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Home My WebLink AboutCouncil Actions 07-07-08 LEA 38147-070708 REVISED ROANOKE CITY COUNCIL ORGANIZATIONAL MEETING JULY 7,2008 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order. 2. Roll Call. All Present. 3. Statement of Purpose. Mayor David A. Bowers. 4. A report from the City Clerk advising of the qualifications of the Honorable David A. Bowers as Mayor, and the Honorable Sherman P. Lea, Anita J. Price and Courtney G. Rosen as Members of the Roanoke City Council for terms of four years, each, commencing July 1, 2008, and ending June 30, 2012. Received and filed. 5. A Resolution recognizing the Honorable David A. Bowers to be Mayor of the City of Roanoke. Adopted Resolution No. 38147-070708. (7-0) 1 6. A Resolution recognizing the Honorable Sherman P. Lea to be a member of the City Council and Vice-Mayor of the City of Roanoke. Adopted Resolution No. 38148-070708. (7-0) 7. A Resolution recognizing the services of the Honorable David B. Trinkle as the Vice-Mayor of the City of Roanoke. Adopted Resolution No. 38149-070708. (7-0) 8. A Resolution establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2008, and terminating June 30, 2009. Adopted Resolution No. 38150-070708. (7-0) 9. Adjournment. 2 LEA ROANOKE CITY COUNCIL REGULAR SESSION JULY 7,2008 IMMEDIATELY FOLLOWING ORGANIZATIONAL MEETING CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. The Invocation was delivered by Vice-Mayor Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Mayor Bowers recognized Ann Shawver as the Director of Finance, effective July 1, 2008. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, July 10 at 7:00 p.m., and Saturday, July 12 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 4 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring July 3 - 9, 2008 as Roanoke Navy Week. Proclamation presented to Lieutenant Patrick R. Mallett, Officer in Charge Roanoke Navy Week. Lieutenant Mallett presented the Mayor and Members of Council with a Certificate of Appreciation in recognition of its dedication in support of the Roanoke Navy Week. 3. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, March 17,2008, and recessed until Monday, March 31,2008. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 A communication from Mayor David A. Bowers 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. RECOMMENDED ACTION: Concurred in the request. C-3 Minutes of the Audit Committee meeting held on Monday, February 4, 2008. RECOMMENDED ACTION: Received and filed. C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 21,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed lease agreement between the City of Roanoke and Tavern on the Market for rental space in the City Market Building. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 21,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider tax exemption of certain real estate and personal property in the City for Assisi Animal Clinics of Virginia, Inc., a non-stock, not for profit corporation. RECOMMENDED ACTION: Concurred in the request. 5 C-6 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, July 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, authorizing the issuance of $6.64 million General Obligation Public Improvement Bonds for the Market Garage repairs. RECOMMENDED ACTION: Concurred in the request. C-7 Annual report of the Board of Equalization for the taxable year July 1 , 2008 to June 30, 2009. RECOMMENDED ACTION: Received and filed. C-8 Reports of qualification of the following individuals: Ann H. Shawver as the Director of Finance for the City of Roanoke for a term ending September 30,2008; Martha P. Franklin as the City Employee representative to the Personnel and Employment Practices Commission for a term ending June 30, 2011 ; Susan Koch as a member of the Roanoke Public Library Board for a term ending June 30, 2011 ; Ronald L. McCorkle, Jr., as a member of the Roanoke Neighborhood Advocates for a term commencing July 1, 2008 and ending June 30, 2010; Theodore W. Adkins as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term commencing July 1, 2008 and ending June 30, 2010; James B. Lee as a City representative to the Roanoke Valley Greenway Commission for a term ending June 30, 2011; Joseph P. Bounds as a City representative to the Court Community Correction Program, Regional Community Criminal Justice Board, for a term commencing July 1, 2008, and ending June 30, 2011; and Aaron Ewert as a member of the Youth Services Citizen Board for a term ending May 31,2011. RECOMMENDED ACTION: Received and filed. 6 REGULAR AGENDA At this point, Vice-Mayor Lea left the meeting. (2:20 p.m.) 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Annual report of Jefferson Center Foundation. Burman S. Clark, former Chairman, and Edwin C. Hall, Chairman. Spokespersons. (Sponsored by Vice-Mayor Lea and Council Member Trinkle) Received and filed. b. Update with regard to Project Discovery of Virginia projects. Sarah Holland, City Representative, State Project Discovery Board of Directors, Spokesperson. (Sponsored by Vice-Mayor Lea and Council Member Nash) Ms. Holland recommended that the Council continue to have uninterrupted representation on the Board of Directors of Project Discovery, Inc.; and that the Council appoint as her successor, upon her retirement of 15 years of service, Ron Jones who is the Manager of the local Project Discovery Program at Total Action Against Poverty, effective October 31, 2008. The City Clerk was instructed to contact Ms. Holland to receive information pertaining to the City's representative's responsibilities. c. A communication from Mayor David A. Bowers with regard to certain revisions to the City's democratic process as proposed in his letter dated June 26, 2008, and any other comments or suggestions that may be deemed appropriate by the Council. The City Clerk was instructed to schedule a public hearing on Monday, July 21 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments regarding some of the Council's operating procedures; and furthermore, the City Attorney and City Clerk were instructed to review the operating procedures, with input from the City Manager and Director of Finance, and report findings to the Council. 7 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1 . Amendment of the City Code to reflect updates adopted by the Commonwealth of Virginia in connection with the Virginia Statewide Fire Prevention Code. Adopted Ordinance No. 38151-070708. (6-0, Vice-Mayor Lea was absent.) 2. Amendment of the City Code to include a $25.00 fine for failing to properly display a disabled parking placard. Adopted Ordinance No. 38152-070708. (6-0, Vice-Mayor Lea was absent.) b. DIRECTOR OF FINANCE: 1 . Financial Report for the month of May 2008. Received and filed. 7. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting authorization to enter into temporary loan agreements with Wachovia Bank, National Association, for the purpose of issuance of one or more credit cards to the school division and a line of credit for overdraft protection; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Accounting, Spokesperson. Adopted Resolution No. 38153-070708. (6-0, Vice-Mayor Lea was absent.) 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 8 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Trinkle distributed copy of a Draft Staff Report: Additional Information Concerning Passenger Rail Potential in Roanoke Valley Alleghany Metropolitan Planning Organization dated June 2008; and he remarked that the Committee was supportive of passenger rail service returning to the City and being a key link to Lynchburg, Virginia. He suggested that the City participate in a public hearing scheduled to be held on Thursday, July 24 in the City. Mayor Bowers inquired about the status of the amphitheater and Countryside Estates Golf Course; and he requested that City crews clean up the City Market area prior to the opening of the Arts Museum. The City Manager remarked that a two-hour briefing regarding the Countryside Golf Course was scheduled to be held on August 4 during the Council's informal work session; and that recommended action regarding the issue would be placed on an upcoming Council agenda. Mayor Bowers also suggested that public input be solicited regarding any action to be taken on Countryside. She stated that any action would be based on the Council's direction to City staff; and if the City decides to continue operation of Countryside as a golf course for an extended period of time, a Request for Proposal must be issued, as well as a decision about management prior to the expiration of the current contract in October 2008. She added that City staff is seeking direction from the Council as to the next step and timetable. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Jerry Lee Wiggins, Sr., 206 8th Street, S. E. Chris Craft, 1501 East Gate Avenue, N. E. Robert Gravely, 3360 Hershberger Road, N. W. 12. CITY MANAGER COMMENTS: NONE. 9 Recessed at 3:50 p.m. CERTIFICATION OF CLOSED MEETING. (6-0, Council Member Lea was absent.) Appointed Carolyn H. Glover as a City employee representative to the City of Roanoke Pension Plan, Board of Trustees, for a term of four years ending June 30, 2012. Appointed B. Steven Lugar, Deputy Police Chief, as the City's representative to the Regional Virginia Alcohol Safety Action Program Policy Board for a term of three years ending June 30, 2011. Appointed Ann H. Shawver as the City's representative to the Roanoke Valley Juvenile Detention Center Commission for a term of four years ending June 30, 2012. Appointed Council Member David B. Trinkle to the VML Transportation Policy Committee. Appointed Ann H. Shawver to the VML Finance Policy Committee. Reappointed Edwin L. Noell as a member of the Board of Fire Appeals for a term of four years ending June 30,2012. Reappointed Curtis E. Mills and Letitia A. Smith as members of the Personnel and Employment Practices Commission for terms of three years, each, ending June 30, 2011. Reappointed Michael W. Hanks as the City retiree representative to the City of Roanoke Pension Plan, Board of Trustees, for a term of two years ending June 30, 2010. Reappointed Douglas C. Jackson and Frank J. Eastburn as members of the Roanoke Arts Commission for a term of three years ending June 30, 2011. Waiver of the City residency requirement for Susan Egbert to serve as a member of the Roanoke Arts Commission for a term of three years ending June 30, 2011. The City Clerk was instructed to advertise the three upcoming vacancies on the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for terms of four years each, commencing September 1, 2008 and ending August 30, 2012. Deadline for receipt of applications will be August 1, 2008. Adjournment - 4:43 p.m. 10 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7,2008 CECELIA R. 1YREE Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am attaching copy of the Roanoke City Electoral Board Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 6, 2008, certifying that David A. Bowers received the largest number of votes for Mayor of the City of Roanoke; and Sherman P. Lea, Anita James Price and Courtney G. Rosen received the largest number of votes for Members of City Council. Oaths of Office were administered on Thursday, June 26, 2008, by the Honorable Judges of the Twenty-Third Judicial Circuit, as follows: David A. Bowers as Mayor for a term commencing July 1, 2008 and ending June 30, 2012; Sherman P. Lea as a Member of Council for a term commencing July 1, 2008 and ending June 30, 2012; and as Vice-Mayor for a term commencing July 1, 2008 and ending June 30, 2010; Anita James Price as a Member of Council for a term commencing July 1, 2008 and ending June 30, 2012; and Courtney G. Rosen as a Member of Council for a term commencing July 1, 2008 and ending June 30, 2012. