential to purchase the property for a higher and better use. Ms. Garner stated that on January 3, 2003, the City Manager advised the Executive Director of the Roanoke Regional Airport that the City of Roanoke was interested in obtaining the property, and requested that the Airport Commission not extend lease options in order to make the property available to the City. She stated that the Countryside Neighborhood Alliance extended an invitation to Efren Gonzales, Deputy Executive Director of Roanoke Regional Airport, and City staffto attend a meeting on January 10, 2006, the purpose of which was to discuss the Airport clear zone and to address protection of existing residences at the end of Runway 6, as well as those purchasing property in the future; and the already "agreed to" land swap between the City of Roanoke and the Airport Commission was not mentioned by any speaker during the meeting. 196 Ms.. Garner referred to a letter addressed to the City Manager from the Airport Executive Director dated August 2, 2003, as well as the response from the City Manager dated September 1 , 2003, advising that the arrangement was sealed, and the request was discussed with Council who was amenable to the transfer; and response to the Request for Proposal by Toll Brothers clearly indicates that the land swap was a "done deal." I In conclusion, Ms. Garner inquired as to why the Countryside property could not be left as a Municipal golf course for the enjoyment of all citizens of Roanoke. She advised that improvements to the golf course would enhance the quality of life of the surrounding community, the golf course is an attraction for residents living in the area, and to take away the golf course to construct as many homes as possible to increase the City's "tax base" will completely destroy the reason that residents chose to live in the area. She further advised that it is not too late for the City to do the right thing by the citizens of Roanoke, and especially citizens reSiding in the northwest community. In closing, Ms. Garner stated that the existence of the Countryside Neighborhood Alliance is based on: 'Taking pride in a diverse community dedicated to maintaining our quality of life and the natural beauty of our surroundings". She questioned what will happen to the quality of life of residents of the Countryside area and the natural beauty of their surroundings. With objection by Council, the Vice-Mayor requested that Ms. Garner forward I a copy of her questions to the City Clerk for transmittal to the City Manager. ARMORY/STADIUM-SC~OOLS: Mr. Phillip P. Wright, 1646 Center ~ill Drive, S. W., expressed concern with regard to comments made by a Member of Council that the City of Roanoke should honor the recommendation of the Stadium Study Committee and demolish Victory Stadium. ~e read the following excerpt from the May 2,2005, Council meeting in which a Member of Council stated that, "his vote would be based on his respect for the work of the Stadium Study Committee which was composed of a group of intelligent individuals who spent nine months on their assignment; Council must respect their recommendations and the City's Stadium Study Committee voted unanimously in support of a new stadium to be bounded by Franklin Road, Jefferson Street, Reserve Avenue and the Roanoke River." Mr. Wright pointed out that while Recommendation No. A 1 submitted by the Stadium Study Committee provided for the demolition of Victory Stadium, Recommendation A3 recommended construction of a new multi-purpose stadium with at least 15,000 seats and construction of day stadia at William Fleming and Patrick ~enry ~igh Schools, with no more than a 500 to 1,000 person seating capacity. ~e also referred to comments made by another Member of Council that I the Council should respect the recommendations of the Stadium Study Committee I I I -\,' .~~~"~¥ 197 whose members had invested nine months of their time to· the study, and although the Committee did not unanimously agree upon an athletic facility to be located along the Reserve Avenue corridor, the Committee reviewed construction of football stadia at each of the two high schools, which recommendation was voted down by a vote of five - two of the Council. SC~OOLS-ARMORY /STADIUM: Ms. Alice P. ~incker, 4024 South Lake Drive, S. W., advised that Virginia's Freedom of Information Act is based on the presumption that all government meetings are open and available to the public; Roanoke City School Board members have routinely conducted public business through the exchange of e-mails for the purpose of establishing dialogue, reaching consensus, or furthering discussion, which is a violation of the Freedom of Information Act; and e-mails circulated among School Board Members with regard to high school stadia constitute an improper electronic meeting. She read excerpts of certain comments made by some members of the School Board and legal staff via e-mail which constitute a violation of the Virginia Freedom of Information Act. The following persons also read portions of e-mails from School Board members and staff with regard to stadia at Patrick ~enry andWilliam Fleming ~igh. Schools: Ms. Margaret Keyser, 2701 Guilford Avenue, S. W. Mr. Alan Scanlan, 1631 Center ~ill Drive, S. W. Mr. Winfred Noell, 2743 Northview Drive, S. W. Mr. Flen Fleenor, 1738 Blair Road, S. W. CITY GOVERNMENT-COMPLAINTS: Ms. Suzanne Osborne, 1702 Blair Road, S. W., stated that it is apparent after reading the above referenced e-mailsthatthe School Board is not "on board" with the process leading to the construction of high school stadia. She stated that any citizen whocondones the actions of the current City Council and City administration should vote for those candidates who are endorsed by the Mayor and the Vice-Mayor, and if citizens do not support the current City Council, they should vote for. another slate of Council candidates. COUNTRYSIDE GOLF COURSE: Ms. Susan ~all, 2237 Ranch Road, N. W., a resident of Countryside Estates, spoke to the advantages of living close to Countryside Golf Course, such as green space and the wonders of nature; however, the City's purchase of Countryside Golf Course for the purpose of constructing homes and businesses will cause certain critical choices to be made. She advised that the first priority should be maintain Countryside as an 18-holegolf course, or as a municipal golf course, and the second priority should be a nine hole golf course using the back nine of the present golf course, while retaining green space where homes are currently located. Prior to taking any further action, she urged that Council call for a traffic study and also take into consideration the wishes of property owners who enjoy living in the area. 198 CITY GOVERNMENT: Mr. John C. Kepley, 2909 Morrison Street, S. E., inquired about the current City Council's legacy to the citizens of Roanoke and I how Members of Council will be remembered following their respective terms of office. He commented that some Members of Council will be remembered for their backroom politics which led to deception and hypocrisy, and advised that never in ~he history of the City of Roanoke has there been so much bitterness, anger, and wrath. ~e stated that Council does not listen to, nor care about the concerns, emotions and overall welfare of the citizens who elected them to office. COUNTRYSIDE GOLF COURSE: Ms. Virginia B. Stuart, 3774 Laurel Ridge Road, N. W., advised that she has resided in Countryside Estates for approximately 23 years and is an active member of the newly formed Countryside Neighborhood Alliance. She stated that the Countryside Golf Course has been purchased by the City of Roanoke for construction of upscale housing; residents of Countryside have constructed attractive new homes, while others have upgraded existing homes in order to increase the value of their property; therefore, it is hoped that the City of Roanoke will value the input of residents with regard to any future development. As a long time resident of the Laurel Ridge Road area, she called attention to changes in the neighborhood, such as newly constructed homes on Laurel Ridge Road, an increase in traffic by vehicles traveling through the community to reach other destinations, and an increase in the number of children residing on Laurel Ridge Road who enjoy sleigh riding, bicycling, etc. She emphasized that the Countryside Neighborhood Alliance looks forward to providing input with regard I to decisions pertaining to their community. CITY PROPERTY-ARMORY/STADIUM: Mr. John Graybill, 2443 Tillett Road, S. W., advised that Victory Stadium was dedicated to the memory of Roanoke Valley veterans of World War II, however, because of negligence by the City, the Stadium has been allowed to deteriorate to its current state of disrepair. ~e further advised that some Members of Council have expressed concern with regard to Roanoke's students having to play football at other athletic venues, which could have been avoided if Victory Stadium had been properly maintained by the City. ARMORY /STADIUM-SC~OOLS-COUNTRYSIDE GOLF COURSE: Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed concern with regard to action by Council to construct an athletic field at Patrick ~enry ~igh School, and acquisition by the City of Countryside Golf Course to construct upscale housing. ~e stated that the City of Roanoke is inconsiderate of patrons attending events at the Roanoke Civic Center inasmuch as there is a lack of parking spaces due to ongoing construction at the Civic Center. ~e expressed concern with regard to an increase in traffic at Valley View Mall due to incompletion of the off-ramp at 1-581 leading to Valley View Boulevard. I I I I :·,c· ':"·f(;}i 199 COUNTRYSIDE GOLF COURSE-ARMORY/STADIUM: Mr. Michael ~iggins, 2267 Countryside Road, N. W., advised that his family moved to the Countryside area because of its natural beauty, and expressed concern with regard to the proposed construction by the City of upscale housing in the area. ~e stated that Victory Stadium should be renovated for the enjoyment of all citizens of Roanoke. COUNTRYSIDE GOLF COURSE: Ms. Sarah ~iggins, 2267 Countryside Road, N. W., spoke to the beauty of the Countryside area, and called attention to other available open space in the northwest section of Roanoke that could be developed for housing by the City. She stated that Countryside should continue to be used as a municipal golf course, indefinitely, and suggested that residents of the area be included in future planning by the City. COMPLAINTS: Mr. Robert E. Gravely, 727 29th Street, N. W., expressed concern with regard to the overall condition of the City of Roanoke, the construction of a $4.5 million Art Museum in downtown Roanoke, deteriorating vacant buildings for lease in the downtown area, Valley Metro buses that block traffic at Campbell Court during rush hour traffic, construction of upscale housing in the inner-city that the average citizen cannot afford to purchase, and the high cost of health and dental benefits for City employees. ~e called for a Federal investigation of actions taken by the Roanoke City Council and the City administration, the Roanoke Redevelopment and ~ousing Authority, and the Roanoke City School Board. COUNTRYSIDE GOLF COURSE: Mr. Daniel M. ~ale,Jr., 4425 Oleva Street, N. W" President, Miller Court, expressed appreciation for actions taken by the City to provide better living conditions for Roanoke's senior citizens. ~e stated that the Countryside area adjoins Miller Court, and advised that Miller Court and the Countryside Neighborhood Alliance encourage the City to continue to operate Countryside as a municipal golf course. ~e stated that all major cities throughout the Commonwealth of Virginia and the United States have municipal golf courses. At 9:40 p.m., the Vice-Mayor declared the meeting in recess to be reconvened on Friday, March 3, 2006, at 8:30 a. m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for the Council's Annual Financial Planning Session. The Tuesday, February 21, 2006, meeting of the Roanoke City Council reconvened on Friday, March 3, 2006, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for the Council's annual Financial Planning Session, with Mayor C. Nelson ~arris presiding. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M, Rupert Cutler, Alfred T. Dowe, Jr., and Mayor C. Nelson ~arris---n6. ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.---n---n-------n---------n_mn___1 . 200 OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; Mary F. Parker, City I Clerk; Ann ~. Shawver, Deputy Director of Finance; Sherman L. Stovall, Director, Office of Management and Budget; and Susan S. Lower, Director, Real Estate Valuation. The Mayor advised that prior to engaging in the City's fiscal year budget study, the Council holds a Financial Planning Session each year which allows City staff to review basic information and financial projections; whereupon, he called on the City Manager and the Director of Finance for opening remarks. . The City Manager expressed appreciation to the Members of Council for taking time out of their busy schedules to conduct the annual Financial Planning Session. She stated that City staff devotes considerable time and effort to prepare the presentation; however, while staff sets the stage and provides the perimeters within which the City operates in terms of revenues and certain fixed expenses, the meeting is an important time for staff to hear comments by Council, as the City's elected officials, as to priorities that should be emphasized in the upcoming budget. She added that over the last two years, improvements have been made in the community that will, over time, help the City to continue to grow revenues; and the General Assembly is in the midst of the final week of a process that will "tweak" some of the revenues that will be discussed today. She called attention to positive signs with regard to the City's revenues for the future: for example, the number of downtown living units that are currently under design and/or construction, the City Market study which will soon be submitted in its final version that suggests a number of improvements, and other new housing construction currently taking place in the City. She advised that much of the City's local revenue, such as sales tax, meals tax, and hotel lodging taxes have increased, all of which are a part of the plan that has been in place for several years. She stated that there is no more significant activity for an elected body than the adoption of a budget, which is the blueprint for how the City will operate over the next year and in some instances over the next several years; therefore, she encouraged the Council to ask questions throughout the meeting because the process is a critical building block to the ultimate culmination in a budget tha.t will be presented to the Council on April 17, 2006, for adoption in mid May. The Director of Finance advised that most of the decisions made by Council have a certain element of financial impact; therefore, he stressed the importance of understanding the City's financial picture and future planning processes. I I I I I .¡ > ;¡". 'j~l, 201 Agenda · FY 2006-07 Bud2et Development · Revenue-Outlook and Trends · Revenue Specific Foeus ~ Real Estate Tax ~ Personal Propert)' ·Tax Relief. -- Machinery and Tools - Telecommunications Tax · Expenditures - Priority Expenditure List · Expenditures - Specific Focus __ Employee Compensation and Benefits __ Other Post Employment Benefits . 2 . I Agenda · Review Capital Proiects Look to the Future - 1~lanned Bond Issmuu,:e - Existing Projects Requil-ing Additional Funding ~' Po.tential Ne'w Pro,jeets · Review Debt for Capital Proiects · Current and Futnre Debt Service · Review Debt Capacity · FY 2005-06 Budget Balancing Status · Current Gap · Options for Closing Gap 3 Sherman M. Stovall, Director, Office of Management and Budget, reviewed the above referenced agenda. Ann ~. Shawver, Deputy Director of Finance, advised that the budget process begins with the City's revenue estimates; and discussion would include overall revenues, growth revenues for fiscal year 2007, and real estate and the real estate process. 202 Fiscal Year 2005 I General Fund Revenues ChargesbServi:es " RealEsIall' 16~ CommOllweahh 25' Per>onalPrq:oerly 1~ El Real Estate fliIUtiJilY II Commonweallh . Personal Property II BPOL G Charges for Services . Sale~ . Food/Beverage . . Other She advised that the City's real estate tax makes up approximately one quarter of total General Fund revenues, as do revenues from the Commonwealth of Virginia, which are at about 25 per cent; and key local taxes for the City of Roanoke are depicted on the above referenced chart. Projected Revenue Growth - FY 2007 Revenue Estimates I Category $ Growth 0/0 Growth Real Estate Tax $6,014,000 9.3% Personal Property Tax 2,175.000 9.3% Sales Tax 1,325,000 6.9% Business License Tax 695.000 6.0% Prepared Food Tax 428,000 4.2% Transient Lodging Tax 277.000 12.30/0 Other Local Taxes (467,000) (1.7%) Intergovernmental 5.683,000 11.4% Charges for Services (327,000) (2:9%)· Other Revenues 54 000 1.5% Total $15,857,000 7.1% Growth in FY 2007 Recommended Revenue estimate as compared LO FY 2006 Adopted Estimate. 6 The above information depicts current expected revenue growth based on the City's current estimate for fiscal year 2007; a total of approximately $15.9 million represents the dollars of growth between the fiscal year 2006 adopted budget and the fiscal year 2007 revenue estimates as currently charted. The City's total growth is at 7.1 per cent; total revenue estimate at this point for fiscal year 2007 is approximately $240 million; the key to the overall growth at 7.1 per cent I can be seen in the real estate category; real estate is expected to grow approximately nine per cent next year, which includes the current year, as well as delinquent collections in the districts for downtown and the Williamson Road area. Six million dollars will be shared on roughly a one-third and two-thirds basis I I I '~:Ù'~ f.''''r.r~ 203 between Roanoke City Public Schools and the City of Roanoke. Personal Property Tax is expected to generate additional revenues based on today's estimate of about $2.2 million going into fiscal year 2007, or 9.3 per cent. Personal property tax is due on May 31 ", personal property is the City's most difficult tax in terms of where the City is now in the fiscal year, because the City begins with a revenue estimate as early as December, and monitors performance of the tax by working with the Commissioner of the Revenue's Office through the May process to refine the estimate. The current estimate for personal property tax is predicated on performance that was actually achieved in fiscal year 2005, which was a strong performing year, with about ten per cent growth over the prior year, and it has been assumed that the tax will grow based on long term performance over a five- ten year tax period; growth would provide the City with a typical growth of about two per cent every year, thus the $2.2 million, or 9.3 per cent growth. In working with the Commissioner of the Revenue's Office, certain peer localities around the state use National Automobile Dealers Association (NADA) values; it appears that the personal property tax will most likely have to be adjusted downward; and there· is a two to two and one half per cent decline in the vehicular side of the tax, which is a significant portion of the tax. Based on discussions with officials of Roanoke County, the County is experiencing similar circumstances, and staff works diligently to obtain additional information to perform analytical. reviews as appropriate, and sometimes it is necessary to modify those types of estimates. . Approximately 36 per cent goes to Roanoke City Public Schools based on the current funding formula. Sales tax is a significant revenue to the City of Roanoke; the current year is performing well in light of the estimate, growth is moving along at 31/2 to 4 per cent compared to the prior year; and growth projections for next year expect continued growth at about three per centwhich will bring an additional $1.3· million to the City's revenue estimates. Intergovernmental will provide about $5.7 million in new revenues next year, or· 11.4 per cent, which is a significant percentage growth. There has been a recalculation of the formula for fiscal year 2007 for ~ouse Bill 599, Local Law Enforcement funding, and currently the City of Roanoke stands to significantly benefit with additional revenue of about $1.6 million in 2007, however, the formula takes into consideration certain crime statistics and welfare-type statistics that are not the type of indicators that the City would like; approximately one half million dollars in additional s.treet maintenance funds are anticipated for next year; the social services category is projected to grow significantly, or about $3.7 million, however, there is a local match on the expenditure side toward costs that continue to grow. The City has seen good growth on current year revenues, the prepared food tax has seen a revenue growth of four to five per cent over the last several years; and the business license tax performed well last year with a growth of about four per cent. The City Manager advised that an important point to recap with regard to Intergovernmental is that out of the $5.6 million, approximately $4.3 million is termed non-discretionary, or represents money that the City is required to spend on street maintenance or social service programs, or funds that are already 204 committed. Therefore, she stated that when talking about discretionary versus non-discretionary activity, the figure looks good initially, but when one realizes I that the funds are already obligated to certain programs, some of the euphoria disappears. Council Member Dowe inquired as to how the 36 per cent funding formula between the City and the School system was derived. The City Manager advised that the funding formula was developed many years ago based on local revenue growth, excluding any growth in non- discretionary items. She stated thatcertain other localities have funding formulas that were drafted specifically for their locality; the genesisofthe City's 36 per cent funding formula is not known, however, it is believed that it is time to reevaluate the funding formula, particularly in light of the fact that it does not take into account the City's obligations and commitments on debt service, but is based strictly on the operating side of the budget; and as the City has funded some very significant school improvements and will continue to do so over the next six years, City staff believes that debt commitment should be taken into consideration, however, staff is not prepared at this point to propose a new funding formula. She called attention to preliminary discussions with school counterparts who have been receptive in acknowledging that the City has made a significant investment, not only on the operating side of the budget, but with regard to debt service. Council Member Lea inquired about reasons for the decline in personal property revenues. I The Director of Finance advised that beginning eight or nine years ago, personal property taxes started to decline each year, and business personal property is also included in the personal property tax base along with the machinery and tools tax. ~e stated that the National Automotive Dealers Association (NADA) provides a service to localities in the way of an automated assessment on car values which is used by Commissioner of the Revenue; with the trend in recent years of heavy discounts on new automobiles, the value of used cars went down and approximately three years ago NADA adjusted new car values; and the adjustment downward in used car values had a negative impact on personal property tax. ~e stated that working with the Commissioner of the Revenue, the City emphasized the importance of matching up the City's assessment of vehicles on file with Division of Motor Vehicles files on a regular basis, which yielded a ten per cent growth in the City's personal property tax in fiscal year 2005; figures for personal property tax for fiscal year 2006 have not been received, revenue estimates are being developed, and. staff is basing its judgment on fiscal year 2005 trends and is now at the point in the fiscal year where details are available in the database to begin to make an analysis based on facts, ratherthan judgment from previous years growth; and there appears to be another decline. I I I I I'" ' \';;%..1'(' 205 The City Manager advised that currently the General Assembly is looking at the definition of machinery and tools and trying to make adjustments for what is referred to as idle machinery. She explained that currently localities receive a certain value on machinery and tools, whether or not the equipment is in use, and it is possible that the City could be impacted even further in the personal property category if the General Assembly changes the defi,nition.. Council Member Cutler inquired if Federal funds are received under the Intergovernmental category; whereupon, Ms. Shawver advised that approximately $40,000.00 represents Federal funds. Council Member Cutler advised that almost all Federal money comes through the State; therefore, why do Other Local Taxes and Charges for Services show that a percentage of the dollar growth is in decline? Ms. Shawver. explained that the Other Local Tax category includes such items as the admissions tax, the bank stock tax and a variety of small or local taxes, but the majority of the decrease is in the public service corporation category which is imposed on public utilities through the State Corporation Commission, and the City's trends basically represent a decline from fiscal year 2006 to 2007. She stated that the category seems to fluxuate upward and downward from year to year; it can fluxuate downward based on the valuation of real property and personal property; real property tends to continue moving upward, personal property can sometimes fluxuate downward based on the valuation and the age of items that are held by those types of businesses; it can also be impacted from year to year by the timing of assessments in the spring for personal property and corrections that might result in the following year; therefore, it is a revenue where erratic growth and decline can be seen in the categories that are declining, the largest of which is in the social services area, and relates to a decline in what the City receives from the citizen payor private pay component. She added that a decline is expected in public safety and recreational programs for the fiscal year 2007 budget compared to the fiscal year 2006 budget. Council Member Dowe inquired about funding for future recommendations of the City's Domestic Violence Task Force.' The City Manager advised that there are certain significant challenges to the City of Roanoke, notthe least of which is the disadvantaged population; and when comparing Roanoke to the other 15 member localities of Virginia First Cities, which are in the category of older and oftentimes distressed communities, Roanoke generally ranks about fifth in population in expenditures in the various categories, with the exception of the Comprehensive Services Act for Children which puts the City of Roanoke in third place. She stated that Roanoke has extraordinary expenses when it comes to dealing with the special needs population of young people, and many of those young people in the past have been warehoused, or sent outside the region, or outside the State, to expensive treatment facilities that have not always benefited the child and the family, and 206 there are other concerns if problems in the family to which the child must eventually return are not addressed. Additionally, she stated that there are a large I number of children who are turned over to the City by their parents on a voluntary basis, and the courts willingly offer the custody of the children to social services; there is a need to have different programs in the community to keep these children in their home community that could, over time, be less expensive; currently, the City is spending unbelievable amounts of money on a very large foster care population, and the City is responsible for those young people once they are placed into custody until they reach the age of 18, unless the City is able to return the child to the family. She advised that study groups have been appointed in recent months to address the issue, there are specific examples in recent months where people have tried to bring or to keep children in the home community that often times involve the school system which sometimes initiates the need for a child to be placed outside of the community due to the special education needs, and the City is working with the school system to identify the responsibility of the schools for the financial component. She explained that this is an area that will cost more money in the future until the right programs are in place, and over time there should be a reduction in expenditures, with more children remaining in their own homes. She stated that this is one area that is in great need of some additional resources, and at the March 20 meeting, Council will be requested to appropriate additional State money for the Comprehensive Services Act. $70.0 $6$.0 -;- $60.0 .g $SS.O S!! $500 '" . Ii $4S.0 f $40.0 a:: $35.0 $30.0 $2!i.O I Real Estate Tax The City's largcsl source of_revenue n'Oll FYOl FYO:Z .~13 I"'rfN f-'Yœ'ó F~ 1''Y07 1.-¡...,..IV....r Avc::ru.gcgTQwth: 2yr_7.6%.5yr_6.0%.IOyr_5.0% SQ~.;_ FYOO 0_ FY05 - C,()rnprcllen_~jvc Annual Financinl R~"I')OJ"1 FY06 _ FYO? - AdoptedlRcconuncndcd EstÎnUllc . 7 Ms. Shaw\.ter advised that the real estate tax is the largest revenue source for the City of Roanoke, and is a tax that has seen a fair amount of growth in recent years. The abovereferenced chart is a graph of real estate tax actual revenue through fiscal year 2005, the current revenue estimate in fiscal year 2006 and the estimate that will be submitted to Council for adoption based on the current tax I rate and the assessment that the Director of Real Estate Valuation has prepared I I I 207 for fiscal year 2007. There is a nine per cent growth in the current fiscal year; last year the City's financial records were closed with about 8 y" per cent growth; and there is an upward trend in recent years with the tax. According to a recent newspaper article, home prices in the fourth quarter of calendar year 2005 are about 1 3 per cent higher than in the fourth quarter of 2004. Trends in Real Estate Assessments .... B'" 7... ..5 Percentage .5.5 GrlnVl.h 4.5 3-S 2.~ ..s 0.5 FV94 FY96 ~1 1,'''98 FYOO "'V02 FY04 "~V06 Ie RellMC!'l8.nent .. New Construçtlo.. f Ave growth: 2 y.- _ 8.6%. Syr-'7.5%. 10 yr - 6.0% Source: Real Estate'Valuation . The above chart breaks down assessment activity between reassessments and new construction, and reassessment is where a change has been seen in a ten year history of assessment activity in recent years; the City'sreassessments have been in the six, seven and eight per cent range, whereas in years past, reassessment was more like two or two and one-half per cent, and the strong increase in value during the last couple of years contributes to the higher growth that has been seen in the last few years. The real variability tends to be in new assessment, with regard to slides 7 and 8, the average growth will look somewhat different because reassessment data uses averages through 2007, whereas on the real estate slide, averages are through fiscal year 2005 which is the most recently completed year. - Real Estate Growth · Value of 1 cent real estate in FY07 - $567,000 - City's share: $360.500 - Schools' share: $206.500 · New revenue in'FY07 based on 9% increase in assessments - $5.6 million · New revenue which- would be achieved from typical increases: - Based onl 0 year average growth (50/0) - $3.1 million - Based on 5 year average growth (6%) - $3.8nliIlion . 208 Ms. Shawver advised that Council has requested the City administration to examine a budget for fiscal year 2007 that would consider a reduction in real estate taxes; in today's assessed market, one penny of real estate tax equals $567,000.00, or approximately $361,000.00 for the City and approximately $207,000.00 for the schools based on the funding formula previously discussed. New revenue to fiscal year 2007 based on the expected increase is $5.6 million, and new revenue on a ten year average growth, which averages about five per cent, is $3.1 million, and six per cent would average $3.8 million, so there is roughly a $2-2 Y, million impact in actual revenue on new revenue to the City and the School budget based on the current type of growth versus that which is more representative of what should be expected over the long term. I Real Estate Assessments · Code of'Virginia - Requires that all 'real property be assessed tor tuxation at 100% or naarke. v,plue. · City Code Roanoke a-c¡,sesses real property on an annut.\! basis. - Roanoke notifies prope,rty o",^,oers each January of assessed valuc$. This nOl.ificution establishes asseSSlnents for the tax payments due October 51h of t.hat yc:¡u· and April 51h of the next year. · IVIarket Value - Market value is defined as the ømount a typical, 'Nell-informed pUTchasel" vvoUld be ""'illing to pay for a property. '" I Susan S. Lower, Director, Real Estate Valuation, advised that a general reassessment of property is authorized by State Code; the Director of Real Estate Valuation is required to appraise all property in the City at 100 per cent of market value; annual assessments are performed in the City of Roanoke, citizens are notified each January, and bills are due on October 5th and AprilS'" of each year. Market value is defined as the amount of money that a well-informed purchaser would be willing to pay for a piece of property; and approximately 4,000 sales took place in the City of Roanoke this year. The Assessment Process · Assessment. notices ~ailed .January3rd · Deadline for appeals February 1" _. In 2006. 1,862 contacts were made by citizens (.:alling or visiting Real E...."'tate Vnluallon _ 331. of these nled formal appeals: the remaining were resolved-through discussions with staff __ In 2005, 1,542 contacts were Inadc Þy citizens Hnd 419 appeals were.filed · Board oC Equalization - Board nlcmbersaTe appointed by the Circuit Court - Meetings convene in Spring 10 anal)'zc property values I " I I I :flli:~, 209 Ms. Lower advised that in January of each year, citizens of Roanoke receive their annual real property assessment; during the month of January, staff responds to inquires by citizens with regard to their annual assessment; in 2006, 1,862 persons contacted the Office of Real Estate Valuation either by telephone, walk-in, on-line, e-mail, etc, and of the 1,800 people, only 331 persons filed a formal appeal with the Board of Equalization prior to the April 5th deadline. Roanoke Board of Equalization Results · In 2005~ the Board of Equalization heard 99 appeals: - -63 assessments """ere upheld - 34 assessments were decreased -2 asseSSlnents were increased · The HOE-changes reduced the value of the properties included within their reviev.r by Jess than 2%. ê...-~'~";;~;':;'¡-¡:!;__._:¡J " Ms. Lower advised that in 2005, the Board of Equalization received 99 appeals, 63 of which were upheld and the key point is that with 99 appeals, decisions of the Board of Equalization changed less than two per cent. Sales Ratio · Tbe ratio of an appraisal or assessed value to the sale price or adjusted sale price of a property. » ASse;Ssrnent= $1.40,000 »Baie Price = $150,000 » Sales Ratio = ~39ó ($140,0001 $150.000 =-.93) " Ms. Lower advised that sales ratio is defined by the assessment value divided by the sale price; and the sales ratio is an indicator of the percentage of market value for which the property is actually assessed. 210 Roanoke's Sales Ratio as Measured by the Department of Taxation I -- -- ~.~ -~ æ.~ 66.~ _.~ e2.~ 60.00<l<> 78.000>'>- 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 ~led Sale~ Tax ~ Sourèe: V¡rgil1¡" Depanmen. of Ta><nhon. 14 . Ms. Lower advised that the above chart shows a history of Roanoke for the past ten years and in stable times, the City's ratios tend to be stable as well. The Director of Finance advised that every locality is required to submit specific data and the State Department of Taxation computes the locality's sales. Ms. Lower advised that the sales ratio is tied to the school funding distribution formula and all properties of public service corporations are appraised by the State Corporation Commission which is tied to the sales ratio as well. Mr. ~all clarified that public service companies include railroad, except railroad property, electric, gas and telecommunications companies that are assessed by the State Corporation Commission, and the Department of Taxation assesses railroad properties; and once the City receives the assessed value, the City must apply its sales ratios to the assessed value to deterrninetaxation value; therefore, the sales ratio is extremely important to the school funding formula as to how much money the City will receive from the State in. school funds. I Department of Taxation 2004 Assessment to Sales Ratio Results Roanoke County Assesl<:rnenl lo-Sules Ratio-was 88% Snleln ,As!>es.l'\ment to Sale.<¡ Ratio 'Was 78<;f¡. " I I I I .. . , '~' '. ;,\~; ~ i:. ,,' ," . >;: \..~ I ·í#:l¡...·~ 211 Ms. Lower advised that the above chart gives a picture of how Roanoke compares with other localities around the Commonwealth of Virginia; and Tidewater localities are experiencing low sales due to an active market. Reassessment Increases In Virginia Locõltit)' RC¡IS~'SSlncnt, <if C)'(:k Ene...· ivC' Dmc R(l.m<lkc· X.U~A AnnU~11 Jul)' L 2oot> tProjc\:"tc(, ) HanlphlO 20.6f¡f Annual July 1.2005 LYl11,:hhurg 5.M·;f· Bicnnhll July I " 2{K)5 ;"¡cwJlon NC'ws 14.23';; AnnuOll July I. 2005 Nurf";lk 20.0<ìf AnnUll1 Juty 1.20()6 U,...ojc...·ICO) PClnSlll(luth ClAW,," Annual July'. 2( ()5 Ril.:hnllttlÚ 13.50·ìf Annual Jut)" I. 2fXl5 .. L)'nchÞurJ;tca""...""..." Þícnniull,r. Ih..·....·rc.n.. nnllounl is udJu"h.-c.1 IU I\:O..."1unmlalì;;<:..-..J has¡...., NUlle:' Rcmnuk..:C"uunt)' prujo."1,;I!>o an,¡lIlnual ¡."...reaM: ul"lU)I';I, crf..~lin:' July 1_ 2006. S.dclllim:rcaM..u h)' ~L7'k as ul' Jul)' 1.20llS. Their lca"""''''Mll1..''fl1 "')"1.: ¡.. hk'1m;",!. lh Ms. Lower advised that Roanoke's reassessment percentage is at 8.11; Roanoke is a growing community and is no different than any other city throughout the Commonwealth of Virginia with increases in reassessment, which is a good indication that the City's neighborhoods and businesses are strong and growing. The City Manager advised that the price of the average home in the Tidewater area, according to a recent newspaper article, is $290,000.00; the average assessment in Roanoke is approximately $110,000.00 which is up over the last several years; and the average price of a home in the Roanoke region is between $165,000.00 and $170,000.00 In summary, the Director of Finance advised that Council Members receive numerous comments with regard to the amount of increase in property reassessments, and the purpose of the discussion was to point out that there are guidelines that dictate how reassessments are conducted in the City and the process for independent review. With regard to the School funding formula, Council Member Wishneff requested that the City Manager provide information on the percentage offunding if debt service is included. The City Manager advised that a later slide will show the amount of funds that the City provides toward school debt, as well as the amount of funds that the School system allocates toward debt service; and to this point a percentage has not been applied, but could be calculated by City staff. 212 Council Member Wishneff requested a breakdown by neighborhood or by census tract of real estate reassessment increases. I Real Estate Tax - After Reassessment Bascchm current lln~r3gca~..t.'1ised ,:'nJue of Sl~W~%9 nnd Ütlueof $IJR.8S1 àftt!:rr(:'as~srncntror8 shlgle nmúJy home. Tax' Tax (Reassessed Value) (Current Válue) Change Current Tax Rate $1,439 $1,331 . $108 Reduction,of$.Ol, $1,426 $1,331 $95 Change $13 " . The Director of Finance advised that as the City Manager previously stated, the average value of a single family home in Roanoke is about $110,000.00; when calculating the increase in the real estate tax created by the reassessment increase, or the 8.11 per cent reassessment increase that will be effective next year, a $110,000.00 homeowner will pay an additional $108.00 due to their property reassessment increase; and if the real estate tax is reduced by one penny, that same homeowner would pay an additional $95.00 in taxes, or a difference of $13.00. I Value of Tax Relief Value. of Relief Program Value-of Relief- Per:Property Elderly Tax Fre~ze $526,410 $329 Disabled Tax "~reeze 120,168 $279 Agricultural Tax "~reezc 52,797 $3,771 Rehabilitation Tax Ji'reeze 578,318 $2,360 Total Relief $1,277,693 '8 I I I I .r.-¡~,,¡'. 213 Elderly and Disabled Tax Relief Program Income Net Worth I':'imit 'Limit State Code $50.000 ' $200,000 .Roanoke $30,000 $lOO~OOO 'Hampton $30,000 $]00;000 Lynchburg $30,000 $60~OOO Newport News $S()~OC)() $200,000 Norfolk $50,000 $200,000 Portsmouth $19,000 $64,200 Richmond $40,000' $100,000 City of Roanoke Median House.hold Income - $3l.45] .. The Director of Finance adVised that the City has initiated a number of tax relief programs for Roanoke's citizens, one of which is the Elderly and Disabled Tax Relief Program; the elderly tax freeze is at about $526,000.00 and relief per property is about $330.00. Another program is the agricultural tax freeze and the list of properties has declined over the yèars due to development in the City; and the Rehab Tax Freeze Program which involves a tax abatement on the value of property improvements. Council Member Cutler inquired if tax relief is provided for programs such as Cradle to Cradle houses or energy conservation/environment projects. The City Manager advised that Senator John S. Edwards was successful, for the second year in a row, with regard to passage of a Constitutional amendment that will be included on the November ballot to allow communities like Roanoke to offer, at their choice, tax relief for new construction. She further advised that the request of Council to look at energy effiCiency as an issue was taken to the General Assembly, but was not submitted in the form of a bill, and has now been forwarded to the Department of Housing and Community Development for review of the types of options the State should offer in the future; and if the Constitutional amendment is passed, it is possible if the City were to locate a piece of property on which it wanted to construct a Cradle to Cradle home, taxes could be abated. She called attention to Miller Court which is under renovation by the Roanoke Redevelopment and Housing Authority in the 400 block of Day Avenue, S. W., where a combination of the City's tax abatement program, tax credits, and low interest mortgage rates were used to break down a significant portion of the mortgage in order to make the home more affordable to a certain category of persons or income level. 214 Mr. ~all advised that it has been three - four years since income limits were I adjusted for persons who qualify under the Elderly and Disabled Tax Freeze Program; the median household income for Roanoke is about $31 ,500.00 and the matter has been referred to fiscal year 2007 budget study for review and recommendation. ~e stated that Roanoke is below the State average and the national average. Council Member Wishneff inquired as to the number of elderly citizens who have a larger household income than $30,000.00 and a net worth greater than $100,000.00. The City Manager stated that the numbers could be obtained from the Commissioner of the Revenue. ~owever, she pointed out that there are many people who are actively working, who have families, who may have more expenses than some retirees and are living on $31,000.00 per year or less, therefore, it is a challenge to determine what should be the income limit for a person who is retired or disabled, versus the income of an active person in the work environment. In terms of household net worth, she stated that there are no available statistics from the Weldon Cooper Institute on household net worths, and the issue could be addressed by the Commissioner of the Revenue in terms of the number of people who have been denied the benefit because their net worth exceeded $100,000.00. Council Member Wishneff requested information on the impact to the fiscal I year 2007 budget if the income limit is increased to $ 50,000.00 and net worth is increased to $200,000.00; whereupon, the City Manager advised that the information could be provided if certain assumptions are allowed to be made by staff. Personal Property Tax The Cily's,secoòd largesl lax 'i"a.oo R~ !i ~ 1..00 ;f!.l".oo 2:14.00 ,~ ..- ,.... ¡rilloC.I~"'.!' ¡.....__I'""_.)'T....I Averagegrowth: 2yr-3~8%,5yr- 1.5%, 10 )T-3.7% ~ FYOO- FYOS . Comprehensive AnnualFinancÎal Repon FY06- FY07 - AdoptedlRccommen<k..-d Estimale 20 I I I I ~ , . \.' ¡ ~,\ifi'}1 215 Ms. Shawver discussed the personal property tax which is the City's second largest tax, and sales tax as well as certain legislative initiatives that are currently under consideration by the General Assembly. Personal property is a tax where there has been either a flat growth or some declines in prior years; in 2002, the tax dropped about one per cent, it dropped another one per cent in 2003, it dropped two and one-half per cent in 2004, and in 2005, the. tax dropped by almost ten per cent. The fiscal year 2006 adopted estimate was actually lower than the revenue the City achieved in 2005; there should not be any problem in meeting the 2006 estimate and now that newer data is available, the fiscal year 2007 estimate will be revised downward to almost the same level as fiscal year 2005. Revisions to the Personal Property Tax Relief Act (PPTRA) . · Caps PPTRAreimbursCJIlcnt at$950M for tax years 2006 and beyond (proposal.to increase to $IB) · Localities were informed this week of their share of this lolal- Roanoke's share - $8.076.000. · Council adopted an ordinance to allocate relief to Roanoke taxpayers· using the Specific (percentage) ReHef MedJod - similar to.luethod currently 'in use -Vehicles valued aland under $1 .(){X) continuelo be fully exempt · Responsibility shifts' to localities to ensure percentagc'is correctly computed to ensure revenue neutrality upon ,cap of State funding - Smffcun-ently working on growth trends wdetermincappropriare percentage to use an 2006 tax bills · Reduction In cash flow during summer months based On changes in l'einlburseInent schedule - Impact~to Roanoke is I()s~ of interesLim;::ome of $45,000 20 Ms, Shawver advised that the Personal Property Tax Relief Act (PPTRA) was originally enacted in the late 1990's, with the intent of the General Assembly to fully phase out the tax for individuals owning vehicles valued at $20,000.00 or less, that did not happen and the most recent changes in the Act will be reviewed; Council adopted an ordinance last year with regard to how the City of Roanoke will handle PPTRA, and within approximately the next six weeks citizens will receive their tax bills. Legislation that was adopted by the Commonwealth of Virginia related to the Personal Property Tax Relief Act provides that rather than the State contributing 70 per cent of relief each year to localities in Virginia based on qualifying vehicles, the State will cap the amount at $950 million across the entire Commonwealth of Virginia. Localities have submitted data regarding their 2004 tax year, and data was provided so that the State could inform localities as to their share of the $950 million, using the calendar year 2004 as a basis for the determination. The City of Roanoke's share is approximately $8,076,000.00 which, unless changed, will be the flat amount that is provided by the Commonwealth of Virginia in tax years 2006 and thereafter. There were choices in Council's adopted ordinance as to how the most recent changes would be implemented; Council adopted an ordinance that calls for a percentage allocation concept, so that the $8,076,000.00 will be distributed among Roanoke's citizens 216 and the tax bill will show an amount of relief to citizens in terms of a percentage that is considered relief and a percentage that the citizen will actually pay. In the past, citizens with vehicles of $20,000.00 or less received 70 per cent relief, that per cent of relief will change and could go up in a year where assessments go down. The ordinance adopted by Council provides that all vehicles valued at and under $1 ,000.00 will be exempted from the tax. Staff of the Finance Department have reviewed the data to determine the appropriate percentage to be listed on tax bills that will be mailed in April; the impact to the City of Roanoke is a cash flow type issue; the State will slow down reimbursements and shift to more of a periodic scheduled reimbursement, whereas, in the past, reimbursements were made from the Commonwealth to Roanoke based on when the City Treasurer submitted data to the State advising that taxpayers had paid their portion of the tax; and based on the current interest rate environment, there will be a negative impact to the City of Roanoke in terms of interest income of about $45,000.00. 21:..00 20.60 I ~::: ~ 1P.00 .....; 1..60 -= 1..00 f- 17,60 j '17.00 ,.~ ,.- ,.... Sales Tax 'The City'S thjrd.largcst ta", - - - FYUO FYO~ t"YO? FY(Jof> FYOJ FY02 f'VtJ3 FYU4 .·..cnl Y.,.ar I.S"'~T_ '· ...._...Il#gr<>wth: 2yr-6.2'%. 5yr _2.3%. 10 yr- 3.1% SU~ FYOO - FYO~ - Co......-e..."rL..lve Annual Financial R..pon ,:"YQ6·-·FY07 _ Adnpl",.lIlkconuncnded F....linuuc '2 I I Ms. Shawver advised that Sales Tax, the City's third largest tax, showed a strong growth in fiscal year 2005 of 2.3 per cent, which was not expected because 2004 growth included certain one time corrections for some items; 2004 growth was ten per cent, which was out of the norm compared to prior years where growth was either flat or somewhat in decline; those years were negatively impacted by the terrorist attacks in September 2001, the war in Iraq, and a general slow down ofthe economy; 2005 continued to do well, and the Cityended 2005 with better growth than was expected; the adopted budget for fiscal year 2006 is about a half million dollars less than fiscal year 2005 actual, or about 2.7 per cent below that level; and based on the City's current year growth, which is about 3 )1,-4 per cent, it is expected that revenue will exceed the estimate by about $2 million. Fiscal year 2005 provides the best ability to date to project fiscal year 2007; staff approached fiscal year 2007 expecting continued growth at around three per cent over the next few years. The importance of sales tax revenue is I emphasized because it is a barometer of the health of the local economy and the City's third largest revenue at approximately $21 million. I I I "".'.' , , " " " t,J!~,1'~'!' 217 Council Member Cutler requested a break down on sales tax generated by retail establishments at Valley View Mall; whereupon, the Director of Finance advised that the information could be compiled by reviewing sales taxes remitted by individual stores. Proposed Legislation MachineI')' and Tools Tax · ,Various bills have been introduced ,in the General Assembly to revise the Machinery and Tools T::lX. a component ofthepersonaJ property tax; '. - Changing the 'assessment process to require that equipment values be determined based :on Federal depreciation schedules - Changing the classification of certain machinery and tools to intangibJerather thanlangiÞlc pCJ'somILproperty(thus avoiding the taxnh.ogclher) . - Altering the definition,of'''idle' machinery and tools · The goal is to create a.more consistent and uniform tnethod to assess the value of.nachinery and tools. · The City received approximately $2.7 million fI'oln the Machinery and Tools Tax for.fiscal year 2005. 23 . Ms. Shawver advised that the above information addresses legislative activities with regard to the Machinery and Tools tax, which is a component of the Personal Property Tax. The City of Roanoke receives about $2.7 million in Personal Property Tax revenue from this category; and several bills have been introduced in the General Assembly this year with regard to changes in the tax. The City Manager previously alluded to a bill that would change the taxation on machinery owned by a business that is not actively used in a particular process. Other proposed changes could alter the depreciation schedule (during the first year, the City of Roanoke taxes at 60 per cent of value, the next year at SO per cent of value, then 40 per cent of value, and the tax drops at ten per cent increments 'until it reaches 20 per cent, and is taxed at 20 pér cent thereafter.) The current proposal would enable companies to remit taxes using the same depreciation schedule that they use on their Federal income tax return which could give the City greater taXation in the early years, but would stop the City's ability to tax any out years where the value is kept at 20 per cent using the Federal depreciation schedule, and the tax would eventually go down to a zero value. It is difficult to determine the impact on revenue, however, the Commissioner of the Revenue advises that items in the 20 per cent category represent about $1.2 million. Taking into consideration the gain from the early years from this type of change, with declines in the latter years, coupled with potential legislation from the idle Machinery· and Tools tax, it is estimated that there could be a $500,000.00 to $1 million impact to the City. Legislatively, the idea would be to have more consistency and uniformity in the assessment of machinery and tools. The Machinery and Tools tax goes hand in hand with the Business License Tax and legislation has been discussed in recent years regarding changes in the Business License Tax which is one of the City's larger local taxes. 218 Proposed Legislation 5°ló Telecommunications Tax I · 'l"clcconununications tax legislation appears to be; well on its way through the General Assenlbly. · 'This will replace utiJity:taxes on landline and cellular phone. cable tv franchIse tax. e-.911 lax and, the gross receipts tax -on telecornmunications cOlnpanics. · A neM! 5% tax effective 1/1/07 imposed and collected by the Conunonwealth and remitte-d to local govcrnlnents. · These cbangesare projected to be revenue-neutral. and over time will likely prove to be positive to local governnlcntsin that it will pave the way for taxation on rnediurns not -curren.tly'taxed. · 'bnpact on rccolnmended revenue estimatewiH be a shift from :toeal taxes' to grants-in-aid conunonweaJth. The telecommunications taxis revenue neutnll 10 PYO? 24 Ms. Shawver advised that the Telecommunications Tax, which is intended to · provide for better uniformity and consistency, appears to be well on its way though the General Assembly this year. The Telecommunications Tax would replace utility taxes on a typical telephone in the home, or the land line, as well as the cellular phone, cable television franchise tax, theE911 tax, and the gross receipts tax on telecommunications companies. When legislation was initiated, the idea was to make it revenue neutral to localities; and all of the above I referenced items were pulled in to be replaced with the new five per cent tax that would be effective on January 1, 2007, to be imposed and collected by the Commonwealth of Virginia and then remitted monthly to localities. Council Member Cutler inquired as to "how much of the tax will get lost in Richmond." Ms. Shawver responded that it is a concern to local governments and the City's Department of Billings and Collections works diligently to ensure that cell phone companies remit any taxes that are owed to the City. The Director of Finance advised that since cell phones came into vogue, it · has been difficult to collect taxes; the City's Department of Billings and · Collectionshas collected $80,000.00 and up to several hundred thousand dollars of taxes that would not otherwise have been remitted to the City had the Billings and Collections Department not spent many hours auditing cell phone companies and engaging the City Attorney's Office on occasion to help convince providers to pay outside taxes. ~e further advised that the State does not have the resources to maintain collection which isa component that will be lost; the Telecommunications Tax needs to be Simplified and should be imposed in order to tax some services that are not currently taxed such as satellite, and some current telecommunication services continue to move to the internet, which I cannot be taxed. I I I "';: .'.;.;., '¿~.f 219 The City Manager advised that another concern relates to timing of the receipt of funds when a revenue goes to the State to be redirected to a locality. She called attention to occasions when the State has experienced a budget crunch and as a result, delayed a monthly payment to the City by as much as 30-45 days, which created a cash flow problem for the City; and if the tax is billed locally, the City would receive the funds on a more regular basis. Council Member Lea inquired about the status of the five per cent franchise fee on cable television and the impact on the City of Roanoke. The City Attorney advised that it is likely that the City of Roanoke will lose revenue because the definition adopted by the State is not as broad as the definition that was negotiated between the City and the City's cable provider, Cox Communications. FY 2006 Expenditure Budget by Category Public Safety Scbools Health & Welfare Public Works Debt Service General' Gov. Parks. Rec. & Cult. Judicial Admin. Community:Dev. Capital Projects. AIIOtbcr TOTAL $55.IM $54.5M $30.6M $23.3M $17.7M $12.IM $ 9.6M $ 6.8M $ 5AM $ 304M $ 5.3M $223.8M _...,....e.& c::ult....-' - PuCJlk:s.l.ly ... Cloftl",unA'¥' ~"II;I""""nt '" 26 Mr. Stovall advised that staff's presentation would now transition to the expenditure side of the budget by looking at budgeted expenditures by major categories. Approximately 74 per cent of the Citis budget is dedicated to public safety, schools, health and welfare, and publicworks;approximately 24 per cent is dedicated to local support of the School division, and when debt paid by the City on behalf of the School division is added in, the figure grows to approximately 26 per cent, which is a significant contribution. 220 The City Manager pointed out that if one were to take a similar chart for other communities in the region, or for other cities,public safety and schools I would be somewhere in the order of first and second, and there starts to be a lot of variance in categories three, four and five. She stated that oftentimes it is said that the City of Salem spends a considerable sum of money on parks and recreation; parks, recreation and culture will be higher on the Salem chart becal:lse the City of Salem does not have the same challenges as Roanoke with regard to health and welfare; and it is more typical for a jurisdiction to show public works, general government, and parks and recreation in categories three, four and five than it is to see health and welfare categorized as the third highest expenditure in their budget. She advised that she was proud to be the City Manager of a City where housing and other services are offered to low income individuals, but it must also be recognized that in so doing, less money is available for parks, recreation and culture and certain other activities. She added that it is also a known fact that many times neighboring jurisdictions encourage persons with health and welfare needs to move to the City of Roanoke. Budget Challenges · Support of Roanoke City Publi~ Schools · Employee compensation and benefits I · Continue to build debt capacity for planned capital projects · Continue progress Îli budgeting for equipment replacement, capital building maintenance, street paving and. tecbnoiog)' 21 Mr. Stovall advised that developing a balanced budget is a challenge which includes support by the local school system, competitive employee compensation and benefits, continuing the City's progress in building debt capacity for planned capital projects, and budgeting for equipment replacement, capital building maintenance, street paving and technology. I I I I <io~'{~;f 221 Budget Challenges . Increases in the cost to provide st,rvices atthe same .level · Tipping ,Fees (Tonnage) - $.lM · Utilities - $.3M · Motor Fuels - $.3M · GRTClValley Metro - $.2M · Vehidë Maintenance ...·$.lM . Desire to expand :selected program services · Polke (lOpositions) - $.4M · Library Master Plan - $.6M · Code, Enforcement Commonwealth Attorney ... $~07M · Bridge Maintenance $.SM · Storm Drain Maintenance -$.2M 28 Mr. Stovall advised that as the City begins the budget process, it is also faced with the challenge of increases in the cost to provide services at the same level; this year those challenges include an increase in tipping fees as a result of higher tonnage, an increase in the cost of utilities and motor fuels, an increase in the City's contribution to GRTC/Valley Metro, and vehicle maintenance. There is a desire to expand selected program services; i.e.: a request by the Police Department for ten additional positions, a desire to begin building recurring operating funding in the budget, Code Enforcement which includes a request by the Commonwealth's Attorney for an additional position, bridge maintenance and storm drainage maintenance. Council Member Cutler inquired if funds are budgeted for planning at Carvins Cove; whereupon, Mr. Stovall advised that Council appropriated $90,000.00 in the current budget for development of a Carvins Cove Master Plan, and the funds will be obligated this year even though the study may extend into next year. Mr. Stovall emphasized that even though there is a revenue growth of $15.8 million, once dedicated revenues, social service revenues, the sharing of revenue with the school system, and other miscellaneous dedicated revenue sources are adjusted, only $6.9 million will remain for discretionary use. 222 Priority Expenditures I .. Support of Roanoke CityPuhlie Schools - $3,736,871 · Based on fundingfonntiln of 36.42% 'of local tax revenue -Local suppórt of $58.'J minion and $4.2 million for debt service . Employee Compensation and Ucnef1ts - $5,890,358 · Increase in contribution rate (12.61 % to 15.11 %)forthe Employee Retirement System -$1.y461,407 · Increase in 'the'cost of employee heaJth" ,dental, and life insurance - $894.7Z3 · Remaining six months, or full year cost or additional 4 % salary increase provided to Deputy Sheriffs and"~ire·EMS - $392,874 (Total costor$77S~667) · Competitive enlployec compensation (T¡;¡rget of 4 %of'salary) . $3,141,354 - Salary surve~' indicalessolaries arcapproximatcl}' 9% below "'irst Cities jurisdictions 29 Mr. Stovall advised that the list of priority expenditures include additional funding in the amount of $3.7 million for the school system based on the funding formula previously discussed, local support for fiscal year 2007 would total $58.1 million, with another $4.2 million for debt service, which is the City's share of school capital projects. I The City Manager called attention to a recent newspaper article which stated that the School system is contemplating the submission of a fiscal year budget of $7 million over and above the $3.7 million, and, in effect could request a $10.7 million increase in a single year, absent what is known to be the growth that the State will provide in aid to education. Mr. Stovall advised that the projected increase from the State for school funding is $6.6 million. ~e pointed out that the $4.2 million that the City will provide in fiscal year 2007 for debt service grows to approximately $6 million in fiscal year 2009, after the City issues its share of the debt for the William Fleming . ~igh School project. Council Member Wishneff requested comparative data from other jurisdictions with regard to the level of school debt service and operating funds; whereupon, the City Manager advised that most of the communities that Roanoke would compare itself with are not in a school construction mode in the same way that Roanoke is, therefore, significant differences will emerge on the debt service. With reference to the above information on Priority Expenditures, Mr. Stovall advised that employee compensation is at $5.9 million, which includes an increase in the contribution rate for the Employee Retirement System, an increase in the I cost of employee health, dental and life insurance; and in fiscal year 2007, the City will pick up the remaining six months, or the full year cost of the additional four per cent salary increase provided to Deputy Sheriffs and Fire/EMS employees. I I I 't:.: -:~}}t 223 The Mayor referred to the increase in contribution rates for the Employee Retirement System, and inquired if over the next few years the contribution rate will begin to come down; whereupon, the Director of Finance advised that rates should come down based on projections made by the City's actuary, assuming that the stock market performs at a level that the City will achieve an expected return of seven and three quarters on the City's investment. Mr. Stovall advised that the City strives to provide competitive employee compensation and at this point, four per cent of current salary is targeted for fiscal year 2007; and the annual salary survey compiled by the City's Department of ~uman Resources indicates that the City of Roanoke is approximately nine per cent below Virginia's First Cities jurisdictions. Council Member Wishneff inquired as to how a four per cent salary increase compares with actions to be taken by Roanoke County and the City of Salem for their employees. The City Manager advised that Salem and Roanoke County are considering the same percentage of increase. She stated that if the City of Roanoke were to come into a significant increase in revenues, as City Manager, she would recommend a greater percentage increase because over the last six to seven years, more has been demanded of Roanoke's employees, they have produced the desired results, and City employees have been held accountable in a way that should be pleasing to both the Council and to Roanòke's citizens. She added that as the City of Roanoke falls further and further behind in its pay scale, it will be less able to keep valuable employees, therefore, she would set four per cent as a target and if there is a considerable amount of extra money, she would recommend a minimum of five per cent in order to cut throug~ some of the disparity with other localities. . Pay Raise vs_ Change in CPI Fiscal Year Pay Raise CPI 2006*· 3.14% of salary (avg.) 3.2% 2005 3.08% of salary (avg.) 3_0%· 2004 2.83% of salary (avg.) 2,1% 2003 3_0% of salary 1.5% 2002 3_5 % of salary 2.7% Results from salary survey indicates average salaries ure approximately 9% below the.Flrst'Citlesjurisdictions ·Sh~riffand Fire·EMS rec.-eived an,additionaI4% of salary"efTective January 06 30 224 Mr. Stovall advised that the above information demonstrates the pay raises provided by the City over the past five years, which have kept pace with inflation, I but Roanoke falls behind other First Cities peer jurisdictions. Employee Compensation Percent of Amount Budget Salari~'S $62.563.997 28% Overtime and 3~020, 1.44 1% Temporary Wages Retirement 9,212,173 4% Insurance 6,661,356 3% Other 6,858,447 3% Total $88,316,117 39% Total Genernl Fund Rudget - $223.799,000 .11 Mr. Stovall advised that the above information shows the percentage of employee compensation in the total budget; i.e.: salaries, overtime, temporary I wages, retirement, insurance, FICA, worker's compensation related expenses; and employee compensation amounts to 39 per cent of the City's total budget. . OPEB . A new GASB (Governmental Accounting Standards Board) statement will require local governments to quantify, disclose and ultimately record liabilities for benefits other than pensions which are provided to retirees . Roanoke provides retirees access to the medical and dental plans State Code requires this for retirees with fifteen or more years of service n I I I I ,~'ifl(~: . \~j¡i¡~b. "" . 225 Ms. Shawver discussed retiree benefits, or Other Post Employment Benefits (OPEB). OPEB is an accounting for those things besides pensions that the City provides to its employees upon retirement. Beginning in fiscal year 2008, the Governmental Accounting Standards Board (GASB) will impose changes with regard to how localities address Other Post Employment Benefits in terms of non-pension retiree benefits that include access to medical and dental plans, and is a requirement by State Code for all localities with retirees who have 15 or more years of service. . OPEB · Roanoke's exposure to OPEB liabilities is through an implicit subsidy to retirees for medical insurance - Retirees with fifteen years öf service are permitted to participate in our medical plan from retirement to age 65 at rates blellded with those of our active employees . An OPEB liability results from the difference ill the blended rates available to retirees and the rates which would apply to retirees rated alone. . Typical blended rate is about 50% lower than the rate a retiree would receive Wílhoulthe benefit of blending · Retirees pay for dental insurance at retiree rates, thus there is no liability related to dental 3-' MS, Shawver advised that the benefits provided to retirees go hand in hand with the fact that the City allows its retirees to participate in a health insurance rate that is blended as a part of the overall group health plan with active City employees, and provides a better rate for retirees who are blended with younger active employees; however, the Governmental Accounting Standard Board will require the City to quantify, account for and disclose the benefit infuture years in the City's financial statements. Currently, the benefit is handled on a pay as you go basis; the City provides a little more in terms of local government costs than it otherwise would if there were a separation of the rates instead of a blended rate; the typical blended rate is about SO per cent lower than the rate that a retiree would pay as a lone subscriber and retirees pay for dental insurance at a retiree- type rate. Accounting regulations are predicated on current, past and recent practice and even though the City has not promised to provide blended rates forever, the dollars are based on the fact that the City currently provides the blended rates; and 2 SO retirees have chosen to enroll in the City's health insurance plan and may continue to participate until Medicare eligibility at age 65. 226 OPEB I . An initial actuarial review of OPEB liabilities was conducted in Pall 2005. - Study performed by same third party actuary which handles our Pension study and health care consulting. - Resulting liability approximates $30 million and includes valuation for active employees as well as retirees based upo~ actuarial assumptions. - GASB requirements would entail expense of approximately $4 million each year over a périod of years until liability fully recognized in our financials. 34 Ms. Shawver advised that the same actuarial firm that prepares the City's Pension Plan study and health care consulting work was engaged to prepare a preliminary actuarial review of health insurance liability; the actuarial firm used data with regard to the enrollment of retirees, the retirement plans they participate in, the age of retirees, assumptions with regard to active employees such as age and likelihood to participate, etc., and arrived at a liability amount for I the City based on provision of the benefit at approximately $30 million. The largest portion of the $30 million is not for retirees, but for active employees, because actuarial assumptions and methodology examine not only retirees that currently benefit from the blended rate, but also takes into consideration active City employees, the extent to which they have either achieved 15 years of service and may retire, or are likely to achieve 15 years of service and retire. OPEB - Financial reporting requirement effective in FY08; planning begins now - Localities will balance costs of funding liabilities with impacts of cÞanges in policy regarding benefits provided to retirees - Phased approach may be appropriate in implementing any policy changes -Study team to be established to examine employee benefits including post retirement benefits and make recommendations to City Council 35 I I I I "-.< ;I;':~~"" 227 Ms. Shawver advised that the City will be required to deal with accounting issues in the fiscal year ending June 30, 2008; however, in order to approach the matter from a prudent fiscal and policy making perspective, now is the time to consider whether the City can fund these types of liabilities, or whether it would be appropriate to enact policy changes. Localities throughout the nation and in the Commonwealth of Virginia are impacted by the State's requirement to provide access to medical care for retirees with 15 or more years of service, and a recommendation will be submitted to Council in conjunction with the City's fiscal year 2008 budget. The City Manager advised that because ofthe City's pension policies, more and more people are eligible to retire; with the rule of 70 for public safety employees, which is defined as a combination of age and service totaling 70 years, and the rule of 80 for general employees, the number of City employees who are retiring is increasing and future options need to be reviewed prior to submitting a recommendation to the Council. The City Manager stated that an important feature of planning for retirement for City employees is the Deferred Compensation Plan in which the City contributes up to $25.00 per pay period on a matching basis with the employee; too many people over the years have wrongly made the assumption that a Single retirement program will be able to sustain them in their retirement; therefore, the City has promoted the idea that employees should look for other avenues of support in their retirement, and the Deferred Compensation Plan is one of those vptions. The Director of Finance noted that approximately 80 per cent of City employees currently participate in the Deferred Compensation Plan. . Priority Expenditures Libnn-)' "!\1astcr l)ofan ~ $613.700 · Begin funding the recurring operating expense components such as stafT additions. collection enhancement. program activity chhancemenl. and h.-chnology . SU1>port of CulturÚl/Human Sc-'"vkc. Agencies. $208,"104 · Increase in funding based on growth in discretionary revenue · Funding to cultural agencies in FY 06'lotol5 $986.288. · Funding to humun service agencies in FY 06 tolals $2,520.134 ... Sodal Sen'ÎCc l'rógrams . $2.623.693 · Increase in f'unding for programs such as foster care, special needs adoptio~. daycare ser\·Îces. special needs adoption, and general relier · State reimburses 50% to 100% or the cost depending upon the program nebt Capacity (01" Capital Projects ~ $570,000 · Coittinueto build debt capacity for planned capital pn)jects. . ,Replllcemcnt of lost \VittcrISe,,'crFuitd re\'~nue fronl:creation of the 'Vcstern Virginia 'Vater Authorit~,,~ $400,000 · Year two ora three year effort 36 . 228 Mr. Stovall advised that additional priority expenditures include the Library I Master Plan, and based on Council's direction, the City began funding the recurring operating expense component such as staff additions, enhancing collection materials, program activity enhancements, and technology enhancements. Council Member Cutler advised that a comparable plan, the Public Arts Plan, will be considered by the City Planning Commission later today which has the potential for recommending additional spending related to public art for either an individual from outside the City, or a staff person to be added to the City's payroll to address artresponsibilities. ~e inquired if the component has been considered in conjunction with the City's budget development. The City Manager responded that the dollar amount will be addressed at a later time after Council provides direction to staff. Mr. Stovall· advised that funding was increased based on growth in discretionary revenue; in the current fiscal year, funding provided to cultural agencies will total approximately $1 million and funding to human service agencies in the current fiscal year will total approximately $2.5 million, including those funds that the City is required to provide to the local ~ealth Department. There will be an increase in Social Service revenue of approximately $2.6 million, which includes funding for programs such as foster care, special needs adoption, day care services, and general relief, and the State reimburses the City between 50-100 per cent of the cost, depending upon the actual program. The City has carved out $570,000.00 from revenue growth for debt capacity for planned capital projects for the past four to five years and will continue to do so through fiscal 2010, and this is year two of a three year effort to replace revenue that the City lost when water and sewer funds were dissolved and the Western Virginia Water Authority was created. I With regard to cultural and human service organizations, Council Member Dowe inquired as to how active the City is from a philosophical standpoint in identifying partnering opportunities, or is it up to cultural and human service organizations to recognize partnering opportunities, more specifically with non- profit organizations. The City Manager called attention to discussion by Council at a recent City Council retreat in which the Council was of the opinion that it was important for cultural and arts organizations to co-promote, co-market and engage in certain co- ticketing of events so that each entity would not have a separate function, or administrative activity; and Mill Mountain Theatre submitted a proposal to Carilion ~ealth System and the City of Roanoke to co-pilot, co-market, and co-ticket with cultural and arts organizations. She advised that funds that are referenced on the I above chart are monies that are allocated by the Roanoke Arts Commission and the ~uman Services Committee based on an application process, and five organizations did not meet the deadline for submitting applications for funding in fiscal year 2007. I I I ., '!'.L;, ÿ;.7Jr..~' 229 Council Member Lea requested the names ofthe organizations that did not meet the deadline for funding. . .. Priority Expenditures . Continue progress in budgeting ·recurring fUlldin.gì!l tbe operntillg budget for (-"quipnlcnt rel)laceme1Jt~ huJldulg nlaintenance.. paving:- and technology. Elinlinatereliance Oil ~'ear end funds for on-going operating expenses · EouiDnlcnt RCDhtcement · Additional funding of $183,404 · FY 2007 total or $2,246,116 · Initial target of$2.5·ntillion will be reached in FY 2008. · Need to rC"ìse larget to $3 million. · Cuoital Mnintenancc of BuildinS!s · Additional funding of $130,000 · FY 2007 total of $750,000 to reach initial target · Need to revise target to $1 million · Street Pln'ine · Additional funding of $217,159 -«"V 2007 total of $2..646..111 to reach target of 57 lane miles 37 Mr. Stovall advised that at the direction of Council, for the past four to five years, progress has been made to budget recurring funds in the operating budget for equipment replacement, building maintenance, paving, and technology, in order to eliminate the City's reliance on year end funding for on-going operating expenses. The City will meet its target of $750,000.00 in fiscal year 2007 for the Capital Maintenance of Buildings, and Street Paving at a funding level of $2.6 million to reach a target of 57 lane miles. With respect to equipment replacement, the City will reach the initial $2.5 million target in fiscal year 2008, but as equipment replacement needs are assessed, it will be necessary to revise the target to $3 million; and in the category of Capital Maintenance of Buildings, based on capital building needs in excess of $10 million, it will be necessary to revise the target to approximately $1 million; and it is recommended that revenue continue to be dedicated to these categories in the out years. Priority Expenditures . (~:outintje pTogrt.~s in budgeting re<:.urrÎng funding in tlH:~ oper.ating budg,et '"or e<,u;J>menl rcpJa(.~t.~ment,. building rnaintenanc::c.. paving" ¡and le.(~hnolog)-'~ ,1~;I¡'ni"ate reliafu~e on )-'t.~ar endful1ds for on-going operating c'xpenscs . Technolol!v - Additiona.l f'undjng 01" $'58,.753 - FY 2007 total of $] ",000",000 to reach initial target. - Continue to pro'\.'idc ineremenlal funding over the next five years to reach $1.5 million to $2 million. >8 230 Mr. Stovall advised that in the category of Technology, the City will meet the initial target of $1 million in fiscal year 2007, but based on technology needs, it is anticipated that the target will need to grow to $1.5 - $2 million over the next five years. I Council Member Cutler inquired ifthe above statement is related to the new financial control software; whereupon, Mr. Stovall advised that financial control software has been funded; however, there are issues with respect to replacement of micro computers, disaster recovery, and additional phases of the City's work order system, etc. . Priority Expenditures . Maintaining ex¡sHng'Sel~vjce l'evels a.nd, enhancing selected I:>rogranl services - $2,,757..921 . Increase in the cost of'maintainingcxisting scnrice I~vels- $2,112,424 - MOlOt: Fuels - Utilities _GRTClVaJlcyMetro Contribution _ Solid Waste Tipping Fees (Tonnage. Increase) _ Velñcle.'MainteJUlnce . Enhancing,selected program,ser'\'iccs -$645~497 _ :CodeEnforcement - 'BridgelSlorm Drain Maintenance - Greenway Maintenance -,River Keepers Program I 39 Mr. Stovall advised that after reviewing requests from City departments, approximately $2.1 million is proposed to be dedicated for an increase in the cost of maintaining existing service levels; approximately $645,000.00 will be directed toward enhancing selected program services; and supplemental budget requests submitted by various City departments are in the $5-6 million range. The City Manager called attention to the inclusion of an additional position for the Office of the Commonwealth's Attorney for the purpose of prosecuting violations with regard to City Code enforcement. Question was raised as to the rationale for placing the position in the Commonwealth Attorney's Office, as opposed to the City Attorney's Office; whereupon, the City Attorney advised that the City Charter requires the Commonwealth's Attorney to prosecute Code violations. Question was also raised as to what assurances have been made that the additional position will be used for Code enforcement purposes by the I Commonwealth's Attorney. I I I '1' Ù~'~~J\ 231 The City Manager advised that the Commonwealth's Attorney has made a commitment that the additional position will be used exclusively for Code enforcement, and only if the City cannot provide sufficient work for the additional position to address Code enforcement issues could the position be used for other purposes by the Commonwealth's Attorney. She stated that a considerable amount of staff time has been expended to study ways in which the City could be more aggressive in the Code enforcement area, and an aggressive program will be initiated on July 1, 2006, the City Attorney is reviewing portions of the City Code to determine if more restrictive measures can be adopted by Council; and the additional position in the Commonwealth Attorney's Office will be critical insofar as prosecuting Code enforcement cases through the City's Court system. Mr. Stovall advised that the above information represents a list of priority expenditures proposed by City staff at this point, and staff would like Council's input with regard to those items that the Council would like to add to the priority list. Council Member Cutler suggested that the operations side of the Public Arts Plan be included on the priority list. Council Member Wishneff spoke in support of the request of the Police Department for ten additional positions. Planned Future Bond Issues (City) FY08 FY 10 Fire-EMS Facilities $3_81M .......--- Roanoke River Flood Red $4.52M ------ William Fleming High School $20.00M .................. Downtown West Parking Garage $2.60M .............. Multi-Purpose Recreation Center ------ $6.71M 'rotal $30.9_'M $6.71M 41 Transitioning to the Capital Improvement Program, with respect to the . planned issuance of bonds on the City's side in fiscal 2008, Mr. Stovall advised that the City plans an issuance of $30.9 million for the Fire-EMS Facilities project, Roanoke River Flood Reduction Project, the City's share of the William Fleming ~igh School project, the second parking garage in the Downtown West area; and in fiscal year 2010, the City plans $6.7 million for the Multi-Purpose Recreation Center. 232 Planned Future Bond Issues/Debt (Schools) I FY07 FY08 FY09 Patrick Henry (Literary Lc>anIVPSA) $7.S0M ------ ------ Fallon Park/Westside . (Literary Loan/VPSA) $S.OIM ------ ------ MontereylRaJeigb Ct. (Literary LoanIVPSA -----... $2_0M ------ William Fleming . (Literary Loan) ---....... $16_SM $7.SM Total $12.51M $18.SM $7,SM 42 Mr. Stovall advised that in 2007, the Schools· plan an issuance of approximately $12.5 million for Patrick ~enry ~igh School and Fallon Park and Westside Elementary Schools improvements, which will be done through either a Literary Loan Fund or a VPSA loan or bond. The City Manager clarified that when the Schools use a source such as the Literary Loan Fund, or VPSA loan or bond, they are still using the City's debt I capacity. Mr. Stovall advised that in fiscal year 2008, the Schools plan approximately $18.5 million for improvements to Monterey and Raleigh Court Elementary Schools; $16.5 million for their share of the William Fleming ~igh School renovation project; and another $7.5 million in fiscal year 2009 for the William Fleming ~igh School project. . Existing Capital ProiecL<; RC<luiring Additional Funding: · Bridge Renovation Program- $7.5M - $1.5 million aonuall}' for five years _ Increase operating funding for maintenance from $150,(ÞOO to $500,000 · Roanoke Center for Industry and Technology- $1.2M - Complete the extensjon of Blue Hills Drive _ Fund from Economic and Community Development Reserve · Riverside Center for Research and Technology -·$1.5M _ Strectscapc improvements required in performance agreement as center is developed · Curb, Gutter, and Sidewalk Program - $8.9M _ Current program has reduced the backlog - Additional funding needed in FY 2007-08. I ., I I I ",L t. .j":,"".. "'., " .;.~ y~~ 233 Mr. Stovall advised that as the City looks to the future, existing capital projects that require additional funding include the Bridge Renovation Program at $7.5 million, and it is anticipated that $1.5 million will be needed annually over a five year period; there is also a request to increase operating funds for maintenance of City bridges from $150,000.00 to $500,000.00 annually; a request for $1.2 million to complete extension of Blue ~i s Drive at the Roanoke Centre for Industry and Technology, and at this point, it is believed thatthe City will be able to fund the extension from the Economic and Community Development Reserve; a request for $1.5 million for streetscape improvements that are required in the performance agreement with build out at the Riverside Center for Research and Technology; a request for $8.9 million for the Curb, Gutter and Sidewalk Program, and current program and funding that was provided through the issuance of bonds several years ago has reduced the backlog, but when looking at the remaining amount of available funds, additional funds will be needed in fiscal year 2007-2008. ' Council Member Dowe inquired about funding for the Colonial Avenue/Wonju Street project; whereupon, the City Manager advised that the project is funded through the Virginia Department of Transportation's Six Year Plan (VDOT), which should move forward in the current calendar year since VDOT has completed the public comment period. . Existing CapitalProiects Heuuiring Additional Funding: · Gateway Ilnd Streetscape Improvements ~ $lAM - Not formally induded in the CIP _ Recent projects include Jamis()nlBullitt~ Williamson Road, HufT Lane _ Additional projects include Crystal Springs other projects to be prioritized based on neighborhood plans . · Downtown and ViJlage Center Streetscape Improvements - $6.5M - Not formally includ(..-d in the CIP _ Rt'Cent project - Grandin Road _ Additional p':rojecls indudeßalem A venue, Kirk A venue, Norfolk Avenue, \Vdliamson Road (lOCh Strt.>eO.Mefrose Avenue, Memorial A vcnue · Storm Drains - $57.2M" - Bused on identified projects - Storm water µlili(v ft."C potential (unding S(lurce · Public Works- Service Center Improvements - $4.2M - First two phases have been completed _ Additional phases include renovation of space oecupied b,)' Facilities . !\1anagement. renovation of locker roo~ BV AC replacement. and expanding the building to meetidentilied. need$.· 44 Mr. Stovall advised that other projects requiring additional funds include $1.4 million for gateway and streetscape improvements, which is not formally included in the City's CIP, recent projects include activities in the Jamison/Bullitt area, Williamson Road area, and ~uff Lane, and additional projects include Crystal Springs and other projects that will be prioritized based on neighborhood plans; $6.5 million for downtown and village center streetscape improvements, which is not formally included in the ClP, and improvements in the Grandin Road area 234 represent an example of a recent projects, and additional projects include Salem I Avenue, Kirk Avenue, Norfolk Avenue, Williamson Road (lOt" Street), Melrose Avenue, and Memorial Avenue; $57.2 million for storm drain projects which is based on projects that have been identified at this point, and a storm water utility fee has been discussed as a potential funding source; and $4.2 million for improvements at the Public Works Service Center. Council Member Dowe requested that City staff address the storm water utility fee as it relates to new commercial type businesses, as opposed to existing businesses, and the offering of incentives to attract new businesses to the area. The City Manager explained that a new business would be required to pay the same fee based upon the amount of impervious surface to be generated, unless the business chose to submit a specific plan that would contain storm water on site; an existing business could submit specific plans for approval by the City that would mitigate storm water and the business would not be required to pay the storm water utility fee. Overall, she stated that the storm water utility fee would be applied to every existing business, as well as any new business, and to every existing and future residential unit. . New capital projects requiring funding: I · Library Master Plan Phase I ~ $13M - Recurring Operating -$2.4M · Radio System Upgrade - $1O.6M - Upgrade to digital tt-ochnology with Roanoke County _ FY 2008 - $4.4M. FY 2009 - $2.9M. FY 2610 - $3.0M. FY2011 - $.3M · Courthouse RenovationlExpansion - Cost To Be Dctennined _ Com_'t!'pt study underwa:y and schedult.>d to be completed in spring 2006 · Housing Strategies - $1.5M . Includes Market Rate Purchase/Rehabilitation Program. M~rket Rate Mortgage Assistance Program and Property A(~quisition 45 Mr. Stovall advised that the above information transitions to new capital projects that require funding; i.e.: Phase I of the Library Master Plan at approximately $1 3 million, of which $9 million is for architectural and engineering services and bricks and mortar related expenses, with the remaining portion to be used for furniture, fixtures and equipment; the $13 million applies to the super I regional branch library and for renovation and expansion of possibly two existing library branches; $10.6 million for a radio system upgrade from analogue to digital technology in conjunction with Roanoke County, and funding needs over multiple fiscal years beginning in fiscal year 2008 through fiscal year 2011; I I I . w, WkJ$' 235 Courthouse renovation and expansion, the cost of which is to be determined following the concept study that is scheduled for completion in the spring of 2006; and $1.5 million for housing strategies, which include a Market Rate Purchase/Rehabilitation Program, a Market Rate Mortgage Assistance Program and Property Acquisition. Capital Projects . Nc'\V capit:al J>roiccts .-cuuÍl-in2f"undin2: - Police Academy - -$S..5M - Based on preliminary estimate - MarketI>istrjct 110Iun - $4.RM _ Based on preliminary es'lillUlte - Market BuildJng Iml"rovern..~nts - __ Murket Squure nnd Farrner"'s,Market Improve"n~nls - - StrcetsclIpc . Gainsboro ):Joarking Garage Expansion - $3..8M- . ..Jail HV AC and Secu...ity - $2.5M ~ Mr. Stovall advised that additional projects include anew Police Academy at $5·.5 million; and a preliminary figure of $4.8 million for the Market District Plan which includes improvements to the. City Market Building, the Market Square and the Farmer's Market, as well as streetscape improvements in the Market district area. Council Member Cutler inquired as to the level of partnering that could be anticipated from the private sector. The City Manager advised that it is believed that this particular aspect of the Market Plan would be done with City funds and the private sector would be engaged in other aspects, such as modification of the parking garage for condominiums, or Market Building improvements through a long term lease, or purchase arrangement. Mr. Stovall advised that $3.8 million is included to expand the Gainsboro Parking Garage to facilitate the potential location of the Social Security Administration Building. The City Manager clarified that parking will be provided for the Social Security Administration Building through existing parking; however, the Gainsboro Parking Garage will then be at full capacity, therefore, if additional parking is needed in the Gainsboro community, the $3.8 million will provide for expansion of two additional floors that were initially considered in the structural design of the Gainsboro Parking Garage. 236 Council Member Wishneff inquired if Norfolk Southern Railway (NS) has been approached with regard to providing a pedestrian grade crossing at the railroad I tracks; whereupon, the City Manager advised that the issue was discussed with railroad officials some time ago without success. She stated that NS is attempting to reduce the number of crossings of rail tracks, whether they be pedestrian or vehicular, due to liability issues. Mr. Stovall advised that the last item on the list of new capital projects is replacement oftheJail HVAC and security systems, at approximately $2.5 million. ~e then called for input by Council with regard to other items that should be included on the capital projects list. Question was raised with regard to how the City monitors the availability of Federal and State funds and grant opportunities; whereupon, the City Manager advised that for the past several years, the City has contracted with the Randall Corporation to monitor available grants and, in the initial years of the contract, the City was guaranteed a certain volume of grants through the Federal and State governments; and the contract with the Randall Corporation was renewed, but has not been as successful in its most recent extension; therefore, the City plans to advertise a request for Proposals for similar services in the future. She stated that Senator George Allen's Office has been helpful by forwarding information with regard to various grant opportunities for the City's review. Council Member Cutler inquired if a Carvins Cove Master Plan will be I prepared for future consideration; and following the Mill Mountain and Carvins Cove Master Plans, he suggested the preparation of a Roanoke River parkyvay Master Plan that would take into account the work of the U. S. Army Corps of Engineers with regard to bench cuts, and the greenway trail, etc., as to how the park could be extended from one end of the Cityto the other along the Roanoke River (Bennington Street). ~e stated that it would be hoped that at a not too distant future date, the City would dedicate the entire Roanoke River through the City of Roanoke as a Roanoke River Park. Future General Fund Debt Service Requirements and Projected Funding Available for Debt Service =~ ..~ ~.~ ,.~ 10.000 ~~ _ o.bI s_. RoI>qu............. ....".,... 15.074 18._ 20.208 19.838 22.398 21.7<112 ......ne. __p«>ieC1"'I"UndlingA_labl.._ '..883 20.&44 21.8'. Zil.6&o$ 23.2S4 23.2~ 23.2&4 ~~. E><ce.""Ca~it)' tShun,,&,el _0.1<)) l.~H."l I.f"oOfi 2.1Wfl IJA7f1; n.~6 1.512 I 48 I I I r':;':~" r.'" '.. ,. ""! ¡ . ~:::'! < ,.... r , "," 237 Ms. Shawver advised that the above chart provides an update on funding for debt and debt service, based on projects that have been funded through various bond issues. Moving toward fiscal year 2007 and in other years, $570,000.00 has been carved out in additional debt service, as well as setting aside other new revenues each year toward future debt service. At last year's Financial Planning Session, Council was advised of the need to identify a new source of revenue to provide for debt service, therefore, the meals tax was increased one per cent, which provided about $2,060,000.00 in additional revenue, one-half of which was devoted to debt service. ,. ~ ;' ~,i , ' The Director of Finance stated that EMS fees were based on a five year phased in approach that has contributed a total of about $750,000.00 over several years. i!w:\i~l' Ms. Shawver advised that the Capital Improvement Program, as a whole, is about ten per cent cash funded, which is a plus when the City talks with bond rating agencies. Future City and School Debt Service 20.000 e 15.000 ~ ., 10.000 "S .. " ,g 5.000 !i 0_000 ICIC1l)'_I:>yOly 15.1. ,.... 16.187 15,GSl .Sc_f'\lolQI:>yOf'o' ".. ~:l17 ".17~ ..212 .~ _Scl'oOolfWtl ,,- 6.00017 .... ,."" 9,SolI7 ~ I [J City Paid by City 'm School Paid by City _School Paid by School ¡ 49 Ms. Shawver stated that the above chart depicts debt service, i.e.: debt service paid by the City on non-school items, such as economic development projects, Roanoke River Flood Reduction, storm drains, etc.; another bar depicts debt service amounts that the City of Roanoke pays on behalf of the Schools for projects such as RAMS, Patrick ~enry and William Fleming ~igh Schools, and various school construction projects; and another bar depicts the debt service that the School system funds. 238 Council Member Dowe suggested that a list of future projects (a "wish list") be prepared that the City could place on its radar screen; whereupon, the City Manager advised that an inventory of needed improvements to all municipal buildings has been prepared. She stated that City staff is attempting to build an annual amount of funds that will be needed to address maintenance of the City's buildings because not every building will need to be repaired in the same year. To the extent possible, she advised that the City would be far better off to include funds in the operating budget on an annual basis for recurring items and give consideration to the replacement cycle for different kinds of buildings. I Legal Debt Margin and Balance of Outstanding Debt as of Marcb 1, 2006 S:'í 934 o::!o 400 593.402.1t40 Ass.:~o;ed VlIlue of Real EM3IC. 2:0(}ô I_egal neb' Limit. 10% or $5.934,020..wo City Gc~ral ObliglllÍon Bonds Enterprise Fund O¢~t; - CJCflCnll Obligation BOllds: . Civic Center Fund . . Parking FUlltf Total Elllerpt"Îse Fund Debt Capital LC3...;cS School C.eneral Obli~lll¡ )n Hunds 6O.92~.3(,5 Qualitìcd Zone A\'ademy Uomls ¡QZAB) I J·)74.3(>R VIr/,!iuia l"uÞlk SdltKlJ .-\ulhorily IVPS.4) BUII<h JO.699.67fJ Literary Fund 1..0.111);, .:i:..Œ&QQQ TOfal Schools Se.::tion 108 loan Gcocrul ()blí~¡lliQIl Dt:bl II'SUNI for ULÍlitil,lio .1. Total Orbl a5 of March 1,2006 Less: Parkiug FUIlII Debt Considered Self Supponing Lc~; ScctìOll108 Loan Lt'Slí: General ObliJ!alioll Debt 10 he "aid by WVWA 'l. Outstanding Tax Suppor1rd Debt 1.ess: AVllÎlnble in Delli Service Fund Lt'gal O~bt Lt'gal Oebt Margin $111.815.091 15.'190.000 to 094 474 16.084.474 246.935 91L50J .403 J.220.00() 1l..1QQ.CX-~ $282,027,903 (IO'<)C)4.474) \ 3.220.000) IH bOOOOj $237.553.429 Œ.illhIlli 236.644.678 53.56,757,362 I 'I' ('"""".al OhIÍjl.~'¡"n a.,,,,¡. i>.MI<tl hy IlK- Çil~ rri<..-Io J...... 31.>. 2'.1ò4 "n;.,,,,,,;U I>., ...,,,u~lly "'p"i<l hy lh~ WVWA 50 Debt Policies · Tax-supported general obligation debt service will not exceed 10% of General Fund expenditures. · Net bonded debt wiJI Ilotexceed 5 % of the assessed value of real. estate. Net Bonded Debt is general obligation debt for. the City and School Board. exclusive of Par.king Enterprise Fund debt and the amount available in theDebtServi= Fund. · Tax-supported debt wiJIbe structured such that not less tban 50% of aggregate outstanding debt. will be tetiredwithin ten years. Note: Ratios that follow include allt"1x-supported.debt - GO bonds~ VPSA~ l:jterary'Loans. QZÄB. and Capital Leascs. 51 I ~;'.!"'" " )~~'::.¡~. .,\,.\~ q, î,1 I . Ratio of Debt Service to General and School Fund Expenditures (10%) · FY 2003 · FY 2004 · FY 2005 · FY 2006 FY 2007 · FY 2008 · FY 2009 · FY2010 · FY 2011 · FY 2012 City Proiects 5.6% 4.6% 4.5% 5.2% 5.3% 5.0% 5.0% 4.8% 4.4% 4.1% School Proiects 2.9% 2.5% 2.6% 3.4% 3.6% 3.7% 4.5% 4.6% 4.3% 4.1% Overall 8.5% 7.1% 7.1% 8.6% 8.9% 8.7% 9.5% 9.4% 8.8% 8.1% Note: As.r.;umes annual expenditure growth of 4%. " I Debt Capacity After Future Planned Debt Issuances (in millions) 70 00 50 '" 30 20 10 o .""" Debt capacity í~ based on debt service payments not exceeding 10% of General Fund expenûítUfCS. 53 I 239 240 Ratio of Net Bonded Debt to Assessed Value of Real Estate (5%) City School Proiects ProÎects Overall · FY 2003 2.5% 1.5% 4.()% · FY 2004 2.2% 1.5% 3.7% · FY 2005 2.6% 1.8% 4.4% · FY 2006 2.5% 1.8% 4.4% FY 2007 2.2% 1.7% 3.9% · FY 2008 2.0% 2.2% 4.2% · FY 2009 1.8% 2.1% 3.8% · ¡.-y 2010 1.6% 1.8% 3.5% · FY2011 1.4% 1.6% 3.0% · FY 2012 1.2% 1.4% 2.6% Note; Assumes growth of8.5% in FY07. 5% in FY08, 4% thereafter in assessed value of real estate. 54 Reduction of Aggregate Debt Within Ten Years (50%) (Reflects Issuance of Planned Future Debt) City Schools Overall FY 2005 72% 66% 69% FY 2006 69% 66% 68% FY 2007 71% 68% 70% FY 2008 72% 65% 68% FY 2009 75% 67% 71% FY 201 0 76% 70% 73% FY 2011 78% 73% 76% FY 2012 81% 76% 78% 55 The Director of Finance advised that the above charts/information address debt policies and capacity. I I I I I I Debt Statistics of Urban: Cities Source: 6/30/05 CAFRs iNl..'(Bt1níJciI:OCht GcO\.......lJ [k-i'!t S,::TI,'if."c'· To 'Assessed N~I,BtJndcd, OhIÎ~<lti(ln i Tt1 G\.'1lcral Value: lXht Pl." :LnC'alîlY Bnnd'~aÎjn~ FUIJd.Exfl\=nditun:. Rc.aI'Estal\! .capita' Rualloke AN."':t.~ 7:19% ;J~:l6~,~~ $2311 Ri..'hlJlt.lnd AAI.l\a~:¡ In,J2tJ; J.67~.f: S.:d77 Hoinlpton ANAa2 '7.5()fJ) 2;SQ',( 51:422 l~ynl,..hh"Tg: ANAa~ K.46'A; ':U))_fl~ "1;557 Newport Ncw~ .4.:NAa:2 8.7'1".. 4:Mi'1 $2;176 Norfulk AI'VAal n.~($;; -,'\,99'",( 5. 