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk Attachment L:\CLERK\DATA \CKSMl \Agenda.08\Certification of Oaths for Newly-Elected Officials. doc ABSTRACT OF VOTES ~ Cast in the City of ROANOKE at the May 6, 2008 General Election, for: , Virginia, MAYOR NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) C. Nelson Harris ....................................n...n..................~....,.. . 4,525 David A. Bowers .............................. ..................................... 5,968 Anita M. Powell .................................................................... 447 George A. Sgouros ................................................................... 184 .................................................................. .................................................................... .................................................................... .................................................................... ..........................~........................................ Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 31 Total Number of Overvotes for Office ........................................................... 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 6, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes casf for the above office in said election: David A. Bowers Given under our hands this . 7th day of May, 2008. A copy teste: &tcYzl;~~/ ;j .-J.-o>-vJJ ~. ~--'\'-<'-e-t:h .~~. ,~,C~~4 , Chairman , Vice Chairman , Secretary Secretary, Electoral Board COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR M()F;E OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECn:D TO THE OFFICE~ WRITE-INS CERTIFICA T/ON CITY OF ROANOKE General/Special Election COUNTY/CITY/TOWN MAYOR May 6, 2008 Page 1 of 1 OFFICE TITLE AT LARGE DISTRICT NAME OR NUMBER, IF APPLICABLE TOTAL VOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY 1. Invalid Write-Ins ............................. ........... .................................. 2 ENTER TOTAL INVALID 29 2. Valid Write-Ins ...... .... ........ .......................................... ..... ............ 3. Total Write-I ns ................................... ........ ....... ............... ............ [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFfiCE.] ENTER TOTAL VALID 31 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) . . e-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTINUEDONPAGES____THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election "held on May 6, 2008, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election" for the office indicated above. Given under our hands this 7th day of May, 2008. A copy teste: C2W!~ ~0~ ,Chairman ~Jl.Le:ya ~2rt"\J I Vice Chairman -?t'~Ji- h--. ~'V'-..!.->.'!~1 d_~ /~. , Secretary ~'1.-<-<-<,-4 Secr"etary, Electoral Board CONTINUED ON PAGE Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 6, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: ABSTRACT OF VOTES ..""'''., , Cast in the City of ROANOKE at the May 6, 2008 General Election, for: , Virginia, MEMBER CITY COUNCIL AT LARGE ENTERATlARGE ORAi'PROPRIATE DISTRICT, WARD OR BOROUGH NAME NAMES OF CANDIDA TES AS PRINTED ON BALLOT Sherman P. Lea Anita J. Price Court G. Rosen Dale Anthony Edmonston Valerie L. Garner Brian J. Wishneff .................n....u....................................~ea.. ................................................................... .................................................................... .................................................................. .............n................................................... .................................................................. ....n.........~.............................................."."." ..U".".....""..n...".~..."....."..n.".n........n....n"...u.... Sherman P. Lea Anita J~;; Price Given under our hands this 7th day of May, 2008. A copy teste: TOTAL VOTES RECEIVED (IN FIGURES) 6,617 6.172 r;,516 1.274 3.749 5.402 THROUGH 99 o Court G. Ro!';pn (] Il A iL ~;1~ ,Chairman Dp?j.~<- QP!a/.1h~ I Vice Chairman ~-:j-~ ~. \ ~"vC-<.;.~e: I Secretary ~.::J4 );).. , o~'v"-<-cJ-/<-t( Secretary, Electoral Board COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE. '\, WRITE-INS CERTIFICA TION CITY OF ROANOKE General/Special Election COUNTY/CITYITOWN OFFICE TITLE AT LARGE May 6, 2008 Page 1 of. 1 CITY COUNCIL DISTRICT NAME OR NUMBER, IF APPLICABLE TOTAL VOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY ,_ ._ ~. Invalid Write-Ins ........... .............. ....... ...... ........ ............ ................ 10 ENTER TOTAL INVALID 2. Valid Write-I ns ........................ .......... ............ ............................... 3. Total Write-I ns ............................. .............. .................................. [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.) 89 ENTER TOTAL VALID 99 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTINUED ON PAGES _ THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 6, 2008, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 7th day of May, 2008. A copy teste: (! t1^-L -=:l. ;J~~ O~~J ,VieeChairman "::l Ii ~ -0 _.(.-e-~o " "d-~k\ , Chairman .,0... c~~~_'-<'-l:_4- . Secretary J+. C::::k'\ _ v ~~.t~(; S~cretary, Electoral Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David A. Bowers, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that 1 will faithfully and impartially discharge and perform all the duties incumbent upon me as Mayor of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2008 and ending June 30, 2012, according to the best of my ability. 0:")' IK~~ David A. Bowers Subscribed and sworn to before me this 26th day of June 2008. fi~Ol-_~ ~ LO The Honorable Richard C. Pattisall, Retired Judge of the Twenty-Third Judicial Circuit L:\CLERK\DA T A \CKSM l\Investiture\investiture oaths (2008).doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherman P. Lea, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2008 and ending June 30, 2012; and as Vice-Mayor of the City of Roanoke, Virginia, for a term of two years commencing July 1, 2008 and ending June 30,2010, according to the best of my abi~G:' L Sherman P. Lea Subscribed and sworn to before me this 26th day of June 2008. L:\CLERK\DA T A \CKSM I \Investiture\investiture oaths (2008 ).doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Courtney G. Rosen, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2008 and ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this 26th day Of June 2008. L\CLERK\DA T A \CKSM I \Investiture\investiture oaths (2008).doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: .u..P"d' I, Anita J;tPrice, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1,2008 and ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this 26th day of June 2008. L\CLERK\DA T A \CKSM J \Investiturelinvestiture oaths (2008).doc ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 2008. No. 38147-070708. A RESOLUTION recognizing the Honorable David Bowers as Mayor of the City of Roanoke. WHEREAS, the Honorable David Bowers was elected Mayor for a four-year term, which will commence July 1, 2008, at the regular Councilmanic election held on the first Tuesday in May, 2008. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable David Bowers be, and he is, hereby recognized to be a duly elected Mayor of the City of Roanoke for a term commencing on the 1st day of July, 2008, and continuing for a period of four years, and until his successor shall have been elected and qualified. ATTEST: ~~.In.~~ ~ v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 2008. No. 38148-070708. A RESOLUTION recognizing the Honorable Sherman P. Lea to be a member ofthe City Council and Vice-Mayor ofthe City of Roanoke. WHEREAS, the Honorable Sherman P. Lea received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2008, and was, therefore, elected Vice-Mayor of the City for a two-year term, which will commence July 1, 2008, as provided by ~4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Sherman P. Lea be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1 st day of July, 2008, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2008, and continuing for a period of two years and until his successor shall have been elected and qualified. ATTEST: W=.tn. ~~ , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 2008. No. 38149-070708. A RESOLUTION paying tribute to the Honorable David B. Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor ofthe City. WHEREAS, Dr. Trinkle was elected as Vice-Mayor in May 2006; WHEREAS, Dr. Trinkle served on the School Board from 2003 through 2006, serving as vice- chair for the 2005-2006 term; WHEREAS, Dr. Trinkle is a Geriatric Psychiatrist whose professional focus is providing for elderly persons who are mentally ill through a continuum of care model; WHEREAS, Dr. Trinkle has written and had published numerous articles in various medical journals pertaining to his field of practice. Dr. Trinkle is actively involved in teaching at Carilion Medical Center; and WHEREAS, Dr. Trinkle has worked diligently on the Roanoke Valley Allegheny Regional Commission, Roanoke Valley Area Metropolitan Planning Organization, as vice-chair of the Audit Committee, the Greater Roanoke Transit Company board of directors, Council's Legislative Committee, and the Personnel Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David B. Trinkle, as Vice- Mayor. K:\Measures\Tribute Measures\Trinkle as vice mayor going off2008.doc 2. The City Clerk IS directed to forward an attested copy of this Resolution to the Honorable David B. Trinkle. ATTEST: ~i~er~' ~ K:\Measures\Tribute Measures\Trinkle as vice mayor going off2008.doc ~ .' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva;gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Troy A. Harmon, Municipal Auditor Dear Ladies and Gentlemen: I am attaching copy of Resolution No. 38150-070708 establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2008, and terminating June 30, 2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 2008. Sincerely, ~rn. frtD~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: James Grigsby, Assistant City Manager of Operations R. Brian Townsend, Assistant City Manager for Community Development ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38150-070708. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2008, and terminating June 30,2009. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1,2008, and terminating June 30, 2009. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. ' 3. With regard to the regular meetings scheduled to be held on the third Monday of each month, inasmuch as City officials and Council members will be attending the Viriinia Municipal League Annual Conference to be held on October 19-21,2008, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 20, 2008, is rescheduled to be held on Thursday, October 23,2008, and shall commence 'at 2:00 p.m. Such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 4. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 6. Except for the 9:00 a.m. session of the regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council. The 9:00 a.m.. meeting with the School Board on August 4, 2008, shall be held in the Addison Aerospace Magnet School Cafeteria, 1220 5th Street, N.W., Roanoke, Virginia. 7~ City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to ") be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 8. This Resolution shall have no application to special meetings of City Council called pursuant to ~1O of the City Charter. ATTEST: ~A. '-. tn. rYlow /o.~lerk. .. C .. ~----- ~.- .._------~.., Office of the Mayor CITY OF WHEREAS, Roanoke is not only a fzve time "All America City ", it is also the hometown of Navy Operational Support Center Roanoke which. serves several hundred active and reserve sailors and their families; many of these sailors are faitJifully serving their country and our community at. home and abroad with distinguished service; their "honor, courage and commitment" make them both heroes and role models for everyone in Roanoke; and WHEREAS, Roanoke is also fortunate to have many distinguished United States Navy veterans who upon completion of their duties have returned to Roanoke and added untold value to their community; and WHEREAS, the Roanoke Navy Week has been developed to celebrate the past, present and future endeavors between the United States Navy and the City of Roanoke; to celebrate our long~standing collaborative efforts, sailors will assist with community-based events in Roanoke; these events will continue to buildupon our many common goals and interests. NOW THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, encourage all citizens to join in a salute to the Naval Forces of the United States in recognition of its years of effictive and dedicated service to this great country and, do hereby procl{lim Thursday, July 3, 2008 through Wednesday, July 9, 2008, throughout this great All-America City, as ROANOKE NAVY WEEK. Given under our hands and the Seal of the City of Roanoke this seventh day of July in the year two thousand and eight. ArrEST: David A. Bowers Mayor ~m.~ Stephanie MMoon City Clerk ~...'....... ~' ... CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members Sherman P. Lea Gwen W. Mason Alvin L. Nash Anita.T. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor July 7,2008 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:crt <W_ ! .~ {,: MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE 1. CALL TO ORDER: February 4, 2008 ,- The meeting of the Audit Committee of Roanoke City Council was called to order in the Emergency Operations Center (EOC Room) of the Noel C. Taylor Municipal Building at 11 :08 a.m. with Chairman, Sherman P. Lea, presiding. · The roll was called by Mrs. England Audit Committee Members Present: Audit Committee Members Absent: Others Present: Sherman P. Lea, Chair Mayor C. Nelson Harris Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Gwendolyn W. Mason David B. Trinkle, Vice-Chair Brian J. Wishneff Drew Harmon, Municipal Auditor William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Darlene Burcham, City Manager James Grigsby, Asst. City Manager/Operations Brian Townsend, Asst. City Mgr./Community Development David Morgan, General Manager, GRTC R. Timothy Conner, Partner, KPMG LLP Peter J. Ragone, II, Senior Manager, KPMG LLP Ann Shawver, Deputy Director of Finance James Brubaker, Major Deputy Sheriff Andrea Trent, Retirement Administrator Kathryn Fox, Accounting Supervisor Faye Gilchrist, Assistant to the City Manager Melinda Mayo, Public Information Officer Dawn Hope, Assistant Municipal Auditor Cheryl Ramsey, Senior Auditor Debbie Noble, Senior Auditor Doris England, Administrative Assistant .\.~, Audit Committee Minutes - February 4,2008 Page 2 .~ 2. APPROVAL OF MINUTES FROM OCTOBER 1, 2007, MEETING Chairman Lea asked if there were any corrections or amendments,..to the minutes of the October 1, 2007, Audit Committee meeting. There were none. Mayor Harris moved and Ms. Mason seconded that the minutes be approved as distributed. A vote was taken and the motion carried. The minutes will be placed on the Consent Agenda for the next City Council meeting. 3. KPMG - FINANCIAL AUDIT REPORTS - YEAR ENDED JUNE 30,2007 A. Report to the Audit Committee of City Council B. Comprehensive Annual Financial Report and Auditor's Opinion C. Internal Control Deficiencies Letter . Management Response D. Report on Applying Agreed-upon Procedures for Sheriff's Internal Control over Compliance . Sheriff's Response E. Report on Applying Agreed-upon Procedures for Comparative Report Transmittal Forms Chairman Lea ordered that items A through E be received and filed. There were no objections to the order. Chairman Lea recognized Mr. Conner, Engagement Partner, KPMG, for comments on the audit reports. Mr. Conner stated that KPMG issued an unqualified opinion on the Basic Financial Statements. There were no difficulties in conducting and performing the audit. Mr. Conner noted that the School Division took a significant amount of time to close its books, which in turn delayed completion of the City's audit. There were no questions. Mr. Conner referred committee members to the Independent Auditor's Report on page 25 of the Comprehensive Annual Financial Report (CAFR), and to other KPMG reports contained in the compliance section. He noted two control deficiencies identified during the audit and outlined on pages 147 - 149 of the CAFR. Finding 07-1 related to approximately $419,000 of expenditures on consultants and contracted staff paid in prior years that were capitalized but should have been expensed in the years incurred. Finding 07-2 related to the absence of formally documented accounting policies and procedures in the School Division that contributed to two significant accounting errors involving the premature recognition of federal grant revenues and the overstating of the liability for healtht insurance claims incurred but not reported. -~ . Audit Committee Minutes - February 4, 2008 Page 3 Mr. Conner stated that his firm was satisfied with management's response to each of the two control deficiencies. He noted that there was a very good discussion about the School Division's finding during a recent,meeting of the School Board Audit Committee. Chairman Lea asked if everyone in the School Division's Finance department was new. Mr. Ragone responded that there were employees who had been in the department for several years. Mr. Harmon explained that this was the first time the current Director of Accounting for the School Division had been responsible for closing the books and preparing the CAFR. He noted that changes are on-going in the School Division that could significantly impact the audits for this year and the next year. The changes involve staffing, the accounting structure, and implementation of a new financial system tentatively planned for July 1, 2008. Ms. Burcham stated that the School Division's plan to implement new financial systems has presented some concerns for herself and the Director of Finance. The School Division has been part of the City's ongoing process for selecting and financing new financial systems. If the School Division pulls out of the project, there could be significant financial impacts and the timetable for implementing new systems could be affected. Ms. Burcham stated that she and Mr. Hall had communicated their concerns to Dr. Bishop, Superintendent of Schools, and that Dr. Bishop is looking into the matter. The City and School Division have maintained shared systems for a number of years and further consolidation of systems was recommended by consultants in 2007. Ms. Burcham noted that the School Division's recent request for proposals for a separate system indicates it is moving away from that recommendation. Ms. Mason asked if the School Division's request for proposals had caught City staff by surprise. Mr. Hall replied that it had come as a surprise. He stated that the School Division was included in the City's request for proposals for a payroll and human resources system. 'The School Division's recently advertised request for proposals also includes a payroll and human resources system. Mr. Hall noted that the School Division issued its request for proposals without any detailed discussion with him or Ms. Burcham. Mr. Hall anticipates having a more detailed discussion with Dr. Bishop and the Deputy Superintendent for Operations, Mr. Baker, in the near future. Chairman Lea recognized Mr. Ragone for comments on the Internal Control Deficiencies Letter. Mr. Ragone briefed members of the committee on Government Accounting Standards Board statements taking effect in the near future: ~";. '. Audit Committee Minutes - February 4,2008 Page 4 .; · GASB Statement No. 45 - Accounting and Financial Reporting by Employers for Postemployment Benefits other than Pensions (OPEB). This will be effective for the City for the fiscal year ending June 3,0, 2008. · GASB Statement No. 47 - Accounting for Termination Be'nefits, effective for the fiscal year ending June 30, 2008. · GASB Statement No. 48 - Sales and Pledges of Receivables and Future Revenues and Intra-Entity Transfers of Assets and Future Revenues. This would involve transactions regarding the sales of receivables and naming rights of specific sites, such as stadiums, and is effective for the fiscal year ending June 30, 2008. · GASB Statement No. 49 - Accounting and Financial Reporting for Pollution Remediation Obligations, effective for fiscal year ending June 30, 2009. Mr. Ragone noted that the impact of this statement may be comparable to Statement No. 45. · GASB Statement No. 50 - Pension Disclosure-an amendment of GASB Statements No.2 5 and No.2 7. · GASB Statement No. 51 - Accounting and Financial Reporting for Intangible Assets, effective June 30, 2010. This statement addresses how intangible assets such as easements and self-developed internal software must be valued in the financial statements. Chairman Lea recognized Jesse Hall, Director of Finance, for his comments. Mr. Hall briefly discussed the effort required by staff to stay current with new accounting standards and to appropriately adapt the City's accounting systems and processes. Mr. Hall asked Ann Shawver, Deputy Director of Finance, to comment on the City's Comprehensive Annual Financial Report. Ms. Shawver distributed an overview sheet highlighting important sections of the financial report for members of the committee. She noted that there are four entities included in the City's Comprehensive Annual Financial Report: the Greater Roanoke Transit Company, Roanoke City Public Schools, the City, and the Pension Plan Trust. Ms. Shawver stated that the City's general fund balance decreased by $1.25 million from the 2006 level. The City also had a decrease of $42,000 in debt service and a decrease of $1 9 million in the capital projects fund. The 2007 statements also show that the City's net assets increased by $20 million, reflecting a healthy investment in the community. The School System's fund balance increased about $6 million from the 2006 level. Ms. Shawver noted that approximately $1 million of this balance derived from an adjustment to the School System's healtli'tare -,- .Audit Committee Minutes - February 4, 2008 Page 5 accrual identified by KPMG. Ms. Shawver offered to answer questions from committee members; no questions were asked. ,;: Mr. Conner briefed the committee on the report on applying agreed upon procedures for the Sheriff's internal control over compliance. There were no questions from members of the committee. Mr. Conner briefed the committee on)the report on applying agreed upon procedures for the comparative report transmittal forms. There were no questions from members of the committee. Chairman Lea recognized Major Deputy Sheriff Brubaker and asked if he had any comments he wished to make regarding the audit of the Sheriff's Department. Major Brubaker responded that he had none. Chairman Lea asked if anyone had questions for Major Brubaker. There were none. 4. CITY OF ROANOKE PENSION PLAN A. Comprehensive Annual Financial Report Chairman Lea ordered that item A be received and filed. There were no objections to the order. Chairman Lea recognized Mr. Hall for comments. Mr. Hall briefed the committee on the Pension Fund financial report, noting that it is divided into five sections; Introductory, Financial, Investment, Actuarial, and Statistical. Mr. Hall referred committee members to the Statement of Changes in Plan Net Assets on page 14. He noted that the employer contribution for 2007 was $11.4 million, which is about 15 percent of the City's annual payroll. He explained there are five other entities that participate in the City's pension plan including the Roanoke Regional Airport Authority, Detention Commission, Resource Authority, Roanoke City Schools, and the Water Authority. Mr. Hall noted that the net investment income in fiscal 2007 was almost $57 million, representing a return of 18 percent. Total additions to the plan were $68 million. Total deductions to the plan were $23.8 million with almost $23.5 million paid out as pension benefits and the remaining $326,605 being administrative expense. Net assets at the beginning of the year were $334 million. Net assets at the end of the year were more than $378 million representing a net increase of more than $44 million. ,; ,,~, . ~',\. ~~-~~:" .:,.:;.;~> , . '^_"'>:~:;_ x, l' . '~;'. _! Chairman Lea asked if there were any comrHents from the exte"rnal auditors. Mr. Conner stated that KPMG had issued an unqualified opinion on the Financial Statements and had issued a separate Report to the Board of Trustees. He stated the transition in the consulting actuary took some time . Audit Committee Minutes - February 4, 2008 Page'6 .~ to get finalized this year, so the report, which is normally issued in the fall, was issued in January. 5. INTERNAL AUDIT REPORTS A. Police Cash Funds Chairman Lea ordered that item A be received and filed. There were no objections to the order. Chairman Lea recognized Mr. Harmon for comments. Mr. Harmon explained that the Commission on Accreditation for Law Enforcement Agencies requires that certain procedures be in place to receive cash funds and fees. The Police Chief sets up standard operating procedures to make sure the department complies with those standards. Municipal Auditing audits those procedures on an annual basis to make sure they are operating effectively. Mr. Harmon noted that there were no audit findings. He referred committee members to Exhibit 1, the Statement of Cash Receipts and Disbursements, listing the cash funds held by the Police department. He noted that Exhibit 2 listed the fees that were collected by the Police department during the period. Mr. Harmon asked for questions or comments from the committee members. There were none. 6. UNFINISHED BUSINESS There was no unfinished business to come before the committee. 7. NEW BUSINESS There was no new business to come before the committee. 8. ADJOURNMENT. There being no further business, the meeting was adjourned at 11 :58 a.m. ~~ ir&....., ~A Sherman P. Lea, Chair '\'. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 7, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request Public Hearing for Tavern On The Market Lease Renewal Background: C. Roger Lamm, III, owner and operator of Tavern On The Market Restaurant, has requested a renewal of his lease for 424 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011. The lease term requested is for one year; the current lease expires July 31, 2008. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on July 21 , 2008, at 7:00 pm. Respectfully submitted, Darlene L. Bur ham City Manager DLB/c1t Honorable Mayor and Members of City Council July 7, 2008 Page 2 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00107 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 7, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Tax Exemption Request - Assisi Animal Clinics of Virginia, Inc. Dear Mayor Bowers and Members of City Council: Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on a request from the Assisi Animal Clinics of Virginia, Inc., a non-stock, not for profit corporation, for tax exemption of certain real estate and personal property in the City. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, July 21, 2008 at 7:00 p.m. A full report will be included in the July 21, 2008 agenda material for your consideration. Respectfully submitted, Darlene L. Burc City Manager DLB/rbl c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget CM08-00 102 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER,CPA Director of Finance July 7, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Public Hearing Request - Market Garage Dear Mayor Bowers and Members of City Council: Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the issuance of $6,640,000 general obligation public improvement bonds for the Market Garage repairs. This is supported by the FY09-1 3 Capital Improvement Program (C1P). This is to request that a public hearing be advertised on the this matter for Council's regular meeting to be held on Monday, July 21, 2008, at 7:00 pm. A full report will be included in the July 21, 2008, agenda material for your consideration. Respectfully submitted, ~~ Ann H. Shawver Director of Finance AHS/ca c: Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget TWENTY- THIRD JUDICIAL CIRCUIT OF VIRGINIA RECEIVED JUl 0 2 2008 MAYOR'S OFFICE CLIFFORD R. WECKSTEIN. JUDGE ROANOKE CITY COURTHOUSE 315 CHURCH AVENUE. S.W. P.O.BOX211 ROANOKE. VIRGINIA 24002-0211 (540) 853-2435 FAX (540) 853-1040 CWECKSTEIN@COURT$.STATE.VA.US CIRCUIT COURT FOR THE COUNTY OF ROANOKE CIRCUIT COURT FOR THE CITY OF ROANOKE CIRCUIT COURT FOR THE CITY OF SALEM COMMONWEALTH OF VIRGINIA July 1, 2008 The Honorable David A. Bowers, Mayor and Members of the City Council City of Roanoke 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Annual Report of the Board of Equalization Dear Mayor Bowers and Members of Council: I am enclosing the Report of the Board of Equalization for the taxable year July 1, 2008 to June 30,3009. This year the Board considered 56 appeals, of which 34 were residential and 22 were commercial or industrial. This is a substantial decrease from the Board's caseload for the taxable year July 1,2007 to June 30,2008. Last year, the Board heard and decided 104 appeals (67 residential, 37 commercial and industrial), including two large and unusually time-consuming commercial appeals. The only trend that I discern in number of appeals is that there is no trend: 56 appeals this year; 104 last year; 84 for the 2006 - 2007 taxable year; and 107 for taxable year 2005 - 2006. As an appendix to the Board's report, I also enclose three informative charts delivered to me by the Board, and prepared by the Director of Real Estate Valuation, Susan Lower. I met with the members of the Board and their clerical secretary before they began their work for the year, and again on June 26, when they delivered their report to me. The members of the Board are Sharon L. Ramsey, Chairman; Thomas M. Hubard, Vice-Chairman; and Robert K. Floyd, Jr., Secretary. Each of them has met all training and education requirements imposed by Virginia law. They consistently demonstrate a positive attitude toward their work on this Board and with the citizens of the City of Roanoke. They appear to me to perform their work as members of this important board professionally, efficiently, cheerfully, and considerately. Pursuant to Roanoke City Code S 32-39, as amended on December 2,2002, members of the Board of Equalization are appointed for three-year terms, with the term of one member Mayor Bowers and Members of City Council July 1, 2008 Page 2 expiring each year. Since 2003, Virginia Code S 58.1-3374 has provided that no person may serve as a member of a board of equalization for more than nine consecutive