1 ,gU7 :Pnnsmumh AA:IAI b.6J',i -5..68';4; S2.301 RuanÜk'::("o.. AN Aä2 h.fÍ:Vj, -2.121J $IA38 '" 241 Council Member Dowe inquired if the Cities of Norfolk and Richmond have engaged in the types of projects that could generate revenue for their localities. The City Manager advised that several years ago, the City of Richmond deliberately exceeded its debt policy and downgraded for a period oftime and the locality specificallydirected some activity toward economic development projects. She stated that the City of Norfolk exceeded its debt policy and City officials went to bond rating agencies in advance of the issuance of bonds to explain the City's plans. Capital·Project Recap Bridge Renovation Prognun $7.5M Roanoke Cenler for Indusuy and Teçhnology $1.2M Riverside Center for Research and Technology $1.5M Curb. GUlLeT. and Sidewalk . $8.9M Gateway and Slrcelscape Ilnprovcmenls $IAM Downtown and Village Center Streetscapc Improvements $6.5M Library Mus-ter Plan $13.0M Radio System Upgrade $IO.6M Courthouse RenovationÆxpansion THD Housing Strategies $1.5M Market District.Plan $4.8M Gaìnsboro Parking Garage Expansion $3.8M Jail HV AC and Security $2.5M Storm Drains $57.2M Public Works Service Center $4.2M 5 8 242 Mr. Stovall transitioned to prioritizing and balancing of the budget, and I advised that at some point, either today or at a later time, staff would like input by Council with regard to Council's priorities for capital projects that were previously identified which will allow staff to develop a plan for later consideration by Council. The Mayor advised that the Library Master Plan deserves prioritization and there is an element of excitement around the City Market District Plan. Council Member Wishneff suggested that housing be ranked as the next priority. Council Member Dowe suggested the installation of sidewalk on the other side of Cove Road, N. W.; whereupon, the City Manager advised that sidewalks were envisioned for only one side of Cove Road. She stated that the commitment was to complete one side of Cove Road, given the volume of sidewalk needs throughout the City of Roanoke. Council Member Dowe inquired if any portion ofthe youth component to the City's Comprehensive Plan will be implemented in the next budget cycle. The City Manager advised that it may be necessary to wait another year due to timing issues, recommendations of the Youth Commission will be phYSical in I terms of facilities and some will include operational issues that may be accommodated depending on when the youth component is completed. She added that it is doubtful that recommendations will be processed through the City Planning Commission and the City Council to the point that certain needs could be considered in the 2007 fiscal year budget. Priority Expend ¡tures Support of Roanoke City Schools $3.7M Employee ,Compensation and Benefits $S.9M Library'Master,Plan $.6M Support of CultumllHuman Service Agencies $.2M Debt ,Capacity for Capital Projects $.6M Replacenlcnt of 'lost 'WaterlSewer Fund Revenue $.4M Equipment Replace,ment $.2M Capital Maintenance of Buildings $.IM Street Paving $.2M Technology $.2M Maintaining Existing ScrviceLevclslEnhancingSelected $2.9M Programs >" I Mr. Stovall advised that none of the items on the above list are considered to be luxury items, but address critical needs of the City. I I I 243 Status of Budget Balancing Pre I iminary.Pro jeclion .Revenue $15.85:7,000 Growth Priority Expenditures $17 .489,963 Balance ($1,632,963) "" . Mr. Stovall advised that based on the preliminary estimate with respect to revenue growth and the total list of priority expenditures, the City's budget is approximately $1.6 million out of balance, which could change over the next few weeks as City staff works with the recommended budget. Council Member Wishneff advised that his number one priority would be the addition of ten new police officer positions for fiscal year 2007. The City Manager advised that Council was not being requested to balance the budget today, but it is important to understand that certain choices will have to be made; City staff will initially make the choices in order to present a balanced budget to the Council, and Council will decide whether staff has been wise in its selection, or whether the Council wishes to modify certain staff recommendations. Council Member Wishneff advised that his priorities are: the addition often new police officer positions, a pay increase for City employees, and a revision of the income limit and net worth of persons applying for the Elderly and Disabled Real Estate Tax Freeze. The Mayor concurred in the remarks of Council Member Wishneff with regard to the ten new police officer positions and a pay increase for City employees; however, he suggested a review of the net worth, as opposed to the net income limit of persons qualifying for the Elderly and Disabled Real Estate Tax Freeze. It was suggested that City staff confer with the City Treasurer and the· Commissioner of the Revenue to determine the number of persons who have not . qualified under currently established net worth and income levels. 244 Comparison of Local Tax Rates for Peer Localities - FY 2005 I Real ESla'e $1.21/$1.03 $1.27/$1.12 $0.98/S0.89 $1.121$0.99 Personal Property $3.451S2.66 $4.06IS3.23 $3.74/$2.87 $3.501$2.70 Utility Consumer 12% 19% 17% 12% Motor Vehicle License 520 $25 S22 $20 Prepared Food 4.0% 6.1% 4.9% 4.0% Transient Occupaney 7.0% 7.4% 5.9% 5.0% Cigareue (25 pack) 50.2700 50.5813 $0.3957 50.??oo Admissions 5.5%19% 8.6% 8.4% 5% Note: Split rates for Real Estate and Personal Property Taxes dcnòle differences in nominal and effective tax rat~ based onassessmentlsales ratio and assessment basîs.n:speclively. Current Prepared Food Tax is 5% ., Mr. Stovall advised that $1.27 per $100.00 of assessed value is the First Cities average on the real estate tax rate, and is slightly higher than the real estate tax in the City of Roanoke which is $1.21 per $1 00.00 of assessed value; however, I he stated that Roanoke is lower on the Personal Property Tax, Utility Consumer Tax, Motor Vehicle License Tax, Prepared Food Tax, and in the ball park on the Cigarette Tax, as compared to other First Cities localities. Closing The Gap Potential Options · Reduce pay raise amount . . 1 % = $785,389 · Reduce planned increases in equipment replacement, capital building majntenance~ and technology · Reduce planned supplemental funding to enhance selected programs · Examine budget reductions . Department Djrec,tors and Division Managers asked to submit option for 3 % reductions ., I . ' 245 I Cost of Services . Police Of'tice,- - $39,327 . Includes salary~ supplie.<j~ and equipment (excludes vehicle) I I Fircl1ghœr - $40,755 . Includes salary~ supplies. and equipment Leaf Collection - $400,000 Solid \Vaste Tipping Fees - $2,490,407 Snow Removal - $253,869 ., . Question was raised with regard to how any excess funds in the snow removal account will be handled; whereupon, it was advised that excess funds are deposited in the year end fund balance. The City Manager pointed out that the City is currently in year five of a five year program to provide take home vehicles to police officers, the program is working well, a significant number of police officers have made the decision to live in the City of Roanoke, and the Officer Next Door Program is another example of how the City encourages its public safety employees to live in the City, and the program should continue to be promoted. Prior Year Budget Adjustments , $.5 Mfilion in FY 2005..06 '" $.IM in staff ødju.'lôtments · 6 ne~ unfunded positions M $136,638 <0 Continuation of6 unfunded positions. $143,083 ({';~nend ,,'uDd) · 9 previOU!'Ilyunfundt.>d posiUnD eliminated M $240.433 (Generøl ""uDd) $AM in operating adjustments <0 AdjustmentsincJudoo human TI$OUn-e Itrograms, JuvenUe Court Services residenUol detention, Tel."reation programs, o'\Trtlme Dnd other department adjustments $2.2 Million in FY 2004-05 $.1.SM in staff adjustments 27 positions eliminatrd In the Cit:nerøl Fund M $964.808. 12 of the positions a.."l.."w.duted with the Water Authority .. 16 unfunded positions - $48.5,406 (General Fund) · 9 pn:oviousJy unfunded position eliminated - $240,,433 {(;encnd Fund) . $.7M in operating adjustments Adjulo'tments Included summer intern program: park malntenuncc ucthitle<õ, recreation prograDUl, utility cut repain. and otner department adjustments 64 246 Mr. Stovall advised that the above information provides an overview of some of the budget adjustments that were made over the last two years, which includes I $500,000.00 in the current year, approximately $143,000.00 in staff adjustments that involved six new unfunded positions, and nine previously unfunded positions were eliminated, for a savings of $240,000.00; $400,000.00 in operating adjustments were made across department boundaries, including human resource programs, Juvenile Court Services residential detention, recreation programs, overtime and other department adjustments; in fiscal year 2004-2005, budget adjustments totaled $2.2 million and included $1.5 million in staff adjustments; 27 positions were eliminated, at a savings of approximately $1 million, 12 of which were positions associated with transition to the Western Virginia Water Authority, 16 unfunded positions, fora savings of approximately $500,000.00, and nine previously unfunded positions were eliminated, for a savings of $240,000.00; and approximately $ 700,000.00 in operating adjustments across department boundaries included the summer intern program, park maintenance activities, recreation programs, utility cut repairs, and other department adjustments. ' The Mayor requested that Council Members provide any additional suggestions to the City Manager. The City Manager advised that Council will be provided with a budget status update, particularly with regard to the State budget, in terms of any changes that I could significantly impact the numbers that were reviewed with the Council today. She stated that the City's Fiscal Year 2007 budget will be submitted to the Council on Monday, April 17, 2006; two weeks prior to April 17, City staff will meet with Council Members for budget briefings; and the public hearing on the fiscal year 2007 budget will be held on Thursday, April 27, 2006, at 7:00 p.m., in the City Council Chamber, with budget study sessions to be held on MayA and 5, 2006, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building. Council Member Cutler inquired about the status of a storm water utility fee; whereupon, the City Manager advised that the consensus of Council was that this is not the year to enact the fee, and a storm water utility fee could be tied in with an appropriate reduction in the real estate tax rate in a future fiscal year. There being no further business, the Mayor declared the meeting adjourned at 1 :25 p.m. APPROVED ATTEST: /1' ~~,.j-- ,;;~:~ Mary F~. Parker City Clerk \(·~~o~~ I Mayor I I I 247 REGULAR WEEKLY SESSIONm-ROANOKE CITY COUNCIL March 6, 2006 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, March 6, 2006, at 9:00 a.m., in Room 1 S9, 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 I, Reqular 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 (arrived late), Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor C. Nelson Harrismm_.h..mmmmmmnnmnmm__..hnmmmmnmnnuh_m6. ABSENT: Council Member Brian J. Wishneffnmmm-mmnmn---nmmnmnl . 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. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees· appointed by Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Council Member Cutler moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick and Mayor H a rri s - _nn_ - - --. - - - 00 nn - __ _ _ __ __ - - - - Un n -. __ _ __00 _ _ _ _ _ 000__. 0 __ __0000 _ _ 00000000_ __0000 00 00 00000. 00 00 __00 - - - - 5 . NAYS: Non e ___nn___n_n______nn_____n_h__n_nnn___nOn___n_nn____.nnn__000000___000. (Council Member Wishneff was absent.) (Council Member Lea arrived late.) 248 CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. I Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick and Mayor H a rri s _nnnnnnn - - 0000-0000 - - 00 00000000 00 - - 00-00 - - 0000 - - - - - - - - 00 00 nn 00 - - 00 - -00000000 - - - 00 -00000000000000- -: 5 . NA YS: Non e n_nnnn______nnn__nnn_nnnnnn____nnn______nnmnn_________---0000-0. (Council Member Wishneff was absent.) (Council Member Lea arrived late.) TOPICS FOR DIS" NONE. .;--..¡ BY THE MAYOR AND MEMBERS OF COUNCIL: ITEMS LISTED C""i :it, 2:00 P. M., COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICl:. ;:,ND ADDITIONS/DELETIONS TO THE 2:00 P. M., I AGENDA: NONE. ITEMS FOR DISCU~·c;:¡;'-l AT A JOINT MEETING OF COUNCIL AND THE INDUSTRIAL DEVELOPME.N ¡ AUTHORITY ON MONDAY, APRIL 3, 2006 AT 12:00 P.M.: The Mayor suggested that agenda items be submitted to the City Clerk. BRIEFINGS: CELEBRATIONS: Mayor Harris advised that the year 2007 will mark the 125'" anniversary of the founding of the City of Roanoke, and just as the City's 50"', 75t", and 1 00'" anniversaries were honored, Roanoke will celebrate its 125'" anniversary. He stated that Clifton B. "Chip" Woodrum, III, and Wendell H. Butler have agreed to Co-chair the Anniversary Committee, which will consist of approximately 12 - 14 persons; and the proposed calendar of events will include three major components: (1) a Roanoke Arts Festival, (2) small weekend celebratory events to highlight important historical landmarks, businesses, and accomplishments, and (3) activities commemorating the 400'" birthday celebration of Jamestown and honoring its historical impact on the City Roanoke. He explained that the Arts Festival will invite, utilize and showcase various arts and cultural organizations in the City and the region, and I I I I .,", ~ ~ >:,,\;;." .:....:~;~ :' :,'. ~ ~}..':" ~¡;: ;::;':;":": . .,oJ.:";: :'~G::;;:¡ 249 coordinate various performances and events of certain organizations into an extended weekend or week of events, which may continue as a regional annual event similar to the Virginia Arts Festival which is held in the Tidewater area. He stated that it would be advantageous to retain the services of an individual with expertise in special events and fund raising to coordinate activities. He requested input by Council in order to provide direction to the City Manager. The City Manager stated that three elements of celebrations are under consideration for 2007, and most communities have been responsive to the Jamestown 2007 celebration. She advised that efforts are underway to host a conference for railroad enthusiasts,.a kickoff including an Annual Arts Festival is anticipated to be held in the fall to offset the Arts Festival which is held in the Tidewater area in the spring; and first year activities will include a three and one-half to four day event, beginning with a major gala reception on a Thursday evening, to be followed by performances of local arts and cultural organizations at a higher level than a normal Friday, Saturday or Sunday performance. She stated that in addition to the Arts Festival and Jamestown 2007 celebrations, there could be a number of mini-celebrations throughout the 2007 calendar year to celebrate the City's 125'h anniversary that would require the services of an executive director to focus on coordination of events. As examples, the City Manager advised that the City would like to: · showcase all businesses in the community that have operated in the City of Roanoke for 125 years; · celebrate churches that have been in existence in the City of Roanoke for the last 125 years; · showcase various attractions that reflect Roanoke's history, such as the antique road show; · showcase a major author who is associated with the Commonwealth of Virginia and the City of Roanoke for a presentation with regard to family genealogy; · showcase various fashion eras over the past 125 years, using dolls or mannequins that could be dressed in period clothing; · showcase a play at Mill Mountain Theatre in honor of the City's 125'h anniversary The City Manager stated that small events will take place throughout the year, culminating in an Arts Festival as the major event to celebrate 125 years of the City's history in the fall. She further stated that a sufficient amount of brainstorming has gone into the concept and the process has reached the point where the service of an event planner is needed, seed funds should be included in the 2007 fiscal year budget, and the Art Festival, which will be a major expense, will be held in fiscal year 2008. She advised that it is anticipated that several fund raising events will be held to help fund the Arts Festival which are generally funded through municipal governments, private sector donations, and ticket revenues. She explained that the City should begin to put in place certain 250 fund raising activities so that responsibility for funding does not fall exclusively to the City of Roanoke, and with the Council's concurrence, a request will be included on a future Council agenda for approval to engage the services of an events coordinator by June 30, 2006, and to include seed funds in the fiscal year 2007 budget, with the understanding that 2006 will be the year for planning and fundraising and fiscal year 2007 will be the year for major expenses associated with the Arts Festival. Mayor Harris called for suggestions by Council Members. Council Member Cutler called attention to a Monacan Indian group in Amherst County whose representatives' work as interpreters at Virginia's Explore Park, and archeological sites such as the Buzzard Rock location along the Roanoke River that are known to be Native American habitations which could provide another dimension to Roanoke's celebration. Council Member Dowe suggested a small celebration in honor of Oliver White Hill. Council Member McDaniel stated that the celebration would provide an opportunity to showcase Roanoke's neighborhoods; the Raleigh Court Land Company was formed in 1907 and the Raleigh Court neighborhood plans to celebrate its 100th Anniversary in conjunction with the City's 125th anniversary. She suggested that other neighborhoods be invited to celebrate their milestones, and that families and neighborhoods be encouraged to research their history. Vice-Mayor Fitzpatrick suggested that neighborhoods could be invited to· sponsor floats in a parade recognizing the City's 12 5th anniversary. Council Member Lea entered the meeting. Council Member Cutler suggested the use of historical markers that could be placed strategically throughout the City of Roanoke indicating the location of various historic buildings and landmarks. Council Member Dowe stated that Asheville, North Carolina, has enhanced the region by advertising the assets of the community on a national basis. Mayor Harris expressed appreciation for the suggestions offered by Council Members and advised that Council will receive periodic updates with regard to proposed activities. Mayor Harris left the meeting and the Vice·Mayor took the Chair. I I I I I I ",. I '." :," I ,.' ~. : :" "", ."".", /:" 'f~:'):;~' 251 HOUSING/AUTHORITY: On Monday, February 6, 2006, Total Action Against Poverty requested the City's assistance, through appropriation of funds and a letter of support to the U. S. Department of Housing and Urban Development, to renovate the Terrace Apartments, and the request having been referred to the City Manager for study and report to Council, the matter was again before the body. The City Manager advised that it was unusual for such an application to come directly to the Council, and numerous requests have been received in past years for letters of support for tax credit applications, and with the exception of those projects planned by the Roanoke Redevelopment and Housing Authority, the City of Roanoke has forwarded letters of opposition. She stated that letters of opposition have caused no points to be awarded to a specific project, but because TAP has not only requested a letter of support, but a request for Community Development Block Grant funds, the City engaged in a rigorous evaluation of the Terrace Apartments renovation application, which involved discussions with TAP representatives. She added that the City has until March 25, 2006, to make a decision on any action to be taken, however, TAP has requested that Council make a decision today in order to provide sufficient time to complete the application to HUD. She called attention to two pending letters of support by other organizations, and advised that unless there are objections by the Council, the City administration would handle the requests in the same manner as past· requests have been addressed through an administrative review and reach a decision based upon previously established City Council policy. The City Manager called upon Ford Weber, Director, Department of Housing and Neighborhood Services, for the follOWing presentation: Council's HUD Policv (Adopted 2001) Purpose of which is to promote home ownership, eradicate substandard housing, and make a stronger, more visible impact on neighborhood revitalization going beyond the initial project. · Council's Targeted Reinvestment Strategy was first implemented in southeast Roanoke and is currently being implemented in Gainsboro, with Hurt Park, Loudon-Melrose, Gilmer, Old Southwest, and Washington Park to follow. Strateqic Housinq Plan (Adopted by City Council in January 2006) · Goal 1 - Arrest the decline in housing conditions · Goal 2 - Stop population loss · Goal 3 . Increase income levels in the City 252 Demoqraphic Trends in Citv I .Decrease in the number of housing units .Aging housing stock .Lower ownership/high renter percentage: 56% home ownership in the City, wherein the region as a whole is near 80% 44% rental in City of Roanoke, 23% in Roanoke County .Declining population (5%) despite regional gains (7%) from 1980- 2000 City no longer has enough neighborhoods of choice competing effectively with suburbs, meaning people with economic choice tend to move out of the community .Income Gap between City and Suburbs: Area MFI Povertv City of Roanoke $27,492 15.95% Roanoke County . $47,838 4.46% Nearly one out of every six City residents live in poverty, whereas one out of every 22 residents in the region as a whole live in poverty Overview of Terrace Apartments Proposal I Current Status: · 22 S Units; 95% occupied · Natural gas, forced air heating system · Tenants do not pay for utilities · Aging kitchen appliances and cabinets · Not an eyesore, not substandard, but a tired development · Acquired April 2005 for $3.55 Million Terrace Apartments Rent/Utilitv Structure ..... -....- ...... _, u._u.__· # Units Type Current Proposed Utility Total Rental Rent Cost Cost . .. 8 1 BR $350 5360 $75 $435 ----- -... 8 1 BR $350 $410 $75 $485 -. ... .. _n_ --. 37 2 BR $395 $455 $90 $545 18 2 BR $395 $495 $90 . $585 -- __ ___n.. _ "__ .__.. ....-. 8 3 BR $425 $545 $107 $652 ..- I .... ".:" ',.'. :.;;'¡.t¡f:"t· 253 I Three different redevelopment or reinvestment scenarios proposed for the complex, which may be adjusted or modified to become more competitive, and become a catalyst for the community: I ..- -----.--.' ..... --.." ..----- Item Scenario Scenario Scenario One Two Three .---. N~w heating system X X X -..- New appliances X X X ---- ..- New cabinets X X X ..... ------ Gutters/downspouts X X X .. -.. ..... Ste ps re pai red X X X .--..--. Air conditioning X - .-. - Windows repaired X ..------ --- Windows replaced X X ".----- Sidewalks repaired X X -- Playground & B-Ball Co~.!.~_. X -- New laundry rooms X --.-- -- Accessible units 8 8 ._---. Density - 1 5 - 1 5 ------ Market rate units 8 Cost to City 0 0 $250,000.00 - - - ... HUD Funds 2006-2007 HUD funds were recently cut for the coming fiscal year (2006 - 2007): CDBG was cut by 10% ($201 ,000.00) HOME was cut by 6% ($43,000.00) Additional cuts are anticipated for the 2007 - 2008 fiscal year. The City has $771,758.00 in CDBG and HOME funds available for Community Development requests during the 2006 - 2007 fiscal year. Requests for grants totaled $2,178,350.00. I 254 CDBG/HOME Fundinq: I CDBG/HOME Community Development Applicants Total CDBG/HOME fu - ._". # Applications Total applied for: .. ....- evelopment Corp. 2 $ 721,754.00 ---. ...- .- nt Living Center 1 $ 65,833.00 ---. - ---- anoke Valley 1 $ 30,000.00 .---._- rhood Services, Dept. of 5 $ 430,900.00 .---...-.. .. Health & Wellness Center 1 $ 83,750.00 n__ -. 1 $ 72,973.00 Roanoke ..--. 1 $ 25,000.00 ---.--. .. 1 $ 200,000.00 .__".___n 4 $ 418,140.00 --... ____.n on . IIey 2 $ 130,000.00 .-- .... Total Requests 19 $2,178,350.00 .. -... ---- nds available for requests $ 771,758.00 ---.-. .." .------ ...- . Applicant Blue Ridge Housing D __..on __ Blue Ridge Independe Family Services of Ro .___. __d.._._ Housing and Neighbo Kuumbä-Community Police Department -- ...--- Rebuilding Together TBI Family Services TAP YWCA of Roanoke Va Real Propertv Taxes · Real Estate Valuation staff estimates the value of the property under scenarios two and three to increase by approximately 37% ($20,230.00/yr) due to HUD/L1HTC limitations on rental income. · Revenue would increase by even less if the project receives rehabilitation tax abatement. I Citv's L1HTC OPtions · Oppose the Application · Neutral Position · Support the Application o Points 25 Points 50 Points Recommendation: The Administration recommends a neutral position without any City funding. · A neutral pOSitIOn is better than the City's current policy of opposing L1HTC projects. · The entire complex can be upgraded under Scenario One without any City funds. · The City has prior commitments to other community development projects based on adopted policy. This project is not located within any of the six targeted neighborhoods identified for redevelopment activities. I I I I . '::::\!~ 255 . There is no guarantee tinder Scenarios 2 or 3 that the entire complex will eventually be upgraded. Council Member Cutler requested clarification on the statement that "There is no guarantee under Scenarios 2 or 3 that the entire complex will eventually be upgraded".· Mr. Weber stated that Scenarios 2 and 3 would· address 93 units out of 225, and address the balance of units at a future date, which is contingent upon other funding mechanisms and other development plans, therefore, there is no guarantee that they would be carried out. The City Manager advised that TAP would have to make application for tax credits in a subsequent year; the number of applications cannot be predicted or the competitiveness of applications in a subsequent year; therefore, the only guarantee, assuming TAP receives the tax credits, is that 93 units will be completed. Council Member Cutler inquired as to the funding source for the $500,000.00 previously requested by TAP; whereupon, the City Manager advised that because Scenario NO.3 divides the project, the assumption is that only a portion of the $500,000.00 will be necessary this year, with the remainder of funds to be requested in a subsequent year. She explained that the City has more applications for CDBG funding than the City has the capability to address, and TAP was included on the list of outstanding requests, however, the total amount of funds a'pplied for did not include the Terrace Apartments renovation. Council Member Lea: asked for a clarification with regard to the staff recommendation; whereupon, the City Manager advised that the City could forward a letter of support, without funding, however, TAP previously requested a letter of support and $500,000.00 over a certain period of time. Theodore J. Edlich, III, President, TAP, spoke in support of separating the request for funds from the letter of support, and advised that although TAP would like to have financial assistance from the City of Roanoke, a letter of support would be more important to the project. Therefore, he requested that Council entertain a letter of support; without financial assistance, which would increase the chances of receiving maximum funding for the project from HUD. He stated that TAP will continue to look for other funding sources to replace the money that was requested from the City. Council Member Dowe referred to a statement made by staff that the project could have a catalytic affect on the neighborhood, and inquired as to who would be responsible for monitoring the outcome. 256· As an example, the City Manager referred to the Southeast By Design I project which ensured an increase in the assessed value of properties in southeast Roanoke, and, due in part to the City's investment in the community, more business owners are willing to make improvements to the facades of their buildings and some new businesses have moved into the southeast area. However, she stated that there is not enough HUD money for the City to improve a total neighborhood, therefore, the City has tried to measure the dollar investment, which is a catalyst for private investment, whether by banks or individuals. In summary, she advised that one of the measures is to look at property assessments and whether assessments are growing in a community where they might have been lagging behind. Council Member Dowe asked for a definition of the term "tired development"; whereupon, Mr. Weber stated that the term was derived from information provided by TAP which stated that the apartment complex needs renewal and is an aging structure that is over 50 years old. The City Manager advised that City staff reviews all of the needs as a community and the first priority is to eliminate the City's substandard housing; funds are included in the upcoming CDBG budget known as "derelict structure money" to be used for the specific purpose of acquiring properties that are substandard for rehabilitation, and if certain structures cannot be rehabilitated I they should be demolished. She advised that when considering substandard versus standard or tired housing, the Terrace Apartments project could use some help, but they are not included in the substandard category. Mr. Edlich reiterated his previous request to remove a request for CDBG funds from consideration, and that the City issue a letter of support of TAP's application for tax credits to HUD. Council Member Dowe inquired as to the role of the City when competing with other agencies· for funds; whereupon, the City Manager advised that funding recommendations are submitted to a committee composed of individuals that are both part of the City organization and outside of the City organization which evaluates all applications based upon City policy. She explained that the City has attempted to address issues relating to low income tax credit requests by de·concentrating poverty within the City; as an urban community, the City of Roanoke should be the place of choice and need by many people, but the concentration of poverty has worked against the City, and to some extent, the concentration of poverty also addresses segregation in Roanoke. Council Member Lea moved that the City Manager be authorized to issue I a letter of support of tax credits to HUD for renovation of the Terrace Apartments, as requested by Total Action Against Poverty without CDBG funding. The motion was seconded by Council Member Cutler. I I I _." '1"; 'J(~I,:'; 257 Council Member Cutler inquired if the City's support of the application for tax credits will reduce the opportunity for other projects to compete for funds; whereupon, Susheela Shanta, President, Development Initiatives, Inc., stated that the letter of support is a form letter which states that the City of . . Roanoke supports the application, with no commitment of funds. She emphasized the significance of the City's support of the Terrace Apartments· project, and advised that no financial support by the City will still ensure a pOSition in the ranking, although it does not mean that the project will be funded, but could leverage approximately $8 . $10 million· of funding from various private and public sources from outside the region. She stated that there would be no competition for any other City funds by supporting the project. Council Member McDaniel spoke in support of the City's policy with regard to no additional low·income housing in the neighborhoods; however, in reality, the Terrace Apartments currently exist and are owned by TAP, and TAP's proposal, which has the support of the Wasena and Raleigh Court Civic Leagues, is an opportunity to improve the apartments. She stated that although she did not believe that the project will have a catalytic affect. on the surrounding neighborhood, some homeowners will be appreciative of the fact that the Terrace Apartments will be properly maintained and more aesthetically pleaSing. Therefore, she advised that she would vote in favor of a letter of support. The motion was adopted by the following·vote: AYES: Council Members Lea, McDaniel, Cutler, Dowe and Vice-Mayor F itz pat ri c k nn 00.0000 00 000000..00 nun .00.00·....00 nun 00.. noon 00 0000.....000000 00 000000'_ 000000..000000.. 5 . NAYS: No n e_n____nu...uuu..._uuu.....nuun.uu.____nn___nn_____n_n00..000000...000. (Mayor Harris was not present when the vote was recorded}. (Council Member Wishneff was absent.) CELEBRATIONS-SPORTS ACTIVITIES: R. Brian Townsend, Director, Planning, Building and Economic Development, reviewed a video presentation regarding the "U. S. Challenge" presented by FORTUNE magazine, which will be held in the Roanoke Valley.on October 20 - 21, 2006. The "U. S. Challenge" is described as follows: The Roanoke Valley Convention & Visitors Bureau Sports Marketing Committee has a stellar record of competing' and winning bids· to bring major sports events and millions of dollars to the Roanoke Valley. Today, the Roanoke Valley Convention & Visitors Bureau and regional partners announced that the 2006 U. S. Challenge, organized by Challenger World, will take place in the heart of the Blue Ridge Mountains on October 20 . 21, 2006. 258 U. S; Challenge, 'a national event presented by FORTUNE magazine, is part of the world's fastest growing teambuilding concepts, designed to create great teams for business. Up to 70 companies will develop teams, consisting of five individuals, to compete in the event, which is intended to inspire staff, energize business and increase productivity through teambuilding. Over two action packed days and nights, athletes might be kayaking through fast flowing. rivers, scaling the Blue Ridge Mountains, navigating through forests at night, cracking codes or engineering tasks using the simplest to the most complex equipment. Challenger World uses a specialized formula called Intelligent Sports™ to challenge competing teams. To succeed, teams must show intelligence, strong communication skills, teamwork and the ability to strategize. In 2005, over 300 teams.. from FORTUNE 500 businesses, including Accenture, Cisco Systems, Dell, Microsoft, First National Bank and Volvo competed in challenges around the world. I The U. S. Challenge will be regional in scope. Partners include the County of Roanoke, City of Roanoke, City of Salem, Town of Vinton, County of Botetourt, County of Franklin, Roanoke Regional Chamber of Commerce, Roanoke Valley Economic Development Partnership and the Roanoke Valley Convention & Visitors Bureau. With the use of facilities in multiple jurisdictions and the impact it. has on businesses, this event will benefit the entire Roanoke Valley. I The U. S. Challenge will provide incredible exposure for the Roanoke Valley. With over $750,000.00 in pre-event promotions, Challenger World will place full-page, color advertisements in publications such as FORTUNE and Delta Sky magazines. Additionally, a 30 minute television spot will be produced to air after the event, providing even more coverage and promotion for the Roanoke Valley on both a national and international level. The U. S. Challenge will provide the opportunity to showcase the . Valley's outstanding outdoor amenities, as well as its lifestyle and business attributes. Mr. Townsend stated that "U. S. Challenge" representatives considered approximately ten different locations within the region to stage events, they plan to return to the Roanoke Valley in April to select actual venues, and an interest has been expressed in Carvins Cove for water related activities. He added that representatives of the Roanoke Valley Convention and Visitor's I Bureau will have an opportunity to meet with organizers, and it is anticipated that some of the major employers in the· Roanoke Valley will be invited to attend an activity on April 25 in which local businesses will be invited to either participate with a team and/or sponsor the participation of athletes; I I I . ...... . 'J;..:~ . : .,,~ 259 Delta Airlines has included information on the event in Sky magazine which has provided a considerable amount of exposure to the region; and Fortune magazine will provide approximately $.5 million worth of exposure and advertisement for the event between now and October, 2006; and with a $10,000.00 commitment by the City of Roanoke ($5,000.00 this fiscal year and $5,000.00 next fiscal year) to help sponsor the event, as well as support by Roanoke County, the Roanoke Valley Regional Chamber of Commerce, and the Roanoke Valley Convention and Visitors Bureau, the event will receive a considerable amount of free publicity. He stated that the Department of Parks and Recreation will work with organizers of the event with regard to venue locations and other types of activities, it is anticipated that at least 70 teams, consisting of five members each will participate, and· representatives of participating businesses will visit the Roanoke Valley for the award ceremony which will be held on Saturday evening following completion of events. Mr. Townsend advised that the entry or participation fee, which includes lodging, etc., will range from $7,000.00 to $9,000.00, depending on the number of teams that are enrolled by a speCific business. Council Member Dowe called attention to another opportunity to showcase the Roanoke Valley through the Emerging Leaders Workshop, which includes top African American students in mathematics and science, who visit the Roanoke Valley in conjunction with Virginia Tech. The City Manager pointed out that numerous company Presidents and Chief Executive Officers will attend the closing activities on Saturday evening which could be an opportunity to showcase the quality of life in the Roanoke Valley. Council Member McDaniel inquired about the availability of the new DVD; whereupon, Mr. Townsend advised that the DVD, which contains a list of sponsors from last year's event that was held in Asheville, North Carolina, is available on the website, and will also be included with information regarding the event. Ms. McDaniel suggested that the Roanoke Valley region be listed on the DVD, especially if the information will be used for recruiting purposes this year. Depending on the success of the event in 2006, Mr. Townsend advised that the issue of rotating sponsorship between regions could be discussed, the first location to host the event in the United States was Asheville, North Carolina, and the City of Roanoke was in competition with Charlottesville, Virginia, and a locality in the State of Kentucky to host the second United States event. 260 Vice-Mayor Fitzpatrick suggested that colleges and universities in the Roanoke Valley, especially Virginia Tech, be invited to serve as major sponsors. I He stated that on Saturday, October 21, a special welcome to Roanoke activities/amenities should be provided at the Roanoke Regional Airport upon arrival of Chief Executive Officers representing the various' businesses to showcase the quality of life in the Roanoke Valley. He congratulated all persons who have participated in the process and advised that the U. S. Challenge will be a great opportunity for the Roanoke Valley as a region. . PARKS AND RECREATION-GREENWAYS: Louis "Donnie" Underwood, Parks and Greenways Planner, presented an overview of the following information with regard to pathways to healthier neighborhoods, arid an active living approach to neighborhood planning (greenways): Backqround Chronic diseases· such as heart disease, cancer, and diabetes are the leading causes of death and disability in the Uniteq States. These diseases account for seven of every ten deaths .and affect the quality of life of 90 million Americans. As the average American's lifestyle grows less active and more isolated, the results of a public- health check-up are not encouraging. The biggest indicator of an overall slowdown in physical activity is the obesity rate, surging nationwide, most alarmingly among children, 30% of whom are overweight. Obesity, along with heart disease and diabetes, is exacerbated by a sedentary lifestyle. All of these diseases also dramatically affect the aging population, among whom over 60% are inactive; this age group also suffers overwhelmingly from. depression and mental illness, which can be heightened or prolonged by social isolation. I Although chronic diseases are among the most common and .costly health problems, they are also among the most preventable. The prevalence of overweight among children aged six to 11 has more than doubled in the past 20 years, going from seven per cent in 1980 to 16% in 2002. The rate among adolescents, aged 12 to 19, more than tripled, increasing from five per cent to 16%. Overweight is the result of caloric imbalance (too few calories expended for the amount of calories consumed) and is mediated by gerietics and health. An estimated 61 % of overweight young people have at least one additional risk factor for heart disease, such as high cholesterol or high blood pressure. Additionally, children who are overweight are at greater risk for bone and joint problëms, sleep apnea, and social and psychological problems such as stigmatization and poor self-esteem. I -. .::.:,::: ;J::;:..~/~;' 261 I Originally, the field of Parks and Recreation was created to heal a society, to bring literally new life into the urban, industrial landscape by bringing greenspace into the toxic urban fabric of the 19'" century and to give hope and anticipation back to citizens by implementing fun and enjoyable programming for the tired and depressed American workforce. Over the decades, the profeSSion somewhat lost its roots and original value system, replacing it instead with years of justifications through· a public relations drought resulting in society associating Parks and Recreation as. simply "fun and games". I It was not until late in the 20th century, that the profession began to sense that a shift was necessary; a repositioning that brought us "back to the future" in a sense where we slowly began to quantify the benefits provided to the user-base. It is no longer about how many people are enrolled for programs, rather it is about the. empirical evidence that Parks and Recreation produces. The mission is to produce tangible results that quantify such .attributes as a reduction in the chronic disease mortality rate in neighborhoods, the ability to increase property values through sales data and tax assessment via properly planned and managed· greenspace, improvements to landscapes by the creation and protection of parks and conservation areas through land use policy which will enhance water and air resources, and successes in creating opportunities for obesity rates of children to falter due·to safer routes to school. When given the above evidence, it becomes logical to determine that the harvest or yield or the worth of Parks and Recreation far exceeds the boundaries of the polygons within our communities that are called parks, for the benefits of leisure services seep into and saturate every nitch of society, from urban land use planning, to economic development, tourism, public health, education and learning, livability, design, character, and comfort. It is no wonder that so many communities now label themselves as 'City's Within A Park.' Current Data and Research I A high quality environment is essential for both children and adults to achieve optimal health and development. Building and land-use policies, including the quality and design of a child's physical environment, can help to cause or prevent illness, disability and injury, and degrade or preserve natural resources. As children grow and mature, the scope of their environment predictably expands per their built environment as a central factor in this progression. With proper planning and management through 262 urban' park systems via green infrastructure administration, the , City's built environment and land-us'e policies have the opportunity to promote safety, health and optimal development, while simultaneously preserving future natural resources through neighborhood greenway and trail systems. I Quality land-use planning and urban design protects human health and quality of life and preserves essential natural resources via greenways, open space, forests and clean water supplies. A healthy community is not just one with excellent medical care, it is one with an environment that encourages physical activity and social contact and provides healthy air and landscapes. In many communities and urban centers, urban sprawl has crept into forests and open spaces with ever widening roadways, but with little thought to alternate forms of transportation that could be created within the given landscape. The CDC (Center for Disease Control) states that even a moderate amount of regular phYSical activity and social interaction could have a dramatic effect on these statistics. However, there are a number of disincentives to Americans getting out and about more often, and recent studies from both the planning and public-health professions locate many of them in the places where we live and work; more times than not, the way in which public spaces look· and the ways in which they function do not create the need, the desire, nor the opportunity for people to walk, jog, hike, or bicycle- let alone get more active types of exercise. I Our society seems to devote a majority of its time to relatively isolated, private activities; for instance, studies show that larger numbers of hours spent watching television, playing video games and surfing the Internet have eaten into What was formerly social and active time for both children and adults, and these activities could therefore be tied to depression and other diseases related to inactivity and isolation. Moreover, we need to ask ourselves what happens when people do venture outside. The lack of connected trails, unavailable sidewalk development, non-existent safe routes to schools, and the lack of interesting landscapes discourage physical activity. In their cost-benefit analysis of PhYSical Activity of Using Trails, Dr.'s Wang, Macera, Schmid, and Buchner of the Center for Disease Control (CDC) found that for every $1 invested in trails, a $2.94 direct medical benefit was yielded to the community. The CDC found that because of the health and economic burden of physical inactivity, promoting physical activity has become a public health· I ". :"::' ,~. . '<:~" ~~)"Úi\ 263 I priority. Studies have shown that' lifestyle interventions are as effective as structured interventions in increasing physical activity. For actfvities s~ch as walking and cycling, availability of greenway trails, sidewalks and bicycle routes is an important element needed to incorporate physical activity into everyday life. Indeed, lack of accessible facilities has been identified as a deterrent to a phYSically active lifestyle. I A rapidly emerging field of research focused on active living is uncovering how various factors influence phYSical activity, with the goal of developing guidelines and policies for design, planning, and management. The National Recreation & Park Association has published significant leisure research regarding Active Living over the years; and one such examination was regarding the renaissance of Chicago's urban landscape. In concert with Chicago's urban parks, bicycle and pedestrian trail systems have been identified as important outdoor settings for active . living for a number of reasons: they cater to phYSical activities that can be adopted and adhered to by a broad spectrum of the public, their typical off- street and natural location in parks, former alleys, and greenways provide safe and attractive environments that further encourage use, and their length and. the modes of movement (walking, jogging, bicycling, cross country skiing,. and in-line skating) for which they are designed facilitate .use for both leisure and utilitarian purposes.· Although' .theoriginal focus. of the investigations was on the recreational dimensions 'of trail use, characteristics of the data collected lent themselves to reinterpretation from an active living perspective. One other sample group comes from Greensboro, North Carolina, where the Parks and Recreation Departments Division of Greenways and Trails partnered successfully with Moses Cone/Wesley Long Health Foundation and obtained $294K in private planning funding to develop Greensboro's Greenway Trails Plan that targets and prioritizes greenway trail needs. The Challenae I The task in Roanoke is to create active neighborhood linkages through a micro-scale greenway and trails planning tool that connects both greens paces and great places that can in turn provide the rationale for a range of solutions to foster health and livability.· Making neighborhoods and Village Centers more navigable for strollers, walkers and bikers may promote phYSical and social activity - but it may not be a fruitful activity unless this accessibility is linked to great places and has a direct impact on the community's chronic health related issues. 264 A "healthy" Roanoke, is made up of places that are valued by and accessible to everyone in their neighborhood: parks for recreation, play, and relaxation; streetscapes and sidewalks where neighbors meet and people can shop, jog and stroll; and downtown or community markets with fresh produce, food, festivals, theatre and other goods. Such places are also the "front porches" of public institutions: city halls, libraries, schools, and post offices. These places must be situated so that people can conveniently reach them on foot or by transit. Psychologically, .thriving public spaces give residents a strong sense of community, and promote the kinds of familiarity and social bonds that make neighborhoods safer and healthier. They are critical to livable. cities and healthy communities! I Four distinctive traits make a "healthy" place: A) Access and Linkages - According to the Department of Transportation, 25 percent of all trips are less than a mile, but 75 percent of those trips are made by car. That 75 percent could be reduced if the design of neighborhoods facilitated other forms of active transport. Instead, communities have been typically based upon streets too wide to cross comfortably, traffic that moves too quickly, and an absence of neighborhood design that addressed. greenway trails, sidewalks, crosswalks, and bike lanes. Access means a truly public space, one that is available and easy to reach for people of all incomes and backgrounds. I B) Uses and Activities - Intriguing and beautifully designed space is not very valuable if people do not use it. A community-based planning process lets all the stakeholders - including residents, City staff, local leaders and merchants - define what goes on in a place. When ideas come from the ground up, not the top down, the events, programs, recreation, and play areas in a public space are truly connected to the communiti.es that use them. In addition, partnerships among local organizations, merchants associations, and government agencies act as new sources of ideas for activities and help a public space become a true "community place." Planning for uses and activities in this way promotes sustainability and use, and therefore activity. C) Comfort and Image· - Rather than being satisfied with neighborhood design where vehicles tend to dominate, there is a stigma that suggests Simply walking down the street is the limit to . our opportunity. Great places that are designed to be appealing, enjoyable, and convenient provide an incentive to getting people out and about - they become attractions and destinations within themselves, like a greenway trail that meanders through a managed I I I I :,',,'," " '," ..:~ .;.. .:. ; :,:-., :.' :' " ~, ';;i'!" . ".õ" .'. ~~;. ~'~':'~;'.:' 265 landscaped corridor that once was an unsightly alley, or a shady retail streetscape with wide sidewalks, outdoor dining, benches, or a park that supports a range of active and passive uses where ADA access is the norm rather than the exception. Shade trees, comfortable places to sit, water fountains, waste receptacles, good views, places that encourage children, and adequate (but not overbearing) lighting, all of these amenities make people feel good about being in a public space. D) Sociability - Like physical activity, research has· shown that sociability can play a role in alleviating depression, which is strongly linked to isolation and disconnectedness.. It can draw people out of the house and into community life - and it is the . critical identifier· of every great public space. Sociability is measured by public displays of affection, diversity, volunteerism, even people taking pictures and pointing out neighborhood monuments and special features. Conclusion Per the endorsement of Roanoke's Parks and Recreation Advisory Board, Parks and Recreation shall champion the effort for bringing active opportunities into neighborhoods via· Roanoke's own greenway and trails master planning process. Thus. far in bringing together Roanoke's division heads in Public Works, Transportation, Engineering, and Planning/Economic Development, a position has been identified that a detailed planning tool needs to be created that provides clear direction and prioritization of the City's greenways and trails system. By bringing Roanoke's leadership to the table with the likes of Carilion, the Roanoke City School System, . the Health Department, and Virginia Tech, the goal is to create the scope of work necessary to produce an award-winning proposal for both the Robert Wood Johnson Foundation's Active Living Research, as well as Carilion's Health Foundation in an effort to obtain the· necessary planning funds that would lead to the development of a n~jqhborhood based qreenwav and trails plan; Pathways to Healthier . Neighborhoods; An· Active Living Approach to Neighborhood Planning, which, in-turn, would become part of Roanoke's Comprehensive Plan. In closing, and on behalf of the Parks and Greenways Planning and Development sector of Roanoke Parks and Recreation, Mr. Underwood expressed appreciation for the support of Council to move forward and to make the City of Roanoke a national destination for relocation, retirement, outdoor recreation, and livability. 266· Council Member Cutler inquired if there is an agreement with the Departments of Economic Development and Engineering to include the concept I in future neighborhood plans; whereupon, Mr. Underwood stated that staff of the Parks and Recreation and Economic Development Departments are working together, and there is a long-term process for developing plans for businesses and a short-term process for developing neighborhood plans. Dr. Cutler inquired if the concept would fit in with CDBG funds for Gainsboro, or fall in line with the Southeast by Design project; whereupon, the City Manager advised that it is not in the Gainsboro plan at this point, but could be included if there is an interest by the neighborhood becaUse development of greenways could be seen as an infrastructure element and could be financed. She stated that this type of approach is different from previous greenway planning as major connections, and the concept presented by Mr. Underwood looks at the positioning of greenways and trails in a way that promotes walking by citizens to transact business, as opposed to using greenway trails for recreational purposes only. Council Member Cutler stated that the City should determine the locations where people would like to live and then decide on the logical corridors for transportation. Vice-Mayor Fitzpatrick spoke in support of the concept and the I involvement by Carilion. In addition, he suggested involvement by HCA . because the City reaches into HCA's general service area. He asked that Council be advised of continuing progress. Council Member Cutler inquired about the construction schedule for the Lick Run Greenway Project; whereupon, Mr. Underwood advised that· a preconstruction meeting is scheduled in the near future with the contractor. Dr. Cutler further inquired if the Lick Run Project provides connectors to Addison Middle School and Lincoln Terrace Elementary School; whereupon, Mr. Underwood stated that City staff could look into the possibility.· At 10:55 a.m., the Vice-Mayor declared the meeting in recess, to be reconvened at 11 :30 a.m., in the Council's Conference Room, Rom 451, Noel C. Taylor Municipal Building, for one closed session. The Council meeting reconvened at 12:00 p.m., on Monday, March 6, 2006, in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a joint meeting of the Roanoke City Council, the Roanoke County Board of Supervisors and the Western Virginia Water Authority, with Mayor C. Nelson Harris, Chair Michael A. Wray, and Chair M. Rupert Cutler I presiding. I I I .".. '" .'" ¡.. :."' : ~":';';;'. .;.~'-;; . . .,' ~ .:';i . :!; '.:."õ.", ., . .,. ,\".;":... 267 ROANOKE CITY COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris-mnm_mmnm__mn___mm.-nmmnnnm"_mnmhn_____mnm6. ABSENT: Council Member Brian J. Wishneff-mmmm-----mnm-nnmmmm 1. The Mayor declared the existence of a quorum. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Michael W. Altizer, Joseph B. Church, Richard C. Flora, Joseph P. McNamara, and Michael A. Wray, C h ai roo 0000 - - - 000- - - -0000- 000000__00 00_0000 _ _ _ 00000000_ _ _000000.-000000_._ _ 00_00 _ _.- _ _ _ __0000 - - 0000 00 0000__ 00 noon - - 5 . A BS E NT: Non e - -00- 00 __000000 -- noon - - - - 0000 00- 00__00.____ _000000_ _ _ _0000_ - - - _00_ - - _00_0000 -00-'- 00 O. WESTERN VIRGINIA WATER AUTHORITY COMMISSIONERS PRESENT: Michael W. Altizer, Elmer C. Hodge, H. Odell "Fuzzie"· Minnix, Darlene L.. Burcham, Robert C. Lawson, Jr., John B.Williamson, III, and M. Rupert Cutler, <:l1élir-------------------------------------------------,-----------------------------------------------------------ï'. A BS E NT: Non e - 0000 00 00 0000-- 00 __ noon - - - - 00_00 00 - - 00--00 ---00-00__ __ 0000 - - - 00 0000 - - _00_0000 ___00_ O. STAFF PRESENT: Representing the City of Roanoke: Darlene L. Burcham; City Manager; William M. Ha"ckworth, City Attorney; Jesse A.. Hall, Director of Finance; and Mary F. Parker, City Clerk. Representing Roanoke County: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; and Mary Brandt, Office Support Specialist. Representing the Western Virginia Water Authority: Gary Robertson, Executive Director, Water Operation; Michélel T. McEvciy, Executive Director, Wastewater; Harwell M. Darby, Legal Counsel; Robert Benninger, Director of Operations; Mary Sweeney, Assistant Clerk; Bruce M. Grant, Director of Finance and Administrative Services; and Roger Blankenship, Engineer. WATER RESOURCES: On behalf of the City of Roanoke, the host locality, Mayor Harris welcomed the Roanoke County Board of Supervisors and staff and the Western Virginia Water Authority and staff to the meeting. Chair Cutler submitted the first Comprehensive Annual Financial Report of the Western Virginia Water Authority (WVWA) for the year ended June 30, 2005. He then turned the meeting over to the two Co-Directors for a . presentation. 268 Messrs. McEvoy and Robertson jointly presented the following overview of I the Water Authority's history and current programs: Inteqration of Cultures and Operations: · Integrated former City and County utility department employees to create a new Western Virginia Water Authority · Integrated City and County billing systems into a single billing system · Integrated City and County billing staffs to provide a single billing/customer service staff · Integrated Carvins Cove and Spring Hollow water quality laboratories to provide a single lab at Spring Hollow Western Virqinia Water Authoritv Admini~trative Offices: .. Acquired and occupied Coulter Office Building- Spring of 2005 · Consolidated administrative, finance, billing and engineering staffs under one roof · Convenient location for customers and created an identity for the Authority · Receive 175 visitors a day to conduct business Meter Readinq Initiatives: I · Commitment to move from quarterly to bi-monthly reading of residential meters · Pilot project with contract meter readers · Improved route efficiencies · Goal is to provide monthly meter reading for all accounts · Aggressive replacement of large (2" - 10") meters · Continue implementation of automatic meter reading for all accounts Larqe Meter Replacement Proqram: · 100 year old meters are gradually being replaced with much smaller and more efficient meters Water Pollution Control Plant: · $50 million is 65% complete · Increases peak capacity to handle wet weather events · Fully operational by July 2007 I :.>;,.':" 269 I Inflow & Infiltration (1&1): · Public Education Effort - tThe More you Know the Better the Flow' started last Fall · Aimed at getting homeowners to disconnect downspouts and sump pumps · Completed consent order negotiations with the Commonwealth of Virginia · Finalizing collection system plan due January 2007 as required by Consent Order · Replacing Mudlick Creek interceptor in southwest City and County (known as the Garst Mill Project which is a $12 million interceptor upgrade) Capital Improvement Proqram: I · WVWA has increased capital spending for infrastructure improvements from $2 million prior to FY-2005 to over $5 million projected for FY-2007 · Infrastructure improvements will ultimately result in more effective service to customers by: - Minimizing service interruptions due to water line breaks - Improving water pressure and flow delivery Reducing property damage from sewer backups Reducing frequency of overflows from Water Pollution Control Plant Technoloqv: I · Installed treal time' flow measurement devices in sewer system, which will help identify problems and areas for improvements · Installed 'real time' security monitoring and operation óf remote facilities, sends alarm back to Carvins Cove or Spring Hollow · Developed computer models of water and sewer systems which will assist in identifying areas needing upgrades and new interconnections · Website - 300 pages and 6,000 hits monthly · Integrated City and County GIS Systems into one platform with map overlays · Partnered with City on work order system which integrates into the GIS system . · In next fiscal year, provide online viewing of. accounts and online payment 270 Communitv: I · Recognized two consecutive years by United Way for effective campaigns · 'Letter' Sponsor for American Cancer Society's 2005 Relay for Life · Reached 2,500 area students with conservation programs · Fielded teams for Valleywide clean up events · Sponsored award for Regional Science Fair Rate Equalization Plan: · Year two of six-year rate equalization plan has been implemented · WVWA is on schedule to fully implement plan in 2010 · Converted to meter-based· billing structure (meter needs to be sized properly) · Initiated monthly billing for all customers Water & Wastewater Bills: · City Customers - had a rate increase · County Customers - had a small rate decrease · Statewide Average - lower average than statewide average; sewer rate will increase slightly iri the future I 2005 Annual Water and Wastewater Report: · Average City of Roanoke residential water and wastewater rate· was $29.55 · Average County of Roanoke residential water and wastewater rate was $38.75 · Average combined water and wastewater rate for Virginia was $41.53 Water Main Replacement Hollins Road: · Approximately 40 miles of 12" cast iron pipe were installed in the City of Roanoke from 1945 to 1960 · Expected service life for cast iron pipe should be 100+ years · Due to poor manufacturing processes after WW II, break history is greater than expected, and a 12" pipe breakage is very visible · Sections of 12" pipe have been replaced along Orange and Brambleton Avenues through Capital Improvement Projects · Next project is Hollins Road I ,.'. ~,; ..~ .:: fl ...,. , 271 I · Phase I ~ 4,000 lineal feet of 12" water line between Liberty Road and Plantation Road at an estimated cost of $500,000.00 (FY-2007 ClP); paving scheduled for that area will help keep cost down; 13 main breaks occurred in last five years · Phase II - 5,900 lineal feet of 12" water line between Liberty Road and Orange Avenue; five main breaks have occurred in the last five years · Traffic count is 7,500 vehicles per day · Evaluating construction operations - conventional vs. trench less . technology Hollins Road Distribution System: I It was explained that the water system along Hollins Road consists primarily ofa 24" transmission line, installed in the early 1990's and a 12" distribution line, installed in the late 1940's/early 1950's; there are a number of smaller diameter .lines that branch off the 12" line;·the transmission line is one of the major carriers of water to the southeast portion of the City and County from Carvins Cove, and serVes businesses and neighborhoods abutting Hollins Road; the length.of the main segments is approximately two miles from Plantation Road to Orange Avenue; the 1 2-inch distribution main has had· a number of breaks over the past few years;. the Water. Authority's FY-2007 Water Capital Improvement Plan has $500,000.00 budgeted for main replacement along Hollins Road, which is not enough to replace all of the 12" main that could cost in excess of $2M; and a number of alternatives are being reviewed in lieu of main replacement, including trenchless replacement methods, but no decision has been made. Water Supplv Plan: · Commonwealth of Virginia passed legislation. effective November, 2005 which requires localities to develop a water supply plan · Plans must be submitted within three to six years depending on the size of the locality and whether the plan is local or regional in nature; City Council has recommended the regional plan · Anticipated that Roanoke Valley localities will participate in a regional plan and the Roanoke Valley Allegheny Regional Commission (RVARC) has agreed to coordinate development of a water supply plan I 272 . Modify and expand the 2002 Long Range Water Supply Plan prepared by Black and Veatch as the basis for a regional water supply plan (involved Roanoke City, Roanoke County, City of Salem, the Counties of Bedford, Botetourt and Franklin, and may involve the Towns of Rocky Mount, Boones Mill and the City of Bedford) I Mr. Robertson was requested to discuss meetings with representatives of American Electric Power with regard to re-Iicensing of the Smith Mountain Lake Project, and efforts to ensure that development re-Iicensing provides for the use of water upstream from Smith Mountain Lake. Mr. Robertson stated that the 2002 Long Range Water Supply Plan basically provides that at some point in the future, Smith Mountain Lake could be the next locatiop when a new water supply is needed, and in approximately 2050 or 2060, there is a potential that approximately 12 million gallons of water per day may be needed. He stated that Smith Mountain Lake will celebrate its 40th anniversary in March, 2006, and licensing through the Federal Energy Regulatory Commission (FERC) is effective for 40 years, therefore, a re- licensing for Smith Mountain Lake will be required this year. He called attention to instream flow monitoring downstream at Leesville, to the Kerr Reservoir and a Roanoke Log Perch study that is currently underway; and Bedford County is currently taking water out of Smith Mountain Lake as a public water supply, and I the goal is to look at what will be happening in the next 40 years, with the hope that all future studies will take into consideration a 12 million gallon per day withdrawal. He noted that an environmental assessment with regard to the affect on the landscape would most likely be necessary at the immediate point of withdrawal, and it is hoped that it will not be necessary to go downstream of Smith Mountain Lake which would save a considerable amount of time. Chair Cutler inquired if water withdrawal in the Roanoke Valley will be taken into consideration with regard to the re-Iicensing of Smith Mountain Lake; whereupon, Mr. Robertson responded in the affirmative and advised that it is important for both Bedford and Franklin Counties and the Water Authority to be included in the study because it makes sense for the affected localities to work together, . approximately 80 per cent of the water supply study· has been completed, and certain items in the 2002 study are not as detailed as current State requirements and need to be updated. With r~spect to the Smith Mountain Lake re-licensing study, Chair Cutler stated that it is fortunate that members of the Smith Mountain Lake Association have recognized that emergency withdrawals for the Roanoke Valley, upstream of Smith Mountain Lake Dam and Leesville Dam, are relatively small compared I to the requirements on American Electric Power to maintain downstream instream flow level on behalf of the Roanoke Log Perch and recreational I I I " <" " ~ i ."' "!..í"¿ 273 activities on the river. He added that the Smith Mountain Lake Association is not as concerned about the need to withdraw for occasional domestic water upstream as it is about instream flow requirements downstream from the dams, and the Association is even more concerned about what the dams must pass . through in order to maintain the endangered Roanoke Log Perch and the protection of recreational activities downstream. Reqionallnitiatives: · Initiated quarterly meetings with the City of Salem, Town of Vinton, and Botetourt County to discuss water and wastewater issues; in planning stages of a joint sewer replacement project· with the City of Salem · Initiated meetings to discuss mutual aid for water and wastewater· utilities during emergencies; 2004 flooding has prompted consideration for· establishment of a state-wide network for utilities; partnership has been set up with DEQ, the Health Department, the Department of Emergency Management, and various agencies that represent water and wastewater plants in the state. It is hoped in the Summer to premiere a page on the Department of Emergency Management's website that will be open for utilities, speCifying examples of contracts already in place, and contact information in the industry · Hosted water supply planning seminars · Hosted wastewater collection conferences around the state· · Hosted City of Wilmington, North Carolina, and New. Hanover County, North Carolina, to discuss creation of a regional authority in their area Council Member Dowe inquired if other jurisdictions have used ductile iron water pipe long enough to determine the durability of the material; whereupon, Mr. Robertson stated that ductile iron water pipe was used beginning in the mid 1960's, ductile means that the pipe flexes, and the primary problem with cast iron pipe relates to freezing and thawing and when the earth moves, the pipe splits; and C-900 PVC pipe (thick plastic pipe) has been used as smaller pipe over the past 25 years. He stated that more ductile iron water pipe has been used over the past 40+ years, and the 12" pipe that was used from the 1890's to the 1940's have had fewer problems, even at 1 00 years old, and the water pipes that have experienced the most problems due to manufacturing issues were installed between the end of WW II and approximately 1960. 274 Summarv: I · Successful integration of systems and staffs · Improved meter reading and billing technology · Increased funding levels for capital projects · Adopted a business model for operations · Open to partnerships with institutional customers and private utilities · Improved relations with regulatory agencies · Developed partnerships with Smith Mountain Lake Association · Positioning WVWA for leadership role in water and wastewater industry; receiving calls for assistance in development of agencies by other jurisdictions; active in the Virginia Government Finance Officers Association Chair Cutler called upon Bruce M. Grant, Chair, Audit Committee, to summarize results of the first audit of the WVWA; whereupon, he stated that it was "a clean" first audit, and the most striking fact about the Annual Financial Report is the evaluation of capital assets which showed a gross total of over $637 million. . Mr. McEvoy stated that the City of Roanoke provides information I technology infrastructure, including telephone service,· computer technology, . internet access, radios, and serves as host for the website of the Water Authority. He further stated that Roanoke County provides fleet service at the County's garage, payroll and general ledger services through the Finance Department and also acts as fiscal agent for the Authority. He called attention to certain outsourcing to private organizations, such as check processing for payments which is relatively inexpensive, and street paving. Supervisor Church stated that citizens of the Roanoke Valley want to know that they will receive consistent service at a fair price, they want the assurance that commitments will be honored, they want to know that they will have sufficient water to meet their needs and that water-related issues will be addressed in a timely manner. He commended the Western Virginia Water Authority which appears to be on the right track in· meeting the above referenced needs. Chair Wray stated that the long term goal of the WVWA is to provide monthly meter reading, and 90 per cent of billing issues will be eliminated with accurate and regular electronic meter reading. Supervisor Altizer stated he was involved with the merger of the I City/County water systems from the beginning, the merger was an astronomical process that has come full scale, and is a credit to all employees of the Western Virginia Water Authority and the leadership provided by the Water Authority's Co-Directors. I I I ,}..:,'. , 275 Council Member McDaniel ·stated that from the point of view of the citizens, the Water Authority has provided a much needed service and from a regional standpoint, the entity bodes well for the entire Roanoke Valley. Mr. Robertson and Mr. McEvoy expressed. appreciation for the support of . Roanoke City Council and the Roanoke County Board of Supervisors. On behalf of the City of Roanoke, Mayor Harris expressed appreciation for the opportunity to meet with the Board of Supervisors and the Board of Directors of the Western Virginia Water Authority. At 1 :25 p.m., the Mayor declared the City Council meeting in recess until 1 :30 p.m., in the City Council Chamber. The Chair stated that the meeting of the Roanoke County Board of Supervisors would be adjourned until Wednesday, March 8, 2006, at 5:15 p.m., fora joint meeting with the Roanoke County School Board; at the School Board Administration Office Building, located at 5937 Cove Road, N. W., Roanoke, Virginia. Chair Cutler declared the meeting of the Western Virginia Water Authority adjourned until March 15, 2006, for a Special Meeting. At 1 :35 p.m., the Council reconvened in the City Council Chamber, will all Members of the Council in attendance, except Council Member Wishneff, 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 McDaniel and adopted by the following vote: AYES: . Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick, and Mayo r H a r ri s 0000 - - on - - - 00 n___0000_ - - - - noon - - - --__ _ _ 0000 - - - - noon _ _ ____00 _ _ _ 00 00__0000 __ __ 00 0000 - - - - 00'00-6. . NAYS: N on e-__n__._____nn______nnn__n______n_nnnnnnn____nnn_nnn_____000000____000. (Council Member Wishneff was absent.) 276 OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER AMERICANS: The Mayor advised that the term of office of Vickie F. Briggs as a City representative I to the League of Older Americans Advisory Committee expired on February 28, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Vickie F. Briggs. There being no further nominations, Ms. Briggs was reappointed as a City representative to the League of Older Americans Advisory Committee, for a term ending February 28,2007, by the follOWing vote: FOR MS. BRIGGS: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick, and Mayor Harrismnmm_mnnnnnmmnnm_mnmm_____mmmm_mn6. (Council Member Wishneff was absent.) OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: The Mayor advised that the three year terms of office of Carl H. Kopitzke; Mary F. Monk and James Settle as members of the Parks and Recreation Advisory Board will expire on March 31, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Carl H. I Kopitzke and James Settle. There being no further nominations, Mr. Kopitzke and Mr. Settle were reappointed as members of the Parks and Recreation Advisory Board, for terms ending March 31, 2009, by the following vote: . FOR MR. KOPITZKE AND MR. SETTLE: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayor Harrismmmnnm____mnmmmnmnn___m_m6. (Council Member Wishneff was absent.) AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the four year term of office of Claude N. Smith as a City representative to the Roanoke Regional Airport Commission expired March 9, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of John E. Dooley. There being no further nominations, Mr. Dooley was appointed as a City representative to the Roanoke Regional Airport Commission, for a term ending I March 9, 2010, by the following vote: I I I 277 FOR MR. DOOLEY: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayor Harris____nu___mc_uuommcnnmunmm_mmnm_mmm_nom6. (Council Member Wishneff was absent.) Vice-Mayor Fitzpatrick moved that the City residency requirement be waived in this instance. The motion was seconded by Council Member Dowe and adopted. At 1:40 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, March 6, 2006, 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. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and Mayor C. N e Iso n H arri s _n --noon 00 -00--- -- -00-00-- - - - 0000 0000 - - noon 00 _0000__ - - - - 00 no - 00 noon - - noon - - - - 0000 - 6. ABSENT: Council Member Brian J. Wishrieffm-mmm-mmmm-mnmnmm 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 Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. 278 PURCHASE/SALE OF PROPERTY-AMERICAN ELECTRIC POWER: A communication from the City Manager recommending that Council schedule a I public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of certain property rights to Appalachian Power Company, described as Official Tax Nos. 4150101 R and 4150501 R, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of the City Manager. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayo r H arri s nn _00_000000 00 _000000_00_0000_ - - 0000_ - - 0000000000 - - 00 00000000 - - - - - 00000000 - - _0000_00000000 00 -00-6 . NAYS: No n ennnn_n___nnnnnnnn____n_n_______n_n_n__nn_nn_nn_nnnn_n00-00000. (Council Member Wishneff was absent.) BUDGET-HUMAN DEVELOPMENT: A communication from the City Manager recommending that Council schedule a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a budget adjustment for motor fuel expenses and certain Social Service program expenditures, was before the body: I It was advised that pursuant to requirements of Section 15.2-2507, Code of Virginia (1950) as amended, localities are required to hold a public hearing on budget adjustments which will exceed one per cent of the adopted budget, or $500,000.00, whichever is less; and budget adjustments will be required for motor fuel expenses and certain Social Service program expenditures. Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of the City Manager. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: . Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayo r H a rri s - 00_00 -0000--- 00 00 000000000000 - - - - - 0000 - - _00___00__ 00 00 00000000 - - - _n~nnn _0000__000000__ - - - -00 -6. NAYS: N 0 ne_nn_______n_nnnn___n____nn_nnnn___nnn_nnnnn_~---~-nn00000000___000. (Council Member Wishneff was absent.) REGULAR AGENDA PETITIONS AND COMMUNICATIONS: NONE. I PUBLIC HEARINGS: NONE. I ·1 1 279 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that the Four-For-Life program is funded through the Office of Emergency Medical Services in Richmond, Virginia; each year, Roanoke Fire-EMS receives funds from the program to purchase items needed by the department; the Four-For-Life program, as amended in 2000, stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup and panel truck; funds collected, pursuant to Section 46.2-694, Code of Virginia, 1950, as amended, shall be used only for emergency medical services; the law further states that the Department of Health shall return 26 per cent of the registration fees collected to the locality wherein such vehicle is registered, to provide funding for training of volunteer ()r salaried emergency medical service personnel of licensed, nonprofit emergency medical service agencies, or for the purchase of necessary equipment and supplies for EMS. It was further advised that Roanoke Fire-EMS expected to receive assistance from the fund in the amount of $40,000.00; Four-For-Life provided Roanoke Fire-EMS with a total of $63,889.00; .and action by Council is needed . to appropriate additional Four-For-Life .funds in the amount of $23,889.00, in accordance with provisions of the program. The City Manager recommended that Council adopt an ordinance increasing the revenue estimate for the Four-For-Life Program, Account No. 001-110-1234-0657. in the amount of $23,889.00, and appropriate funds in the same amount to Four-For-Life Program, Account No. 001-520-3521-2245; and authorize the City Manager to execute any required agreements or documents, to be approved as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following budget ordinance: {#37322-030606) AN ORDINANCE to appropriate funding from the Commonwealth for the Office of Emergency Medical Services Four for Life Program, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing. with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 171.) 280 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37~22- 030606. The motion was seconded by Council Member Dowe and adopted by 1 the following vote: AYES: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayo r H a rr i s 00_ - noon - - _00000000_ -- - - - - _nnn~_ __0000 - - - - 00 _000000_ - - - - - - n~ 0000 00 _00_000000 __00 00 00 - - 00 -00-6 . NAYS: Non e 000000'_ 00 - - - - - - - - 00 00 _00_ _ 00_00 _00 _h_hnnnn - - _00_0000 00 _00000000 00 - - - - - - - - 00 000000-0. (Council Member Wishneff was absent.) HOUSING/AUTHORITY-VALLEY VIEW MALL: The City Manager submitted a communication advising that the City's Fair Housing Board plans to sponsor a Fair Housing Fair at Valley View Mall on April 29, 2006; owners of the Mall, CBL & Associates Management, Inc., have requested that the City execute an agreement in order to use the Mall; the agreement contains a provision that requires the City to agree to indemnify and hold harmless CBL and to defend CBL in the event of personal injury and/or property damage during the City's use of the premises; CBL has refused to delete the provision; and Council has previously waived sovereign immunity for the event at Valley View Mall. It was further advised that the City's Service Excellence at Work Committee will sponsor the City's Citizen Appreciation Day at Valley View Mall on May 6, 2006; owners of the Mall, CBL & Associates, Inc., require that the City execute an agreement in order to use the Mall; the agreement contains provisions that require the City to agree to indemnify and hold harmless CBL and to defend CBL, in the event of personal injury and/or property damage during the City's use of the premises; only Council can waive the City's sovereign immunity and agree to such provision; and CBL has refused to delete the provision. 1 The City Manager recommended that Council adopt a resolution authorizing waiver of the City's sovereign immunity, and further authorizing the City Manager to execute both agreements, to be approved as to form by the City Attorney. Council Member Cutler offered the following resolution: . (#37323-030606) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for the Fair Housing Board's Fair Housing Fair, and autho¡'¡zing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. (For full text of resolution, see Resolution Book No. 70, Page 172.) 1 1 I 1 .. I.· I ~ . , : 281 Council Member Cutler moved the adoption of Resolution No. 37323- 030606. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Cutler, Dowe, Fitzpatrick and Mayo r H a rri s _00_ 00 noon __noon 00 00 - - __ _u 00 _ _ _ _ 00 00 0000_ _ 00 _ _ 00 00 0000 00_0000 00 - - 000000;_ 00-0000- 00 - - - - -00_006. NAYS: Non e 0000 - - -- _.____0000 00 - - un 00_00_ - un 0000 00 ____0000 - _ noon __ ___00_00_ - - - _00000000 - - 0000_ O. (Council Member Wishneff was absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37324-030606) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. (For full text of resolution, see Resolution Book No. 70, Page 173.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37324- 030606. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel,Cutler, Dowe, Fitzpatrick and Mayo r H a rri s __00 _0000_ - - 00 _00_ _00 _ __ __0000_00_ - 0000 - - 0000 00 _ - ____0000 _0000_ 00 _ _ _ _000000_ ____0000 00 - - 00__ 00 00006 . NAYS: Non e____unnnn___nnnn_____nun______Cunn__n_u___nnn_nn_nnu___-00-00-000. (Council Member Wishneff was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of January 2006. (For full text, see Financial Report on file in the City Clerk's Office.) The Director. of Finance advised that the January Financial Report, summarizes the City's budget for the first seven months of the fiscal year; General Fund revenues are up about 7.1 per cent and represents a slightly positive variance from the adopted budget; State revenues make up about one quarter of the City's budget and are up about 6 per cent, and the majority of State revenues are dedicated to speCific or mandated programs. He stated that the expenditure side of the budget is on track with the adopted budget. 282 Council Member Cutler stated that the Civic Facilities Fund appears to be down when comparing fiscal year 2006 to fiscal year 2005, and inquired if the difference can be attributed to a specific reason. 1 The Director of Finance advised that Civic Center revenues are off approximately $400,000.00 on a year to date basis, and at this time in fiscal year 2005, the Civic Center account had just over $1,600,000.00 in revenue, compared to about $1,200,000.00 in fiscal year 2006. He explained that the Civic Center administers financial reporting follOWing each event; once the event has been closed, funds flow through the City's accounting system; the Civic Center has been running behind all year in comparison to the previous fiscal year, due to a smaller number of actual events and less attendance; However, he added that in recent months, there has been a high level of activity at the Civic Center with two major concerts and after the books are closed and funds are channeled through the City's accounting system, the numbers will improve. Council Member Cutler inquired about the status of the new Exhibit Hall presently under construction at the Roanoke Civic Center. The City Manager advised that the project is ahead of schedule and should be completed in February 2007. She stated that construction involves a 45,000 square foot addition of Exhibit Hall space, as well as a new kitchen area that will serve not only the additional Exhibit Hall space, but other events that will bring additional revenue to the City; and the City is currently booking events in the year 2008. I There being no further questions or discussion, and without objection by Council, the Mayor advised that the Financial Report for the month of January 2006 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-SCHOOLS: Ordinance No. 37316 appropriating funds for facility maintenance, school based furniture, and construction of a football stadium to be located on the'Patrick Henry High School Football campus, having previously been before the Council for its first reading on Tuesday, February 21 , 2006, read and adopted on its first reading and laid over, was again before the body, Vice-Mayor Fitzpatrick offering the following for its second reading and final I adoption: I 1 I 283 (#37316-030606) AN ORDINANCE to appropriate funding for the 2005- 06 Capital Maintenance and Equipment Replacement Program and Patrick Henry High School Stadium Project, amending and reordaining certain sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Funds Appropriations. (For full text of ordinance, see Ordinance Book No. 70, Page 174.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37316- 030606. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, and Mayor H arri s --- _nn_ ~- 00 00 - - n_nn_n_ _ _ _000000_'_ 00_0000 _ _ 00 _00___00 noon 00 n_n~__ _ 00 ___00_ _ _ noon _ _ 00_0000_ - - 0000 5 . NAYS: Council Member Leaonmnnmn__mnmmnnn______monnnonn__mm_n 1. (Council Member Wishneff was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE. MAYOR AND MEMBERS OF COUNCIL: PARKING FACILITIES: Council Member Cutler complimented the City Manager and City staff on the renaming of City parking facilities, as more ·fully described in a communication from the City Manager under date of March 2, 2006. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: The Mayor read the following House of Delegates and concurred in by the Senate, Joint Resolution No. 90 which was adopted on January 11, 2006, recognizing the outstanding service of Council Member M. Rupert Cutler to the citizens of the City of Roanoke. WHEREAS, Dr. M. Rupert Cutler, respected citizen and city council member since 2002, is recognized for his outstanding service to the City of Roanoke; and WHEREAS, a native of Detroit, Michigan, Rupert Cutler earned an undergraduate degree in wildlife management from the University of Michigan and master's and doctoral degrees from the Department of Resource Development of Michigan State University; and 284 WHEREAS, Rupert Cutler was an editor for Virginia Wildlife and National Wildlife and for the magazines of the Virginia Game Department and served as the assistant director of The Wilderness Society, director of the Population-Environment Balance, vice president of the National Audubon Society and president of Defenders of Wildlife; and I WHEREAS, because of his vast knowledge of natural resources and environmental issues, Rupert Cutler was appointed by President Jimmy Carter to serve as the assistant secretary of agriculture for conservation, research, and education in 1977 and he served as a policy director for the United States Forest Service, Soil Conservation Service, and various agencies of the Department of Agriculture until 1980; and WHEREAS, Rupert Cutler has generously given of his time and talents on numerous civic organizations and advisory boards, including the director of Virginia's Explore Park and founding . director of the Western Virginia Land Trust, chairman of the board of the Western Virginia Water Authority, trustee of the Virginia Outdoors Foundation, president of the Kiwanis Club of Roanoke, and as a member of the board of Opera Roanoke; and WHEREAS, Rupert Cutler has been a valuable member of the Roanoke City Council from 2002 to 2006; and has contributed immensely to enhancing the environment and the quality of life for all of the residents of Roanoke; now, therefore, be it I RESOLVED by the House of Delegates, the Senate concurring, that the General Assembly commend Dr. M. Rupert Cutler on his many achievements; and, be it RESOLVED FURTHER, that the Clerk of the House of Delegates prepare a copy of this resolution for presentation to Dr. M. Rupert Cutler as an expression of the General Assembly's gratitude for his outstanding service and commitment to the citizens of the City of Roanoke. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. I I 1 1 285 POLICE DEPARTMENT: Mr. Shaheed Omar, 1215 Loudon Avenue, N. W., expressed concern with regard to alleged police brutality and excessive force by the Police Department. He called attention to a recent incident in the City of Roanoke· involving a veteran police officer who allegedly shot a citizen in the line of duty, and stated that the police officer in question has a reputation of using excessive force while carrying out his law enforcement responsibilities. CITY MANAGER COMMENTS: COUNCIL: The City Manager expressed appreciation for the Council's participation in the Friday, March 3, 2006, annual Financial Planning Session. There being no further business, the Mayor declared the Council meeting adjourned at 2:25 p.m. APPROVED A7\ '-'õ I ¡J ~ Mary F. Parker City Clerk CJ1td~ C. Nelson Harris Mayor 286 ROANOKE CITY COUNCIL March 20, 2006 2:00 p.m. I The Council of the City of Roanoke met in regular session on Monday, March 20, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, 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, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.3 7109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Brenda L. McDaniel, BrianJ, Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. N e I son H arri s _n_nn_n_mnnnm______m_m_nnmnn_______nnmn______nnn_nmn__n_-m_n7 . ABSENT: None_u_n_ooonn____n_nnnnnnnm___u_nnnnnm_n____nnooonn_nnn__-ooomO. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. 1 Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: DECEASED PERSONS: Council Member Cutler offered the following resolution memorializing the late Harold F. "Harry" Burnup, husband of Linda F. Wyatt, former Council Member, who passed away on Sunday, February 26, 2006: (#37325-032006) A RESOLUTION memorializing the late Harold Franklin Burnup, Jr., husband of former City Council Member Linda F. Wyatt. (For full text of Resolution, see Resolution Book No. 70, Page 176.) 1 1 1 I .":." ..' .".,. .' . ':.~~' ". , 287 Council Member Cutler moved the adoption of Resolution No. 37325- 032006. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea an d Mayo r Harri S______m_m____n__u__mmm__m.n.___mmm___m_m_____________mm____m__un7 . NAYS: Non e 00---00- 000 - __00____00_ un 000 - 000 --000000------ 00000__00 ___nmm__m_n_mmmmmO. The Mayor called for a moment of silence in memory of Mr. Burnup and presented a ceremonial copy of the above referenced resolution to his wife, Ms. Wyatt. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Closed Session to discuss vacancies on certain Council appointed boards and commissions; and two matters with regard to disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body. . MINUTES: Minutes of the regular meeting of Council held on Monday, February 6, 2006, were before the body. Vice-Mayor Fitzpatrick moved that the reading ofthe minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea an d Mayo r Harri sm_mm____nmooon____u___mm_____m__m__m____mmnmn__m_ nm____m_____7 . NAYS: Non e__m__m__mm___________n_____u.n _mmm__m__ooo______n_________mmmmm__O. CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended, was before the body. 288 Vice-Mayor Fitzpatrick moved that Council concur in the Mayor's request as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: I AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrisnm_mnu___mnn_mmmnh_nn__mnnmn_"m___nmnnmn_mn_hnn_mn 7. NtI'(Si: NClr1E!-----------------------------------------------------------------------------------------------(). CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, wherE! discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager as abovE!described. The mCltion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harri smn_m_mmn__n_.__m_:mmmm_mm_m_____m_nmmnnmm___nm_n_____7 . NtI'(Si: NClr1E!-----------------------------------------------------------------------------------------------(). 11II AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee which was held on Monday, December 19, 2005, were before Council. The following items were considered by the Audit Committee: · FINANCIAL KPMG AUDIT REPORTS - JUNE 30, 2005: . Report to the Audit Committee of City Council · Comprehensive Annual Financial Report and Auditors' Opinion · Management Letter - Management Response . Management Response · Pension Plan Report to the Board of Trustees · Pension Plan - Comprehensive Annual Financial Report 1 1 I I . ., '. d. .' . .!" ," \ '.~. '.'!" . : .1 . ',' " ¡. 289 ." .;. Vice-Mayor Fitzpatrick moved that the minutes be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrisum__n_muumnmumuum_u_mmmmu___mmmuu___mnuuu__n_nmn 7. Nt\'(S): NCllle-----------------------------------------------------------------------------------------------(). CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harri smm____mmuuum____n_____m_mumm______nu_mmm_uu____mm_u__mm 7 . NAYS: None_mu_______umm_mmmn_____nu_mmm_u_m_u_n_nmmm____mmmm000. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-ARMORY /STADIUM-L1BRARIES: A communication from Mayor C. Nelson Harris requesting that Council schedule a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard to appropriate certain remaining bond funds into a capital account for the purpose of renovating or constructing new library facilities in the City, was before the body. 290 The Mayor advised that with the decision of Council to construct stadia at I the City's two high schools ($4.1 million has been appropriated for the stadium at Patrick Henry High School and $4.1 million is reserved for a stadium at William Fleming High School), $5,590,000.00 in bond funds remain in the stadium/amphitheater account which can be reallocated to a capital account for renovation or construction of new library facilities; and the Code of Virginia requires a public hearing whenever excess funds are reallocated. The Mayor asked that Council act favorably on the request to schedule a public hearing. Council Member Cutler moved that Council concur in the request of the Mayor and that a publiC hearing be held on Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Council Member McDaniel. Joyce Waugh, Vice President, Public Policy, Roanoke Regional Chamber of Commerce, advised that the 1,400 members of the Chamber of Commerce support the recommendation outlined in the Roanoke Library Comprehensive Study and encourage action on the first phase of the library study. She advised that the Library Study makes several points: · Transactions, program attendance, and collection turnover rates are declining. I · Attention must be made to correct striking deficiencies, including customer service (retail model) and creating a welcoming atmosphere. · Libraries are an integral part of their communities. · To have top tier libraries, investments are needed. · Quality of life issues continue to weigh more heavily in the decision- making process of employers and employees. Ms. Waugh stated that the Roanoke Valley Regional Chamber of Commerce supports a regional library system, and although it does not appear that this will happen in the near future, investments in the Roanoke City Library system will enhance the entire valley-wide system; therefore, the Chamber of Commerce supports these investments. I 1 I I ", ".:" ,., . ~. ,.;. ~ .,::,." 291 The above referenced motion was adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, and Mayor Hélrris------------------------------------------------------------------------------------------------------------------5. NAYS: Council Members Lea and Wishneff nnnnnn_mmm__nnm_umnmmm_2. ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, Roanoke Valley Economic Development Partnership, presented the 2005 Annual Budget. Mr. Sparks advised that the Partnership's industrial park brochure was updated to feature industrial parks throughout the nine jurisdictions served by the Economic Development Partnership, by showing signs leading into the entrance of the park, or buildings and/or properties within the park, which created a better brochure for clients served by the Partnership; and City propertieswere posted on the Partnership's website, the Commonwealth of Virginia's website, élnd Area Development Magazine's website, resulting in 189 hits alone on eight different properties located in the City of Roanoke on the Area Development Magazine website. He added that Carilion Biomedical Institute and City of Roanoke biomedical efforts were featured in Expansion Magazine articles, and media writers were invited to tour the greater region in the hopes that articles will be included in néltional publications with regard to the Roanoke Valley; and numerous prospects have visited the Roanoke Centre for Industry and Technology where the City created level sites at the end of the industrial park with utilities and a roadway to help promote the site. He advised that in 2004-2005, the Economic Development Partnership worked on $77.2 million in new announced investments, WélS instrumental in establishing 322 new jobs, participélted in three local business expansions and one new business; and since inception ofthe Partnership in 1983, $1 billion in new investments has been announced, including direct investments in equipment élnd bUildings. In other news, Mr. Sparks stated that Alleghélny County and the Town of Covington have joined the Partnership as voting members; initiéllly, the Partnership stélrted out with five governments, two were added in 1991-92, followed by an additional two localities; the Partnership, along with the City of Roanoke and Roanoke County and their respective Economic Development Departments were recognized élS one of the first 30 Partnerships to be certified by the International - Economic Development Council; approximately 18,000 economic development organizations in the United States currently compete for approximately 1,000 projects; and the Roanoke Valley is ranked near the top in Expansion magazine cities. He called attention to the Partnership's strong' marketing program, with approximately $80,000.00 annuéllly invested in advertising, the primary purpose of which is to direct persons to the Partnership's website; staff of the. Economic Development Partnership continues to participate in trade shows and in marketing missions with potential businesses; and a Targeted Industry Sector Campaign was implemented this year in which Partnership staff looks at companies that have 292 made capital investments, or engaged in land acquIsitIOns, or hired a new President, etc., and arranges telephone conference calls with those companies to I determine their level of interest in the Roanoke Valley. He stated that a measurable goal in 2006 with regard to public relations included 34 published articles, three articles concerning the greater Roanoke region were published in national publications, 36 advertisements were included in various· publications, 56,000 website hits involving over 100,000 website pages, eight trade shows were worked, seven marketing missions were conducted, 12 conference calls were placed, 31 editorial placements, and 31 prospect files were opened. He advised that proposals have been submitted to ten prospective businesses on behalf of various governments throughout the Roanoke Valley region, with potential jobs ranging from 964 to 1,284 and a potential investment of from $102 million to $167 million, and 13 businesses are actively considering the greater Roanoke Valley region, which could generate 1,154 to 1,409 jobs, or a potential investment of $146 to $160 million. When talking with potential businesses, Council Member Dowe inquired as to what they perceive to be Roanoke's major challenges; whereupon, Mr. Sparks advised that the major challenges are a trainable work force and the lack of available land. Mr. Sparks was asked to define "trainable workforce"; whereupon, he advised that "trainable workforce" includes the basic skills of reading, writing, I mathematics, personal hygiene, communications, etc. Question was raised with regard to what Roanoke's school system and the Western Virginia Workforce Development Board is doing to improve basic skills to achieve a trainable workforce. The City Manager advised that one of the specific reasons that County Administrators and City Managers of the various Roanoke Valley jurisdictions were asked to serve in the Chief Local Elected Officials (CLEO) role on the Workforce Development Board was to bring more work force related issues to bear on economic development and regional initiatives, and meetings of CLEO are scheduled in conjunction with Regional Economic Development Partnership meetings. She called attention to concerns that many of the basics of education are not taught as a part of the school curriculum, therefore, the City attempts to determine training needs in advance of an intended expansion of a business, by identifying potential employees in advance of hiring and training those persons in the basic skills so that by the time jobs are actually posted, employees are prepared to enter the workforce. She added that the Roanoke Valley's unemployment rate is somewhat of a draw back because those persons who are employable are already in the work force, and there is an ongoing effort to include community colleges. 