years, and that any member who does serve for nine consecutive years will not be eligible for reappointment during the next three years. Ms. Ramsey began her service on the Board in 2002. Mr. Hubard and Mr. Floyd were first appointed in 2005. The members of the Board appreciate the office space, furniture, computers, and software that the City supplied for the Board's exclusive use, and the pleasant cooperation and support that they received from Susan Lower and the employees of the Office of Real Estate Valuation. The Board recommends that future Boards continue to have office space separate from that occupied by the Office of Real Estate Valuation. I understand that the City's administration is currently remodeling office space that will be designated, year-round, as the Board of Equalization's office. Citizens appealing their real estate assessments must be able to have confidence in the Board's independence; the Board must not only be fair; it must be perceived to be fair. That, of course, is why the Board must have office space separate from the Office of Real Estate Valuation, and must have its own clerical secretary, who works in the Board's office, and not in the Office of Real Estate Valuation. The clerical secretary is the citizen's first contact with the Board, the person who schedules hearings and the conduit for communications between the citizen and the Board. The members of the Board are once again grateful to Pat Lamb for her invaluable service as the Board's clerical secretary. Her institutional memory is a priceless asset to them. It has been a pleasure for me to once again work with the members of the Board of Equalization. I send best regards. cc: Ms. Darlene L. Burcham, City Manager William M. Hackworth, Esquire, City Attorney Stephanie M. Moon, CMC, City Clerk Ms. Sharon L. Ramsey, Chairman, Board of Equalization Mr. Thomas M. Hubard, Vice-Chairman, Board of Equalization Mr. Robert K. Floyd, Jr., Secretary, Board of Equalization Judges Charles N. Dorsey, Robert P. Doherty, Jr., Jonathan M. Apgar, James R. Swanson, and William D. Broadhurst Board of Equalization Noel C. Taylor Mtmicipal Building. Room 250 215 Church Avenue. SW Roanoke, Virginia 24011 (/(f)I'ylt/' i I' ';8:;; /""'JG' June 24, 2008 The Honorable Judge Clifford R. Weckstein Judge of the Circuit Court City of Roanoke Roanoke, Virginia 24011 Dear Judge Weckstein: We wish to inform you that the Board of Equalization has completed its work for the taxable year July 1, 2008 to June 30, 2009. The Board received 56 appeals. All properties were inspected with the following results: 56 Appeals were considered 34 Residential 20 Residential affirmed value 14 Residential decreased value 22 Commercial and Industrial 08 Commercial and Industrial affirmed value 01 Commercial and Industrial decreased value 13 Commercia' withdrawn before inspection The Honorable Judge Clifford R. Weckstein June 24, 2008 Page 2 Orders were dated and mailed on June 23, 2008 informing each property owner of our decision. We would like to thank the Office of Real Estate Valuation for supplying property data on various properties. We trust that this assistance will be available for future Boards. It is recommended that future Equalization Boards continue to have separate office space from the Office of Real Estate Valuation. Should you have any questions, please contact us. Respectfu lIy f ~~-~~---------------- Robert K. FI~~~ecretary SPR/pal - *- a; II iii 8. Q. < -'" c: c: .!!lo Q,.u CD .... :::> nCll-e ::s ~.~ ClCl)m - en r-09 ftS 0 : 0 '0 0 > N . lXI CD ... 0 c: 0 ::s N CD << :w - << ftS E << 0 iii > .... '" O/l lXI .... 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CD o /II "C CD E ... ~ r;;;:;t ~ e B~EApeEALD1;ClmgH& J.YttE 2QH e ADoealtl TaxMaD AssessedVaJ BOE Value Variance 1 BO~055 1020602 $ n.1oo $ 52.800 $ (19.300) 2 BOE035 3140304 $ 4.585.000 $ 3.420.200 $ (1.164.800) 3 BOE003 4140408 $ 75.700 $ 43.500 $ (32.200) 4 BOE018 2631201 $ 122.300 $ 110.800 $ (11.500) 5 BOE031 2100907 $ 233.400 $ 224.200 $ (9.200) 6 BOE05O 1110809 $ 52.900 $ 47.100 $ (5.800) 7 BO~039 7100112 $ 150.600 $ 145.300 $ (5.300) 8 BOE053 2080134 $ 100.900 $ 95.900 $ (5.000) 9 BOE04O 5130114 $ 110.200 $ 105.200 $ (5.000) 10 BOE026 6370313 $ 151.500 $ 147.000 $ (4.500) 11 BOE024 1560503 $ 148.800 $ 144.500 $ (4.300) 12 ElQE049 &100701 $ 159.600 $ 155.600 $ (4.000) 13 BOE002 2732002 $ 142.100 $ 139.300 $ (2.800) 14 BOE030 5180314 $ 303.100 $ 300.800 $ (2.300) 15 BOE029 3410602 $ 1.500 $ 500 $ (1.000) 16 aOE;Q56 10~0420 $ 276.600 $ 276.6OQ $ 17 BOE015 1100536 $ 355.200 $ 355.200 $ 18 BOE020 2090511 $ 254.600 $ 254.600 $ 19 BOE001 2150209 $ 129.800 $ 129.800 $ 20 BOE005 2150210 $ 19.700 $ 19.700 $ 21 BOEOO4 2151314 $ 162.400 $ 162.400 $ 22 BOE027 2161107 $ 127.200 $ 127.200 $ 23 BOE038 2270315 $ 103.200 $ 103.200 $ e 24 BOE016 2340516 $ 76.100 $ 76.100 $ 25 aOE032 2660518 $ 207.200 $ 207.200 $ 26 BOE033 3070808 $ 254.000 $ 254.000 $ 27 BOE054 3200606 $ 141.800 $ 1.41.800 $ 28 BOE013 4200702 $ 117.000 $ 117.000 $ 29 BOE012 4200703 $ 111.300 $ 111.300 $ 30 BOE011 4200803 $ 153.500 $ 153.500 $ 31 BO~037 428071t} $ ~6.4oo $ 626.400 $ 32 BOE052 4300704 $ 77.100 $ */1.100 $ 33 BOE051 4350205 $ 98.900 $ 98.900 $ 34 BOE034 5040119 $ 120.800 $ 120.800 $ 35 BOE036 5060205 $ 133.500 $ 133.500 $ 36 BOE017 6090602 $ 112.900 $ 112.900 $ 37 BOE014 6090717 $ 59.400 $ 59.400 $ 38 BOE025 6100133 $ 96.600 $ 96.600 $ 39 BOE028 6400617 $ 121.600 $ 121.600 $ 40 BOE021 6410101 $ 3.833.300 $ 3.833.300 $ 41 BOE022 6410103 $ 1.610.800 $ 1.610.800 $ 42 BOE023 6410107 $ 393.500 $ 393.500 $ 43 BOE019 6650101 $ 5.304.900 $ 5.304.900 $ Totals: $ 21,489,000 $ 20,212,000 $(1,277,000) % Variance: -5.94% e Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ann Shawver, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the Director of Finance for the City of Roanoke, Virginia, according to the best of my ability, effective July 1, 2008 (So help me God). aB%~~ ---------- Subscribed and sworn to before me this 16th day of June 2008. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~..I~ ~~ CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 8, 2008 Keli M. Greer, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Greer: This is to advise you that Martha P. Franklin has qualified as the City Employee representative to the Personnel and Employment Practices Commission, for a term ending June 30, 2011. Sincerely, ~o~~~,~ City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\personnel and employment practices commission\Martha P. Franklin qualLdoc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Martha P. Franklin, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City Employee representative to the Personnel and Employment Practices Commission, for a term ending June 30, -2011',\, according to the best of my ability (So help me God). ~~ fJ. ;>>~ Subscribed and sworn to before me this ---L- day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY t(#}~ ,CLERK 6 K:\oath and leaving service\personnel and employment practices commission\Martha p, Franklin oath 6 30 20 II ,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011.1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Stanley G. Breakell, Chair Roanoke Public Library Board 3256 Allendale Street, S. w. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that Susan Koch has qualified as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. Sincerely, ~ in. 'r'r)O&,V Stephanie M. Moon, CMC I City Clerk SM M :ew pc: Sheila S. Umberger, Secretary, Roanoke Public Library Board Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\roa public library board\Susan Koch qualification.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susan Koch, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board, for a term ending June 30, 2011, according to the best of my ability (So help me God). ~~~ I~ I Subscribed and sworn to before me this J,.,-1day o~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~ ',&t-:J K:\oath and leaving service\roa public library board\Susan Koch oath 6 30 2011.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEll..A N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Jeff Campbell, Chair Roanoke Neighborhood Advocates 424 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: This is to advise you that Ronald L. McCorkle, Jr., has qualified as a member of the Roanoke Neighborhood Advocates, for a term commencing July 1, 2008, and ending June 30, 2010. Sincerely, ~m. n;D~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Roanoke Neighborhood Partnership Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ronald l. McCorkle, Jr. do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates, for a term commencing July 1, 2008, and ending June 30, 2010, according to the best Of;;1S0 help me God). Subscribed and sworn to before me this~ day Of~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:\oath and leaving service\Roanoke Neighborhood Advocates\Ronald L Mccorkle oath 6 30 20 to.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk july 8, 2008 David C. Key, Chair City of Roanoke Pension Plan, Board of Trustees 3012 Spring Road, S. W. Roanoke, Virginia 24015 Dear Mr. Key: This is to advise you that Theodore W. Adkins has qualified as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term endingjune 30,2010. Sincerely, ~. tn. ~(mJ Stephanie M. Moon, CMC City Clerk SMM:ew pc:. Joyce S. johnson, Assistant to the Mayor Andrea F. Trent, Retirement Administrator Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Theodore W. Adkins, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term commencing July 1, 2008, and ending June 30, 2010, according to the best of my ability (So help me God). ~t/ /JJ I Subscribed and sworn to before me this !Jfday o~ 2008. BRENDA S. HAMILTON,'CLERK OF THE CIRCUIT COURT B~~ , CLERK K:\oath and leaving service\Board of Trustees, Pension Plan\Theodore Adkins oath 6 30 2010.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Donald R. Witt, Chair Roanoke Valley Greenway Commission 3332 Kenwick Trail, S. W. Roanoke, Virginia 24018 Dear Mr. Witt: This is to advise you thatJames B. Lee has qualified as a City representative to the Roanoke Valley Greenway Commission, for a term ending June 30, 2011. Sincerely, ~~.~O~ City Clerk SM M :ew pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018 Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James B. Lee, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Valley Greenway Commission, for a term ending June 30, 2011, according to the best of my ability (So help me God). ~8.~ Subscribed and sworn to before me thi"",?....d day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~ c~ , CLERK K:\oath and leaving service\Roanoke valley greenway commission\Jim B. Lee oath 6 3020 II.