1 I 1 I . ":, ".' ", ~ :~1. ,~".: ~,~:W~ 293 Council Member Cutler inquired about the Regional Industrial Park in Pulaski, County; whereupon, Mr. Sparks advised that a group of 1 5 governments throughout Southwestern Virginia came together to form Virginia's First Industrial Facility Authority, in order to incur debt and to receive the benefits of potential businesses. Vice-Mayor Fitzpatrick advised that Commerce Park in Pulaski County is the only industrial park in the Commonwealth of Virginia where governments share revenues by contract; and the industrial park allows counties to have other localities provide funds to create infrastructure that some counties could not otherwise afford, and then allows the individual communities to draw funds based on their investment in the industrial park. Secondly, he stated that there is an unfavorable work force development situation in the entire Commonwealth of Virginia, with various organizations engaging in work force development at a cost of $8.5 million, the organizations rarely work together and some teach skills that are no longer applicable to jobs that are being performed in the region, therefore, it is an issue that needs to be addressed if the Regional Partnership is to succeed. He stated that available land and work force skills are considered to be two of the most important factors when potential businesses look at an area as a place to locate and the greater Roanoke region is not as prepared as it needs to be. He added that the Roanoke Valley's . low unemployment rate prevents many potential businesses from looking at the region because there is a perception that there is no available work force. He stated that there should be one Metropolitan Statistical Area instead of three, which would provide a better opportunity for the Regional Economic Development Partnership to sell the greater region. Vice-Mayor Fitzpatrick expressed appreciation for the work of the Roanoke Valley Economic Development Partnership arid adVised that an annual budget of $870,000.00 is not sufficient to market the greater Roanoke region and to adequately address the creation of more jobs. Council Member Wishneff spoke in· support of upgrading the Regional Partnership's website, which is a tool that is widely used by site location consultants throughout the country; whereupon, Mr. Sparks advised that funds for· a website upgrade will be included in the 2007 fiscal year budget. Mr. Sparks expressed appreciation to the City Manager for her support of the Roanoke Valley Economic Development Partnership. 294 REPORTS OF OFFICERS: I CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a communication advising that the plight of homeless individuals and families has been at the forefront of the community's attention for more than a decade; the number of homeless persons relying on local services has increased; and the 2005 winter survey conducted by the Roanoke Valley Task Force on Homelessness indicated that the nightly average of homeless persons during the survey period was 397. It was further advised that based on Roanoke's 2005 Continuum of Care application, the Roanoke Homeless Assistance Team (UHAT") Renewal was awarded a supportive services only grant totaling $137,669.00 for a one year period beginning February 1 , 2006; and a local cash match of $34,417.00 is required, for a total program budget of $172,086.00. . It was explained that the HAT office is located at 310 Campbell Avenue, S. W., and provides for convenient access to the program; HAT staff maintains office hours from 8:00 a.m. until 12 noon, after which time street outreach is conducted to shelters and other places not designed for human habitation; and staff provides limited case management, including agency referrals, security deposits, food, transportation and prescription assistance. I It was stated that a local cash match of $34,417.00 is required for acceptance of the grant; and funds are available from Local Cash Match Funding for Grants, Account No. 035-300-9700-5415. The City Manager recommended that Council take the following actions: . Authorize the City Manager to accept the Roanoke Homeless Assistance Team Renewal Grant Award, in the amount of $137,669.00, from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; 1 I I 1 '." . l'\'i .':-." < 295 . Authorize the City Manager to execute documents associated with implementation of grant renewal; . Adopt a budget ordinance to establish a revenue estimate in the amount of $137,669.00, transfer funds in the amount of $34,417.00 from 'Local Cašh Match Funding for Grants, Account No. 035-300- 9700-5415, and appropriate funds totaling $172,086.00 to expenditure accounts to be established by the Director of Finance in the Grant fund. Council Member Cutler offered the following budget ordinance: (#37327-032006) ,AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 200S- 2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 177.) Council Member Cutler moved the adoption of Ordinance No. 37326- 032006. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrismmnnmmn__nm___nmmm_"mmm__m_______u_mnnnmn_mnnmn_----7. NtI,(5i: NCll1e-----------------------------------------------------------------------------------------------(). Vice-Mayor Fitzpatrick offered the following resolution: (#37327-032006) A RESOLUTION authorizing acceptance of the Roanoke Homeless Assistance Team Renewal Grant . Award from the United States Department of Housing and Urban Development to provide outreach and limited case management services to the homeless; and authorizing the execution of the necessarý documents. (For full text of resolution, see Resolution Book No. 70, Page 178.) 296 Vice-Mayor Fiztpatrick moved the adoption of Resolution No. 37327- 032006. The motion was seconded by Council Member Dowe and adopted by the following vote: I AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H arri s_n_nnn__m_n__n_____nnnnnn_nn_n___nnnnnnnn__h_nn_nnn__mnnm 7 . . . NAYS: None_nuuh__n_n_nnnnn_n_____nn_nn_unu__nn___m_nm_mmnh___nnnnnO BUDGET-HOUSING/ AUTHORITY-GRANTS: The City Manager submitted a communication advising that the U. S. Department of Housing and Urban Development (HUD) and the City of Roanoke entered into the Shelter Plus Care (SPC) agreement in 1995 for a five year grant period; and in December 2000, the agreement was extended for an additional five year period. . It was further advised that permanent supportive housing continues to be identified as a top priority for the Blue Ridge Continuum of Care and the Roanoke Regional Task Force on Homelessness; the program provides rental assistance and supportive services to 21 disabled, homeless individuals and their families; disabilities are defined as serious mental illness, chronic substance abuse, AIDS or related diseases and physical disabilities; and the City of Roanoke and the· Roanoke Redevelopment and Housing Authority worked cooperatively with eight I local community agencies to develop and submit a proposal for funding. . It was explained that a Shelter Plus Care grant allocation of $136,716.00 was awarded to the City of Roanoke for a one year period; and a local in-kind match of supportive services is required and has been committed to by the following agencies: Salem Department of Veterans Affairs Medical Center, City of Roanoke Department of Social Services, Total Action Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Behavioral Healthcare, City of Roanoke Health Department, East-Hornback Services (EHS) and the Roanoke Aids Project. The City Manager recommended that she be authorized to accept the Shelter Plus Care Renewal Grant Award, in the amount of $1 36,716.00, from the U. S. Department of Housing and Urban Development and to execute the required grant documents on behalf of the City; and that Council adopt a budget ordinance to establish a revenue estimate, in the amount of $1 36,716.00, and appropriate funding in the same amount to an account to be established by the Director of Finance in the Grant Fund. I I 1 I . '..1 ~~,~i..:". 297 Council Member Cutler offered the following budget ordinance: (#37328-032006) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care 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. 70, Page 179.) Council Member Cutler moved the adoption of Ordinance No. 37328- 032006. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrism_____uuu_mmm_m_____nmmm_mnuum_____unmmmumuu_nn_u__m 7. NAYS: Nonemum__nm_n_unmmmn_mu_____m'u_uunmmumm_________mm_m_---0. Council Member Dowe offered the following resolution: (#37329-032006) A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant Award from the U. S. Department of Housing and Urban Development in the amount of $1 36,716.00 fora. one-year period, to provide rental assistance and supportive services to disabled homeless individuals; and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 70, Page 180.) Council Member Dowe moved the adoption of Resolution No. 37329- 032006. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrisunm-~m--__nn----m-nummmm-u-mmm-n-uunmm-------nmnmmoon 7. N)\,(Si: NOlle-----------------------------------------------------------------------------------------------0. 298 BUDGET-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City 1 Manager submitted a communication advising that the Department of Criminal Justice Services notified the City of Roanoke and Roanoke County of an allocation of funds under the Juvenile Accountability Block Grant Program UABG); an allocation of $40,581.00 in Federal funds was awarded jointly to the two jurisdictions; and ajoint local match of $4,509.00 is required. It was further advised that the allocation formula provides for $28,339.00 Federal and $3,149.00 cash match from the City of Roanoke and $12,242.00 Federal and $1,360.00 cash match from Roanoke County; .staff from both jurisdictions have met and developed program proposals for use of the funding; Roanoke County will provide a substance abuse intervention education program through the schools; the City of Roanoke, in collaboration with the Boys and Girls Club and Total Action Against Poverty, will provide services to students suspended, or otherwise absent from school during the day; TAP-Project Recovery will help adjudicated youth avoid the negative risks and unproductive lifestyles that often correlate with dropping out of school; funding for the City's match of $3,149.00 is available in Account No. 001-630-1270-2010, Human Services Support; and the City of Roanoke will serve as fiscal agent for the funds. The City Manager recommended that she be authorized to accept the $40,581.00 JABG grant allocated to the City of Roanoke for $28,339.00 and to 1 Roanoke County for $12,242.00 and execute an agreement with the Department of Criminal Justice Services for said funds; that Council adopt a budget ordinance establishing revenue estimates totaling $45,090.00; and appropriate funds in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund and transfer $3,149.00 from Human Services Support, Account No. 001-630-1270-2010, to the Grant Fund account. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37330-032006) AN ORDINANCE. to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Program, amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page .181.) 1 I 1 1 "~" .: ; "'. -: :.' ....~;....; j. ~ . . .."~; ~(: ,';",( ~':': :~: \: '. 299 · Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37330-032006. The motion was seconded by Council Member Dowe. Council Member Wishneff inquired if school age children who are observed off campus during· school hours are questioned by the Police Department; whereupon, the City Manager advised that she would respond to the question later during the meeting. (See page 303 for the City Manager's response.) Ordinance No. 37328-032006 was adopted by the following vote: . AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrisu__mm_:_n_m_n__n__umm_mmm_____m_mmmm·_nn__m_n_nnnnmnm 7.. NAYS: No nem_mmmmnmn____mmmmnn_n___n_nn_mm__mmnmooo_______m_mnO. . Council Member Dowe offered the following resolution: (#37331-032006) A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 70, Page 182.) Council Member Dowe moved the adoption of Resolution No. 37331- 032006. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r Harri s__nun_nm__nnnnnmm_nmnn_m_____m_mmmmnmnmmm__nn_n_____7 . NAYS: Non en_mooo_n_nn_ooo_mm__mn_m mmnmm_____;__ooo_______'n__ooom__mmnmO. 300 REPORTS OF COMMITTEES: I BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting appropriation of $41,278.00 for the Learn and Serve K-12 Virginia program, to provide hands-on education and career development for students at William Fleming High School and Taylor Learning Academy, said continuing program to be 100 per cent reimbursed by Federal funds, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Council Member Dowe offered the following budget ordinance: (#37332-032006) AN ORDINANCE to appropriate funding from the Federal Government for the Learn and Serve K-12 Virginia program, 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. 70, Page 183.) Council Member Dowe moved the adoption of Ordinance No. 37332- I 032006. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea an d Mayo r Harri S__mm_nnmnnmmm_mn_nm___n_nn__mnmnm_moo___n_mnn:_nmn_n 7 . NAYS: Non e _____m_nnn_mnoon 000 mn_h_nnn____oooooonnn mmnm__n_._____ooon_____oooooO. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $3,370.00 from the School Food Services Unappropriated Fund Balance to fund school-based furniture, and the remaining $100,000.00 balance of the School Food Services Unappropriated Fund Balance should be transferred to reserves for Workers' Compensation in the School Operating Fund ($50,000.00) and the School Food Services Fund ($50,000.00), was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. I 1 I I ., .' ;.-,:,..: 301 Council Member Dowe offered the following budget ordinance: (#37333-032006) AN ORDINANCE to appropriate funding from the School Food Services Fund. Unappropriated Fund Balance, amending and reordaining certain sections of the 2005-2006 School and School Food Services Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 184.) Council Member Dowe moved the adoption of Ordinance No. 37333- 032006. The motion was seconded by Council Member Cutler; Council Member Cutler spoke in support of joint purchasing by the Roanoke City School System and the City of Roanoke, in order to take advantage of economies of scale associated with joint purchasing. Ordinance No. 37333-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H arri s ______m____mm_ _'.n____nn_nn_m_m_________.m_n__m__m_______ m-.----n----------7 . NAYS: Non e m______ 00 --- mmno -0000----------- mm_________________nnm__mm______________:___O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: Council Member Cutler congratulated organizers of the St. Patrick's Day Parade, which was held on Saturday, March 18, 2006. 302 ACTS OF ACKNOWLEDGEMENT: Council Member Cutler complimented Greene Memorial United Methodist Church on the SINFONIA, Music of Johann Sebastian Bach, featuring Dr. Joan Lippincott, organist with The New York Bach Ensemble, which was held on Sunday, March 19, 2006. 1 SPORTS ACTIVITIES: Council Member Dowe advised that over the next two weeks, the National Basketball Association (NBA) will make certain decisions with regard to the Roanoke Valley and the future of the Roanoke Dazzle basketball team; therefore, he asked that the citizens of .Roanoke support the Roanoke Dazzle through the purchase and renewal of season tickets. He stated that if the Roanoke area does not support existing sports teams and programs it will be difficult to attract other potential sporting activities to the area. He advised that Roanoke was selected by the NBA for a basketball franchise largely due to the existing quality of life in the Roanoke Valley, and other localities throughout the Commonwealth of Virginia who are interested in a franchise are anxiously waiting the decision of the NBA with regard to the future of the Roanoke franchise. He urged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball team. ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES: Vice-Mayor Fitzpatrick commended City employees who participated in the City's Second Annual Talent Show, which was held on Friday, March 17, 2006, in the Performing Arts Theatre at 1 the Roanoke Civic Center. ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Mayor Harris commended Council Member and Mrs. M. Rupert Cutler on the occasion of their 50th wedding anniversary on Thursday, March 23, 2006. 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-COUNClL-COMPLAINTS: Mr. John E. Kepley, 2909 Morrison Street, S. E., urged the citizens of Roanoke to read various e-mails that were obtained through the Virginia Freedom of Information Act, which were written by certain City Council Members and School Board Members with regard to high school stadia, Victory Stadium, and other City related issues. I I I I . (..... .~':;y:. 303 He compared four specific Members of the Council to a story in the Bible regarding two brothers, Jacob and Esau, and advised that he prays that each· Member of the Roanoke City Council will have an encounter with the living God so that the citizens of Roanoke will know the truth behind the individual decisions of City Council Members. CITY MANAGER COMMENTS: SCHOOLS-COUNCIL: The City Manager responded to a question raised by Council Member Wishneff earlier in the meeting with regard to whether police officers stop school age children who are observed on the streets during school hours. She stated that a police officer will stop the child to ask the appropriate questions and follow up with the School Resource Officer (SRO) at the child's school, the SRO will return the student to school if he or she does not have permission to leave the school campus, and if the student's explanation as to why they are off the school campus appears to be legitimate, the police officer will not detain the student. CITY MARKET: The City Manager advised that March 19, 2006, marked the first occasion that· the City Market was open· for business on a Sunday, and encouraged citizens of Roanoke to support future Sunday shopping/activities on the City Market. At 3:10p.m., the Mayor declared the Council meeting in recess for three Closed Sessions. At 4:05 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, Mayor Harris presiding. OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that the four year term of office of Darlene L. Burcham as a Commissioner of The Hotel Roanoke Conference Center Commission, will expire on April 12, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Darlene L. Burcham. 304 There being no further nominations, Ms. Burcham was reappointed as a Commissioner of The Hotel Roanoke Conference Center Commission, for a term ending April 12,2010, by the following vote: FOR MS. BURCHAM: Council Members McDaniel, Wish neff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris_____m_mmu_hnm_::_m:u:mum°:u_mumm____mm_7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the four year term of office ofTuan Reynolds as a member ofthe Fair Housing Board will expire on March 31, 2006; whereupon, he opened the floor for nominations to fill the vacancy. . . Vice-Mayor Fitzpatrick placed in nomination the name of Juan Reynolds. There being no further nominations, Mr. Reynolds was reappointed as a member of the Fair Housing Board, for a term ending March 31, 2009, by the following vote: FOR MR. REYNOLDS: Council Members McDaniel, Wish neff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrisn____mmmn_mm_m:_mmmmmunummm_m_mm7. OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: . The Mayor advised that the four year term of office of Mary F. Monkas a member of the Parks and Recreation Advisory Board will expire on March 31, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Mary F. Monk. There being no further nominations, Ms. Monk was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2009, by the following vote: FOR MS. MONK: Council Members McDaniel, Wish neff, Cutler,. Dowe, Fitzpatrick, Lea and Mayor Harris_mmmnmu___nunnmn:_mumum_~__mmmmn_n_m7. 1 I I 1 1 I ;..... 305 OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that there is a vacancy on the Human Services Advisory Board, for a term ending November 30, 2008, due to the passing of Corinne B. Gott; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Quentin J. White. There being no further nominations, Mr. White was appointed as a member of the Human Services Advisory Board to fill the unexpired term of Corinne B. Gott, deceased, ending November 30, 2008, by the following vote: FOR MR. WHITE: Council Members. McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris---nmnmmm____m__oom_m______oo__moommmoo_oon_n7.. At 4: 10 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. At 7:00 p.m., on Monday, March 20, 2006, 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. PRESENT: Council Members Brenda L. McDaniel; Brian J. Wishneff, M. Rupert. Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor C. N e Iso n Harri sooun____ oonoonnnooooooooooo__mn_mooooooooooooon__c__uo___ncoooooooooo_m___mm 7. A BS E NT: -00 m - oooooonooo_ooo______n____mnooooooooooooooo____oooo____mnn moo mm___nnn______O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag ofthe United States of America was led by Cub Scout Pack #2, Raleigh Court Presbyterian Church. 306 PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. PUBLIC HEARINGS: 1 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carilion Medical Center, CHS, Inc., and B & B Holdings, LLC, to establish a Comprehensive Sign Overlay District to properties in or near the Reserve Avenue, S. W. area, more specifically identified as Official Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032005, 1032002, 1032001,1031902,1032201,1032105,1032104, 1032103, 1032102, 1032101 and 1032006, such District to include regulations pertaining to size, location, height, materials, landscaping, text, color, calculation of sign area, and illumination of certain proposed signs on the subject property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday March 8, 2006, and Wednesday, March 15, 2006. The City Planning Commission submitted a written report advising that at its meeting on December 20, 2004, Council rezoned the subject properties from HM, 1 Heavy Manufacturing District, and C-l, Office District, to INPUD, Institutional Planned Unit Development District; and the petitioner now requests that the City establish a Comprehensive Sign Overlay District. The City Planning Commission recommended that Council approve the request, and advised that the Planning Commission finds that the proposed Riverside Center Comprehensive Sign Overlay District is consistent with design guidelines of the Redevelopment Plan of the South Jefferson Redevelopment Area, is compatible with Vision 2001-2020, and fulfills Comprehensive Sign Overlay District Standards. Council Member Dowe offered the follOWing ordinance: (#37334-032006) AN ORDINANCE to amend §36.2-1 00, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to establish a comprehensive sign overlay district within the City of Roanoke to be known as the Riverside Center Comprehensive Sign Overlay District; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 186.) I I 1 I .,¡,; .... . , .' : .... ,';;ï':I1- 307 Council Member Dowe moved the adoption of Ordinance No. 37334- 032006. The motion was seconded by Vice-Mayor Fitzpatrick. Robert P. Mannetta, Attorney, appeared before Council in support of the request of his clients. The Mayor inquired if there were persons present who would like to speak in connection with the request. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37334-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayo r Harri s __________nm________umnm__________n_____:m__m______.__n_c__mm___nnmn_m_7 . Nt\'{S: NCltlE!-----------------------------------------------------------------------------------------------Cl. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Crawford Development Company, LLC, to repeal and replace' proffered conditions on property located at 3806 Thirlane Road, N. W., Official Tax No. 6520105, such new proffers relating to the design and materials of structures proposed to be built on the subject property, proposed possible uses to be placed on the property, and proposed vegetative buffer for the subject property, the matter was before the body. Legal advertisement of the public hearing was published itl The Roanoke Times on Wednesday, March 8, 2006, and Wednesday, March 15, 2006. The City Planning Commission submitted a written report advising that at its meeting on October 2, 2000, pursuant to Ordinance No.3 5071-100200, Council rezoned the subject property from RA, Residential-Agricultural District, to LM, Light Manufacturing District, with certain proffered conditions; pursuant to Ordinance No. 37025-041805 adopted by the Council on April 18, 2005, Council amended proffered conditions to extend the timeframe in which the petitioner was required to obtain permanent Certificates of Occupancy; and on December 5, 2005, Council rezoned the property fromLM, Light Manufacturing District, to I-L, Light Industrial District, as part of a comprehensive rezoning of the City; however, existing proffered conditions remained in force. 308 The City Planning Commission recommended that Council approve the 1 Second Amended Petition to Amend Proffered Conditions, which is consistent with the Comprehensive Plan and uses permitted in the 1-1, Light Industrial District. Vice-Mayor Fitzpatrick offered the following ordinance: (#37335-032006) AN ORDINANCE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the conditions' presently binding upon certain property conditionally zoned 1-1, Light Industrial District; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 188.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7335-032006. The motion was seconded by Council Member McDaniel. George I. Vogel, III, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to speak in connection with the request. There being none, he declared the public hearing closed. 1 There being no questions or comments by Council Members, Ordinance No. 37335-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r Harri s_mnmnnmnnm_h_nnnn_n_nnnnnn______mnnmn_____nh______________n___ 7 . NAYS: Non e_m__oon_____ _n___oooo________mmn._ mm______oo_m__m________oo__________mm____O. FLOOD REDUCTION/CONTROL-CITY PROPERTY-APPALACHIAN POWER COMPANY-: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to convey a 40-foot by 41 O-foot wide easement to Appalachian Power Company across City-owned property located adjacent to Riverview Boulevard and Arbor Avenue, S. E., for the purpose of relocating and installing new facilities, in connection with the Roanoke River Flood Reduction Project, the matter was before the body. 1 I I I 309 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 10, 2006. The City Manager submitted a communication advising that Appalachian Power Company has requested a variable width easement approximately 40' x 410' across City-owned property, identified as Official Tax Nos. 4150101 Rand 4150501 R, which is located along the Roanoke River near the intersection of Willow Street and Riverview Boulevard; the easement is needed to relocate an existing overhead power line and related facilities; and facilities are being relocated in connection with the Roanoke River Flood Reduction Project. The City Manager recommended that she be authorized to execute the appropriate documents granting an above-ground utility easement as abovedescribed to Appalachian Power Company, subject to approval as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37336-032006) AN ORDINANCE authorizing the conveyance of an easement of an approximate width of 40 feet and an approximate length of 41 0 . feet across City-owned property identified by Official Tax Map Nos. 4150101 Rand 4150501 R, located adjacent to Riverview Boulevard, S. E., and Arbor Avenue, S. E., . to Appalachian Power Company, to relocate and install new facilities, in connection with the Roanoke River Flood Reduction Project, 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. 70, Page 190.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37336-032006. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared .the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37336-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harrismumnmnnmn_nnmmmmm____n_________nmmmm_mnmnmnmmm, 7. N)\'(S: NCllle-----------------------------------------------------------------------------------------------0. 310 BUDGET-HUMAN DEVELOPMENT-FLEET MANAGEMENT FUND: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to adjust the aggregate amount of the City's Fiscal Year 2005-2006 General Fund budget, in connection with appropriation of additional funds for Social Service/Human Service programs, not to exceed $3,100,000.00; and a proposal to adjust the aggregate amount ofthe City's Fiscal Year 2005-2006 Fleet Management Fund budget, in connection with appropriation of additional funds for Motor Fuels and Vehicle Parts/Supplies, not to exceed $500,000.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, March 11, 2006. The City Manager submitted a communication advising that the Department of Social Services has experienced an increase in demand for the following services over the past year: Fuel Assistance, Emergency Assistance for Needy Families, Auxiliary Grant, General Relief, Refugee Resettlement, Foster Care, Special Needs Adoption, Adoption Incentive, Respite Services, Subsidized Adoption, Daycare Services, and Purchased Services; some of the programs are mandated by the State; and Fuel Assistance, Auxiliary Grant, General Relief, and Daycare Services programs require local funds. It was further advised that the Comprehensive Services Act (CSA), which was established in 1993, provides out-of-home services to troubled and at-risk youth and their families through a collaborative system of State and local agencies, parents, and private sector providers; services include mandated foster care, certain special education services, and foster care prevention; and CSA also provides services to certain targeted non-mandated populations. It was explained that Department of Social Services expenditures are projected at $10,045,059.00 for the following programs: Fuel Assistance, Emergency Assistance, Auxiliary Grant, General Relief, Refugee Resettlement, Foster Care, Special Needs Adoption,· Adoption Incentive, Respite Services, Subsidized Adoption, Daycare Services, and Purchased Services; based on the projection, expenditures will exceed the fiscal year 2006 appropriation of $8,152,848.00 by $1,892,211.00; within the category of Social Services expenditures, Fuel Assistance, Auxiliary Grant, General Relief, and Daycare programs are expected to total $875,000.00 and will require a local match of $117,275.00; funding anticipated from the Commonwealth of Virginia for the programs is $1,774,936.00; and the number of citizens requiring assistance and the cost of providing services continues to increase. 1 1 I I I I ".; ,,'.;,:- .'. ". ',;;~ . 311 .,' I It was further explained that CSA expenditures are projected at $10,650,000.00 for fiscal year 2006; based on the projection, expenditures will exceed the CSA fiscal year 2006 appropriation of $9, 152,256.00 by $1,497,744.00 and require additional local funds in the amount of $460,107.00; additional local funding will come from an increase in CSA service billings to the school division in the amount of $295,192.00 for the schools' share of the cost, with the remaining $164,915.00 from General Fund Salary Lapse; funding anticipated from the Commonwealth of Virginia for CSA is $1,037,637.00; additional funds are to be allocated to mandated services for at-risk youth; and CSA has experienced an increase in the number of youths requiring higher cost services. The City Manager recommended that Council adopt a budget ordinance to increase General Fund revenue estimates by $1 ,774,936.00 for Social Services and $1,332,829.00 for the Comprehensive Services Act, to transfer $282,190.00 from General Fund Salary Lapse, and to appropriate $1,892,211.00 for Social Services, and $1,497,744.00 for the ComprehenSive Services Act. Council Member Cutler offered the follOWing budget ordinance: (#37337-032006) AN ORDINANCEto appropriate additional funding from the Commonwealth of Virginia for the Department of Social Services and Comprehensive Services Act (CSA), amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 191.) Council Member Cutler moved the adoption of Ordinance No. 37337- 032006. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37337-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayo r Harri S_nnmm_m._m_n_nn_mn_n_n_nn.nm_mmmnmnnmm______n_u_u___m7 . NAYS: Non e - 0000 nn m - _n_ nn nn m mm'___n_n_nmnm·nnnnnmnmnnn_______ -----mO. 312 The City Manager submitted an additional communication advising that as a I result of an increase in the cost of motor fuels, expenditures will exceed budget in the amount of $296,800.00; and General Fund motor fuel expenditures will total $283,600.00 of this amount; the remaining $13,200.00 will be billed to the Roanoke Redevelopment and Housing Authority, the Roanoke Valley Resource Authority, the Roanoke Valley Detention Commission, the Civic Center Fund and the Department of Technology Fund; and it is anticipated that expenses for parts required for vehicle repairs will exceed budget, in the amount of $169,500.00, due to higher than anticipated costs for repair of Solid Waste and Fire-EMS vehicles and an increase in the cost of specialized tires for Police vehicles. It was further advised that Fleet Management Fund revenue and expense budgets will need to be adjusted, and funding will need to be allocated in the General Fund to cover its share of billings; and expenditures for the remaining $13,200.00 must be absorbed by the respective agencies or Funds. The City Manager recommended that Council adopt a budget ordinance increasing the revenue estimate for Fleet Management Billings for Motor Fuels, Account No. 017-110-1234-1279, by $296,800.00 and Billings to General Fund, Account No. 017-110-1234-0952, for vehicle repairs/parts by $169,500.00; appropriating $296,800.00 to Fleet Management Motor Fuels, Account No. 017- 440-2641-3013, and $169,500.00 to Project Supplies, Account No. 017-440-2641- 1 3005; transferring $168,611.00 from Motor Fuels Contingency, Account No. 001- . 300-9410-3012, and $284,489.00 from Unallocated Life Insurance Premium Savings, Account No. 001-250-9110-1130, to General Fund department motor fuels accounts and parts accounts. Council Member Dowe offered the following budget ordinance: (#37338-032006) AN ORDINANCE to appropriate funding from the General Fund Motor Fuel Contingency and Life Insurance Premium accounts to various department motor fuel and parts accounts and to increase the motor fuel and parts revenue and expenditure budgets in the Fleet Management Fund, amending and reordaining certain sections ofthe 2005-2006 General and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. . (For full text of Ordinance, see Ordinance Book No. 70, Page 192.) I 1 1 1 313 Council Member Dowe moved the adoption of Ordinance No. 37338- 032006. The motion was seconded by Council Member Cutler. The Mayor inquired if there were persons present who would like to speak in connection with the matter, to which no person asked to be heard. There being no questions or comments by Council Members, Ordinance No. 37338-032006 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harri s _n_n____nn_nmnm___mnnnm_nn__mmmnnmn______mmnmmnn__mn7 . NAYS: No nennm_mm__mm_________nn,nm·n---nn-n-"-mnmm-----mmm----------m-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will· be referred immediately for response, recommendation or report to Council. CITY PROPERTY-ECONOMIC DEVELOPMENT-COMPLAINTS-(COUNTRYSIDE): The following persons spoke with regard to Countryside Golf Course: Ms. Valerie Garner, 2264 Maitaponi Drive, N. W., advised that she made a detailed presentation before Council on Tuesday, February 21 , 2006, with regard to Countryside Golf Course; however, it appears that portions of her presentation were irrelevant due to withdrawal by the proposed developer. She stated that the letter of withdrawal from Toll Brothers,developer, was dated February 16, 2006, therefore, the City had ample time to advise her of the withdrawal prior to February 21 so that her presentation to Council could be modified accordingly. She speculated that withdrawal of the proposal by the developer could have been due to the appointment of a new project manager whose evaluation of the Countryside property was different from his predecessor; or because a residential building in an Airport approach area is not a viable option, or because total acreage is not 140 acres, but less than 100 acres if the runway protection zone is eliminated, or because the area which is included in the 65 decimal noise contour is discouraged by the Federal Aviation Administration (FAA) for use as residential housing or for use with a high concentration of people. She added that the FAA and the Virginia Department of Aviation have speCifically stated that a golf course is a good use of the property. She advised that a suggestion offered by Council Member Cutler to maintain the runway protection zone portion of the property as a bird sanctuary sounds like a good idea, however, it would not be acceptable to the FAA due to potential conflict with aircraft. She asked that the Countryside property continue to be used as a golf course. 314 Mr. Rick Ferguson, 2261 Maitaponi Drive, N. W., spoke on behalf of the 1 Countryside Neighborhood Alliance, and requested that Countryside Golf Course continue to be used as a golf course. He stated that not enough consideration has been given to the advantages of maintaining a golf course; a plus is Interstate 81 which extends both north and south, and as business people, vacationers, and others pass through Roanoke, they see hotels, a golf course, and an airport for air travelers. He further stated that Countryside is the only golf course in the northwest City area that is semi private, which means that anyone can play on the course and pay a nominal cost for green fees. He added that the City's high schools could sponsor golf teams, or churches and non-profit organizations could hold golf tournaments as fund raising events; and with proper management, the golf course could be beneficial to northwest Roanoke, including possibilities for other recreational amenities such as swimming, tennis, and youth training in various sports, etc. He stated that he purchased his patio home without any thought that the golf course would be destroyed, nothing could be constructed at Countryside that would ever be equal in value to a golf course, and without the golf course, there is nothing to attract people to the area due to noise from the Airport and added congestion created by additional homes, traffic and chaos. He advised that if the golf course is no longer available, property values will decline: therefore, property owners expect to be compensated by the City for the loss of value of their homes due to the proposed development. Ms. Lee Savigny, 2409 Lincoln Avenue, S. W., spoke with regard to 1 maintenance and the phYSical condition of Countryside Tennis Court which was leased to a private operator by the City. She stated that in the event the property is sold, it is requested that it be sold to the individual who is currently operating the tennis court which will allow the Countryside Tennis Club to make the necessary improvements. Mr. A. Byron Smith, 2710 Cheraw Lake Road, N. W., spoke with regard to the need for improvements to narrow City streets leading into the area of the Countryside Golf Course, as well as traffic congestion. He stated that the golf course is a plus to the City of Roanoke and to those persons who reside in the area. Ms. Sarah Higgins, 2267 Countryside Road, N. W., advised that northwest Roanoke is growing, and Countryside should continue to be maintained as an 18 hole golf course, while continuing to offer adult recreation for the citizens of the northwest City and the City of Roanoke as a whole at a reasonable price. She stated that the swimming pools should be drained, repaired and reopened, the indoor tennis courts, which are operating as a separate business from the golf course, should also be kept open and properly maintained; and Countryside should be preserved as a recreational area for the citizens of Roanoke. I I I I 315 COMPLAINTS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the Countryside Neighborhood Alliance is rightfully. concerned about their neighborhood, as well as residents of Raleigh Court due to the proposed athletic field at Patrick Henry High School. She stated that residents of northeast and northwest Roanoke are concerned about policies of the current City administration, and referred to turmoil, stress, unrest, distrust and anger among most City employees and some citizens, all of whom reside in a City that is slowly burning and loosing its very soul. She called attention to numerous out of state appointments to high level administrative positions under the three year administration of the current City Manager, and advised that Roanoke has lost some of its best home grown, knowledgeable, and qualified employees under the current City Manager's administration in which many dedicated City employees have voluntarily resigned, or were forced to retire. She called attention to the leadership of the late Mayor Noel C. Taylor who treated citizens with respect and was beloved by citizens throughout the Roanoke Valley; and expressed concern with regard to the Council's unwillingness to appoint Wendy Jones, who received the next highest number of votes cast in the May 2004 Councilmanic election, to fill the unexpired term of Council Member C. Nelson Harris upon his election as Mayor. She stressed the importance of citizens of Roanoke who must become watchful and active to ensUre that the City of Roanoke will remain a good place to live, work and play, and asked that the Members of Council display characteristics of leadership, respect, fairness and trust. Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed concern with regard to the Mayor's proposal to appropriate remaining bond funds from Victory Stadium renovations to renovation or construction of new library facilities; the removal of grass in the median between 13th Street and the Roanoke County line; and blocking of streets in downtown Roanoke on Saturday, March 18, 2006, for the St. Patrick's Day Parade. He referred to the leadership of the late Mayor Noel C. Taylor who treated all citizens with respect and advised that Mayor Taylor would not support any action to demolish Victory Stadium. He suggested that the present Council be replaced with Council Members who will live up to Mayor Taylor's vision for the City of Roanoke. Mr. Robert E. Gravely, 727 29th Street, N. W., advised that the City of Roanoke's biggest commodity is its work force, and if the City's work force continues to be downgraded, the City will lose its biggest shareholder. He stated that Roanoke's pay scale for City employees is inadequate, with some employees who live below the poverty level; there is a lack of diversity in the City's work force; the City's infrastructure is not properly maintained; Roanoke is not a safe place to live; the City is spending money that it does not have by shifting funds from one account to another; and downtown Roanoke does not offer enough activities to attract visitors to the area. 316 At 7:50 p.m., the Mayor declared the Council meeting in recess for a 1 continuation of the Closed Session. At 8:05 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, Mayor Harris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, an d Mayo r Harri snnn_nnn__._mmnnm_m_nn___nnnn__mnmu____mmm_mm_n___mnm 7 . NtI,(5i: N()r1E!----------------------------------------------------------------------------------------------(). There being no further business, the Mayor declared the meeting adjourned at 8:07 p.m. APPROVED 1 A"'o J ~ Mary F. Parker City C1~rk ~~ C. Nelson Harris Mayor 1 1 '1 1 317 REGULAR WEEKLY SESSION-h-ROANOKE CITY COUNCIL April 3, 2006 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, April 3, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Brian J. Wishneff (arrived late), M. Rupert Cutler, Alfred T. Dowe, Jr., (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris mmmnmmmmmmm_mn7. ABSENT: No nen-n ______00 ________00_________000000___ 00___0000_____00_00___000000______0000_00000. 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. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Council Member Cutler moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Fitzpatrick, Lea McDaniel and Mayor H a r ri s - 00 - - - - _00_ - - - - 0000 - - - 00 00____ _ _ 00 0000 _ _ _ _ 00 _ 00 00 _ _ _ _ _ _ 0000 00 - _ 00__00 _ _ _ _ 00 - - - - - - - -00- 00 - - - - -00-_____ _ _ _ 00 - - 5 . NAYS: No n e 00_0000______00__________00____00___00____0000____000000___00________--00 00______000000_0. (Council Members Dowe and Wishneff were not present when the vote was recorded.) Council Members Dowe and Wishneff entered the meeting. 318 TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: 1 ITEMS LISTED ON THE 2:00 P. M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M. AGENDA: BLUE RIDGE BEHAVIORAL HEALTHCARE: Council Member Cutler inquired about an e-mail from a citizen expressing certain concerns with regard to a communication from the City Manager recommending that Blue Ridge Behavioral Healthcare act as its own fiscal agent. The City Manager responded that the e-mail from Christene Montgomery, Chair, Mayor's Committee for People with Disabilities, referenced certain concerns with regard to practices of Blue Ridge Behavioral Healthcare and did not relate to the fiscal agent issue. ITEMS FOR DISCUSSION AT A JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD ON MONDAY, MAY 1, 2006 AT 9:00 A.M.: COUNCIL-SCHOOLS: With the concurrence of Council, the City Manager advised that the meeting will consist primarily of discussion with regard to the 1 fiscal year 2006-2007 Roanoke City School budget. The Mayor requested that Members of Council submit agenda items to the City Clerk. BRIEFINGS: CODE ENFORCEMENT UPDATE: HOUSING/NEIGHBORHOOD CODE ENFORCEMENT: The City Manager advised that code enforcement has been an area of concern for the City for a number of years; and Lieutenant Bryan 'Todd" Clingenpeel - Police Department, Ford Weber - Director, Housing and Neighborhood Services, in conjunction with Rolanda B. Russell - Assistant City Manager for Community Development, and the Commonwealth Attorney's Office worked as a team to study code enforcement initiatives that will involve major revisions to the Roanoke City Code. She called on Lieutenant Clingenpeel and Mr. Weber for an indepth briefing on proposed initiatives. 1 1 1 1 .".", 319 Lieutenant Clingenpeel advised that Code enforcement efforts will involve staff from Neighborhood Services, Code Enforcement, Solid Waste Management, Police Department, Environmental and Emergency Management, and the Fire Marshal's Office. Crime Prevention throuqh Code Enforcement: It is the responsibility of citizens and caretakers of the City of Roanoke to keep the City safe and beautiful. City of Roanoke Philosophy - To promote decent, safe and sanitary living conditions and increase property values throughout the City of Roanoke by striving to eliminate illegal dumping, litter, dilapidated and abandoned buildings, inoperable motor vehicles, and other blighting influences in the neighborhoods. Grime Equals Crime - 'Fight the Blight': · Accumulated Trash and Unclean Areas Trash and Clutter Inoperable Motor Vehicles Vacant Structures 'Broken Window Theory' - Broken windows, accumulated trash, and deteriorated building exteriors can indicate that no one is taking care of the neighborhood and can lead to more deterioration in the neighborhood and an increase in crime. · · · · Past Code Enforcement Activities: · Weeds and Trash ordinance adopted on May 14, 1979 · Eyesore Alert Program - 1983 · Inoperable Motor Vehicles adopted on January 1, 1996 · Rental Inspection Program adopted on July 1, 1996 · Inter-Agency Code Enforcement (ICE) Team - 1998 · Drug Blight Ordinance adopted on February 7, 2000 · Graffiti Abatement ordinance adopted on March 5, 2001 320 Current Efforts: 1 · A Guide to the City of Roanoke's Nuisance Ordinances (April 16, 2004) · ICE Team Enhanced (September, 2004) · Bawdy Places Ordinance adopted on November 21, 2005 Reasons for New Efforts Toward Code Enforcement: · Continued citizen complaints regarding crime, blight and code violations · Bulk items left on the streets for extended periods of time · Abandoned vehicles, abandoned properties and absentee landlords · Influx in vacant structure fires · Level of citizen satisfaction in the areas of weed abatement, collection of bulk items, etc. Exploring 'Best Practices': · Roanoke Neighborhood Advocates and the Commonwealth Attorney's Office sponsored a presentation by the City of Norfolk on September 29, 2005 1 · City of Roanoke personnel and citizens were exposed to an aggressive, cooperative and effective code enforcement program · A follow-up trip was made to Norfolk by City staff on January 30, 2006 Identifying Top Code Enforcement Complaints: · Inoperable Motor Vehicles · Weeds and Trash · Outdoor Storage · Property in need of maintenance · Illegal signs · Illegal set-outs · Illegal fences · Commercial vehicles in residential zones · Right-of-way visibility · Illegal business · Abandoned and open structures 1 321 1 Identifying a Systematic Approach to Code Enforcement: 1) Reorganize 2) Strengthen partnerships 3) Adopt additional ordinances, fees and penalties 4) Educate/evaluate Reorqanizinq Staff Assignments: · Deployment of code enforcement, fire, solid waste personnel, and police as a special team · More involvement of Police Officers, Fire Inspectors and Solid Waste employees in the citing of code violations · 'Co-extensive Authority' to issue violations Process: I · Creation of a 'Uniform Notice of Violation' containing code section, penalty and method of abatement of problem · Change in Notifications to Violators, UNOV posting on the door and hand-delivery, placards to be issued by Fire, Inspectors, and Health Department for unsafe structures · Investigate possible notification changes for property managers when dealing with evictions and 'move outs' in order to take immediate action to clean up items left on property for disposal · Establishment of a Commonwealth Attorney (special prosecutor) component to prosecute code violations cases, which will develop a relationship with the court and help identify repeat offenders Tracking System: · Enhancement of the database available on the City's website · Enhancement of citizen capability to track problem locations and to view actions taken · Use of a mapping system to identify problem property owners to increase accountability I 322 Strenqtheninq Partnerships I · Five C's - Citizens, City Departments, Commonwealth Attorney, the Court, and Community (Businesses and Neighborhoods) · Continue to work with citizens to problem solve and seek solutions to blight in their owner neighborhoods · Continue to work with the Roanoke Neighborhood Advocates and neighborhood groups to seek input Ord i nances/Fees/Pe nalties Code revisions, new code sections, adoption of ordinances by June 2006 Change penalties to maximum allowed by State law by June 2006 Introduction of new legislation by January 2007 Educate/Evaluate · Cross-train Department personnel - City staff will have knowledge to identify potential problems and take action · Educate citizens on code issues - Presentations in neighborhoods to 1 inform citizens of problems and action that can be taken · Develop a Reference Guide for City Employees and Citizens - City employees will have a step-by-step procedure to address particular problems, contact person for any registration or licensing issue Conclusion: It is the responsibility of citizens and caretakers to work together to keep the City of Roanoke safe and beautiful. 'Fight the Blight' can be addressed with: · A team approach · Expansion of code enforcement responsibilities across departmental lines · Cooperation and buy-in from all citizens and involved departments at all levels of leadership 1 1 1 I 323 Program Implementation Target Date: July 1, 2006 The City Manager advised that the City of Roanoke needs to raise community standards with regard to what is allowed in Roanoke's neighborhoods; for too long there has not been a clear understanding of community standards, the system to support the activity has also been unclear, and the City should adopt a "zero" tolerance relative to those property owners who do not abide by community standards. She suggested involvement by the news media to raise the awareness of property owners/citizens that the City of Roanoke will not tolerate those property owners who do not take care of their property. Council Membet Dowe asked how often the tracking system will be updated; whereupon, Mr. Weber stated that the tracking system could be updated almost immediately, and City staff will be responsible for updating information on a daily basis during the work week. Council Member Dowe inquired as to how accountability for weed control will be integrated into property that is owned by the City of Roanoke. The City Manager advised that it will be necessary for the City to abide by the same standard that is applied to the community as a whole and as the City becomes more efficient with clearing public rights-of-way, citizens will begin to clean up their property. She stated that due to budget constraints, it was necessary to increase the period of time between cuttings on City properties, and additional resources may be required to accomplish more frequent cuttings, especially in park areas. Council Member Wishneff stated that New York City took this type of approach with great success, and suggested that the City Manager schedule a news event to launch new code enforcement initiatives. Council Member Wishneff inquired as to who will be authorized to issue notices of violations; whereupon, the City Manager stated that employees of Solid Waste Management, Streets and Traffic, Public Safety and Code Enforcement Departments will have the ability to issue citations and all information gathered by employees will be entered into a database that will be utilized in court proceedings. 324 The CityÄttorney stated that ultimate authority will depend on the specific type 1 of code enforcement, and various enabling statutes will need to be followed accordingly; and there are numerous ways to deal with issues, such as criminal or injunctive relief and other self-help measures or statutes that allow localities in some cases to actually seize property. . The City Manager advised that it must be proven to the court that an illegal activity has occurred and a 30-day notice must be given to the property owner. She stated that a suggestion has been made that the City should seek additional legislative authority for instances of multiple occurrences on the same property over a certain period of time; and the City will pursue the legislative route, however, the Dillion Rule requires permission for some of the measures that involve private property rights. She stated that photographs will be taken of properties that involve code enforcement issues that will be used in court proceedings in order to demonstrate the severity of the problem. Council Member Wishneff inquired with regard to the time frame to address properties that are used for illegal drug activities; whereupon, it was advised that a minimum of 45 days is required. Council Member Lea inquired if the judiciary will be briefed on the proposed code initiatives; whereupon, the City Manager stated that in the past, the City 1 administration has been advised that it should not make these types overtures to the judiciary, and due to the level of interest in the neighborhoods, citizens may be ·in the best position to make a request for judiciary support. Mr. Web'er stated that a new position in the Commonwealth Attorney's Office has been requested for the purpose of addressing code violations and an ordinance increasing penalties, fines and incarceration will be proposed. The City Manager stated that certain internal actions will need to occur such as staff training and preparing staff to be better witnesses in court cases. Vice-Mayor Fitzpatrick suggested that there be follow up with the City's Legislative Committee with regard to any changes that need to be addressed at the 2007 Session of the Virginia General Assembly. Council Member Cutler stated that interdepartmental cooperation will be necessary, and the City should improve on its oversight of various contracts to ensure that City facilities are properly maintained. He congratulated the Clean Valley Council for hosting Clean Valley Day, and complimented the City Manager's initiative to maintain the banks of the Roanoke River through the City's Parks and Recreation Department. 1 1 1 I r'" 325 Council Member Cutler inquired if photography will be used to document certain code violations as a part of court proceedings; whereupon, Mr. Weber stated that the City has established a plan to utilize digital and video cameras to document violations. Council Member Cutler inquired if the record keeping process will be comparable to the process currently used to identify repeat offenders under the City's new parking violation program. Lieutenant Clingenpeel explained that the tracking system will allow the City to provide information regarding the date, penalty and sentencing for each violation, and the prosecutor will have the appropriate information in a report format on each case before the court;' and if approved by the City's Legislative Committee, a proposal will be included in the City of Roanoke's 2007 Legislative Program to authorize an increased fine for repeat violations and, in many cases, the fine could escalate. Council Member McDaniel suggested that a uniform telephone number be published so that citizens will know where to report code violations. The City Manager expressed appreciation for the positive comments and input by Council, and advised that the issues represent common problems that impact the workload of all City departments. She stated that timing and buy-in will be important, and over the years, neighborhood organizations have become stronger and more . committed to raising and to being held to a higher community standard. She added that it may be necessary to request additional resources in the future, and by sharing the workload, more work can be accomplished by City staff. POLICE INITIATIVES: The City Manager called upon Joe Gaskins, Chief of Police, to present a briefing on police initiatives relating to crime and ongoing police activities. Chief Gaskins advised that: Recent published reports concerning the crime rate in Roanoke are not indicative of the daily efforts of police officers. The Police Department realizes that crime reduction is an integral component of its over all efforts. In response to published reports, as well as Police Department findings, he reviewed the following programs and accomplishments: 326 O-Tolerance for Patrol Officers and Other Uniform Personnel 1 Using the Broken Windows Theory of crime reduction, officers have begun to make arrests on many violations. Selective traffic enforcement generally leads to arrests of a more serious nature. An example would be on Friday or Saturday night, people will leave a night club around 1 :30 - 2:00 a.m., caravan in about 40-50 vehicles to local stop-in's, once they reach their destination, they congregate on the lots, play loud music, and dance which leads to fighting, which sometimes leads to shooting. (Police want to take a practical approach, and work with business owners with regard to those persons who trespass on the property and arrest those persons at the onset who act in the 'disorder' mode before they move to more violent crime.) Orange Avenue, N. E., 157 summonses were issued· in order to reduce traffic accidents. Grant funded aggressive driver enforcement - 472 summonses were issued over a period of six months. Two Williamson Road traffic check points produced .117 arrests for 1 criminal and traffic-related violations. More drugs are confiscated during traffic· arrests than during drug investigations. Warrant Service Persons wanted for violations of crime usually commit more crime. Arresting these individuals sooner will reduce the number of incidents. To do this, the Police Department is: having more warrant service days; concentrating on individuals with multiple warrants and lengthy criminal histories; 1 327 I promoting efforts like OPERATION INKED (March 29 - 30, multi- agency effort to arrest wanted people after placing 3,100 names in the newspaper, results were 474 persons arrested and 512 warrants served, two complaints were filed because their names were published in the newspaper.) additional arrests are expected after completion of the investigation of approximately 200 leads. Reduce Sex Crimes and Violence Aqainst Women The Police Department has surveyed warrants to identify past sex crime offenders and prioritized those individuals for arrest on outstanding warrants. The Police Department has reviewed the sexual predator registry to identify past sex offenders not registered; and two were located, one of . which has been arrested. Re-Focus Street Crimes Unit 1 Concentrate on those areas (not specific crimes) that provide the greatest amount of violent crime statistics. Focus on crime hotspots and crime trends, not the crime of the day. Narcotic reversal operations in the hot spot areas netted 30 arrests for drug related crimes. Violent Crimes/Orqanized Crime Task Force (VCTF) Created to reduce drug-related violent crime; one drug related murder has occurred since January 2004. Originally identified eight narcotic organizations and 75 persons as targets. In two years, the unit has removed seven of the eight organizations from the community by arresting over 80 persons associated with the groups. 1 328 Seized $800,000.00 in money and vehicles, $480,000.00 in cocaine and I marijuana, and 98 firearms over a period of 27 months. The Police Department would like to implement new technology known as 'gunshot detector' through the use of grant funding. The equipment will detect a weapon that is being discharged in a neighborhood by cameras triangulating on the sound and taking a photograph of a particular area. Crime Prevention Throuqh Environmental Desiqn (CPTED) New initiative to reduce crime in apartment communities. Police Officers will complete crime prevention assessment surveys for property owners signed up with the program. Property owners will make suggested improvements. A portion of improvement costs will be refunded to property owners through the Community Development Block Grant program. Retention and Recruitment 1 The January 2005 pay increase resulted in increased recruitment and retention. 1 8 months ago, the Police Department experienced its worst officer shortage in history, with approximately 36 positions, or 14% of allocated positions vacant. Currently, five police officer positions are vacant, three of which are due to retirement. The Police Department now selects from a larger number of qualified applicants. Cops in the Neiqhborhood The Take Home Car Program has increased the number of police officers living in the City from 21 to 63 over a five-year period, which is a 200% increase. I 1 1 I 329 Two officers live in lower income neighborhoods in houses that were renovated by the City. Future expansion of the program is expected. Clearance Rates Above National Averaqe A crime is cleared when the suspect is arrested, or when a suspect is identified and the prosecution of the suspect is declined. A glitch in the system has been detected, i.e., the Police Department will report 300 aggressive assaults to the State, however, when the number arrives at the State, it may be 400-450. Aggravated Assault Homicide Rape Robbery Burglary Larceny Motor Vehicle Theft Arson Roanoke 78% 69% 71% 33% 25% 28% 47% 66% National 56% 63% 42% 26% 13% 18% 13% 17% Chief Gaskins stated that there has been an upturn in violent crimes in the City of Roanoke, and the Police Department has taken steps to address the issue through such initiatives as the Violent Crimes Task Force, Street Crime personnel, "gunshot detector" equipment, and serving more warrants in order to take more people off of the streets who are committing crimes. Council Member McDaniel requested that Chief Gaskins address the issue of gang activity in Roanoke; whereupon, he stated that there are individuals in the City of Roanoke who refer to themselves as a gang; however, the Police Department has refused to recognize them as gangs, but prefer to call them criminals because they break the law, they are arrested and placed in jail, and glorifying these individuals with a special name does not add anything to what the Police Department is attempting to accomplish. He stated that a task force was established in 1998-99 to track those persons who are involved in various groups that consider themselves to be part of a gang, and the task force continues to meet and to arrest persons who are associated with the various groups. 330 Council Member Cutler congratulated Chief Gaskins and the Police Department 1 on crime prevention efforts, and specifically cited community policing initiatives and Operation Ink. Council Member Cutler requested that Chief Gaskins provide an example of crime prevention through environmental design; whereupon, Chief Gaskins advised that numerous actions could be taken to affect the behavior of individuals; i.e., apartments that have dark and unlit areas could be improved by adding lights, the planting of shrubbery that would discourage personal contact, and closing breezeways by directing persons elsewhere. He stated that upon requests police officers conduct safety assessment surveys (known as target hardening) to determine measures that could be taken to help prevent crime before it reoccurs, or before crime initially occurs. Council Member Dowe commended Chief Gaskins on crime prevention efforts by the City's Police Department. He stated that the City of Roanoke is considered to be one of the more pro-active communities in the nation with respect to law enforcement efforts and responsibilities. Council Member Lea commended the Police Department and the various departmental initiatives, and asked that law enforcement move aggressively on the 1 issue of domestic violence. Council Member Lea inquired if there is gang activity in the City of Roanoke, or does the Police Department refuse to call certain persons or groups gangs, even though they engage in the same activities as gangs. Chief Gaskins responded that there is the basic "want to be a gang" group composed of home-grown people who come together and commit crimes when there is an opportunity, and there is no chain of command within the group. He stated that the basic gang, such as the "Bloods" and "Cripts", are formulated with people in charge, .and engage in a specific crime that is used for profit; and Roanoke has the home-grown group, who, for example, might walk by a car and if the window was open, they would take a cell phone from the car seat, that might be on the seat, or deal dope in the neighborhood. He stated that these are the types of people that the Police Department refuse to glorify by referring to them as gangs because they are criminals who should be put in jail whenever there is an opportunity; and the City is taking the necessary action in terms of enforcement. I 1 1 1 331 The City Manager advised that often times, pro-active cities such as the City of Roanoke are left out of Federal funding, and because the City took the initiative after September 11, 2001, to train employees in Homeland Security, Roanoke has become a trainer for other localities in the nation on Homeland Security. She stated that the Police Department has employed a detective who serves on a National Board dealing with gangs and travels around the Commonwealth of Virginia to train other police officers with regard to identification and investigation of gangs, and the Police Department is aware of any problems and maintains a data base containing information captured during investigations. Council Member Wishneff requested a clarification of the term, "and the prosecution of the suspect is declined", as previously referenced by Chief Gaskins. Chief Gaskins responded that the term refers to a sexual assault case where the suspect is known, but the victim refuses to prosecute, or for some reason the Commonwealth Attorney's Office declines to prosecute the crime, and there are instances when the Police Department does not have as much impact in certain circumstances because the responsibility of prosecution falls under another entity of the criminal justice system. The City Manager called attention to issues in connection with domestic violence where certain circumstances might encourage people, either consciously or unconsciously, to sometimes decline prosecution. She stated that the City is investigating ways to enforce prosecution after multiple actions have been reported, because there are instances when police officers respond to a domestic violence call on repeated occasions, and when the case goes to court the affected parties have temporarily reconciled which is often not a permanent resolution. She added that prosecution of a case is the call of the Commonwealth's Attorney and the City is attempting to educate and train staff on how to better present a case in order to have more cases prosecuted through the court system. The City Manager stated that with the Council's endorsement, an additional attorney for the Commonwealth Attorney's Office will be funded 100 per cent through local funds in the 2007 fiscal year budget to prosecute code enforcement cases exclusively; and the present Council and succeeding Councils will be called upon to consider the provision of more resources to the Commonwealth Attorney's Office in order for the City to aggressively prosecute code enforcement cases. 332 Mayor Harris referred to a recent article in The Roanoke Times that quoted 1 certain disturbing crime statistics with regard to the City of Roanoke that were portrayed as being a reflection of reality when, in fact, it is widely known that crime statistics, while helpful to some degree, are reported in different ways by different communities, with different levels of under-reporting. He stated that the use of crime statistics as a portrayal of the reality of a community is extremely unfortunate, because it is a well known fact that statistics are flawed in a number of areas. He noted that within two - three days after the article was published, he received a detailed letter of apology from the author who made statements regarding the Roanoke community that had no basis academically and went well beyond what any legitimate academic research would have concluded, to say that Roanoker's were mean and that Roanoke was not a safe place for women and children based on a very cursory review of certain statistics. He further stated he was given permission to share the letter, and did so with the City Manager and the Chief of Police, but he decided against sharing the contents of the letter with the news media because there was no benefit in continuing the dialogue, and he offered to make the letter available to any member of Council who wished to receive a copy. He further stated that ten additional police officers will be recommended by the City Manager in the 2007 fiscal year budget, and based upon initial responses, the Members of Council are supportive of the recommendation. 13th STREET/HOLLINS ROAD TRANSPORTATION PROIECT UPDATE: 1 of Robert K. Bengtson, Traffic Engineer, and Kenneth H. King, Jr., Manager Transportation, presented the following update: Hollins Road/13th Street Extension VDOT Project No. UOOO-l 28-11 3 Tvpical Section · Four-lane typical from Orange Avenue to Wise Avenue - 35 mph design speed Surrounding properties are industrial/commercial Four-lane bridge Two-lane typical from Wise Avenue to Dale Avenue - 25 mph design speed Surrounding properties are more residential Minimizes impact on neighborhood both visually and from right-of- way acquisition need Bike lanes included throughout Crossing overhead utilities only placed underground Wide medians and sidewalks set back from the curb line to increase landscaping opportunities 1 · · · · · · · · 1 1 I h."., '", ......; ':!:¡:i 333 Rqundabouts vs. Siqnalized Intersections · 13th and Tazewell - existing signal proposed to be removed · 13th and Wise - currently not signalized, projected traffic volumes would meet warrants for a signal · Signals would require additional lanes and associated larger foot p ri nt · Roundabouts meet traffic needs, provide gateway and aesthetic opportunities, and can better control travel speeds Left turns will be restricted at certain streets - Campbell Avenue, Kirk Avenue, Church Avenue, Stewart Avenue · turn restrictions ensure efficient traffic flow and minimize the number of lanes, especially turn lanes · these streets extend only a few blocks in either direction · main arteries into Downtown are maintained Schedule · Citizen Information Meeting - Wednesday, May 17, 2006 Fallon Park Elementary School 5:00 - 7:00 p.m. · Public Hearing - Spring 2007 · Right-of-Way acquisition begins - 2007 · Construction advertisement - 2010 Mr. King called attention to discussions spanning a number of years with regard to the 13'" Street improvement project, which would basically continue north to Orange Avenue, the key improvement being the grade separation at the railroad tracks which would enhance mobility and movement of traffic; the 1 3'h Street project was the only project that was removed from the Six Year Transportation Plan for a brief period of time and was reinstated in a subsequent fiscal year; the project is now in the phase of finalizing the conceptual plan, followed by the preliminary plan, and VDOT citizen participation meetings will begin in May to address design issues. He explained that the task is to connect southern and northern communities and to afford better mobility, while remaining supportive of neighborhood environments and goals; two distinct components to the project are: the southern end has more of a neighborhood characteristic and the northern end has an industrial characteristic, and includes the Solid Waste Transfer facility, which has an attractive and presentable appearance and will influence the general theme in that portion of the project. He explained that landscaping is very important and VDOT has assigned staff from the Richmond office to work on that particular component of the project. He stated that "roundabouts" are an option, as well as more traditional signalized intersections; the 334 key is travel speed, as well as character; since "roundabouts" collect the travel path of vehicles, speed will have to be reduced in order to comfortably navigate turns; and 1 with "roundabouts", left turns are made by continuing counter-clockwise around the circle, negating the need for a left turn lane, leaving space that affords an opportunity for landscaping and making a gateway into the community. He added that the Comprehensive Plan for the area estimates traffic volume in the northern section to be about 21,400 vehicles per day, and the southern section through neighborhoods to be about 14,400 vehicles per day; therefore, the northern portion will need to be a four-lane road throughout, the southern portion can be a two-lane road, with landscaping and a mature tree canopy along the curb through the neighborhood and a restriction of left turn lanes in order to enhance roadway safety. He stated that . another key component of the project is the bridge over the railroad tracks, which must be aligned more to the east in order to span the tracks without a center support and to keep the width more manageable; several buildings located in the area will be affected and VDOT will fine tune the impact and precise design. The City Manager called attention to future plans to widen Orange Avenue from 13'" Street to Gus Nicks Boulevard to six lanes in the next Six-Year Transportation Plan Update, which has a bearing on increasing the northern portion of 1 3th Street to four lanes. Council Member Cutler inquired if the roundabouts at Wise Avenue and 13'" Street will be designed to accommodate large trucks; whereupon, Mr. King stated that I the roundabouts will be designed to accommodate full tractor trailer type trucks. Mr. King advised that Orange Avenue is not the end of the 13th Street project, and upgrades will be needed at the intersection of Orange Avenue, possibly with dual lanes coming off of Orange Avenue onto 13'" Street; at the southern end, near Dale Avenue, which is one block away from the tie-in with Jamison and Bullitt Avenues, there may be a desire to continue the landscaping island up to the signalized intersection, rather than ending the landscape island in advance of a wide asphalt area; and the City is working with VDOT officials to install the majority of utilities underground where they cross the roadway, however, a major transmission line is not capable of being placed underground. Council Member Dowe inquired if roundabouts are an option, or an element of a conceptual plan; whereupon, Mr. King advised that VDOT and City staff recommend roundabouts with the knowledge that there are currently no roundabouts in any community in the City of Roanoke, and the standard signalized intersection has also been included for discussion. 1 1 I 1 ,. .": -. .~. 335 Council Member Dowe advised that with roundabouts, emergency vehicles could be challenged because travel time could be decreased by ten seconds to make a left turn in a counter-clockwise lane, therefore, he suggested that the City obtain input by VDOT. Mr. King responded that there will be more information at the public hearing with regard to roundabouts in general as well as information on the experience of VDOT with regard to roundabouts in other parts of the state. He noted that roundabouts can be confused with traffic circles with stop signs at various places within and yield signs will be installed for traffic that isalready in the circle; specific design and functional aspects are associated with roundabouts, and years of European experience and knowledge regarding roundabouts will be helpful in designing roads and addressing issues such as road grade. Vice-Mayor Fitzpatrick stated that the roundabout concept would help neighborhoods and provide a good use of pavement and beautification. He stated that traffic volume on Wise and Tazewell Avenues would not cause any major problems, and roundabouts would be a favorable concept to complete the last major artery project into the City. Council Member Cutler inquired as to the diameter of the island in the right-of-way; whereupon, Mr. King stated that typically, there are two islands in the roundabout, a landscaped island in the center and some type of raised apron constructed of brick or concrete on the outside area, with the overall diameter of the inside circle being approximately 110 - 150 feet across, which would afford sufficient space for landscaping or public art. On behalf of the Council, the Mayor expressed appreciation for an informative briefing. Dr. Martin Luther Kinq Ir. Memorial Bridqe Proiect Update. Scott Hodges, representing Hayes, Seay, Mattern and Mattern, presented the following: Backqround · Council reviewed four concepts for the Dr. Martin Luther King, Jr., Memorial Bridge in September 2004; Alternate B - restore the existing bridge for unrestricted pedestrian use was chosen as the desired alternate; eliminated vehicular use · Estimated 2004 bridge design cost was $200,000.00 · Estimated 2004 bridge project cost was $2.2 million · Estimated 2004 MLK enhancement features project cost was approximately $500,000.00, which includes the statue, platforms, columns, etc. 336 Proiect Status · Total Estimated 2004 Project Cost was $2.9 million 1 · Project advertised in February 2006 · Bids received in March 2006 · Two bidders on the project: . Allegheny Construction - $2,779,528.00 . DLB,lnc. - $2,819,572.00 · Total estimated project cost in 2006 - $3.9 million, which includes all project elements and features such as statue and MLK memorial items Cost Differential (2004:2006) · Total estimated 2004 project cost - $2.9 million · Total estimated 2006 project cost - $3.9 million · Cost differential (2004-2006) - $1 million Factors Impactinq Constructi.º_n Costs · Virginia Department of Historic Resources (VDHR) requires use of stone masonry · VDHR requires replication of the existing railing · Structural steel price increases in a volatile market · Cement price increases · Diesel fuel and gasoline price increases 1 · Hurricane Katrina, August 2005 Quantifiable Construction Cost Increases · Stonemasonry - $50,000.00 · Replication of the existing railing - $150,000.00 · Average Project Inflation September 2004 to September 2006, '-0% - 12% = $300,000.00 · Total Quantified Increases - $ 500,000.00 Non-Quantifiable Construction Cost Increases · Federal money requires the use of Federal wage rates · Federal money eliminates pre-award negotiations · Federal money requires DBE participation of 7% · Federal money requires VDOT participation I I 1 1 337 The City Engineer reviewed the following funding options: · Re-Bid the project with removal of some enhancements · Re-Bid the project without Federal requirements · Move with VDOT consent excess funding from the Wonju Street Project to cover the difference · Award the project and value engineer the project for savings (50% contractor/50% City Benefit); City covers the difference to award the project · Award the project; City covers the difference to award the project. Due to recent changes in Wonju Street/Colonial Avenue enhancements, the City Manager advised that the City has $5 million in excess funds in the Six- Year Plan, for the Wonju Street project. She called attention to the uniqueness of the situation which allows the City to reallocate Federal funds to a locally funded project. Vice-Mayor Fitzpatrick requested assurance that the transfer of excess funds will not affect the new plan for Wonju Street/Colonial Avenue enhancements. The City Manager explained that originally, several million dollars were allocated to the Wonju Street/Colonial Avenue project; however, a solution for the Wonju area was identified that would not require the same magnitude of funds; therefore, she proposed that any excess monies be transferred to cover the balance of funds needed for the Dr. Martin Luther King, Jr., Memorial Bridge, although the City could request more than the $1 million difference to replenish City funds that have been allocated to the MLK project. She stated that given the cost of projects today, having the option to use excess funds would allow the City a level of flexibility; however, it will be necessary to discuss the matter with VDOT officials to determine if there is support for the use of funds beyond $1 million, and to ensure that the MLK project will move forward in a timely manner. It was the consensus of Council to concur in the City Manager's proposal. 338 Century Square Update 1 Steve Buschor, Director, Parks and Recreation, advised that Century Plaza is a non-traditional park located across the street from Fire Station No.1; the City has partnered with Local Colors to create a venue for cultural entertainment during the summer months, and events will be tentatively scheduled on a monthly basis, depending upon resources, availability of entertainment, vendors, etc. Gary Hegner, Park Superintendent, advised that City staff received approval from the Architectural Review Board in January 2006 to install awnings in Century Plaza; $8,800.00 was included in Phase I for the purchase of additional furniture, including one 6' curved bench with back, two 6' straight benches with back, two individual chairs with back and arms, three 40" tables with base, a table with two arm chairs, and two additional individual chairs with arms per table, in order to comply with ADA requirements; and installation is anticipated toward the latter part of April, with additional chairs, tables, planter boxes, landscaping, etc., to be forthcoming. Council Member Cutler inquired if the furniture will be secured to the deck;. whereupon, Mr. Buschor advised that only the longer benches will be secured because of the need to move free standing furniture within the area. 1 He further advised that a small portable wooden stage will be constructed for various types of performances. Council Member Cutler asked about vendor participation: whereupon, the City Manager advised that two locations have been identified for vendor participation, and food vendors in the City Market area are reluctant to participate. Vice-Mayor Fitzpatrick expressed concern that the free standing furniture could become a target by vandals, or a sleeping place for homeless persons. DIRECTOR OF FINANCE-TAXES: The Director of Finance presented a briefing on the Personal Property Tax Relief Act (PPTRA). He advised that: Prior Tax Relief Program: · Provided 70 per cent relief from personal property taxes on the first $20,000.00 of value for qualifying vehicles Owners of vehicles assessed at $1,000.00, or less, received 100 per cent tax relief Qualifying vehicles are owned by an individual and must be for personal use only I · · I I 1 339 Tax Relief Program 2006 and Beyond: · Caps reimbursement for PPTRA at $950 million statewide for tax years 2006 and beyond · Prorated to localities based on tax year 2004 · City of Roanoke to receive $8,075,992.00 annually · Spring billers, like Roanoke, will receive the majority of tax year/fiscal year 2006 reimbursement in July 2006 · Current reimbursement program for tax years 2005 and prior ends September 1, 2006, or when current budgeted funds are exhausted · Localities were given options for implementing PPTRA changes · City CounCil adopted Ordinance No.3 7221 in October 2005 · "Specific Relief' method adopted for computing tax relief · Äpplies tax relief to individual vehicles on a per cent basi · Both dollar and per cent relief will be shown on tax bill · Allocation of relief at a single percentage to the first $20,000.00 of personal vehicle value· Full relief provided for vehicles valued at $1,000.00 and less Localities may "balance bill" delinquencies at September 1, 2006, or when State funding is depleted Percentage of relief to be adopted annually by City Council Setting PPTRA relief rates or percentages is a matter of forecasting and estimation · · · · · PPTRA allocation model developed by a group of Treasurers, Commissioners of the Revenue and Finance Directors · Analysis of 2006 assessment data · No requirement for "settling up" · Roanoke relief for tax year 2006 is 66.19 per cent. The Mayor advised that Council will be requested to take formal action on the matter at its 2:00 p.m. session. At 12:00 p.m., the Mayor declared the Council meeting in recess to be immediately reconvened for a joint meeting of Council and the Industrial Development Authority. 340 At 12:00 p.m., the Council meeting reconvened in Room 159, Noel C. I Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for a joint meeting of Council and the Industrial Development Authority, with Vice-Mayor Beverly T. Fitzpatrick, Jr., and Chair Dennis R. Cronk presiding. CITY COUNCIL MEMBERS PRESENT: Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea Brenda L. McDaniel and Mayor C. Nelson Harris (arrived late) nnnnuhmmmm_nmm_mmnnn'_nmn7. A BS ENT: No nenmnnnnn_n___nn _nnnn___nn nnnnn m_nn_n_nnnnn__hnnn_O. The Vice-Mayor declared the existence of a Council quorum. INDUSTRIAL DEVELOPMENT AUTHORITY DIRECTORS PRESENT: Linda D. Frith, F. Gordon Hancock, Charles E. Hunter, III, Stuart H. Revercomb, Allen D. Williams, and Dennis R. Cronk_m_nm_hnnnnnmnmmmm__mnmnmmnmmmm6. ABSENT: Director S. Deborah Oyler_nm_nnmmnhnnn_mmmmm_n_mnn_l . OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham, City Manager: William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. Representing the Industrial 1 Development Authority: Harwell (Sam) M. Darby, Jr., Counsel; Glenna O. Ratcliffe, Secretary; Industrial Development Authority; and R. Brian Townsend, Director, Planning, Building and Economic Development. The invocation was delivered by Council Member Sherman P. Lea. ANNUAL REPORTS-INDUSTRIES: On behalf of the Members of Council, the Vice-Mayor welcomed Directors and staff of the Industrial Development Authority. Chair Cronk presented an update on activities of the Industrial Development Authority. (See Annual Report on file in the City Clerk's Office.) 1 1 I I 341 Chair Cronk advised that the Industrial Development Authority of the City of Roanoke (IDA) was established in 1968 for the purpose of aiding and assisting the City in economic development efforts and to facilitate the issuance of industrial revenue bonds; the IDA, by Charter, is provided with the authority to acquire and own property, etc., so long as the property is used for industrial development and economic development purposes on behalf of the City; the IDA consists of seven members who serve three year terms of office; and meetings were previously held at the Roanoke Regional Chamber of Commerce, with staff support provided by the Chamber of Commerce. He stated that in 2002, the IDA accepted the City Manager's offer to provide staff support through the City's Economic Development Office, and meetings are currently held at the Economic Development Office at Franklin Plaza on the second Wednesday of each month. He added that the IDA currently manages approximately $320,000,000 in outstanding industrial revenue bonds, of which $308,000,000 are directly related to Carilion Health Systems; and over the past eight months, the IDA and its counsel has worked closely with Carilion to prepare for the issuance of a multiple bond issue in the total amount of $308,465,000 to refinance certain debt. He stated that an administrative fee, which is based on a portion of bonds issued during the life of the bonds, was initiated and will generate $75,000.00 of income to the IDA in June 2006 and $139,000.00 annually thereafter so long as the bonds are outstanding, to be used as a pool of funds to be directed toward economic development efforts in the City of Roanoke. Chairman Cronk advised that the IDA held six meetings during the year 2005, with an average attendance of five Directors per meeting; $55,000.00 of façade grants were awarded, and 32 performance agreements were considered, including $9 million for the new Ukrops Store; for the period July 1, 2005 - March 30, 2006, eight meetings were held with an average attendance of five Directors per meeting and the IDA approved $200,000.00 in façade grant applications and one performance agreement for the Home Depot project on Route 220. He explained that the façade grant program has been administered by the IDA for approximately two years and was established to improve the outside appearance of buildings. Chair Cronk stated that currently, the maximum amount that can be awarded for a façade grant is $25,000.00; and it is requested that the maximum amount be increased to $100,000.00; and the interpretation of "façade" should be modified since some buildings have front corners; or two fronts, which is sometimes debatable. 342 In closing, Chairman Cronk advised that the Industrial Development I Authority looks forward to working with the City on future economic development issues. Director Hancock spoke in support of the IDA serving as an active committee of the City and working with the City staff on economic development issues. He requested that the Members of Council provide input with regard to the role of the IDA, and asked for suggestions by Council on the use of future administrative fees to be collected by the IDA. Vice-Mayor Fitzpatrick commended the positive partnership between the City of Roanoke and the Industrial Development Authority. He suggested that there be further dialogue with regard to the use of administrative fees for the Façade Grant Program and for marketing purposes. He stated that currently the City is looking at entrepreneurial kinds of projects that create jobs, many of which are technically oriented, therefore, the IDA could provide direction on whether administrative fees could be used to enhance the business· incubator program, or in conjunction with programs sponsored by Virginia Tech. Council Member Wishneff suggested that Roanoke's IDA look at what other Industrial Development Authorities throughout the Commonwealth of Virginia are doing that create revenues for their respective localities. He stated 1 that a potential role for the IDA could involve an audit of economic development; Le.: what is the function of each layer of economic development and is each layer appropriately staffed. He called attention to the flexibility that is afforded to the IDA in its capacity as an independent body. Chair Cronk advised that a survey was conducted. of Industrial Development Authorities throughout the Commonwealth of Virginia which revealed that they all perform different functions and a key component to the success of each entity is strong staff support. Director Hancock pointed out that the survey also revealed that the City of Roanoke's administrative fee is approximately one-half of the fee charged by other Virginia localities, the 50 per cent rate was selected to assist Carilion Health System and can be changed at any time. With regard to economic development, Council Member Dowe advised that in excess of 1,500 jobs have been created in the City of Roanoke over the past four years, and somewhere in the range of $260 million has been collected in revenue. He asked if the IDA has any concerns with regard to enterprise zones and technology zones. I 1 1 1 343 Mr. Townsend advised that the Enterprise Zone was established by Council with approval of the Commonwealth of Virginia, and the City of Roanoke maxed out last year in the acreage requirement that can be devoted to enterprise zone boundaries. He pointed out that every 12 months, the State allows localities to amend program guidelines for Enterprise Zone designation; and there is a need to amend the administration of façade grants with regard to the amount of funds that can be allocated toward a specific project, which will require action by the Council and the Commonwealth of Virginia. He pointed out that the IDA conducts an annual audit which tracks all funds that are transferred to or from the IDA, in addition. to audits that are performed by the City's Municipal Auditor. Mayor Harris commended the work of the Industrial Development Authority which is important to the economic development vitality of the Roanoke community. In response to a question raised by the IDA with regard to the type of services that the IDA could provide to the City, he stated that he would seek input by the City Manager and report to the Industrial Development Authority accordingly. Council Member Cutler referred to the City Market study in which the consultant submitted recommendations on how to improve the appearance and vitality of the overall Market area, and inquired if the IDA could be of assistance in that regard. The Chair responded that the IDA can be of assistance to the City in numerous ways if it is in the form of economic development. The City Manager advised that the City administration will begin to address ways in which the IDA can be involved that have not heretofore been discussed. She stated that at a future meeting, she would be interested in discussing what proportion of funds devoted to façade grants should be allocated to small façade grants versus large façade grants. She advised that Council will be provided with a copy of the final report of the City Market consultant and it will be necessary to prioritize items, as well as those items that will involve the private sector, and as the process moves forward, today's discussion raised the visibility of the role of the Industrial Development Authority. In a discussion of the role of the IDA, the City Manager advised that the IDA can purchase hold, and develop property in much the same way that the City has used the Roanoke Redevelopment and Housing Authority in the past. She stated that a challenge is the need for staff support since the IDA is a citizen based group. 344 In summary, the Vice-Mayor suggested that City staff provide information 1 to the Council with regard to the powers and duties of the IDA, a review of options whereby the City and the IDA could partner in different ways, and a scope of issues that currently face the City of Roanoke and the role of the IDA with reference to those issues that could be somewhat different than the past role of the IDA. Vice-Mayor Fitzpatrick stated that there is a lack of developable sites in the City of Roanoke, and it will take a lot of work to create development that generates income. Therefore, he stated that the relationship with the IDA will be a much more important partnership in the future. It was noted that eligibility for the Façade Grant Program is based on first come, first serve criteria, and modification of the program should be considered by Council. At 12: 54 p.m., the Chair declared . the meeting of the Industrial Development Authority adjourned. At 12:55 p.m., the Vice-Mayor declared the Council meeting in recess, to be immediately reconvened for continuation of the 9:00 a.m. Council briefings. MARKETING CITY PROPERTY 1 The City Manager advised that the City of Roanoke wishes to market certain City-owned property and requests input by Council with regard to paying a realtor's commission fee. She explained advised that heretofore, the City has resisted paying a realtor's commission on the purchase of City property since the value of land is used as a part of negotiations to attract prospective businesses to the community. She stated that the City has considerable flexibility in discounting the value of land; however, because the City now has ownership of the former YMCA facility, the possibility of constructing an office building on the surface lot adjacent to the proposed City garage is under consideration. R. Brian Townsend, Director, Planning Community and Economic Development, advised that three parties have expressed an interest in submitting development proposals to the City with regard to the former YMCA facility; whereupon, he called attention to the Council's previous direction to dispose of the property based on the best development proposal, without the assistance of a realtor. He explained that other localities such as Norfolk, Richmond and Charlottesville follow the same policy as the City of Roanoke, which is to issue a notice advising of the availability of property for 1 development, the most qualified developer is selected, and if a realtor is 1 1 1 345 involved in the process, the commission is paid by the developer. He added that the City of Newport News has adopted a specific policy regarding commissions which is based on the selling price of the property, the City of Williamsburg enacted a policy establishing a set fee, and remaining localities operate on a case by case basis, or require the buyer to pay the realtor's commission fee. Mr. Townsend stated that due to the type of properties that are marketed by the City of Roanoke and since a sale price is rarely assigned, it is difficult to involve a realtor due to potentially complicated negotiations with potential developers. He added that an inventory of all City-owned property was completed which revealed several small parcels of City owned land, and approval by Council may be necessary to engage the services of a realtor to represent the City's interests in the disposal of certain parcels of land that are too small or isolate for development. The City Manager stated that the City of Roanoke has been comfortable with the policy of not paying realtor commission fees; however, because there are several visible pieces of City owned property,criticism has been expressed by the real estate community with regard to the City's position. Council Member Cutler advised that one exception to the policy is land owned by the City of Roanoke outside of the City's boundaries, such as Coyner Springs; whereupon, Mr. Townsend stated that Coyner Springs is the largest assemblage of publicly-owned property outside the City limits, with a portion that is leased to the adjacent Jeter Farm, several parcels of land that are used by the Juvenile Detention Center, and other parcels of land that are open green space. The City Manager added that some of the parcels of land were transferred to the Western Virginia Water Authority.. Council Member Cutler called attention to a proposal of the Bush Administration to sell isolated tracts of national forest land to the highest bidder. He stated that consideration should be given to identifying some of the land that was included in the recent inventory of City-owned property for park purposes. Mr. Townsend advised that the inventory of City-owned property has been forwarded to all City operating departments and to the Western Virginia Water Authority for review with regard to retention and/or disposal of properties. 3.46 Council Member Cutler also suggested land exchanges as an option. There being no further discussion, it was the consensus of Council that the City of Roanoke will continue to market City-owned property. 1 The Mayor declared the Council meeting in recess to be immediately reconvened in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, for one Closed Session. The Council meeting reconvened at 1 :50 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of the Council in attendance, except Council Member McDaniel, Mayor Harris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Cutler moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or . considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s - _000000__ - - - - 0000 00 - - 00 noon _- - - - 00 00 00 0000 0000 __ - - 00 0000 - - - - - - - - - 0000 __ - - 00 _.00_0000 - - 00 00 __n 006 . 1 NAYS: No n e_nn_n____nnn____nnnn_____________n_n_____nn______nnh_000000__________00_0. (Council Member McDaniel was absent.) OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: The Mayor advised that there is a vacancy on the Parks and Recreation Advisory Board created by the resignation of James C. Hale, for a term ending March 31, 2009; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Evelyn W. Manetta. There being no further nominations, Ms. Manetta was appointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2009, by the follOWing vote: FOR MS. MANETTA: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harrismnmmmuo__nmmmnmn_mmmu_mm___nnm______n__m_nn6. I 1 1 I :r·'·l.; 347 (Council Member McDaniel was absent.) HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Fair Housing Board created by the resignation of Rich G. McGimsey, for a term ending March 31, 2007; whereupon, he opened the floor for nominations. Vice-Mayor Fitzpatrick placed in nomination the name of Krista Blakeney. There being no further nominations, Ms. Blakeney was appointed as a member of the Fair Housing Board to fill the unexpired term of Rich G. McGimsey for a term ending March 31, 2007, by the following vote: FOR MS. BLAKENEY: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris-mmmmumn_mm_mmmmm_m__mmmmmm6. (Council Member McDaniel was absent.) COMMITTEES-SCHOOLS: The Mayor advised that on June 30, 2006, there will be three vacancies on the Roanoke City School Board for terms commencing July 1, 2006 and ending June 30, 2009; and pursuant to advertisements in The Roanoke Times, applications were submitted by: James P. Beatty, Caren D. Boisseau, Jason E. Bingham, Chris H. Craft, Jay Foster, Alice P. Hincker, E. Duane' Howard, Mae G. Huff, Randy L. Leftwich, Mark S. Lucas, Charles W. McClure and Todd A. Putney. It was the consensus of Council that the following persons will be interviewed for the upcoming vacancies on Monday, April 17, 2006, at 11 :45 a.m., and on Monday, May 1, 2006 (hour tentative); and the Council will hold a public hearing on Monday, May 1, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, to receive the views of citizens. James P. Beatty Caren D. Boisseau Mae G. Huff Mark S. Lucas Jason E. Bingham Jay Foster Randy L. Leftwich Todd Putney At 1: 5 5 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the City Council Chamber. 348 At 2 :00 p.m., on Monday, April 3, 2006, 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. 1 PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor C. Nelson rlélrris-----------------------------------------------------------------------------------------------------------{). ABSENT: Council Member Brenda L. McDaniel-mmnm--oooooo-m-h--mn-m-l. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: I CITY EMPLOYEES-DECEASED PERSONS: Vice-Mayor Fitzpatrick offered the following resolution memorializing the late Margaret "Fran" Cox Fulford,a former employee of the City Attorney's Office: (#37339-040306) A RESOLUTION memorializing the late Margaret "Fran" Cox Fulford, an employee of the City for thirty-seven years. (For full text of resolution, see Resolution Book 70, Page 195.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37339- 040306. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri S_oooo____oo_oooo______n__nh__oo__oo______oooooo_________noooo_nn____0000_00______________00_6. NAYS: No n e _____oooooonnnnn_mnooU_U_n_nn _nn___oo_moooooonnn_n_nnU_nn 0000-0. (Council Member McDaniel was absent.) I I 1 I 349 The Mayor presented a ceremonial copy of the above referenced measure to Tamara C. Greene, daughter, and James E. Cox, III, son, and called for a moment of silence in memory of Ms. Fulford. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Dowe offered the following resolution congratulating the Roanoke Catholic High School Boys Basketball Team, winners of the Virginia Independent School Division II State Basketball Championship: (#37340-040306) A RESOLUTION paying tribute to the Roanoke Catholic Celtics Basketball Team for its victory in the Virginia Independent School Division" State Basketball Championship Tournament at Richard Bland College in Petersburg, Virginia, on March 4,2006. (For full text of resolution, see Resolution Book 70, Page 196.) Council Member Dowe moved the adoption of Resolution No. 37340- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wish neff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rr is - __n_ 00 __nn - - 00 --- - - - - - ---00- - - - - - -00--- - - - - noon - - 0000 . - - - _ _ - __ _n_ - - - - 00 - - - - 0000 - - - - 00_00 - - - 6. NAYS: None _n_nn___n_n_nnn_nm n_n___n_nn_nnnnnn__n__nnn___nnnnnnnnO. (Council Member McDaniel was absent.) The Mayor presented a ceremonial copy of the above referenced measure to Head Coach Joe Gaither. PROCLAMA TIONS-HOUSING/ AUTHORITY: proclamation to Nancy F. Canova, Chair, Fair month of April 2006 as Fair Housing Month. The Mayor presented a Housing Board, declaring the Ms. Canova advised that the proclamation helps to raise public awareness of Fair Housing law, and demonstrates the City's commitment to non- discrimination in housing, mortgage lending and insurance. 350 Angela Penn, Director, Housing and Community Development, Total I Action Against Poverty, advised that TAP was awarded funds from the U. S. Department of Housing and Urban Development to implement a Fair Housing Education and Outreach Program for the purpose of providing education and outreach at the grass roots level. She stated that TAP's new Fair Housing Specialist will meet with neighborhood organizations, civic groups, and other housing agencies to promote fair housing, a hot line will be available to provide more information about fair housing, a website www.tflpfairhousinq.orq will be available to assist individuals who need to file housing complaints; and TAP will continue to coordinate efforts with the City of Roanoke's Fair Housing Board. She introduced Tom Day, Sr., Region 3 Education and Outreach Specialist, Department of Housing and Urban Development. Mr. Day advised that the grant will be the first for HUD's Fair Housing Initiatives Program in southwest Virginia. He stated that fair housing is the law; the year 2006 will mark 38 years in the fight for fair housing, and as a result of the· Fair Housing Act, 9,187 complaints have been filed, complaints have generated $11 million in monetary awards for settlement, and a national, Fair· Housing Training Academy has been established which will be attended by representatives of TAP in the year 2006 and 2007. He advised that the goal of the President of the United States is to ensure equal opportunity and access to housing for all persons, to embrace high standards of ethics, management and . I accountability for housing,' and it is upon the President's goal that HUD commits itself to continue another 38 years in the fight for fair housing. PROCLAMATIONS-COMMUNICATIONS DEPARTMENT: The Mayor presented a proclamation to Roy Mentkow, Director, Department of Technology, and Mike Crockett, Communications Superintendent, E-911, declaring the week of April 9 - 15,2006, as National Public Safety Telecommunicator's Week. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in' the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. I I I' 1 ", ." :.. f. ~ ." 351 MINUTES: Minutes of the regular meeting of Council held on Tuesday, February 21, 2006, and recessed until Friday, March 3, 2006, were before the body. Council Member Cutler 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 Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea and Mayor H a r ri s _00__ -- _u_ - - - - 00 - - - - - -- _nn___ - - - - - - 00 00 _ _ _ __00 _ _ __00 _ _ _ _ _ _00__00 _ _ unn _ __ _ _ _000000_ __ - ___ u _ _ _00_ - - - 00 - 5 . NAYS: Non e 00 __0000 - - - - - - - - _00___ __ --00 - - _00_ - - - 00 ___u_ - - - - 0000 00 - - -_ -00--- - - - 00 Un - - noon - - 00 -000 . (Council Member McDaniel was absent.) (Council Member Wishneff was not in the Council Chamber when the vote was recorded.) TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Straight Street Roanoke Valley, Inc., a non-profit organization, for tax exempt status of property located at 333 Luck Avenue, S. W., was before the body. Council Member Cutler moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Dowe and adopted by the follOWing vote: AYES: Council Members, Cutler, Dowe, Fitzpatrick, Lea and Mayor H a rri s 00_ - - Un - - noon - - 00 _nO. __ - - _- -0000_00 - - - 0000 _ _ 0000 _ _ 00___00_ 00 u 00 00 - - - - - _000000_ __ __ ____ - - un 00 - - -00- - - 5 . NAYS: Non e__n__n___nn_n____un__n___n_nn_n_n_nn__nn________n_n____00000000__00___0. (Council Member McDaniel was absent.) (Council Member Wishneff was not in the Council Chamber when the vote was recorded.) TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Blue Ridge Gospel Outreach, Inc., located at 9 Salem Avenue, S. W., was before the body. 352 Council Member Cutler moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council· Members Cutler, Dowe, Fitzpatrick, Lea and Mayor H a r ri s - 00 n__00 - - - - - - - - 0000_ _0000_ - - - - 00____00 - - - - - 00 00__0000 _ _ _ _ _ _ ___0000_ - - 00 0000- __00 _ _ _ _ _ _ 00000000_00_ 00 00 00 00 5 . NAYS: N 0 ne_n_nnnn__h__nn_____hn_n_nn__u___nn_____nn_n_______________00_000000___0. (Council Member McDaniel was absent.) (Council Member Wishneff was not in the Council Chamber when the vote was recorded.) AIRPORT-PARKS AND RECREATION-COMMITTEES-HUMAN DEVELOPMENT COMMITTEE: A report of qualification of the following persons, was before Council: John E. Dooley as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2010; Carl H. Kopitzke and Mary F. Monk as members of the Parks and Recreation Advisory Board, for terms ending March 31, 2009; and Quentin J. White as a member of the Human Services AdVisory. Board, to fill the unexpired term of Corir¡ne B. Gott, deceased,. ending September 30, 2008. Council Member Cutler moved that the report of qualification be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea and Mayor H a r ri s - - - - - -- 00_00_00 - - - - _00 __00 - - - - - - _00__00_ 00 _ _ _ 00 nnnnnn __ _00_0000 00 00 00_ 00_00_ __ - - nnO__n_ 00 00 00 00 00 - - 5 . NAYS: Non en-- ___000000_____000000______00__0000___00____00000000______00__00___________00000000___0. (Council Member McDaniel was absent.) (Council Member Wishneff was not in the Council Chamber when the vote was recorded.) I I I 1 I 1 353 REGULAR AGENDA PUBLIC HEARINGS: EASEMENTS-ROANOKE GAS COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 3, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a request of Charles L. Lunsford Sons & Associates for permission to install a new gas meter on the side of their building located at 16 Church Avenue, S. E., to allow replacement of the existing heating system with a gas system, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, March 27, 2006. The City Manager submitted a communication advising that Charles Lunsford Sons & Associates, Inc., has requested permission to install a new gas meter on the side of their building located at 16 Church Avenue, S. E., to allow the replacement of the existing heating system with a gas system; as the bUilding wall is constructed on the property line, the meter would extend beyond the property line encroaching into Century Square Park; the proposed meter would extend approximately 12 inches into the Park, at a height of approximately eight inches, extending upward 22 inches, and will be 14 inches wide: and liability insurance and indemnification of the City by the applicant will be provided. The City Manager recommended that Council adopt an ordinance, to be executed by the applicant and kept on file in the City Clerk's Office, authorizing the City of Roanoke to grant a revocable license to the applicant for installation of a new gas meter at 16 Church Avenue, S. E., encroaching into Century Square Park. Council Member Dowe offered the following ordinance: (#37341-040306) AN ORDINANCE granting a revocable license to permit the encroachment of a gas meter at a height above the sidewalk of eight (8) inches, extending upward twenty-two (22) inches, and with a width of fourteen (14) inches into Century Square Park, from property bearing Official Tax No. 4011310, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 70, Page 198.) 354 Council Member Dowe moved the adoption of Ordinance No. 37341- I 040306. The motion was seconded by Vice-Mayor Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in i:onnection with the request for encroachment. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No.3 7341-040306 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s 0_0000 00 - - - - 00 0000__0000 - - - - 00 _00_ - - - 00 - - - - - - - - - - -- n____ 00 _ - - - 00 0000_0000 - - 00 00 - - 00 ___00_00 00 - - - - 6 . NAYS: No n e 0000_____00_000000___________0000___00________000000___000000____0000__00____0000000_00_0. (Council Member McDaniel was absent.) PETITIONS AND COMMUNICATIONS: TAXICABS AND FOR HIRE VEHICLES: A petition from Yellow Cab Services of Roanoke, Inc., for an adjustment in the rates (fuel surcharge) for taxicab· I service and for-hire automobiles in the City of Roanoke, was before Council. It was advised that since the last rate increase in 2004, gasoline pump charges have risen from an average of $1.10 per gallon to $2.39' per gallon; in addition, current indicators suggest gasoline prices will continue to dramatically increase; in an effort to maintain service and to retain taxi drivers, the petitioner is compelled to petition Council for the addition of a fuel surcharge; a proposed fuel surcharge of $1.00 per trip would be added to the current meter price charged for each trip; the fuel surcharge would be posted on rate stickers displayed in each taxi and is in line with what other taxi companies in Virginia charge, or are seeking to charge, and would assist drivers in partially offsetting escalating gasoline prices. It was further advised that Yellow Cab Services of Roanoke, Inc., agrees to drop the proposed fuel surcharge, if the average posted price of a gallon of gasoline drops below the price of $2.00 per gallon for a period of six months. I 1 1 1 355 Alan D. Carlisle, Manager, Yellow Cab Company, spoke in support of the request. Without objection by Council, the Mayor advised that the petition would be referred to the City Manager for report to Council. BUDGET-RIVER PARKWAY/EXPLORE PARI<: Debbie Pitts, Executive Director, Explore Park, expressed appreciation for past and current support of Virginia's Explore Park by the City of Roanoke, which has enabled Explore Park to provide quality education programs for Roanoke City school students and the Roanoke Valley region. She stated that over 30 school districts have been served from as far away as West Virginia and North Carolina; Explore Park continues to provide a first class living history museum and outdoor recreation area; and Explore Park provides services to tourists exiting the Blue Ridge Parkway into the Roanoke Valley. She explained that Explore Park is officially classified as a non-state agency in the State budget; however, the Park is actually a political subdivision of the State'; the Commonwealth of Virginia owns and manages Explore Park through the Virginia Recreational Facilities Authority (VRFA) which serves as the Board of Directors; and members of the Board of Directors are appointed by the Governor. She stated that the VRFA was established in 1986 with a mission to create a major tourist destination in southwest Virginia, to provide history and natural resource education for children and adults, to conserve scenic and open space land along the Roanoke River, and to provide outdoor recreation opportunities; since its inception, $46 million has been invested in the Explore Park through public/private partnerships, most of which has been invested in the purchase of 1,100 acres of land; however, the vision for Explore Park has not been achieved and a major infusion of capital funding is needed, as well as development of features that will generate revenue to support the Park in the future. Ms. Pitts advised that in March 2005, the VRFA entered into an option for a long-term lease of Explore Park to Virginia Living Histories; the goal of Virginia Living Histories is to develop a family-oriented vacation destination; the public/private partnership will provide the necessary capital to realize the original vision for Explore Park and to create a destination attraction that will generate tourism and tax revenues for the Roanoke Valley and the Commonwealth of Virginia; and the lease option requires that Virginia Living Histories spend a minimum of $20 million on capital development over the first three years of the project, although it is probable that the amount will be closer to $80 million during the first period. She explained that Virginia Living Histories is currently in the due diligence phase of the project, including development of market and feasibility studies; the lease option requires this process and any preconstruction planning to be completed in three years, or by June, 2008; however, it is anticipated that the lease may be activated in a 356 shorter period of time; all parties that are involved with Explore Park believe 1 that the project will be much more successful if the Park continues: (1) to operate during the planning period in order to protect and preserve $46 million in assets and to continue to provide SOL based education to over 12,000 students who visit the Park for school outings; (2) to serve 60,000 plus visitors to Explore Park each year, of which 17,500 are tourists visiting the Parkway Visitor Center for information about the region and the Commonwealth of Virginia; (3) to support the efforts of Virginia Living Histories in the due diligence and planning phases: and (4) to plan for the orderly transition of Explore Park to Virginia Living Histories if the option is activated. Ms. Pitts stated that representatives of Explore Park have approached each of the local governments in the region, as well as the Commonwealth of Virginia, to request an allocation of funds to continue operation of the Park, and, if possible, to increase funding that will allow Explore Park to continue current operations until the lease with Virginia Living Histories is activated; therefore, the City of Roanoke is requested to increase funding from $35,385.00 to $50,000.00. She stated that if the request is approved, the City of Roanoke will be investing in an economic development project just seven miles from downtown Roanoke, a project that will generate regional tourism and create jobs for the Roanoke Valley in the future. She explained that Explore Park applied for $50,000.00 in funding through the City of Roanoke Cultural I Services Committee and was awarded $36,400.00 for fiscal year 2006-2007; after going through the appeals process, the Cultural Services Committee explained that it has an established amount of funding with numerous demands for funds, therefore, the Cultural Services Committee could not increase the amount of the allocation to Explore Park. She stated that the Cultural Services Committee supports the request of Explore Park for a special Council appropriation of $13,600.00, which will bring the City's total appropriation to $50,000.00. Without objection by Council, the Mayor advised that the request would be referred to the City Manager for report to Council. AIRPORT-BUDGET: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Commission, presented a report of the Airport Commission advising that in accordance with requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission submits the Fiscal Year 2006-2007 Operating Budget for approval by Council. She stated that the budget was adopted by the Airport Commission at its meeting on March 15, 2006; and a separate list of capital expenditures which are expected to exceed $100,000.00 in cost and are intended to benefit five or more future accounting periods is provided. I 1 1 1 " ,-~ 357 She further advised that no deficit is anticipated in either the operating budget or for the listed capital expenditures; therefore, no additional appropriations are requested or anticipated from the City of Roanoke or the County of Roanoke; and formal approval of the operating budget and capital expenditure list, by resolution, by each participating political subdivision is requested. Council Member Cutler offered the following resolution: (#37342-040306) A RESOLUTION approving the Roanoke Regional Airport Commission's 2006-2007 proposed operating and capital budget, upon certain terms and conditions. (For full text of resolution, see Resolution Book 70, Page 200.) Council Member Cutler moved the adoption of Resolution No. 37342- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H arr i s 00 0000 00 _n_00 - - - - 0000 0000_ - - - - - 00 _ _ _ 0000 - - _00__00_ - - - - 00__ _ _ _ _ _ 0000_00_ - - ____ 00 - - 0000 00, _ 00 00 - - - - 6. NAYS:· Non e m__nnnnnnnn.·_n_n_n_nnnnn_nnnnnnnn_n_nnn_mnn_mn_nnO. (Council Member McDaniel was absent.) BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Steven R. Barger, Operations Manager, Roanoke Valley Resource Authority, advised that in accordance with the Member Use Agreement, the Roanoke Valley Resource Authority submits its 2006-2007 annual budget, in the total amount of $8,790,040.00, to Council for approval. Vice-Mayor Fitzpatrick offered the follOWing resolution: (#37343-040306) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2006-2007, upon certain terms and conditions. (For full text of resolution, see Resolution Book 70, Page 201.) 358 Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37343- 1 040306. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe,. Fitzpatrick, Lea and Mayo r H a rri s - n_n 00__ 00 00 __00 - - - - - - 00__00 -_ - - - - - - - _00_00_00_ - - - - -0000- - - - - - - - - on 00 _ _ __ 00__000000 00 _00000000_6 . NAYS: No n e u____uunnn_u__n_nn_nunn___nnnnu_U_nn_un__nnn__h_u_Un_n000. (Council Member McDaniel was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 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 I appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA· programs; the Western Virginia Workforce Development Board administers the Federally funded Workforce Investment Act (WIA) for Area 3, which includes the Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of Covington, Roanoke, and Salem. It was further advised that WIA funding is intended for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U. S. Department of Labor; · Youth who are economically disadvantaged, or have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. 1 I I I .!..:;.... 359 It was explained that the Western Virginia Workforce Development Board, by request, has received a Notice of Obligation (NOO) from the Virginia Employment Commission transferring $109,000.00 from Program Year 2004 WIA Dislocated Worker Program budget to Program Year 2004 Adult Program budget and transferring $ 50,000.00 from Program Year 2005 WIA Dislocated Worker Program budget to Program Year 2005 Adult Program budget. It was noted that existing activities will continue and planned programs will be implemented; and funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. The City Manager recommended that Council accept the Western Virginia Workforce Development Board Workforce Investment Act funding transfer; and adopt an ordinance transferring appropriations of $109,000.00 from Program Year 2004 from Dislocated Worker Contract Services, Account No. 035-633- 2312-8057, to Program Year 2004 Adult Program Contract Services, Account No. 035-633-2311-8057; and transferring appropriations of $50,000.00 from Program Year 2005 Dislocated Worker Contract Services, Account No. 035-633- 2322-8057, to Program Year 2005 Adult Program Contract Services, Account No. 035-633-2321-8057. Council Member Dowe offered the fOllowing budget ordinance: (#37344-040306) AN ORDINANCE to transfer funding between various programs of the 2004 and 2005 Workforce Investment Act 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. 70, Page 202.) Council Member Dowe moved the adoption of Ordinance No. 37344- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H ar r i s - --- 00 - - -- --- - - - - - un - - - - - - 00 00 - - - - - - - 00 00 - - - - _ _ 0000 00 _000000_ _ _ - _ _ _nn_ __ 00__00_ - - - noon - - - -006 . NAYS: Non e - on - - - - 00 00 - - - - __n____ - - -000000- - 00 __ noon - 00-0000 - _ _ _ ______ 00_ ____00 00 _ _ 00 0000 - - - _ -000. (Council Member McDaniel was absent.) 360 Vice-Mayor Fitzpatrick offered the following resolution: 1 (#37345-040306) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $159,000.00 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 70, Page 203.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37345- 040306. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H arri S____oonoo______oooo________oo_______m___________oooooo____n___00__00_________0000_00__0000__006. NAYS: No n e_oo_oo______noo_h_oooo___oo__ooh_oooo____________n"___.oonnnn__-0000-------------0. (Council Member McDaniel was absent.) BUDGET-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that the Virginia Economic Development I Partnership (VEDP) established Virginia's Opportunity Regions Marketing Grant to assist local governments in the State with marketing; and in December 2005, the Division of Economic Development applied for the grant to design and print marketing brochures for the City of Roanoke, Roanoke Centre for Industry and Technology (RClT), the Riverside Centre and Enterprise Zones One A and Two. It was further advised that in March 2006, for the second year in a row, the Virginia Economic Development Partnership awarded the City of Roanoke a grant for $10,000.00 which requires 50 per cent in matching funds; and an additional $5,000.00 in matching funds for the grant are available in the Economic Development budget, Account No. 001-310-8120-2015. . It was explained that action by Council is necessary in order for the City to formally accept and appropriate the funds and to authorize the Director of Finance to establish a revenue account to receive the funds; and authorization by Council for the City Manager to execute the grant contract is required. 1 1 I 1 '."'" ,'. . '.' ..... ,.'";-':; .~. 361 The City Manager recommended that she be authorized to execute a grant contract accepting Virginia's Opportunity Regions Marketing Grant, and to execute any other required grant documents, to be approved as to form by the City Attorney; that Council adopt an ordinance establishing revenue estimates totaling $15,000.00 in the Grant Fund, transferring $5,000.00 from the General Fund Economic Development account, and appropriating funds totaling $15,000.00 to an expenditure account to be established by the Director of Finance in the Grant Fund. Council Member Dowe offered the following budget ordinance: (#37346-040306) AN ORDINANCE to appropriate funding from the Commonwealth for the Virginia Opportunity Region Grant, amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 203.) Council Member Dowe moved the adoption of Ordinance No. 37346- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: . AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s ___00_ - - nn - - - - - - - - - - 000000 00 - - 0000- noon 00 00-00 - - - - - 0000 - - - - _ _ _ _00000 - 0 _00__00_ _.000000 - - - - -00 -6 . NAYS: Non e - 00_00 -. - - 00 0000000000 -0000 - un - - - - - 00 00 00 - - 000000 __ - - unn 00 -00-00_00 _ _ _ _ 0000 - - - - _00 - - O. (Council Member McDaniel was absent.) Vice-Mayor Fitzpatrick offered the following resolution:· (#37347-040306) A RESOLUTION authorizing the acceptance of a Virginia's Opportunity Regions, Marketing Grant from the Virginia Economic Development Partnership; and authorizing the City Manager to execute a grant contract to accept such funds and any other required grant documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 70, Page 204.) 362 Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37347- 040306. The motion was seconded by Council Member Dowe and adopted by the following vote: 1 AYES: Council Members Wish neff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a r ri s - - -- 00_n_n - - 00 00 00 - - - - 00 00 00____ 00 - - - - - 00 0000____ 00 - - - - 00 00 - - - - - 000000 - - - - - - __ 00 00 00 -- 0000 00 -- - - 6. NAYS: No n e--n 00____00_000000_00____00 0000__00_00__000000_____00__00___00_000000__0000____0000_____0. (Council Member McDaniel was absent.) POLICE DEPARTMENT-GRANTS: The City Manager submitted a communication advising that the Certified Crime Prevention Community Program publicly recognizes and certifies localities that have implemented a defined set of community safety strategies as part of a comprehensive community safety/crime prevention effort; the program encourages localities to develop and implement collaborative community safety plans within a flexible framework designed by the Virginia State Crime Commission; to either obtain certification or remain certified, a locality must meet.12 core community safety elements/strategies augmented by a minimum of seven approved optional elements; and the Department of Criminal Justice Services administers and monitors the program. I It was further advised that the City of Roanoke has maintained certification as a crime prevention community since 2001 : every three years the City must apply for re-certification; as a part of the re-application process, Council must adopt a resolution affirming the City's interest in maintaining the certified status, as well as authorizing a City official to provide the required documentation needed as a part of the application process. It was explained that maintaining certification is important because certified localities receive preference points during State grant application review, insurance policy holders living in the community may receive premium discounts and the certified designation can be used as a marketing tool to attract businesses and conference planners. The City Manager recommended that Council adopt a· resolution authorizing the City Manager, or her designee, to begin the application process for re-certification as a crime prevention community. 1 I 1 I '! . : ~';. .' , ~ '. . ,:,.' " 363 Council Member Dowe offered the following resolution: (#37348-040306) A RESOLUTION authorizing the City's continued participation in the Virginia Certified Crime Prevention Community Program. (For full text of resolution, see Resolution Book No. 70, Page 205.) Council Member Dowe moved the adoption of Resolution No. 37348- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a r ri s - 00 - 00 n__n - - -00- 00 - - - - - - 00 00 __ - - - - 0000- - - - - 0000 00 _ _ noon _ _ ___00 un - - 00 00 00 00 - - - - _00_0000 0000006 . NAYS: . No n e__u__nnn____n__nn__hnn______n_nnn______nd__u___nnn______00000000_____0. (Council Member McDaniel was absent.) BUDGET-GRANTS-YOUTH: The City Manager submitted a communication advising that the City of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VjCCCA) since its inception in 1996; each biennium, a local plan is developed to address th~ needs of juveniles who come before juvenile intake on complaints, or the court, on petitions alleging that the child is in need of service or supervision, or is delinquent; the intent of VjCCCA is to establish a community-based system of sanctions that are ordered by the Juvenile and Domestic Relations District Court, and services to address the needs of eligible population; and City of Roanoke programs that address such needs are: Youth Haven, Sanctuary-Crisis Intervention Center, Outreach Detention, Electronic Monitoring, Substance Abuse Counselor and Enhanced Community Service. It was further advised that a resolution from the governing body of each participating locality endorsing participation in VjCCCA is required by the Commonwealth of Virginia each biennium; VjCCCA guidelines provide that the locality may word the resolution such that the locality intends to participate in VjCCCA until the locality notifies the Virginia Department of Juvenile Justice, in writing, that it no longer wishes to participate, without the need for a new resolution to be adopted each biennium; and no further action by the Council will be required to continue participation or to make revisions to future VjCCCA plans. 364 It was explained that two staff members in VJCCCA programs currently I operate under a cooperative supervision agreement between the City of Roanoke and the Virginia Department of Juvenile Justice; staff members are City employees who are provided with supervision from the Virginia Department of Juvenile Justice and are assigned to assist in the delivery of services to juveniles under the VJCCCA; an updated Memorandum of Agreement is necessary to provide terms under which City employees will carry out their duties under the supervision of the Department of Juvenile Justice for the coming biennium and subsequent VJCCCA plans each biennium, or revised plans within the biennium, will require a revised Memorandum of Agreement. The City Manager recommended that Council adopt a resolution endorsing the City· of Roanoke's participation in the Virginia Juvenile Community Crime Control Act; and that the City Manager be authorized to execute the required Memorandum of Agreement to be used as guidance for providing direction and support to City of Roanoke employees assigned to the Department of Juvenile Justice, in connection with the Virginia Juvenile Community Crime Control Act, with the agreement to be updated by the City Manager with regard to renewal and/or revision of future VJCCCA plans. Council Member Dowe offered the following resolution: I (#37349-040306) A RESOLUTION endorsing participation by the City in the Virginia Juvenile Community Crime Control Act; authorizing the City Manager to execute a Memorandum of Agreement between the City of Roanoke and the Virginia Department of Juvenile Justice to be used as guidance for providing direction and support to City employees assigned to the Virginia Department of .Juvenile Justice in connection with the Virginia Juvenile Community Crime Control Act. (For full text of resolution, see Resolution Book No. 70, Page 206.) Council Member Dowe moved the adoption of Resolution No. 37349- 040306. The motion was seconded by Vice-Mayor Fitzpatrick. Council Member Dowe advised that he serves in an unpaid capacity on the Board of Directors, Virginia Criminal Justice Services, and inquired if he should abstain from voting on the abovereferenced resolution; whereupon, the City Attorney advised that there would be no conflict of interest inasmuch as Mr. Dowe receives no remuneration for his services. I 1 1 1 . ,..., . .. . ......,,'....:: :¡(.;.). 365 Resolution No.3 7349-040306 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H ar r i s - __n_n - - 00 00 00 - - - - 00 --0000 -- - - 00 - 0000 - _ _ - _00_00 - - 0000 - - _ _ _0000__00 - - nOOn - - 00 0000 00 - - 00-00: - - - - 6. NAYS: No nenn__nn____nnn_______n_ ______0000.___0000___00000000___00__0000000000____00__00___0. (Council Member McDaniel was absent.) CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: The City Manager submitted a communication advising that with adoption of new zoning regulations on December 5, 2005 (Chapter 36.2 of the City Code), and the corresponding repeal of previous zoning regulations (Chapter 36.1 of the City Code), other sections of the City Code must be amended to make reference to zoning regulations and zoning districts in those sections consistent with terminology and section numbers used in Chapter 36.2. It was further advised that with the regulation of temporary signs now included in Division 6, Signs (Sections 36.2-660 through 36.2-675) of Chapter 36.2, Zoning of the City Code, Article II (Sections 27.1-31 through 27.1-35) of the City Code should be repealed. The City Manager recommended that Council· adopt an ordinance amending sections of the City Code that reference zoning regulations and zoning districts, consistent with terminology and section numbers used in Chapter 36.2; and repealing Article II (Sections 27.1-31 through 27.1-35) of the Code of the City of Roanoke, 1979, as amended. Council Member Dowe offered the following ordinance: (#37350-040306) AN ORDINANCE amending and reordaining subsections (a), (b)(2) and (b)(4) of §6-27, Limitation~ on keepinq, subsection (b) of §6-112, Densitv requirements, and subsections (a), (b)(2) and (b)(4) of §6- 116, Limitations on keepinq of Chapter 6, Animals and Fowl; § 11.1-2, Definitions, and subsection (d) of § 11.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control; §21-43~ 1, Prohibition aqainst operation of certain liqhted athletic facilities after 10:00 p.m., and §21-205, Definitions, of Chapter 21, Offenses - Miscellaneous; subsections (1 )(b), (1 )(c), (3)(a) and (7) of §27 .1-2, Proiections over sidewalks. streets. allevs or other public propertv, of Chapter 27.1, Siqns and similar proiections over citv riqhts-of-wav or propertv; §30-14, Procedure for alterinq or vacatinq citv streets or allevs: fees therefor, and subsection (a) of §30-86, Construction in C-3 zoninq district, of Chapter 30, Streets and Sidewalks; §32-7, Delinquent real estate t(l,xes, of Chapter 32, Taxation; and subsection (e) of §33-17, Definitions, of Chapter 33, Veqetation 366 and Trash, and deleting Article 11, Temporarv Siqns, of Chapter 27.1, Siqns and Similar PrQjections over City Riqht-of-wav or Propertv, of the Code of the City of Roanoke (1979), as amended, to make changes in the City Code necessitated by the adoption of Chapter 36.2, Zoninq; and dispensing with the second reading by title of this ordinance. 1 (For full text of ordinance, see Ordinance Book No. 70, Page 222.) Council Member Dowe moved the adoption of Ordinance No. 37350- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s 00 _00___ - - - - - c_ 00__n___00 00 - - 00 00 00- _00_00 - - - - - - - - - - _00__00_ - - 00 - noon 00 __ - - -_ 00 - - 00 _.- 00 0000----6. NAYS: No n e_n_nn________n_h______n____n_____nnn_____nnhnnn_nnnnn00-00-_________0. (Council Member McDaniel was absent.) BUDGET-CELEBRATiONS-CITY EMPLOYEES: The City Manager submitted a communication advising that in 2007, the City of Roanoke will celebrate its 125'" Anniversary with local events and activities that will occur throughout the year; as a major event of the celebration, the City will host a performing arts 1 festival which will incorporate all components of the performing arts, including symphony, theatre, ballet,· and opera; the Roanoke Arts Festival will serve to commemorate the founding of Roanoke· and to unite its citizens by. way of music, dance, theatre, and art; the festival will also serve to expose a diverse group of citizens to artistic excellence and to assist in the City's high priority efforts in developing regional tourism; and numerous celebratory events will also be held throughout the year to highlight important historical, cultural, and educational aspects of the City. It was further advised that to orchestrate the festival, the City of Roanoke needs to establish a full time position that will be responsible for logistical and artistic programming and marketing efforts for the festival; and the position will also be responsible for planning, coordinating, and managing all celebratory activities for the 12 5th Anniversary Ceiebration. It was explained that the Arts Festival Manager position will be classified as a Pay Grade 15, with a salary range from $47,067.00 to $72,954.00; projected cost for the remainder of fiscal year 2005-2006 is $10,849.00; and funding is available in the City Manager's Contingency, Account No. 001-300- 9410-2199. 1 1 I 1 ..... ·'>'·:'.~h· 367 The City Manager recommended that Council concur in the establishment of an Arts Festival Manager position for the City of Roanoke, effective May 1, 2006; adopt an ordinance transferring funds in the amount of $10,849.00 from the City Manager's Contingency, Account No. 001-300-9410-2199, to the· following accounts: Obiect Amount Ac;count Number Regular Employee Salaries City Retirement FICA $9,021.00 $1,138.00 $ 690.00 001-300-1211-1002 001-300-1211-1105 001-300-1211-1120 Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37351-040306) AN ORDINANCE to transfer funding from the City Manager's Contingency for a new Arts Festival Manager position, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 222.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37351- 040306. The motion was seconded by Council Member Dowe. Council Member Cutler spoke in support of establishing the position of Arts Festival Manager, and asked for a clarification by the City Manager if an additional position to be classified as Public Art Coordinator will be established to maintain City-owned art and to administer the Per Cent for Art Program. The City Manager responded that funds for the Public Arts Coordinator pOSition is included in the City's 2006-2007 proposed budget. There being no further discussion, Ordinance No. 37351-040306 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r Harri s ______0000____00n______00______________0000_nn______00_______00________000000__00___________00_6. NAYS: No n e _____00_______00__00________00___________________00____0000____00_00__00___--------------0. (Council Member McDaniel was absent.) 368 BLUE RIDGE BEHAVIORAL HEALTHCARE: The City Manager submitted a communication advising that Blue Ridge Behavioral Healthcare is a community service board established by the political jurisdictions of the Counties of Botetourt, Craig and Roanoke, and the Cities of Roanoke and Salem; for a number of years, the City of Salem has served as fiscal agent for Blue Ridge Behavioral Healthcare due to restrictions included in old state law which required that a governing body of a city or county that initially established the board must serve as fiscal agent; however, effective October 1, 2005, state law was amended to allow community service operating boards, such as Blue Ridge Behavioral Healthcare, to act as its own fiscal agent when authorized to do so by the governing body of each establishing city or county, which provision is included in Section 37 .2-504A.18, Code of Virginia (1950), as amended. It was further advised that Blue Ridge Behavioral Healthcare has requested that the City of Roanoke adopt a resolution authorizing the organization to serve as its own fiscal agent; the request has been reviewed and there are no objections to Council adopting a resolution authorizing the organization to act as its own fiscal agent; the City of Salem, the current fiscal agent and the entity most affected by the change, has raised no objection to the request, and all other jurisdictions have agreed to propose a resolution for adoption by their governing bodies. The City Manager recommended that Council adopt a· resolution authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent. Vice-Mayor Fitzpatrick offered the following resolution: (#37352-040306) A RESOLUTION authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. (For full text of resolution, see Resolution Book No. 70, Page 223.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37352- 040306. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wish neff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rr i s _n_ - - noon 00 - - - - - - 00 - - 00 - - - - - - - _00_ - - _0000_ 00 00 - - - - - - noon: - - - - - - - - - - 0000 - - - - - - - - -00--0000---006 . NAYS: Non e 00 - - - - - - 00 00->00 00 - - - - -00-_ _ 0000 00 - - - - - - - - - _00>0000 - - - - Unhh_n -- - - -_ 00 _0000_ 00 00 00 - - - O. (Council Member McDaniel was absent.) 1 1 1 I I I :;Õ'.:: 369 PARKING FACILITIES: The City Manager' submitted a communication advising that the City currently owns and/or controls 11 parking facilities in downtown Roanoke; the City has adopted several strategies to help Roanoke area residents and visitors become more aware of the abundant parking options that are provided in the downtown area; a new "Park Roanoke" logo was designed and approved for use in development of new exterior signage for all of the City's current and future parking facilities; the naming of parking facilities is an equally important aid to help drivers identify and locate parking close to their destination; and short, concise, and recognizable names with this type of destination association are a proven combination to connect drivers to the most convenient parking for their destination. It was further advised that in order to act in concert with new signage initiatives, renaming of parking facilities should be approved at the same time as improvements are made to exterior signage for each parking facility, to be effective June 1, 2006. The City Manager recommended that Council approve name changes for City parking facilities; and that Council further authorize the City Manager to take any appropriate action and to execute any documents that may be necessary to effect the renaming of City parking facilities. Council Member Cutler offered the following resolution: (#37353-040306) A RESOLUTION renaming certain City owned and/or controlled parking facilities; authorizing the City Manager to take any appropriate action and execute any documents necessary to effect the renaming of these parking facilities; and establishing an effective date. (For full text of resolution, see Resolution Book No. 70, Page 224.)· Council Member Cutler moved the adoption of Resolution No. 37353- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by· the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s 00- - 00 - - - - - - -- noon 00 - - 00 nnn - - - -00- - - noon - - ----00 - - _00_00_ _ _ _ _ _ _ 00 _00_ 00 _ _ 0000 00 - - -0000- 00--6. NAYS: Non e 00 - - _00_ - - - - - - - - 00- 0000 - noon _00_00_ - - -0000- - - 00 -00_00 - - - - 00 00_0000 _ _ _ _ 00 - - - - _ _ 0000 - - 00 -0 . (Council Member McDaniel was absent.) 370 Council Member Wishneff requested that the naming of a City facility in 1 memory of the late restaurateur, AI Pollard, be referred to the City Manager and to the City Planning Commission for study, report and recommendation to Council. Without objection by Council, the Mayor advised that the request would be referred to the City Manager and to the City Planning Commission for study, report and recommendation to Council. ZONING-CITY PROPERTY: The City Manager submitted a communication advising that on August 16, 2004, Council rezoned Official Tax No. 7160113, located at the entrance to the Roanoke Centre for Industry and Technology from LM, Light Industrial, to C-2, General Commercial, with conditions, pursuant to Ordinance No. 36821-081604; the rezoning provided for a range of commercial uses that would take advantage of the visibility and access provided by. Orange Avenue, and complement and support· existing light industrial development in the (entre; with adoption of the current zoning map on December 5, 2005, the property became CG, Commercial-General District, subject to previously approved proffered conditions; and the existing proffers limit the range of permitted commercial uses, prohibit access to the site directly from Orange Avenue, and limit the number of freestanding signs. It was further advised that since the property was rezoned in 2004, it has been determined that the range of permitted commercial uses should be expanded to enhance the marketability of the property; and the list of uses should now conform to those specified in the Use Matrix of the current Zoning Ordinance which was adopted in December 2005. 1 The City Manager recommended that she be authorized to file. a petition to amend proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001-2020, the City's Comprehensive Plan, on property located at the northeast corner of Blue Hills Drive and Orange Avenue, N. E., identified as Official Tax No. 7160113. Vice-Mayor Fitzpatrick offered the following resolution: (#37354-040306) A RESOLUTION authorizing the filing of a petition to amend the proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, presently binding on property which is owned by the City of Roanoke and which is designated as Official Tax No. 7160113. (For full text of resolution, see Resolution Book No. 70, Page 225.) 1 1 1 I .:'..;'..... 371 Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37354- 040306. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a rri s ______n__ - - - - - - _00__00_ - - - - - - 00 - - - - - ---- - -0000 00 - - - - 00 00 00 - - n.nnU - - - - 00 0000 - - --00-- - - 0000 - - - - 6. NAYS: No n enn__nnnnnn__unn__n_________oo__n_nn_____nnn_____nnn____0000______00_0. (Council Member McDaniel was absent.) CITY ATTORNEY: STREETS AND ALLEYS: The City Attorney submitted a written report advising that on January 18, 2005, Ordinance No. 36945-011805 was adopted by Council permanently vacating a 15' alley running between Whitmore Avenue and Reserve Avenue, S. W., and parallel to Jefferson Street, S. W., upon certain conditions; a condition of the ordinance was that the petitioners, Carilion Medical Center and CHS, Inc., would prepare and record a plat, showing the disposition of the land within the subject right-of-way, in the Clerk's Office of the Circuit Court for the City of Roanoke within a period of 12 months from the effective date of the ordinance; and if all of the conditions were not met within the 12 month time frame, the ordinance provided that it would become null and void without further action by the Council. It was further advised that the petitioners, by their attorney, Daniel F. Layman, Jr., have advised that conditions of the ordinance were not completed due to a misunderstanding between the Housing Authority and the petitioners as to the responsibility for meeting the conditions; the attorney has requested that Ordinance No. 36945-011805 be amended and reordained to allow 24 months for meeting conditions; the Engineering Department and the Department of Planning Building and Economic Development have reviewed the request and have raised no objection. The City Attorney recommended that Council amend and reordain Ordinance No. 36945-011805, with the condition that the period of time required for satisfaction of the conditions be changed from 12 months to 24 months. 372 Vice-Mayor Fitzpatrick offered the following ordinance: I (#37355-040306) AN ORDINANCE amending and reordaining Ordinance No. 36945-011805; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book 70, Page 227.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37355- 040306. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H arri s _n_ - - - - --.- - - - - - - 00 ---- 00 - - - - - - 00 0000- - - -- 00 00 - - - - 00 0000 - - 00 00_____00 - - 00 nun 00__ -- 00 - - - - - - - - - - 6 . NAYS: Non e____nuunu____uuu____u____uuuu_un__u________un_____n__-__________0000000. (Council Member McDaniel was absent.) DIRECTOR OF FINANCE: BONDS/BOND ISSUES: The Director of Finance submitted a written report 1 advising that the City issued $4S.675 million of Series 1997B bonds dated January 15, 1997, to refund a portion of the City's series 1988, 1992A and 1992B public improvement bonds; maturities of the 1997B bonds, due on and after August 1, 2007, totaling $17.88 million are callable on August 1, 2006; and the interest rate on the callable maturities is 5.0 per cent. It was further advised that the City issued $44.245 million· of Series 2002A bonds dated February 1, 2002, to fund various projects, maturities of the Series 2002A bonds due on and after October 1, 2013, totaling $21.81 million, are callable on or after October 1, 2012; and the interest rates on each of the callable bonds range from 4.25%to 5.25%. It was explained that based on recent interest rate movements, the City could potentially realize annual savings by refunding a portion of the callable Series 1997B and/or Series 2002A bonds; savings would be contingent upon interest rates received on the refunding bonds, the interest rate(s) obtained on the Treasury certificates to fund an escrow, and the final redemption price of the transaction(s); and based upon discussions with the City's financial advisor, BB& T Capital Markets, it is believed that an appropriate level of savings to justify refunding may be achieved depending on market conditions on the date I of pricing. . 1 1 I ..;." 373 ... The Director of Finance advised that since interest rates fluctuate daily, it is imperative to the success of a refunding that the City act quickly once interest rates enable the achievement of an acceptable level of savings on one or both series of bonds; and a negotiated sale, versus a competitive sale, can be accomplished in a much shorter timeframe, with lower upfront costs and with greater flexibility, and is deemed more practical in this situation. It was further adVised that the City invited two bond underwriting firms, both of which provided the City with refunding scenarios, to further analyze refunding opportunities; one firm, Morgan Keegan, managed the City's 2004 refunding transactions; the other firm, Wachovia Securities, purchased three of the City's last five competitive issues; and the Department of Finance, based on recommendations from BB& T Capital Markets, selected these two firms to comprise the underwriting syndicate. It was noted that refunding bonds will be considered additional debt in the context of the City's debt policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded; additionally, to the extent that some of the debt service on the current general obligation bonds is being provided by the Western Virginia Water Authority (WVWA), funding for the new bonds would also come from the Water Authority, resulting in debt service savings for that entity, as well as for the City. The Director of Finance recommended that Council adopt a resolution authorizing the City Manager and the Director of Finance to issue up to $42.5 million in refunding bonds to be sold by an underwriting syndicate comprised of Morgan Keegan and Wachovia Securities; refunding bonds shall be issued to refund the 19978 bonds if net present value savings of $300,000.00 and a minimum of 2.5 per cent of net present value of the refunded bonds can be achieved; and refunding bonds shall be issued to refund the 2002A bonds if net present value savings of $250,000.00 and a minimum of five per cent of net present value of the 2002A refunded bonds can be achieved. Council Member Dowe offered the following resolution: (#37356-040306) A RESOLUTION authorizing the issuance and sale at negotiated dollars ($42,500,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds; fixing the form, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance authority, among other things, to select an underwriter for such bonds, to execute and deliver to such underwriter a bond purchase contract by and between the City and such underwriter, to determine the aggregate principal amount of such bonds, the maturity dates of such 374 bonds and the principal amounts of such bonds maturing in each year, the interest payment dates for such bonds and the rates of interest to be borne by 1 such bonds, the redemption provisions and redemption premiums, if any, applicable to such bonds and to appoint an escrow agent for the bonds to be refunded from the proceeds of such bonds; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to such underwriter; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds, authorizing the execution and delivery of an escrow depOSit agreement relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. (For full text of resolution, see Resolution Book 70, Page 229.) Council Member Dowe moved the adoption of Resolution No. 37356- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor H arris_____________hn__noo___n____n_____uhnn__ -_________________00_______________________00__,_6. I NAYS: Non e - - 0000 -- -- - - - - - - - - 00 0000 - - - - __ - - - - - - - 00 _____00___ - - 00 ____ -- - - - - 00 - -- 00__________ -- 00 00 -- - 0 . (Council Member McDaniel was absent.) TAXES: The Director of Finance submitted a written report advising that the Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a state-wide program to provide relief to owners of personal use motor.vehicles; the 1998 Act envisioned a five year phase-in of relief expressed as a percentage of the bill related to the first $20,000.00 of personal use vehicle value; costs soared, and the percentage has been frozen at 70 per cent since 2001. It was further advised that in 2004 and 2005, additional legislation was passed to amend the original Act; the legislation capped PPTRA at $950 million for all Virginia localities for tax years 2006 and beyond; PPTRA funds are allocated to individual localities based on each government's pro rata share of tax year 2004 payments from the Commonwealth of Virginia and the City's share of the $950 million is $8,075,992.00. I 1 I I ., 375 It was explained that at the October 17, 2006, City Council meeting, Ordinance No. 37221-101705 amended the City Code to provide for implementation of 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998, which included the following: 1. The City chose the "Specific Relief' method (percentage reduction) of computing tax relief. 2. The City will allocate the relief at a single percentage across the board to the first $20,000.00 of personal vehicle value. 3. The City will continue to fully exempt vehicles valued at $1,000.00 and below from taxation. 4. The Treasurer is authorized to "balance bill" any taxes from 2005 and prior that are still delinquent at September 1, 2006, or when State funding for tax relief is depleted. It was explained that City staff computed the effective reimbursement rate based upon both historical trends and the current tax assessment book; the PPTRA Allocation Model, developed by the Commonwealth of Virginia, was used to assist with the analysis in determining the rate for the City which is 66.19%; this percentage is similar to neighboring localities that are ready to adopt, or have already adopted, their relief percentages; Roanoke County adopted 65.13%, and the Town of Vinton relief rate will be 65.98%; Franklin County is estimating 64.21 %; Northern Virginia localities are reporting lower percentages of relief· because they have a greater growth in the number of vehicles that have been reported; and City Council is required by the Commonwealth of Virginia to annually adopt a resolution setting the percentage relief for personal property tax for that year. The Director of Finance advised that the percentage relief is calculated to distribute the $8,075,992.00 block grant allocation from the Commonwealth of Virginia in the manner abovedescribed; acknowledging that the calculated percentage relief is an estimate, total personal property tax collected should be approximately the same as if the previous assessment method of personal property tax were in place; and although the majority of funds from· the Commonwealth will be received in July 2006, (fiscal year 2006-2007), the City will accrue funds in the 2005-2006 fiscal year for accounting purposes so that the City's budget will be balanced. 376 The Director of Finance recommended that Council adopt a resolution I establishing the percentage for personal property tax relief at 66.19% for the City of Roanoke for the 2006 tax year. Council Member Cutler offered the follOWing resolution: (#37357-040306) A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2006 tax year. (For full text of resolution, see Resolution Book 70, Page 245.) Council Member Cutler moved the adoption of Resolution No. 37357- 040306. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayo r H a r ri s - _n__ - - 00 00 00 00 - - - - 00 -----00- - - - - - - - __ 0000--0000 00 - - - - - 0000- 00 - - - -0000- - - - - 000000____00 00 00 00 00006. NAYS: No ne 0000______00__00______000000___.______00__0000______00__00______0000____0000-00___________0. (Council Member McDaniel was absent.) AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of February 2006. 1 (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance advised that the City's adopted 2006 fiscal year budget anticipated 5.7 per cent revenue, compared to the 2005 fiscal year adopted budget; revenues increased by approximately 5.6 per cent through February, 2006; sales tax is up about 5.4 per cent, meals tax is up about 5.8 per cent, business license tax is up about 2 per cent, and for the first time, the transcient room tax is up almost 12 per cent, which is an indicator of the number of people who are visiting the City of Roanoke either on business or for pleasure. He stated that the expenditure side of the budget has grown about 5.4 per cent. There being no further discussion and without objection by Council, the Mayor advised that the Financial Report for the month of February 2006 would be received and filed. I 1 1 1 377 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. POLICE DEPARTMENT-FIRE DEPARTMENT-NEWSPAPERS: Ms. Zoe Stennett, 2531 Peters Creek Road, N. W., expressed concern with regard to a recent newspaper article containing information about an e-mail from a reporter at The Roanoke Times to. the Mayor. She also expressed concern with reference to alleged bias in reporting by The Roanoke Times which has reached the point of misinforming readers. She spoke in support of higher wages for the City's public safety employees and a School Board that is elected by the citizens of Roanoke. YOUTH-SPORTS ACTIVITIES: Mr. James Polk, 1610 Rugby Boulevard, N. W., requested funding assistance from the City to secure a building for a year round youth sports center program. The Mayor advised that Mr. Polk's request would be referred to the City Manager for response. COMPLAINTS-HOUSING/NEIGHBORHOOD CODE ENFORCEMENT: Mr. Robert N. Richert, 415 Allison Avenue, S. W., spoke with regard to the 9:00 a.m. . Council briefing on the City's Cooperative Code Enforcement Initiative. He stressed the importance of educating citizens on an appropriate system for tracking complaints. As history, he advised that two years ago, the tracking system consisted of telephone calls and written lists, etc., which were ineffective, and website citizen input was initiated which offered the advantage of a tracking number that could be referenced, as well as an e-mail exchange as the complaint moved through the process. He stated that any new verification· system initiated by the City must address a specific problem; i.e.: as long as City staff has the option/authority to close specific issues without resolution, 378 the system will lose its effectiveness and lead to frustration by citizens. He added that on a number of occasions, citizens were advised by City staff that a 1 complaint would be included on the Permits Plus System, which is the City's system that tracks actual legal action of formal letters, however, more than 50 per cent of the time, the complaint/issue was not listed on the Permits Plus System; therefore, the level of frustration by neighborhood representatives was high. He stressed the importance that any new system initiated by the City will have the capability to track unresolved issues. Mr. Richert called attention to Miller's Hill, which is a significant City and neighborhood investment on Day Avenue, S. W., and advised that if the problem of prostitution, drug distribution, and Code enforcement issues in the Mountain, Elm, Day and Marshall Avenue corridor is not adequately addressed, the Miller's Hill project could fail. CITY MANAGER COMMENTS: REFUSE COLLECTION-CLEAN VALLEY COUNCIL: The City Manager advised that on April 1, 2006, traditional clean up activities commenced in the City of Roanoke, and she encouraged citizens to use the services of the City's Solid Waste Management Department to make the community as clean as possible. SISTER CITIES: The City Manager advised that the 42nd Anniversary of 1 Roanoke Valley Sister Cities was celebrated on Saturday, April 1, 2006, at Roanoke College. She further advised that the Executive Director of Sister Cities International served as guest speaker for the event and was most complimentary of the Roanoke Valley Sister City relationship, the exchange programs with the various Sister Cities and the medical, social and educational programs that Roanoke enjoys with its seven Sister Cities. ROANOKE CIVIC CENTER-SPORTS ACTIVITIES: The City Manager called attention to correspondence and newspaper articles indicating that the National Basketball Association is uncertain as to plans regardin9 the future of the Roanoke Dazzle in the Roanoke community. She stated that the City of Roanoke worked very hard as a community to bring semi.-professional sports to the Roanoke Valley, and Roanoke has done much to entice and to keep sports teams through improvements to the Roanoke Civic Center and minimal operating charges. She encouraged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball team and the Roanoke Valley Vipers hockey team through the purchase of season tickets. 1 1 I I 379 Council Member Lea· inquired if ticket prices for Roanoke Dazzle basketball games have been reviewed; whereupon, the City Manager advised that multiple pricing schemes have been enacted to attract the average person, and unused season tickets can be applied to another game. She stated that both teams have become more sensitive to ticket prices, and have a keen interest in filling seats as an indication of ongoing support for the teams. There being no further business, the Mayor declared the Council meeting adjourned at 4:05 p.m. APPROVED ~T~ J~ ~~ Mary F. Parker. City Clerk C. Nelson Harris Mayor 380 SPECIAL SESSIONmROANOKE CITY COUNCIL 1 April 17, 2006 11 :45 a.m. The Council of the City of Roanoke met in special session on Monday, April 17, 2006, at 11 :45 a.m., in the Roanoke City Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to the following communication from the Mayor under date of April 12, 2006: "The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Fitzpatrick and Members of Council: Pursuant to Section 10, Meetinqs of council qenerallv, of the Charter of the City of Roanoke, I am calling a Special Meeting of Council on Monday, April 17, 2006, at 11 :45 a.m., in the City Council's Conference Room, 1 Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for the purpose of interviewing applicants for three vacancies on the Roanoke City School Board. The following interviews have been scheduled: James P. Beatty - 11 :45 a.m. Jason E. Bingham - 12:10 p.m. Caren D. Boisseau - 12:35 p.m. Jay Foster 1 :00 p.m. Alice P. Hincker - 1 :25 p.m. The remaining interviews will be held on Monday, May 1, 2006. With kindest regards, I am, Sincerely, s/ c. Nelson Harris C. Nelson Harris Mayor" 1 381 I PRESENT: Council Members M. Rupert Cutler, Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris mmn_mmnnn5. ABSENT: Council Members Brian J. Wishneff and Alfred T. Dowe, Jr. (arrived during closed session) _____n_mmnm_mn__monnno_m_mmno_nmmm_nn_2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-SCHOOLS: Council Member Cutler moved that Council convene in Closed Session to interview applicants for three vacancies on the Roanoke City School Board for terms commencing July 1, 2006 and ending June 30, 2009. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel and Mayor H a rr i s -00 - --00 - - 00 - - - - _0000__ - - 0000 - - - - - _00__ - - - un - - - - - - 0000 __ _ 00___ - - 00 on - - - _. - _C --00 - - - - 00 - - 00 - no __ noon - - 5 . NAYS: No ne-nn----- 0000__________0000_______00_._____00_____000000 ___nn_____m_____n_____nn_O. I (Council Members Dowe and Wishneff were absent.) At 11:47 a.m., the Mayor declared the Council meeting in recess for one Closed Session. Council Member Dowe entered the meeting during the Closed Session. At 1 :47 p.m., the Council meeting reconvened in the Council's Conference Room, Room 451, with Mayor Harris presiding and all Members of the Council in attendance, except Council Member Wishneff. COUNCIL: With respect to the Closed Session 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 by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: 1 382 Mayo r AHYaEr~~ s _~~_~_~_~~~__~_~~~~_~~___~_~_~I_~~-,___~~~~~__~_i~~~~~~~~~-'_u~~~~__~_~~~~~~!___~~:. I NAYS: No n e _______un_nn______00_________________nnn______00___________00_____0000_____00_____0. (Council Member Wishneff was absent.) There being no further business, at 1 :50 p.m., the Mayor declared the special meeting of Council adjourned. ~EST: 1 íJ 7ï rOv t..~ Ma y'tPtrker City Clerk APPROVED C. Nelson Harris Mayor I 1 1 1 I 383 REGULAR WEEKLY SESSIONmROANOKE CITY COUNCIL April 17, 2006 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, April 17, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, 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, Rul~s of ProcedlJr~, Rule 1, B.~.9ular MeetinID" 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 M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff (arrived late) and Mayor C. Nelson Harrismnm-mmn____mmn_mmmnm__u_m_m7. A BS E NT: Non e - -- - - - - - - - - - - - - - - --00 - - - - - - - - - - - - - - - -- -- - - 00-- - - - - n - - - - - - 00 - - - - - - - -00- - - - - n - - - - - - -- 0 . The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Vice-Mayor Fitzpatrick. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS-HUMAN DEVELOPMENT-YOUTH: The Mayor presented a proclamation to Katye Hale, Child Protective Services Social Worker, declaring the month of April 2006 as Child Abuse Prevention Month. 384 PROCLAMATIONS-FIRE DEPARTMENT: The Mayor advised that Fireman's 1 Fund Insurance Company helps to support fire departments across the country and, to this end, created the Fireman's Fund Heritage Program, which has provided assistance to local and national communities for more than 140 years. He stated that Fireman's Fund Insurance Company has awarded the City of Roanoke Fire-EMS Department with a $50,000.00 grant to provide funds for new physical training equipment in recognition of the importance of firefighter physical fitness and to ensure the optimal physical condition for firefighters to better serve and protect the citizens of Roanoke. The Mayor presented a proclamation declaring April 17, 2006, as Fireman's Fund Insurance Company Day to Scott Smith, Community Relations Manager, and Chris Anderson, representing Fireman's Fund Insurance Company. He also presented Certificates of Appreciation to Mark Ruggles and Nick Deson, representing CalSurance: and to Robert W. Clark, President and Chief Executive Officer, Shenandoah Life Insurance Company, local underwriters. CONSENT AGEND_ð 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 1 one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called specific attention to four requests for Closed Session. MINUTES: Minutes of the regular meetings of Council held on Monday, March 6, 2006, and Monday, March 20, 2006, 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 Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H a r r i s 00- - - - 00 -- - - - - - - - - _n_ -00- 00 00 - - --00- - - --00 - - - - - - - - - - 00 00 - - - - - - - - - - - 00 00'_ - - - - - - 00 00 00 - - - - - - - - - - - - 6. NAYS: No n e _00_________000000____00____00_______________0000______000000_________0000____________00_0. (Council Member Wishneff was not present when the vote was recorded.) I 1 1 I I."'." . .' "). ':( ., 385 COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H a rri S--n------ __________0000______00___________ - ---------00------ 00.______0000______ ------------00----6. NAYS: No ne----unuu_______m - _uoo___nn__Un_m moonn_hU_m m_OO__n__m mum_nO. (Council Member Wishneff was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting thai Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3). Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H arri S-n---n---------- -------- 00 ________00___00____._0000__00_00________00 ------00.___00________00____6. NAYS: Non e ------ - - - - mnm -- ___0000_______0000_00 mnnOOOOnnn____nUU - - m_m_n__ ----00-0. (Council Member Wishneff was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. 386 Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: 1 AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H a rr i s - 00 - - - - - - - -- 00 - - - - - - - -00 - - - - - - - - - - - 00 00 00 00 - - - - - - - - 00 - - - - - - - - 00 - - - - - - - - - 00 - - - - - - - - - - 00 -- ___n_ -- 00 6. NAYS: No n e __nnn_onnn_nm 00 _nnu__hnn__n_nnmnn___nnnnn_n_nnnnnnu_uO. (Council Member Wishneff was not present when the vote was recorded.) COMMUNITY PLANNING: A communication from the City Planning Commission transmitting the 2005 Annual Report, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Vice-Mayor Fitzpatrick moved that the 2005 Annual Report of the City Planning Commission be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayor H a rri s mm mnm 00 mUUhnn__n_n_n_m unn_nn_m_nnu___hhn_mnonnnnn_uun6. 1 NAYS: No nenn_nn_nnn 00 mnn_ 00 - - 0000_000000 UUU____n_nn___n___mn_uu u_m 00 00---0. (Council Member Wishneff was not present when the vote was recorded.) COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Sandra B. Kelly, Chair, advising of the resignation of John Griessmeyer as a member of the Roanoke Neighborhood Advocates, was before Council. Vice-Mayor Fitzpatrick moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H arri s _00_______ -------- - - ---------- -- -- - -------------- -- -------- 00_______ -- ________00 -- ----------------6. NAYS: No ne _00_______0000 00 ------ 00__0000 __00___ 00 00______0000________ 00_______ -- -------------------0. (Council Member Wishneff was not present when the vote was recorded.) 1 1 1 I . :.". 387 OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: A report of qualification of Darlene L. Burcham as a Commissioner of The Hotel Roanoke Conference Center Commission, for a term ending April 12, 2010, was before Council. Vice-Mayor Fitzpatrick moved that the report of qualification be received and filed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and M a yo r H a r r is - - - - - - - - -- - - - - - - - - - - - - - - - - -- - - - - - - - - - 00 00 00 - - - - - - - - - - 00 - - - - 00 00 - - - - - - - -- - - - - -- -- - - - m - - - - 00 00 -- - - 6. NAYS: Non e m_u________um - 00 oonnn_U_nUooonnn___m - mUoo__nnn__nm mu_n_unO. (Council Member Wishneff was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H arri s mm 000__00___0000__00 mm 00 nn_nn_____nm 00 _m 00 ooonn__n__n___hmnn_m 000--00-6. NAYS: No n e _nn____n__m mm 00 ooooonnn__u_..mnm mOO________n_UUUmn_m 00000----0. (Council Member Wishneff was not present when the vote was recorded.) R~ÇULAR AGENDA PUBLIC HEARINGS: NONE. Council Member Wishneff entered the meeting. 388 PETITIONS AND COMMUNICATIONS: BUDGET-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Council Member Sherman P. Lea, the City's representative to the Roanoke Valley Regional Cable Television Committee (RVTV) , advising that on June 8, 1992, Council approved the Roanoke Regional Cable Television Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the City of Roanoke, the County of Roanoke, and the Town of Vinton: funding for the Operating Budget is shared by the three governments, based on the annual proportion of Cox subscribers located in each jurisdiction: and for the City of Roanoke in fiscal year 2005-2006, RVTV produced 12 Inside Roanoke shows, 12 Spotlight on City Schools shows, 25 City Council meetings (includes one special session), and 40 original video productions (27 for the City of Roanoke, five for Roanoke City Schools, and eight joint City-County productions). It was further advised that the Roanoke Valley Regional Cable Television Committee approved the RVTV Operating Budget for fiscal year 2006-2007 at a meeting in March, 2006, in the amount of $322,563.00, representing a 5.8 per cent increase from the current year's budget of $304,713.00; RVTV staff is included on the payroll of Roanoke County and benefit system and will receive the same salary increase and insurance costs as other Roanoke County employees; and the proposed budget includes funding for closed captioning services for both City Council and Board of Supervisors meetings. It was explained that Cox Communications paid a five per cent Franchise Fee to the local governments in 2005, which totaled $1,918,355.00; the local governments informally agreed to allocate up to 20 per cent of the Franchise Fees collected to the RVTV Operating Budget, for the coming year, the amount will be $383,671.00, and RVTV's requested budget of $322,563.00 is less than that amount. It was explained that Cox calculates the percentage of subscribers (December 31, 2005) in each locality as follows: Localitv Roanoke City Roanoke County Vinton Subscribers 29,757 24,440 2,637 fgrcell..té!gg 52% 43% 5% 1 1 I 1 1 I ,..,; 389 It was noted that based on the above figures, each locality's contribution to the RVTV Operating Budget is as follows: 1oc~J.i!y Roanoke City Roanoke County \l.in..t_9JL ._ Total (:ontribution for FY 2006 -2007 $167,733.00 $138.702.00 n~L161128.0.o. $322,563.00 Council Member Lea recommended that Council approve the proposed RVTV budget for fiscal year 2006-2007, in the amount of $322,563.00, with the City's contribution totaling $ 167,733.00. Elaine Simpson, Cable Access Director, RVTV, reviewed activities of RVTV- Channel 3 during the past year. She advised that the RVTV Message Board contains a component of crime line photographs of persons who have committed felonies and/or have outstanding warrants for their arrest, and noted that the program, which started approximately 12 - 18 months ago, has been successful and warrants have been issued for the arrest of 15 persons. Vice-Mayor Fitzpatrick offered the following resolution: (#37358-041706) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal year 2006-2007 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of resolution, see Resolution Book 70, Page 246.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37358- 041706. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi sh neff and Mayor Harri s__m_ooo____mnmmmnnu___unmnmm__mooommm_.uum 7. NAYS: No ne-n- 0000000_._00000_____ _m -- un - - - 00 mm __ ooo____nnn____nnun m_nn -00------0. 390 REPORTS OF OFFICERS: I CITY MANAGER: BRIEFINGS: BUDGET-CITY EMPLOYEES: The City Manager advised that the City of Roanoke, as one of the largest employers in the Roanoke Valley, continues to capitalize on opportunities to engage the talents and contributions of the City's diverse community; during 2005, emphasis remained on increasing the diversity of the workforce and the City's capacity to be successful in a diverse, multicultural work environment: the City has built relationships and partnerships among City staff, EEO/civil rights organizations, colleges, universities, sororities, fraternities, and other groups interested in diversity; in addition, as a result of the Mayor's Multicultural Initiative, attention has been given to the City's growing multi-cultural community and the various ethnic groups represented therein; and efforts have been made to build relationships with the emerging cultural organizations in the community. She further advised that during 2005, the City appointed women to the positions of Assistant Director of Technology and Acting Director of Human Resources; several key positions were made available, i.e.: Director of General I Services, Assistant City Manager of Operations, and Director of Human Resources; vacancies present opportunities to encourage diverse candidates with a wide range of skills and experiences to participate in the employment process: pursuing a broader range of candidates further demonstrates the City's commitment to a more diverse workforce; emphasis continues to be placed on strengthening "diversity capacity" within the organization; the City organization has formalized a "diversity competency" which serves as a critical component of leadership performance; work continues with diversity consultants J. O. Rogers & Associates UOR); next steps include engaging a cross-functional team of employees to further refine the City's diversity strategy and to incorporate diversity as one of the City's core values; and incorporation of diversity in the City's Core Values ensures that its diversity perspective as an organization is far-reaching and influences the way that the City thinks and does business. I 1 1 1 391 It was explained that investment in the professional development and education of all employees remains paramount to ensuring that all members of the City's workforce will have the opportunity to improve their skills and to advance within the organization: the Employee Development Program (EDP) incorporates assessment, education planning and career counseling, accompanied by job shadowing, mentoring and coaching; during 2005, participation in EDP remained steady with 110 participants, of which 55% are women and 41 % are people of color: leadership programs have also afforded all employees with opportunities to be prepared for advanced roles in leadership; both Foundations for Leadership Excellence (FLE) and the Leadership Development Initiative (LDI) support the work of the City to prepare a diverse leadership team; FLE is an introductory supervisory program and LDI is a program for middle managers/professionals; and during 2005, 44 attendees were women and 29 were people of color. With regard to workforce demographics, it was noted that employment data for 2005 shows that 40 out of 210 new hires (19.0 per cent) and 18 out of 94 individuals promoted (19.1 per cent) were people of color; statistics reflect minimal variation from last year's figures of 21.5 per cent and 19.9 per cent, respectively; most favorable are the number of new hires who are female in the profeSSionals category which increased substantially this year, or 74.5 per cent compared to 54.3 per cent in 2004: efforts to refine recruiting methods have supported progress in attracting diverse applicants; the City of Roanoke processed over 10,000 applications for employment during calendar year 2005; from a gender perspective, applications were split fairly evenly, females 50 per cent and males 48 per cent (two per cent had no gender/race information); the racial make up of all applications was 32 per cent minority; in a review of applications actually chosen for interview and referred for consideration, 37 per cent were male and 48 per cent were female (15 per cent had no gender/race information); referrals for consideration included 31 per cent minorities; and the conclusion from the above referenced statistics is that an effort is being made to include protected class applicants in the applicant pool for consideration by hiring authorities. Relative to outreach recruitment, the City Manager reported that during 2005, recruitment efforts continued to explore and to develop greater avenues to seek out diverse applicants; the Annual Job Fair with the local chapter of the NAACP remains a mainstay of the City's effort to encourage a diverse population to pursue careers in municipal government; as a result of this year's 392 efforts with the NAACP Job Fair, several individuals interned with the City of 1 Roanoke during the year; a number of visits were made to both career fairs and college classrooms to speak to diverse groups of people regarding career opportunities with the City of Roanoke; career fairs included Career Premier which was held in Roanoke and was attended by students from eight local colleges and universities; and City staff attended both the CIAA Career Fair and the Virginia Hi Tech Career Fair, which attracted students from over 12 historically black colleges and universities along the eastern seaboard. It was further reported that the City participated as one of 70 employers in the This Valley Works Career Fair, which attracted 1,294 job seekers: recruitment efforts continue at the community college level to include southside Virginia; the Emerging Leaders Workshop, sponsored by Virginia Tech University, proved to be another venue where 60 students from over 15 black colleges learned about career opportunities in municipal government; the Human Resources Department maintained its partnership with the Police Department in recruiting efforts; in October 2005, both departments were represented at the Hispanic Heritage Festival sponsored by the Hispanic Community Resource Center; and John Jay College in New York City was visited and presentations were made to over 150 Criminal Justice students. In closing, the City Manager advised that making the City of Roanoke a 1 high quality, diverse employer requires remaining ever mindful of innovative recruitment opportunities and discovering new venues for reaching potential candidate populations; and becoming the "employer of choice" of a diverse, multi-cultural workforce remains the long term commitment of the City. Daniel Hale, President, NAACP, Roanoke Branch, expressed appreciation for the efforts of the City Manager toward affirmative action in the City of Roanoke; however, the NAACP continues to have concerns with regard to certain City departments, specifically the percentage of new hires in the area of protective service, which consists of 82.4 per cent white males and only 5.9 per cent African-American males, 7.4 per cent white females and 2.9 African- American females. He stated that another area of concern relates to the disproportion of minorities in the Municipal Auditor's Department, which currently has one African-American female and no African-American managers; the Municipal Auditor is appointed by City Council, therefore, it is suggested that the NAACP work with the Council to create avenues leading to diversity in the Municipal Auditor's Office and in other departments appointed by the Council. He added that the NAACP is encouraged by efforts of the City Manager in the Office of Management and Budget which has one African-American male, and two African-American female professionals, and the NAACP looks forward to working with the City Manager and the City Council to address diversity in I the total workforce of the City of Roanoke. 1 1 I ':-1,. '.' , " .....,. 393 Council Member Cutler: commended ~he City Manager's success with regard to diversifying the City's workforce. He emphasized that Council should continue to make appointments to the City's various boards and commissions keeping in mind the issue of diversity by age, gender, and race, etc. Council Member Dowe advised that according to research performed by the City Clerk's Office, over the past four years, minority appointments to the City's boards and commissions have increased by 30-40 persons. He inquired as to what can be done to retain minorities in the City's workforce. The City Manager advised that the question has numerous implications and suggested that a group of minority employees representing the various divisions of the City's workforce be convened to discuss the issue. Vice-Mayor Fitzpatrick advised that much progress has been made over the past 15 years. He commended the City Manager on her efforts to achieve diversity in the City's workforce, and stated that diversity is an issue that the City of Roanoke, as a major employer, should target for attention. Council Member Lea advised that although some positive steps have been taken, he continues to be concerned about the low number of black males in the City's workforce. He stated that the process starts with Council and Council's appointments to boards and commissions to ensure that appointments are representative of the total community. He added that although much progress has been made to date, there is still much work to be done. Council Member McDaniel commended the City Manager on her commitment to diversity in the City's workforce. The Mayor reiterated the remarks of Council Members Dowe and Lea and advised that Council takes seriously the need for diversity in appointments to the City's boards and commissions. He commended the City Manager and City staff for their efforts and accomplishments during the past six years. BUDGET: The City Manager called upon Sherman M. Stovall, Director, Office of Management and Budget, to present the City of Roanoke's Fiscal year 2006-2007 Recommended Budget. 394 The following is a summary of Mr. Stovall's presentation: I Objectives/Challenges · Maintain and, when possible, enhance services to address City Council's Strategic plan with an emphasis on Education Public Safety Public Health and Welfare Economit. Development Housing and Neighborhood Revitalization Recreation and Culture Efficient and Effective Delivery of Services · Competitive employee compensation and benefits · Continue to build debt capacity for planned capital projects · Continue progress in budgeting for equipment replacement, capital building maintenance, street avin and technolo 1 I I FY 2006-07 Budget · Recommended budget is balanced · General Fund Budget Totals $239.607.000 . Increase of $15,808,000, 7.1 % ..-ROANOKE I FY 2006-07 Budget. · Recommend reduction of $.02 in the Real Estate Tax Rate - Revenue Reduction of $1,134,000 . Recommend increase of $.27 in the Cigarette Tax - Additional revenue of $1 ,520,000 - Use $1,134,000 to offset real estate tax rate reduction and hold school division harmless - Use balance of $386,000 to provide debt service for bond issuance of $5 million for curb, gutter, sidewalks, and bridge renovation - Rate increase puts City of Roanoke at average for Virginia First Cities jurisdictions I 395 396 1 FY 2006-07 Budget . Recommend an increase in the income and net worth caps for tax relief to the elderly and disabled. Increase household income cap to $34,000, based on the change in the consumer price index since the last revision in July 200 I Increase the net worth cap to $125,000 General Fund Revenue Summary Revenue Increase $15,808,000 local Revenue $6,896,000 +4.17 State $8,912,000 Revenue +15.28% State revenue growth reflects the restatement of $3,639,000 in telecommunication taxes as state revenue. Without this restatement, local revenue growth would be 9.01% and state revenue growth would be 6.41% 1 1 I Local Revenues FY 2006-07 FY 2006-07 $ Change % Change Total Local Revenues $6.896,000 4.17% .._-~._.. Rcal Estate Tax $4,880,000 7.58% ..!,crsonal Propcrty Tax $ I ,632,000 10.89% Salcs Tax $1,325,000 6.92% Cigarette Tax $1,620,000 90.00% Business License $420,000 3.63% Transient Room/Lodging Tax $277 ,000 12.31% Utility Tax ($2,285.000) (17.18%) E-911 Surcharge ($800,000) (50.00%) Prepared Food Tax $428,000 4.16% All Othcr Local Taxes.and Revenues ($601,000) (2.30%) ; 1 State Revenues FY 2006-07 FY 2006-07 $ Change % Change T otallntergovernnlental Rcvenue~ $8,912,000 15.28% Non-Categorical and Other $3,090,000 31.28% ( Personal Property Tax Relief, , Telecommunications Recordation, i r ABC/Wine, Rolling Stock, Rental Car) Shared Expenses $115,000 1.37% (Constitutional Officers) Human/Social Services $3,725,000 16.71% Categorical $1,982,000 11.17% Uail Per Diems, HB 599, Street Maint., Library, VJCCCA) I 397 398 I User Fee Adjustments Fee Current Proposed -. EMS Basic LifG Support EmergGncy $280 $300 EMS Advanced Life Support Emergency $330 $360 - EMS Advanced Life Support Level 2 $475 $550 Emergency Copy Charge (Per Page) $.05 BlaclvWhife (8.5Xll) Per Page 5.10 Color (8.5Xll) All Copies $.20 BlacklWhite (8.5X14 & 8.5X17) S.15 Color (8.5X14 & 8.5X17) $.25 BlacklWhite (11X17) $.20 Color (11X17) 5.30 - .- Library Besf Seller Book Rental Program N/A 52 per book per week -" 1 General Fund Expenditure Summary Revenue Increase 515,808,000 Schools 53,402,998 Employee Compensation and Benefits 55,885,971 Debt Service and Cash Funded Capital 52,017,159 Maintain Existing Services 53,962,261 New Positions and Enhanced Services 51,727,900 Other Adjustments/Budget Reductions ($1,188,289) 1 1 Education . Increase of $3,402,998,6.2% Based on 36.42% of adjusted local taxes Transfer to School Fund - $57,755,298 Debt service of $4,218,455 - Reflects investment in school capital projects Funding provided is 26% of total General Fund budget and compares favorably to Virginia First Cities jurisdictions 1 Employee Compensation and Benefits . .Employee ComRensation . i1.534.228 Average pay raise of 4.0% of current salary Salary suryey indicates salaries are approximately 9% behind First Cities jurisdictions . Benefits - $2351.743 Increase in contribution rate for the Employee Retirement System Increase in the cost of health, dental, and life insurance 1 399 400 Debt Service and Cash Funded Capital, Equipment Replacement and Maintenance 1 . Additional Debt Capacity...:J 1,450,000 . Support of Planned Capital Projects . Cap-ita 1 and Eq!!1J:1ment R~-p-I,!cement - $567,159 . Paving-$217,159 Bridge Maintenance - $350,000 Unable to grow funding in the operating budget for capital building maintenance, equipment replacement, and technology . Use one-time funds to provide additional funding for FY 2007 I Public Safety . 10 Police Officer Positions Respond to increased call volume Enhance visibility Support public safety initiatives · Additional vehicles for the Police Officer Take Home Car Program · Officer Next Door Program . Fire-EMS Facilities Improvements I 1 Public Health and Welfare · Support for Social Service and Human Service Programs · 4 Social Worker Positions . Address current caseload for child protective services · Support of Human Service/Community Agencies I Economic Development · Promote efforts of Economic Development Division · Brand Marketing and Advertising . Expand marketing of the City of Roanoke brand Raise Roanoke profile outside of the region Attract new visitors and residents · Support the Market District Plan . Begin concept design and architectural engineering · Promote Development of Riverside Centre and the Roanoke Center for Industry and Technology · Promote and Support the Enterprise Zone 1 401 402 Housing and Neighborhood Revitalization I · Implement Housing Strategic Plan · Continue the targeted application of federal housing (Community Development Block Grant and HOME Investment Partnership) funds · Enhanced Code Enforcement · Assistant Commonwealth's Attorney Position . Focus on full-time prosecution of code enforcement cases 1 Housing and Neighborhood Revitalization · Streetscape projects in support of neighborhood plans and to improve the appearance and function of public streets · Continue curb, gutter and sidewalk, improvements · Enhanced leaf collection activity I I I 1 Recreation and Culture · Implement Phase I of the Comprehensive Library Plan 6 additional positions to enhance services to citizens Enhancements to library collection, programs, and technology · Arts Festival and 125th Anniversary Celebration · Part-Time Arts Coordinator Position . Coordination and implementation of the Public Art Plan · Roanoke River Keepers . Facilitate continuous cleanup and debris removal · Support of Cultural Agencies Efficient and Effective Service Delivery · Building Inspector Position · Assist with increased volume of inspections · 2 Maintenance Worker Positions (Facilities Management) Dedicated to maintenance at Roanoke Jail · Facilitate the reallo(at;on of resources to focus on energy savings · Deputy Court Clerk Position - (Clerk of Circuit Court) · Support courtroom operations · Maintain Prompt, Professional, and High Quality Customer service 403 404 Miscellaneous 1 . Inflationary Increases · Motor Fuels · Utilities · Miscellaneous Program Activities · Expenditure Reductions · Across department and divisions boundaries Ted J. Edlich, III, Executive Director, Total Action Against Poverty, expressed concern with regard to reported decreases in funding to one of TAP's 1 most vital initiatives on behalf of low income citizens; i.e.: This Works Education and Training Programs which are conducted at the Roanoke Higher Education Center. He called attention to a number of successful demonstration programs that were developed approximately ten years ago as a result of the work of a blue ribbon task force that reviewed TAP's role in education programs to provide educational opportunities to low income persons who either had dropped out of school. or had not received the level of education and training to support their advancement in life. He explained that some of the programs include Project Discovery, the Dropout Retrieval Program, the Center for Employment and Training, and the This Valley Works Program_ He asked that Council review the proposed CDBG budget and restore funds to TAP's educational programs. Hazel G. Clay, GED instructor and a teacher with 41 years of experience, spoke to the merits of TAP's Fast Track to GED program which is needed to help students achieve their GED diploma. I 1 I I 405 Owen Schultz, Manager of TAP's Planning Department, spoke in support of the This Valley Works Employment and Training Program which focuses efforts on the highest scores of impoverishment within the City of Roanoke: those persons who have dropped out of school, who do not have jobs, who have no skills and cannot find jobs. He stated that the total budget of the This Valley Works Program for fiscal year 2007 is approximately $400,000.00; however, without funding assistance by the City, it will be difficult to meet the critical needs of this segment of Roanoke's citizens. The City Manager clarified that TAP's This Valley Works (GED program) is not scheduled for a reduction of funds in fiscal year 2006-2007. She added that TAP's Forklift Operator and Warehouse Training Program is a new program that will be addressed as a part of Community Development Block Grant public hearings and review process. Council Member Dowe inquired if funds are included in the City's fiscal year 2007 budget to implement the City Market Study: whereupon, the City Manager advised that approximately 5200,000.00 is included for concept design and architectural engineering for Phase I of the project. She added that it will be necessary for Council to prioritize the various elements of the study; Downtown Roanoke, Incorporated, will review the study and submit priority recommendations: a number of items in the consultants report should be the prerogative of the private sector and some items should be addressed by the City and funds have been set aside to begin the process. Council Member Cutler spoke in support of the proposed budget; however, he expressed concern that the City is not adequately addressing storm water management/storm drainage needs and it will be necessary to enact a storm water fee in order to provide the kind of storm water management program that is needed by the City of Roanoke. He added that numerous priority items are not included in the proposed fiscal year 2006-2007 budget because there are limits on the City's income. The Mayor spoke in support of the proposed budget as being both responsible and responsive to the needs of the citizens of the City of Roanoke. He stated that the proposed reduction in the real estate tax rate will be offset by an increase in the cigarette tax, therefore, the proposed 2006-2007 budget is fiscally neutral. He spoke in support expanding the perimeters for the City's tax relief program for senior and disabled persons, a four per cent pay increase for City employees, ten additional police officers, and four additional social worker positions for the Child Protective Services program. He stated that there will be more detailed discussion of the school funding formula which has been in effect for a number of years and did not take into account debt service as a part of the formula, yet the two largest capital projects in the history of the City 406 of Roanoke are school related; i.e.: the rebuilding of Patrick Henry and William I Fleming High Schools. He advised that at a recent monthly meeting with the City Manager, the Superintendent of Schools and the Chair of the Roanoke City School Board, he proposed the formation of a study group to be composed of the City Manager, the Superintendent of Schools, City and School finance staff, a member of City Council and a member of the School Board to study the school funding formula and to submit recommendations to Council and to the School Board later in the year. He stated that he would formally present the proposal at a joint meeting of the Council and the School Board on Monday, May 1, 2006. The Mayor advised that Council will hold a public hearing on the proposed 2006-2007 fiscal year budget on Thursday, April 27, 2006, at 7:00 p.m., in the City Council Chamber, to be followed by budget study sessions on Thursday, May 4 at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, and on Friday, May 5 at 8:30 a.m., if necessary, and the City's Fiscal year 2006-2007 budget will be adopted at a meeting of the Council to be held on Thursday, May 11, 2006, at 2:00 p.m., in the City Council Chamber. ITEMS ~EC.OMMENDE[HQRAÇTION: BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a I communication advising that the Fireman's Fund Insurance Company was founded in 1863 with a mission to donate a portion of profits to the widows and orphans of San Francisco firefighters; through the Fireman's Fund Heritage Program, Fireman's Fund Insurance Company is proud to support firefighters for safer communities: since the beginning of the program in 2004, millions of dollars have been awarded to fire departments and fire safety and burn prevention organizations across the country; and today, Fireman's Fund supports firefighters through the Fireman's Fund Heritage program, allowing departments to purchase much needed supplies and equipment. It was further advised that the Fireman's Fund Heritage Program has selected the Roanoke Fire-EMS to be the recipient of a 550,000.00 grant which requires no local match. It was explained that funds will be used by the Fire/EMS department for physical fitness training equipment: equipment will be purchased to outfit Fire- EMS Stations 1, 7, 8 and the new Fire-EMS headquarters currently under construction; the abovereferenced stations were selected to receive new physical fitness training equipment because they either did not have the equipment, or current equipment is outdated or in disrepair; and equipment is 1 needed to ensure that firefighters will continue the required ongoing physical fitness training programs. 1 1 1 407 The City Manager recommended that Council take the following actions: . Accept the grant award of $50,000.00; authorize the City Manager to execute the required grant agreement and any other related documents approved as to form by the City Attorney. . Adopt a budget ordinance to establish a revenue estimate in the amount of $50,000.00 and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37359-041706) AN ORDINANCE to appropriate funding from the Fireman's Fund Heritage Program, 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. 70, Page 247.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37359- 041706. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff and M a yo r H a r r i s -- - - n - - 00 n - - - - - - n - - - - - - - - n - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - 00 n - - - - _n_ - - - - n - - - - --- - - - 6 . NA YS: No ne mnm 00 00 _m 0000 00 _m mm nnn_nn___nnnnnnnnnnnnnnn_nnn______O. (Council Member Dowe was not present when the vote was recorded.) Vice-Mayor Fitzpatrick offered the following resolution: (#37360-041706) A RESOLUTION accepting a Fireman's Fund Heritage Program grant to the City from The Fireman's Fund Insurance Company, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book 70, Page 248.) 408 Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37360- 041706. The motion was seconded by Council Member Cutler and adopted by the following vote: 1 AYES: Council Members Cutler, Fitzpatrick, Lea, McDaniel, Wishneff and Mayo r H a rri s _00_________ ---------- -- ------- - --- ---------- -- -- ________0000__________00___________00____________6. NAYS: Non e-m mnm 00 nonm 00 00000000 00 - 0000 unun_muuu_n__u__nhnn_n_nnn__n_O. (Council Member Dowe was not present when the vote was recorded.) CITY CODE-TAXICABS AND FOR-HIRE VEHICLES: The City Manager submitted a communication advising that during the April 3, 2006 Council meeting, Yellow Cab Services of Roanoke, Inc. (petitioner), submitted a petition requesting an adjustment of rates for a fuel surcharge for taxicab service and for-hire automobiles in the City of Roanoke; rates are regulated by Council pursuant to Section 34-130 of the Code of the City of Roanoke (1979), as amended: and taxicab service in Roanoke is provided by Yellow Cab, Liberty Cab Company, Northwest Cab Company, and Quality Taxi Company. It was further advised that according to the petitioner. since the last increase (spring, 2004), the cost per gallon of gasoline has risen significantly; 1 and in addition, current indicators suggest gasoline prices will continue to dramatically increase which has compelled taxicab companies operating in the City of Roanoke to petition Council for the addition of a fuel surcharge that would assist drivers in partially offsetting escalating gasoline prices. It was further advised that the proposed fuel surcharge of $1 .00 would be added to the current meter price charged for each trip and would be posted on the rate stickers displayed in each taxi; per the petitioner, the requested increase is in line with what other taxi companies in Virginia are charging, or are seeking to charge; and the companies have agreed to drop the proposed fuel surcharge if the average posted price of a gallon of gasoline drops below the price of $2.00 per gallon for a period of six months. It was noted that City staff conducted a survey among other Virginia municipalities to determine practices with respect to fuel surcharges; and 18 localities responded to the inquiry and provided the following information: 1 1 1 1 409 · Eleven have either received such requests tied directly to fuel increases, or with the cost of fuel being one of the major reasons for the request. Each locality has either allowed the companies to increase rates or to add a fuel surcharge. In most cases, the net effect was to add $1.00 to the trip price. · One locality, Fairfax County, agreed to a 51.00 trip surcharge initially, but the amended ordinance will expire on April 30'h, and no decision has been made on how to proceed once the ordinance expires. · Williamsburg received a request for a temporary $1.00 per trip fuel surcharge but did not act on the request. · Five localities indicated that they have not received a formal request for a fuel surcharge. It was advised that the proposed surcharge will be posted on the rate stickers displayed in each taxi, the average cost of gas will be tracked on a monthly basis by designated City staff using the average cost per gallon of regular unleaded self-serve gasoline in the City of Roanoke as published by the American Automobile Association (AAA) to monitor whether fuel prices drop below 52.00 per gallon for a consecutive six month period; and if such occurs, designated City staff will notify the taxicab companies to drop the surcharge effective the first day of the following month and remove the surcharge from rate stickers displayed in each taxi. The City Manager recommended that Council amend Section 34-130 of the City Code to authorize the imposition of a fuel surcharge of $1.00 to be added to the current meter price charged for each trip, effective May 1, 2006, with the stipulation that the surcharge will remain in effect until such time as the average posted price of a gallon of gasoline drops below the price of $2.00 per gallon for a consecutive six month period. Council Member Dowe offered the following ordinance: (#37361-041706) AN ORDINANCE amending subsection (8) of §34-130, Rªte5çh_e<t[jle, Division IV, Fares, Article 111, Public Vehicles (Taxicabs and for Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, in order to adjust certain rates charged for services rendered by taxicabs and for-hire automobiles; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 249.) 