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Kathryn Van Patten, Director Court and Community Corrections 1627 East Main Street Salem, Virginia 24153 Dear Ms. Van Patten: This is to advise you that the Honorable Joseph P. Bounds has qualified as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term commencing July 1, 2008, and ending June 30, 2011. Sincerely, ~~tn. Y'r)ohJ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Joseph P. Bounds, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term commencing July 1, 2008, and ending June 30, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me thiaJ!Pday of ~008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~ , CLERK ':'.' .' K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice BoardVudge Bounds oath June 30 I I. doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 8, 2008 Marion A. Vaughn-Howard, Superintendent Youth Services Division . Parks and Recreation Department Roanoke, Virginia Dear Ms. Vaughn-Howard: This is to advise you that Aaron Ewert has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 2011. Sincerely, ~tn.~~ Stephanie M. Moon, CMe City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Aaron Ewert, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, for a term ending May 31, 2011, according to the best of my ability (So help me God). , -r' Subscribed and sworn to before me this /'JI-day of Jut 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~~_ ~~ ...---?, CLERK 6 K:\oath and leaving service\ Youth Ser Citizen Board\Aaron Ewert oath 5 31 2011.doc CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members Sherman P. Lea Gwen W. Mason Alvin L. Nash Anita 1. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor July 7, 2008 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: We jointly sponsor a request of John Levin, Senior Director of Development, Jefferson Center Foundation, to present an annual update at the regular meeting of City Council to be held on Monday, July 7,2008, at 2:00 p.m. Sincerely, ~ ;ft&.- Sherman P. Lea, Vice-Mayor ~~W David B. Trinkle, Council Member SPUDBT:crt pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk n John Levin n <jlevin@jeffcenter .org> 07/03/2008 08:44 AM To <Stephanie.Moon@roanokeva.gov> ee bee Subject Jefferson Center Ms. Moon: I want to confirm a few final details regarding Jefferson Center's presentation to Roanoke City Council. Since our exchange of emails on June 18, I received a reply from Councilman Trinkle that he endorsed our appearance. I have not heard from Vice Mayor Lea but assume he replied directly to you. Are we indeed expected for the 2 p.m. meeting on July 7? The agenda is not yet posted on the city's website, but am I correct to assume that our report will be in the Petitions and Communications section? Our presentation is timed for 1 0 minutes, which I understand to be the standard. It will include two speakers: Burman S. Clark, who has been Jefferson Center's Board of Directors Chairman for the past two years and whose term ended on June 30, and Edwin C. Hall, whose term as Board Chairman began on July 1. Ed also is an alumnus of Jefferson High School. I have invited other members of our Board, tenants in the building and members of the Alumni Council to attend. Their comments are brief; they will be before and after a video about accomplishments of the 2007-2008 Season at Jefferson Center and artists scheduled for next season. Much of the detailed information about Jefferson Center's year and goals are in a packet of printed material. I have prepared 11 copies, as you suggested. Where should I deliver the packets and when do you need to receive them? ~ understand that the City has a projector to show our DVD. Should it be loaded on a laptop computer? Are there any technical or logistical issues I should know about or take care of in advance? Is it possible to test the equipment before the meeting to be sure things are operating smoothly? Thanks for your help. Happy Independence Day holiday. John May 1, 2008 f\\l r} Y< ~ \) r 51110 The Honorable C. Nelson Harris Mayor, the City of Roanoke The Honorable Beverly T. Fitzpatrick, Jr. Member of City Council, the City of Roanoke Sent via email Dear Friends, The City Clerk's office advises that I need endorsements of two members of City Council to request time on the agenda for your meeting at 2 p.m. on July 7. Are you able to allocate about 10 minutes for an annual report from the Jefferson Center Foundation? The agreement of Nov. 1, 1991 between the City of Roanoke and Jefferson Center Foundation established a 40-year lease of the renovated building so the Foundation could provide a spectrum of community programs and house other non-profit agencies. The lease also guarantees the city revenue of $10 per year. In fact, operation of Jefferson Center provides Roanoke about $18,000 a year in admissions and food-beverage taxes. Burman S. Clark, chairman of Jefferson Center Foundation, and Edwin C. Hall, our chairman-elect, will be grateful for the opportunity to pay you that $10 rent and explain how performances, educational programs and other activities involved nearly 92,000 patrons in 2007. Jefferson Center truly has become a center for community life and we look forward to the opportunity to tell you about a year of remarkable successes. Please let me know ifthere is time on your July 7 agenda for a brief presentation. You can reach me at 343-2624, ext. 212 or ilevin@ieffcenter.org Thank you for your support of Jefferson Center. Sincerely, John Levin Senior Director of Development JEFFERSON Entertaining ideas and audiences July 7, 2008 Mayor David A. Bowers Vice Mayor Sherman P. Lea The Honorable Gwendolyn W. Mason The Honorable Alvin L. Nash The Honorable Anita J. Price The Honorable Court G. Rosen The Honorable David B. Trinkle City of Roanoke 215 Church Avenue, Room 456 Roanoke, VA 24011-1594 Dear Friends, Thank you for today's opportunity to report on the accomplishments of the past fiscal year and season at Jefferson Center. On behalf of our Board of Directors, staff and the patrons we serve, thanks also for the privilege to provide education, entertainment and enrichment to the community. This packet contains a wealth of information about the 2007-2008 year that set may records in terms of attendance and use ofthe Jefferson Center complex. It also gives you a first look at an ambitious 2008-2009 season. This material is intended to supplement the presentations made by our past chairman Burman Clark and incoming chairman Ed Hall. The loyalty and contributions of our volunteer leadership are key components of our success. Thank you for your support of Jefferson Center. Sincerely, 9~C(!~ Kathryn V. Claytor Chief Operating Officer 541 LuckAvenue SW. Suite 221 . Roanoke, Virginia 24016 P: 540.343.2624 · F: 540.343.3744 . Box Office: 540.345.2550 . www.jeffcenter.org Jefferson Center Foundation is a 501 (cJ3 nontJrofit cortJoration ;. . "h"" " Jefferson Center Foundation Accomplishments and Milestones Fiscal Year & Season 2007-2008 Jefferson Center Foundation this year marked its 15th anniversary as a renewed center of community life, housing offices and other facilities for the region's major non-profit providers of cultural and human services. The year also was the ih season as a venue and presenter of arts performance and entertainment in Shaftman Performance Hall. And it was our 2nd year providing educational outreach to expand experiences and open minds of students in the region's schools. The Foundation operates Jefferson Center under a 40-year lease with the City of Roanoke, begun in 1991. The Foundation's Board of Directors, staffand patrons are grateful for the City's loyal support and encouragement. The $15.4 million investment by public and private donors has generated a variety of benefits: Service to the Community . - .' -, - ."....c~.~-;..:"",... .~.,,'--...-.' ','''''''' ~"",_'i"'":"-,,,,~,,, ->-""",:;"",--""-~,, '-"-~'-"';7""'""""7"""""~'":"'-;':"';-''''''~'-:-''-'''':-''.''~'''''' _.- .-. --- " .-<,.,-"..... -: "~'c~'"'--'':-'-''''.''' ",~..," .,,.. '"--~_._- ,."_..-..,.,,-,..~,-".,-.._- -.. .,.." , .. ""- .----_.":-"""',, '" ...~..,.,..i;~e"'~"_;~""~'''-'''''''',;'o,~~: ~.""~,.._...:-""...'"__"~,~".~_.."_"+~......,,,,,.__,, ,',_,_, \. employees of Carilion Clinic, Wachovia Bank and Kroger came to meet and learn. We rented Fitzpatrick Hall and Fralin Atrium for conferences, receptions and weddings. · Jefferson Center collaborated with other community partners to provide the venue and support for events. Of the organizations that leased Shaftman Performance Hall and the Recital Hall for events, 87 percent are based in the Roanoke Valley and 75 percent had leased Jefferson Center facilities previously. Those organizations include: a Roanoke Symphony Orchestra a Opera Roanoke a Roanoke Regional Writers Conference a Kevin Jones Performing Arts Studio a Catholic Diocese of Richmond's Refugee and Immigration Services a The Orphan Medical Network International a Boys & Girls Club of Southwest Virginia a Community School and Community High School a Southwest Virginia Ballet a Roanoke College Children's Choir a The Salvation Army a Red Cross a Literacy Volunteers of Roanoke and the Roanoke Literacy Foundation a Kimoyo Ltd. a Roanoke Ballet Theatre Support from the Community · Annual Giving drew462 donors who gave $106,289 · Local businesses and firms provided $154,300 in underwriting of performances and education programs · Grants from local, state and federal government agencies and foundations totaled $169,235. These included: a Roanoke City Arts Commission a County of Roanoke a Virginia Commission for the Arts a National Endowment for the Arts a Bank of America Foundation a Foundation for Roanoke Valley Multi-Arts Production Fund Mid Atlantic Arts Foundation target Foundation Foundation for Children -~.>.,..".~"..-_, ~..,...... ""',_ ,_~_, u-_ ..-,., ',_ .. _ _"..._,_..."_...._,,.~.... _,_"" _",~.~,._(".._~.","'._...A'_~"..__.._..._,.,..~.v..._,,~_....