410 Council Member Dowe moved the adoption of Ordinance No. 37361- 1 041706. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harris_uuh_umm_mmmmm_m___u_h____nmnmmmmmmu__7. NAYS: Non en-m m____um __ __ nU______nn_nn_nnnn_mnnnm __ - 00 00 nnu__nn_nn__O. BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a communication advising that several months ago, the Western Virginia Workforce Development Board (WVWD Board) inquired about the possibility of making board staff (two full-time regular and two part-time temporary) City of Roanoke employees, as grant funded positions, with no local cost to the City; most Workforce Investment Board staff throughout the Commonwealth of Virginia are affiliated with municipal or local organizations in order to access employee benefits at a reasonable rate; while many of the municipalities or local organizations could serve as the host organization for this purpose, customarily board staff throughout the state are employees of the Board's fiscal agent: and the City of Roanoke serves as fiscal agent for the Board. It was further advised that City and Board staff have developed a letter of 1 agreement to allow Board employees to become City of Roanoke employees for the purpose of providing benefits at a reasonable cost to full time employees; the WVWD Board provides a needed service to the area, and it is in the best interest of the City to have well qualified staff performing the work; a competitive benefit package is a key component to attracting and retaining qualified personnel; and funding for employee benefits will be provided by existing grant funds, or the employees themselves, therefore, no local City funds are required. The City Manager recommended that she be authorized to execute an agreement, in a form to be approved by the City Attorney, with the Western Virginia Workforce Development Board, to provide grant funded employee status (including benefits for full time employees) to staff of the WVWD Board. Council Member Dowe offered the following resolution: (#37362-041706) A RESOLUTION authorizing the execution of an agreement and related documents with the Western Virginia Workforce Development Board to provide grant funded employee status (including benefits for full time employees) to staff of the WVWD Board. (For full text of resolution, see Resolution Book 70, Page 250.) 1 1 1 1 411 Council Member Dowe moved the adoption of Resolution No. 37362- 041706. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wish neff and Mayor Harris_mmm__mn___,muummmmmnn_n_,_uumnmmmmm 7. NAYS: Non e '-000000'- mum - - 00 _m 00000___ __ ooonnooon_m - 00 mm - - 00000________000000000000_0. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting appropriation of $4,100,000.00 in 2002 Capital Bond Funds from the Roanoke City Capital Fund to the Roanoke City Public Schools Capital Fund, to provide funds for construction of a football stadium to be located on the campus of William Fleming High School, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Council Member Cutler offered the following budget ordinance: (#37363-041706) AN ORDINANCE to appropriate funding for the William Fleming High School Stadium Project, amending and reordaining certain sections of the 2005-2006 Capital Projects and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 251.) Council Member Cutler moved the adoption of Ordinance No. 37363- 041706. The motion was seconded by Council Member Dowe. Council Member Lea expressed concern that the appropriation of funds to construct an athletic field at William Fleming High School in 2008, as opposed to 2010, as was previously stated is a political ploy during in a Councilmanic election year. He stated that he would like to send a message to Councilmanic candidates that the year is 2006, and the black community cannot be bought with sound bites and snappy campaign ideals, but must be earned based on a proven record of achievements. 412 Council Member Wishneff pointed out that the City paid a consultant 1 $150,000.00 for a study of Victory Stadium that included no school athletic field alternatives. He advised that the consultant's report stated that by using historic tax credits, the City could construct an 18,000 seat stadium for about $13 million, compared to a 5,000 seat stadium in the range of $18 to $19 million. He stated that no meeting was held to discuss the results of the consultant's study, and Council proceeded to authorize athletic fields at both high schools. He added that the Western Virginia Education Classic will not be played in Roanoke in the future because there is no appropriate location to play the football games. He expressed disappointment that the Council did not support continued funding for the Blue Ridge Technical Academy, yet Council approved the construction of an athletic field for Patrick Henry High School after listening to the sentiments of rising seniors at Patrick Henry. Vice-Mayor Fitzpatrick advised that a decision was made by a majority of the Council to build stadia at the two high schools at a cost of 58.2 million, which saves taxpayers in excess of $12 million when adding in the restrooms at . 'Victory Stadium that were not included' in the consultant's report, and is also questionable if full historic tax credits could be used. However, he stated that the real question rests with the numerous issues that currently face the City that are far more critical than a stadium. He advised that he could not in good conscience vote to invest large sums of taxpayers' money in a stadium that will 1 provide no rate of return on the money; and the majority of Council is attempting to move the City of Roanoke forward in a way that will have implications 20-50 years into the future. The Mayor advised that the Stadium Study Committee brought forth a number of recommendations, one of which Council unanimously forwarded to the School Board to study the question of construction of day stadiums at the two high schools. He stated that Council engaged in a lengthy and thorough discussion following the consultant's report in a work session which was followed by a public presentation by the consultant at a Council meeting. He advised that when factoring in historic tax credits for the renovation of Victory Stadium, $19 to $20 million of public money would be required; therefore, when alluding to the $13 million figure, the impression is given that the total cost of renovating Victory Stadium is $13 million when, in fact, it would be a $20 million project versus an $8.2 million high school stadium effort. In closing, he stated that on November 7, 2005, the majority of Council voted to 1 1 I I 413 approve high school stadia, with $4.1 million for the Patrick Henry stadium and 54.1 million for the William Fleming stadium; a community engagement process was agreed to with regard to the Patrick Henry stadium, with the understanding that as soon as the process was completed, the community engagement process would proceed with regard to the William Fleming stadium: and at the end of the respective processes, the Council would adopt ordinances appropriating funds which were previously approved for the Patrick Henry stadium and are now being requested for the William Fleming stadium. Ordinance No. 37363-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and Mayor H a rri s------------- ------ - - - ---------00---- _00_____ -- 00 _________00_____00____ - - -- _______00____00______00____00____ 5 . NAYS: Council Members Lea and Wishneffooummmm-mm--m-mnmu-m-2. LOANS-SCHOOLS: A report of the Roanoke City School Board requesting that Council approve a State Literary Fund loan application in the amount of $2 million for improvements to Monterey Elementary School. was before Council. It was advised that the loan application includes a resolution for architectural supervision; and debt service on the loan will increase the School Board's debt service expenditure by $80,000.00, commencing in fiscal year 2007-2008, but no debt service liability is incurred until funds are drawn against the loan account. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Council Member Dowe offered the following resolution: (#3 7364-041706) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Monterey Elementary School. (For full text of resolution, see Resolution Book No. 70, Page 252.) 414 Council Member Dowe moved the adoption of Resolution No. 37364- 041706. The motion was seconded by Council Member McDaniel and adopted by the following vote: 1 AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wish neff and Mayor Harris__ooomnmnuhmm_m_mmmmoo____n_mmmm__hnnmm 7. NAYS: Non e_ooon__oo_m - - - - ___0000000_000 00 - 00 _00_00000000000______000 m_nn_hn 000000 - - - - 00 00-0. Vice-Mayor Fitzpatrick offered the following resolution: (#37365-041706) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for improving the present school building at Monterey Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of resolution, see Resolution Book No. 70, Page 253.) Vice-Mayor Fitzpatrick moved the adoption of Resolution· No. 37365- 041706. The motion was seconded by Council Member Dowe and adopted by the following vote: I AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harrismooon__ooo_m_mmm_mmoooomu__oo_oo__oooooom__nnmum__7. NAYS: Non eo_om - - 000000000000000000__00____000 -- mnnnm - - m_noo 000000000_0000__000000000 00 - O. BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting appropriation of the following funds, was before Council: . $19,171.00 for the Comprehensive School Reform Grant for Huff Lane Micro Village, to provide for replication of successful intervention programs from other school divisions; and funds will provide staffing for a MicroSociety program which includes staff development and skills instruction for students, said program to be 100 per cent reimbursed by Federal funds: . $19,171.00 for the ComprehenSive School Reform Grant for Oakland Elementary School to provide for replication of successful intervention programs from other school divisions; and funds will provide for staff development for teachers and math skills instruction for students, said continuing program to be 100 per cent reimbursed by Federal funds; 1 , . 415 1 · 5105,000.00 for the Title I School Improvement program to aid the school division in efforts to provide strategies to increase student learning at seven low-performing schools, said continuing program to be 100 per cent reimbursed by Federal funds; · $3,365.00 for the Title III Grant to provide services to students with limited English proficiency and to immigrant children, said continuing program to be 100 per cent reimbursed by Federal funds: · $180,000.00 for the William Fleming Community Learning Center; the Center will be open year round and serve 150 students and 100 adults annually: and the Center will provide educational services to increase student performance on the Standards of Learning, said continuing program to be 100 per cent reimbursed by Federal funds; 1 · $5,000.00 for the William Fleming High School Honor Schools Project Graduation Expansion Grant, to provide funds for middle and high school instruction to students requiring remediation in English/Reading/Writing and Algebra I, said new program to be 100 per cent reimbursed by State funds: and · 5920.00 for the William Fleming High School NGA Honor Schools Pr09ram, to provide funds for three teachers to receive training to teach Advanced Placement or dual enrollment courses as part of Virginia's NGA Honor Schools Program, said new program to be 100 per cent reimbursed by State funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37366-041706) AN ORDINANCE to appropriate funding for the Comprehensive School Reform Grants, Title I School Improvement Program, Title III Grant, William Fleming Community Learning Center, William Fleming Honor Schools Expansion Grant, and William Fleming Honors Schools Program, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 70, Page 254.) 416 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37366- 1 041706. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi s h neff and Mayor Harri S_m__m_m_um_____nmoo__nm_mm_m_mm_nnmmmnmn7. NAYS: Non en-m 0000000000_00_0000__ nm - 00 - mn____ nnUUn 00 00 mOO_nnnnnn_ __ --000000-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. 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, I recommendation or report to Council. SIDEWALK-STREETS AND ALLEYS: Mr. Jeff Roudabush, 209 Princeton Circle, N. E., advised that recently improvements were made to neighborhood streets in the area of Princeton Circle by the addition of curb and sidewalk: and additions were welcomed and appreciated, not only because they added to the attractiveness and value of the neighborhood, but to the safety of residents and to those persons traveling through the area. He stated that last year, a portion of Princeton Circle (3417 - 3660) was addressed, paving operations have begun for the entire street and milling has been done on that portion of the street that was provided with curbs only. He asked the following questions: . Why was the remaining portion of Princeton Circle, or approximately 1150 feet, not provided with curb at the same time? I 1 I I ,. 417 · When will curbs be installed? · How will the present paving operation affect the future addition of curbs? If curbs are installed at a later date, will the new pavement be reworked, or will the street have a patchwork appearance? · Will manhole locations be indented, or will new pavement be tapered thin enough to allow smooth passage by vehicles? Can pavement be tapered and still provide the durability that is needed since that portion of the street is subject to more traffic by heavy vehicles than the other portion of Princeton Circle? The Mayor advised that the questions raised by Mr. Roudabush would be referred to the City Manager for response. ECONOMIC DEVELOPMENT: Wiley J. Burrows, 325 Willow Oak Drive, S. W., spoke in _support of the City oJ Roanoke's economic development program. He also spoke in support of renovations to Patrick Henry and William Fleming High Schools which will allow all students to be housed in one building and maximize the use of land, which is considered to be economic development at its best. He commended improvements to Henry Street and the Grandin Road area that will lead to major improvements by business owners, creation of the Western Virginia Water Authority, the Roanoke Civic Center expansion project, and establishment of Ivy Market and the Bio Medical Center project. He spoke in support of construction of the proposed hotel in the area north of Reserve Avenue and suggested that a sound barrier wall be installed, the O. Winston Link Museum and the Roanoke River Flood Reduction Plan. He stressed the importance of resolving the Victory Stadium issue so that the City can move on to more pressing and important issues. In closing, he commended the City of Roanoke on past economic development efforts and expressed appreciation to Council Members Cutler and McDaniel for their service to the City of Roanoke. CITY MARKET: Anita Wilson, a City Market Building tenant, expressed concern that no lease renewal option is included in her lease agreement for space in the City Market Building. She stated that according to the floor plan contained in the market consultant's report, it appears that one-half of City Market Building tenants will be disenfranchised. She further stated that 418 numerous businesses have moved out of the downtown area; and the City Market Building should be renovated, but small businesses cannot afford to be out of business for 12 - 18 months while renovations are made at a cost of $2.9 million. In closing, she asked that Council take into consideration the small businesses in the City Market Building that could be disenfranchised as a result of recommendations by the City Market consultant. 1 Vice-Mayor Fitzpatrick advised that Council received a copy of the consultant's report on Friday, April 27, no decisions have been made with regard to recommendations and the consultant's report provides numerous guidelines. He stated that downtown Roanoke is a crucial element in the City's overall economic development package, there is currently an element of confusion with regard to what needs to be done, which does not involve just the investment of money, but an understanding of the dynamics of the City Market and how it fits in with the rest of the Roanoke Valley. He advised that the City is attempting to improve the overall situation and nothing is about to happen in the near future that will change the scheme of the City Market Building or disenfranchise businesses. ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, advised that both the City Market Building and Victory Stadium have been neglected for a long time, and suggested that the third floor of the City Market Building be used as a senior citizens center. He spoke in support of the I renovation of Victory Stadium and advised that with the proper marketing, Victory Stadium could be a revenue producing venue for the City, and the National Guard Armory could be converted into a military, public safety and sports hall of fame. In closing, he advised that Victory Stadium is an important part of the history of the City of Roanoke and should be renovated for future generations of the Roanoke Valley to visit and enjoy. CITY MANAGER COMMENTS: None. Council Member Wishneff left the meeting. At 5:00 p.m., the Mayor declared the Council meeting in recess for four Closed Sessions. At 5:20 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Member Wishneff, Mayor Harris presiding. I 1 1 1 419 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: (]) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H a r r i s n - - - - - - - - - - - - - - - - - - 00 - - - - - - - - n - - - - - - - - - - - - - - - 00 - - - - - - n - - - - - - - - - - - - - - - - - - - - - - - 00 - - - - _n_ - - - - n - - 6 . NAYS: No n em m_n_n_nnnn_ u_m - - mnnn_nn __nom 00 mom mnn_OnnnUUm mnO. (Council Member Wishneff was not present when the vote was recorded.) BUILDINGS/BUILDING DEPARTMENT: The Mayor advised of a vacancy on the Local Board of Building Code Appeals: created by the resignation of John W. . .Dreiling: whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Charles R. Shaver. There being no further nominations, Mr. Shaver was appointed as an alternate member of the Local Board of Building Code Appeals by the following vote: FOR MR. SHAVER: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harrisnmm-------n--------uuumn_u_ummmmm___m_____________6. (Council Member Wishneff was not present when the vote was recorded.) VIRGINIA MUNICIPAL LEAGUE-COMMITTEES: The Mayor advised that the following persons will be nominated to represent the City of Roanoke on Virginia Municipal League Policy Committees: M. Rupert Cutler - Environmental Quality William M. Hackworth - General Laws Alfred T. Dowe, Jr. - Human Development and Education Beverly T. Fitzpatrick, Jr. - Transportation Jesse A. Hall - Finance 420 At 5:25 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. 1 At 7:00 p.m., on Monday, April 17, 2006, 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 Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding. PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff (arrived late), and Mayor C. Nelson Harrismmm_________mmm_nmm__mmnmnm 7. A BS E NT: Non enm _m n - - n n --000000000000 000 n_nnm - - - - mnm - - n mnn__nnnn_ooo 0000 O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. 1 PUBLIC HEARINGS: ROANOKE ARTS COMMISSION-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 17,2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Art for Everyone, Roanoke Public Art Plan. the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 4, 2006 and Monday, April 10, 2006. The City Planning Commission submitted a written report advising that the proposed Roanoke Public Art Plan recommends an expansion of the City's public art, recommends ways and means for future funding of public art, and provides a framework for acquisition, display and maintenance of publicly owned art; and while there is strong support for the general principles, goals and objectives contained in the Plan, the Planning Commission's recommendation includes a number of modifications to the draft plan, as I follows: 1 1 1 421 · The Planning Commission does not recommend inclusion of the proposed Art in Private Development Policy/Ordinance as identified generally in the Plan and as specifically contained in Appendix Page A-9; the process that the proposed private development policy appears to contemplate as it pertains to a developer paying into an established public art fund to receive development incentives is not consistent with current State enabling legislation regarding incentive zoning. · The establishment of a Public Art Trust Fund as outlined on Page 20, Item #3, whereby public monies are transferred and controlled by a separate trust fund is also not recommended; currently, funds designated for the Percent for Art program are retained in a separate account in the City's financial system with proper controls and audit review; and proposed modifications to the Plan include creation of a private foundation for the purpose of collecting private donations for the program which could be used to leverage public funds contained in the Percent for Art account. · Recommended changes to the Percent for Art policy guidelines which were established by resolution of Council should be left to the discretion of Council and not to the Arts Commission as recommended in the Plan; any changes to either policy guidelines, or to the Percent for Art ordinance as contained in the City Code should be considered by Council outside of the parameters of the Plan: therefore, references to changes in the current Percent for Art policy guidelines are recommended for deletion from the Appendix of the Plan. · Senior City administration staff attended a meeting of the Arts Commission on March 14, 2006, to further review the salient points of the draft Plan and discussed modifications to the contents; two specific points of clarification were identified, including the commitment to provide professional staff within the City administration to support Arts Commission activities: and development of a private trust fund to facilitate the assembly of private donations and monies in support of the public arts program; and the Arts Commission was encouraged to adopt guidelines related to internal processes for procurement of public art. 422 The City Planning Commission recommended that Council adopt the Art 1 for Everyone, Roanoke Public Art Plan, as a component of Vision 2001-2020, the City of Roanoke Comprehensive Plan. Council Member Cutler offered the following ordinance: (#37367-041706) AN ORDINANCE approving the "Art for Everyone" Roanoke Public Art Plan, as modified, and amending Vision 20_01 - 2020, the City's Comprehensive Plan, to include the "Art for Everyone" Roanoke Public Art Plan, as modified: and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 257.) Council Member Cutler moved the adoption of Ordinance No. 37367- 041706. 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. In response to a question by Council Member Cutler, the City Manager 1 advised that the Public Art Plan will be available for review on the City's website. Question was raised as to whether a public art policy will be included as a part of the Public Art Plan; whereupon, the City Manager advised that a policy statement will be drafted for approval by the Roanoke Arts Commission, to be followed by the approval of Council; however, the document will not be a part of the Comprehensive Art Plan. There being no further discussion by Council Members, Ordinance No. 37367-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayo r H a r ri s - no - - - - - - - on 00 - - - - - - -- 00 - - - - - - - - - 00 __ - - - - - - - - 0000 -- - - - - 00 -- 00 - - - - - - - _n_ -.- - - - - -00- -- 00 - - - - - - - - - - 6 . NAYS: Non e - - -- -- - - - - - - -- 00 - - - - - - - - - - - - - - - - - - - - - 00 -00- - - - - - - -00- - - - - - - d__ - - - - - - - -- -00- 00 00 - - - - - - - - - O. (Council Member Wishneff was not present when the vote was recorded.) I 1 I 1 423 Council Member Wishneff entered the meeting. ZONING: Pursuant to Resolution No. 25523 adopted by Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of The Roanoke Mental Hygiene Services, Inc., that a tract of land located at 3003 Hollins Road, N. E., identified as Official Tax No. 3140817, and adjacent property identified as Official Tax No. 3140811, be rezoned from RM-l, Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions proffered by the petitioner, for the purpose of constructing a group care facility, halfway house on the properties, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 31, 2006 and Friday, April 7, 2006. The City Planning Commission submitted a written report advising that Roanoke Mental Hygiene Services. Inc., the legal entity that holds property for Blue Ridge Behavioral Healthcare, requests that the properties located on 3003 Hollins Road, N. E., be rezoned from RM-l, Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District, with conditions, for the purpose of constructing a group care facility, halfway house. The Planning Commission recommended Council approve the request for rezoning inasmuch as the petition, with condition, furthers the purposes of the City's Comprehensive Plan and Zoning Ordinance. Council Member Dowe offered the following ordinance: (#37368-041706) AN ORDINANCE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 258.) Council Member Dowe moved the adoption of Ordinance No. 37368- 041706. The motion was seconded by Vice-Mayor Fitzpatrick. 424 S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, 1 appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing: whereupon, the following persons addressed the Council. Ms. Candace R. Williams, 1929 Dupree Street, N. W., inquired if there are plans to widen the access road leading to the proposed facility; whereupon, Jack Ellenwood, representing Engineering Concepts, advised that a deed of easement allows for access across the right-of-way at Hollins Road to the property in question, a new entrance location plan has been completed where access will be improved with a turn lane, and a traffic study has been filled with the City's Transportation Engineer for review. He stated that there are no plans to improve the existing roadway which will not be the access point for the project. Gail Buruss, representing Blue Ridge Behavioral Healthcare, advised that the facility that is proposed to be sited on Hollins Road is currently located at 801 Shenandoah Avenue, N. W. She stated that the current building does not allow for more structural improvements, while the demand for services has 1 continued to increase. She explained that Shenandoah Recovery Center currently has 30 beds and the proposed new site will accommodate 40 beds, the same services will be provided at the Hollins Road site, and the facility will be safe, secure and serve as a good neighbor to residents of the area. Rick Seidell, Director of Clinical Programs, Carilion Behavioral Health and Carilion Health System, advised that the Roanoke Valley has considerably more need for resources than currently exists to support citizens with mental illness and substance abuse issues. He further advised that in his daily responsibilities, he routinely deals with the consequences of these limited resources, the back up in Carilion's emergency room, the time it takes to receive inpatient care, and the difficulty in transferring patients to the State system and successfully returning those persons to the community. He explained that most of the demand for inpatient services and psychiatric services at Carilion involve residents of the City of Roanoke; inpatient resources for persons in need of acute and crisis care are often strained due to 1 1 1 1 425 insufficient capacity at not only Carilion, but at Lewis Gale and Catawba Hospitals; and the Shenandoah Recovery Center, operated by Blue Ridge Behavioral Healthcare, helps to ease the strain by providing crisis stabilization services, detoxification and substance abuse care. He stated that insufficient space and other facility limitations at the Shenandoah Recovery Center have increased the demand for inpatient care and further backs up the system; and some persons currently in the Carilion system who receive acute level 24 hour a day nursing care could be provided with safe and effective care at the Shenandoah Recovery Center. He added that the Hollins Road property will provide a convenient and accessible location for the new Shenandoah Recovery Center, and would have minimal impact on the residential area; therefore, he requested that Council vote in favor of the rezoning. Ms. Margaret L. Haven, 4629 Long Acre Drive, N. E., spoke in support of the rezoning. She commended Blue Ridge Behavioral Healthcare on the manner in which they maintain their properties and the steps they have taken to ensure the safety of neighborhoods. There being no further speakers, the Mayor declared the public hearing closed. As a result of questions raised by Council Members, it was advised that 40 persons can be accommodated at the proposed facility; the Cities of Roanoke and Salem and the Counties of Roanoke, Botetourt and Craig are served by the facility: the existing building will establish the architectural character for development of the property; the exterior of the building will be restored to its original condition; an addition that is not consistent with the original design will be removed, and the interior of the building will be renovated to provide general support facilities for the entire complex as the facility is developed out: the intent is to link a new building with the existing two story building, and a two story addition is envisioned with an elevator and an atrium to separate the two buildings, which will provide the flexibility to build at all levels; the first phase of development includes construction of a facility for the Shenandoah Recovery Center, which is a 24/7 sub-acute care facility that will be separate from the Feller's home which is the 1882 structure; and the Feller's home will be stabilized, the ground floor will be renovated for meeting rooms, and no 24/7 activities are envisioned for that portion of the building. 426 There being no further discussion by Council Members, Ordinance No. 37368-041706 was adopted by the following vote: I AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi sh neff and Mayor Harri Smmmmn_mmmmmu____h_nmmmm_nmm_m__mmm 7. NAYS: No n e _nnnnnnn_mn__m_m - - mnUUU___n__nn_nnn_n__nnn_m mnm U U - O. ZONING: Pursuant to Resolution No. 25523 adopted by Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Covenant Presbyterian Church to amend the INPUD, Institutional Planned Unit Development District, to include a development plan for property located at 1831 Deyerle Road, S. W., Official Tax No. 5070410, to allow for construction of a new addition on the property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 31, 2006 and Friday, April 7, 2006. The City Planning Commission submitted a written report advising that Covenant Presbyterian Church requests an amendment to the INPUD District to include a development plan for a one-story, 8,930 square foot addition to be constructed on the west side of the existing building on a portion of the current off-street parking area. 1 The Planning Commission recommended approval of the request inasmuch as the petition to amend the INPUD, Institutional Planned Unit Development District to include a development plan, with a proffered condition, is consistent with the City's Comprehensive Plan. Vice-Mayor Fitzpatrick offered the following ordinance: (#37369-041706) AN ORDINANCE to amend §§36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the INPUD, Institutional Planned Unit Development District, to include as conditions a proffered development plan and elevation plans for property located at 1831 Deyerle Road, S. W., Official Tax No. 5070410; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 260.) 1 1 I I 427 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37369- 041706. The motion was seconded by Council Member Dowe. C. John Renick, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No.3 7369-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wis h neff and Mayor Harris_____u__u_umm_mmm_mmnmmmum_m_______oo___n____n7. NAYS: Non e ___0000_00000000_____000000______00_0000__0000___ un_m - - mm m mum mu_muuO. .T AXES:_..Pursuant to instructions by the Council, the CitY.Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Straight Street Roanoke Valley, Inc., a non-profit organization, for exemption from local real estate taxation of real property located at 333 Luck Avenue, S. W., Official Tax No. 1012020, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 7, 2006. The City Manager submitted a communication advising that Straight Street Roanoke Valley, Inc., owns property described as Official Tax No. 1012020, located at 333 Luck Avenue. S. W.: the primary purpose of Straight Street Roanoke Valley, Inc., is to serve youth, children and families in the community: programs include a drop-in center, after-school program, mentoring for children of inmates through Prison Fellowship, ladies support group, and other programs that assist families in crisis, or with a teenager in trouble; and annual taxes due for fiscal year 2005-2006 on the above referenced parcel of land totals $5,935.00 on an assessed value of $490,500.00. 428 It was further advised that on May 19, 2003, Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City of Roanoke, pursuant to Resolution No. 36331-051903, effective January 1, 2003; Straight Street Roanoke Valley, Inc., has provided the necessary information required prior to April 15, 2006, which is the deadline for applications for exemptions that would take effect on July 1, 2006: and according to the Office of the Commissioner of the Revenue, the loss of revenue to the City will be $4,748.00 annually after a 20 per cent service charge is levied by the City in lieu of real estate taxes or $1,187.00. It was explained that the Commissioner of the Revenue has determined that the organization is currently not exempt from paying real estate taxes on the property by classification or designation under the Code of Virginia: and the IRS recognizes Straight Street Roanoke Valley as a 501 (c)3 tax-exempt organization. The City Manager recommended that Council authorize Straight Street Roanoke Valley, Inc., to be exempt from real estate property taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective July 1, 2006, for property described as Official Tax No. 1012020, located at 333 Luck Avenue, S. W., City of Roanoke, if the organization agrees to pay the above referenced service charge by that date. Council Member Dowe offered the following ordinance: (#37370-041706) AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Straight Street Roanoke Valley, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 261.) Council Member Dowe moved the adoption of Ordinance No. 37370- 041706. The motion was seconded by Council Member McDaniel. Keith Farmer, Director, Straight Street Roanoke Valley, Inc., appeared before Council in support of the request. I I I 1 1 1 429 The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No.3 73 70-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harrisn_mn_nn__uummu___________mnnn_h____u___mm_mnmm 7. NAYS: Non e - --- u u 00 _m ____ mn_nmnnn_n__UmnU U m_uu________nnnnnnnmn_uO. TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Blue Ridge Gospel Outreach, Inc., a non-profit organization, for exemption from local real estate taxation of real property located at 9 Salem Avenue, S. W., described as Official . Tax NO.1 01 0512, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 7, 2006. The City Manager submitted a communication advising that Blue Ridge Gospel Outreach, Inc., owns property described as Official Tax No.1 01 0512, located at 9 Salem Avenue, S. W.; the primary purpose of Blue Ridge Gospel Outreach Inc., is to serve the poor, drug addicts, and those in need of a change in lifestyle by providing counseling services through regular religious services and charitable and educational experiences; and annual taxes due for fiscal year 2005-2006 on the above referenced parcel of land totals $ 777 .00 on an assessed value of $64,200.00. It was further advised that on May 19, 2003, Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City of Roanoke, pursuant to Resolution No. 36331-051903, effective January 1,2003; and Blue Ridge Gospel Outreach, Inc., has provided the necessary information required prior to April 15, 2006, which is the deadline for applications for exemptions that would take effect on July 1, 2006. 430 It was explained that according to the Office of the Commissioner of the 1 Revenue, the loss of revenue to the City will be 5622.00 annually after a 20 per cent service charge, or $155.00, is levied by the City in lieu of real estate taxes; and the Commissioner of the Revenue has determined that the organization is currently not exempt from paying real estate taxes on the above referenced property by classification or designation under the Code of Virginia; and the IRS recognizes Blue Ridge Gospel Outreach, Inc., as a 501 (c)3 tax- exempt organization. The City Manager recommended that Council authorize Blue Ridge Gospel Outreach, Inc., to be exempt from real estate property taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective July 1, 2006, for property described as Official Tax NO.1 01 0512, located at 9 Salem Avenue, S. W., City of Roanoke, if the organization agrees to pay the subject service charge by that date. Council Member Dowe offered the following ordinance: (#37371-041706) AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Blue Ridge Gospel Outreach, Inc.. an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing 1 with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 264.) Scott Lyons, President, Blue Ridge Gospel Outreach, Inc., appeared before Council in support of the request. Council Member Dowe moved the adoption of Ordinance No. 37371- 041706. The motion was seconded by Vice-Mayor Fitzpatrick. The Mayor inquired if there were persons present who would like to speak in connection with the request. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No.3 73 71-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wi sh neff and Mayor Harri S______n_nn_________________n___n__mumumum_____________nnn_7. NAYS: Nonem__nnn______muuuummmmnnnu_umoo_nnn_nnunu_m__u__mooO. I 1 I 1 431 ZONING: Pursuant to Resolution No. 25523, adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m.. or as soon thereafter as the matter may be heard, on the request of Marcus O. Brown, Sr., that a portion of a tract of land located on Viewmont Street, N. W., identified as Official Tax No. 2660514, be rezoned from R5, Residential Single Family District, to CG, Commercial General District, for the purpose of a used motor vehicle sale and service establishment, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 31, 2006 and Friday April 7, 2006. A report of the City Planning Commission advising that the petitioner filed a petition with the City in August 2002, to rezone the entire portion of the subject property from RS-3, Residential Single-Family District, to C-2, General Commercial District; however, the petitioner withdrew the petition at the August 15, 2002, City Planning Commission meeting; as a part of the comprehensive rezoning adopted by Council on December 5, 2005, the subject property is_now zoned R-5, Residential Single-Family District: and the petitioner requests that a 3,172.9 square foot portion of the property be rezoned from R-5 to CG, Commercial-General District, to permit used motor vehicle sales on the adjoining property, which is zoned CG, Commercial-General District. It was further advised that by a vote of 3-4, a motion to rezone failed, therefore, the City Planning Commission does not recommend approval of the request. It was noted that a majority of the Planning Commission found that the petition to rezone the subject property from R-5, Residential Single-Family District, to CG, Commercial-General District, did not further the purposes of the City's Comprehensive Plan, the FairlandfVilla Heights Neighborhood Plan, or the Zoning Ordinance. Vice-Mayor Fitzpatrick offered the following ordinance: (#37372-041706) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to proffered conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 266.) 432 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37372- 041706. The motion was seconded by Council Member Dowe. I Marcus O. Brown, Sr., petitioner, appeared before Council in support of the request for rezoning. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing; whereupon, the following persons addressed the Council: The Reverend Shad rack Brown, Jr., 2229 Mattaponi Drive, N. W., commended his son on efforts to contribute to the economic growth of the City of Roanoke and for setting a positive example for other young people. He . stated that many of Roanoke's young people are leaving the City due to the lack of job opportunities and the means to provide for their families: therefore, the petitioner should be commended for providing an opportunity for additional employment. Mr. Herbert Coles;-91 7 Viewmont Street, N. W., advised that the petitioner is to be commended for his efforts to raise the City's tax base and to offer job opportunities: however, residents are concerned about lighting issues from the I establishment that will not be conducive to a family setting in a residential neighborhood; and the view from the top of the hill at Viewmont Street could become an eyesore if not properly maintained and could have an adverse affect on residential property values. He expressed concern with regard to how access to the rear of the property will affect traffic on Viewmont Street; and the encroachment of businesses further up Viewmont Street which will also depreciate property values. Ms. Renee Coles, 917 Viewmont Street, N. W., expressed concern with regard to the encroachment of businesses into a residential neighborhood. She stated that she lives directly across the street from the used car business and if the petitioner is willing to construct a home in the area proposed to be rezoned, she would support the request for rezoning. She added that she could support the Melrose Avenue portion of the request, but spoke against the rezoning of property on Viewmont Street. There being no further speakers, the Mayor declared the public hearing closed. 1 1 I 1 ,I ~ ' '. , . ..'.::":, : r¡', 433 !,. 1:.';"/ " Council Member Lea requested clarification with regard to the additional 15 feet of property proposed to be rezoned; whereupon, Mr. Townsend advised that the property that fronts on Melrose Avenue was zoned commercial prior to the December 5, 2005, mass rezoning of the City and remained commercial; however, in order to operate a used car establishment, total square footage of 15,000 square feet on the lot is required and without the additional 15 feet, the lot which is currently zoned commercial is short of meeting the requirement. He stated that the petitioner has proffered that the additional 15 feet will be used solely for the purpose of landscaping which must be completed within six months of adoption of the proposed zoning change, and all access to the property must come from curb cuts that are currently in place on either Viewmont Avenue or Melrose Avenue, but no additional access could occur to the rear of the property. He added that the lot in question contains 100 feet fronting on Viewmont Avenue, if the 15 feet closest to Melrose Avenue were rezoned conditionally to commercial, it would leave approximately 85 feet of remaining frontage that is currently zoned residential; the area is classified as an R-5 zoning district which means that the lot can contain no less than 50 feet of frontage, therefore, the lot could not be subdivided and would have to be used for a house inasmuch as it contains only 85 feet. He stated that because the zoning petition applies to only 15 feet, conditions can be applied to the 15 feet of property, and not to other property that will remain residential. He advised that the remaining 85· feet of property facing Viewmont Avenue will continue to be zoned residential and the only thing the petitioner could do with the property would be to construct a single-family house, vehicles could not be parked on the property, nor could the property be used for any purpose relating to the used car business fronting on Melrose Avenue. He explained that a condition could not be added to the petition for rezoning to compel the petitioner to construct a single-family home on the remaining piece of property within a certain timeframe. Upon question by a Member of Council, Mr. Brown advised that he understands the concerns of his neighbors and would not construct anything commercial on the residential lot. Council Member Cutler inquired about the type of trees that will be planted as a part of the proffer relating to landscaping; whereupon, Mr. Townsend advised that rezoning of the 15 feet requires the planting of evergreen trees along the edge of the property and it will be the decision of the petitioner as to which species of evergreen trees will be planted. 434 Question was raised with regard to measure(s) to ensure that 1 landscaping/vegetation will be well established and properly maintained; whereupon, Mr. Townsend advised that because landscaping is a proffered condition, the petitioner will be required to establish, maintain and replace landscaping/vegetation as necessary. Question was raised with regard to lighting; whereupon, Mr. Townsend advised that with adoption of the new' zoning ordinance in December 2005, outdoor lighting standards will prohibit any outdoor lighting in the 15 foot buffer, and any new light fixture(s) must conform with aiming angles and other provisions of the new zoning ordinance. He stated that any lighting currently on the building, or on the site, will be grandfathered and could remain in place. Following further discussion, Vice-Mayor Fitzpatrick advised that his concern will be alleviated with the 15 foot buffer area, along with trees that will be planted in such a manner that there could be no storage of vehicles which would address the major concerns expre'ssed by Mr. and Mrs. Coles. He stated that it will be up to residents of the area to address concerns regarding that portion of the property that is not-subject to the proffered condition. There being no further questions or comments by Council Members, I Ordinance No. 37372-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff and Mayor Harrismmum__m___mh_nnm_mn_mmmm_mmmm_mm__m_7. NAYS: No n e nm 00_0000 mnnnn_mnmnUUh_mnn__uu__uuu_u_u_m unu 00 00 _unnO. LIBRARIES-ARMORY /ST ADIUM-BONDS/BOND ISSUES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to appropriate certain remaining bond funds to a capital account for the purpose of renovating or constructing new library facilities in the City, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, April 3, 2006 and Wednesday, April 12, 2006. 1 1 1 I 435 . ~ ";:¡ (':":> . ~\;:;!. :': The City Manager submitted a cornrllunication advising that on March 6, 2006, pursuant to Ordinance No. 37316-030606, Council authorized the appropriation of $4.1 million for the pâtFick Henry High School Stadium Project from the Stadium/Amphitheater Project account; an additional $4.1 million is recommended for reallocation from the Stadium/Amphitheater Project account for a stadium at William Fleming High School; and on March 15, 2006, the Mayor requested concurrence by Council in the scheduling and advertiSing of a public hearing for Monday, April 17, 2006, to reallocate certain remaining 2002A general obligation bond funds into a capital account for the purpose of renovating or constructing new library facilities in the City. It was further advised that on December 19, 2005, Council approved the Roanoke Comprehensive Library Study to become a part of Vision 2001-2020, the City's Comprehensive Plan; the Library Study recommends a three phase delivery system of neighborhood, full service and resource centers that will bring a depth of collections, services and collections, staffing, technology and programs: Phase I has a total projected cost of $15.4 million and consists of building a new full service branch, renovation of an existing branch and a stand alone kiosk branch; and Series 2002A bond funds of $5,590,000.00 are available in the Stadium/Amphitheater Project account for reallocation. Following the public hearing and if it is the desire of Council, the City Manager recommended that Council adopt a resolution to authorize reallocation of Series 2002A bond funds for Library Projects; adopt an ordinance to reallocate funding in the amount of $5,590,000_00 from the Stadium/Amphitheater Project, Account No. 008-530-9758-9076, to an account to be established by the Director of Finance in the Capital Projects Funds, entitled Library Facilities Project. Council Member Dowe offered the following resolution: (#37373-041706) A RESOLUTION of the City Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds in the principal amount of $31,245,000.00 authorized for issuance under Resolution No. 35489-080601 and the General Obligation Public Improvement Bonds of the City in the principal amount of $830,000.00 authorized for issuance under Resolution No. 35736-012202. (For full text of resolution, see Resolution Book No. 70, Page 268.) 436 Council Member Dowe moved the adoption of Resolution No. 37373- 041706. 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 public hearing; whereupon, the following persons addressed the Council. Joyce Waugh, representing the Roanoke Regional Chamber of Commerce and its 1,400 members expressed support with regard to the recommendations contained in the Library Comprehensive Study, and encouraged action on the first phase of the study which includes a much needed investment for new or renovated Library facilities. She stated that the Library Study made a lot of good points, including the fact that libraries are an integral part of communities, and in order to have top tier libraries, investments are needed; quality of life issues continue to weigh heavily on the decision making process of employers and employees, and amenities such as libraries play an important role in determining where entrepreneurs will live. She stated that a specific threshold of quality is required of a library system to add vibrancy to the region's economy: therefore, the Chamber of Commerce supports a regional library system, and any investments that are made in the Roanoke City Public Library system will enhance the entire Roanoke Valley library system. Michael Ramsey spoke on behalf of the Roanoke Public Library Foundation, the Roanoke Public Library Advisory Board, and Friends of the Library, in support of funding for the Roanoke Public Library. He stated that last year, Roanoke's library consultants completed a comprehensive study of public library facilities in Roanoke City and Roanoke County; and the Library Study was a thoughtful process that was conducted over a two year period, involving a large number of citizens and library users from every part of the City, representing a demographic and economic cross section of the community. He explained that among the findings of the Library Study was the recognition of decades of neglect, and a need to make major improvements in facilities and service delivery methods in Roanoke's public library system. He stated that noting that this valuable public resource had been ignored and under funded for several decades, the consultant recommended a plan to build new libraries, renovate existing structures, and find non-traditional means of disseminating library services; and proposed expenditures included recommendations for capital expenditures that will allow libraries to expand services with a modest increase in staff size. He noted that in the past year, there has been a dramatic increase in the use of public libraries, with general visitation increasing 15 per cent, the number of patrons attending library programs increasing 43 per cent, computer use by patrons increasing 82 per cent, and summer reading program attendance increasing 94 per cent. He advised that reading comprehension and reasoning skills are crucial to 1 1 1 1 I I 437 ,..::!!; .~ >\~..<.,( ~/.l ' 1~ . ::~ " increasing standards of learning· performance· in the schools; these skills, combined with a love of learning, are. best learned at an early age; public libraries have long been the place where young people are introduced to the skills and the mindset that will foster success throughout life; and early readers make early learners and early learners are more likely to perform at a higher level in school and throughout life. He stated 'that often referred to as the "peoples' university", the public library offers opportunities for lifelong learning, improvement of job related skills, and a place for public assembly that fosters a stronger community; and the public library is a valuable public asset that needs to be nurtured through a carefully planned inclusive study process. He added that the 380,000 visits to Roanoke Valley libraries last year demonstrates that the citizenry wants better libraries; therefore, the intention of Roanoke City Council to provide funding to improve a long neglected community asset, the public library system, is applauded. Mr. John R. Graybill, 2443 Tillett Road, S. W., advised that his career was devoted to education, therefore, he has a fondness for libraries; however, he expressed concern with regard to the procedure. He stated that the issue is not about libraries, but about Victory Stadium and the fact that the City of Roanoke has neglected.its responsibility to maintain the stadium which was given to the City by Norfolk and Western Railway with the caveat that the City would properly maintain the facility. He added that students from Roanoke's two high schools currently have no place to play football: and past and present City Councils have failed in their duty to provide oversight of a School Board that has allowed all of the beautiful buildings at Patrick Henry High School to be demolished in favor of construction of a new $35 million school building, followed by another $4.1 million to construct a stadium on school grounds. He stated that there has been no community input with regard to the Library Study, therefore, many citizens of Roanoke have lost faith and trust in the Members of City Council. Almena R. Hughes, 3156 Linwood Road, N. W., past President of Melrose Branch Friends of the Library, advised that the library system is the barometer of a locality's vitality and provides a lifeline to the community. She stated that the City of Roanoke should invest funds to improve its library system in order for the City to continue in its efforts to move forward. 438 Ms. Martha Williams, 3758 Red Fox Lane, N. W., spoke not only in support of the library, but in support of the overall issue of learning in the Roanoke Valley. She stated that she has serious questions about the value of learning in the City of Roanoke, which is reflected in the City's library system, and pointed out that when she left the Roanoke Valley in 1978 and returned in 2002, Roanoke's libraries were basically the same. She further stated that this is frightening because it is a reflection on not just the people of the community, but on the value and importance of learning. She advised that there must be a commitment to learning, not only in the public libraries, but in the school system, because libraries are critical for those persons who do not have access to the public education system. She asked that Council move forward with funding to improve the Roanoke Public Library system. Mr. Norbert Weckstein, 2602 Wilshire Avenue, S. W., discussed the following figures: $13.7 million remains of the original amount that was budgeted for the stadium, the Mayor is proposing that $8.2 million be used for high school stadia, or $4.1 million each, and that the remaining 55.5 million be transferred to the Library Fund, however, no funds are allocated for the demolition of Victory Stadium. He stated that the $4.1 million estimate for each high school sports facility is unrealistically low, there are no approved plans for the high school stadia, and no independent cost study was conducted. He called attention to an independent national study on file at the Roanoke Public Library which projects that the estimated cost of a 3,000 seat new stadium is $2,200.00 per seat, or $6.6 million per stadium, or a total of $13.2 million for both high school stadia, and an updated version of the study which addresses all recommended improvements, increases the cost to $3,300.00 per seat, or $9.9 million per stadium. He added that the more realistic cost projection would completely wipe out the $13.7 million that remains in the stadium budget, and would require additional funds for the demolition and/or renovation of the Victory Stadium site. He advised that if Council is serious about building any stadium, it appears to be extremely short sited and unbusinesslike to transfer funds from the stadium budget prior to better defining stadium construction costs. He stated that although he supports Roanoke's libraries, libraries should be addressed as a separate issue. Mr. Winfred D. Noell, 2743 Northview Drive, S. W., advised that in the past, whenever money was needed, funding was addressed as a part of the City's overall budget process. He stated that he supports Roanoke's libraries, but does not favor the construction of libraries at the expense of other citizens in the Roanoke Valley who favor the renovation of Victory Stadium. He questioned the legality of transferring funds from bonds that were sold to 1 1 1 1 1 I . ... , ; ¡:¡:: :t. .~:; :: \~~, 439 ,.... . ,(,{::' .:.',: ,:,"' renovate Victory Stadium, or to construc~ a new stadium. He stated that the citizens of Roanoke are being pitted ¡:¡gainst each other; i.e.: library patrons versus stadium patrons, which is not healthy for the Roanoke Valley; therefore, he objected to transferring money out of the stadium fund for library improvements. Mr. Richard Kepley, 550 Kepplewood Road, S. W., advised that all citizens favor renovated libraries; however, the issue appears to be politically motivated when the decision is to be made just two weeks before a Councilmanic election. He read from a newspaper article stating that the City of Roanoke owes $250 million in debt which is $2,600.00 per resident. and inquired as to the funding source to construct the athletic field at William Fleming High School. He expressed concern that it was recently reported that another $4 million will be needed for construction of Patrick Henry High School which started out at $36 million, then went to $46 million, then $48 million, and currently an additional $4 million is proposed. He stated that spending in the City of Roanoke is out of control, and the City's $250 million debt needs to be paid off before the City commits to the funding of other projects. He suggested that the funds not be . transferred to the library account and that any excess funds be used toward paying off the City's $250 million debt, especially in view of the future construction of William Fleming High School and Water Pollution Control Plant expenditures, etc. Mr. Mark C. McConnel, 532 Linden Street, S. W., advised that having studied libraries for the past 19 years, it is economically and educationally vital to a community to offer a current and up to date library system, second only to schools. He stated that he supports the funding of the $30 million of recommendations made by the library consultant and, over the next five years, Council should develop a creative plan to fully fund each recommendation contained in the Library study. He pointed out that the library is an information transfer center, not just a warehouse for books; however, in order to be successful, all citizens of Roanoke must be supportive of funding for library improvements and not be made to feel that they have been robbed of funds that were intended for the stadium. He encouraged Council to develop a complete funding scenario for Roanoke's libraries, and that Council not continue to dismember the City's budget and the community. Mr. Robert N. Richert, 415 Allison Avenue, S. W., spoke in support of capital investment in Roanoke's libraries. He stated that speaking from the standpoint of a citizen who spends considerable time in libraries all across the country, Roanoke's library system is not the worst, but it does not stand out as 440 the best in terms of infrastructure services. He added that the Virginia Room is second to none in the country for friendliness, availability, and assistance in 1 genealogical research, but additional investment is needed by the City. He asked that Council support Roanoke's public libraries through the transfer of resources, followed by additional resources in the future to build a library system that the citizens of Roanoke can be proud of. Mr. Robert D. Gravely, 727 29th Street, N. W., expressed concern with regard to the spending of taxpayers' money for high school stadia, library improvements, and a consultants report regarding Victory Stadium. He stated that library improvements should be funded through the school budget. He advised that reducing the City's real estate tax rate will not help some citizens of Roanoke because they cannot afford to purchase a house on today's wages; the City's infrastructure is not properly maintained; the City's crime rate is at an all time high; many citizens are leaving Roanoke and moving to other localities; and the City of Roanoke's economic development efforts are lacking. There being no further speakers, the Mayor declared the public hearing closed. Council Member Lea advised that he has supported libraries and will continue to support libraries, but tonight there is a difference of opinion, not 1 about the library itself, but about funds and the funding source. He added that he understands the critical need for libraries and the role that life long learning plays in a community. He stated that he has been a staunch supporter of the Western Virginia Education Classic College Football Game, which has brought over 500 young men and women back to school, but the game will be a thing of the past with the apparent loss of Victory Stadium. He advised that he will not support the ordinance to transfer funds, not because he is opposed to libraries, but because he is opposed to the source of funding. Council Member Wishneff advised that he also supports libraries, but he could not support transferring funds from the stadium account to the library account. He called attention to a recent newspaper article which stated that 35 per cent of the public is of the opinion that Roanoke's schools are lacking which can be related to priorities established by the School Board. He advised that the mental heath of a community is tied to its memories and it was unfortunate that Roanoke's newspaper and editorial staff and some Council candidates have criticized senior citizens and veterans who have expressed nostalgia about Victory Stadium. 1 I 1 1 , ::¡. ·'?'''~''.'.'1I..,.,..:.:-" '. , . ;...'.~:.lt,.·;;;·; ~ i ;,: . ;: : "..... 441 '1. ,~ .' IiI..: '. ~ Council Member Dowe advised that Roanoke has become crippled as a community, with good ideas, nobleness of intentions, and nobility of thought to the point of doing nothing. He stated that the funds in question will come from the Orange Avenue site which is no longer an issue; the current administration takes on the onus of all past administrations, regardless of whether they made good or poor decisions; and someone .must have the courage to move on because logically speaking there will never be anything that everyone agrees on at the same time. Vice-Mayor Fitzpatrick advised that the City of Roanoke is relatively low in debt when compared to most communities of its size in the United States and particularly in the Commonwealth of Virginia. With regard to Victory Stadium, he stated that a considerable amount of time was devoted to discussing the return on investment, and no available data provides any indication that there will be a return on investment on a stadium, as opposed to a positive rate of return on investment in a library. He stated that approximately 380,000 citizens visited the Roanoke Public Libraries last year, compared to a total attendance at athletic events at Victory Stadium of about 10,000 persons. He further- .stated that a stadium cannot be built for less than $20 million; therefore, the City is saving a significant amount of dollars by constructing two athletic fields at $8.2, or a savings of $10 - $12 million, for Roanoke's taxpayers, part of which is proposed to be transferred to libraries. He advised that a stadium cannot be compared with a library because the future economic benefit of the Roanoke Valley will not be based on Victory Stadium, but on libraries and schools: and it is difficult to make a decision when there is acrimony on the Council and acrimony in the community, but the bottom line is that someone must make a decision and move on. He stated that he intended to vote in favor of the ordinance because it is incumbent upon Council to make long range decisions that will have an impact on the City of Roanoke. He applauded the Members of Council who want to move Roanoke forward and those citizens who are supportive of Council's efforts and asked that citizens bear with the Members of Council as they try to do what is the right thing for the City of Roanoke and the Roanoke Valley. The Mayor advised that the current Council will remain in office until June 30, 2006, and will continue to conduct the business of the City of Roanoke. He stated that the City has limited resources and Council is charged with the responsibility of making the best decisions to allow Roanoke to move forward and to maximize tax dollars. He further stated that the City has, at its disposal, essentially $15 million from a defunct stadium/amphitheater project; the majority of the Council has chosen over the past several meetings to do a number of things with the money; i.e.: $4.1 million to Patrick Henry High School for an on campus stadium, $4.1 million was appropriated earlier in the meeting for an on campus stadium at William Fleming High School, and 442 approximately $5.6 million is proposed for library improvements. He added 1 that the present Council inherited the library system as the system exists today; the current Council received the Library Study that showed the needs and the state of condition of Roanoke's public library system; and it is appropriate that the present Council take an initial step to begin to fiscally implement the solution. There being no questions or comments by Council Members, Resolution No.3 73 73-041706 was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and Mayor H a r ri s - -- - - 00 - - - - - - - - ---- 00 - 00 - - - - - - 00 _ _ _ - - - -- -00- - - _ _ _ - - - - - - U -00- - - - - - - 00 - - - - - - - - - noon - - - - -- 00 - - - - - - - - - - - - _u - 5 . NAYS: Council Members Lea and Wishneffmmmu-hmnmm-mm-mumm2. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37374-041706) AN ORDINANCE to reallocate general obligation bond proceeds to the Library Facilities 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. 70, Page 270.) 1 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37374- 041706. The motion was seconded by Council Member Dowe and adopted by the follOWing vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and Mayor H a r r i s 00 - - - - - - - noon - - - - - - _ -- --- - - - - - - - - - - - - - - - - - - - - -- 0000 00 - - - - - - - - 00 - - - - - - u_n U -- - - -- 0000 - - - - - - - - - - - - - - __u_ - 5 . NAYS: Council Members Lea and Wishneffmmm-n------mm--n-mm-mnm2. 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. 1 1 1 1 .'. .A .'. '. .....f..,. ' . :'. .<; ¡ .. 443 ,.: , " ,:., . SCHOOLS: Ms. Barbara Martinet; 823 Orchard Road, S. W., presented information which was downloaded from a website that is administered by the Virginia Department of Education with regard to graduation statistics in the City of Roanoke. She referred to charts that are available to every realtor in the area, and advised that the numbers, especially graduation numbers, are alarming. She stated that the new Superintendent of Schools in quoting from Virginia Department of Education numbers stated that there was an 80 per cent graduation rate last year, including students graduating with a GED; and speaking as a volunteer tutor for 15 years, she advised that students of Roanoke City deserve better. She pointed out that in 1996 and 1997, 63 per cent of ninth graders graduated and 62 per cent received diplomas; last year, according to the Superintendent of Schools, 58 per cent graduated, but only 48 per cent received diplomas, special education students took a serious upward tuin, and only 43 per cent of ninth grade students received a standard or advanced diploma. She referred to another chart including 20 of the largest public school systems in the Commonwealth of Virginia; when computing the ratio of schools accredited to the total number of schools operated by the locality, Roanoke's school system ranked last in the 20 schools, with 12 out of --29 public schools fully accredited; and of the 132 public school systems in the Commonwealth of Virginia, the City of Roanoke has more public schools that are not fully accredited than any other school division in the Commonwealth of Virginia. COMPLAINTS: Mr. Tony Hairston, 1263 Tayloe Avenue, S. E., expressed concern with regard to the overall management of the City of Roanoke. He advised that the youth of Roanoke City deserve a stadium and the City should reevaluate its spending priorities. COMPLAINTS-CITY EMPLOYEES: Mr. Robert E. Gravely, 727 29th Street, N. W., expressed concern with regard to insufficient wages paid to City employees and advised that the average City worker cannot afford to purchase a house using today's wages. He referred to houses on Gilmer Avenue that sell for $80,000.00 to $90,000.00, and advised that the average City employee cannot afford to purchase a house in this price range. He questioned why the City continues to construct new homes for low income persons when the average pay scale is not high enough for the average worker to purchase a house. 444 ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, advised that very little money has been spent by the City on the maintenance of Victory Stadium since 1995. He referred to an agreement between the City of Roanoke and Norfolk and Western Railway which stipulated that the City would maintain Victory Stadium for stadium/armory and park purposes. He stated that Victory Stadium does not belong to the City of Roanoke, but to the taxpayers and questioned the legality of transferring funds from the stadium account for library purposes, therefore, the question should be submitted to Roanoke's taxpayers for approval. Instead of constructing an athletic field at Patrick Henry High School, he suggested that Victory Stadium be renovated and that an athletic field be constructed at William Fleming High School where there is sufficient land and minimal expense other than the cost of bleachers. He further suggested that the National Guard Armory be converted to a sports hall of fame and a memorial to public safety employees, and that there be one large stadium to meet the needs of all citizens of Roanoke which would generate revenue to the City if the facility is properly marketed. At 9:40 p.m., the Mayor declared the Council meeting in recess until Thursday, April 27, 2006, 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 which time the Council will conduct a public hearing on the proposed 2006-2007 Fiscal year Budget for the City of Roanoke, HUD Funding Budget and Real Estate and Cigarette Tax Rates. The regular meeting of the Roanoke City Council, which was called to order on Monday, April 17, 2006, at 2:00 p.m., reconvened on Thursday, April 27, 2006, 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, with Mayor C. Nelson Harris presiding for the purpose of conducting a public hearing on the proposed 2006-2007 Fiscal year Budget for the City of Roanoke, HUD Funding Budget and Real Estate and Cigarette Tax Rates. PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Ne I so n Harri S_____nn__n_nm __00 m____________n_m m_n____n..nn_____ 00 m_____________nnnn___6. ABSENT: Council Member Sherman P. Leamm_..n__mmm____m___mnm__m 1. The Mayor declared the existence of a quorum. 1 1 I 1 '1 1 '·(";r:~i:)f'· '~'.:~" '··~:~í:· .~, 445 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 b~::Marior Harris. The Pledge of Allegiance to the Flag of thè United States of America was led by Mayor Harris. ' ., . The Mayor advised that the purpose of the meeting was to conduct public hearings on the recommended fiscal year 2006-2007 City budget, totaling $239,607,000.00, an increase of 7.1 per cent over fiscal year 2005-2006; the City's 2006-2007 HUD funding budget, in the amount of $3,730,478.00; and an increase in the cigarette tax from $.0135 per cigarette to $.027 per cigarette, or an additional $.27 which will generate an additional $1,520,000.00 in revenue to the City, effective July 1, 2006. BUDGET: The City Clerk having advertised a public hearing for Thursday, -April 27, 2006, at 7:00·p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the City's Recommended 2006- 2007 fiscal year budget, totaling $239,607,000.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on April 18, 2006. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor advised that 11 persons had signed up speak; therefore, each speaker would be allotted three minutes. Roger Elmore, incoming President of the Roanoke Valley Convention and Visitor's Bureau (RVCVB), expressed appreciation for past support by the City of Roanoke to the RVCVB. He advised that tourism spending in the Roanoke Valley, which includes the Cities of Roanoke and Salem and the Counties of Roanoke, Franklin and Botetourt, exceed $500 million annually, with $280 million spent in the City of Roanoke; valley wide tax receipts from tourism totaled over $19 million, with City of Roanoke tax receipts representing over $10 million for the year; and Roanoke Valley tourism employs over 7,300 people, with more than 3,600 from the City of Roanoke: and the Roanoke Valley Convention and Visitors Bureau (CVB) Program generated over $57 million in direct spending in fiscal year 2005-2006, or a six per cent increase over the previous year. He stated that Roanoke Valley CVB Programs generate a 48 to 1 return on investment, which is total spending divided by the CVB budget of 446 $1.17 million; and most government projects do not generate a return on investment, however, a conservative estimate demonstrates that Roanoke Valley CVB Programs provide a three to one return on tax dollars on the City of Roanoke's investment in the CVB. He advised that if funding to the RVCVB is decreased, it will cause a reduction in marketing and advertising dollars at a time when the market place is growing more competitive with new products such as the Arts Museum and the Civic Center expansion; and RVCVB successes have been made possible by a hardworking professional staff and a consistent funding source to market the Roanoke Valley. He emphasized that a decrease in funding at this time will cause a reduction in future visitation to the Roanoke Valley: therefore, it is most important that funding from the City of Roanoke remain level as the RVCVB continues to move the Roanoke Valley and the City of Roanoke to a greater place for people to visit and transact business. Susan Jennings, Director of the Arts Council of the Blue Ridge and a member of the Board of Directors, Roanoke Valley Convention and Visitors Bureau, advised that having served on the Board of Directors, the Executive Committee and the Public Relations Committee, she has witnessed the effectiveness and professionalism of the RVCVB staff. She reiterated the remarks of Mr. Elmore regarding the return of investment to the City of Roanoke as a result of funding of the Convention and Visitors Bureau. She discussed the "trickle down" effect that a decrease in funding of the CVB will have on Roanoke's arts and cultural industry, and stated that a survey of major arts and cultural organizations in the Roanoke Valley revealed that Roanoke's arts and cultural industry is in a real crisis, many organizations have drastically cut their marketing budgets and staff, co-op marketing opportunities of the Convention and Visitors Bureau provide a majority of marketing for numerous arts and cultural organizations in order to make various venues and publications more affordable; and with cuts to the Virginia Commission of the Arts and Virginia Tourism budgets, collaborative opportunities are rarely available at the State level, therefore, local organizations must turn to the Convention and Visitors Bureau for assistance. She called· attention to a cooperative effort with the RVCVB referred to as "Backyard Treasures", which is a marketing campaign directed at encouraging citizens within a 100 mile radius of Roanoke to support arts and cultural organizations, which could be in jeopardy if RVCVB funding is cut. Speaking from a non-profit organization perspective, Ms. Jennings advised that she has first hand knowledge with regard to the difficulty of balancing a budget; however, on behalf of the 113 organizations represented by the Arts Council, she urged that Council review the issue, not only because of the rate of return that the City receives on its investment to the CVB, but because of the harm that will be inflicted on many arts and cultural organizations within the Roanoke Valley if RVCVB funding is decreased. 1 1 I 1 1 1 . :: I i ~ ' ¡ f.- I ,'¡ .. ¡ ,.~: . /;" ï .' .' ":'fi ~ 'd·- . , 447 Roy Chambers, President, Roanoke Valley Hospitality Association, representing over 135 lodging, tourism and hospitality establishments in the greater Roanoke Valley, 70 per cent of which are located within the City of Roanoke, advised that the Roanoke Valley Convention and Visitors Bureau markets the hospitality industry from all tourism and hospitality aspects, such as bus tours, sporting groups and other major events. He stated that the rate of investment from the RVCVB to the City of Roanoke is about six to one, and decreasing the budget of the Convention and Visitors Bureau by approximately $60,000.00 is akin to taking $180,000.00 to $360,000.00 out of the City's coffers. Elizabeth Stevens, Member of the Roanoke Valley Hospitality Association, Member of the Roanoke Valley Convention and Visitors Bureau, and Director of the Hospitality and Tourism Program at National College of Business and Technology (NCBT), which is a career division center for tourism hospitality, called attention to the impact of decreased funding to the RVCVB as it relates to the Hospitality and Tourism Program at NCBT. She stated that 7,300 employees in the Roanoke Valley will be affected; and the CVB has a direct impact on the . . quality of education that can be offered through the Hospitality and Tourism Program at NCBT. She stated that funding cuts would not only hurt the economic development of the Roanoke Valley as a whole, but also the Roanoke Valley employment rate. Therefore, she encouraged Council to give careful consideration to the proposed decrease in funding of the RVCVB and to support the marketing efforts of the Convention and Visitors Bureau for the Roanoke Valley as a whole. Ms. Lisa Gabourel, 1131 Grayson Avenue, N. W., spoke with regard to reinstating a request of Total Action Against Poverty for funds for a Technical Assistant pOSition at the Dumas Drama Guild. She stated that the Dumas Drama Guild is the only African-American theater in the region. Angela Penn, Director of Housing and Community Development, Total Action Against Poverty, spoke in support of an application submitted by TAP for an initiative that will provide on-going technical assistance and support for many of Roanoke's recently created and small non-profit organizations, many of whom operate on a volunteer basis. She explained that it is difficult for volunteers to conduct the necessary outreach programming of an organization, in addition to the business and technical aspects of developing and operating a non-profit organization. She added that throughout TAP's 40 year history, it 448 has been instrumental in incubating and replicating significant programs and 1 services; Le.: Legal Aid of Roanoke, RADAR, CHIP, Blue Ridge Housing Development Corporation, Virginia Water Project, Project Discovery, Inner City Athletic Association, The Dumas Drama Guild, Virginia CARES, Southwest Virginia Second Food Harvest Bank, Southwest Virginia Community Development Fund and the Center for Employment and Training. She advised that TAP has requested $19,374.00 from Community Development Block Grant funds to support a program that will' provide much needed services to small and non-profit organizations. Ms. Yolanda Puyana, 5573 Valley Drive, S. W., spoke in support of the request of TAP which will assist the Latino community in establishing a Community Information Referral Center in the City Roanoke. She advised that in the future, it is anticipated that the referral center will offer education, living assistance, health and medical service programs. Mr. Freddie Fuentes, 304 Summit Street, Lexington, Virginia, advised that he has worked with TAP to establish a Hispanic Community Center and emphasized the importance of the Community Information Referral Center as an entity to provide leadership and guidance to a community that is growing at a rate of approximately eight to one versus any other group of persons. He stated that Hispanic people are arriving at a rapid pace, filling the schools at a 1 rate of 322 per cent over the past ten years, versus ten per cent in the Caucasian community and 18 per cent in the African-American community. He explained that there is a significant lack of leadership within the Hispanic community and it is hoped to address the issue through a community center where people will find a sense of community, guidance and information to achieve success in a new locality. He spoke to the national immigration issue and the fact that the Hispanic community is showing the most significant growth by groups who migrate from other locations within the United States due to housing affordability and work opportunities. He stated that the Hispanic group will be an integral part of the community within the next ten to 15 years, leading to a larger student body growth at local universities and educational establishments; therefore, the importance of establishing a community center is emphasized because whether this segment of the population is successful will depend largely on the quality of leadership that is provided. 1 1 1 1 : h:" (: ~ :. :"";;" .' . '" ,. 449 Annette Lewis, Director, Total Action Against Poverty, This Valley Works Program, advised that TAP was told on multiple occasions that its application for CDBG funds, under the economic development category, was not funded because economic development was eliminated as a category for CDBG funding; the reasons that were provided pertained to reductions in funding sustained by HUD and because housing is the City's number one funding priority; however, after submitting a formal appeal, the City referred to deficiencies in TAP's application as a root cause for denial of funding. She stated that if TAP's application was deficient from the beginning, why was the organization not informed earlier, and why was TAP repeatedly told that its application was denied based on funding restrictions, and not based on the merit of the application. She addressed some of the perceived deficiencies by the City in TAP's Forklift Warehouse Operations Training application for CDBG funds; i.e.: (1) the review committee was concerned about TAP's ability to sustain the training program and continued dependence on CDBG funds; however, it was the intent of TAP to request initial CDBG funds as seed money for the first year, then ask for diminished CDBG funding support for the program in the second year and to supplement the program with training accounts and other funds; (2) TAP was rated low in certain areas that were not understandable, such as for not leveraging or combining funds from other sources; and (3) the total budget was $183,000.00 and TAP proposed $ 77 ,091.00 in matching funds, representing 42 per cent of the overall budget. She took issue with an evaluation which indicates that TAP was not addressing a vital community need, TAP's objectives were not clear and measurable, TAP lacked experience, and TAP lacked a satisfactory track record of demonstrating capabilities and performance. She stated that connecting low income City residents to jobs that pay $12.00 to $13.00 per hour with advancement potential is a vital community need and TAP has a long history of providing training for over 37 years which should speak to the effectiveness of the organization. Drew Parsons, Regional Human Resources Manager, Pepsi Bottling Group, advised that the Pepsi Bottling Group is an $11 billion corporation headquartered in Summers, New York, which generates approximately $150 million in revenue sales in western Virginia, and employs 750 persons in western Virginia, 230 of whom are located in the Roanoke area. He stated that Pepsi operates eight locations in western Virginia, two manufacturing facilities and six distribution facilities and manufactures and distributes over 300 different types of liquid refreshment. He explained that the Roanoke warehouse employs 40 - 50 employees, all of whom are skilled operators who are forklift certified and earn approximately $35,000.00 per year; and Pepsi Bottling Group enlisted the services of TAP, as opposed to using its normal staffing procedures, to provide an opportunity for low or no income citizens from downtown Roanoke to develop a skill that will translate into gainful employment. Additionally, he noted that once these individuals are employed 450 by Pepsi, they will have an opportunity to advance, to obtain their Certified Driver's License (CDU and the necessary training that will lead to higher paying I jobs. He stated that the Forklift Training and Warehouse Program will provide the opportunity to hire ten persons, with the goal of training an additional 20 to 30 people who would be trained to work for other distribution centers and companies within the Roanoke Valley. He added that the Pepsi program to hire ten additional employees is estimated to generate $350,000.00 in additional tax revenue for the City of Roanoke, and the other 20 to 30 persons, if employed in positions of equivalent value, could add an additional $700,000.00 of tax revenue. He stated that there is a need for this type of training and the Pepsi Bottling Group encourages the City of Roanoke to support the program; currently Pepsi draws employment from the Counties of Botetourt, Bedford and Roanoke, but the Forklift Training and Warehouse Program is targeted directly at downtown Roanoke; therefore, he requested that funding for TAP's Forklift Training and Warehouse Program be reconsidered by the City of Roanoke. Owen Scholtz, Director of Planning, Total Action Against Poverty, spoke with regard to TAP's Forklift Training and Warehouse Program. He stated that TAP was approached by Pepsi Bottling Group to enter into the program in order to increase their recruitment and retention of low income individuals, specifically minorities and women. He further stated that representatives of the Pepsi Group found that most of the individuals who came to them looking for employment had an undeveloped work ethic and insufficient math and reading 1 skills which prevented them from securing jobs; a short term evaluation demonstrated that there are at least two other major firms that have the same needs and will offer the same kind of benefits and employment; therefore, TAP developed a comprehensive training program over a short period of time to allow these persons to access jobs in the range of $10.00 to $13.50 per hour, and could lead to upward mobility within the firms. He asked that the City of Roanoke reconsider its position to deny CDBG funding for the Forklift and Warehouse Training Program for the following reasons: the program is consistent with CDBG goals to serve the low-income population, the program is consistent with the constituency that the City wishes to serve, the program works directly with businesses to meet their needs, the program offers earning power with growth potential to low-income individuals, and the program addresses a business need and the needs of the low income constituency to improve their lives and to rise above poverty. He explained that the participating businesses cannot afford to embark on this kind of training program which is an expense that should be part of a public responsibility, and 1 I I 1 451 the program is an effective use of public funds involving an on-going employment initiative which will achieve substantial independence after two years. He advised that the Forklift. and Warehouse Training Program is the only employment and training prograrii offered within all of the CDBG applications this year; and the curtailment or elimination of other Federal, State and local funding for employment and training programs across the nation has made it even more difficult to offer training programs in the face of an increasing need. There being no further speakers, the Mayor declared the public hearing closed. BUDGET-GRANTS: The Mayor advised that the second public hearing pertained to the City's proposed 2006-2007 HUD funding budget, in the amount of $3,730,478.00. Legal advertisement of the public hearing was published in The Roanoke Times on April 19, 2006. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons· present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. At 7:35p. m., the Mayor declared the Council meeting in recess until immediately following the public hearing on the City's real property tax levies and a decrease in the real property tax rate for fiscal year 2006-2007. At 7:36 p.m., the Mayor called a meeting of the Council to order to conduct a public hearing on the City's real property tax levies 'and a decrease in the real property tax rate for fiscal year 2006-2007. The meeting was held in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding. The Mayor declared the existence of a quorum. (Council Member Lea was absent.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. 452 BUDGET-TAXES: The Mayor advised that the purpose of the meeting was I to hold a public hearing on the City's real property tax levies and a decrease in the real property tax rate. He further advised that the City Manager's proposed budget includes a decrease in the real property tax rate from $1.21 to $1.19 per $100.00 of assessed value; and based on the proposed real property tax rate and a change in other revenues, the total budget of the City of Roanoke will exceed last year's budget by 7.1 per cent. Legal advertisement of the public hearing was published in The Roanoke Times on April 18, 2006. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, the Mayor declared the meeting adjourned. Council having previously recessed the 7:00 p.m. meeting, with regard to a proposed increase in the cigarette tax, at 7:40 p.m., the Mayor called the meeting back to order. The meeting was held in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Harris presiding. I The Mayor declared the existence of a quorum. (Council Member Lea was absent.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Mayor advised that the last public hearing was with reference to a proposed increase in the cigarette tax from $.0135 per cigarette to $.027 per cigarette, beginning July 1, 2006, which will generate an additional $1,520,000.00 in revenue to the City. Legal advertisement of the public hearing was published in The Roanoke Times on April 18, 2006. (See publisher's affidavit on file in the City Clerk's Office.) 1 1 1 I 453 The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There were no questions or comments by the Members of Council. The Mayor advised that Council will convene in budget study sessions on Thursday, May 4 and on Friday, May 5, 2006, if necessary, at 8:30 a. m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the goal of sending the budget back to the City Manager to make any necessary adjustments and to prepare the appropriate measures for adoption by Council on Thursday, May 11, 2006, at 2:00 p. m., in the City Council Chamber. There being no further business, at 7:45 p. m., the Mayor declared the Council meeting adjourned. ATTEST: f) A ~ 1: ra-i--< Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor ,. 454 REGULAR WEEKLY SESSION-n-ROANOKE CITY COUNCIL May 1, 2006 I 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, May 1,2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris and School Board Chair Kathy G. Stockburger presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meeti!l9~, 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 Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel, M. Rupert Cutler and Mayor C. Nelson Harrismmmm-mn--5. ABSENT: Council Members Sherman P. Lea and Brian J. Wishneffm---m-n2. The Mayor declared the existence of a quorum. The Mayor advised that the purpose of the meeting was to conduct a joint I meeting of Council and the Roanoke City School Board. SCHOOL TRUSTEES PRESENT: Jason E. Bingham, David B. Carson, William H. Lindsey, Alvin L. Nash, Courtney A. Penn, David B. Trinkle and Kathy G. Stockburger, Chair__mm___nnm_mm_____u_mmm_m_m_____nh___nmmnm 7. A BS E NT: Non e - n - - -- - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 00 - - - - - - 00 - - - - - - - - 0 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. Representing Roanoke City Public Schools: Marvin T. Thompson, Superintendent; Cindy H. Poulton, Clerk to the School Board; Bernard J. Godek, Associate Superintendent for Management; August Bullock, Associate Superintendent for Instruction; Sharon Richardson, Executive Director for Student Services; Dana Thurston, Director for Resource Development and Communication; Toni Elitharp, Associate Director for Professional Development; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel to the School Board. 1 1 1 1 455 SCHOOLS-COUNCIL: Mayor Harris welcomed School Board Members, the Superintendent of Schools and members of the School administration. He advised that this would be the last meeting with the current City Council and the current School Board and expressed appreciation to Ms. Stockburger and to Dr. Trinkle for their service on the School Board. He stated that as the new Superintendent of Schools completes his first year, it has been an important year of transition for the Superintendent and for the school system in general. He commended the support of the School Board to the Superintendent of Schools and to other administrators and their initiatives. Chair Stockburger expressed appreciation for the positive working relationship that has existed with the Mayor, City Council and the City Manager during her tenure on the School Board and extended best wishes to her School Board colleagues. She also expressed appreciation to the staff of the Roanoke City School system for their assistance. . Superintendent Thompson advised that the Schools' 2006-2007 fiscal year budget presentation is designed to provide an overview of certain budget management strategies that will be implemented during the upcoming fiscal year in an effort to move the school system forward; and the presentation will consist of two components, the budget process including identification of certain challenges and actions that were taken to overcome those challenges, and the method used to adjust strategic planning process when unfunded priorities were identified. Mr. Godek expressed appreciation to the School Board and to the executive staff of the school system for their assistance and guidance in preparing the school system's 2006-2007 fiscal year budget. He stated that for perhaps the first time, the executive staff and the School Board have a true appreciation of what it takes to work as a team to prepare a budget, how to identify needs of the school division, and how to list priorities realizing that all things cannot be achieved. He also expressed appreciation to the City Manager and to City staff for their assistance in the bUdget process. Mr. Godek reviewed the follOWing information: 456 1 Reps Division Goals · Improve academic achievement for all students while closing achievement gaps. · Provide safe and effective learning environments. · Ensure Roanoke City Public Schools' management and efficiency through division-wide systems of accountability. · Implement programs and procedures to train, promote, and retain a highly qualified and diverse staff. · Establish strong home, school, business, and community relationships that support achievement. SUMMARY OF ALL FUNDS - REVENUES FY 2003-2007 Revenue History and Estimates ;------.. . u·--_·T--..---l--....---·=r-::--··--::rAÕÕ¡;TËD-,--r;Rop~~Li.á¡------·--; ~==-=~~_-=:=~~···:=--=::~~~liF~~~~~=p~~~~:1;~~=r~·~~~~~~~~['-!ltil~~j .__._.____u..____._......___.._...__J_______..···_···...·.._...._-o=-j.... ., 'STATE S 45.336)82;:) l.3,6t3,971! S 5:l,P33.220 I $ 52,072,458 I i 56,226.657 $ 5,1:7,3791 9.72%j E':~"'~- ~ª~"".'--"'".I::::',""'~~~~¡::~"~ ~iREVENUE_=_. __ 117~' ',35.134 .._!l~359 ',25.091 142.530 ___12:~9~ 1401i'''- ~~~~ "EVE~U~....::-_=_-=.:_..I:----~~I992,e~sJ:---~~53:;¡~~-::·:~~O:ICO~_m~:!;4~:~~O ~______:~,!,.100: __ -2..~~j , 'I I J [O¡A.-~~N:C'IY -=...._.~¡ ~ ':',E:~!.q_~... ó6.259.171=~:iO:21S . $ &7.9;Z,&:~.,-$:=~:~::~~..~,~9.s,6~r=-~ :':'~.F:~~~..___ -1: 47.478.060. __ 49.547.632; 51,<89:~2E_ =~:3E 299 :...578il3:~25 3441.12ê E:;4~ ffÒfÁ·L_?!.~AAf,KG Il~VEÑUE.::_ ··Ti.-~~2.,38,ñili-:~~~.;;¡;:=;6ÓÕ;ç-ïì2.JiŠ.9;¡Š--i3ï.26J.335 l'TG;J3.4Õ¡¡ --~i . . I I ,. , rCA~~A.C~iA1N~~_~~E_~~~_ _u¡-..:-U41?Thr-~.ô3~=0)ð.3ief= ..:::::=-~--" -.. om . _~f; t-----...~~.; TõfÁ::.G.:E§:~..!:~_=-__=_.::.:!IJ~:,48'J.~~:;:(ï·O,.e~3~.!.._IJÕ}œ471 IS ~¡~,~is~~'if!. ~31.¡63 mY"=9Æf..'~:---=-'::' t-l~ ~fÄC'f~~~ SE!V1C~.~~~~~~·.!:..·--:;¡.579,~+---..~~::5¡4)...: 'E"&~' _...~5~~t::_5)54~~49 :-·.··:·.·_'j5ë~~s:~-'f16~-! I .. l I' , ~f~,:~~~~~~3!F~Ö!!~~c=jf· iÖ9,öëó:3iöt¡ '1 i4·~57õ:3~·f12J:j55.ï831 n27;316.ã75r¡K618.2ã3~ š-iõ,lö1.;¡Õ81-=:=:~:ö9%! 1 I · ·~'Y ~". ".' . ' "'~...~ 457 I SUMMARY OF ALL FUNDS - EXPENDITURES FY 2003-2007 Expenditure History and Estimates By State Reporting Category 1 1 I Fœl6 Pf&Xl7 1 i ! I'œJl I'f.!X)t Pf.2lI!j JlFI'R:MD HO'lJ:I1 I I IICIUl. IICIUl. IICIUl. B.J:XEr RE B.J:XEr RE B.J:XEr!RE ! 1 : IrSndi01 S 75MSllI $ 7l\007,410: $ æ2!iJß13! $ oo.rm,.cas 1.Sl316 $ 97;m,m 1,5R 16 6;P.7,7761 500 , ! s.wrt SNœs 4,014229' 4,:m,7æ 5;Ðlf.JJT 5,3:1E\5'I7 7Il1Ð 1 6,."fil,002 7724 l,017,4ffi 6.ffi 1 TIõf Iltai01 4,a:l4,œ:l 4,400,:H; 5.446,412 5,1199161 177.00 ; 6.3æ,616 18l.oo· 1,ZJl.700 3.00 ! I , 1Q>aáia1& Mirt..-.rœ 10,417,Ãl2 lO,7OO.8l1 11.971,(0) 12,S77.1l74 197.40 13,722,7Zl :DI.4O 1,~ 7.00 , 1 Faililies 1,9l1,ffi4 3,632,fB4 2.115.283 1,Œß.215 - 538,lŒ - (544;410) - I I Q j S1\œ 4.515,312, 5.394.610 4.5f1<474 I 7245.248 - a002,478 - 7Sl;z!IJ - : ; Tctll ClnnJ Ftrd $11Xl,lJ7W5l' $ 107,&1l,4lti , $117.748,1921 $122,319,9J5 1,9l8.14 $1"D~"nI;, 1,!Øl8l $ \l,943,4Xl 21.65 Fox s.uœs I 4.007,004 . 5128,fm 1 4,!Œ.9lO 94.8li , 4,414,112 !lI8l 5$4.948 :Hl,cœ (4.00): ! 1 ! Tctll qmtirgf'l1Œ $105,31l0W72' $112.395,5m, $122,817;Jn; $127,316,875 2,0Ili74 $137.618$! i _2,064.40 I $11l,311,«B 17.65' I 1 1 I I Chart G Expenditures by Object FY 2006-07 Purchased Svcs 2% Utilities 3% Fringe Benefits· 23% J ..- \ \ \ , / " " - - ~ ~ / '" Salaries .'..... 57% Supplies 5% Other i 4% Debt Service 6% 1 458 Superintendent Thompson advised that when reviewing alternative methods of providing career and technical services at Blue Ridge Technical Academy, the program was expanded in conjunction with Virginia Western Community College to design programs and goals that will enable all students to earn a certificate, whether it be at the 12'" grade level, or a program at Virginia Western Community College. Mr. Godek advised that certain organizational changes were made since July 1,2005, and carried over into the 2006-2007 budget; in order to fund the number one priority of the schools which is a salary increase for employees, reductions were made in the General Operating Fund of $2.35 million; increases are considered to be average; increases for classified employees are somewhat higher as a result of a pay study that was conducted by the City of Roanoke and based on a recommendation contained in the study; and it is hoped to continue the five per cent increase for classified employees over the next three years in order to bring those employees in line with their counterparts in similar positions in other parts of the state. 1 Council Member Cutler inquired if there is consistency between the pay scale of the School system and the City; whereupon, Mr. Godek advised that it is hoped to bring salary parity between employees in the City and in the School system based on comparable jobs; and the study revealed that many classified 1 employees are underpaid. He reviewed the following items that could not be funded in the fiscal year 2006-2007 budget, i.e.: new textbook adoptions division wide, alternative funding for the eight-step instructional model, which is the instructional model that has been implemented throughout the entire school division starting first in Title I schools and expanding to all schools, and commencement of a division-wide major maintenance plan for all school facilities based on a six, 12 and 18 year maintenance cycle: FY 2006-07 BudQet Highlights Budget Does Not Include: Funding for Division-Wide New Textbook Adoptions. Funding for the 8-Step Instructional Model Training. Funding for the Division-Wide Major Maintenance Plan. Funding for the Replacement of Over Age School BusesNehicles. Funding for Expanded Summer School. I Funding for the Leadership Academy and Forum. Funding for Necessary Reading Initiatives. Additional Funding for In-Service Materials, Instructional Supplies. Staff Training and Travei, Equipment Replacement, Furniture Replacement, and Office Supplies. 1 I I !-. '. i ~. .. I ~. ,., 459 Mr. Godek reviewed the top five unfunded priorities, and advised that should funds become available, those priorities will be addressed: UNFUNDED PRIORITIES ~~t~~t,~~t:~~ >~;ifiq:~~~~T;~r~~~~~r:~~~·:t:;:~~~¡i1¡;i¡i;;~;i!r:~~!~~'):~~~!fÆ~1 t·:r!!f!!?h~J:t:i.·.;ii'¡;f::'::':, ~~'I::i ·r~~::'t!;~. \!.~;:~~ 'J:.: :l~;i .!;.~~~;t Objective: To increase RepS graduation rate and increase student achievement. j~1~~'~~;r:,rrï::~;:;~Y~?Mi~~~~~'it;~~~~/;;¡;;il;;~~;;~;~:!:·~:·::·:~2~:~);ä~}¡¡tW;¡~~~;{;~~;~~·~;i.@!:~;~~iC.¡ij¡;;l:;;;i¡;;~¡;;i.T~¡;~:~:;!¡;{;~;;j;/:~;:;~~;m Objecllve: To provide students with updated textbooks in subject areas. ~:~nf:~~~~t;?~~;ii¡!i~~~.i¡~7~~:~, ~~~~'~~~~~~~[¡\1~ :r~{~g~;:f!;·:~;;~R~i~~¡;~Wfmiif.Ji~;if~Ù;~,:;.~{·;~~;·;~~~¡~ki'~t~!JW~lilli¡i!~~~~Jj/~;:;i+iif~iî Objective: To keep RepS staff trained with p.ffective Instructional strategies and approaches for increasing student achievement. ~~tr~:';:;:~iii~Mrf~~Bf~~.~·r::Mr.~1~~r~~;m'~~§f~&;:::¡:!::\jn¡f¡¡H+;:6··::.¡;~·~~:r¡;Úf@r:;¡:!¡!:~¡;!;¡¡~;;¡;¡::'::;:~.;;¡;;, Objective: To conduct preventive and major maintenance on RepS facilities ot) a scheduled/planned basis to reduce the need for extensive renovations at shorter periods of time and provide for a conducive learning environment. !¡;f;":tr:f~r"0)~~¡;'f;tr¡Ü':fTItm~~~i:1~~.:~i,hif!hf:~~m~!ff~~~::'.' :;: ....:.....:';':..:"'::.: ii,':;' :.';::;:'¡:;;'::::'.':::,,;:.'o::::;;:';; Objective: To replace school buses and other commercial RepS vehicles on a 15-ycar replacement cycle which reduces increased maintenance costs ove,- time and. provide for safe student tnmsportation. ';;;t;;:;",·,:·..:,.",;".;;k~;.:¡ .:, . . '1·. ·""r:ogr;ª-,[h.,:, . ::;f¡:;;}:H¡::;~m:;t~;¡~¡:;::¡:i::'" .:...:.~,:. :L'~:::" .'.' ·1;: ::\¡'Jf~H;~"': " .....: ""':..': ':.":: ':"''';-;;¡':::;I':';' ~~:";~":~:;"':',~. ..:::'. . "SUmme"·-Sli~F,l·øð120Q6·-··· . ·..·,,,.:.......'"t."·¡...", ".:,' :,;'~f:Rtf(,;¡;~m:'i:;:<:i.¡r!¡1~1~f;~~~~t¡jHii:ùjP:1ii!¡~jf¡~}¡~!Ùl;{l:;¡f¡f;;I¡::¡~¡m~~~~~¡f¡;j!~,,:.· ¡;:~. Objective: To increase RepS graduation rate and increase student achievement. Highlights: -ESOL - secondary 120; elementary 260 -Bridges -180 students -Off Schedule -1,573 student (High School) -Total: $1, 240, 411 . ($219,180 Unfunded) 460 .,..,." I !:-~.i(~r.p~raml., .:: i:.. .Öüt~al·êd·rextbooks· .......,.. .,.::.:'" ~_ . ···...··....·':-_L."..:..-l.··'··~··· ,. ..,..... Objective: To provide students with updated textboo_~s...in ~ubject areas. Highlights Subject Arca: Science Current Status: _Academic Biology -1996 -Advanced Biology- 1995 _Earth Science -1997 .Chemistry - 1996 Subject Area: MaUlcmatics Current Status _Textbooks have a 1999 copyright but arc prior to SOL testing -SOL revisions are aligned in 2003 mathematics tcxtboof( _New mathematics textbooks hove morc resource materials _Teachers prefer to use new mathematics textbooks Subject Area: English Cuneot Status: _9_12 grammar books have 1990 copyright date _9_12Iiteralurc books have a 1993 copyright date .Some SOL objectives not covered in current textbooks '[ Subject Arca: Social Studies Current Status: _K_3 textbooks have 1991 copyright date _Grades K.3 have no aligned social studies textbooks or mflterials -Maps and globes are older products with some errors Teachers create materials to teach social studies "f·..·· ~ .":p.:. . ($1,000,000 Unfunded) :~~\;!~'~~$~~~11~if:;::;:':::~:t~t~~~i?B~!f:~!~¡~,'~~rii~mf'::::(,':;::i,i.i;::,:q:: 'ir'm~~~~: Objective: To keep RCPS staff trained with effective instructional strategies and approaches for increasing student achievement. Highlights: -8 Step Instructional Process -Benchmarking System (Testing, grades 2-12) -ROS Scanning System (Test scoring scanners) -Copying and Materials cost (Tests and answers sheets) $500,000 -Leadership Academy/Forum (leadership training for RCPS employees wanting to become principals) $75,000 -Reading Initiative (Improve reading achievement in primary grades) $250,000 - ($825,000 Unfunded) ... 1 1 :. .. . ..". -.-.' ~.' 461 1 !~f,~::~r:~~'tm~t1¡il¡~j;i::.·:.·,~t~y:~~¡i,Wmf::~~~:e[1~;~~~~~·~~1~~;;~,ï~~:f~¡~~(t.~j¡'~; Objective: To conduct preventive and major maintenance on RCPS facilities on a scheduled/planned basis to reduce the need for extensive renovations at shorter periods of time and provide for a conducive learning environment. Highlights: 2006-07 Schedule -Garden City - 6 year - $111,262.00 : -Grandin Court - 6 year - $36,940.00 .Preston Park - 6 year - $51,590.00 .Crystal Spring - 12 year - $54,868.00 -Forest Park -12 year - $69,673.00 .Oakland -12 year - $106,636.00 . ($505,971 Unfunded) 1 ~~~~~~~I~~~:~~š0~i\~Æ8·~ilir~~ì;f¡~~~~¡f~~~~~~t,~fJ:rnl~li[:;¡:;!¡;~~~I~i¡¡f Objective: To replace school buses and other commercial RepS vehicles on a 15-year replacement cycle which reduces increased maintenance costs over time and provide for safe student transportation. Highlights: 2006-07 Schedule -8 - buses - >14 years old - $520,000.00 -8 - commercial vehicles - >14 years old - $150,000.00 - ($670,000 Unfunded) 1 462 Council Member Dowe made the observation that in some instances the college community is moving toward on-line textbooks, and inquired if there are local communities that are entertaining this concept; whereupon, Mr. Godek advised that as the cost for textbooks and education in general rises, everyone is looking at the various alternatives; Henrico County has initiated full technological textbooks, but issues have been encountered with regard to infrastructure and startup costs are expensive. He stated that not enough research has been done to prove the validity of on-line textbooks and although textbooks are important, they represent about forty per cent of the Standards of Learning. Council Member Dowe inquired if consideration has been given to replacing textbooks every four to five years. Mr. Godek responded that Roanoke City has done a good job in identifying and adopting textbooks and textbooks have been reviewed consistently on a five - six year cycle: one of the reasons for the present dilemma is that funds were not always available because the school system waited for end of year funds or CMERP funds to purchase textbooks, however, other issues came up that took priority and caused the funds to be used elsewhere. Council Member Dowe inquired as to what comprises the $2.3 million reduction in operational costs. Mr. Godek responded that $1.2 million was identified from personal services, $100,000.00 from contractual services, $456,000.00 from materials and supplies throughout the division, $230,000.00 from capital outlay, $300,000.00 from the magnet program, and $25,000.00 from utilities, insurance and other costs. In those areas where increases were programmed due to inflation, he stated that inflationary factors were removed, several programs were deleted and more funds were removed from the operational side than the instructional side of the budget. Council Member Dowe inquired as to lessons, if any, that were learned from construction at Patrick Henry High School that could be applied to constructing the new William Fleming High School. 1 1 Mr. Godek advised that during the time that Patrick Henry High School was under construction, a large portion of the original school was vacated and relocated to modular units; and modular units will be removed and relocated inasmuch as Phase 1 of construction is now complete. He advised that William 1 Fleming High School will be occupied while the new school is under construction. 1 1 1 463 Council Member Dowe inquired about the status of middle school athletics; whereupon, Mr. Godek advised that there will be no change in programs in middle school athletics. The Superintendent stated that the Athletic Committee has examined the issue of athletics as a whole, and although no definitive steps have been taken, the process will take the next two years to compile community input and to reach a decision. Council Member Dowe inquired if leadership academy training is administered internally; whereupon, Superintendent Thompson advised that most school divisions try to "grow their own," which is the strongest and the best way to strengthen cultures and to entrench practices for continuous improvement. He stated that the program has been well received, there is a great deal of support throughout the State for Roanoke's leadership academy, staff is in the process of reevaluating the program and taking future steps, and members of the community have approached Roanoke City Public Schools with regard to their involvement. Chair Stockburger advised that the Roanoke City Public Schools Education Foundation has completed its strategic planning process and is currently developing short and long-term goals, one of which is to have a financial impact on the leadership academy. Vice-Mayor Fitzpatrick inquired as to how much additional money would be required to fund all school programs that are deemed necessary by the Superintendent of Schools; whereupon, Superintendent Thompson advised that his goal is to provide performance standards; the "wish list" concept does not serve the school system and its particular needs; unfunded priorities will most likely be consistent over the next four years; those programs, etc., that are beginning to show progress throughout the school division are not so much new programs, but opportunities to provide training and to strengthen existing programs; and the goal of the school system over the next few years will be to sustain programs and to build a stronger infrastructure. Mr. Thompson advised that the $2.3 million in reductions came about as the result of a review of current methods of transacting business and reaching a decision that certain things could be done differently in order to be more efficient and to produce cost savings within the school budget. He stated that the school division will look at attendance zones, how students are bussed to schools, and utilization of facilities, etc., over the next several years in order to achieve greater levels of efficiency. 464 Council Member Cutler requested a clarification of a previous statement 1 by Superintendent Thompson that textbooks cover only 40 per cent of the Standards of Learning. Mr. Thompson responded that textbook makers sell to regions, and if a textbook company sells to four different states, each state has adopted different standards, therefore, textbooks are developed to align with a region; typically, a good textbook is about 40 per cent, therefore, if a textbook company sells to the Commonwealth of Virginia and four other states, the standards from each state are incorporated into the textbook. With regard to the other 60 percent, the Superintendent advised that the State supplements the curriculum framework, on line teachers are provided with a framework that sets out certain essential knowledge and skills that students need to learn relative to each SOL, and additional resources are listed to supplement textbooks; tl1erefore, much of what has been gained over the last few years has been through teacher collaboration and available resources through division content specialists. He stated that enhancing and aligning textbooks will help teachers and students to be more accountable to the information they receive, whereas, other resources provided by the state are teacher driven, and the textbook is more of a student resource. Council Member Cutler inquired about the status of the Roanoke Education Foundation; whereupon, Chair Stockburger advised that the 1 Education Foundation has adopted a vision and mission statement, and is now reviewing goals, with the immediate goal to provide clear communications with regard to the actual state of Roanoke City Public Schools. Council Member Cutler inquired as to what extent the outside auditor's report was helpful with regard to the budgetary process; whereupon, Superintendent Thompson responded that the audit was more performance and quality driven than budgetary driven; and the primary objective of the audit was to look at the alignment of practices of state and federal standards, performance driven results, and whether or not the City of Roanoke had fully implemented quality management in the school division. Mr. Godek advised that a primary effect was with regard to personnel, the audit recommended a reduction in guidance counselors, and four guidance counselors will retire next year leading to a savings in attrition, and four clerical positions were recommended for elimination and will not be filled in the upcoming budget. 1 1 I 1 465 Council Member Cutler inquired if there are any economies of scale associated with working with other entities such as the City of Roanoke and Roanoke County, with regard to administrative activities such as human resources, fleet management, purchasing, fringe benefits, libraries, etc. Mr. Godek responded that there are certain advantages and called attention to an ongoing joint venture to explore the possibility of combining warehousing operations with the City of Roanoke and the Roanoke Redevelopment and Housing Authority. He stated that it is anticipated to expand into other areas such as purchasing, especially with the purchase of the new finance and accounting system for the City and the Schools. Council Member Cutler expressed concern with regard to air quality and ozone levels as a result of the number of school buses that operate on City streets, and stated that this is another reason to modernize the school bus fleet as soon as possible in order to use fuels that are less polluting. Mr. Godek advised that a grant was awarded to numerous school divisions throughout the state to add to or to make modifications to bus .~ngines, and modifications were completed in approximately 90 per cent of the City's bus fleet this past year; however, the biggest concern with reference to school bus fleet rotation is the safety issue. Council Member McDaniel spoke with regard to boundary lines and inquired if the school system has taken steps to encourage students to walk to school; whereupon, Superintendent Thompson advised that no definitive discussion has taken place with regard to changing boundary lines and it would be presumptuous of the school system to engage in open discussion with regard to boundary lines when the system is just beginning the process of evaluating facilities. He stated that the question would be in line with the potential outcome of the facility study. . Chair Stockburger advised that she previously served on a health and wellness committee at the State level, and the committee discussed the concept of a "walking school bus" which is designed to bring children and adults together for safety purposes. Council Member McDaniel inquired if the Roanoke City Schools Public Education Foundation has established a financial fund raising goal. 466 Chair Stockburger advised that between $40,000.00 and $60,000.00 has 1 been discussed as a frame of reference; currently the Education Foundation is looking at making contacts throughout the community because the purpose of a Foundation is not just to raise enhancement funds, but to provide connection with the community, and by the end of the summer there should be a manifestation of business relationships. The Mayor requested the Superintendent of Schools to discuss the proposed budget and how it dovetails with his initiatives relative to student performance, student achievement, school accreditation, those issues that the Superintendent has focused attention on during his first year as Superintendent and those things that are either different or new with regard to specific goals. In response to the Mayor's request, Superintendent Thompson called upon Dr. Toni Elitharp, Associate Director for Professional Development, to present an overview of strategic planning initiatives. Dr. Elitharp advised that: · Having been involved in education for the past 27 years, she is amazed at the effort that the Roanoke City Public Schools has put into the strategic planning process. · A group of 250 people were brought together to work on the process, 150 of whom were selected through a stratified random sampling consisting of persons who are representative of the community. 1 · The goal of the planning group was to look at the goals established by the Superintendent of Schools, which were refined by the executive team. · The process included a review of: what are the goals of the school division, how to strategically plan for those goals, alignment of goals with objectives and strategies, followed by action plans at the division level initially, then to the department and to the school level, with the involvement of students at some point. I 467 I · The planning group worked with the School Board to develop a mission statement. · . The planning group brainstormed and participated in critical thinking, members were tasked with doing things they had never done before and they were assigned a certain amount of time to reach an end result. · A concern was with regard to what to do with the strategic plan upon completion; i.e.: how will the plan be monitored to ensure that certain actions occur. · The Executive Board and the Superintendent has established monitoring systems that will send notices to the schools to provide progress reports and a time line for accomplishing various actions. · The planning group looked at the span of control and the organizational chart; i.e.: where is the school system redundant in what is being done and how can roles and responsibilities be streamlined to get the maximum results. 1 · Through an internal analysis, total quality management practices have been implemented. · A second planning team was established in February consisting of 200 participants who worked strategically and were enthusiastic about the opportunity to make a difference for Roanoke's students. · A third team of persons came together in March composed of a smaller representative sampling of the community and school personnel: and the team developed detailed descriptions of specific actions, objectives, and strategies that were broken down. · At the request of the Superintendent, the group changed focus and the next team addressed compliance, refinement and new initiatives to be prioritized within the budget; and the group reached a consensus by looking at every strategy in the strategic plan to determine whether it was a compliance issue, a refinement issue, or a new initiative. I · At this point, new initiatives have been removed from the strategic plan and the team is focusing on those issues that are compliance oriented, or required by the Standards of Quality, the Standards of Accreditation, the Standards of Learning, guidance standards, etc.; and the team then looked at refinement, or those things that were enacted that are making a difference. 468 · Compliance issues include such things as: ensuring that faculty and 1 staff are appropriately certified and licensed, revising the school guidance curriculum, demonstrating best practices of the American School Counseling Association, and developing an anti-bullying program. · Refinement examples are: integrating learning strategy and differentiating instruction into the general education curriculum, moqifying instruction for students with disabilities and English language learners, while implementing appropriate accommodations, and ensuring that school facilities are clean, safe and secure. · New initiatives that have been placed on hold are: the division-wide reading program, aligning textbooks with the Standards of Learning, and the skills based program. · Priorities that are under consideration are: continuing to look at strengthening site based management, implementing professional learning communities for common planning time, encouraging teachers to work together as communities and to address the culture that Roanoke is a school division that is working together for the best 1 interests of students, implementing professional learning communities, strengthening the remediation program, reducing the number of over aged students, increasing graduation rates, and closing the achievement gap. · It is anticipated that the division level strategic plan will be completed by the end of May, the strategic plan will go to the various departments, departments will review the strategic plan and design and align their individual department plans with plans at the division level; and each individual school will then follow the same procedure. The Mayor requested that the Superintendent talk about the English Language Learners (ELL) student population in terms of the trend, and the challenge it presents with regard to SOL testing and student achievement. Superintendent Thompson advised that over the past year, the City has experienced approximately a 40 percent increase in the ELL population throughout the entire division; and the challenges to the school division involve a large number of young people who are not literate in their own language, therefore, the school system must bring them up to date at all levels of education. He stated that the problem does not involve any specific culture or 1 group of population and the school system is working with the Roanoke Redevelopment and Housing Authority to monitor and to track the numbers in 1 1 I 469 order to develop an internal identification system that will identify the location and the date of origination of students. He called attention to an impact on available resources such as personnel through the identification of quality certified ELL teachers. He stated that there is an instructional challenge for teachers because the school system does not have the necessary personnel, therefore, students are placed in classrooms with teachers who are not trained in that specific type of instruction. He explained that the pattern suggests that the· trend will increase and the City of Roanoke will continue to attract this population of students, the types of offering in the school division will increase accordingly, and currently this may be one of the biggest challenges facing Roanoke City, aside from having to close the achievement gap. He advised that at the request of the State Director of Limited English Proficient Programs, Roanoke's school division will prepare a three year plan with regard to how the City of Roanoke plans to respond to the ELL population. Based on February 2006 numbers, he stated that it is anticipated that there will be a 35 per cent increase from September to February, and this type of growth can be expected to continue over the next several years. The Mayor advised that over the past two months, some persons have interpreted, or misinterpreted, the graduation rate as if it were synonymous with the dropout rate. He asked that the Superintendent discuss the graduation rate in comparison to a bona fide dropout rate. Superintendent Thompson advised that a new formula is being drafted to calculate the graduation rate and this will be the last year for use of the current formula. He called upon Dr. Sharon Richardson, Executive Director for Student Services, to present more speCific information. Dr. Richardson advised that there are approximately 642 students who are over age; normally 58 percent is the figure that is used for the graduation rate; some people may say that Patrick Henry High School graduated 92 per cent of its seniors, or William Fleming High School graduated 91 per cent of its seniors, which is a correct statement, however, the State uses a formula for grades 9 through 12 which provides that GED diplomas may not be counted, and every child under the GED category counts against the graduation rate, although it helps the dropout rate. She explained that only standard diplomas and advanced standard diplomas are counted toward the graduation rate and certificates of completion, some individual education programs (Special Education) and General Education Diplomas do not count toward the graduation rate, even though some of the students may graduate. To compound the matter, she called attention to two formulas that are used for the dropout rate which are calculated by the State for grades 7 - 12 and grades 9- 12, and Roanoke's school system is between four and five per cent on both calculations. She referred to a bill that is currently in the House of Representatives to streamline the formula so that everyone will address the matter. 470 Following further discussion, the Mayor advised that the formulas are complex, and there is a difference between a graduation rate and a dropout rate; and some persons have publicly stated that because Roanoke has a 58 per cent graduation rate, 42 per cent of Roanoke's students are not graduating, which is not a true statement. I The Mayor called attention to two issues that deserve further discussion: (1) a review of the school funding formula which was established over 20 years ago and has served the City and the School system well, but may need to be revised for future purposes as it relates to debt service for capital projects which was not a part of the funding formula; and (2) the joint use of facilities. He stated that at monthly meetings of the Chair/Mayor and Superintendent/City Manager, discussions have been held with regard to the appointment of work groups composed of City and School representatives to address the issues and to submit recommendations to the Council and the School Board. He added that the School system should be the City of Roanoke's number one priority; the health, future and well being of Roanoke is only as good as the health and well being of its school system; and everything Roanoke does as a City is for naught if its school division is not progressing and moving forward. Chair Stockburger presented the following draft proposal containing specifics with regard to the purpose of the work groups: "On behalf of the Roanoke City School Board, I wish to propose that two Council-School Board work groups be formed to study the following: 1 Funding issues, including the current funding formula School/City facility-use issues as they relate to capital improvement Rationale . Roanoke City Public Schools and the City of Roanoke continually face challenging funding and operational issues. Establishing two work groups, each with a clear focus and timeframe, to look at long-term, sustainable approaches to mitigating costs and maximizing investment for both systems can well result in positive outcomes for both bodies and the community. Carefully reviewing the current costs in shared areas such as facility maintenance, purchasing, transportation, etc., may help us make lasting changes while 1 1 I I . ! .,'~" "..... 471 developing effective future strategies that truly benefit the schools and the City. . Both the City and RCPS are engaged in significant capital improvements projects, and will continue to advance capital improvement plans in the future. Jointly exploring facility use, such as schools, recreation facilities, libraries, etc. (acknowledging that school facilities must align with program/instruction functions and standards of accreditation, and any review of school facilities must recognize that this alignment) may have great potential for future capital planning. Composition: Each group might consist of one School Board member (not the Chair), one Council Member (not the Mayor) and additional individuals from the administration of each body with the knowledge and responsibility related to the issues at hand. If possible, a convener/facilitator, or part-time paid support person, may assist with the group. Process: As the issues to be studied and the people involved in doing so overlap, it may be most effective to roll out the two groups sequentially. Setting a timeframe and specific formative reporting targets will help the groups stay on track. The work groups can then return final recommendations to the Board and Council for further consideration as appropriate. Vice-Mayor Fitzpatrick moved that the plan of action proposed by Chair Stockburger be approved in concept. The motion was seconded by Council Member Cutler and adopted. Council Member Cutler advised that this will be his last meeting with the School Board inasmuch as he will retire from City Council on June 30, 2006. He stated that as a Council Member, he is optimistic about the direction of Roanoke's school system, reports are prepared in a profeSSional manner and geared toward the future; therefore, he is optimistic about the future of Roanoke's Public School System as he leaves his Council post on June 30. 472 Council Member McDaniel requested more information with regard to I those schools that are accredited versus those that are not, some of which have high percentages of poverty rates based on free school lunches and a significant minority population. Superintendent Thompson advised that quality management practices are driven and written by the Standards of Quality enacted by the State and serve as a guide to school divisions in implementing and monitoring student achievement; and the eight step process is designed to facilitate the approach. He stated that monitoring the eight step process is another important component to ensure success and to provide teachers and schools with the necessary feedback as the process moves forward. He called attention to significant gains throughout the year in all populations of students by using current data, and teachers appear to be strongly encouraged by what they have been able to accomplish. On behalf of the Council, the Mayor expressed appreciation to the School Board and staff for meeting with the Council to discuss issues relating to the fiscal year 2006-2007 budget. There being no further business, at 10:30 a.m., the Chair declared the I meeting of the School Board adjourned. At 10:30 a.m., the Mayor declared the Council meeting in recess. The meeting of Roanoke City Council reconvened at 10:40 a.m., in Room 159, Noel C. Taylor Municipal Building, with Mayor Harris presiding and all Members of the Council in attendance, with the exception of Council Members Lea and Wishneff. BUDGET: The City Manager inquired if the Members of Council had items that they would like to discuss during fiscal year 2006-2007 budget study on Thursday, May 4, 2006, at 8:30 a.m., whereupon, the Mayor suggested that Council engage in discussions regarding funding of the Roanoke Valley Convention and Visitors Bureau and funding for an additional position for the Clerk of Circuit Court. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards. commissions and committees appointed by Council, pursuant to §2.2-3711 (A)(l); Code of Virginia (1950), as amended, was before the body. Council Member Cutler moved that Council concur in the request of the 1 I 1 1 . . . 473 Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Fitzpatrick, McDaniel, Cutler and Mayor Hélrris -----------------------------------------------------------------------------------------------------------< . NAYS: Non e nnnnhn_nnnnm___mnn__mnn_mnnn.n____unnnnnnnnoo_nnu_O. (Council Member Dowe was not present when the vote was recorded.) (Council Members Lea and Wishneff were absent.) COMMITTEES-COUNCIL-SCHOOLS: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to interview four applicants for vacancies on the Roanoke City School Board, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, McDaniel, Cutler and Mayor rJarris -----------------------------------------------------------------------------------------------------------< . NAYS: No n e nmnn_oo__n__nn_n_____m _.nnm mnn_OO_nn___hU_nUnnnnn _000000000. (Council Member Dowe was not present when the vote was recorded.) (Council Members Lea and Wishneff were absent.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. 474 Council Member McDaniel moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion I was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, McDaniel, Cutler and Mayor H a r ri s - - 00 - - - - - - - - - - 00 00_00 -- -- - - - - -- __00 00 - - - - 00 - 00 00 00 _ _ _ _ _ _ - - 00 00__ 00 - - - - _n_00_00 - - 00 0000 - - - - - - - - 00 - - 00 00 00 - -4 . NAYS: Non e n_n______oo_uu_m_nu 0000 00 - u__UU__n_n___oo_U_muu_m 00 000000___00_0000_0. (Council Member Dowe was not present when the vote was recorded.) (Council Members Lea and Wishneff were absent.) ITEMS LISTED ON THE 2:00 P. M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M., DOCKET: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: NONE. At 10:45 a.m., the Mayor declared the Council meeting in recess for three Closed Sessions, as previously approved by the Council, to be held in the 1 Council's Conference Room, Room 450, Noel C. Taylor Municipal Building. At 11 :27 a.m., the Council meeting reconvened in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Harris presiding and all Members of the Council in attendance. with the exception of Council Members Dowe, Lea and Wishneff. 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 by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, McDaniel, Cutler and Mayor rlélrris------------------------------------------------------------------------------------------------------------Ll. NAYS: N one__uuu________uu________unn_u________n 00________0000_____00_00000000_000000_____0. 1 (Council Members Dowe, Lea and Wishneff were absent.) 1 1 1 475 OATHS OF OFFICE-COMMITTEES-WATER RESOURCES: The Mayor advised that the term of office of M. Rupert Cutler as a Director of the Western Virginia Water Authority will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of M. Rupert Cutler. There being no further nominations, Dr. Cutler was reappointed as a Director of the Western Virginia Water Authority .for a term commencing July 1, 2006, ending June 30, 2010, by the following vote: FOR DR CUTLER: Council Members Fitzpatrick, McDaniel, Cutler and Mayo r H arri s __n___00_________n_00____00__oo_______00 ______0000____00_________00________ ---------------- ----4. NAYS: Non e Umnoooon_oo_n_m m_oonoounn_uoo____uunnuum____umu_oooo__n_m_O. . (Council Members Dowe , Lea and Wishneff were absent.) At 11 :30 a.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the City Council Chamber, and the Council reconvened in Closed Session in the Council's Conference Room to interview two applicants for appointment to the Roanoke City School Board. At 2:00 p.m., on Monday, May 1, 2006, 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. PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler and Mayor C. Nelson Hélrris------------------------------------------------------------------------------------------------------------E). ABSENT: Council Member Sherman P. Lea___m_nm_umm__mm_nu___oomm 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 Alfred T. Dowe, Jr. 476 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. 1 PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-EROSION/SEDIMENT CONTROL: R. Brian Townsend, Director, Planning, Building & Economic Development, advised that the City of Roanoke is presently developing a storm water management program which is consistent with the Commonwealth of Virginia's Pollution Discharge and Illumination System: the City is currently pursuing an update to City stormwater management regulations in concert with Roanoke County, development of an annual inspection program for existing stormwater management facilities, and a recognition program directed at highlighting exemplary efforts in stormwater management during project construction. Mr. Townsend stated that an important element of construction development is to minimize the amount of sediment transported into creeks and rivers by stormwater runoff, which is a difficult task that is made even more challenging when the construction site is the Roanoke River: Phase I of the Roanoke River Flood Reduction Program presented a difficult challenge to the contractor, Branch Highways, for erosion and sediment control, however, challenges were overcome by exemplary efforts in connection with installation, monitoring and maintenance of required erosion and sediment control measures. 1 Mr. Townsend emphasized that the management of various controls by Branch Highways resulted in providing the necessary protection of the Roanoke River during construction of Phase I; whereupon, he recognized the outstanding accomplishments of Mike Higgins, Greg Montgomery, Will Karbach and Bill Bailey, Project Forman, Branch Highways, for protecting the environment during Phase I of the Roanoke River Flood Reduction Project. In appreciation of their efforts, he presented Branch Highways with a plaque of appreciation containing the following inscription: 1 I 1 1 477 Certificate of Recognition presented to Branch I-ligh"Vays, Inc. ~ ror ;tn outstanding job of cnvirofllllcnlal protc<.:lIon (fuolJgh the (.~fTcc.:·live use of erosion and sed¡r"cnl control measures on .a ~·) "ojC<.:1 with c.J1fficull challcng.~s The Roanoke RIver Flood Reduction pmgrarn Phase I .......~~~ C:?~~ . .·........:.~........_......r.~...... ROANOKL: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. BUSES-AUDIT COMMITTEE: Minutes of a meeting of the Greater Roanoke Transit Company Audit Committee held on Monday, December 19, 2005, were before Council. The following items were considered by the Greater Roanoke Transit Company Audit Committee: Þ.tS'Jnal Audit Rep9rts-KPMG Reports: . GRTC - Transit Operations Financial Statements - June 30, 2005 - 2004 . GRTC - Report to the Board of Directors - Year Ended June 30, 2005 · Southwestern Virginia Transit Management Company, Inc. Retirement Plan and Trust Financial Statements - December 31, 2004 and 2003 478 . Southwestern Virginia Transit Management Company, Inc. Retirement Plan and Trust Report to the Board of Trustees - Year ended December 31, 2004 Council Member Dowe moved that the Minutes be received and filed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler and M a yo r H a r r i s -- - - - - - 00 h - - - - - - - - - - n__ - - - - - - - - - -- 00 00__00 - - - - _00_ - - - - - - - - - - - - - 00 - - - - - - 00 -- - - - - 00 -- - - -- - - 6. NAYS: No neooooOooooh_h___On__nnnnnnnnnnn_nn__n__nmnnnoo 00 00 00 - - - - 00 00 - - 00 0000. (Council Member Lea was absent.) TAXES: A communication from the City Manager recommending that Council schedule a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Commonwealth Coach and Trolley Museum, Inc., a non-profit organization, for exemption from taxation of certain personal property in the City of Roanoke, was before the body. Council Member Dowe moved that Council concur in the recommendation of the City Manager. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler an d Mayo r H arri S-m m 00000_0000__ - - mnnm - - - - - mnnnm 00 nn_m - 00 mm 00 - - 00 noon m_n_nn_6. NAYS: Non e - - noon - - - - - - -- _00___ - - - - 00 ------------- - - -- ------ - - - - ------ -- - - - - - -------------- ---- - - - 0 . (Council Member Lea was absent.) TAXES: A communication from the City Manager recommending that Council schedule a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Norfolk and Western Historical Society, Inc., for tax exempt status of certain real property located at 2101 Salem Avenue, S. W., was before the body. 1 1 1 1 1 1 479 Council Member Dowe moved that Council concur in the recommendation of the City Manager. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler an d Mayo r H a rri s---- - 00__________00n ________00___0000_______00_00__0000_______0000000000__000000_________-6. NAYS: Non e_oo_oomnoo___ndoon____ _____00__00 _m 00 ___00__0000_._000000 - _00000000__00_0000_____0. (Council Member Lea was absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY: A communication from the City Manager recommending that Council schedule a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the purchase of three City-owned parcels of land located adjacent to 119 Wells Avenue, N. W., described as Official Tax Nos. 2012715,2012716 and 2012717 at the assessed value, by the Jacquot Corporation, was before the body. Council Member Dowe moved that Council concur in the recommendation of the City Manager. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler an d Mayo r H a rri Son 0000 moooo_oo____.un_m moooon_._n_n_noo_m moooooo_nnnoom __000000_0000_6. NAYS: No n e ---- - - ___________0000_____00____ ____________00_______00 ___________0000__00_.00______ -----0. (Council Member Lea was absent.) ART MUSEUM OF WESTERN VIRGINIA: A communication from the City Manager recommending that Council schedule a public hearing for Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the leasing of air rights located above the rights-of-way of Norfolk Avenue, Williamson Road, and Salem Avenue, S. E., identified as Official Tax Nos. 4010205 and 4010210, to The Art Museum of Western Virginia for a 60 year period, was before the body. 480 Council Member Dowe moved that Council concur in the recommendation of the City Manager. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler and Mayo r H a r r i s --- - - - - nnn - - - - 00 -00--- 00 - 00 - - - - - - -- ____00 - - - - - - __00 - - - - - - - 00 - - - - - - - - - - - - -- -- -- - - - - - - -- - - 6 . NAYS: Non e __00___________________0000__00__0000_____00____00_____________00_______ -- 00 -- -- - - -- 0000-0. (Council Member Lea was absent.) OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: A report of qualification of James Settle as a member of the Parks and Recreation Advisory Board, for a term ending March 31. 2009, was before Council. Council Member Dowe moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler and Mayo r H a r r i s __ - - - -- ---- - - - - -- _m___ - - - - - - - - - - 00 - -0000-- - - - - ------ - - - - - - - ---- 00 - - - - - -00 00 00 -00--- 00 -00 - 6. NAYS: Non e nom m_______m___________n 00 ______________00___00____________00____________________0. (Council Member Lea was absent.) REGULAR AGENDA PUBLIC HEARINGS: COMMITTEES-SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 1,2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, with re9ard to appointment of three Trustees to the Roanoke City School Board for three-year terms of office, commencing July 1, 2006 and ending June 30, 2009, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 14, 2006. 1 1 I I I 1 '. ' 481 Applications were submitted by James P. Beatty, Jason E. Bingham, Caren D. Boisseau, Jay Foster, Mae G. Huff, Randy L. Leftwich, Mark S. Lucas and Todd A. Putney. The Mayor inquired if there were persons present who would like to speak in connection with the matter; whereupon, the following persons addressed the Council: Mr. AI Comer, 234 Parkcrest Road, S. W., spoke in support of the application of Todd A. Putney. He stated that he is impressed by Mr. Putney's involvement in the community, his volunteer service, and his vision to not only move Roanoke's school system forward, but his ability to articulate his vision in a professional manner, both socially and in volunteer organizations. He stated that Mr. Putney is also open minded, he has a positive approach in carrying out his responsibilities, he does not dwell on the negative, but takes what is given to him and makes the most of the situation. He advised that the Roanoke City School Board has identified certain problems that need to be addressed, however, the right people must be appointed to the School Board to empower the Board to move the City forward and to make Roanoke's school system the best it can be. He stated that Mr. Putney will provide the level of leadership that is needed to guide Roanoke's school system into the future. Mr. Abney S. Boxley, 301 Willow Oak Drive, S. W., spoke on behalf of the application of Todd A. Putney for appointment to the School Board. He stated that Mr. Putney is qualified for the position, he is a person who has a vested interest in the outcome of Roanoke's schools, and he has a passion for the position of School Trustee. He added that Mr. Putney is Vice-President of Human Resources at Shenandoah Life Insurance Company where he is in the business of educating and developing people; his work on diversity issues at Shenandoah Life is unique, broad and particularly relevant to Roanoke City today: he served on the Board of Directors of Valley Character which is an important facet of Roanoke's school system and his support of the Governor's School Foundation is current and on-going. He stated that Mr. Putney has a vested interest and a commitment to Roanoke's school system because he has two children presently enrolled in the system; he has done his homework in preparation for an appointment to the School Board by meeting with several School Board members, the President of the Addison PT A, the Principal of William Fleming High School and he has the support of numerous educators and other professionals who understand the depth of his desire to be appointed to the School Board. He advised that if Mr. Putney is appointed to the School Board, he will bring the attributes of an open mind, a willing heart and an experienced team builder to the position. 482 Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that he did not I speak on behalf of any School Board applicant; however, he stated that he applied for appointment to the School Board because the School Board needs a change for the better. He stated that he has not been successful in past attempts to be appointed to the School Board because he does not live in the right neighborhood, he does not have a lot of money, and he does not know the right people. He pointed out that three School Board members live within a mile of each other and the City of Roanoke needs a School Board that is representative of all sections of the City. He spoke in support of an elected, rather than an appointed School Board, that will represent all citizens of Roanoke and not just the wealthy and affluent. Ms. Rita Leftwich, 110 Brookshire Drive, Rocky Mount, Virginia, spoke in support of the appointment of Mark S. Lucas to the School Board. She called attention to his integrity, his love of children, and his involvement as an outgoing, vivacious and energetic parent. She asked that Council give favorable consideration to his application for appointment to the School Board. Mr. Russ Ellis, 2731 Jefferson Street, S. W., spoke on behalf of the application of Todd A. Putney for appointment to the Roanoke City School Board because he can make a positive impact on Roanoke's School system. He stated that as he has observed Mr. Putney as a parent, as a coach, and in a I leadership role as a member of the Roanoke Education Foundation, and he has been impressed by his passion for the community by giving his time and energy to matters that will make a difference for Roanoke's children and for the future of the City of Roanoke. He advised that Mr. Putney's qualifications include coaching recreation league basketball and softball teams, he serves on the Roanoke Valley Governor's School Foundation Board and will serve as incoming President, he is a past board member of Valley Character and continues to serve as a regular table member of Ethics in the Workplace, he serves as Chair of the Diversity for Life Office Management Association (LOMA) which is a great honor in view of the fact that the organization represents the top 350 life insurance companies internationally, and he will bring a vast amount of practical experience from business as well as personal activities. He stated that Council has a large group of qualified applicants from which to select School Trustees, but when making a final decision, he asked that Council take into consideration the depth, practical experience and passion for the City's success that Mr. Putney will bring to the position and appoint a leader and a worker to the City's School Board. 1 1 1 1 :. t ~·...~·:'-':·:.r';.!~~· . .;;:;:? >,.\::.;".... ',", ",' 483 There being no further speakers, the Mayor declared the public hearing closed. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager submitted a communication advising that the Virginia Department of Emergency Management has announced an additional allocation for the 2005 U. S. Department of Homeland Security (DHS), State Homeland Security Program Grant; and the grant is designed to provide equipment, training, planning and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. It was further advised that the City of Roanoke has been allocated a total of $53,054.00 in additional funding under the grant, which will be placed in the City's fiscal year 2006 accounts: funding was based on a regional allocation of $402,762.00 divided into jurisdictions on a per capita basis; and funding will be made available upon review of the budget detail listing and approval by the Virginia Department of Emergency Management and the DHS. It was stated that the funds, which require no local match, must be used according to requirements specified by the Department of Homeland Security; and the 2005 grant allows the expenditure of grant funds in four areas of need in First Responder Preparedness to include equipment acquisition, training, plannin9, and exercise. The City Manager recommended that she be authorized to execute the necessary documents to accept the grant, to furnish such additional information and to take such additional action as may be required to impleÍ"nent and administer the grant funds and agreements, such documents to be subject to approval as to form by the City Attorney; and that Council adopt an ordinance increasing the revenue estimate in Account No. 035-520-3527-3528, FY06 State Homeland Security Grant, in the amount of $53,054.00 and appropriate funds in the same amount to FY06 State Homeland Security Grant, Account No. 035-520-3527-3030. 484 Council Member Dowe offered the following budget ordinance: 1 (#37375-050106) AN ORDINANCE to appropriate additional funding from the Commonwealth for the State Homeland Security 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. 70, Page 272.) Council Member Cutler moved the adoption of Ordinance No. 37375- 050106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler and Mayo r H arri soo_oo___n_nn_n_n_nnnnn____u__u_u_n_m_n_nnm mnnm -- 00 un 00 00 00 00 - -6. NAYS: Non ennnn_nnn_hd_uunn__m nnm mnm un______m____________n -- -- 00 00 --00-0. (Council Member Lea was absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37376-050106) A RESOLUTION authorizing acceptance of an additional 1 allocation of a 2005 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the U. S. Department of Homeland Security; and authorizin9 the execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 70, Page 273.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37376- 050106. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler an d Mayo r Harri S_____oonn_______________________________oo____uu_____________0000___00_00_____00_______6. NAYS: No n e 000___00 ___n__oooonn___nnn__nn_________nnnUnn_m mn__________oo_oo____nO. (Council Member Lea was absent.) 1 1 1 1 .,. .. . , 485 WRABA (WILLIAMSON ROAD AREA BUSINESS ASSOCIATION)-SPECIAL SERVICE DISTRICT: The City Manager submitted a communication advising that in May 1993, Council adopted Ordinance No. 31472-052493, which created the Williamson Road Area Service District, and authorized execution of a service agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA); on May 20, 1996, the initial agreement was renewed authorizing continued administration of the agreement by WRABA for a one year term, with nine one year extensions thereafter, subject to termination, with or without cause, during each period of time; and the current agreement will expire on June 30, 2006. It was further advised that WRABA has requested that Council authorize renewal of the agreement for continued administration of the Special Service District; WRABA has requested that the renewed agreement be made at the same tax imposed rate ($0.10 per $100.00 valuation of real estate) and district boundaries (between Orange Avenue and City limits north on Williamson Road) and for a similar length of time that was agreeable with Council on May 20, 1996; and WRABA is also requesting that the two per cent administrative fee .charged annually by the City be removed from the agreement. It was explained that the projected revenue from Special Service District tax funds is $82,000.00 for fiscal year 2006-2007; based upon this estimate, the annual administrative fee will be $1,640.00 for fiscal year 2006-2007; and WRABA continues to pursue endeavors that will improve economic vitality and enhance the quality of life in the Williamson Road corridor. It was advised that WRABA supports the City's efforts with regard to changes to the Enterprise Zone and has worked collaboratively with the Police Department through business watch groups and seminar attendances; WRABA's achievements over the last ten years illustrate its commitment to the areas of economic development, City beautification, strategic planning, and public safety; and the two per cent administrative fee charged annually by the City was deleted from the contract with Downtown Roanoke, Inc., for the Downtown Service District; therefore, the service fee should be removed from the agreement with WRABA. The City Manager recommended that she be authorized to execute a renewal agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc., (WRABA) effective July 1, 2006, for an initial term of one year, subject to nine additional one year terms and subject to termination, with or without cause, during each term for continued administration of the Special Service District; and the agreement shall delete the two per cent administrative fee previously imposed, subject to approval as to form by the City Attorney. 486 Vice-Mayor Fitzpatrick offered the following resolution: (#37377-050106) A RESOLUTION authorizing the City Manager to execute an agreement with the Williamson Road Area Business Association, Inc. ("WRABA"), for continued administration of the Williamson Road Special Service District, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 70, Page 274.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37377- 050106. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, Cutler and Mayo r H arri S-m m mn_nn_m 00 mn_m mnnnnm mnnm _00 mnnnnnnnn_n 00 00-0000 -6. NAYS: No ne---- 00 ______________0000____00______________00000______0000_____________0000__0000000000_0. (Council Member Lea was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of March, 2006. (For full text, see Financial Report on file in the City Clerk's Office.) There being no discussion and without objection by Council, the Mayor advised that the Financial Report for the month of March 2006 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. 1 1 I 1 1 I 487 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Vice-Mayor Fitzpatrick advised that at a picnic recognizing municipal volunteers on Friday, April 28, 2006, a ceremonial check in the amount of $376,000.00 was presented to the City of Roanoke representing the dollar value of services contributed to the City by persons who participate in the Municipal Volunteer Program. On behalf of the City of Roanoke, he expressed appreciation to those citizens who volunteer their services to make their City a better place to live. 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. ACTS OF ACKNOWLEDGEMENT-BRIDGES: Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that with the death of A. Victor Thomas, the City lost a great statesman; inasmuch as Mr. Thomas operated a business on Orange Avenue and represented the East Gate community for many years, he requested that the bridge connecting Roanoke over Tinker Creek be renovated and dedicated to the memory of Mr. Thomas. Council Member Cutler commended the suggestion of Mr. Craft and stated that the Environmental Education Center, which is proposed to be constructed in the former Transportation Museum in Wasena Park, could be named in memory of Mr. Thomas. COMPLAINTS-POLICE DEPARTMENT: Mr. Howard Cooper, Jr., 3022 Hickory Wood Drive, N. W., Apt. No. 109, spoke as a concerned citizen with regard to drug trafficking, specifically in the areas of 16th Street and Rugby Boulevard, N. W., and 13" Street and Salem Avenue, S. W., where drugs are sold on the streets, both day and night, and such activities prevent citizens from enjoying the peace and quiet of their homes. He also called attention to the need to address toxic fumes from a former City landfill site which is located behind Lucy Addison Middle School. 488 ARMORY/STADIUM: Mr. John Graybill, 2443 Tillett Road, S. W., advised that many citizens of Roanoke want to save Victory Stadium, not necessarily for I nostalgic reasons, but to provide a stadium that Roanoke's students can be proud of. He stated that on Tuesday, May 2, 2006, the citizens of Roanoke will cast their vote in the Councilmanic election and he trusts that they will make the right decisions for the City of Roanoke. COMPLAINTS-HOUSING/AUTHORITY: Daniel Hale, President, Roanoke Branch, NAACP, called upon Delvis O. (Mac) McCadden, Communications Chair, to read the following communication: "It is with deep regret that the Roanoke Branch, NAACP is before you today to voice its displeasure at the hiring process adopted by the Roanoke Redevelopment and Housing Authority (RRHA) for its position of Executive Director. In short, there is no need to go into background; let's get to the crux of this matter: · Earl Reynolds was lured to the RRHA from his job as City Manager of Martinsville He was lured to Roanoke to be the Deputy Executive Director of RRHA (that position usually means one is being groomed to move into the ED's position) By virtue of his working with the RRHA in his stint as Assistant City Manager of Roanoke City, Earl Reynolds already had a working relationship with the RRHA. Why would you bring someone back if the relationship was negative? Earl Reynolds spent 2)1" years as Deputy Executive Director Earl Reynolds is significantly more qualified than anyone to assume the role of Executive Director A nation-wide search for an Executive Director was authorized by the RRHA Earl Reynolds was interviewed, but he was not a finalist RRHA Board of Commissioners voted 4-3 against Earl becoming a finalist (with the vote going down racial lines) RRHA Board of Commissioners are appointed by Roanoke City Council Roanoke City Council does have a liaison assigned to the RRHA. Sometimes citizens appointed to boards and authorities are good friends, relatives, or present or past work partners of Roanoke City Council members (that's going to happen at some point in government) I · · 1 · · · · · · · 1 1 1 -I,..t."'" 489 With all that, Roanoke City Council has not yet decided to take a look at the hiring process. We are saying that if it looks like a fish, smells like a fish, and swims like a fish, it must be a fish! Something should have smelled rotten to you prior to our being here today. That you have not looked into the situation tells us that you are not who you claim to be: elected representatives of all citizens of Roanoke and protecting our interests. Citizens receiving the services of the RRHA can say that you allowed the RRHA to use precious public monies to hire an out-of-state consulting firm to launch a nation-wide search for an infinitely impossible task: to find someone more qualified than Earl Reynolds to man the helm of the RRHA. You, Roanoke City Council, should be ashamed of yourselves for allowing such a waste of taxpayer money and staff time to perpetuate such a farce. Shame on each of you for not protecting our interest. The Roanoke Branch, NAACP demands that you mandate a halt to the hiring process begun by the RRHA. If you do not have the intestinal fortitude to do so (or to accept responsibility for what has occurred), we demand that you call for the resignations of the RRHA Board of Commissioners and slap yours on top of theirs. You know, in Britain, when their leaders shuck their duties, those leaders honorably resign due to a lack of a vote of confidence. Do you have the personal resolve to do the sameT COMPLAINTS-CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., invited the Members of Council to read Sermons We See by Edgar A. Guest. She presented each Member of Council with copy of a sermon entitled, "Life of the Believer" which states that one's integrity is at the core of who they are, one loses their integrity when they begin to rationalize; people lose their integrity when they are afraid of what other people will think of them, or they want to go along with crowd, or they go along to get along, or through selfishness they want to fulfill a personal desire, or have an unwillingness to trust God. She stated that to maintain integrity, one must decide what one's convictions are and live according to their convictions; and the abuse of power causes a destructive pattern of leadership that diverts organizational power for personal use at the expense of others which leads to a culture of fear and confusion. 490 ARMORY/STADIUM-CITY COUNCIL: Mr. John E. Kepley, 2909 Morrison 1 Street, S. E., advised that Tuesday, May 2, 2006, Election Day, will be judgment day for the decisions and actions of the present City Council and the jury will be the citizens of the City of Roanoke. He stated that the City's debt now stands at $270 million; and in order to meet the reduction in debt, the City's real estate taxes have increased over 85 per cent in four years and are projected to reach nine per cent this year. In the interest of time, he stated that he would conclude his remarks by stating that the citizens of Roanoke will wait for the decision of the jury on Tuesday, May 2 when citizens cast their vote in the Councilmanic election. COMPLAINTS-STADIUM: Mr. Allan Scanlan, 1631 Center Hill Drive, S. W., advised that approximately six months ago, after what appeared to have been a clear, logical and carefully designed plan involving ample citizen input, expert evaluation and at considerable taxpayers' expense, a Council majority abandoned a course of action with regard to Victory Stadium that was for the good of the total community in order to follow a perverted plan with unknown beneficiaries. He stated that the only rationale offered for the change in direction was that it was for the children; however, the interest of a few wealthy persons, some of whom might not live in the City of Roanoke, began to show a probable reason for the change of direction. He added that citizens were not 1 then nor are they now, happy with a local government that takes its cues from behind the scenes financial contributors. HOUSING/ AUTHORITY-COMPLAINTS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in the communication which was read earlier in the meeting by Mr. McCadden on behalf of the Roanoke Chapter of the NAACP with regard to the process for selecting the future Executive Director of the Roanoke Redevelopment and Housing Authority. She spoke against the hiring of out of town persons for local positions when there are qualified individuals who currently reside within the Roanoke Valley. She stated that the current Deputy Executive Director of the RRHA, Earl B. Reynolds, Jr., is qualified for the position of Executive Director and the citizens of Roanoke are concerned about the process that was used by the Housing Authority in selecting qualified applicants. She further expressed concern with regard to recent actions by the current City Council, and advised that the citizens of Roanoke deserve better. She stated that Roanoke can be proud of its City Sheriff, Octavia Johnson, who is a member of the minority community and received the highest number of votes in every quadrant of the City of Roanoke in her campaign for City Sheriff. She added that when voting in the Councilmanic election on Tuesday, May 2, 2006, the citizens of Roanoke will vote on the future of the City of Roanoke. 1 I I 1 ", . ".' ", 491 COMPLAINTS-HOUSING/AUTHORITY: Ms. Valerie Garner, 2264 Mattaponi Drive, N. W., Chair, Countryside Neighborhood Alliance and neighbor of the Miller Court area, spoke in support of the position of Daniel E. Hale, President of Miller Court and President, Roanoke Branch, NAACP, as set forth in a communication which was read earlier in the meeting by Delvis O. (Mac) McCadden, with regard to the hiring process for the Executive Director of the Roanoke Redevelopment and Housing Authority. She stated that the Countryside Neighborhood Alliance takes pride in its diverse community, which is dedicated to maintaining quality of life and the natural beauty of surroundings, and the pride of the organization does not stop at the boundaries of Countryside, but encompasses all residents who experience injustice on any level. She stated that it would be an injustice if Deputy Director Earl B. Reynolds, Jr., is not considered for the position of Executive Director of the Roanoke Redevelopment and Housing Authority inasmuch as he has Masters Degrees in Urban Development and Criminal Justice, he grew up in Gainsboro, he was City Manager of Martinsville, Virginia, and through his efforts, the wounds of past injustices in the City of Roanoke are beginning to heal. She further stated that there should be no contest as to Mr. Reynolds' qualifications for the position: bringing in candidates from the States of Missouri and Iowa who know nothing about Roanoke would be a set back to the trust that Mr. Reynolds has built within the black community; and Mr. Reynolds' level of experience with regard to the Roanoke Valley cannot be found in any out of state candidate for the position. She stated that it is hoped that those persons who voted to remove Mr. Reynolds from consideration for the position will see the error of their ways, and agree that he should be promoted to the position of Executive Director before further damage is done to relations within the community. Therefore, she asked that Council bring pressure to bear on the hiring process that was implemented by the Roanoke Redevelopment and Housing Authority. COMPLAINTS-STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to the renovation of Victory Stadium and the meaning of the structure to citizens of the Roanoke Valley. He stated that Victory Stadium is in good condition, the facility was constructed in 1942 at a net cost of $350,000.00, and using 2006 dollars, Victory Stadium could not be constructed for less than $75 million in today's economy. He questioned the wisdom of constructing two high school stadiums when the City currently has a stadium that will seat 25,000 people, and it would be a waste of taxpayers' money to construct a new stadium when Victory Stadium could be renovated for $5 - 7 million. 492 COMPLAINTS-CITY EMPLOYEES: Mr. Robert E. Gravely, 727 29'h Street, 1 N. W., expressed concerns with regard to insufficient wages that are paid to City employees. He stated that the composition of Council could change in the near future as a result of the Councilmanic election on Tuesday, May 2, 2006, and Council Members should be elected who are interested in education, the financial condition of the City, and affordable housing. CITY MANAGER COMMENTS: NONE. At 3:20 p.m., the Mayor declared the Council meeting in recess for continuation of previously approved Closed Sessions. At 4:08 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Council Member Lea. 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 by which I any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel, Wishneff, and M a yo r H a rri S__mnnnm u -- 000000000000__ mn_unnn_nnuunnu_muunnn__U_n_____U___oo_oo_ 5. NAYS: Non e__oooo__nn_______________m_____________oooon____oonn_______________00000000__00___0. (Council Member Cutler was not present when the vote was recorded.) (Council Member Lea was absent.) There being no further business, at 4: 10 p.m., the Mayor declared the Council meeting in recess until Thursday, May 4, 2006, at 8:30 a.m., at which time the Council will convene in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for fiscal year 2006-2007 Budget Study. The regular meeting of Roanoke City Council, which was called to order on Monday, May 1, 2006 at 2:00 p.m., reconvened on Thursday, May 4, 2006, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church 1 Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding. 1 1 1 493 PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Brenda L. McDaniel and Mayor C. Nelson Harris-mm-S. ABSENT: Council Members Sherman P. Lea and Brian J. Wishneffm--mm-2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: Council Members-Elect Gwendolyn W. Mason and David B. Trinkle; and Sherman A. Stovall, Director of Management and Budget. BUDGET: The Mayor advised that the purpose of the meeting was to engage in fiscal year 2006-2007 budget study deliberations. He congratulated Council Member Dowe and Council Members-Elect Mason and Trinkle on their reelection/election to City Council, effective July 1, 2006. The City Manager reviewed the following items that were referred to fiscal year 2006 budget study: Referred to Budget Study · Real Estate Tax Rate Reductio.n · Eligibility Requirements - Tax Relief for the Elderly and Disabled · Retiree Cost of Living Adjustment and Retiree Supplement for Health Insurance Funding for Refugee and Immigrant Student Education Mr. Stovall advised that since the time that Council Members were briefed on the proposed budget, ongoing discussions have taken place with regard to additional funding for Explore Park, a Walkway Ambassador Program for the Market Square Walkway - Pedestrian Bridge, the level of funding recommended for the Roanoke Valley Convention and Visitors Bureau, and the level of funding recommended for Total Action Against Poverty. 494 With regard to the Walkway Ambassador Program for the Market Square 1 Walkway - Pedestrian Bridge, the City Manager advised that a part-time staff person is needed to control the area, to serve as a greeter, and to report any problems with operation of the escalator. She proposed that $17,000.00 of the City Manager's Contingency account be used to fund a 20 hour per week part-time position. Council Member Cutler called attention to the door on the Shenandoah Avenue side of the Market Square Walkway that is in need of continuing repair. Mr. Stovall advised that other items include an additional position which has been requested by the Clerk of Circuit Court, the cleanliness and beautification of the City for the 125'" anniversary celebration, and the level of funding for Roanoke Valley Court Appointed Special Advocates. Mr. Stovall stated that Council was previously briefed on the recommended $.02 reduction in the real estate tax rate, and the revenue impact associated with the reduction in the amount of $1,134,000.00. He further stated that in an effort to offset the revenue reduction, there has been ongoing discussion with regard to increasing the cigarette tax by $.27 and using the additional revenue, totaling 51,520,000.00, to fund a real estate tax 1 decrease and to hold the school division harmless, with the balance of $386,000.00 to fund a $5 million bond issue for curb, gutter, sidewalk and bridge renovation. He explained that the proposed cigarette tax rate increase will put the City of Roanoke at average with other Virginia First Cities jurisdiCtions. Council Member Cutler advised that he would be willing to submit a letter to The Roanoke Times describing the difference between services that City residents receive as a result of their real estate taxes compared to Roanoke County residents, and to explain service reductions if the City of Roanoke were to impose the same real estate tax as Roanoke County. The Mayor advised that $386,000.00 of the 51,520,000.00 in revenue generated from an increase in the cigarette tax will be used to provide debt service for the bond issuance of $5 million for curb, gutter, sidewalks and bridge renovation; however, in view of statements made by the school administration with regard to the William Fleming High School project, he inquired if the matter should be temporarily held in abeyance. The City Manager stated that the 5386,000.00 will fund $5 million of debt and that specifiC use was suggested because when the cigarette tax was increased several years ago, the increase was directed toward curb, gutter and sidewalk. I She inquired if the Mayor was suggesting that the $386,000.00 should not stay strictly on the City side of the budget; whereupon, the Mayor advised that as 1 1 1 495 City and School work groups go forward, this should be kept in mind. Mr. Stovall advised part of the updated 55 million CIP is allocated to the abovereferenced project, it is not anticipated that the bonds will be issued until fiscal year 2008, so there is some flexibility to working with the School Board on the matter. Mr. Stovall advised that Council was previously briefed on recommended revisions to the income and net worth caps for real estate tax relief for elderly and disabled homeowners. He stated that it is recommended that the household income cap be increased from $30,000.00 to $34,000.00, based on the change in the Consumer Price Index since the last revision, and that the net worth cap be increased from $100,000.00 to $125,000.00. By consensus, Council concurred in the recommendation. The Director of Finance advised that when a potential increase is considered in pension benefits to retirees, various factors are considered such as changes in the Consumer Price Index, the level of raises provided by similar plans within the State, and affordability of the retirement plan; and a cost of living increase has been provided for the City's retirees since 1986, except for the year 1991. The Director of Finance advised that the following chart references proposed increases by other pension systems within the State; the range is from 1.7 per cent to 3.2 percent; some localities have cost-of-Iiving adjustments built into their pension plan; and not all of the localities that do not have built in cost-of-living adjustments provide a raise each year. He advised that teachers and administrators in the School system participate in VRS, and new employees hired by the Western Virginia Water Authority participate in VRS which has a built in COLA; and building a prefunded cost-of-living adjustment in a pension plan is quite expensive. Retiree Benefits - Cost of Living Adjustment Association of Municipal Retirement Systems of Virginia Cost of Living Adjustnlcnts i Proposed .!-ocali.~r. ¡ FY 07 - --- .~ -- ... __..n_. Arlington Coun.~y' _ ! 3.2% --- -"-- .~-' Charlottesville I 2.0% -- ____moo -., Fairfax County -Education 3.0% .... ..._1 -.------. Falls Church ¡ 1.7% --. .. -- . ..-.--1 ---.- ~?!:~.News I 2.2% no" -. , ....- Oanville , 3.0% - -. ...- ________. ...- : --'--'-.--'--'" VRS ; 3.2% ; 496 The City Manager pointed out the City's retirement calculation is more 1 generous than VRS; the multiplier to calculate final compensation and benefits under VRS is about 1.75 or 1.8, compared to the City's 2.1; the City of Roanoke has been generous by offering employees a match to the ICMA Deferred Compensation Plan, and when taking into consideration Social Security, the City's retirement system, and the ICMA Deferred Compensation Plan, the combination affords the opportunity for income to City employees that is close to their pre-retirement job income. The Director of Finance advised that a three per cent increase is recommended to eligible members of the City's Pension Plan, effective July 1, 2006; eligible members are those employees who have been retired for at least one year, or approximately 95 percent of retirees; the average proposed pension increase is $382.00 per year. which will cost the City $594,643.00 in additional benefits annually, or $378,000.00 in annual contributions to the Pension Plan. By consensus, Council concurred in the recommendation. The Director of Finance advised that for the past several years, retirees have requested an additional health insurance supplement for retirees age 65 1 or older: and the current pension plan provides a supplement of 75 percent of the amount of health insurance supplement provided to active employees, or $258.75 to retirees with at least 20 years of service until age 65 when they reach Medicare eligibility, and the Roanoke City Retirees Association has requested that the City continue with the supplement after age 65 in some form. As a point of reference on the cost of granting a lifetime supplement, he advised that the City's Pension Actuary reports that if the current full supplement is continued for a lifetime, the annual cost in contributions would be approximately $2.4 million and would add over three percent to the contribution rate. Therefore, he stated that due to the cost of maintaining the current level of benefits and providing a cost-of-Iiving adjustment to retirees, it is not financially prudent to provide this enhanced benefit. The Director of Finance advised that Council was previously briefed on the issue of Other Post Employment Benefits (OPEB) in connection with participation by retirees in the City's health insurance program. . He stated that continuation of the current program will involve an annual cost of approximately $4 million, which, in general, is unaffordable and a recommendation will be submitted to Council for fiscal year 2008. By consensus, Council concurred in the recommendation of the Director 1 of Finance with regard to approval of a three per cent increase for eligible members of the City's Pension Plan, effective July 1, 2006. 1 1 1 497 Mr. Stovall advised that the City received a request from the Refugee and Immigrant Student Education program for funding in the amount of $75,000.00; the program provides a variety of services such as outreach and education to ethnic communities, intake and needs assessment of students, enrollment and assistance with school testing and placement, completing requested immunizations and health physicals, tracking student progress, and facilitating parent-teacher conferences. He stated that City staff does not recommend funding of the program inasmuch as the program should be funded through the School division, or an application for funding should be submitted to the Human Services Advisory Board. By consensus, Council concurred in the recommendation that the Refugee and Immigrant Student Education program not be funded. Mr. Stovall advised that Explore Park submitted an application to the Roanoke Arts Commission for funding in the amount of $50,000.00, a tentative recommendation for $36,400.00 will be submitted by the Arts Commission; and a subsequent request was submitted to Council for $13,600.00 to take Explore Park to the full $50,000.00.. He stated that $12,565.00 in additional funding was provided to the Roanoke Arts Commission and $2,500.00 in incremental revenue was designated for outreach activities. Mr. Stovall advised that City staff does not recommend additional funding for Explore Park because to do so would set a precedent for other agencies that do not receive their request for full funding from the Roanoke Arts Commission or the Human Services Advisory Board. By consensus, Council concurred in the recommendation of City staff that no additional funding will be approved for Explore Park. Mr. Stovall advised that the Market Square Walkway requires a significant amount of custodial and building maintenance support; planned custodial and facility maintenance includes a new custodial services contractor, replacement of the escalator steps (completed) and replacement of ceiling tiles and base molding; and an assessment of additional needs includes an enhanced presence of staff at the facility, especially during times when The Hotel Roanoke and Conference Center is holding high volume conferences and meetings. He advised that City staff recommends a part-time hourly employee to greet visitors, provide directions, ensure appropriate use and perform light cleaning, at a cost of $17,300.00. By consensus, Council concurred in the above referenced recommendation of staff. 498 Mr. Stovall referred to a letter dated May 2, 2006, to the Council which 1 provided additional information on funding for the Roanoke Valley Convention and Visitors Bureau, Total Action Against Poverty's Community Development Initiative and Fork-lift/Warehouse Operations Training Program, an additional position for the Clerk of the Circuit Court, cleanliness and beautification of the Roanoke Valley for the 125th Anniversary Celebration, and the Roanoke Valley Court Appointed Special Advocates. With reference to funding of the Roanoke Valley Convention and Visitors Bureau, the City Manager called attention to a document indicating current appropriations by other Roanoke Valley jurisdictions to the Convention and Visitors Bureau (CVB). She stated that several years ago, the City of Roanoke increased the Transient Lodging Tax in order to provide additional funding to the CVB, but no similar action was taken by any of the other Roanoke Valley participating jurisdictions. She explained that when the CVB presented its Strategic Plan approximately 12-18 months ago, as a member of the CVB Board, she suggested that a funding plan also be created; the CVB came up with numerous ideas, but no additional money to produce the desired results, and she was of the opinion that the City of Roanoke should not be agreeable to continuing, or to increasing its share of contributions, if similar actions were not taken by other Roanoke Valley jurisdictions. She explained that two funding options were created and the Executive Director and the then President 1 were to visit other Roanoke Valley jurisdictions and present the request, however, the two funding options were not adopted or considered by the full CVB Board, although discussions were held with all jurisdictions except Roanoke County, and as a result of the meetings, polite responses were received, but no commitments to increase contributions were made. Slle stated that the matter is not so much a monetary issue as much as sending a message to the other jurisdictions that something must be done, and if the Roanoke Valley Convention and Visitors Bureau is to be the prime marketer of the region, something different must happen in terms of leadership and funding. She requested input by Council. Vice-Mayor Fitzpatrick suggested that funding for the Roanoke Valley Convention and Visitors Bureau (RVCVB) be decreased by $20,000.00 in fiscal year 2006-2007, with the understanding that funding will be decreased another 520,000.00 in each year for the next two fiscal years if the RVCVB does not produce the appropriate information. In order to send a stronger message to the Convention and Visitors Bureau, Council Member Dowe suggested a $30,000.00 decrease in funding in fiscal year 2006-2007 and a $30,000.00 decrease in fiscal year 2007-2008. 1 1 I I 499 Council Member McDaniel stated that if CVB funding is cut, the money should be used for promoting the City of Roanoke, particularly in the year of the City's 125'" Anniversary Celebration, and she would not support the reallocation of funds for the City's Annual Report. Council Member Cutler advised that although he was concerned about decreasing the budget of the Convention and Visitors Bureau, he understood the frustration as it relates to the unwillingness of other Roanoke Valley jurisdictions to make a fair contribution based on either formulas associated with hotel rooms or lodging and food tax, and a message must be sent to CVB staff as it relates to the lack of motivation to address this important issue. The Mayor suggested consideration of a funding formula that would devote a percentage of the lodging tax to the Roanoke Valley Convention and Visitors Bureau; whereupon, the Vice-Mayor suggested that the matter be discussed at a future meeting of the Mayor, Chair of the Roanoke County Board of Supervisors, City Manager and County Administrator. By consensus, Council decreased funding to the Roanoke Valley Convention and Visitors Bureau by $30,000.00 in fiscal year 2006-2007 and an additional $30,000.00 in fiscal year 2007-2008. Council Member Dowe left the meeting. With reference to Total Action Against Poverty (TAP) Community Development Initiative and Fork-lift Warehouse Operations Training Program, Mr. Stovall advised that the Community Development Initiative is funded as a direct appropriation from the General Fund; TAP requested funding for seven programs, and five programs are recommended for funding in the fiscal year 2006-2007 budget; and the Fork-lift/Warehouse Operations Training program is not recommended for funding. The City Manager questioned whether the Forklift Warehouse Operations Training program could be classified as a Workforce Development Program, as opposed to a City program. FolloWing further discussion, it was the consensus of Council to concur in the recommendation that funds not be appropriated for TAP's Forklift Warehouse Operations Training Program. 500 With reference to additional positions for the Clerk of Circuit Court, Mr. 1 Stovall advised that the Clerk previously requested three additional positions, one to support courtroom operation, one to support probate activity, and one to support the bookkeeping function. He stated that City staff talked with the Clerk of Circuit Court with regard to adding the positions over multiple years, and she, in turn, advised that at least two positions are needed for fiscal year 2007. He added that there was further discussion as to the possibility of reallocating Temporary Wage funding to support the addition of a second position; however, the Clerk expressed her willingness to use Temporary Wages to support a third position. The Mayor advised that he discussed the matter with the Clerk of Circuit Court and several of the Circuit Court Judges who advised that four judges are currently served by three clerks, and with the additional Commonwealth's Attorney position that is proposed for the purpose of addressing code enforcement issues, more activity will be generated through the court system. Therefore, he stated that at least two of the Circuit Court Judges have stressed the need for an additional Deputy Clerk II position. He advised that he supports the request of the Clerk of Circuit Court for two additional positions because the Clerk has done an outstanding job, she is a team player, she has raised considerable revenue for the City, and he takes seriously the request of the 1 Circuit Court Judges. By consensus, Council concurred in the request of the Clerk of Circuit Court for two additional employees. Vice-Mayor Fitzpatrick advised that if the Clerk requests a third position in fiscal year 2007-2008, the Temporary Wages account should be used as the funding source. With reference to cleanliness and beautification for the 125'" Anniversary Celebration of the City of Roanoke, Mr. Stovall advised that the recommended budget includes funds to celebrate the City's anniversary and to begin the Inaugural Arts Festival. Council Member McDaniel noted that additional funds are included in the City's fiscal year 2006-2007 recommended budget for hanging flower baskets and to address issues with regard to weeds and overgrown grass in the City's rights-of-way. 1 1 I 1 501 The City Manager advised that the Department of Streets and Traffic will be responsible for rights-of-way management; maintenance of rights-of-way is key to the appearance of the City and to properties adjacent to the City's rights- of-way; and after July 1, 2006, staff transfers will be implemented to provide that all rights-of-way management will be included in a single area of responsibility. Council Member McDaniel inquired about the condition of a junkyard behind the School Maintenance facility on Franklin Road; whereupon, the City Manager advised that she would call the matter to the attention of the Superintendent of Schools, and the Mayor stated that the matter would be discussed at the next meeting of the Mayor, Chair of the School Board, City Manager and Superintendent of Schools. Council Member Cutler stated that Valley Beautiful should be challenged to become more assertive in its efforts with regard to hanging flower baskets throughout the City. The City Manager referred to a suggestion offered by the Mayor to enlist the assistance of Roanoke Valley garden clubs in certain areas of the City, such as the former Transportation Museum site. She advised that staff of the Department of Parks and Recreation will contact local garden clubs to determine their level of interest. The Vice-Mayor called attention to the declining membership of garden clubs and adVised that this could be a way to reenergize garden clubs to become more active in public service. Council Member Cutler also suggested that neighborhood organizations and the Roanoke Neighborhood Advocates could become involved in beautification efforts: whereupon, the Mayor stated that it might be best to focus on one area and/or project at a time in order to build momentum. By consensus, Council concurred in the recommendation of the City Manager with regard to including funds in the City's fiscal year 2006-2007 budget to address cleanliness and beautiful of the City for the 12 5'h Anniversary Celebration. Mr. Stovall advised that $38,000.00 in CDBG funds is recommended for the Roanoke Valley Court Appointed Special Advocates Foundation (CASAl. He stated that CASA also submitted a late request for funding through the Human Services Advisory Board, which is not recommended by staff. 502 By consensus, Council concurred in the recommendation to allocate S38,OOO.00 in CDBG funding to CASA. I Mr. Stovall advised that a question was previously raised by a Member of Council with regard to funding for the New Century Venture Center; whereupon, he stated that the recommended budget does not include funds for the New Century Venture Center. Vice-Mayor Fitzpatrick advised that the New Century Venture Center has received grants, but no direct funds from the City of Roanoke, although the Center has requested funding for approximately the last five years. He stated that Roanoke County contributes $1,000.00 annually to the organization, and the City Manager pointed out that Roanoke County is the only local jurisdiction that provides financial assistance. By consensus, Council authorized $1,000.00 to be allocated to the New Century Venture Center. Vice-Mayor Fitzpatrick advised that Roanoke Emergency Medical Services (EMS), which is the volunteer partner of the City's EMS group, has experienced problems in connection with covering the assigned area from Fire Station No.1 and has, therefore, requested additional funds. He stated that if the organization cannot meet the terms of the contract, the City may need to fund I additional full time EMS employees and the Acting Chief of Fire/EMS will continue to study the matter. The City Manager pointed out that the City antiCipates receipt of the consultant's report on Fire/EMS operations within in the next 30 days, and the report may contain certain recommendations that will address the issue, or'a different configuration of staffing. Council Member Cutler called attention to various initiatives that were implemented by the City during his four year tenure on Council with regard to natural resources, parks, protection of the Roanoke River, the Master Plan and better management of Mill Mountain Park, and the City's assumption of responsibility for the Carvins Cove natural reserve as a City park. He referred to a map showing the boundaries of Carvins Cove National Reservoir Park which is a 12,000 acre park maintained by the City; and advised that the City Manager 1 1 I 1 503 supported an initiative involving the National Park Service, and other agency representatives initiated a Master Plan for Carvins Cove Park that should be continued and completed, to be followed by a detailed plan. He further advised that Mill Mountain Park, Carvins Cove Reservoir Park, Roanoke River Park and other major parks in the City of Roanoke have a great opportunity for conservation, recreation and economic development, and encouraged the City to move forward from the planning process to a management process that could involve more intensive activity, whether it be law enforcement, trail management, or modest structures over the next few years. The Mayor advised that a communication will be included on the May 15, 2006 City Council agenda to initiate the process for demolition of Victory Stadium. He also advised that he has recommended to the City Manager that bricks from Victory Stadium be made available to the community, free of charge, as mementos, although a limit should be placed on the number of bricks per person, and the City should retain some of the bricks to be used in some form as a Victory Stadium memorial. He added that in moving forward, Council should signal to the community that the future design of the park will involve a commemoration of the fact that Victory Stadium was located on the .. site, along with some form of commemoration of Coach Bob "Guts" McClelland. Council Member Cutler inquired if there are concerns with regard to a communication from Norfolk and Western Railway as to a future use of the Victory Stadium site; whereupon, the City Attorney advised that the only party who would have standing to invoke any portion of the deed restrictions would be the railroad, which has not chosen to become involved in the debate over the past several years. The City Manager called attention to previous correspondence with Norfolk Southern Railway in which the City requested the Railway to relieve restricted covenants on the property; and the Railway was amenable to the request, but stated a preference not to do so until such time as a specific reuse of the property is identified. The City Attorney advised that there has been considerable misinformation with regard to the letter from Norfolk & Western Railway, it is clear that there is no reversion provision, the property does not return to the railroad under any circumstance, and it has been stated that the City will maintain recreational uses on the site. 504 The City Manager called attention to Citizen's Appreciation Day which will I be held on Saturday, May 6, 2006, from 10:00 a.m. to 3:00 p.m., at Valley View Mall and encouraged the Members of Council to attend the event. There being no further business, at 11 :35 a.m., the Mayor declared the Council meeting in recess until Thursday, May 11, 2006, at 2:00 p.m., in the City Council Chamber, for the purpose of considering measures to adopt the City of Roanoke's 2006-2007 fiscal year budget, the City's real estate tax rate, and tax rate increase(s). The Council of the City of Roanoke reconvened on Thursday, May 11, 2006, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding. PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson Harris------h-u---ouuuuo-uuuuo-5. ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council Member Alfred T. Dowe, Jr. _nnn__nn__nnUU__hUUUnn_mnmuu____n_n____n_______nnn_n_____U- 2. The Mayor declared the existence of a quorum. 1 OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures enacting the City of Roanoke's 2006-2007 fiscal year budget real estate tax rate, and cigarette tax increase. BUDGET: The Director of Finance submitted a Certificate of Funding certifying that in accordance with paragraphs (h) and (i) of Section 25.1 of the Charter of the City of Roanoke, funds required for the 2006 - 2007 General Fund, Civic Facilities Fund, Parking Fund, Market Building Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, and Grant Fund budgets will be available for I appropriation. I I I 505 The Director of Finance advised that to date the State budget has not been adopted; a number of revenue estimates included in the recommended City's budget which is presently before the Council for adoption include revenues to be provided by the State; approximately 20 to 25 percent of the City's revenue source is derived from the State, therefore, should the State significantly change any revenues committed to the City in the proposed budget, Council will be requested to approve the necessary adjustments to the fiscal year 2006-2007 budget. Without objection by Council, the Mayor advised that the Certificate of Funding would be received and filed. PARKS AND RECREATION-FEE COMPENDIUM-LIBRARIES: The City Manager submitted a communication advising that in developing the budget for fiscal year 2006-2007, City departments were requested to look at fee structures and, where feasible, to propose fee schedule (compendium) changes that focus on recovering the cost of providing services. It was further advised that the recommended fiscal year 2006-2007 budget incorporates proposed fee structure changes for copy charges, EMS Fee Structure and initiation of a Best Seller Book Rental program. It was explained that currently, the charge for copies is $0.05 per page or impression; and to fully recover the cost of making copies, the proposed amendment will result in the following structure: Pa er Size __. lC~i~'r Co"'py. 8.% .~J 1 (letter) __ \$0.20 per impression 8 % x__!4 (Ie al) ,s,9.?S er im ression 11 x17 SO.30 per imQres_~.!.~n Black and White Co $0.10 per imQres~i.9.!!..... $0: 15 per impressi00 $0.20 er.i.'!l..Qression The City Manager advised thin currently, EMS fees for Basic Life Support Emergency ($280.00), Advanced Life Support Emergency (S330.00), and Advanced Life Support Level 2 (5475.00) are below the maximum allowed by Medicare; and an amendment to the fee structure will result in changing the following amounts: ¡ Pro osed $300.00 $360.00 $550.00 Basic Life Su ort (BLS) Emer enc Advanceß_Lif~ Support (ALS) Emergenc ¡Advanced L'-fe. Su ort (ALS) Level 2 506 It was noted that the Roanoke Public Library System will initiate a program to provide additional best seller books earlier to patrons who do not wish to wait for a book to become available; and the cost to patrons will be $2.00 per book per week. 1 The City Manager recommended that Council adopt the appropriate measures and amend the City's Fee Schedule (Compendium) to reflect the above referenced fee changes, effective July 1, 2006. Council Member Cutler offered the following resolution: (#37378-051106) A RESOLUTION amending the City's Fee Compendium imposing fees for accessing, duplicating, supplying, or searching for requested public records and copy charges within all City Departments; and providing for an effective date. (For full text of resolution, see Resolution Book No. 70, Page 275.) Council Member Cutler moved the adoption of Resolution No. 37378- 051106:' The motiön -was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor I H arri S---n------u---------------------------------------------------- 0000_________000000______________000000_00 5 . NAYS: No n e __nm oomoonnnm mnnmoooooooooooon_nn_nm 00___________00____00___0000000. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) Council Member Cutler offered the following resolution: (#37379-051106) A RESOLUTION amending the City's Fee Compendium imposing certain fees for the provision of certain emergency medical services; and providing for an effective date. (For full text of resolution, see Resolution Book No. 70, Page 276.) 1 1 1 1 507 Council Member Cutler moved the adoption of Resolution No. 37379- 051106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s no - - nnn -00--- - - 000000_0000 - - - - 00 Un 00 _ _ _ 0000 _ _ 000000 _ _ __ _00_00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 00 0000 - - -_ un - - _00_00 - -- 5 . NAYS None _n_______uuuu_____u____nn____Um___._uu______oonOOOO___nnn--000000-----0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) Council Member Cutler offered the following resolution: (#37380-051106) A RESOLUTION establishing certain fees for the rental of best seller books from the City's libraries; and providing for an effective date. (For full text of resolution, see Resolution Book No. 70, Page 277.) Council Member Cutler moved the adoption of Resolution No. 37380- 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a rri s - - - - - 00 - - - - 00 00 - - on - - - - - - - - - - 00 0000 - _ _ _ _ _ 000000 _ 00__00 - - ___00_ __ 000000_ _ _ _ _ _ _ 00_0000 _ _ _ 0000 00 _ _ 000000 - - -00 5 . NAYS None _0000_______0000_00____0000__000000___0000_00.__00_00___00000000_____00__00__0000____00000. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-CITY CODE-TAXES: The City Manager submitted a communication advising that given the fact that for the past few years, City assessments on real estate have increased at a rate above normal, consideration for a reduction in the real estate tax rate was referred to fiscal year 2006-2007 budget study; the increase in real estate tax rate assessments in recent years has been driven by the healthy real estate market; property sales have been positively impacted by low interest rates which attract borrowers; and Roanoke's assessment growth of recent years is consistent with real estate trends nationwide. 508 It was further advised that a reduction in the real estate tax rate from 1 $1.21 to $1.19 per $100.00 of assessed value is proposed; the proposed reduction of $0.02 will result in a revenue reduction of approximately $1,134,000.00; and to achieve revenue neutrality and to mitigate the impact of funding provided to Roanoke City Public Schools via the current funding formula, an increase in the cigarette tax of $.0135 per cigarette ($0.27 per 20 pack) is proposed, which will result in additional revenue of approximately $1.5 million, of which approximately $1.1 million will be used to offset the real estate tax rate reduction and the balance of $.4 million will be used to provide debt service for a bond issuance of $5 million for curb, gutter, sidewalks and bridge renovation. The City Manager recommended that Council adopt an ordinance amending Section 32-16 of the City Code reducing the real estate tax rate from $1.21 to $1.19 per $100.00 of assessed value, effective July 1, 2006; and adopt an additional ordinance amending Section 32-190 of the City Code to increase the cigarette tax from $.0135 per cigarette to $.027 per cigarette, effective July 1, 2006. Council Member Cutler offered the following ordinance: (#37381-051106) AN ORDINANCE amending §32-16, Levied; rate, Code 1 of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.21 on everyone hundred dollars of fair market value to $1.19 on everyone hundred dollars of fair market value; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 278.) Council Member Cutler moved the adoption of Ordinance No. 37381- 051106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a rri s nn_ _ _ _ _ _ _ _ _ _ _ _00000000__ _ _ __ 00000000 00 _ - 0000- 00 - - - - - - - - - - noon 00 _ - 00 n_____nn - - 00 000000 - - - - - - - - - - - - 00 - 5 . NAYS N 0 ne_unnn________nnn___nn_nn___n__uuu__n____nnn__n__________00__00_00__000. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) 1 1 1 1 509 Council Member Cutler offered the following ordinance: (#37382-051106) AN ORDINANCE amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.0135 per cigarette to $.027 per cigarette; providing for an effective date of July 1, 2006, and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 275.) Council Member Cutler moved the adoption of Ordinance No. 37382- 051106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s - _0000_ 00 n__ - - 0000 - - _ _ _ _ _ noon _ _ _ _ _ _ no 00_ _ _ _ 0000 _ _ _ _ 00 00 _ _ _ _ 00____ _ _ _ _ 00 _ 00 00 _ _ _ _ 00 0000 - - - - 0000 - - - - ---- - 5 . NAYS Non en- ____00____0000_____.00___________000000__00000000__00__0000__00_000000___-0000____00__0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-CITY CODE-TAXES: The City Manager submitted a communication advising that the initial Elderly and Disabled Tax Relief Program for the City of Roanoke was made effective on July 1, 1989; since that time, several revisions have been made to the limits of the program, the latest of which was effective July 1, 2001; currently, the total combined annual household income threshold limit is $30,000.00 and the net combined financial worth threshold, excluding the value of the primary residence, is $100,000.00 for qualified real estate tax exemption; and given the fact that for the past few years, assessments on real estate have increased at a rate above normal, review of program eligibility guidelines was referred to fiscal year 2006-2007 budget study. It was further advised that in evaluating revisions to eligibility guidelines, consideration was given to the change in the Consumer Price Index since the last revision to the guidelines; comparison was also made with regard to programs in place in Virginia's First Cities and in surrounding localities; and based on research, it is prudent to revise the total combined annual income threshold to $34,000.00 and the net combined financial worth threshold to $125,000.00. 