- " ~ Impacts from Operations of the Jefferson Center · A complex of 121,699 square feet, housing 18 non-profit organizations and offering space for meetings, public assemblies, corporate conferences, receptions and workshops. . A catalyst for development of adjacent property. Since Jefferson Center opened, the $7 million Kirk Family YMCA was built and is being expanded, the Virginia Mills cotton warehouse is under renovation, Calvary Baptist Church has renovated its facilities rather than moving from West End, Miller's Hill housing renewal was launched, the Rorer Avenue Historic District is promoting reuse oflong-vacant commercial buildings. · The Alumni Council, a group of Jefferson High School alumni, formed and is active to generate financial support to maintain the beloved landmark. Reunions, concerts and golf tournaments are among the successful special events produced by JHS alumni. · City taX revenue of about $18,000 is collected every year in admissions tax and food and beverage tax. . · An employment center. Agencies with offices in Jefferson Center employ 121 people and TAP enrolls 60 children at its Campbell Avenue Headstart School. · A leadership opportunity. Jefferson Center is governed by a Board of Directors that intentionally includes women, minorities and young adults to provide diversity of viewpoints and experiences for untapped groups of volunteers. · Involvement of 465 volunteers who this season donated 1,141 hours of service as ushers for performances, archivists for Jefferson High School historical records and alumni generating support. They represent a diverse group by age and race. Goals for 2008-2009 · Performance series that include varied musical heritages: classic soul, American folk and country, New Orleans R&B, bluegrass, Latin, African and Celtic world cultures. The expanded Jazz Club series begins with the Jazz at Lincoln Center Orchestra with Wynton Marsalis. The Family Series continues as the affordable choice for quality family entertainment. Appalachian Jams and Roanoke Live will provide a stage for regional and new talent. · A fourth National Endowment-funded project, "Kingdom Come," will begin development with its live performance planned in late 2009. The project is an exploration of the African-American roots ofD.S. rock-and-roll music and is a collaboration with Virginia Tech's laureate poet and scholar Nikki Giovanni: .. Educational programs that expand tours for regional mUSIcians and dancers to reach area cdassroQms.Sisters of the Circle will. enter its third year of serving Roanoke's immigrant.. . fGlIIlili~s: . '.' . . . .....".,;. ;,;~;r~~~~l~l(it~~~1h~~K~~Jf\#~~l-iKt<<i~~~~?~~~igl.~l:.~~.,~,; . .. :}~h~.~(;:r(~fQonunerce, we will help celebrate.openlngofiheTaubman'Mus~IDnofArt ...._~~~,..,...,.~...~....-arld "()then:~ornmuni ty.achievements:.... .......... ...... .' ....w.~..........~. ............-. ......~...."'...-.- ........,,-,,-.~.~._..... ......w " ., . Rewrite our strategic business plan to position Jefferson Center as a catalyst for continued renewal of the immediate neighborhood and as an active player in downtown development. . Begin a phased refreshment of tenant spaces, lobbies and hallway to maintain Jefferson Center as a desirable and efficient workspace for resident organizations. ,II" ./ ...--., HISTORY OF JEFFERSON CENTER JEFFERSON HIGH SCHOOL - THE BEGINNING Originally constructed in 1922, Jefferson High School served as Roanoke's largest high school for half a century. It was in 1919 that the School Board began plans to build Jefferson High and the site on Campbell Avenue was purchased for $147,000 in 1922. Architect H. Courcy Richards employed a Tudor Revival-style popular at the time and Jefferson High School opened its doors to 1,000 students in 1924. The first class to graduate was in 1925 and the last in 1974. From 1924 to 1974 the school graduated over 19,000 students. The bottom floor was mostly for vocational classes. The second floor contained all academic classrooms, the principal's office, the main office, the auditorium, gymnasium and entrance vestibule. The library, balcony, and chemistry and physics laboratories were located on the third floor The auditorium - now Shaftman Performance Hall- modeled after a popular 17th century 'shoe box" English opera house design, showcased solid wood paneling, impressive balcony, classic appointments and outstanding acoustics. Because the city had no civic center, the auditorium was built larger with the intent of using it for community events and concerts, and in fact hosted such greats as Pittsburgh Symphony Orchestra conductor Leonard Bernstein and operatic tenor Enrico Caruso. The school was closed in 1974 but operated as Jefferson Hall under Patrick Henry High School until 1975. From then until its final closing in 1979 it housed a variety of offices. From 1979 until 1985 the 112,000 square foot building - though still structurally sound - deteriorated badly and was severely vandalized. JEFFERSON HIGH - FROM SHABBY TO CHIC In the late 1970's the once majestic Jefferson High School was a decaying skeleton of its former self and, despite its glorious past, the structure was nearly demolished. It was home only to pigeons. In 1985, Roanoke City Council appointed a citizen's committee, mostly of Jefferson High graduates, to determine the future of the iconic building. After two years of extensive research - and weighing the option of demolishing the structure - the committee ultimately recommended that the building become a center to house nonprofit organizations involved in the performing arts, education and social services. In 1989 the Jefferson Center Foundation was established led by the late Judge Beverly T. Fitzpatrick Sr. and so the fund raising efforts began. To rehabilitate the building and establish the Center would require $5 million. Through a public-private partnership with the City - with funds from a bond referendum - the City committed $3 million to the restoration project with the understanding that the other $2 million would first coine from individuals, businesses and corporations in a vigorous fund raising campaign. NEW BEGINNINGS - PHASE I The first phase of renovation converted the classrooms into offices, added air conditioning, stabilized the rest of the building, and added an atrium (Fralin Atrium) to the second level. This provided first class space for nonprofit organizations in one venue, eliminated duplicate overhead expenses and saved a valuable building. This renovation model served as a template for other cities across the country, many of which have come to Jefferson Center to see how it was done. Roanoke won its 5th All-American City award using Jefferson Center as one of three innovative projects where local business, government, and nonprofit organizations collaborate to improve the lives of their community's residents. Throughout the renovation project, Jefferson Center Foundation remained committed to preserving the architectural integrity while bringing its technical components into the 21st century. The building has been completely restored and retained the sculptured ceilings and original marble and terrazzo floors. It continues to provide office space to a diverse group of nonprofit organizations. Fralin Atrium is named in honor of Horace Fralin a Jefferson High School graduate, principal in Fralin & Waldron and major donor to Jefferson's renovation.' .,;.".--- FITZPATRICK HALL - PHASE 11 It was the automobile repair shop that was ultimately transformed into the now beautiful Fitzpatrick Hall. Remodeling began in 1994 when the high ceiling that accommodated the hydraulic lifts in the repair shop was lowered by 1 0 or so feet and chandelier lighting was installed. The completion of Fitzpatrick Hall in 1995 added an impressive dimension to the facilities at Jefferson Center. A $30,000 gift from Rosalie and Sydney Shaftman, in commemoration of Rosalie's brother Joel, equipped the full commercial kitchen that is part of Fitzpatrick HaWs convenient amenities. In 1995, at a cost of $630,000 Fitzpatrick HaJJ, named in honor of Judge Fitzpatrick, opened for community events, weddings, receptions, meetings and conferences ' SHAFTMAN PERFORMANCE HALL - PHASE 111 The auditorium sat dark until 1997 when the Board of Directors launched another campaign to renovate the space. Again, with a public-private partnership, the City of Roanoke committed $2 million to the project with the understanding the other $3 million be raised by the Foundation from supporters of Jefferson Center. The project met with tremendous support from individuals and families, Jefferson High School alumni, corporations and private foundations. The original estimate of $5 million for the auditorium increased to $9 million as construction problems and equipment costs increased dramatically. Throughout the $9 million renovation project Jefferson Center Foundation remained steadfast in its commitment to preserving the architectural authenticity of the hall, named in honor of Rosalie and Sydney Shaftman. Consistent with the goals to be a first class performance facility, Jefferson Center boasts elegant finishes and decorations. Existing marble, wood-panel, and cast-plaster finishes were completely refurbished. The auditorium chairs, once unadorned and wooden, are now luxurious seats of cherry wood with plush velvet cushions. Loges and chandeliers recall the spirit of an old-world opera house. Technical components brought Shaftman Performance Hall into the 21st century and include an orchestra lift, expanded stage area and a sound system that can be customized to acoustically profile the performer's needs. Dozens of strategically placed speakers disperse audio around the room to ensure symmetry of sound no matter where the seat. At considerable expense the roof was raised 22-feet to create an 65-foot tower that houses impressive stage rigging. With the May 2001 opening of Shaftman Performance Hall, Jefferson Center became the significant cultural asset envisioned by many to create something special from the once abandoned, yet historically important, Jefferson High School. Jefferson Center has achieved an important objective of stabilizing the neighborhood and providing the underpinnings for revitalization of the Downtown West area. The rebirth of this magnificent performance hall was made possible by the steadfast support of the City of Roanoke as well as the gifts of generous individuals and families, Jefferson High School alumni, Roanoke Valley businesses, and private foundations throughout the Commonwealth. c Shaftman Performance Hall is the finishing touch for the transformation into a multipurpose cultural community center. Not only is the Performance Hall another addition to the cultural attractions rarely found in a metropolitan area the size of Roanoke, it is a model of the success that can be achieved when local business, government, and nonprofit organizations collaborate to improve the lives of the community's residents. Heidi Krisch and Warner Dalhouse served as Campaign Cochairs for the $9 mi//ion renovation of the auditorium. Jefferson Center Foundation was presented the 2002 Award for Preservation of Shaftman Performance HaU, the highest award presented by the Virginia Society of the American Institute of Architects .