510 The City Manager recommended that Council adopt an ordinance amending Section 32-86 of the City Code to increase the total.combined annual income threshold to $34,000.00 and to increase the net combined financial worth threshold to $125,000.00 for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1,2007. 1 Council Member Cutler offered the following ordinance: (#37383-051106) AN ORDINANCE amending and reordaining §32-86, Financial eliqibilitv, Code of the City of Roanoke (1979), as amended, by adding a new subsection (g) increasing from $30,000.00 to 534,000.00 the total combined annual income threshold and increasing from $100,000.00 to $125,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 2007; amending current subsection (g) of §32-86, Financial ~Jjgibill!Y, to redesignate such subsection as subsection (h); and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 279.) Council Member Cutler moved the adoption of Ordinance No. 37383- 051106. The motion was seconded by Council Member McDaniel and adopted 1 by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H arri s_____n____n_n____________uuu____uu_________uuuuu______uuu_________m______________________ 5 . NAYS: None _u_u_uuunnnnumnnnnnnun_nnnmnnnnu_unun_________________O. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) CITY MARKET-BUDGET-GRANTS-FLEET MANAGEMENT-ROANOKE CIVIC CENTER-COMMUNICATIONS DEPARTMENT-RISK MANAGEMENT FUND-SCHOOLS: Council Member Cutler offered the following budget ordinance: (#37384-051106) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2006, and ending June 30, 2007; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 279.) 1 1 1 1 511 Council Member Cutler moved the adoption of Ordinance No. 37384- 051106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s _00_ - _nn - 000000 - - 00 _ 00 _0000_ 00 00 00__ _ _ _ _ _ 00 _ 00_ _ _ _ _ 00_00_ _ _ 00 00 _ _ _ _ _ _ 00___0000 _ _ 00 00 - - - - 0000 00 -00--- - - -00 5 . NAYS: No ne__u________noo________u____u _______0000_00_000000______00_00_______00___000000___00__0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) POLICE SHERIFF-CITY ordinance: DEPARTM ENT-BU DG ET-FI RE DEPARTM ENT -COM M ITTEES-ClTY EMPLOYEES: Council Member Cutler offered the following (#37385-051106) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2006; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; authorizing annual salary increments for employees performing fire inspector duties; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; repealing, to the extent of any inconsistency, Ordinance No. 37047-051005, adopted May 10, 2005; providing for the salaries of the City's Constitutional . Officers; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 281.) 512 Council Member Cutler moved the adoption of Ordinance No. 37385- 051106. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s __ - - - - - 00 00 nnn 00 _ _ _ _ _ 00 _000000_ _ _ _ _ - - - - 00 - 00 _ _ 00 0000__00 -- 00 - - - 00-00 00 - - - - - U 0000_00_ 00 -- - - - - - - - - - - - - - - - 5 . 1 NAYS: Non e __noo_____n_n_____nnmnm m 0000 mnnn_m__nn_n_nnn_n__n__uh_nn_O. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-PENSIONS: The City Manager and the Director of Finance submitted a communication advising that retirees of the City of Roanoke Pension Plan (Plan) are awarded cost-of-Iiving adjustments (COLAS) on an ad hoc basis by Council; the Plan does not include a provision for an automatic COLA due to the significant actuarial cost and related increase in contribution rates, thus, COLAS are not pre-funded in the Plan, but rather the increased cost is recognized when the increase has been awarded; factors considered as a part of the recommendation for a COLA include change in the Consumer Price Index, the amount of raises provided by similar Plans within the State, and most importantly, affordability to the Plan to assure that the Plan remains well funded to sustain the current level of benefits; and eligible members of the City of 1 Roanoke Pension Plan received a 2.25% cost-of-living adjustment on July 1, 2005, which was the tenth consecutive COLA provided to eligible retirees. It was further advised that all City employees are members of the Roanoke City Pension Plan (the Plan); the City's Plan, when compared to the State pension plan (The Virginia Retirement System) and other locality- sponsored Plans, provides above-average benefits; the City's plan also includes a provision for an additional supplement of $3,105.00 (indexed) annually for employees with a minimum of 20 years of service; the supplement is intended to help offset the cost of health insurance and is paid until the retiree reaches age 65, the age of Medicare eligibility; additionally, the City sponsors a 457 Deferred Compensation Plan allowing employees the opportunity to save for retirement while reducing current taxable income; savings are enhanced by a City match of $650.00 annually; and the City's pension plan, when coupled with the deferred savings plan and added to social security, provides a career employee with the opportunity to replace most of their pre-retirement income upon retirement. I 1 I I ..···1· 513 It was explained that the required contribution rate for the pension plan to fund the current level of benefits will increase for fiscal year 2006 from 12.61 per cent to 15.11 per cent of payroll; the additional cost to the General Fund is approximately $1,500,000.00; the rapidly rising increase in contribution rates is due to a combination of factors; a stock market downturn from 1999 to 2002 resulted in lesser investment returns for the Plan; additionally, significant enhancements were made to the Plan in 1999 and again in 2000; the above mentioned pension supplement was added to the Plan in 2001; the cumulative effect of granting annual COLAS adds significant cost to the Plan; and the combination of these factors has resulted in increasingly higher contribution rates to sustain the Plan. It was stated that based on a poll of COLAS recommended, or to be recommended by other localities within the State, the Consumer Price Index and the City's ability to absorb increased funding to the Plan, a three per cent COLA appears to be reasonable; a recommended three per cent increase to eligible members of the Plan, effective July 1, 2006, will increase the average annual retirement allowance for eligible retirees by approximately $382.00, or a total of an additional $594,643.00 in annual benefits; the actuarial cost of a three per cent COLA is estimated at 55.7 million funded over the next 20 years through the annual payroll contribution rate, which results in an increase of approximately $378,000.00 in annual contributions to the Plan; all City operating funds, along with the Roanoke Regional Airport Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, Western Virginia Water Authority, and the Commonwealth of Virginia will assume their pro rata cost for funding the COLA; and the City's pro rata share of the increase is approximately $333,000.00 for fiscal year 2007. It was explained that the recommended increase will apply to those retirees who retired on or before July 1, 2005, i.e., those retirees who have been retired for at least one year; approximately 1,555 of 1,634 retirees, or 95 per cent of those receiving benefits as of March 31, 2006, will be eligible for the increase; the increase will also apply to a member's or surviving spouse's annual retirement allowance; and the increase will not apply to any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, or to the retirement supplement paid according to Section 22.2-61 of the Code. 514 It was noted that a request was also referred to fiscal year 2006-2007 I budget study to consider a supplemental allowance for health insurance for City retirees who are 65 years of age or older; the Plan currently provides a monthly supplement of 75 per cent of the amount of the health insurance supplement provided to active employees, or $258.75, to retirees with at least 20 years of service until age 65; the supplement is provided to complement the pension allowance until Medicare eligibility and is responsible for a significant portion of the overall cost of the Plan; upon reaching Medicare eligibility, retirees are eligible to begin receiving both hospital and medical benefits: and a new drug benefit program began in January 2006, Medicare Part D, that assists with outpatient prescription drugs. The City Manager and the Director of Finance recommended that Council adopt an ordinance granting a three per cent cost of living adjustment for eligible retirees; the related cost to the City will be approximately $333,000.00 in additional contributions to the Plan; and due to the significant increase in contributions currently required to sustain the current level of benefits and to provide a COLA, any benefit changes such as the requested supplemental allowance for health insurance above noted that would result in additional funding requirements for the pension plan is not recommended. Council Member Cutler offered the following ordinance: 1 (#37386-051106) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 283.) Council Member Cutler moved the adoption of Ordinance No. 37386- 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s - - - - - 00 00 00 00 00 _ _ _ _ 00 _ 00 _00___ _ _ _ _ _ _ _ _ 00 __n -__ 00 _ _ __ _00_00 -_ __ -- __0000 00 - - - - - 00 un 00 - - - - - - - - - - - - - - 00 _00_ - 5 . NAYS: None 0000_____00000000________00_____________0000_______0000_____000000_00__0000____00_______0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) I 1 I I 515 BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a communication advising that the Capital Improvement Program (ClP) for Fiscal Years 2007-2011 is a plan recommended for approval by Council for capital expenditures to be incurred over the next five years, in order to address the priority long-term capital needs of the City of Roanoke; the ClP reflects the current status of projects which have previously been approved and funded by Council, and is a revision to the Fiscal Years 2006-2010 Capital Improvement Program approved by Council on May 10, 2005; and the CIP also reflects all planned future debt issuance for projects included in the upcoming five year period. It was further advised that on April 17, 2006, Council received the proposed Capital Improvement Program for Fiscal Years 2007-2011 as part of the Recommended Resource Allocation Plan; the Capital Improvement Program Summary Section in the document provides a summary of projects; the Capital Improvement Program for Fiscal Years 2007-2011 is comprised of capital projects, with an estimated cost of project completion totaling $235,349,986.00; the CIP includes the addition of the Police Academy, Library Study, Streetscape Improvements, and Market District Plan projects; and also reflects additional funding for curb, gutter, sidewalks, and bridge renovation via debt issuance of $5 million funded from an increase in the cigarette tax. It was explained that adjustments have been made since the Recommended Resource Allocation Plan was presented; and adjustments reflect the following revisions to the Roanoke City Public Schools CIP which was adopted by the School Board on May 9, 2006. · An increase in the cost of the high school renovation projects (Patrick Henry High School, $1,375,000.00, and William Fleming High School, $625,000.00). The increase in costs will be funded from School capital reserve (cash funds); · A change in the timing of expenditures for the Patrick Henry High School renovation project; · The addition of stadiums at Patrick Henry High School and William Fleming High School; · Exclusion of elementary school renovation projects involving classroom additions; 516 · It should be noted that the School CIP contains a future issuance of $2,000,000.00 in Virginia Public School Authority (VPSA) bonds for renovations at Raleigh Court Elementary School; this debt issuance is not included in the City's CIP as it is above the level of school debt agreed to when the cost of the high school renovation projects increased during FY 2003-2004; the School Board must request approval to add the issuance of this debt to the City's CIP. It was noted that debt will be issued during fiscal year 2006-2007 for the following projects: Patrick Henry High School Elementary School Renovations - Fallon Park - Wests ide - Monterey $ 7 ,500,000.00 $7,010,900.00 ($1,160,900.00) ($3,850,000.00) ($2,000,000.00) 1 The City Manager recommended that Council adopt a resolution endorsing the update to the CIP; and appropriate $2,829,891.00 included in the FY 2006-2007 Transfer to Capital Projects Fund, Account No. 01-250-9310- 9508, to the respective capital projects accounts established by the Director of I Finance for the following projects: · $500,000.00 to Capital Project Account No. 08-530-9552 for Bridge Maintenance · $139,000.00 to Capital Project Account No. 08-530-9823 for Police Academy Construction and A&E · $49,820.00 to Capital Project Account No. 08-530-9736 for Stormwater Management · $310,000.00 to Capital Project Account No. 08-530-9575 for Transportation Projects · $430,896.00 to Capital Project Account No. 08-510-9620 for Roanoke River Flood Reduction · $100,000.00 to Capital Project Account No. 35-615-8119 for Home Investment Partnership Program Match · 5300,000.00 to Capital Project Account No. 08-61 5-9862 for Market Rate Purchase Rehabilitation I 1 I I 517 · $175,000.00 to Capital Project Account No. 08-615-9863 for Market Rate Mortgage Assistance · $100,000.00 to Capital Project Account No. 08-615-9864 for a Housing Initiatives Consultant · $100,000.00 to Capital Project Account No. 08-615-9867 for a Housing Pattern Book · $385,000.00 to Capital Project Account No. 08-530-9837 for Police Building Demolition · $50,673.00 to Capital Project Account No. 17-440-2642 for Fleet Replacement · $94,751.00 to Capital Project Account No. 13-430-1602 for Technology · $94,7 51.00 to Capital Project Account No. 08-440-9854 for Capital Building Maintenance The City Manager further recommended that Council appropriate $1,100,000.00 of residual equity from the close-out of Water and Sewer funds to: · Roanoke Redevelopment and Housing Authority - Virginia Scrap Iron Virginia Remediation Program, Account No. 08-310-9688 - $100,000.00 · Riverside Centre - Streetscape, Account No. 08-530-9838 - $200,000.00 · Gateway Streetscape, Account No. 08-530-9847 - $100,000.00 · Downtown and Village Streets cape, Account No. 08-530-9849 - $300,000.00 · Market District Plan, Account No. 09-310-8134 - $200,000.00 · Code Enforcement Program, Account No. 08-615-9868 - $70,000.00 · Capital Project Contingency, Account No. 08-530-9575 - $130,000.00 Council Member Cutler offered the following resolution: (#37387-051106) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 11, 2006. (For full text of resolution, see Resolution Book No. 70, Page 284.) 518 Council Member Cutler moved the adoption of Resolution No. 37387- I 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s - - - - - - - - - 00 __0000 - - - - - - - - - 00- - - - - - - - - - - - _n_ - - - 00-00- -_ - - - - - - -000000- - - - - - - - 00 0000 00 - - - - - - - - - - - - - - 00 00 00--- 5 . NAYS: No n e _nnn__nnnn_n_n_n_nmnnn_n_nnnnnn__nn_n_nun__uu_hnnn___O. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) Council Member Cutler offered the following budget ordinance: (#37388-051106) AN ORDINANCE to appropriate funding for the FY 2007-2011 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2006-2007 General, Capital Projects, Market Building, Department of Technology, Fleet Management, and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 288.) Council Member Cutler moved the adoption of Ordinance No. 37388- I 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s - - - - - -- 00 -00-0000 - - - - - - - 00 .--00- - - - - - - 00 Un - -- -- -00- 00 - - - - - - 00 ------ - - - - - - - - - 000000 - - - - - - - - - - - - - - - - 00 00 -- - 5 . NAYS: Non e _mnn_mnnnn__n_n____ - - - 00 m_nnnn_oon__n____nn_nn_nnnnnnmnO. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-Y.M.C.A.-GREENWAY SYSTEM: The City Manager submitted a communication advising that beginning in fiscal year 2002, the City of Roanoke committed to a $2.0 million investment, to be paid in $200,000.00 increments over a ten-year period to the Downtown Family YMCA; funds cover costs associated with the design and construction of a new central branch YMCA complex: and City residents will receive a discounted membership rate, which will allow them to visit any YMCA facility, including the faCility in the City of Salem. 1 1 1 1 519 It was further advised that beginning in fiscal year 2002, the City of Roanoke also committed to contributing $200,000.00 per year for ten years for a total of $2.0 million to the Roanoke River Greenways project and greenways development; greenways have become a necessary commodity for communities across the United States since they are viewed as an essential amenity that encourages economic development; greenways connect people to various aspects of a community such as parks, shops, schools and neighborhoods; the City of Roanoke currently has several greenway projects underway in various stages of development, with a core design element to include connections to Roanoke's primary greenway artery, the Roanoke River Greenway; and significant progress has been made in the construction of the greenway system which includes the Mill Mountain Greenway, the Lick Run Greenway, the Murray Run Greenway and the Roanoke River Greenway. The City Manager recommended that Council adopt an ordinance appropriating $200,000.00 from the Economic and Community Development Reserve to the Downtown Family YMCA, Account No. 08-620-9757-9003, and appropriating 5200,000.00 from the Economic and Community Development Reserve to Greenways Development, Account No. 08-620-9753-9003. Council Member Cutler offered the following budget ordinance: (#37389-051106) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the YMCA Aquatic Center and the Greenways Development Projects, amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 290.) Council Member Cutler moved the adoption of Ordinance No. 37389- 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r ri s ___00 00 - - - - _00 - - - 00 - - - - - - - - - - - 00 00 _ _ _ _ _ _ _ _ 0000 _ _ _ 0000 _ _ _ _ 00 uun - _ u _n___ _00 _ _ nun _ _ _ _ 00 00 _ _ _ _ 0000 - - _00 5 . NAYS: No n e n_n_________nnn_UUU____uu_____unn______nn____nnu_u__nun00---00----0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) 520 BUDGET-ENTERPRISE ZONE: The City Manager submitted a 1 communication advising that the new Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act; an Enterprise Zone is a geographically defined area designated by the Governor; the State and local government must enter into a ten year partnership to encourage business expansion and recruitment by offering both State and local incentives; the City of Roanoke currently has two zone boundaries, Zone 1 A and Zone 2: the main difference is that the facade grant is available only in Zone 1 A and maximum caps differ slightly for certain incentives; and the zones expire on December 31, 2023 for Zone lA and on December 31,2015, for Zone 2. It was further advised that a requirement of designation is that the City of Roanoke must offer certain local incentives which were set forth in the original application and subsequent amendments approved by Council; and in order for the City of Roanoke to continue to offer local incentives as set forth in the designation application and subsequent amendments, an annual appropriation of funds is needed. The City Manager recommended that Council adopt an ordinance transferring $280,000.00 from the Economic and Community Development I Reserve to the following accounts: · Account No. 08-310-9630-9003, (Enterprise Zone Rebates) - $100,000.00 · Account No. 08-310-97369003 (Enterprise Zone Facade Grants) - $150,000.00 · Account No. 08-310-9738-9003 (Enterprise Zone Fee Grants) - $30,000.00 Council Member Cutler offered the following budget ordinance: (#37390-051106) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 289.) 1 I I 1 521 Council Member Cutler moved the adoption of Ordinance No. 37390- 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H arri soo_oon_____n______oonn____n 0000_______00__ ______00______ 00____0000__ .____00_00_____00______000000___00 5. NAYS: Non e moo _oonnnoo__nn__Uoonn_m mn_oonnoo_____n___uoonnnnoooon_oohU___O. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-HOUSING/AUTHORITY: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funding, the U. S. Department of Housing and Urban Development (HUD) requires that localities such as the City of Roanoke submit a five-year Consolidated Plan (CP) and Annual Updates (AU); the City's current, HUD- approved five-year CP covers the period from July 1, 2005, to June 30, 2010, and was developed through an extensive process beginning in the spring of 2003; public participation in the CP included community representatives on the Plan's steering committee, public meetings to obtain community input, information disseminated to the Roanoke Neighborhood Advocates (RNA), information made available on the City's website, including the ability to provide comments through e-mail, information in the print media and announcements to a mailing list of more than 400 organizations and individuals. It was further advised that in a letter dated March 31, 2006, Council Members received a summary version of the draft 2006-2007 Annual Update (AU) to the City's HUD Consolidated Plan, which included the tentative CDBG, HOME and ESG funding recommendations for fiscal year 2006-2007 and related information; comparable information was also provided to City Council on April 17, 2006, as part of the Recommended Resource Allocation Plan; as with the five-year CP, outreach to engage the public in the 2006-2007 AU process took several forms; public meetings were held on November 3, 2005 and March 30, 2006, as well as a City Council public hearing on April 27, 2006; those attending the March 30'h meeting received the same summary version of the AU provided to City Council; the summary plan was made available on the City's website, with links to the full five-year plan and to allow e-mail comments on 522 the documents; the summary was also provided to RNA members and neighboring localities; letters to the mailing list provided information about upcoming meetings, how to obtain additional information and how to comment, and ads were placed in The Roanoke Times and The Roanoke Tribune; and copies of the complete draft 2006-2007 AU were placed at all library branches and the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's Office and the Department of Management and Budget for public inspection for a 30-day period beginning April 4, 2006. It was further advised that funding for fiscal year 2006-2007 will be available from the following sources: New HUD Entitlements Estimated New Program Income Local HOME Match Funds Estimated Prior Year Excess Program Income Estimated Prior Year Carry-over 52,665,532.00 455,431.00 100,000.00 365,000.00 144.515.00 $3,730,4 78.00 Total HUD Funds To ensure that the City's HUD fiscal year begins on July 1, 2006, it was noted that HUD must receive the Annual Update by May 16, 2006. The City Manager recommended that Council approve the 2006-2007 Annual Update, as abstracted in an attached summary, and that the City Manager, or her designee, be authorized to submit the complete Annual Update to HUD for final review and approval, including execution of all necessary documents pertaining thereto, such documents to be approved as to form by the City Attorney, Council Member Cutler offered the following resolution: (#37391-051106) A RESOLUTION approving the 2006-2007 Annual Update ("Annual Update") to the 2005-2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. (For full text of resolution, see Resolution Book No. 70, Page 275.) 1 1 1 1 1 I ., 523 Council Member Cutler moved the adoption of Resolution No. 37391- 051106. The motion was seconded by Council Member Lea. Council Member Wishneff advised that he may, or may not, be retained by Kuumba Community Health & Wellness Center to search for a new location; therefore, he stated that he would abstain from voting on the abovereferenced resolution. Resolution No.3 7391-051106 was adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, and Mayor Harris-----------------------------------------------------------------------------------------------------------Ll. NAYS: Non e unn___n__UU___hU_UUnu unn_nmnnnuunuu_n_n__uunnuunnn_O. (Council Member Wishneff abstained from voting.) (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) BUDGET-CITY CODE-CITY EMPLOYEES: The City Manager submitted a communication advising that City employees who utilize their personal vehicles in the performance of City of Roanoke business are currently reimbursed at a rate of $.325 per mile for the first 15,000 miles and $.13 per mile for all additional miles over 15,000 per fiscal year; and the rate was approved by Council on July 3, 2000, when Council set the rate at the rate established from time to time by the Commonwealth of Virginia for reimbursing State employees for such purpose. It was further advised that historically, the City of Roanoke has set its mileage reimbursement rate at the same level established by the Commonwealth of Virginia for State employees (as provided in the City Code), however, in consideration of the increase in the cost of motor fuels, it is recommended that the Internal Revenue Service standard mileage rate for reimbursement for business use be adopted by the City of Roanoke; the current Internal Revenue Service rate is $.445 per mile; use of the Internal Revenue Service rate for mileage reimbursement results in the use of the Internal Revenue Service rate for meals, lodging and mileage; and sufficient funding is budgeted in departmental accounts for fiscal year 2007. The City Manager recommended that Council authorize amendment of Section 2-35, "Use of Personal Automobile for City Business - Mileage Allowance", of the City Code, to establish that the City of Roanoke mileage reimbursement rate will be and subsequently remain at the same level as established from time to time by the Internal Revenue Service for reimbursement for business use. 524 Council Member Cutler offered the following ordinance: (#37392-051106) AN ORDINANCE amending '2-35, !,!~e of personal automobile for citv business- Mileaqe allowance, of Article III, Officers and Emplovees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, in order to link the mileage allowance paid to employees of the City for use of their personal vehicles on City business to the Internal Revenue Service's reimbursement rate per mile for business use; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 290.) Council Member Cutler moved the adoption of Ordinance No. 37392- 051106. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Cutler, Lea, McDaniel, Wishneff and Mayor H a r r i s -- - - - 00 _n___nn 00 - - - - - - - -- 00 - - - - - - - - -- 00___00__ - - - - - - -- 00 ---- - - - - --00 - - - - - - - - - -- 00 - - - - - - - - - - - - - - - - - - - - - - - 5 . NAYS: None _____00_____0000_____________0000_________00____________00___________0000------00-------0. (Vice-Mayor Fitzpatrick and Council Member Dowe were absent.) On behalf of the Council, the Mayor expressed appreciation to City staff for developing a budget for the City of Roanoke that is both responsive and responsible. He stated that the 2007 fiscal year budget reduces the real estate tax rate by two cents, and the loss of revenue will be offset by an increase in the cigarette tax; and ten additional police officer positions are funded in the budget, as well as a number of other initiatives. The City Manager was requested to review revisions to the fiscal year budget as a result of actions that were taken by the Council during budget study on Thursday, May 4, 2006. 1 1 The City Manager advised that the May 4 budget study session resulted in approximately $80,000.00 of changes to the fiscal year 2007 budget. She stated that her original recommendation to reduce the appropriation to the Roanoke Valley Convention and Visitors Bureau budget by $60,000.00 was later changed by the Council to a $30,000.00 reduction, a contribution of $1,000.00 was approved for the New Century Venture Center, a part-time position was authorized to monitor the condition of the escalator and the general condition of the walkway between The Hotel Roanoke and downtown Roanoke, as well as to respond to questions and provide direction to visitors, in the amount of $17,000.00, and the Council reinstated additional Deputy Clerk II position to I the budget of the Clerk of Circuit Court. I I I .;.. " ~;".' 525 There being no further business, the Mayor declared the meeting adjourned at 2:30 p.m. APPROVED ÄTT,:: J ~ Mary F. Parker City Clerk c}vM,,~ C. Nelson Harris Mayor 526 ROANOKE CITY COUNCIL May 15, 2006 I 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 15,2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, 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, Beqular Meetin.~, 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 Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris _____nm_nmmmm_mmm__n__mmm_mm_m______nuummnn____7. tlBSlE:NT: NClr\e-------------------------------------------------------------------------------------------0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, I City Clerk. The invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTSl: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Delegate Onzlee Ware read House Joint Resolution No. 90 which was adopted by the House of Delegates on January 13, 2006, and concurred in by the Senate on January 19, 2006, recognizing the service of Council Member M. Rupert Cutler: "WHEREAS, Dr. M. Rupert Cutler, respected citizen and City Council member since 2002 is recognized for his outstanding service to the City of Roanoke, and, I ,'. 527 1 WHEREAS, a native of Detroit, Michigan, Rupert Cutler earned an under graduate degree in Wildlife M.anagement from the University of Michigan, and Masters and Doctoral degrees from the Department of Resource Development of Michigan State University, and, WHEREAS, Rupert Cutler was an editor for Virginia Wildlife and National Wildlife, and for the magazine of the Virginia Game Department, and served as the Assistant Director of the Wilderness Society, Director ofthe Population Environment, Vice President of the National Audubon Society, and President of Defenders of Wildlife, and, WHEREAS, because of his vast knowledge of natural resources and environmental issues, Rupert Cutler was appointed by President Jimmy Carter to serve as Assistant Secretary of Agriculture for Conservation Research and Education in 1977, and he served as Policy Director for the United States Forest Service Soil Conservation Service and various agencies of the Department of Agriculture until 1988, and, . I WHEREAS, Rupert Cutler has generously given of his time and talents on numerous Civic organizations and advisory boards, including Director of Virginia Explore Park, and founding Director of the Western Virginia Land Trust, Chairman of the Board of the Western Virginia Water Authority, Trustee of the Virginia Outdoors Foundation, President of the Kiwanis Club of Roanoke, and as a member of the Board of Opera of Roanoke, and, WHEREAS, Rupert Cutler has been a valuable member of Roanoke City Council from 2002 to 2006, and has contributed immensely to enhancing the environment and the quality of life for all the residents of Roanoke. NOW, THEREFORE, BE IT RESOLVED by the House of Delegates, the Senate concurring, that the General Assembly commends Dr. M. Rupert Cutler on his many achievements, and, BE IT RESOLVED FURTHER that the Clerk of the House of Delegates prepare a copy of this Resolution for presentation to Dr. M. Rupert Cutler as an expression of the General Assembly's gratitude for his outstanding service and commitment to the citizens of the City of Roanoke. I 528 On behalf of House Patrons Delegate Onzlee Ware and Delegate William I Fralin, Mr. Ware advised that the resolution is only a small token of appreciation for Dr. Cutler's life time of community service. Council Member Wishneff entered the meeting. PROCLAMATIONS-EMERGENCY MEDICAL SERVICES: The Mayor presented a proclamation to David H. Hoback, Acting Chief, Fire - Emergency Medical Services, declaring May 14 - 20, 2006, as Emergency Medical Services Week. PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a proclamation to A. L. Uoe) Gaskins, Chief of Police, declaring May 14 - 20, 2006, as National Police Week and Monday, May 15, 2006, as Peace Officers' Memorial Day. PROCLAMATIONS-PUBLIC WORKS: The Mayor presented a proclamation to Robert K. Bengston, Director, Public Works, declaring May 21 - 27, 2006, as National Public Works Week. Mr. Bengtson, recognized Laura Wallace, David Twigg, Lewis Andrews, Doug Beard, and Gary Walker, Public Works Department employees, who recently participated in a Heavy Equipment Rodeo in Richmond, Virginia, and advanced to I Virginia/Maryland/Washington, D. C. competition. He advised that they participated in events involving the operation of front end loaders, backhoes, snowplows, street sweepers, trash trucks, and Mr. Twigg was a first place winner due to his ability to maneuver a refuse vehicle with skill and dexterity. He presented a five minute video featuring the work of the City's Public Works Department. ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor congratulated Council Member Brenda L. McDaniel, recipient of the Hollins University Distinguished Service Award. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Closed Session to discuss vacancies on certain Council appointed boards and commissions; a ~equest to discuss the annual performance of three Council-Appointed Officers: and a matter with regard to acquisition of real property for public purpose, where 1 discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 1 1 I .' , ,. '. . . '. }".' ,...... 529 MINUTES: Minutes of the regular meeting of Council held on Monday, April 3, 2006, were before the body. Council Member Dowe moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harris-mmnmnnm__n__mmmmmm_mnm__umm_mnmmmmm____mumn 7. NAYS: No ne_mumnnnmu_mnnmnm_n___mmm_nnm_mmumnm_mmm__m_mO. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended, was before the body. Council Member Dowe moved that Council concur in the Mayor's request as abovedescribed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea. McDaniel, Wishneff, Cutler, Dowe, and Mayor Harrism_nmnnmm_______ummmnm_m_mmm____n_mm_mnmnnnmmnn___7. NAYS: None___mm_mm_n_mnmmmmm__mnnnmnm__mmmmmm_________m_mO. CITY COUNCIL: A communication from Council Member Alfred T. Dowe,Jr., Chair, City Council's Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of three Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended, was before the body. Council Member Dowe moved that Council concur in the request as abovedescribed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harri s u_unm___unn__n_mm_n_n_mm_mnnnnm__n_mnnm__n__n_n__m_u__7 . NAYS: Nonem-m-nnnn--___n_m_n_n_m_n_n__mnnm__n_nnmnm_m_nn____-000-000. 530 . CITY COUNCIL: A communication from the City Attorney requesting that I Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended, was before the body. Council Member Dowe moved that Council concur in the request of the City Attorney as abovedescribed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harris__n_n_nn_n___nn____nnn_m__m__n_m_mnn_n__m_n_m_m__m_nm_nnn 7. NAYS: Non e__n__n__n_m_m__n_m__n___m______mmnn_nn__mnmm_oo_m_m_m_unO. BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, recommending that Council concur in the appointment of Daniel E. Karnes as a member at-large of the Board of Directors Blue Ridge Behavioral Healthcare, to fill the unexpired term of John M. Hudgins, Jr., resigned, ending December 31, 2006, and a three-year term beginning January 1,2007 and ending December 31,2009, was before the body. It was explained that at a regularly scheduled meeting on April 6, 2006, the I Board of Directors voted unanimously to nominate Daniel E. Karnes to fill the Board member at-large vacancy which occurred upon the resignation of John M. Hudgins, Jr.; the unexpired term that Mr. Karnes will complete will expire on December 31, 2006, and his first full three-year term will commence in January 2007 and expire in December 2009. It was stated that because the by-laws require at-large appointments to be ratified by all member jurisdictions of the Community Services Board, the request will be sent simultaneously to the other four local governing bodies for ratification. Council Member Dowe moved that Council concur in the appointment of Daniel E. Karnes as a member of the Board of Directors of Blue Ridge Behavioral Healthcare as abovedescribed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayo r H arri S_noo__m_n_noo_oo____.____oon_noo_m_mmoooomoon__noo_m_____m_oo_nm000000_7. Nt\ 'fS: None---------------------------------------------------------------------------------------------0. I I I I 531 ELECTIONS-CITY COUNCIL: A communication from Carl T. Tinsfley, Sr., Secretary, Roanoke City Electoral Board, transmitting the following Abstract of Votes cast in the General Election held in the City of Roanoke on May 2,2006, was before Council. ABSTRACT OF VOTES cast in the City of ROA!-:OKr. al the May 2. 2006 General Election, for: . Virginia, MEMBER CITY COUNCIL AT I.ARGF. INJE",oT ~"Gr C'" APf'Il(.IPF ,llTE ¡;'~T"IC 0.<0 W"RD~"W N"II£I fJ' C"NOJl)"lÆ~..s .litfO_OIfSAUOI 70r.., VOJTS RfCflllED (lNI-lfõiIR£S) llo'l."1d ^. bllwer!!" ¿.710 '.J. GJOlllHr HI.c:Lorl(rnE: 4.ibl 1oi1l!jllm "Bill" w1Ii~.e. $t". 3,969 4,:14] 4,270 SO<: Mark C. ~cC"T1Tlcl ~tuilrt H. h~v~rc~rnb CST 1 D. (OC"PPT A1fred 'J. i)owp. Jr. .'i,5<'2 Rill C. ì.C'ckard 396 ¡;We!l W. M¡¡!icm s.an Ilavid :E. Trh:ldc ~.e71 Total Write·ln Votes [Valid Write·lns of Invalid Write-Ins I: 10181 W,ite_ln Votes] . 67 WiE, Ihe UflOf:.f$'pned ElttclOfDI SObra, upon e).(,mmät,on of the official recoros cJepe;/SilceJ with the Cier#f of thE' C,rellit Cúun 01 OlE (¡lee/IOn held on May;, 2006. do hEreto}' certify tMt the; st,ove 1$ a truE and correcl AbEtrscl of Votes cesl 8/ ~8id f:'/eclion étnd oc, thl::/t'foff:, df;If:lmifl~ hr¡d declare thaI the loJlowing persons tl(jV~ receIved the gtehlc,sr "vmbE-1 01 voles cast lOt Ihe above offICe in saia l'Jeclion T¡¡;\'id Tl. Trl¡,kle Gwe:1 .... M.:H.;r, Alf~ed r. Duwe, Jr. GIven tmder our t.ands Ihis ~ Day of May, 2006. ..'-J( _~. (~. __~:~., --s.:....~..__..'< ~... . Chairman <' I} /,!j ·-L .L....L....::t.:<t~ ·{..â~/...·_~ /' ("; ~ ."::J ¡::¡ ~~ I:J- / I ~ ( -.:1 r1 ' ,) .__-.(tL.'\..,.(- ...-J i.A··,A 7 Secretary. Electoral8oard ,VICe Chairman . Secretary 532 Council Member Dowe moved that the Abstract of Votes be received and filed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the 1 following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayo r H a rri s __n_n__n__n___n__m__n________m___n___mm__hoo_hmnnmn____m_________n00 7 . NAYS: Non e_oon____n____m___nmm_m_n_______n_____m_m_mnmnmmn_m____h____--0. OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION-COMMITTEES: A report of qualification ofthe following persons was before Council: Evelyn W. Manetta as a member of the Parks and Recreation Advisory Board, to fill the unexpired term of James C. Hale, ending March 31, 2009; and Charles R. Shaver as an alternate member of the Local Board of Building Code Appeals. Council Member Dowe moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayo r H a rri s _000_000__00__000_000__ 00__00000__00___00_00____0000000000___0000_0000000000000__________000___7 . I ~A ,(S: NClr\e--------------------------------------------------------------------------------------------(). REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ARMORY/STADIUM: A communication from Mayor C. Nelson Harris advising that on March 6, 2006, Council authorized, by Ordinance No. 37316-030606, the appropriation of $4.1 million for the Patrick Henry High School Stadium Project from the Stadium-Amphitheater account; on April 17, 2006, Council authorized, by Ordinance No.3 7363-041706, the appropriation of $4.1 million for the William Fleming High SChOClI Stadium Project from the Stadium-Amphitheater account; since its dedication on November 26, 1942, to the mid 1980's, Victory Stadium has served the City well; however, the location, age and present condition of Victory Stadium, as well as the loss of its major tenant, high school football, does I not merit the investment of additional public funds in the stadium's ongoing maintenance. 1 1 1 ,.. .; 533 The Mayor recommended the following: · Council authorize the City Manager to take all appropriate steps to demolish Victory Stadium; currently there are funds available in the Stadium-Amphitheater Project account to cover the cost of such an activity. · A stockpile of brick will be retained from the structure and up to four bricks will be made available to individual residents free of charge as a memento of the stadium. · To honor the contribution the stadium has made to the history of Roanoke, he requested that Council direct that any future planned use for the existing stadium site include a memorial, composed of some of the original brick reflecting the presence and significance of the stadium, as well as memorialize Coach Bob "Guts" McClelland for whom the playing field was named. Mr. John R. Graybill, 2443 Tillett Road, S. W., suggested that the Members of Council should abide by the three minute rule that applies to all persons who speak at City Council meetings. He called attention to a number of letters to The Editor of The Roanoke Times that have been edited by the newspaper to the extent that it would appear that the newspaper is on the City's side. He took issue with a letter to the Editor of The Roanoke Times written by G. W. Wilson with regard to the demolition of Victory Stadium and advised that contrary to Mr. Wilson's letter, he has found the people with whom he has worked on the Victory Stadium issue not to be selfish people, but good people who have exercised their democratic prerogatives, and it has been a pleasure to know and work with them. He stated that the citizens of Roanoke will continue to monitor actions taken by the Council. Mr. Carl Sherertz, 2033 Maywood Road, S. W., advised that he is a life long resident of Roanoke, however, he stated that he was puzzled by the City's governmental leadership; on one hand, Council is delighted with revitalizing old neighborhoods such as Day Avenue, but on the other hand, it is willing to destroy Victory Stadium which is a City landmark. Further, he stated that City Council does not like the location of Victory Stadium because it is located in a floodplain, but Council has strongly advocated a biomedical facility across the street in the same area; the Mayor developed a book of historic picture postcards, but favors the demolition of Victory Stadium which quite possibly is included on one or more of the post cards; and the Vice-Mayor supports destroying a veteran's memorial, when an immediate member of his family was instrumental in saving Jefferson High School. 534 Ms. Mary Bowers, 2330 Carlton Road, S. W., advised that Council Members may wear one of two hats: first, the hat of a politician which may involve money, power and position, sometimes acquired by dubious means and, second, and more important, the hat of a public servant which may require caring, sharing, and a sincere dedication for the good of many. She stated that the recent Councilmanic election was not a referendum on the fate of Victory Stadium, and the winners waged a successful campaign backed by money, power and one section of the City of Roanoke. She asked that Council consider plans for Victory Stadium and asked if Council will be saviors or executioners, will Council take action to desecrate the hallowed ground on which Victory Stadium was constructed, or will the Council think of the men and women in the military who are currently serving in Iraq, will Council feel guilt and discomfort, will Council's conscience be tweaked now and forever, will the demolition of Victory Stadium be for the good of many or just a few; and if Victory Stadium is replaced with a stadium at Patrick Henry High School, will Council think of the residents of the area whose quality of life will be damaged by Council's decision. She advised that saving Victory Stadium harms no one, but tearing it down affects many; however, if Council must vote to demolish Victory Stadium, it is requested that the citizens of Roanoke be spared a dinky amphitheater with a dinky tombstone dedicated to Roanoke's veterans. Mr. Winfred Noell, 2743 Northview Drive, S. W., advised that some Members of Council chose to construct high school stadia because they will be less expensive than renovating Victory Stadium; however, Council's action has divided the citizens of Roanoke and the demolition of Victory Stadium will not do anything to repair the damage that has already been done. He further stated that it appears that the numbers are in favor of renovation of Victory Stadium because not only would it bring the community back together; but Roanoke would have a facility that could be used for more than just high school football. He added that with the proper marketing, Victory Stadium could be a money making venue for the City of Roanoke, and asked that Council take into consideration the best use of taxpayers' dollars. Ms. Suzanne Osborne, 1702 Blair Road, S. W., advised that she could not think of anything that could be more divisive, politically inappropriate, or demonstrate more of a lack of leadership and regard for the majority of Roanoke's citizens than a decision to demolish Victory Stadium. She stated that Citizens For A Sensible Stadium Decision, totaling approximately 600 people, which is larger than any neighborhood association, was hopeful that Council would take off its political hat and exhibit the quality of statesmanship. She added that no proposal has been submitted with regard to a proposed use if Victory Stadium is torn down, which should be a part of the decision making equation, and without a definitive plan for the site, the City could potentially spend years and hundreds of thousands of additional dollars trying to decide on a use for the site while further dividing the community. She stated that 56 percent of the votes that were cast in the May 2, 2006 Councilmanic election were for those candidates who supported 1 I 1 1 1 I ... :¡., .':~:;¡.:~: 535 the renovation of Victory Stadium, yet the majority of Council tends to ignore the wishes of the citizens of Roanoke. She agreed with critics who say that there are other more critical issues facing the City of Roanoke than Victory Stadium, however, it should be noted that the Victory Stadium issue has not kept the City from addressing any of those issues in a timely manner because government is multi-faceted and addresses numerous issues simultaneously on a daily basis. She advised that if certain Members of Council had honored their promises, the City would not be faced with issues such as the Countryside Golf Course property, southeast Roanoke traffic calming, the Social Security Administration office building in the historic Gainsboro area, and a lawsuit filed by residents in the area of Patrick Henry High School who oppose construction of a 3,000 seat high school stadium in their neighborhood. Mr. Stuart Revercomb, 2408 Stanley Avenue, S. E., advised that the vote in the May 2006 Councilmanic election was in effect, a referendum and it was clear that the supporters of Victory Stadium won. He called attention to Pulitzer Prize winning nominee Frederick Beekner's words that "Christians are not better than anyone else, they are just better informed", and suggested that the 56 percent majority of Roanokers who voted for candidates who supported a renovation of Victory Stadium are not better than anyone else, but they are better informed and they know that every other community in America with a similar stadium has successfully marketed their facilities, thereby increasing their quality of life, as well as enjoying the millions of dollars in revenue that streams in through hotels, food and other retail taxes. He stated that they also know that engineering reports previously indicated that structurally, Victory Stadium is in near perfect condition, which led the City's own consultants to remark that Victory Stadium was in the best condition of any structure its age that they had ever inspected, and in their combined 150 years of experience, they had not heard of a community destroying such a facility. He added that citizens also know that flooding is a non issue as referenced in Corp of Engineers reports, as well as reports provided by the City's consultants; and citizens are keenly aware of forces at work in the Roanoke Valley that seek the demise of Victory Stadium for their own self serving agendas, and those forces have come together to plot a path that has led the City to where it is today. He advised that it is difficult to fight big money and good ole boy back room politics, especially when it is supported by a press that only allows certain information to reach the publiC eye, and when that is not enough, a press that is willing to completely misrepresent the truth. He stated that by demolishing Victory Stadium, Council will be voting to destroy not only a monument to those who gave their lives for their country, but a community asset that the City of Roanoke will never be able to replace. 536 Dr. Keith Bohn, 5012 Cave Spring Circle, Roanoke County, spoke as a friend 1 of Victory Stadium and expressed concern that there appears to be a hidden agenda as to the future use of the Stadium. He referred to the agreement between the ·City of Roanoke and the N & W Railway, and inquired if Victory Stadium is demolished, will the land on which the stadium is constructed revert back to the railroad, or will the land be donated to Carilion Health System for the new technology park. He stated that any action to demolish Victory Stadium is unbelievable and will be a desecration to the memory of those persons who lost their lives as they fought for the freedom of our country. Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, advised that with $5 to $ 7 million, the City could renovate Victory Stadium and retain a memorial to those persons who served their Country in World War II, as well as the City's public safety personnel who gave their lives in the line of duty. He stated that Victory Stadium has not been properly maintained since it was removed from the responsibility of the Department of Parks and Recreation. He added that the City of Roanoke has not honored the agreement between the City and N & W Railway to maintain the property; according to a recent newspaper article, Carilion Health System is not interested in acquiring the property; and it appears that the City wishes to demolish Victory Stadium and donate the land to developers without regard to the wishes of Roanoke's citizens. He added that the City of Roanoke is not business friendly and does not offer the necessary incentives to attract certain I types of entertainment to the locality. He asked that Council reconsider any decision to demolish Victory Stadium and that the stadium be renovated for the enjoyment of all citizens of the Roanoke Valley. Mr. John E. Kepley, 2909 MorrisonStreet, S. E., advised that the May 2,2006 Councilmanic election revealed that 56 percent of Roanoke's citizens voted for candidates who supported the renovation of Victory Stadium. He stated that for many years, the soul of the City of Roanoke has been at stake and the outcome of the Councilmanic election on May 2, 2006, signed the death warrant for Roanoke because the City will continue to be destroyed by leaders who are not qualified to lead. He stated that three groups will control the decision making process of elected officials; Le.: Carilion Health Systems, The Roanoke Times, and a small group of businessmen who stand to benefit financially. He advised that some Members of Council have not honored their word with regard to their stated positions on the Victory Stadium issue, and a vote to demolish Victory Stadium will deprive Roanoke of something that the vast majority of its citizens want to preserve, it will deprive the City of the peace and unity that was once displayed in the Roanoke Valley with neighbors who are at war against one another over 1 1 1 1 ~ '. . . : . 537 stadiums, taxes, crime, and a host of other subjects, and it will deprive the once beautiful neighborhood of Raleigh Court by building an institutional type high school and a new high school stadium of 3,000 seats. He stated that past actions of the Council have aligned the citizens of South Roanoke against the remainder of the City, and tearing down Victory Stadium will be symbolic of the tearing down of the City of Roanoke. Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., inquired as to the funding source to demolish Victory Stadium, and who will be responsible for maintenance of a memorial at Victory Stadium. She expressed concern that funds that were approved for Victory Stadium were diverted to another account for library improvements, and advised that the funds should have been used for school related purposes to help Roanoke's students pass their Standards of Learning test, or to purchase much needed classroom textbooks. She advised that Roanoke's neighborhoods are the fabric of the City, yet no elected officials were present at recent activities celebrating Neighborhood Month. Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to the leadership of the majority of Council, and advised that citizens of Roanoke must be more watchful and active in order to hold each Member of Council accountable for their actions. She stated that if one does not respect the past, one will repeat past mistakes; the City of Roanoke lost the American Theater and the Roanoke Academy of Music to the wrecking ball, therefore, it is unbelievable that a majority of Council would ignore the informative and detailed report from the City's own consultants which stated that historic Victory Stadium could be renovated for $13.5 million with the use of historic tax credits. She advised that the City is divided, with neighbors who are pitted against neighbors, therefore, Council Members should work toward bringing unity to Roanoke's citizens. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that if Council votes to demolish Victory Stadium, it will live in infamy because the will of the people will have been ignored. She expressed concern with regard to the leadership of a majority of the Council and stated that a Council majority could have moved the City forward on any issue during the past two years, but now there appears to be an all out effort to demolish Victory Stadium before the new Council takes office on July 1, 2006. She stated that Council Members will regret any decision to demolish Victory Stadium. Ms. Patricia Pruett, 4902 Grandin Road, S. W., called attention to a recent article in The Roanoke Times regarding the May 2, 2006 Councilmanic election which stated that the five Council candidates who were in favor of Victory Stadium renovation received approximately 5,000 votes over and above the other five 538 candidates who were in favor of demolishing Victory Stadium. She stated that in honor of veterans, Roanoke dedicated Victory Stadium before World War II was won; the V stands for Victory; and the renowned poet, Henry Wadsworth Longfellow said that the lives of great men remind us that we can make our lives sublime and, when departing, leave behind us footprints in the sands oftime. She added that Mr. Longfellow's statement can be applied to leadership by City officials as it relates to the City's stewardship of Victory Stadium. Mr. E. Duane Howard, P. O. Box 8111, stated that this is an historic day for the City of Roanoke, albeit a sad one; Roanoke has lost its basketball team, and, for the second time, its hockey team, and it is surprising that there appears to be a lack of understanding as to the reasons why. He stated that it is fascinating that five Members of Council believe that the City of Roanoke is looking forward and acting progressivly by destroying Victory Stadium; some citizens of Roanoke have been accused of living in the past, when, in fact, City officials are living in the past by not being able to see the future of sports and its potential impact for the City of Roanoke with a facility the size of Victory Stadium; and today, Council will vote to close the door on the future of sports for the entire Roanoke Valley. He added that for today's generation and for those of tomorrow, athletic events will be about gravity sports and the x-games, therefore, it is shortsighted for the future to close the door forever with the destruction of Victory Stadium, and for many years to come, future Councils and citizens will bemoan the fact that such a great City asset was destroyed. He advised that it is ironic that some people believe that a vote to destroy Victory Stadium will stop any future discussion of the issue, however, it will take many decades, if ever, before the citizens of Roanoke cease to talk about Victory Stadium. Council Member Cutler stated that he will vote in favor of the resolution to demolish Victory Stadium. He advised that as he has stated consistently during his four year tenure on the Council, his lifetime of university education and professional experience in the field of environmental poliCY and planning bears out the fact that Victory Stadium is a liability that the City of Roanoke will be better off without; and there is no way to justify the premium that the City would have to pay to flood proof and to maintain an aging and wrong-sized structure in a floodway, compared to the cost of building and maintaining the right size stadium in an outdoor concert amphitheater venue, on uplands out of harms way. He added that he strongly supports the construction of a sports stadium at each of the City's two high schools because of the convenience and availability for use by students on a daily basis. He stated that he may be among a minority of Roanoke's citizens who continue to believe that the City should use the already prepared site that the City owns near Orange Avenue and Williamson Road for an 1 I 1 1 1 1 >:'. 539 outdoor concert amphitheater; and it is hoped that the Council that will take office on July 1, 2006 will give the site across Orange Avenue from the Roanoke Civic Center one more review with this purpose in mind before committing the City to build a new amphitheater structure next to the Roanoke River or elsewhere. He pointed out the no U. S. Army Corps of Engineer's flood reduction project can guarantee that the Roanoke River will stay within its banks at all times; and the river bank now occupied by Victory Stadium should be devoted to soccer fields and a memorial to Coach Bob "Guts" McClelland. Council Member Lea expressed appreciation to the citizens of Roanoke for their passion, dedication and commitment to saving Victory Stadium; however, he stated that Council will vote on the fate of Victory Stadium today and, in all likelihood, the pro Victory Stadium group will lose, but it is important to recognize that the process was handled in a democratic way. He added that he may oftentimes disagree with his Council colleagues, but he respects their right to vote according to their conscience to move the City forward. He stated that other issues need to be addressed such as economic development, education, housing, and crime, etc.; he respects the fact that everyone has the right to change their mind and he looks forward to working with Council Members-Elect Trinkle and Mason as they join the Council on July 1; there will be times when the Council will disagree on various issues, but the Council will have to work as a group for the good of the City; therefore, he encouraged the citizens of Roanoke to join with the Council and to respect the process that was used and to not engage in personal attacks. Council Member Wishneff advised that he would not vote in favor of the resolution. He apologized to those persons who supported the renovation of Victory Stadium and to the people of Raleigh Court, some of whom are currently in the process of selling their homes, due to the construction of a football stadium at Patrick Henry High School. He expressed concern over the number of schools that have received accreditation in the City of Roanoke; the fact that the City of Roanoke has the second highest crime rate in the Commonwealth of Virginia, second only to the City of Richmond; Roanoke has lost approximately 5,000 jobs, and no economic development announcements have been made in some time; and downtown Roanoke is beginning to look like a "ghost town." He stated that the demolition of Victory Stadium will be a reflection on the City of Roanoke which is in a state of decline, and it is difficult to understand how the City could make the choice of abandoning an asset like Victory Stadium in order to construct two small high school stadiums. He called attention to a proposal which he offered to the Council for consideration earlier in the week that would provide the opportunity for the citizens of Roanoke to raise the necessary funds to renovate and to operate Victory Stadium over the next 12 months, which would not involve City funds, and with the understanding that if the funds cannot be raised within a period of 12 months, the City would proceed with the demolition of Victory Stadium. 540 Council Member Dowe advised that this is not a day of celebration and during his four years on Council, no sitting Council has favored the demolition, or 1 disintegration of any structure if it made sense to maintain the building. He stated that during his tenure on Council, numerous persons have said that they would like to maintain Victory Stadium, but those same persons have also said that they will not attend events at the stadium, therefore, the two comments must be synonymous, because there must be support for Victory Stadium. He added that the City does not have the propensity, consistently, historically or futuristically, to support a facility the size of Victory Stadium; therefore, the City must move on. He commended Council Member Lea for having the courage to make the above referenced remarks. The Mayor also commended the remarks of Council Member Lea and expressed appreciation for his call for civility. There being no further discussion, Vice-Mayor Fitzpatrick offered the following resolution: (#37393-051506) A RESOLUTION directing the City Manager to proceed with the demolition of Victory Stadium. (For full text of Resolution, see Resolution Book No. 70, Page 306.) I Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37393- 051506. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Fitzpatrick, McDaniel, Cutler, Dowe, and Mayor H a r ri s n_n _00_ _00 _0000___ moo _____0000000000000 _0000000_000. ___0000 ___um____ __u__m___m _m_____ 000. ___umn 5 . NAYS: Council Members Lea and Wishneff _00__m____nooooooooooo_ooonnnnnnooonn2. BUDGET-CLERK OF COURTS: A communication from Brenda S. Hamilton, Clerk of Circuit Court, advising that the Clerk of Circuit Court is responsible, by statute, for the recordation of legal instruments which include land records, marriage licenses, financing statements, assumed names, wills and other probate records, and Law, Chancery and criminal orders; and the Clerk's records must be maintained and available to the public. It was further advised that the Compensation Board, through the Technology Trust Fund, has made funds available to be allocated toward contractual obligations for those offices that have indicated that funds were needed: and the Circuit Court Clerk's Office for the City of Roanoke has been allocated $26,360.00 for reimbursement for charges by the Supreme Court of I Virginia and Sutton Information Systems, which charges represent equipment maintenance and scanning fees. I I 1 541 The Clerk of Circuit Court requested that Council take the following actions: . accept funding from the Compensation Board Technology Trust Fund in the amount of $26,360.00; . adopt a budget ordinance establishing a revenue estimate in the amount of $26,360.00; and appropriate funds in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund, as follows: Account No. 035-120-5151-2005 - $21,300.00 Account No. 035-120-5151-9005 - $5,060.00 A communication from the City Manager concurring in the request of the Clerk of Circuit Court, was also before the Council. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37394-051506) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Technology Trust Fund for the improvement of operations in the Office of Circuit Court Clerk, 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. 70, Page 307.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7394-051506. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler and Mayo r H a rri s -._______________________m_______m_____________________________n.______mnn_mm____-----000006. NAYS: Non e------n____ooom_______n_nu__nmnm______mnn___mnmmn.ooom___________ooo_O. (Council Member Dowe was out of the Council Chamber when the vote was recorded.) 542 REPORTS OF OFFICERS: I CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-BRIDGES: The City Manager submitted a communication advising that the City of Roanoke has received bids for the renovation of the Martin Luther King,Jr. Memorial Bridge, in accordance with the direction provided by Council; at the April 3, 2006, City Council briefing, Council supported the use of Virginia Department of Transportation Urban Allocation Funds for the Project; the Virginia Department of Transportation's current Six Year Improvement Program identifies Federal Omnibus funds, in the amount of $497,100.00, for the Bridge; and City staff has coordinated with VDOT staff to allocate an additional $1,500,000.00 in Urban Allocation funds to the project, which funds were originally intended for the Wonju Street project, but are no longer needed due to a reduction in project scope. The City Manager recommended that Council adopt a budget ordinance appropriating funds in the total amount of $1,997,100.00 to the Martin Luther I King, Jr. Memorial Bridge account and to establish revenue estimates for the project; and sources of funds are: $497,100.00 from Federal Omnibus funds, Account No. 008-052-9574-9002, and $1,500,000.00 from Virginia Department of Transportation Urban Allocation to the City of Roanoke, Account No. 008-052- 9574-9007. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37395-051506) AN ORDINANCE to appropriate federal and state funds for the Martin Luther King, Jr. Memorial Bridge 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. 70, Page 308.) 1 1 I I 543 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7395-051506. The motion was seconded by Council Member Cutler. Council Member Lea requested a status report on the Dr. Martin Luther King, Jr. Memorial Bridge Project. The City Manager advised that several weeks ago, Council was advised that there were insufficient funds for the project at that time, and rather than rebid or delete certain elements from the project, Council approved a request to transfer excess Virginia Department of Transportation funds from the Wonju Street project to the Martin Luther King,Jr. Bridge project. Following Council's action today, she stated that the contract for construction or renovation of the bridge will be executed, and sufficient funds exist within the appropriation for enhancements to the bridge in order to depict the life and significance of Dr. King, as well as funds for the statue. She explained that the statue will be addressed separately and is not a part of the contract award, and renderings of statues by artists that are currently under consideration are on display in the City Manager's Conference Room. Ordinance No. 37395-051506 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayor H arri su-mn_umnnmmnmnmmn_nm_h___m___mm_mm__mmnmn_mmmu 7 . NAYS: Nonenm-mm-nmn-__nmnmnnoo__mm_____umuh___m_m_mnmm.mummO. ECONOMIC DEVELOPMENT-INDUSTRIES-GRANT5: The City Manager submitted a communication advising that the City of Roanoke and Valley View Mall, LLC (VVM), developer of property at Valley View Mall to be known as The District at Valley View, have negotiated an annual Economic Development Grant Performance Agreement; the Economic Development Grant will be funded by the City, but issued and administered through the Industrial Development Authority of the City of Roanoke, Virginia (IDA); the grant will assist in the demolition of structures and parking areas, upgrades to the storm water runoff system, and realignment of electrical lines and other related utilities to the site; Valley View Mall will then construct a lifestyle center consisting of several buildings along with a larger structure attached to the existing Valley View Mall; and the project will provide additional tax revenue, jobs, and services to and benefit the citizens of the City and the Roanoke Valley, in addition to providing an economic benefit to the City. 544 It was further advised that a proposed Performance Agreement outlines the I obligations of Valley View Mall in order to qualify for and receive the grant; some of the main provisions provide that Valley View Mall must complete the demolition of certain items within 12 months after the date of the Agreement; a requirement for construction of new buildings with at least six new retail establishments that will be open to the public for business within 18 months following the date of the Agreement; and Valley View Mall will have spent, or caused to have been spent, at least $17.4 million on development of the Project, including $1 million on the demolition and related infrastructure improvements and enhancements within 24 months after the date of the Agreement. It was explained that after the retail stores are opened, Valley View Mall can make up to five annual grant requests to the IDA under certain conditions; the various tax revenues, as listed in the proposed Agreement, that the City actually receives from the property or project must exceed $550,000.00 for the preceding grant year; if so, VVM may make a grant request to the IDA for up to an amount equal to 50% of the amount of revenue the City actually received during the preceding grant year, subject to certain other provisions as set forth in the Agreement; however, the maximum amount of all grant funds VVM may receive shall not exceed $1 million. It was further explained that the Agreement requires WM to provide the City and the IDA with appropriate supporting documentation for each grant request; and funding for each annual grant request will be subject to appropriation by Council to the IDA and no funding will be required during the upcoming fiscal year. I The City Manager recommended that Council approve the terms of the Performance Agreement among the City of Roanoke, Valley View Mall, and the Industrial Development Authority, and determine that such grant will promote economic development within the City; and that the City Manager be further authorized to execute a Performance Agreement and to execute such other documents and to take such further action as may be necessary to implement and administer the Performance Agreement, subject to approval by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: (#37396-051506) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (IDA), and Valley View Mall, LLC (VVM) that provides for certain undertakings by the parties in connection with the development of certain property located in Valley View Mall, in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 309.) I 1 I 1 ,. 545 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37396-051 506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayo r Harri S__umn_m_mnnm.mm__________umnmm_.unm____m_mmnmm_.nmmn 7 . NAYS: No n eunnmnnmnnn_mm____uu_unmnmmm____nn__________ummnnm_mnO. DOWNTOWN ROANOKE, INCORPORATED-SPECIAL SERVICE DISTRICT: The City Manager submitted a communication advising that in December, 1986, Council adopted Ordinance No. 28453-120886, which established the Downtown Service District in the City of Roanoke; at that time, and for various terms since creation of the District, the City of Roanoke has entered into agreements with Downtown Roanoke, Inc. (DR ) in order for Downtown Roanoke, Inc., to undertake development activities and other additional services that are not provided uniformly throughout the City, including economic and business development promotional activities and other activities provided under State Code Section 15.2- 2403; and the agreement between the City and DRI was last authorized by Council in July, 2001, pursuant to Resolution No. 35448-070201, for a five-year term to expire on June 30, 2006. It was further advised that in July, 2002, Council, pursuant to Resolution No. 35964-070102, authorized amendment of the agreement to eliminate the $2,000.00 charge that the City retained from actual tax receipts collected for costs incurred in collecting and administering receipts It was explained that DRI has informed the City of its desire to continue the contractual relationship with the City in order to provide services within the Downtown Service District; in a request dated April 17, 2006, DRI proposes to enter into an agreement with an initial one-year term with a series of nine, one year mutually agreed upon renewals, which would potentially extend the agreement from July 1, 2006 through June' 30, 2016; all other terms and conditions as contained in the previous agreement, as amended, will carry forward into the new agreement, such as boundaries of the District and the additional service district tax rate of $.10 per $100.00 valuation of real estate. The City Manager recommended that she be authorized to execute a Downtown Service District Agreement between the City of Roanoke and Downtown Roanoke, Inc., such agreement to be approved as to form by the City Attorney; and that she be further authorized to take such action as is necessary to implement and administer the agreement. 546 Vice-Mayor Fitzpatrick offered the following resolution: 1 (#37397-051506) A RESOLUTION authorizing the City Manager to execute an agreement with Downtown Roanoke, lnc., for continued administration of the Downtown Service District, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 70, Page 311.) Vice-Mayor Fizpatrick moved the adoption of Resolution No.3 7397-051506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harris______m_mmm_nnnmmnnmnmnmnm___mmnmm_nmmumu__________7. NtI'(S: NonE!-----------------------------------------------------------------------------------------------(). AUDITS/FINANCIAL REPORTS-BUDGET-HUMAN DEVELOPMENT COMMITTEE: The City Manager submitted a communication advising that the Human Services Advisory Board budget, in the amount of $ 5 78,841.00, was established by Council with adoption of the General Fund budget for fiscal year 2006-2007; requests from 33 agencies (46 programs), totaling $887,483.00 were received; Advisory 1 Board members studied each application prior to meetings to discuss funding allocations held on March 7, March 17, and March 22, 2006; and agencies were notified of tentative allocations and advised that they could appeal the recommendations, however, no appeals were heard by the Board. It was further advised that performance audits will be conducted by the Council of Community Services to evaluate the effectiveness and efficiency of all funded programs. The City Manager recommended that she be authorized to execute any contracts required with recipient agencies, such contracts to be approved as to form by the City AttornE!Y; and that Council transfer $ 5 78,841.00 from the Human Services Advisory Board, Account No. 01-630-5220-3700, to new line items to be established within the Human Services Advisory Board budget by the Director of Finance. Vice-Mayor Fitzpatrick offered the following budget ordinance: 1 1 I 1 547 (#37398-051506) AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2006-2007 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 312.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37398-051 506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harris_huunmmmmmmn__.mnmm__mm_____n_______h_n___h__mmummu_m 7. NA YS: Nonemnmnmnm__mm___nn_mumnmmnmmnmnmmmmmmmnmm_O. Vice-Mayor Fitzpatrick offered the follOWing resolution: (#37399-051506) A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board"') for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2006-2007; authorizing the City Manager, or her designee, to execute any required contracts with the qualified agencies for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits to evaluate the effectiveness and efficiency of all funded programs. (For full text of Resolution, see Resolution Book No. 70, Page 315.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37399- 051506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor HarriSunmnn_umnmnmn___n_nn_nmnnnunmmnn_n__m_n_nmmnn_nm00 7. NAYS: None_mmumnmnmnm._mnmumummnmm.um_mnmm___mmmnmnO. BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a communication advising that the Roanoke Arts Commission Agency Funding Advisory Committee budget, in the amount of $348,077.00, was established by Council with adoption of the General Fund budget for fiscal year 2006-2007; of 548 the total amount, $2,500.00 was set aside for Arts Commission funding; total funding amount represents an increase in funding of $12,565.00 as recommended I to Council in February 2006; requests from 19 agencies (including the Arts Commission), totaling $532,270.00 were received; Committee members studied each application prior to an allocation meeting which was held on March 3, 2006; agencies were notified of tentative allocations and advised that they could appeal the recommendations of the Committee; one appeal was filed by Virginia's Explore Park; and no changes were recommend~d by the Committee. The City Manager recommended that Council transfer $348,077 .00 from the Roanoke Arts Commission Agency Funding Advisory Committee, Account No. 01 310-5221-3700, to new line items to be established by the Director of Finance within the Roanoke Arts Commission budget. Council Member Cutler offered the following budget ordinance: . . (#37400-051506) AN ORDINANCE to appropriate funding to specific Art Commission agencies, amending and reordaining certain sections of the 2006- 2007 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 316.) Council Member Cutler moved the adoption of Ordinance No. 37400- 1 051506. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wish neff, Cutler, Dowe, and Mayo r Harri sn________mmnnnmnmmnm_nnn_m_·umnmnm__mnmm__nmn_mn_n_7 . NAYS: None________mummmmnmn_nmnnnmnmmnn__u_m_m_mmm___m_mm_O. TRAFFIC-BUDGET-STATE HIGHWAYS: The City Manager submitted a communication advising that the Virginia Department of Transportation's (V DOT) Six-Year Improvement Program (SYIP) includes funds for the following projects: . Riverland Road, Bennington Street & Mt. Pleasant Boulevard Intersection Improvement (UPC #71741) - Total project funding of $1,020,000.00 which includes a fiscal year 2005 allocation of 5224,000.00 (VDOT $220,000.00, City match $4,000.00) and a fiscal year 2006 allocation of $796,000.00 (VDOT $780,000.00 and City match $16,000.00), and 1 1 1 I 549 · City-wide Signal &ïTS Imþrovêii1êìüs (UPC #71740) - Total project funding of $1,144,000.00., which includes a fiscal year 2005 allocation of $554,000.0'0 (VDOT $543,000.00, City match $11,000.00), a fiscal year 2006 allocation of $322,000.00, and a fiscal year 2007 allocation of $268,000.00 (fiscal year 2006 and fiscal year 2007 combined are VDOT 5579,000.00, City match 511,000.00). It was further advised that because the projects are to be locally administered, it will be necessary for Council to appropriate funds to project accounts for disbursement against project development and implementation expenses; in February 2005, Council appropriated fiscal year 2005 allocations to the appropriate accounts; the Riverland Road account includes $50,000.00 of local match funding, which is more than the amount required by VDOT as the locality's two per cent match; and funds for the local match for all phases of the City-wide Signal & ITS Improvements Project are available in VDOT highway project Account No. 008-530-9803. The City Manager recommended that Council authorize the following: · Appropriate 5780,000.00 of VDOT project funding to the existing project account Riverland Road/Mt. Pleasant/Bennington Street, Account No. 008-530-9512; increase the revenue estimate by the same amount for State reimbursement through VDOT's Six-Year Improvement Program; funds currently exist in this capital account which provides for the City's two per cent match; and · Appropriate $579,000.00 of VDOT project funding to the existing project account "Signal & ITS Improvements", Account No. 008-530- 9833; increase the revenue estimate by the same amount for State reimbursement through VDOT's Six-Year Improvement Program; and in order to address the two percent local match, transfer funds totaling $22,880.00 from VDOT Highway Projects, Account No. 008- 530-9803, to the "Signal & ITS Improvements" account. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37401-051506) AN ORDINANCE to appropriate funding to be provided by the VDOT Six-Year Improvement Program for the Riverland Road, Mt. Pleasant Boulevard Intersection, Bennington Street and Signal & ITS Improvements Projects, 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. 70, Page 317.) 550 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7401-051506. I The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, an d Mayor H arris_m_nmmmnmnnmm______mnnmnnmmmmn__mnmnn____m_nnnnn 7 . NAYS: Non e 00 00 moo ooo___n__oooooonoooooooom 00 00 00 - 00 mm_nooon____moon 00 nm_ooom___ooooooO. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting that Council appropriate $2,000,000.00 from the Virginia Literary Loan Fund for the addition of central air conditioning, installation of energy efficient window systems, and upgrade of facility electrical circuits at Monterey Elementary School, was before the body. . A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Council Member Cutler offered the following budget ordinance: (#37402-051506) AN ORDINANCE to appropriate funding from the Virginia I Literary Loan Fund for improvements to the Monterey Elementary School, amending and reordaining certain sections of the 2005-2006 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 318.) Council Member Cutler moved the adoption of Ordinance No. 37402- 051506. The motion was seconded by Council Member McDaniel. Council Member Wishneff inquired about the status of the Literary Fund Loan. Kenneth F. Mundy, Jr., Executive Director for School Fiscal Services, advised that the Literary Loan Fund will issue a new statement of availability, although it is likely that improvements and upgrades to Monterey Elementary School will not be funded directly from the Literary Fund but will be moved to a VPSA bond issue. He added that the process starts with a Literary Loan application, and as funds become available, requests are ranked on a priority list; the new priority list will be issued in June or July 2006 and it is anticipated that Patrick Henry High School and I Monterey Elementary School will be moved up on the priority list. He explained that the request currently before the Council will involve VPSA bonds. 1 1 I 551 There being no further discu,~.sior:1; Ordi~ance No. 37402-051506 was adopted by the following vote: '.. , AYES: C~uncil Members Fitzpatri~~;'Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayo r H arn Smnmnmmmnm_m___u_'m__mnmmoomnnnmnmmnmmoooonmm_.__7 . NAYS: No nemmoonnmnmoon_oo _n_n____oomoo:_,__oomoomoomoommooou___________m__ooO. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council appropriate the following funds: . $12,000.00 for the William Fleming High School Ninth Grade Transition Grant, to provide Federal funds for the transition of middle school students to high school, which new program will be 100 per cent reimbursed by Federal funds; . $2,912.00 for the 2006 Advanced Placement (AP) Fee Payment Program to reimburse part, or all of the cost of fees for low-income students who take the test, said continuing program to be 100 per cent reimbursed by Federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Council Member Cutler offered the following budget ordinance: (#37403-051506) AN ORDINANCE to appropriate funding from the federal government for the William Fleming Ninth Grade Transition Grant and the AP Fee Payment Programs, 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. 70, Page 319.) Council Member Cutler moved the adoption of Ordinance No. 37403- 051506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harrisnm---mnmnnm--nm--nmmnnmmm__OUhmm_oomnn_nmnnnn__mn 7. NAYS: Non e - mm__mm__m_ moo 000 00_000 000_000 000 00 000 00 nm mn_mnmn_ moon - - -000-000__000. 552 UNFINISHED BUSINESS: NONE. I INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. At this point, Vice-Mayor Fitzpatrick left the meeting. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUILDINGS/BUILDING DEPARTMENT: Council Member Cutler called attention to a $9.5 million construction permit that was issued by the City for improvements to The Patrick Henry Hotel. SPECIAL EVENTS: Council Member Dowe commended organizers of the Annual Jabberwock, Strawberry Festival, Local Colors, Annual Chili Cook-off, and Kiwanis Young Leaders Program. 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, I recommendation or report to Council. COMPLAINTS-CITY COUNCIL: Mr. John E. Kepley, 2909 Morrison Street, S. E., advised that some Members of Council have not listened to the wishes of the citizens of Roanoke. He called attention to instances when certain Members of Council have not honored their word with reference to statements and/or commitments regarding Victory Stadium. COMPLAINTS-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the City of Roanoke is divided because on numerous occasions, Council has not honored its word on various issues. She stated that citizens in the area of Patrick Henry High School are divided on the issue of constructing a small high school stadium in their neighborhood, and Council should listen to the wishes of the majority of citizens who live in the area who are opposed to the high school stadium. She requested that Council take immediate action to unite the citizens of Roanoke. 1 1 I 1 553 ..... :,.. :.,.' :..... . ~ ,I' . COMPLAINTS-ARMORY/STAbiuM: Mr:Jim Fiëlds, 17 Ridgecrest Road, Hardy, Virginia, advised that Victory Stadium was constructed as a memorial to the veterans of World War II, the facility has;' served as the home for VMI and VPI football games, as well as other college·ànd professional football games, and in more recent years, Victory Stadium has been the home of high school football games and the City's 4th of July celebrations. H.e stated that the City of Roanoke has allowed the stadium to fall into a state of disrepair, even though funds were appropriated for stadium repairs, and the funds were used for other City projects. He advised that the Stadium could be renovated for $5 - $7 million, and with the proper marketing, the Stadium could be used by all citizens ofthe Roanoke Valley and could become a profitable venture for the City of Roanoke. He advised that Council has not listened to the wishes of the majority of its citizens who want Victory Stadium to be renovated. He called for a complete investigation of all City funds that have been issued to Carilion/Roanoke Memorial Hospital, and a complete audit of City funds pertaining to Victory Stadium from 1985 to date. Vice-Mayor Fitzpatrick returned to the meeting. COMPLAINTS: Mr. E. Duane Howard, 1135 Wasena Avenue, S. W., advised that nothing destroys faith and trust in government more than the "good old boy system," nepotism, and back door politics. He expressed concern with regard to alleged nepotism in the Sheriff's department and stated that elected officials should be prohibited from appointing family members to government positions. He expressed further concern with regard to a potential conflict of interest in the appointment of members ofthe same household to City Council appointed boards and commissions. COMPLAINTS-HOUSING/AUTHORITY-ClTY EMPLOYEES: Mr. Robert E. Gravely, 727 29'" Street, N. W., spoke with regard to an inadequate pay scale for City employees and the lack of housing opportunities for the City's work force because they cannot afford to purchase a house in the City of Roanoke based on current wages. He stated that Roanoke's citizens will not be united if the City's infrastructure continues to be neglected, or if there is no compassion, understanding or expressed purpose by City leaders. He expressed concern that the cost of utilities have increased, the price of gasoline has increased, the price of tickets to events at the Roanoke Civic Center has increased to the point that the average person cannot afford the price of a ticket, and the need for better marketing of Roanoke's downtown area. 554 CITY MANAGER COMMENTS: I CELEBRATIONS-SPORTS COMPLEX: In response to concerns expressed by citizens earlier in the Council meeting, the City Manager advised that the Annual 4th of July celebration will again be held at River's Edge Sports Complex. At 4:20 p.m., the Mayor declared the Council meeting in recess for three Closed Sessions. , At 5:40 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Member Wish neff, Mayor Harris presiding. OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that the terms of office of David C. Key, Änthony P. Wallace, Michael W. Hanks and Efren Gonzalez as members of the Board of Trustees, City of Roanoke Pension Plan, will expire on June 30, 2006; Mr. Wallace is ineligible to serve another term inasmuch as the position must be filled by a representative of the Police Department; and the position held by Mr. Gonzalez will be filled by a representative of the Western Virginia Water Authority; whereupon, the Mayor opened the floor for nominations. Vice-Mayor Fitzpatrick placed in nomination the names of John G. Reed, Curtis L. Davis, Michael W. Hanks and David C. Key. I There being no further nominations, Mr. Reed was appointed for a term commencing July 1, 2006 and ending June 30, 2010; Mr. Davis was appointed for a term commencing July 1, 2006 and ending June 30, 2008; Mr. Hanks was reappointed for a term commencing July 1, 2006 and ending June 30, 2008; and Mr. Key was reappointed for a term commencing July 1 , 2006 and ending June 30, 2010, as members of the Board of Trustees, City of Roanoke Pension Plan, by the following vote: FOR MESSRS REED, DAVIS, HANKS AND KEY: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe, and Mayor Harrism_m__mmnnnnn_mmmm7. ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The Mayor advised that there are two vacancies on the Roanoke Neighborhood Advocates to fill the unexpired term of Althea L. Pinkington, ending June 30, 2006, and Carol Jensen, ending June 30, 2007; whereupon, he called for nominations to fill the vacancy. 1 1 I 1 555 Vice-Mayor Fitzpatrick pláced' ¡~ nomi~~tiöri the names of Clarice E. Walker and Brian G. Gibson. J. There being no further nominations, Ms. Walker was appointed to fill the unexpired term of Althea L. Pilkington, resigned, ending June 30, 2006; and Mr. Gibson was appointed to fill the unexpired term of Carol Jenson, resigned, ending June 30, 2007, as members of the Roanoke Neighborhood Advocates, by the following vote: FOR MS. WALKER AND MR. GIBSON: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe and Mayor Harris _mmm_mummmmmm_____n____7. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that the terms of office of Jason E. Bingham, Kathy G. Stockburger, and David B . Trinkle as Trustees of the Roanoke City School Board will expire on June 30, 2006; . whereupon, he advised that the following names would be placed in nomination: James P. Beatty, Jason E. Bingham, Caren D. Boisseau, Jay Foster, Mae G. Huff, Randy L. Leftwich, Mark S. Lucas and Todd A. Putney. The Mayor advised that Council Members would cast their votes for up to three candidates. FOR MR. BEATTY: None_mm_m__mnnm_mmm_.moo_mmmmmm_mmmm_O. FOR MR. BINGHAM: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe and Mayo r H a rr i s um 00 mum 00 000 Uh____mnnmoonoonnnmnm____mmmmnn moo moo 6. FOR MS. BOISSEAU: Nonemnn_nm_m_mnmmumm_mmmm_m_mnnnuh__h____O. FOR MR. FOSTER: Nonemm____nnm__nm_mnm_nmnmnmnmmnnnnmh__h_m_O. FOR MS. HUFF: Council Members Fitzpatrick, Lea, McDaniel, Wishneff, Cutler, Dowe and Mayor Harrismnnmmmh__mmnmnmnmnmmmoom_mmummum7. FOR MR. LEFTWICH: Nonem-h__mmmm_mmm_mm_m_m_mmuuh__mmm_m_O. FOR MR. LUCAS: Council Members Lea, Wishneff and Cutlerm-mmm-m-mu3. FOR MR. PUTNEY: Council Members Fitzpatrick, McDaniel, Wish neff, Dowe and Mayor Harri sumnUU_Umh_mnm_mmmu_hu_nnnmn_n__mmnmnn_nmmhm_moo 5. 556 The Mayor advised that Mr. Bingham was reappointed and Ms. Huff and Mr. I Putney were appointed as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 2006 and ending June 30, 2009. At 5:45 p.m., the Mayor declared the Council meeting in recess, and the Council reconvened in Closed Session to conduct performance evaluations of three Council Appointed Officers. At 6:53 p.m., the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of the Council in attendance, except Council Member Wishneff, 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 by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe, and Mayor I fiarris------------------------------------------------------------------------------------------------------------------1). NAYS: No nennnm_m_umnmnmnnnoon_____mnmnmm___mnm________uu_nnm_mO. (Council Member Wishneff was absent.) At 1):55 p.m., the Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber. At 7:00 p.m., on Monday, May 1 5, 2006, 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. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris---------- -------------------------------------------------------------------------------------------------------1). ABSENT: Council Member BrianJ, Wishneff _mm__mnm_mmoon__umm_mmm_l. The Mayor declared the existence of a quorum. 1 1 1 1 557 : . ',~. ". .., 1'/ ;.' .,:. . . : . ,:.'. OFFICERS PRESENT: Darlene; L.;BLikham, City Manager; William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk.' , The invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Highland Park United Methodist Church that a portion of property located at 702 Ferdinand Avenue, S. W., identified as Official Tax No. 1120908, and an adjoining parcel of land identified as Official Tax No. 1120909, be rezoned from IN, Institutional District, to RM-l, Residential Mixed Density District, to allow for single family residential housing, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 28, 2006 and Friday, May 5, 2006. The City Planning Commission submitted a written report advising that as part of a comprehensive rezoning adopted by Council on December 5, 2005, the subject properties were rezoned from RM-2, Residential Multifamily, Medium Density District, to IN, Institutional District; the properties are located in the H-2, Historic Neighborhood Overlay District, and the petitioner requests that a portion of property bearing Official Tax No. 1120908 and an adjoining parcel of land bearing Official Tax No. 1120909, be rezoned from IN, Institutional District, to RM-l, Residential Mixed Density District, to allow for a single-family dwelling. The Planning Commission recommended that Council approve the request for rezoning, inasmuch as the petition to rezone the abovedescribed property furthers the purposes of the Old Southwest Neighborhood Plan and the City's Zoning Ordinance and Map. 558 Council Member Dowe offered the following ordinance: (#37404-051506) AN ORDINANCE to amend §36.2-1 00, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, dated December 5, 2005, as amended, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 320.) Council Member Dowe moved the adoption of Ordinance No. 37404- 051506. The motion was seconded by Council Member Lea. Edward A. Natt, Attorney, representing the petitioner, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to speak in connection with the request for rezoning. There being none, he declared the public hearing closed. Council Member McDaniel requested clarification with regard to the opposition of Old Southwest, Inc., to the request. R. Brian Townsend, Agent, City Planning Commission, advised that the old Southwest neighborhood was concerned about future use of the church. He called attention to a church parsonage which is located on the property, and under the zoning ordinance, in order for the church to sell the property or use the property for single family purposes unrelated to the church, the zoning must to be changed on that portion of the property, therefore, the concern of the neighborhood related to the impact on the church insofar as split zoning. He stated that the attorney for the petitioner could not confirm the name of the purchaser of the church property, which was also a question raised by the neighborhood, the Planning Commission confirmed that the matter was irrelevant to the nature of the request, and the City Planning Commission opted to recommend approval of the request for rezoning. Mr. Natt advised that another church has executed a contract to purchase the church building, but has no interest in the church parsonage inasmuch as the church has no pastor and the denomination does not use the parsonage concept. He stated that the neighborhood's concerns relate to marketing the single family residential structure and the Planning Commission took the position that marketing of the structure was not an issue, as opposed to land use, and the desire was to have the church remain a church and the single family residence to remain a single family residence, with the ability to sell the structures in that way. I 1 1 1 1 1 559 .,. i..::,.'.,'.'.'..:: , .~. '>: ";.¡. '. ,. ":: There being no further questions 'or comments by Council Members, Ordinance No.3 7404-051506 was ado.Pte,9 by the following vote: AYES: Council Members Fitzpatriêl<;"Lea, McDaniel, Cutler, Dowe, and Mayor rlélrris--.------------------------------------------------------,--------------------------.-----------------------------E). " .:' NAYS: Nonennmnmmmm____uumnm..cmm_numnnmmummmmmnm_m_mnO. (Council Member Wishneff was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Pheasant Ridge Land Investors, LLC, to repeéll and replace proffered conditions on a 4.09-acre property located on Pheasant Ridge Road, S. W., identified as Official Tax No. 5460129, such new proffers relating to a new development plan for the subject property, in order to construct one additional multifamily structure, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 28, 2006 and Friday, May 5, 2006. The City Planning Commission submitted a written report advising that on December 3, 1979, élt the request of Roanoke Health Care Center, Council rezoned the 49.23 acre parcel of land to Cl, Office District, and RM-2, Residential Multifamily District, with conditions; and on February 5, 1996, at the request of Roanoke Health Care Center, Council rezoned the RM-2 portion of the property to C-l, with conditions, for the purpose of constructing a group care facility, upon certain proffered conditions. The Planning Commission recommended approval of the request inasmuch as the second élmended petition to amend the proffered conditions with regard to Official Tax No. 5460129 to construct one additional multifamily structure furthers the purposes of the City's Comprehensive Plan, the Southern Hills Neighborhood Plan, and the City's Zoning Ordinance. Council Member Dowe offered the follOWing ordinance: 560 (#37405-051506) AN ORDINANCE to amend §36.2-1 00, Code of the City of 1 Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the conditions presently binding upon certain property conditionally zoned MX, Mixed Use District, with conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 322.) Council Member Dowe moved the adoption of Ordinance No. 37405- 051506. The motion was seconded by Vice-Mayor Fitzpatrick. The Mayor inquired if there were persons present who would like to speak in connection with the request. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37405-051506 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe, and Mayor Hélrris------------------------------------------------------------------------------------------------------------------E). NAYS: Non e_n___nnn___nn___mnmm__mnnm__mnnm_m___________nnnnoooooo_ooo000000. 1 (Council Member Wishneff was absent.) TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Commonwealth Coach and Trolley Museum, lnc., a non-profit organization, for exemption from taxation of certain personal property located in the City of Roanoke, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday May 5, 2006. The City Manager submitted a communication advising that Commonwealth Coach and Trolley Museum, Inc., located at 602 18th Street, S. W., provides transportation for non-profits throughout the Roanoke Valley, serving approximately 6,000 - 8,000 citizens annually; the Museum owns four active buses and requests that they be exempt from personal property taxation; and annual taxes due for fiscal year 2005-2006 for the four buses are $54.17 on an assessed value of $1 ,570.00. 1 1 1 1 561 . r" !.~ It was further advised that on May 19, 2003, Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City of Roanoke, pursuant to Resolution No. 36331-051903, effective January 1, 2003; and Commonwealth Coach and Trolley Museúm, Inc., provided the required information prior to April. 15, 2006, the deadline for receipt of applications for exemptions to be in effect on July 1, 2006. It was explained that according to the Office of the Commissioner of the Revenue, the loss of revenue to the City will be $54.1 7 in annual personal property taxes; the Commissioner of the Revenue has determined that the organization is currently not exempt from paying personal property taxes on the four buses by classification or designation under the Code of Virginia and the IRS recognizes Commonwealth Coach and Trolley Museum as a 501 (c) 3 tax-exempt organization. The City Manager recommended that Council authorize Commonwealth Coach and Trolley Museum, Inc., to be exempt from personal property taxation, pursuant to Article X, Section 6{a)6 of the Constitution of Virginia, effective July 1, 2006. Council Member Cutler offered the following ordinance: (#37406-051506) AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Commonwealth Coach and Trolley Museum, Inc., an organization devoted excfusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 324.) Council Member Cutler moved the adoption of Ordinance No. 37406- 051506. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. 562 There being no questions or comments by Council Members, Ordinance No. 37336-032006 was adopted by the following vote: AYES: Council Members Lea, Mco'ani'el, Cutler, Dowe, and Mayor Harris----n5. NAYS: No ne_unmmunm_mnmm_"nnmnnmnmmn_mnmnnm_m_h_____n__m____O. (Vice-Mayor Fitzpatrick abstained from voting inasmuch as he serves as President of Commonwealth Coach and Trolley Museum, Inc.) (Council Member Wishneff was absent,) TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 15, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Norfolk and Western Historical Society, Inc., a non-profit organization, for tax exempt status of certain real property located at 2101 Salem Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 5,2006. The City Manager submitted a communication advising that Norfolk and Western Historical Society, Inc., owns property known as Official Tax No. 1311225, located at 2101 Salem Avenue, S. W.; the primary purpose of the organization is to preserve records and drawings of Norfolk and Western Railway; the mission of the organization is to preserve history and memories of N & Wand Virginia Railways, both of which were important contributors to the economy of the Roanoke area; and annual taxes for fiscal year 2005-2006 on the above referenced parcel of land are $2,049.74 on an assessed value of $169,400.00. It was further advised that on May 19, 2003, Council approved a revised policy and procedure in connection with requests of non-profit organizations for tax exemption of certain property in the City of Roanoke, pursuant to Resolution No. 36331-051903, effective January 1, 2003; and Norfolk and Western Historical Society provided the required information prior to April 15, 2006, which is the deadline for receipt of applications for exemptions to be effective on July 1,2006. 1 1 1 I 1 1 f· ". 563 It was explained that according'to the Office of the Commissioner of the Revenue, the loss of revenue to the City will be $1,639.80 annually after a 20 per cent service charge is levied by the City in lieu of real estate taxes; the service charge will be $409.94; the Commissioner of the Revenue has determined that the organization is currently not exempt from paying real estate taxes on the above referenced property by classification or designation under the Code of Virginia; and the IRS recognizes Norfolk and Western Historical Society as a 501 (c)(3) tax- exempt organization. The City Manager recommended that Council authorize Norfolk and Western Historical Society, Inc., to be exempt from real estate property taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effectiveJuly 1,2006, for the above described property, if the organ ization agrees to pay the subject service charge by July 1, 2006. Vice-Mayor Fitzpatrick offered the following ordinance: (#37407-051506) AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Norfolk and Western Historical Society, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 325.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37407-051506. The motion was seconded by Council Member Dowe. The Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37407-051506 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe, and Mayor Harris------------------------------------------------------------------------------------------------------------------l). N)\,(Si: N()r1e-----------------------------------------------------------------------------------------------(). (Council Member Wishneff was absent.) 564 PURCHASE/SALE OF PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 15, 2006, at 7:00 1 p.m., or as soon thereafter as the matter may be heard, on the request of the Jacquot Corporation to purchase three parcels of City-owned property located at the intersection of Wells Avenue and Gainsboro Road, N. W., identified as Official Tax Nos. 2012715, 2012716 and 20127L7, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 5, 2006. The City Manager submitted a communication advising that the City of Roanoke currently owns property located on Wells Avenue, N. W., identified as Official Tax Nos. 2012715, 2012716 and 2012717; Trent C. Gibson, Ted W. Gibson and Jacquot Corporation, adjacent property owners, have contacted the City with regard to purchase of the property; as contained in correspondence dated March 29, 2006, the above referenced property owners have submitted a request to purchase the parcels of land by quitclaim deed; the parcels of land are currently assessed at $45,600.00, $25,800.00 and $3,800.00 respectively; figures are based on former zoning regulations which zoned the parcels of land in the C-3 downtown district; under current zoning regulations, the parcels of land are zoned residential and the assessed values will be significantly lower; at this time, proposed estimates for the new assessments are $5,200.00, $1,900.00 and $600.00 respectively; although the Department of Real Estate Valuation has not offiCially assessed the parcels of land at the new lower estimates, the adjacent property owners have offered to purchase'the property for a total purchase price of $6,400.00; the proposed new assessment will total $ 7,700.00 if each parcel is sold individually, but since none of the parcels of land are developable on their own the adjacent property owner has cifferëd $6,400.00 for all three parcels which City staff believes to be a reasonable value; and it has been determined that there is no benefit for the City to continue o\.Nnership of the parcels of land. , ; The City Manager recommended,: following the publiC hearing, that she be authorized to execute the appropriate documents to convey the property to Trent C. Gibson, Ted W. Gibson and Jacquot ;Corporation, for a consìderation of $6,400.00, such documents to be app~ove'd as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following ordinance: 1 (#37408-051506) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of Official Tax Map Nos. 2012715,2012716 and 2012717 containing 0.1103 acre, 0.0640 acre and 0.0640 acre, respectively, located at the intersection of Wells Avenue, N. W. and Gainsboro Road, N. W., to Trent C. Gibson, Ted W. Gibson and Jacquot Corporation, upon certain terms and conditions; and dispensing with the second reading of this 1 ordinance. (For full text of Ordinance, see Ordinance Book No. 70, Page 327.) " - :.. -. ¡; ~.. :-, . ::.; ;;:. ~ ¡; : ~. . .' 565 I Vice-Mayor Fitzpatrick moved the adoption of Ordinance No.3 7408-05 1506. The motion was seconded by Council Member McDaniel. The Mayor inquired if thÙé Wère pe~sòhs 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. 37408-051506 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, McDaniel, Cutler, Dowe, and Mayor ~arris------------------------------------------o-----------------------------------------------------------------------6. NAYS: Non e 000 000 -0 00 ____________ -00 000 000 ___ ___ ___m_____m_ 000 00 m_____m___m 00000000-------------0. (Council Member Wishneff was absent.) ~EARING 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. I No citizens signed up to speak. There being no further business, the Mayor declared the meeting adjourned . at 7:20 p.m. APPROVED il:J.f~ Mary F. Parker City Clerk c,l)& C. Nelson ~arris Mayor I 566 ROANOKE CITY COUNCIL June 5, 2006 I 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, June 5, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson ~arris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel (arrived late), M. Rupert Cutler, Alfred T. Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., and Mayor C. Nelson ~arrisn-------mmn----m---------ooo--ooo----ooo-----6. ABSENT: Council Member Brian J. Wishneff __mmmm__m________mmmmm1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson ~arris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, Cutler, Fitzpatrick and Mayor ~arris----------4. NAYS: Non e ___0_______________00____________000__00______________________________------------------0. (Council Member Wishneff was absent.) (Council Members Dowe and McDaniel were not present when the vote was recorded.) I I I I 567 CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council's Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of two Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of Council Member Dowe to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, Cutler, Fitzpatrick and Mayor ~arris----------4. NAYS: Non e m_____n________________________________________________________________________-------0. (Council Member Wishneff was absent.) (Council Members Dowe and McDaniel were not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, Cutler, Dowe, Fitzpatrick and Mayor ~ arri s - ---- - - - - ------ -- -noon n ------ -------- - - ------- - - -- ---- -- -------- -- n -000000-- - - ____ - - ---- - - ---- - - -- 00 - - - - 5 . NAYS: Non e__nnn_n_____________________________________nn___n_________________----00---------0. (Council Member Wishneff was absent.) (Council Members Dowe and McDaniel were not present when the vote was recorded.) Council Member Dowe entered the meeting. 568 CITY COUNCIL: A communication from the City Manager requesting that I Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, Cutler, Dowe Fitzpatrick and Mayor ~ a r ri s - 00 00 00 - - - - - - un - - - - - - - 000 - - - nnn - - - - 00 00 -00 00 00 - - - - - - - - -00- - - - - 0000 - - -00 00 noon - - - - - - - - - - - - 00 000000 00 - - 5 . NAYS: Non e 000000- - -00- -- - - - - 000.__ - - - - 0. 0. U - U --0. - - - - u__ - - _0._0. __ - - - - -0. 00 0. -00000000- 00 00 00 - - - 0 . (Council Member Wishneff was absent.) (Council Member McDaniel was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting, pursuant to Section 2.2-3711.29, Code of Virginia (1950), as amended, to discuss certain confidential proprietary records I excluded from Chapter 37 of the Code of Virginia (1950), as amended, pursuant to subdivision 11 of Section 2.2-3705.6, Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, Cutler, Dowe, Fitzpatrick and Mayor ~ arri s - nU - - - - - - 00 - - - - 00 00 - 00 - - ____ - - - - -000000- 00 - __ 0. _ _ 00 un 00 - - - - 0000 - - noon - __ 00 00 -0000000000-000000 00 00 - - - - 5 . NAYS: No n e 00_0000__000000__00_00______________000000_____00_______00__0000_____________0000_00_0._0. (Council Member Wishneff was absent.) (Council Member McDaniel was not present when the vote was recorded.) I I I I 569 ITEMS LISTED ON T~E 2:00 P. M., COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO T~E 2:00 P. M., AGENDA. TOPICS FOR DISCUSSION BY T~E MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Council Member McDaniel entered the meeting. PROPOSED C~ANGEs TO PENSION CODE: PENSIONS: The Director of Finance presented an oral briefing proposing that Council consider amending the Roanoke City Pension Code to provide that on and after July 1, 2006, all new School Board employees will participate in the Virginia Retirement System (VRS), and providing for a service credit proration for positions eligible for the retirement benefit who work less than a full time schedule. ~e stated that the City's Pension Plan is a multi-employer plan that includes agencies that are a spin-off from the City, such as the Roanoke Valley Resource Authority, Roanoke Valley Juvenile Detention Commission, Western Virginia Water Authority, and Roanoke City School Board employees. ~e advised that the proposed amendments would not affect any employee currently in the City's pension system, but would acknowledge employees who work less than full-time schedules and allow those employees to receive a pro- rata amount of service credit equal to their pro-rata schedule. ~e stated that a recommendation will be submitted to the Council on June 19, 2006 for consideration and approval. The following proposed Pension Plan amendments were reviewed: . Modify City Code to add a provision for all newly hired employees of the Roanoke City School Board to enter the Virginia Retirement System (VRS) . Modify the City Code to provide for pro-rata retirement service credit equivalent to hours worked for less than full-time service 570 Multi-Employer Plan: I · City Employees · Roanoke Regional Airport Commission · Roanoke Valley Detention Commission · Roanoke Valley Resource Authority (All new employees participate in VRS) · Certain Roanoke City School Board employees School Board Employees; · Certain employees participate in VRS o Administrators o Teachers o Paraprofessionals o Clerical Staff - Classified Employees · Certain employees participate in Roanoke Pension Plan o o o Maintenance - Classified Employees Operations - Classified Employees School Cafeteria - Classified Employees I Proposed Plan Amendment: Effective July 1, 2006 - All new employees will participate in VRS · Consistency of pension benefits for all School Board employees · Avoids confusion in compliance with IRS guidelines . School Board concurs with proposed modifications and has amended its Administrative Policy to accommodate the proposed change Service Credit and ~ours Worked · Infrequent occurrences of permanent positions staffed by employees working less than a full time schedule · Employees working less than the full time schedule currently earn full time service credit · Pension Code does not currently provide for partial service credit based on actual hours worked I I I I 571 Proposed Plan Amendment: Effective July 1, 2006 - Amend Pension Code to provide service credit equivalent to hours worked · Provide for equity of benefits between employees working a full- time schedule vs. those working permanent positions at less than a full-time schedule Service Credit Example · Employee working 20 hours receives 20/40, or 50% of a full year's service credit · Employee working 32 hours receives 32/40, or 80% of a full year's service credit · Employee working 40 hours, or a normal full-time schedule, receives full year service credit Proposed Plan Amendments: . Modify City Code to add provision for all newly hired employees of the Roanoke City School Board to enter the Virginia Retirement System (VRS) Modify City Code to provide for pro-rata retirement service credit equivalent to hours worked for less than full-time service worked . SOCCER FIELDS ON RESERVE AVENUE: PARKS AND RECREATION: The City Manager advised that a deficit in the number of soccer fields in the City of Roanoke not only impacts the ability of citizens to participate in soccer and lacrosse, but the City's ability to host tournaments. She stated that a plan has been prepared to provide for potential soccer fields at the Reserve Avenue site which could help the City to address the issue on a short term basis while providing for long-term master planning of the site. Steven C. Buschor, Director, Parks and Recreation, stated that the primary goal is to identify the need for soccer fields; and the national standard for soccer fields for a community the size of Roanoke is 20 to 22, and Roanoke currently has five multi-use soccer fields which has a direct impact on the amount of play on each field. ~e explained that the national standard is between 40 and 50 play opportunities per field, while Roanoke currently has approximately 150 - 200 play opportunities per field, which contributes to the difficulty in maintaining each field. 572 ~e provided the following summary of the Roanoke River Park Revitalization Conceptual Plan: I · The site would incorporate the proposed flood reduction berm which is approximately 75 feet wide and eight feet high. · A portion of the parking lot would be used to incorporate one other full size soccer field, in addition to the second field and the existing field at the Victory Stadium site, with two potential smaller fields on the side · Depending on storm water issues, spaces in between may have to be broadened to allow for surface drainage which may cause a reduction in the size of the field · An additional parking area would be constructed near the river with porous paving material which will allow the water to percolate downward rather than flow off the surface. ~e explained that the process could be started as early as May 30, 2007, and the fields could be ready for play in the fall of 2007; during the process, the City would not include any permanent facilities or structures in the plan until the Master Plan is developed; and portable restroom facilities and concession stands will be utilized. ~e stated that the City is working on an amphitheater feasibility study which will be released in the fall, and it is hoped I that other amenities will be identified and included in the study. Mr. Buschor reviewed the following: Reserve Avenue Renovation Proiect A. Create an Engineering/Construction Administration Solicitation Process Post-Demolition. Survey, engineering, landscape architecture, cost estimating, procurement, project management Cost Estimate: $50,000.00 This brings in one full-service firm that can manage all of the different disciplines that have to be intertwined so that the project has a high level of quality control, continuity, and efficiency. This effort will provide one point of contact for all disciplines, as follows: I 573 I B. Scope of Work 1. Create base map of project area with one foot contours 2. Identify the maximum spatial locations of soccer and lacrosse facilities possible 3. Identify and locate the necessary median parking spaces necessary to facilitate the new fields, as well as service the existing fields at the River's Edge Complex. Any new or renovated parking must comply with new zoning regulations: dust-free, curb and gutter, storm water, landscaping, and tree canopy. 4. Storm water and flood environment compliance 5. Inventory existing water supply and develop above ground irrigation plan 6. Locate potential future athletic and park lighting and electrical needs and incorporate appropriate spatial relationships in the design I 7. Identify utility needs and hook-up configurations for portable restroom needs 8. Identify security fencing requirements 9. Design spectator seating areas (portable bleachers) 10. Identify greenway trail connections from the pedestrian bridge of the Roanoke River Greenway trail for pedestrian and cyclists through the site to connect to the Mill Mountain Greenway through the streetscapes of Reserve Avenue and Jefferson Street to Williamson Road 11. Phase development cycle for procurement phasing 12. Cost estimate entire project elements before development bid package process is activated 13. Firm shall manage all procurement processes to create both the necessary planning and development work for the full project I 574 Time Line May 30, 2007 Authorization to proceed to solicit firm for Item A above June 9 Bid Item A needs through Engineering June 30 ~ire firm for development of documents and specifications July 4th July 21 Demo of existing site conditions complete 75% plans due-provide development cost estimates to City Aug 4 Bid development processes Aug 25 ~ire all subcontractors (45-day contract) Oct 13 Final sodding and seeding complete Play Fall 2007 Can play on existing field in spring 2007 Post Fields Development Proiect(s): 1. Receive the results of the Amphitheatre Feasibility Study (Completed in fall 2006) 2. Prepare Scope of Work for Master Plan of the Reserve Avenue Site. (Commence fall 2006) 3. Identify timeline for the evacuation of Armory, Parks and Recreation Building, and School District Maintenance Facility. 4. If implementation of Master Plan is recognized as a Council priority, integrate Master Planning process, architectural and engineering, and construction into the City's Capital Improvement Program. I I I I I I 575 Council Member Cutler inquired as to how the Victory Stadium drainage problem will be addressed; whereupon, Mr. Buschor advised that the entire site will be regraded with fill material and resodded, grade levels will be elevated and fields will be crowned in order to provide for positive drainage toward the river. The City Manager stated that it may be possible to use the services of the same contractor that was engaged by the City to demolish Victory Stadium to initiate some of the grading for the soccer fields which will not only expedite grading, but could reduce overall costs. Council Member Cutler inquired about the possibility of recycling concrete and bricks from the Victory Stadium site to elevate the soccer field site; whereupon, Mr. Buschor stated that the material could not be used due to flood reduction restriction guidelines, and debris material will be moved to another location by the contractor. ~e further stated that moving the National Guard Armory, Parks and Recreation Administration Division, Parks and Recreation Divisions, and the School Maintenance Building will offer other opportunities in the future which will be addressed in the Master Plan process. Mr. Buschor stated that the targeted timeline is to complete the work in the spring, and with ideal growing conditions and utilizing sod as an alternative to seeding, the soccer fields could be available for activity in the spring, however, the real need will occur in the fall in order to accommodate youth soccer leagues. ~e explained that the month of October is the latest month in the year to place sod in order to grow a stand of grass before the winter months, and some of the work could be done with the existing contractor which will also help to expedite the process. Council Member Dowe inquired about the type of field surface to be used and the flexibility of using the fields for other sports; whereupon, Mr. Buschor advised that the fields will have multi-use purposes and the turf will consist of a Bluegrass Athletic Pro-mix, rather than Bermuda grass which requires a much higher investment; and after the Master Plan has been completed and permanent fields have been identified, the City could explore a potential synthetic sports field that would accommodate extensive playing time. Council Member Dowe encouraged the City Manager to review various options with regard to an amphitheater, such as a raised stage; whereupon, the City Manager advised that the amphitheater study must show that there is a sufficient demand and capacity within the region to support construction of an amphitheater before proceeding to the next phase. 576 Council Member Dowe inquired about the number of available parking spaces; whereupon, Mr. Buschor advised that 340 spaces will be available to support all field activities and there will be opportunities to patrons with Carilion Roanoke Memorial ~ospital to use the hospital's parking deck structure free of charge. At 9:30 a.m., Council Member Lea left the meeting. Council Member Dowe inquired about the timing of the demolition of Victory Stadium and the July 4'h celebration; whereupon, Mr. Buschor advised that the area that is used for shooting off fireworks may be affected, and other logistic questions are under consideration. The City Manager advised that it will be necessary to review the results of the Amphitheater Demand Study before the process for the Master Plan starts in the fall of 2007, with an anticipated completion in early 2007. She further advised that an investment in soccer fields is not only a recreational, but an economic issue because the City receives the benefits from out of the City visitors who spend their money at local motels, restaurants and shopping malls while visiting the area to participate in the various sports activities. She pointed out that for some time the City's competitive edge for attracting sporting events has declined; therefore, it is critical for the City of Roanoke to develop the proposed facilities. Mr. Buschor stated that the trends of other communities with multi- purpose playing fields revealed that clustering the fields together would make the City's venue more attractive for hosting these types of tournaments. Vice-Mayor Fitzpatrick stated that the City of Roanoke is losing most of the major tournaments that bring much needed tax revenue to the locality and increasing the number of soccer/lacrosse fields will provide an immediate impact on revenue. ~e suggested that the City officials work with IDICO to place the City of Roanoke in a more positive position. Council Member Cutler inquired about potential locations where the City could host track and field events, both now and in the future; whereupon, Mr. Buschor advised that currently, the only options available to the City are at the respective schools and tracks that are already established. ~e stated that planning future high school sites with track and field facilities will offer opportunities for the City of Roanoke to participate in national track and field events, and William Fleming ~igh School would be an ideal site to develop for this purpose. I I I I I I 577 Council Member Cutler inquired about the status of Mill Mountain Park and the children's playground facility; whereupon, Mr. Buschor stated that the Mill Mountain Advisory Committee recently took the position that the next step will be to bring the issue to the attention of the City Manager. Mayor ~arris advised that the proposal allows the City to proceed in a way that meets both recreational and economic needs; the plan is and will remain somewhat fluid until a full Master Plan is completed and as certain changes occur such as removal of the National Guard Armory and other buildings on Reserve Avenue, certain things may need to be reconfigured over time; and the Master Plan will include the total site and will be implemented over a period of years. Council Member Cutler moved that Council endorse the Reserve Avenue Renovation project. The motion was seconded by Vice-Mayor Fitzpatrick and adopted. MARKET STUDY: CITY MARKET: The City Manager advised that Tom Low, Consultant, Duany Plater-Zyberg and Company (DPZ), recently presented Council With an overview of multiple recommendations contained in the Market Study, and since that time the City has received input from Downtown Roanoke, Inc., with regard to the recommendations. She also called attention to correspondence from Mark Woods, representing City Market vendors, urging Council and City Administration to move quickly on the recommendation. She requested the guidance of Council to prioritize those items that should be addressed first which will enable the City administration to aggressively pursue those issues that would be appropriate building blocks for future implementation. R. Brian Townsend, Director of Planning, Building and Economic Development, presented the following: (¡tv Market District Plan General Recommendations . Farmer/vendor info displays o Quick and easy o DRI should take the lead 578 · Fill gaps between buildings to create a more pedestrian friendly I atmosphere · Facade Improvement "Kit of parts" guidance for development of fi rst floors · Parking strategies should encourage multiple-destination shopping as part of the marketing strategy · Make garages easier to find and use (new signage) · Encourage liner buildings along Franklin Road (expansion on ground floors) · Use the Merchandizing Plan as a strategy to recruit and establish anchors and to attract new businesses downtown · Expand/reconfigure pocket parks and encourage strong utilization of parks downtown such as Century Park, encouraging monthly activities with "Local Colors" and display of Sister City sculpture pieces I · Incorporate public art into district Special Projects: Centurv Station Parkino Garaoe (to be renamed "Market South Parkino ç¡lraoe" . Description: o Add four stories of residential or boutique hotel o Reconfigure and expand parking (relocate entrance) o First floor retail · Cost estimate: $18.5 million · Responsibility: Public/private · Action: Market the development opportunity I I I I 579 The City Manager requested input by Council as to whether the City should aggressively market the Century Station Parking Garage for upper floor development, which would require a commitment by the City to reorient parking and to some extent ban parking on the first floor to lead the way for the retail aspect to occur. Council Member Dowe inquired about security in the parking facilities; whereupon, Mr. Townsend advised that a separate entrance through the parking garage could be created which would separate public activities from private activities, or access to the upper floors could be allowed by a type of key card system within the existing garage which would negate the need for a separate entrance, however, the developer may wish to approach security issues in a different manner. ~e added that it would also depend on whether the residential area is located in an abutting building rather than in the garage facility. Council Member Dowe stated that he was particularly concerned about overall safety and enhanced visibility of the parking garage facilities; whereupon, the City Manager stated that the garage would have few open spaces for daily parking during the day, and has served as a monthly parking facility for a considerable period of time, and all parking facilities are regularly patrolled by police officers. Market Souare and Stalls Mr. Townsend advised that: . This segment of the project had the most alternatives with the most discussion as it relates to long-term improvements, and initially, a long-term solution would be to replace the awning and canopy system with a balcony system that would be attached, particularly in the block between Campbell Avenue and Kirk Alley, and integrated into the buildings along the frontage on the west side of Kirk Avenue. . This would provide a long-term solution that would reconfigure the way trucks park under the balconies, as opposed to a canopy system, with balconies to afford the benefit of both the market cover and the opportunity to enliven the second level of the buildings along Market Street. 580 · Numerous details will have to be worked out for a long-term solution, including cooperation by property owners of those buildings where balconies will be attached in order to maximize use and to ensure that the buildings will have accessibility to the second floor. I · The proposed improvements will cost approximately $1.2 million. · Discussions have taken place with regard to removing everything currently on the front of the buildings and moving the Farmer's Market function to a kiosk or a covering in the middle of Market Street, with the ability for pedestrian and vehicular traffic to pass on either of the two sides. The idea was met with much concern by farmers insofar as function and operations, primarily in terms of loading and handling large quantities of produce and the comfort level of citizens when walking and sharing the street with vehicles from a shopping perspective. · The consultant suggested a balcony treatment for the first block and a mid-block configuration for the block between Kirk Alley and Church Avenue. I · A short-term issue pertains to existing canopies and awnings on the City Market, and it will be necessary to make a decision in terms of whether to replace the awnings and existing canopies from a visual and functional point of view, which will allow for sprucing up the Market while working on two long-term solutions for the street. · It is clear that the condition of the existing awnings from Campbell Avenue along Market Street need to be addressed even if structural elements are not changed at this time. The City Manager advised that input received from Downtown Roanoke, Inc., suggests that the City proceed with an alternative relative to the balconies and center staging of farmers' stalls; and Downtown Roanoke, Inc., is looking for some immediate reaction to replacement of awnings or canopies. I I I I 581 · Descri ption o Replace canopies with balconies o Consider center stalls along a portion of Market Street · Cost estimate - $1.2 million total o Stalls o Balconies o Awnings o Kiosk $169,000.00 $698,000.00 $180,000.00 $ 42,000.00 · Responsibility: City · Considerations o Phasing: Bottom up - need to do the underlying infrastructure first o Timing: If balconies will take more than two years, need to consider replacing canopies · Description o Paving options o Unified, high quality design for street furniture and fixtures · Cost: $254,000.00 (streetscape only) · Responsibility: City · Considerations o Brick prohibitively expensive o Stamped asphalt not recommended Vice-Mayor Fitzpatrick stated that short-term and long-term issues should be separated, and immediate needs should be reviewed as soon as possible as opposed to planning for potential changes. 582 Mr. Townsend stated that Center in the Square will engage in a level of strategic planning due to the future relocation of the Art Museum and it should be determined if the balcony concept resonates with their planning efforts. If so, he stated that would give the City another opportunity for long-term planning, balconies should be constructed on both sides of the street, and all ideas will be brought to the table and considered in conjunction with any private property decisions that will have to be made. Vice-Mayor Fitzpatrick and Council Member Cutler agreed that balconies should be constructed at both sides of the street, however, a considerable amount of discussion needs to occur prior thereto. The City Manager called attention to the need for indepth discussion as to what the City will control. She added that Downtown Roanoke, Inc., has made the assumption that the City will be responsible for creation of the balconies, however, she could take the opposite position by suggesting that balconies should be addressed by individual property owners as an enhancement to their property. Since balconies could cause the upper floor to be marketed in a different manner, she stated that it could playa large part in the decision as to who will be ultimately responsible for the costs. Council Member Dowe called attention to concerns that have been expressed with regard to functionality and the ability to load and unload at Market stalls, and inquired if the cadet squad or some other entity could be engaged to assist with loading and unloading. Mr. Townsend replied that this would be a role that DRI and the City could play in terms of owner and operator of the Farmer's Market, there is currently an area in the market square for loading and unloading, but options in the narrow portion of Market Street are more limited because stall space is smaller with less freedom of movement than in the Market Square, and another option would be the placement of vendors in locations where they could best function in terms of available space and needs. ~e stated that the Market Square was conceived as a permanent structure that could be used by vendors and during off times or in the evening, the area could become an impromptu meeting or gathering place, but the idea is that the Market Square will be a much more prominent architectural element as a centerpiece in the street, as opposed to on the side of the street, and will be more viable within its own context, as opposed to being an appendage to the buildings on the west side of the street. Council Member Dowe inquired about access to the area by emergency vehicles; whereupon, Mr. Townsend stated that the vehicle passage way on both sides of the street will be over 13 feet. I I I I I I 583 Council Member Cutler stated that balconies on both sides of Market Square have merit, but he could not envision balconies along Market Street, since offices currently exist on the second floor of some buildings. ~e added that the treatment should be consistent from Campbell to Kirk to Church Avenues, and he was concerned about the architecture that resembles the Paris Metro, which may be attractive but may not be workable. ~e also suggested the widening of sidewalks, the provision of parking at an angle, and refurbishing and making the awnings deeper while maintaining the current modes operindae. Mayor ~arris called attention to certain information that was provided to the Council indicating that if installation of the balconies takes longer than two years, the City should consider replacing the canopies. ~e stated that his assumption was that it would take more than two years to install the balconies. ~e agreed that the City Market area has a "tired look" and encouraged the City Administration to proceed with plans to replace awnings and sidewalk cleanup, etc., because he did not anticipate that plans for balconies will be implemented within the next two years. ~e questioned whether automobiles and trucks sharing the same space with pedestrians would cause visitors to sense that the market area is not as open or free in terms of mobility as it currently is, therefore, he stated that was not receptive to that particular concept. ~e advised that balconies will provide a mechanism to give life to the second floor, as opposed to an aesthetic architecture amenity to the Market Building, and discussion should center around the kind of life, retail or otherwise, that balconies would provide for the second floor of many of the buildings, rather than some type of architectural novelty. Mr. Townsend referred to streetscape and paving and noted that the consultant stated that there would be areas of opportunity to improve streetscape and to create more uniformity, including the use of new crosswalks and sidewalks. ~e pointed out that some of the current streetscape has existed for over 20 years. ~e stated that the consultant identified brick crosswalks as the desired type of crosswalk improvement, however, the City is of the opinion that asphalt will be a better choice and provide for a smoother surface than bricks. Vice-Mayor Fitzpatrick stated that in the past when improvements were made throughout the City, bricks and pavers were removed and filled in with concrete, there is no way that the City could go back to uniformly using bricks, therefore, the use of asphalt will be more affordable and should only be used on both sides of the Market area, in the Market Square, and up Campbell 584 Avenue, which would help to set the City Market apart as a unique place, along with crosswalks that would be designed in a different way. In order to set the Market apart, he added that there should be some physical change that would allow the area to be immediately noticeable. Mr. Townsend noted that the use of certain types of street lights could also set off the Market area, and asphalt or other special paving would be easier to maintain. With regard to outdoor dining opportunities, Council Member Cutler stated that current sidewalks are too narrow, particularly for wheelchairs and for pedestrians in general, and people sometimes have to step off the sidewalk into the street to move past barriers that separate the dining area from the sidewalk. Therefore, he suggested that the City consider closing the streets to vehicular traffic on weekends which would attract more people to the downtown area on a regular basis. Stepped Plaza Mr. Townsend advised that there is currently a weak relationship between the pedestrian bridge, The ~otel Roanoke and Conference Center and the Market area corridor in terms of internal circulation through a series of escalators that transport pedestrians down at a 45 degree angle in route to the Market area. ~e explained that the proposed plan calls for a reconfiguration of the pedestrian bridge ending where pedestrians reach onto an open plaza, with steps that will bring pedestrians to the end of Market Street, Wall Street and Salem Avenue, which will replace the current escalator system and retain the elevator within the stair tower for handicap accessibility. ~e added that the plan re-invigorates and recommits how the area terminates, however, it is a costly endeavor at approximately $2 million, but provides a different gateway between the north side of the railroad tracks and The ~otel Roanoke to downtown, and also creates a gathering place in downtown Roanoke with a series of plazas and steps. · Description o Stairs leading from pedestrian bridge to street level o Designed as a social gathering place · Cost: $2 million · Responsibility: City of Roanoke I I I I I I 585 . Considerations: o Stand-alone activity o Could be structured with retail/vending stalls, so potentially income producing The City Manager advised that the escalators have been closed during the late evening hours until early morning in order to avoid unfavorable activities that have occurred in the past and improved location signage has been erected for the benefit of those persons who prefer to use the elevator within the stair tower. She reminded Council that a position was approved in the City's 2006- 2007 fiscal year budget for a part-time position to serve as an ambassador for persons coming across the walkway who need directions, to monitor the cleanliness of the walkway and to report any necessary activities. She advised that the style of stepped plaza which is proposed by the consultant is costly, and if Council has a specific interest, other design and construction options could be explored. Vice-Mayor Fitzpatrick stated that Downtown Roanoke, Inc., will playa significant role to ensure that there is a connection between The ~otel Roanoke and downtown; there is a consensus that the project needs to be done, but it does not need to be quite as elaborate as is proposed by the consultant, and it is essential to create a plaza with a plan and a theme for a gathering place. Citv Market ~all Mr. Townsend stated that in the short-term, upon completion of roof replacement, certain exterior painting and maintenance issues will need to be addressed, along with interior upgrades and cosmetic improvements, new furniture and ceiling lights. . Description o Overall FF&E/cosmetic improvements o Improve appearance of food court (e.g. lighting) o Third floor: Should become flexible event space, install bathrooms o Second floor: 1-2 restaurants with balcony dining to allow outdoor dining on that level o First floor: Push food court dining to exterior of building, opening dining literally to the streets, but retain activity on the inside 586 · Cost: $2.96 million · Responsibility: City of Roanoke · Considerations: o Top-down sequencing o Third floor tenant upfit o Save first floor for last, with most impactful activity in terms of reconfiguration of the building and its operation Vice-Mayor Fitzpatrick advised that other than Mill Mountain, the Market Building is the greatest jewel in the City of Roanoke, but the building has never operated in the way that it should. ~e stated that the City should consider closing the streets on both sides of the Market Building since they are no longer necessary for traffic movement, and the critical mass of the Market Building is not sufficient to make the building work as a shopping center or retail center. ~e suggested removal of the mezzanine and establishment of the third floor level as a place to dine, with a curved stairway, and cut a whole in the roof, if architecturally feasible, to enable sunlight to filter through the window down to the first floor. Council Member McDaniel inquired if improvements starting on the first floor would provide the greatest impact; whereupon, Mr. Townsend stated that from a construction point of view, renovation normally starts on the top floor and works down, and infrastructure must be in place on the third floor before moving to the first floor. ~e stated that it is believed that the third floor could be renovated with minimal impact on the first floor. The City Manager asked for input by Council with regard to closing two one-way streets in the City Market area. Council Member Dowe stated that prior to making a decision, he would like more information on the hours of operation, and all plans for Market improvements and inquired about the success of the Sunday operating hours on the City Market. I I I I I I 587 Mr. Townsend responded that Sunday business on the Market is going well, but there has not been a lot of interest by vendors as a group in the City Market building toward Sunday operating hours, and speaking from a landlord point of view, to open the Market building for one or two vendors would not be cost effective. ~e also stated that any street closing would be a sensitive issue, and suggested that the City take Hbaby steps" by installing barriers on the streets for a period of time so as to ease people into a certain level of comfort and at some point in the future more permanent steps could be taken. Williamson Road Development Mr. Townsend called attention to three locations at one intersection where the consultant felt strongly that there was an opportunity for infill development that would give the corner an urban feel; Le.: at the end of Church Avenue, at a jointly owned parking lot, and in front of the Norfolk Southern building. ~e stated that it is the City's responsibility to market the idea consistent with the plan in order to receive private sector responses; it is a good development site downtown and provides a good vista to terminate Church Avenue at Williamson Road versus looking at the back of the interstate abutment, and offers an infill opportunity for more density and activity at an important intersection in downtown Roanoke. ~e stated that the new Art Museum will provide an important anchor to the northeast corner of the district, there is an opportunity to anchor the southeast corner, and the biggest opportunity to anchor the southwest corner of the district is at the corner of Church Avenue and Jefferson Street with the former ~eironimus Building being a key consideration, as well as the northeast corner next to Wachovia Tower and the area immediately to the west. . Description o Multipurpose retail/entertainment building . Cost: $13.6 Million · Responsibility: Private sector 588 lefferson Street I Mr. Townsend stated that Jefferson Street is synonymous with the entrance and exit into downtown Roanoke; and the consultant submitted a variety of recommendations related to establishing anchors along the street with a merchandizing plan to begin to identify an appropriate range of uses along this important corridor, and development design of guidelines from the outset for property owners along the street for both utilization of facades and first floor activity. ~e stated that a major anchor was established at 204 Jefferson Street, and if the City can begin to replicate those types of new developments at key intersections, other infill will occur. · Various recommendations to make Jefferson Street a retail destination o Recruit/establish anchors for merchandizing plan o Kit of parts for storefront improvements · Responsibility: Public/private The City Manager presented the following summary of her understanding of the Council's comments: · Reinforce the concept of a stepped plaza and create a place for people to gather. I · Immediately address the issue of awnings that will be discussed at a later time and whether or not there is an opportunity for balconies to create additional locations for retail or office space. · Council was not supportive of relocating the farmers' stalls to the center of the street. · Council was supportive of the marketing of Century Station Parking Garage, Council would be committed to public participation in the project if a developer could be identified, and the City would bare the expense of relocating and expanding the parking spaces. · Council supported the idea of defining the City Market area with asphalt paving in various locations, and identifying a way to deal with those areas that are currently bricked that do not have rideability, including Wells Avenue. I I I I 589 · City staff should address exterior issues and cosmetics of the Market Building and identify, at least temporarily, a way to improve the interior, with the lighting issue being addressed first, and costing out third floor improvements. · City staff will submit options with regard to the closure of the two one-way streets on a temporary basis in order for vendors to become accustomed to the idea of closure, while moving long-term toward permanent closure of the streets. · Council supported the aggressive marketing of private sector development along Williamson Road. If any Member of Council has questions or concerns with regard to the above summarization, the City Manager requested that she be advised as soon as possible. She stated that the City Market project will be a multi-year activity and some issues warrant more discussion prior to implementation. The Mayor stated that various issues will continue to come back to the Council piecemeal, and there will be opportunities for further discussion by Council and for public input. Council Member Lea returned to the meeting. At 10: SO a.m., the Mayor declared the Council meeting in recess until following a meeting of the Audit Committee which was scheduled to convene at 11 :00 a.m., in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. The Council reconvened at 11:45 a.m., in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, with Mayor ~arris presiding and all Members of the Council in attendance, except Council Member Wishneff. TRAFFIC: The City Manager introduced a briefing on the Central Roanoke Mobility Study and called upon Mark Jamison, Traffic Engineer, and Paul P. Anderson, ~ayes, seay, Mattern and Mattern, for a briefing on Elm Avenue, Franklin Road, Colonial Avenue/Wonju Street, and New Roberts Road to Overland Road Connector. 590 Elm Avenue Alternative EA-1 Remove the concrete median and the south sidewalk across both the mainline and the railroad. Restripe the bridges to provide six lanes (two through lanes and a left-turn in each direction) in a tight diamond configuration. Add an eastbound through-right between the southbound exit ramp and 4'" Street. Taper the eastbound Elm Avenue lanes back to two lanes just past the convenience store east of 4'h Street. Add a right turn lane westbound between 4'" Street and the northbound entry ramp. Add retaining walls as required and an extra lane on both the southbound and northbound exit ramps. This lane will allow dual lefts northbound and a shared left-through-right lane southbound. Adjust sidewalks, islands, and crosswalks to accommodate pedestrians with the new configuration. If pedestrian access is required on both sides of the bridge, a separate pedestrian bridge should be constructed on the south side of the bridge. Alternative EA-2 Construct the southbound ramps and bridge modifications as described above for Alternative EA-1. On the northbound ramps, shift them to the east to the current location of 4'" Street, which would be closed between Mountain Avenue and Bullitt Avenue. This would provide significantly more storage between the ramps and would eliminate several conflicting movements by closing 4th Street. It would also require the purchase of several business properties. Alternative EA-3 Construct a Single Point Urban Interchange at Elm Avenue. Provide a new bridge with 16' - 6" vertical clearance and adjust the grade as necessary between Williamson Road and 4'" Street. Provide for dual left turns on all approaches. Close the median at 4'h Street. Provide a median turnaround loop between Bullitt and Jamison Avenues at 6'" Street. Lengthen the merge zone on both northbound and southbound ramps to accommodate merging on the ramp and mainline. The northbound bridge at Tazewell Avenue and both the northbound and southbound bridges at Albemarle Avenue would need to be widened to accommodate the dual lane ramps. I I I 591 I Alternative EA-4 Southbound - Construct a grade-separated flyover using retained earth structure and bridge to allow southbound 1-581 to eastbound Elm Avenue traffic to cross above the interchange and merge into eastbound Elm Avenue west of 6'" Street. This would require the widening of the bridge over Tazewell Avenue to lengthen the ramp to provide adequate decision time. It would also require construction of piers in the median and adjacent to the mainline lanes. The convenience store at the southeast corner of 4'h Street and Elm Avenue would be acquired. The connection to 5'h Street would be closed and a new connection parallel and south of the ramp terminus would be provided across the convenience store property. The ramp from southbound 1-581 to westbound Elm Avenue would be converted to serve dual rights at a signalized intersection, which would also accommodate the westbound Elm Avenue to southbound 220 left turns. I Northbound - Construct a new loop ramp north of the bridge to allow free flow right turns from northbound Route 220 to westbound Elm Avenue. The ramp radius and horizontal clearance to bridge piers are less than desirable, and construction of the ramp would require the acquisition of two commercial properties. Remove the sidewalk on the north side and the median to provide room for the lane from the loop ramp. The sidewalk on the south side of the bridge would remain open. Close 4'" Street to southbound traffic onto Elm Avenue and relocate the Elm Avenue to northbound 1-581 entrance ramp to the existing 4'" Street location. I Alternative EA-5 Southbound - Construct a grade-separated flyover using retained earth structure and bridge to allow southbound 1-581 to eastbound Elm Avenue traffic to cross above the interchange and merge into eastbound Elm Avenue west of 6'" Street. This would require the widening of the bridge over Tazewell Avenue to lengthen the ramp to provide adequate decision time. It would also require construction of piers in the median and adjacent to the mainline lanes. The convenience store at the southeast corner of 4lh Street and Elm Avenue would be acquired. The connection to 5'" Street would be closed and a new connection parallel and south of the ramp terminus would be provided across the convenience store property. The ramp from southbound 1-581 to westbound Elm Avenue would be converted to serve dual rights at a signalized intersection, which would also accommodate the westbound Elm Avenue to southbound 220 left turns. 592 Northbound - Add retaining walls as required and an extra lane on both the 220 northbound exit ramp to allow dual lefts onto westbound Elm Avenue. The 1-581 northbound entrance ramp would remain in its current configuration. I Alternative EA-6 Construct a diverging diamond interchange at Elm Avenue. Utilize the existing bridge. Realign the southbound exit ramps and widen to allow dual lefts and a single right turn lane. Close the median at 4th Street and shift the northbound ramps to this location. Reconfigure Elm Avenue to allow the crossover of through traffic at each of the signalized intersections. Franklin Road Alternative FR-1 Southbound - Lengthen the merge area by adding an additional lane across the Roanoke River and NS Railroad Bridge to create an auxiliary lane that serves as the acceleration lane for traffic from Franklin Road to southbound 220 and also serves as the deceleration lane for the Colonial Avenue exit ramp. Northbound - Widen the bridge over the Roanoke River and NS Railroad to I create an auxiliary lane between the Wonju Street entrance ramp and the Franklin Road exit ramp. Note: This bridge widening will require the reconstruction of the Brandon Avenue Bridge with center piers to allow the removal of the outside piers to create room for the auxiliary lanes. Alternative FR-2 Southbound - Lengthen the merge area by adding an additional lane across the Roanoke River and NS Railroad Bridge to create a longer merge length for traffic from Franklin Road to southbound 220. Increase the radius of the southbound on ramp to allow a higher speed entry to provide less speed differential at the merge point. The merge area would terminate just north of the Brandon Avenue Bridge, so no reconstruction of that bridge would be required. I 593 I Northbound - No change Colonial Avenue/Woniu Street Alternative CW-1 Southbound- At Colonial Avenue, extend the deceleration lane back as part of the auxiliary lane between the Franklin Road entry ramp and the Colonial Avenue exit ramp. This will require widening of the bridge over the Roanoke River and NS Railroad and the reconstruction of the Brandon Avenue Bridge to allow extra width for the lane. Create dual left turn lanes and a single right turn lane on the exit ramp. Modify Colonial Avenue to provide two through lanes and one left turn lane southbound to the southbound entry ramp. Provide a narrow raised median to prevent left turns northbound from Colonial Avenue at 23" Street. Modify the southbound 220 to eastbound Wonju Street loop ramp to shift it closer to Colonial Avenue and move the (gore) point west. I Northbound - At Wonju Street, eliminate the northbound 220 loop ramps (exit and entry) and replace with an at-grade signalized intersection that serves as the entry and exit ramps northbound. Consider adding a new two lane link between Broadway at Colonial Avenue and Winthrop Avenue at 26'" Street to provide access to vehicles turning left from a turn lane rather than allowing them to block flow on Colonial Avenue while waiting to turn left onto 26'" Street. This would create potential increased cut through traffic which would require traffic calming measures to mitigate. The alternative is the construction of a narrow median along Colonial Avenue at 26" Street to prevent left turns from Colonial Avenue to 26th Street. This would prevent the potential for cut through traffic and backups on Colonial Avenue near 26" Street, but would also significantly reduce accessibility to properties along Winthrop Avenue and to the southwest part of Towers Mall. I Alternative CW-2 Southbound - At Colonial Avenue, extend the deceleration lane back to the Brandon Avenue bridge (This is compatible with Alternative FR-2). Create dual left turn lanes and a single right turn lane on the exit ramp. Widen Colonial Avenue to provide two through lanes, one right turn lane, and one left turn lane southbound to Wonju Street. Provide one left turn lane, one through lane, and one right turn lane on the northbound approach on Colonial Avenue at Wonju Street. Provide a new fourth leg on Wonju Street at the Colonial Avenue intersection to connect with the extension to Brandon Avenue (Alternative 2 from the Colonial Avenue/ Wonju Street Study) with one left turn lane, two through lanes, and one right turn lane. At Wonju Street, eliminate the northbound loop ramps 594 (exit and entry) and replace with an at-grade signalized intersection that serves as the entry and exit ramps northbound. The loop ramp southbound should be modified to shift it closer to Colonial Avenue and move the (gore) point west. New Roberts Road to Overland Road Connector Alternative RO-1 Construct a new two lane connector between Franklin Road and Overland Road across Route 220 to provide relief to Wonju Street and a better connection between South Roanoke and the schools (Fishburn Park, James Madison, Patrick ~enry, and Virginia Western Community College) and businesses along Brandon Avenue and Brambleton Avenue. This road would generally follow the alignment of Roberts Road, continue along the edge of the Cycle Systems property before swinging to the south on bridge structure across Ore Branch, Route 220, and the NS Railroad before tying back to grade and connecting to Colonial Avenue opposite Overland Road. Mr. Jamison advised that in approximately 30 days Council will be briefed on the Orange Avenue/Williamson Road portion of the study. At 12:45 p.m., Council convened in Closed Session. At 2:00 p.m., on Monday, June 5,2006, 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 ~arris presiding. PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly 1. Fitzpatrick, Jr., and Mayor C. Ne I son ~arris n______________mnm___mmnn________n____________u__________nnnm_7. A BS E NT: Non e - 000 - - - - - - - - -----00- 00 00 00 -00-0000- - - - - un - - - - 00 00 - - - - - - -00- 00- 00 - - 00 00 - - - - - - - - - - 00 O. The Mayor declared the existence of a quorum. I I I I I I 595 OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor C. Nelson ~arris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor ~arris. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor presented a proclamation to Abigail Bartley, Regional Development Director, American Cancer Society, declaring June 16 - 17, 2006, as Relay For Life Days. PROCLAMATIONS: The Mayor presented a proclamation to James R. Justice, former President of the Fincastle Resolutions Chapter of Sons of the American Revolution and Past President of the Virginia Society of Sons of the American Revolution, declaring June 9, 2006, as Sons of the American Revolution 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, the item would be removed from the Consent Agenda and considered separately. CITY COUNCIL: Minutes of the special meeting of Council held on Monday, April 17, 2006, and the regular meeting of Council held on Monday, April 17, 2006, were before the body. Vice-Mayor Fitzpatrick moved that Council dispense with the reading of the minutes and that the matter be approved as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s umnnnmm_h_mm_mnm_______mmmm__hnm_mmn7. NAYS: Non e 00-00-- 00000000---00-----------00---00-00--------00-00--00-00---------00--00----000----0. 596 EASEMENTS-STREETS AND ALLEYS: A communication from the City Manager requesting a public hearing be scheduled on Monday, June 19, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, with regard to a proposed encroachment into the public right-of-way of Southern ~ills Drive, S. W., for a retaining wall for ~ome Depot, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wish neff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s nm_m_n_mm_mmnmmm_mm_mmm_mnnm_m_m7. NAYS: No n e 000000000000000000_____00___00_____0000000000000000000000000000000000_000000000000_00000. PARKS AND RECREATION-COMMITTEES: A communication from Gwendolyn W. Mason tendering her resignation as a member of the Parks and Recreation Advisory Board, was before Council. Vice-Mayor Fitzpatrick moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s mmnmmmmm_mmnmmm__nn______nnnnnn___n___7. NAYS: Non e n_nn______n__n__n_n________nnnnnnh____nnnn_______nnnnn00--------0. OAT~s OF OFFICE-COMMITTEEs-PENsIONS-WATER RESOURCES: A report of qualification of the following persons, was before Council: Michael W. ~anks for a term ending June 30, 2008, and John G. Reed for a term ending June 30, 2010, as members of the Board of Trustees, City of Roanoke Pension Plan; and M. Rupert Cutler as a member of the Western Virginia Water Authority Board of Directors, for a term commencing July 1, 2006 and ending June 30, 2010. I I I I I I 597 Vice-Mayor Fitzpatrick moved that the report of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris _nu_h_nn__mnnm_mmm_m__mmmmnnnm_mm_m7. NAYS: Non e __m____UU____nnnn____nnn____n___nnn____nU__hnn___nnnn__-00-----0. REGULAR AGENDA PUBLIC ~EARINGS: NONE. PETITIONS AND COMMUNICATIONS: SC~OOLS: Dr. Robert ~. Sandel, President, Virginia Western Community College (VWCC), presented an update on activities during the past year. ~e advised that: · There are 23 community colleges in the Commonwealth of Virginia, with over 250,000 students in the Commonwealth of Virginia. · VWCC started in Roanoke in 1966 as Roanoke Technical Institute on the southern side of the present campus and the University of Virginia was located on the northern side of the campus; the two colleges were merged and in 1966 VWCC became operational. · VWCC serves the City of Roanoke, the City of Salem, the County of Roanoke, Craig County, a portion of Botetourt County and portion of Franklin County and it is the fourth largest community college in the Commonwealth of Virginia. · 70 per cent of the student population comes from the City of Roanoke and Roanoke County, approximately 15 per cent from the City of Salem, Franklin and Botetourt Counties, and 15 per cent from Montgomery and Bedford Counties. 598 · During the past year, VWCC had 12,576 unduplicated credit students, with 25 to 30 per cent of students from the City of Roanoke, and approximately two-thirds of the 12,576 students are part-time. I · The City of Roanoke has the largest single campus in the community college system, about one in every three students is a parent,· excluding dual enrollment, and about 80 per cent of the students work. · VWCC is a commuter campus, with no dormitories, and no athletic teams. · VWCC continues to experience growth, about one-third of the student population receives some type of financial aid, and the college has the highest per centage of high school graduates of any of the 23 community colleges, with 20 to 25 per cent of all high school seniors attending VWCC upon graduation from high school. · Students who transfer from VWCC have the highest grade point average of any of the other 23 colleges in the Commonwealth, as. well as the highest writing sample and writing comprehension of any of the 23 community colleges, and VWCC ranks in the top three community colleges in Virginia in math and computer literacy. I · 85 per cent of graduates remain in the Roanoke area upon graduation. · The average age of students is 29, with 60 per cent being female. · VWCC offers allied health programs, including the registered nursing program, licensed practical nursing, dental hygiene, and radiography, all of which have maintained a 95 per cent national score passage rate since 2001; the national average of the programs is in the high 80's, with VWCC scoring 95 to 98 per cent passage, and the registered nursing program maintained the highest test scores of every two and four year colleges in the Commonwealth of Virginia during the past year. I I I I 599 · A new $18 to $20 million complex consisting of 70,000 to 80,000 square feet for a health, natural sciences and math complex is currently under consideration by the State legislature. · VWCC employs 22 5 full-time persons and 300 part-time persons. · 40 per cent of students attend VWCC in order to transfer to other colleges and universities; 60 per cent of students enroll to learn a skill in order to enter the world of work, and 80 per cent of future jobs will be for non-four year college graduates at the technician/skilled worker level. · VWCC offers a full staff of Workforce Development employees who provide training programs for industry and business, and a City Emergency Medical Technician program and Fire and Rescue Academy programs are offered. · Construction is currently underway for a new engineering and technology building that will include the latest in technology and equipment; and VWCC is the first of the 23 community colleges offering a full transfer to the Virginia Tech Engineering program. Marilyn ~arris, representing Cox Communications, advised that VWCC worked with the cable company to establish a two year certification program which is a combination of Virginia Western Community College courses, Cox Communication web courses and on-site training, leading to a certified program with credits that can be used toward a collage degree. She stated that the program has been so successful that it will be expanded to include front line employees in the near future. Vice-Mayor Fitzpatrick expressed appreciation for the classes offered at VWCC to address workforce development which is one of the most serious issues facing the Commonwealth of Virginia, as well as transportation problems. ~e stated that the sooner both issues are addressed, the better off the Commonwealth will be in terms of creating jobs and providing benefits, not just for the City of Roanoke, but the entire Roanoke Valley and the region. 600 Council Member Dowe commended Dr. Sandel and his executive staff for the quality of education that is offered by VWCc. ~e stated that statistics would suggest that a large number of students enrolling at VWCC are products of the Roanoke City Public School system. Dr. Sandel advised that VWCC is working with the Superintendent of Schools with regard to offering occupational technical programs. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRE DEPARTMENT: The City Manager submitted a communication advising that in 2005, the United States was hard hit by the most active hurricane season in history; hurricanes Katrina, Rita and Wilma devastated Louisiana and Florida, leaving paths of destruction that continue to be cleaned up today. It was further advised that to assist with the hurricane recovery in the devastated regions, Roanoke Fire-EMS was called upon by the Virginia Department of Emergency Management (VDEM) during fiscal year 2005-06 for three different deployments; the first deployment consisted of six individuals who departed from Roanoke on October 3 to assist Calcasieu Parish in Louisiana; while there, they helped get the City back on its feet after ~urricane Rita and assisted with clean up and basic day to day activities; the group returned to Roanoke on October 23; on October 25, a second team of six individuals left for Moore ~aven County, Florida, to help the area recover from ~urricane Wilma; the team assisted with getting sewage and water back on-line and staffed the Emergency Operations Center, and returned to Roanoke on November 9; in December, Roanoke Fire-EMS sent the final deployment back to Louisiana to Cameron Parish, and the seven man team also worked in the Emergency Operations Center and assisted in the recovery from ~urricane Rita. I I I I I I 601 It was explained that Roanoke Fire-EMS incurred expenses due to overtime and supplies which are now being reimbursed by the Virginia Department Emergency Management (VDEM); funds recovered from VDEM will be used to cover expenses incurred by Fire-EMS during the three deployments in 2005; and Roanoke Fire-EMS has submitted all requested receipts and paperwork will work with VDEM to secure reimbursements. The City Manager recommended that Council authorize the Director of Finance to establish a revenue estimate in the General Fund from VDEM, in the amount of $158,939.00, and appropriate funds to the following Fire-EMS accounts: 001-520-3211-1003 - (overtime) 001-520-3212-1003 - (overtime) 001-520-3213-1003 - (overtime) 001-520-3521-1003 - (overtime) 001-520-3212-2044 - (training and development) 001-520-3213-2030 - (administrative supplies) 001-520-3212-2144 - (business meals and travel) 001-520-3521-2066 - (program activities) $ 6,950.00 $ 7,883.00 $60,377.00 $ 4,467.00 $ 5,000.00 $11,545.00 $22,717.00 $40,000.00 The City Manager further recommended that she be authorized to execute the required agreements and any other related documents, to be approved as to form by the City Attorney. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37409-060506) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for reimbursement to the Fire Department of hurricane deployment related expenses, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 329.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37409- 060506. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s nnmmm_mm_hmnmmmmmhm_nnmnmhnn_mn7. NAYS: Non e 00 m 00 - - - - - - - - - - - - noon - - - 00-00 - - - n__ - - noon - - - - - - n nn 0. 00 - - - noon - - _n_ - - -0000- O. 602 CITY CODE-CITY MARKET: The City Manager submitted a communication advising that Downtown Roanoke, Inc. (DR!) is the City's operator of the ~istoric Roanoke City Market (Market) area spaces; DRI has received many requests from market vendors, storeowners, and others to provide regular Sunday operating hours for the Market; in response, DRI has been coordinating, under a Special Event Permit for DRI, for use of the Market area on Sundays from 10:00 a.m. to 4:00 p.m. by various vendors since March 20, 2006, to ascertain the response to Sunday hours; and the response has been positive. It was further advised that in view of the positive response, DRI has requested that the City amend Section 24-64, Code of the City of Roanoke (1979), as amended, to change the days of operation from Monday through Saturday to Sunday through Saturday on a regular basis; DRI has also requested that Council amend the Fee Compendium for Fees for use of market spaces to reflect Sunday operations; such change would require that the current Daily Permit Fee reflect that $10.00 per space per day would now apply to Sunday use as well as Monday through Thursday use; fees for Friday and Saturday use and other permits would remain the same; the changes will provide for more activities to be available for the downtown area on Sundays; and DRI has requested that the changes be made effective July 1, 2006. The City Manager recommended that Council amend Section 24-64, Operatino hours, of the Code of the City of Roanoke (1979), as amended, to change the days available for operation of the Market from Monday through Saturday to Sunday through Saturday, with the days and hours for operation of the Market to be established by the City Manager; and that Council approve the change for market space fees, and amend the Fee Compendium to reflect the change, effective July 1, 2006. Vice-Mayor Fitzpatrick offered the following ordinance: (#37410-060506) AN ORDINANCE amending and reordaining Article III, Public Markets, of Chapter 24, Public Buildinos and Propertv Generallv, of the Code of the City of Roanoke (1979), as amended, by amending §24-64, Operatino ~ours, to change the days the Market is available for operation from Monday through Saturday to Sunday through Saturday; providing for an effective date; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 330.) I I I I I I 603 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37410- 060506. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s nm_nmnnmm_nm_nm_mn__________________n_mnm_nn7. NAYS: Non e _m___nnnn___n_____________nn____n______nn_n____nn__n__n----00----00---0. Vice-Mayor Fitzpatrick offered the fOIl¿Wing resolution: I (#37411-060506) A RESOLUTION providing for an amendment to the fees charged for the use of market spaces at the Roanoke City Market, with such changes to be effective July 1, 2006; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 70, Page 331.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37411- 060506. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayo r ~arris _mnmmmmnnmm__m_mooonmmmmmooo_mmnm_7. NAYS: Non e n______n_n__nnn___n____n_______n___unn__________nnn_nnnnn00-00_____0. BUDGET-~UMAN DEVELOPMENT: The City Manager submitted a communication advising that Social Services, through the Foster Care Program, provides out-of-home placements for children who are in need of protection and can no longer live at home; for those children who are deemed eligible for Title IV-E funding, the Federal and State governments will reimburse localities for the costs of out-of-home placements at 100 per cent of maintenance, day care and visitation-related transportation; and Federal and State funding is also available to assist with maintenance costs and special needs for adoptive families and to assist with refugee resettlement. It was further advised that the City of Roanoke will receive additional funding for Foster Care, Special Needs Adoption, Subsidized Adoption and Refugee Resettlement for fiscal year 2005-2006, in the amount of $355,000.00; Social Services currently maintains over 600 children who are in Foster Care, or receive some type of adoption assistance, and the cost of providing services to these children continues to increase; and many of children have difficulties that require special needs payments. 604 The City Manager recommended that Council adopt a budget ordinance to increase General Fund revenue estimates by $355,000.00 and appropriate funding in the same amount as follows: I Revenues 001-110-1234-0679 (Refugee Program) 001-110-1234-0675 (Foster Care) $ 5,000.00 350.000.00 355,000.00 $ 5,000.00 200,000.00 100,000.00 50.000.00 355,000.00 Appropriations 001-630-5313-31 SO (Indo-Chinese) 001-630-5314-3115 (ADC Foster Care) 001-630-5314-3130 (Special Needs Adoption) 001-630-5314-3155 (Subsidized Adoption) Council Member Dowe offered the following budget ordinance: (#37412-060506) AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the Department of Social Services, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 332.) I Council Member Dowe moved the adoption of Ordinance No. 37412- 060506. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris _____mummmmmummmnnmm_nnmmnm_nnm___7. NAYS: No n e nnnnnnnnnnnnnnn_nnn____nn_o._uu_nnn_n_nnnnn_uunnnnO. BUDGET-YOUT~: The City Manager submitted a communication advising that the City of Roanoke Outreach Detention/Electronic Monitoring and Sanctuary/Crisis Intervention Programs provide court-ordered, pre-dispositional, intensive supervision of juveniles living within the community; program services are provided to juveniles who reside in the City of Roanoke and other jurisdictions such as Roanoke County, Botetourt County, the City of Salem, I I I I 605 Craig County, and Alleghany County and each outside jurisdiction pays for the services provided; the fiscal year 2005-06 revenue estimate for Outreach Detention/Electronic Monitoring Services is $50,000.00; the fiscal year 2005-06 revenue estimate for Sanctuary/Crisis Intervention is $30,000.00; it is anticipated that actual revenue for Outreach Detention/Electronic Monitoring will exceed the estimate in the amount of $9,850.00; and it is also anticipated that actual revenue for Sanctuary/Crisis Intervention will exceed the estimate in the amount of $13,000.00. It was further advised that in accordance with State mandates, all program revenue must be used for services that are specifically outlined in the Board approved VJCCCA plan; and excess revenue must be appropriated for program activities. The City Manager recommended that Council increase the General Fund revenue estimate by $9,850.00 in Revenue Account No. 001-110-1234-1310 and increase the General Fund revenue estimate by $13,000.00 in Revenue Account No. 001-110-1234-1311, and appropriate funds in the amount of $22,850.00 to the following accounts: 001-631-3330-1004 Temporary Wages 001-631-3330-2021 Cell Phone 001-631-3330-3070 Equipment Rental 001-631- 3350-2020 Telephone 001-631-3350-2066 Program Activities 001-631-3360-2020 Telephone 001-631-3360-2022 Electric 001-631-3360-2024 Gas 001-631-3360-2035 Equipment 001-631-3360-2032 ~ousekeeping 001-631-3360-2064 Wearing Apparel 001-631- 3360-2066 Program Activities $ 3,000.00 $ 450.00 $ 3,000.00 $ 2,400.00 $ 1,000.00 $ 3,500.00 $ 1,250.00 $ 3,100.00 $ 1,500.00 $ 2,000.00 $ 650.00 $ 1,000.00 Council Member Dowe offered the following budget ordinance: (#37413-060506) AN ORDINANCE to appropriate additional revenues from the Outreach Detention and Sanctuary programs, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 333.) 606 Council Member Dowe moved the adoption of Ordinance No. 37413- 060506. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: I AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayo r ~arri s nmmm_m_mnnmm_mmnm__nmmmmm_mumm_7. NAYS: None -00-0000-0000-00-00----0000-00----00-------00------00-----0000-------______0000000000__0. BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a communication advising that a local emergency was declared in the City of Roanoke on September 28, 2004, as a result of flooding; cleanup, debris removal and repair efforts were initiated by City departments following the flood; the Virginia Department of Emergency Management (VDEM) was notified by the Governor's Office that State funding was approved to assist the City of Roanoke in clean-up required following the flooding; and approval was for 72 per cent of eligible costs up to $504,000.00. It was further advised that over the course of several months, supporting documentation regarding flood related expenditures was subsequently collected; final expenditure documentation was available in recent months and a complete request was submitted to VDEM; VDEM has notified the City that funding in the amount of $115,642.00 is being provided as a reimbursement for expenses incurred; and the reimbursement represents 72 per cent of total eligible expenses of $160,613.00 incurred during the prior fiscal year; and additional flood insurance proceeds have been received in the amount of $50,168.00 for repairs to the National Guard Armory. I It was noted that a budget adjustment for motor fuels in the amount of $296,800.00 was made on March 20, 2006; as a result of a cost increase since the prior adjustment, it is anticipated that motor fuel expenditures will exceed the current budget in the amount of $100,000.00: the Fleet Management Fund revenue and expense budgets will need to be adjusted, and funding in the amount of $95,500.00 will need to be allocated in the General Fund to cover its share of motor fuel billings; and the remaining $4,450.00 will be billed to the Roanoke Redevelopment and ~ousing Authority, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, Civic Center Fund, and Department of Technology Fund. I I I I 607 The City Manager recommended that Council adopt a budget ordinance establishing a revenue estimate of $11 5,642.00 from VDEM in the General Fund and increase the revenue estimate for Flood Insurance Proceeds in the Capital Projects Fund, in the amount of $50,168.00; appropriate $50,168.00 to Facilities Management (BCAP) (008-440-9854-9003) in the Capital Projects Fund; increase the revenue estimate for Fleet Management Billings for Motor Fuels (017-110-1234-1279) by $100,000.00; appropriate funding in the amount of $100,000.00 to Fleet Management Motor Fuels, Account No. 017-440-2641- 3013; and appropriate funding in the amount of $95,550.00 to General Fund Department Motor Fuel accounts and $20,092.00 to Contingency, Account No. 001-300-9410-2199. Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37414-060506) AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management and insurance proceeds to various department motor fuel accounts and to Facilities Maintenance BCAP and to increase the motor fuel revenue and expenditure budgets in the Fleet Management Fund, amending and reordaining certain sections of the 2005- 2006 General, Capital Projects, and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No.70, Page 334.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37414- 060506. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris mnnmnn__m_____nmonnnmmmnnm_n_mmm_m_m7. NAYS: No n e nmnnmnmnnnmnn_nnnn_n____nnn_nnnn_n____nnnnnnnnn_O. POLICE DEPARTMENT: The City Manager submitted a communication advising that over the years, several automotive dealers have donated the use of motor vehicles to the City of Roanoke for use in community-oriented policing and crime prevention efforts, at a cost of either one dollar per year or one dollar per month; and citizens of the City of Roanoke have benefited from the donations through increased police presence and enhanced community support in the neighborhoods. 608 In support of the City's mission to develop public/private partnerships and to enhance community-oriented policing efforts within the community, a local car dealership has offered to donate the use of one vehicle for this purpose; and the conditional offer includes a mileage stipulation regarding usage, whereby the mileage shall not exceed 15,000 miles per year and will be monitored on a monthly basis to ensure that the conditional requirement is met. The City Manager recommended, pursuant to Section 2-263 of the Code of the City of Roanoke (1979), as amended, that Council accept donation of one Mitsubishi Galant LS vehicle from Sarmadi and ~arper, Inc., d/b/a Dave Sarmadi Mitsubishi, at a lease rate of one dollar per month, or $12.00 per year for up to 15,000 miles within the one year term of the lease and that the City Manager be authorized to accept this type of donation in the future and to execute vehicle lease agreements, to be approved as to form by the City Attorney, with any auto dealer who is willing to lease vehicles to the City at a lease rate of $1.00 per month, or S 1.00 per year, on a year-by-year basis. Council Member Dowe offered the following resolution: (#37415-060506) A RESOLUTION authorizing and accepting the donation of certain motor vehicles for the use by the City and authorizing the City Manager to enter into agreements between the City and the owners of the motor vehicles. (For full text of resolution, see Resolution Book No. 70, Page 337.) Council Member Dowe moved the adoption of Resolution No. 37415- 060506. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s nmnnnnmnmmnmm_n_mm_mnmmuh__nnnnnn_7. NAYS: No n e 00-00----------00----00-----00--------000000----00--00000000-----------00__0000000000000. BUDGET-INDUSTRIES: The City Manager submitted a communication advising that FreightCar Roanoke, Inc., presently located in the former Norfolk Southern East End Shops in the City of Roanoke, produces aluminum railroad cars; in February 2005, Council adopted Resolution No. 36961-020705 in support of FreightCar Roanoke, Inc.'s application for Railroad Industrial Access Funds of up to $450,000.00; the funds have been received and used; the site now needs an additional rail line costing approximately $600,000.00 to increase production; FreightCar Roanoke, Inc., has requested the City's support I I I I I I 609 of its application to the Virginia Department of Rail and Public Transportation (DRPT) Railroad Industrial Access Program for funds to help defray a portion of the cost; the application must be supported by the City and accompanied by a resolution from the local governing authority in support of the application; and the City of Roanoke will not incur any monetary obligation to provide any part of the funds. . It was further advised that the Company will invest $600,000.00 over and above its original $5.45 million and retain 440 employees; as part of the project, the Company has again requested $300,000.00 in Industrial Access Railroad Track Funds from the Department of Rail and Public Transportation (DRPT); and in addition, if the Company spends an additional $300,000.00 in upgrading the railroad track, it will request DRPT to grant additional monies equal to $150,000.00. The City Manager recommended that Council adopt a resolution in support of the application, and that the City Manager be authorized to execute and/or provide appropriate documents to the Virginia Department of Rail and Public Transportation for the Railroad Industrial Access Program in connection with the application of FreightCar Roanoke, Inc., to assist in obtaining up to $450,000.00 in Program funds and setting forth the City's support for FreightCar Roanoke, Inc., to receive such Program funds from the Commonwealth of Virginia. Vice-Mayor Fitzpatrick offered the follOWing resolution: (#37416-060506) A RESOLUTION supporting the application or other documents to be filed with the Virginia Department of Rail and Public Transportation by FreightCar Roanoke, Inc., for up to $450,000.00 in Industrial Access Railroad Track Funds and to state the City's support for FreightCar Roanoke, Inc., receiving such funds. (For full text of resolution, see Resolution Book No.70, Page 338.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37416- 060506. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris mnmm_mmhm_mnmmmmmhmn_mm_mmnm___7. NAYS: Non e _mmnnn_nnnnnnnnnnn_h__n___n_nnnn_n_hnn_nnnnn_nnnuO. 610 CITY ATTORNEY: CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code such amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code; the procedure ensures that the ordinances codified in Roanoke's Code incorporate the most recent amendments to State law; incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety; and the technique ensures that local ordinances are always consistent with State law as is generally required. The City Attorney further advised that the procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General; therefore, he recommended that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979). ~e explained that if the ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under the various City Code sections. Vice-Mayor Fitzpatrick offered the following ordinance: (37417-060506) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 340.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37417- 060506. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s nmmm_nnnnm_____nmmnn__mum_m_m_mummm7. NAYS: No n e nnn_nnnnn__nnnnunu_nmn_n___nnnnnnnn__unnn_nnn_n_n_O. I I I I I I 611 ARMORY/STADIUM: The City Attorney submitted a written report advising that by deed dated March 15, 1941, Virginia ~olding Corporation conveyed to the City of Roanoke approximately 30.15 acres of land upon the condition that the land be used for stadium, armory, park, and recreational purposes only; Victory Stadium was subsequently constructed on the property; Virginia ~olding Corporation has executed a deed releasing the City from any requirement that the property be used for stadium purposes; and the City would continue to be required to use the property for armory, park, and recreational purposes. The City Attorney transmitted a measure authorizing the Mayor to execute a deed of release. Vice-Mayor Fitzpatrick offered the following ordinance: (#37418-060506) AN ORDINANCE authorizing the Mayor to execute a Deed of Release dated May 26, 2006, between Virginia ~olding Corporation and the City of Roanoke; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 341.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37418- 060506. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members, McDaniel, Cutler, Dowe, Fitzpatrick and Mayor ~ arr i s - - - - 00 - - - - _n_ - - 00-00 - - - - -00- - - noon 00 00 -00---- - - - - 0000 - - - - 00 - - - - 00-00 - - - - -000000- noon - - noon - - 0000 - - - - 5 . NAYS: Council Members Lea and Wishneff omnmmnooomnnm___m_m__nm2. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of January 2006. (For full text, see Financial Report on file in the City Clerk's Office.) 612 The Director of Finance advised that the City's meals tax, which typically has a long term growth trend of four to five per cent, was up 6.9 per cent at the end of April; the sales tax which typically has a growth trend in the three to five per cent range annually was up 5.8 per cent; the business license tax, which typically has a growth rate of two to three per cent annually, was up seven per cent on a year to day basis; and extraordinary growth has been observed in the transient occupancy tax which typically has a growth rate of about five per cent per year, however, on a year to date basis the room tax is up 13 1/2 per cent. I Without objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINIS~ED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY T~E MAYOR AND MEMBERS OF COUNCIL: I BUILDINGS/BUILDING DEPARTMENT: Council Member Wishneff inquired if building permits are available for review on-line at the time the permits are issued; whereupon, R. Brian Townsend, Director, Planning, Building and Economic Development, advised that all building permit activity is on-line and can be assessed through the Real Estate file, under permits and activities. COUNCIL: The Mayor advised that he would not be present for the next regular meeting of Council on Monday, June 19, 2006, and inasmuch as it would be the last official City Council meeting for Council Members Cutler and McDaniel, he would like to express appreciation for their service to the citizens of the City of Roanoke. ~EARING 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. I I I I 613 COUNClL-ZONING-ARMORY/STADIUM: Mr. Chris Craft, 1501 East Gate Avenue, N. E., requested that citizens be permitted to take photographs of Victory Stadium as a memento prior to demolition. ~e asked that the City of Roanoke enforce the sign ordinance prohibiting the posting of yard sale signs on City property. ~e congratulated Council Members-Elect Gwendolyn W. Mason and David B. Trinkle on their recent election to Roanoke City Council, and expressed appreciation to retiring Council Members M. Rupert Cutler and Brenda C. McDaniel for their service to the citizens of the City of Roanoke. Mr. Jesse E. Blessard, 1406 East Gate Avenue, N. E., stated that the income limit for real estate tax relief for elderly and disabled homeowners in Roanoke County is $56,000.00, the income limit is $34,000.00 in the City of Roanoke and State guidelines place the income limit at $50,000.00. ~e inquired as to the City's rationale for not increasing the income limits for real estate tax relief for elderly and disabled homeowners in the City of Roanoke. ARMORY/STADIUM: Ms. ~elen E. Davis, 35 Patton Avenue, N. E., expressed concern that even though Victory Stadium is closed for public use, Carilion ~ealth System used the facility to celebrate the 25th anniversary of Lifeguard 10. Vice-Mayor Fitzpatrick clarified that the activity was held on the Parks and Recreation parking lot next to Victory Stadium. SOCIAL SECURITY ADMINISTRATION: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that "haste makes waste"; and Council has voted to demolish Victory Stadium as soon as possible without taking into consideration the vote of wishes two newly elected Members of Council who will take office on July 1, 2006. She stated that another issue of concern relates to the proposed Social Security Administration Office building, especially in view of numerous questions that have not been answered by the City. She advised that the ~enry Street area occupies one acre of land and the black community, consisting of approximately 25 per cent of Roanoke's citizens, favor a village center in the area. She explained that 85 per cent of those persons to be served by the Social Security Administration office do not live in the City of Roanoke; and City officials have stated that location of the office building in the area will increase economic development, however, the only way that economic development can occur is to further encroach upon the residential area; therefore, she requested that Council give serious consideration to locating the proposed Social Security Administration Office building in historic Gainsboro. 614 ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, ~ardy, Virginia, advised that Victory Stadium belongs to the taxpayers of the City of Roanoke and the agreement between the City and the Norfolk and Western Railway provides that the City will maintain the Stadium and the National Guard Armory. ~e stated that the votes that were cast in the May 2, 2006 Councilmanic election revealed that over 17,000 voters favor the demolition of Victory Stadium, while 21,000 persons voted to save the stadium. ~e added that any memorial service to honor World War II veterans and those persons who died on 9-11 should be held on hallowed ground such as Victory Stadium, a church, or a cemetery. COMPLAINTS-CITY COUNCIL-COMMONWEALT~'S ATTORNEY: Mr. Robert E. Gravely, 727 29'" Street, N. W., advised that: "The last time I talked to you all, I told you, five of you, all was coming down, you all did not listen. Timing is of the most excellence to God because God fills time. I told you one more too, stand up but you all did not listen. Under the due process of law, and I am not to judge you, you are going to put your hands on your head and in your heart, cause that's where your life is at, and you thought of this mess, you made it. According to the Book of Ecclesiastes, there is a time to live and a time to die, and according to the Spirit that dwells within me as I am standing here speaking to you, this Wednesday according to your law, I didn't make the death penalty, according to what you have did, and if you give to one of them you give to all of them, according to the law of the land with the City Attorney there, I can and I will have you shot. I am not to be..." The Mayor ruled Mr. Gravely out of order and instructed the City Attorney to forward his remarks to the Commonwealth Attorney's Office. CITY MANAGER COMMENTS: NONE. At 3:05 p.m., the Mayor declared the meeting in recess for five Closed Sessions. At 5:15 p.m., the Council reconvened in the Council Chamber, with all Members of the Council in attendance and Mayor ~arris presiding. I I I I I I 615 COUNCIL: With respect to the Closed Meetings 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 by which any Closed Meetings were convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s mmm_nmom_m____mnmmmmmnmn___mnmmm__7. NAYS: No n e n__nn_n__nn__n__nm______n__nnnn__nnn____n_n__n___n__nn---0000000. OAT~S OF OFFICE-COMMITTEES-~OUSING/AUT~ORITY: The Mayor advised that there is a vacancy on the Fair ~ousing Board for a term ending March 31, 2007, due to the resignation of Rich G. McGimsey; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Anthony M. Reed. There being no further nominations, Mr. Reed was appointed as a member of the Fair ~ousing Board, to fill the unexpired term of Rich G. McGimsey, resigned, ending March 31, 2007, by the following vote: FOR MR. REED: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor Harris m__mnmnmnmmnmn_mmmmuooonm_nm_mm_m7. OAT~S OF OFFICE-FIRE DEPARTMENT-COMMITTEES: The Mayor advised that the four year term of office of John C. Moody, Jr., as a member of the Board of Fire Appeals will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of John C. Moody, Jr. 616 There being no further nominations, Mr. Moody was reappointed as a I member of the Board of Fire Appeals for a term ending June 30, 2010, by the following vote: FOR MR. MOODY: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri s _mnmnm_m___m_mm____mnmnmnm_____mn7. OAT~S OF OFFICE-COMMITTEES-CITY EMPLOYEES: The Mayor advised that the three year terms of office of Edward C. Bradley and Virginia B. Stuart as members of the Personnel and Employment Practices Commission will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Edward C. Bradley and Virginia B. Stuart. There being no further nominations, Mr. Bradley and Ms. Stuart were reappointed as members of the Personnel and Employment Practices Commission, for terms each ending June 30, 2009, by the following vote: FOR MR. BRADLEY AND MS. STUART: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris mmm_mo.nnm____nmnm_7. I OAT~S OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the three year terms of office of Sandra K. Brunk, Charles E. Jordan, George Kegley, and Susannah Koerber as members of the Roanoke Arts Commission will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Sandra K. Brunk, Charles E. Jordan, George Kegley, and Susannah Koerber. There being no further nominations, Ms. Brunk, Mr. Jordan, Mr. Kegley, and Ms. Koerber were reappointed as members of the Roanoke Arts Commission for terms each ending June 30, 2009, by the following vote: FOR MS. BRUNK, MR. JORDAN, MR. KEGLEY AND MS. KOERBER: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~ a r ri s - 000000-00- 00 00 00 00 00 - un - - 00 --000. - - noon 00- - - -00000000- - - __ -00- 00 - - - - - - - - - 00 00 un - - - - - - - - 00 00000000 -- - - 7 . I I I I 617 OAT~S OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Mayor advised that the three year term of office of Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Lucy R. Ellett. There being no further nominations, Ms. Ellett was reappointed as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2009, by the following vote: FOR MS. ELLETT: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris n____umnm_m_mmmm______mn____mmmnm_7. OAT~S OF OFFICE-COMMITTEES-L1BRARIES: The Mayor advised that the three year term of office of Wilburn C. Dibling, Jr., and Michael L. Ramsey as members of the Roanoke Public Library Board will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Wilburn C. Dibling, Jr., and Michael L. Ramsey. There being no further nominations, Mr. Dibling and Mr. Ramsey were reappointed as members of the Roanoke Public Library Board for terms of three years each, ending June 30, 2009, by the following vote: FOR MESSRS. DIBLlNG AND RAMSEY: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris 00000000000-000000000000000-000-000007. OAT~S OF OFFICE-COMM/TTEES-COURT COMMUNITY CORRECTIONS BOARD: The Mayor advised that the three year terms of office of Gail Burress and Clifford R. Weckstein as members of the Court Community Corrections Program Regional Community Criminal Justice Board will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Gail Burress and Clifford R. Weckstein. 618 There being no further nominations, Ms. Burress and Mr. Weckstein were reappointed as members of the Court Community Corrections Program Regional Community Criminal Justice Board for terms of three years each, ending June 30, 2009, by the folloWing vote: I FOR MS. BURRESS AND MR. WECKSTEIN: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris muumuh__hnmmnnnmn7. COMMITTEES-ROANOKE NEIG~BOR~OOD PARTNERS~IP-OAT~S OF OFFICE: The Mayor advised that the three year terms of office of Bobby R. Caudle and Sandra B. Kelly as members of the Roanoke Neighborhood Advocates will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Bobby R. Caudle and Sandra B. Kelly. There being no further nominations, Mr. Caudle and Ms. Kelly were reappointed as members of the Roanoke Neighborhood Advocates for terms of three years each, ending June 30, 2009, by the following vote: FOR MR. CAUDLE AND MS. KELLY: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris-nmmnnmmm-nnmmmn7. I OAT~S OF OFFICE-COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that the one year terms of office of A. Morris Turner, Jr., and Barton J. Wilner as members of the Roanoke Valley Convention and Visitors Bureau Board of Directors will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of A. Morris Turner, Jr., and Barton J. Wilner. There being no further nominations, Messrs. Turner and Wilner were reappointed as members of the Roanoke Valley Convention and Visitors Bureau Board of Directors, for terms of one year each, ending June 30, 2007, by the following vote: FOR MESSRS. TURNER AND WILNER: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris-ooo-nnm-nn--hnumu_ooonn7. I I I I 619 OAT~S OF OFFICE-COMMITTEES-TOWING ADVISORY BOARD: The Mayor advised that the three year terms of office of Michael W. Conner, Walter T. ~inkley, Thomas W. Ruff, and ~arold F. Wallick, Jr., as members of the Towing Advisory Board, will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Michael W. Conner, Walter T. ~inkley, Thomas W. Ruff, and ~arold F. Wallick, Jr. There being no further nominations, Messrs. Conner, ~inkley, Ruff, and Wallick were reappointed as members of the Towing Advisory Board, for terms of three years each, ending June 30, 2009, by the following vote: FOR MESSRS. CONNER, ~INKLEY, RUFF, AND WALLICK: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris-----mnnnn7. OAT~S OF OFFICE-COMMITTEES-SC~OOLS: The Mayor advised that the four year terms of office of Barry W. Baird and Dennis R. Cronk as members of the Virginia Western Community College Board will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Barry W. Baird and Dennis R. Cronk. There being no further nominations, Messrs. Baird and Cronk were reappointed as members of the Virginia Western Community College Board, for terms of four years, each ending June 30, 2010, by the following vote: FOR MESSRS. BAIRD AND CRONK: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris------n_n-------_nn---no.uooom7. OAT~S OF OFFICE-COMMITTEES-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUT~ORITY: The Mayor advised that the four year term of office of R. Brian Townsend as a member of the Virginia First Regional Industrial Facility Authority will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. 620 Vice-Mayor Fitzpatrick placed in nomination the name of R. Brian Townsend. I There being no further nominations, Mr. Townsend was reappointed as a member of the Virginia First Regional Industrial Facility Authority, for a term ending June 30, 2010, by the following vote: FOR MR. TOWNSEND: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arris_mm_n____o._mnm_mnmmnhnmnmmn_m_ooo7. OAT~S OF OFFICE-COMMITTEES-VIRGINIA ALCO~OL SAFETY ACTION PROGRAM: The Mayor advised that the two year term of office of A. L. Gaskins as a City representative to the Regional Virginia Alcohol Safety Action Program Policy Board will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of A. L. Gaskins. There being no further nominations, Mr. Gaskins was reappointed as a City representative to the Regional Virginia Alcohol Safety Action Program Policy Board, for a term ending June 30, 2008, by the following vote: FOR MR. GASKINS: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arri Snnm__mm_mnnmnmmmnhnnnnnmmmm_7. I OAT~S OF OFFICE-COMMITTEES-FIFT~ PLANNING DISTRICT COMMISSION: The Mayor advised that the three year terms of office of William D. Bestpitch, Darlene L. Burcham, and Robert ~. Logan, III, as members of the Roanoke Valley-Allegheny Regional Commission will expire on June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of William D. Bestpitch, Darlene L. Burcham, and Robert ~. Logan, III. There being no further nominations, Mr. Bestpitch, Ms. Burcham, and Mr. Logan were reappointed as members of the Roanoke Valley-Allegheny Regional Commission, for terms of three years each, ending June 30, 2009, by the following vote: FOR MR. BESTPITC~, MS. BURC~AM, AND MR. LOGAN: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick and Mayor ~arrism-mmnm-7. I I I I 621 There being no further business, the Mayor declared the Council meeting adjourned at 5 :20 p.m. ~:.. J L Mary F. Parker City Clerk APPROVED c.~~~~ C. Nelson ~arris Mayor