-/ JEFFERSON CENTER HISTORY TIMELlNE Opening Week of Shaftman Performance Hall . . Perfonnances included inaugural concert by the Roanoke Symphony Orchestra, three productions of Opera Roanoke's Cannen, the Roanoke Ballet Theatre's Boogie Woogie Ballet, and Jefferson Center's presentations of Fred Garbo Inflatable Theater Company and the Dukes of Dixieland . The Gallery at Jefferson Center also opened with the regional High School Art Show Judge Beverly T. Fitzpatrick was a 1939 graduate of Jefferson High. The Foundation Board included Jefferson High alumni and other interested citizens including Elizabeth Bowles, Horace Fralin, Gordon Willis, Don Smith, Warner Dalhouse, and Rosalie Krisch Shaftman. Jefferson Center Foundation Board of Directors 2008-2009 Edwin C. Hall, Chairman Susan P. Frantz, Vice Chairwoman Thomas R. Bagby, Secretary David Farnum, Treasurer Thomas R. Bagby Burman S. Clark Warren D. Fiihr Claudio de Franko David Farnum Susan P. Frantz Linda K. Gilbert Edwin C. Hall . John G.Heitz Prabhat Jain Tracy McDaniel Thomas R. McDonald Susan K. Perry Brownie E. Polly, III Patricia Raun Carissa E. South David 1. Tenzer' Rayburn A. Thompson Woods Rogers PLC Muneris Benefits WSLS Television Gala Studio Kettering Financial Ltd. Personal Best, Inc. First Market Bank Hall Associates, Inc. Retired; Atlantic Mutual Insurance Co. Virginia Transformer Corp. Kroger Mid-Atlantic Physicians to W om~n Hollins University U.S. Trust/Bank of America Virginia Tech Community School Glenn Feldman Darby and Goodlatte Carilion Clinic Directors Emeritus Warner Dalhouse Helen Fitzpatrick Heidi Krisch Tyler Pugh Hometown Bank Community Volunteer Community Volunteer Wachovia Securities Jefferson Center Building Tenants, July 2008 Apple Ridge Farm Campbell Avenue Headstart School / TAP Commonwealth Catholic Charities Children's Advocacy Center Clean Valley Council Free Foundation Jefferson Center Foundation Local Colors Project Access Roanoke Police Academy Roanoke Jaycees Roanoke Symphony Orchestra Roanoke Valley Academy of Medicine Roanoke Valley CASA Program R VTV Channel 3 The Junior League of Roanoke Valley, Virginia, Inc... Virginia Education Association Jefferson Center Foundation Staff July 2008 Rob Bessolo Production Manager & rbesso lo@ieffcenter.org. Ext.214 Technical Director Kim Bratic Marketing Manager kbrati c(cV,i effcenter. org Ext. 219 Melissa Burger Box Office Assistant mburger@ieffcenter.org Ext. 222 Kathy Claytor Chief Operating Officer kclaytor(cV,i effcenter. 0 rg Ext. 210 Sandra Coan Volunteer Coordinator scoan@ieffcenter.org Ext. 213 Kern Cumbie . Box Office Assistant kcumbie(cV,i effcenter .org Ext. 222 John Levin Senior Director of ilevin@ieffcenter.org Ext. 212 Development Dylan Locke Artistic Director dlocke@ieffcenter.org Ext.215 Paul McManners Facility Manager pmcmanners@ieffcenter.org. Ext. 208 Sue Nave Information! Accounting snave(cV,i effcenter. org Ext. 234 Manager Fred Pryor Director of Center . fpryor@ieffcenter.org Ext.204 Services Katrina Ross Development & Alumni kross(cV,i effcenrter. org Ext. 202 Relations Manager Anne Elise Thomas Educational Program athomas@jeffcenter.org Ext. 217 Coordinator Sarah Webber Box Office/Guest swebber@jeffcenter.org Ext. 218 Services Manager ,,~ FaCil~~e~ntal r Jefferson Center is distinctive in offering you the best of all worlds - the elegance of historic architecture and grand decor, coupled with the freedom to choose your caterer and other service providers. Select from our versatile options that are part of this innovative venue. Our flexibility helps make your event unique and personal. Take advantage of our event planning resources - we can put you in touch with skilled planners and technical expertise should you need help arranging an exceptional event. r Jefferson Center can accommodate public and private events of almost any size in a wide variety of styles including theatre, performance and conference (with breakout rooms), classroom style, seated rounds and cocktail parties for every occasion with capacities from five to 900. Our free and convenient parking is just one more advantage of using Jefferson Center for your special event. FITZPATRICI< HALL TRAINING THEATER Fitzpatrick Hall is perfect for seminars, business meetings, banquets, conferences, trade shows and celebrations of all kinds. The main room can be broken into three smaller breakout rooms providing flexibility when structuring your meeting plans. A full-service commercial catering kitchen is conveniently located within Fitzpatrick Hall. Seating capacity' 400 Dinner capacity, 300 Standing capacity 500 L. L. RICE: ROOM Beautifully appointed, this elegant room is just the right size for breakfasts, luncheons, intimate dinner parties, business meetings, baby and bridal showers. Host an I afternoon tea or pre-performance wine tasting in privacy and style. For small gatherings, there is nothing in the Roanoke Valley with quite this combination of comfort, location and charm. Seating capacity: 36 Dinner capacity. 32 Standing capacity- 44 FRALIN ATRIUM The elegance of Fralin Atrium's architecture and grand appearance create the perfect backdrop for any occasion. Host a party, a wedding reception , ~.- or hold a press conference. A beautiful third- floor balcony surrounds the Atrium on three sides and is included in the rental. Dinner capacity: 100 Standing capacity, 300 The perfect space for your next workshop or seminar, the Training Theater offers 44 comfortable seats, each with an unobstructed view. A/V and computer ready, we're wired for your next video or PowerPoint presentation. I)HAFTMAN PERFORMANCE HALL Superb acoustics and the latest technical equipment make this a first-rate venue for classical and contemporary entertainment. Shaftman Performance Hall is also the ideal setting for lectures, seminars, annual meetings, award presentations, and ceremonies of all kinds. Total seating capacity is 938 with 695 seats on the main level, -. ..... 211 in the balcony and an additional 32 loge seats at balcony level. Handicapped accessible seating is available in rows L and X with eleven wheelchair spaces on the main level. Jefferson Center has in-house Box Office staff to effectively and efficiently handle your ticket sales. For more information about facility rentals contact the Director of Center Services, Fred Pryor, 540.343.2624 extension 204, e-mail fpryor@ieffcenter.org. For information about the rental of Shaftman Performance Hall contact the Director of Programming, Dylan Locke, 540.343.2624 extension 215, e-mail dlocke@jeffcenter.org. Details can also be found on our website www.jeffcenter.org ~@;;lD[f-t~~@~~<<~~)~~ SHAFTMAN PERFORMANCE HALL Sunday through Thursday 4 hours Rehearsal/Tech day Dark day Single performance Two performances Seating capacity: 938 $800 $550 $550 $1,350 $2,025 $600 $550 $450 $1,000 $1,500 GENERAL RULES AND REGULATIONS The following information is provided to assist you with your event. It will also help familiarize you with certain rules, regulations and safety features of the venue. It is the responsibility of the Renter to inform all personnel involved with their event of these rules and regulations. 1. Jefferson Center is a no smoking facility. 2. No weapons or illegal drugs are allowed in the building. Violation of this may result in immediate expulsion from the facility. 3. Any form of violence is unacceptable behavior and cause for removal or further action. This includes physical violence and use of obscene, abusive or threatening language. 4. No pets allowed except handicap service animals. 5. There can be no blocking of fire exits at any time. 6. No duct tape or masking tape may be used anywhere within Jefferson Center. Disregard for this rule may result in additional cleaning fees. 7. Nothing may be attached to floors, walls, or ceilings without pre-approval from Jefferson Center personnel. Disregard for this rule may result in additional charges. Jefferson Center Foundation' 541 Luck Avenue, SW, Suite 221 . Roanoke VA 24016. 540.343.2624 email Director of Center Services, Fred Pryor: fpryor@jeffcenter.org . www.jeffcenter.org Jefferson Center Foundation is a SOt(e) (3) nonprofit organization '. . EQUIPMENT RENTAL RATES Jefferson Center Foundation is a 501(c)3 nonprofit organization J~~;.!:"~~;~:~ Jefferson Center Foundation 541 Luck Avenue, SW . Suite 221 Roanoke VA 24016 Telephone: 540.343.2624 ex!. 204 email Director of Center Services, Fred Pryor: fpryor@jeffcenter.org www.jeffcenter.org CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor July 7,2008 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Council Members Sherman P. Lea Gwen W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle We jointly sponsor a request of Sarah Holland, City Representative, State Project Discovery Board of Directors, to present an update regarding Project Discovery of Virginia projects at the regular meeting of City Council to be held on Monday, July 7, 2008, at 2:00 p.m. ' Sincerely, ~ ;fi~ Sherman P. Lea, Vice-Mayor C'/~ Alvin L. Nash, Council Member SPUALN:crt pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk PRESENTATION TO ROANOKE CITY COUNCIL BY SARA W. P. HOLLAND July 7,2008 Good afternoon council members and citizens. Congratulations to the newly elected council members. I am here to acknowledge and express my appreciation for the opportunity afforded to me to serve as representative of the City of Roanoke on the Board of Directors of the State Board of Directors, Inc. of Project Discovery. In June of 1993 the City Council appointed me to serve as their representative. I was especially proud, because of my familiarization of the program. The project was conceived at the agency where I was employed. (Total Action Against Poverty). It was envisioned by Cabell Brand, the Chairman of the Board of Directors. The project was, as have been many other innovative projects that were conceived at TAP and "spun off' into a statewide network. Today nineteen (19) programs are currently being funded throughout the State of Virginia. Funding is currently being sought for expansion. The mission of the program was originally conceived to improve access to post-secondary education for minorities and low income youth, especially fIrst generation college goers. There is a 10% window to allow service to youth who are above the basic income guidelines. but who could benefIt from participation in the program. There have been very signifIcant improvements under the direction of the current Executive Director, Jeffrey North: > Federal & State funding has been maintained and increased. 2007/2008 - Va. Dept. of Education increases $900,000.00 CSBG increases by 100% to $75,000.00 > A scholarship fund has been established, and scholarships are awarded annually. $25,000.00 awarded this year. > Strong linkages with additional funding sources have been: 1. Wachovia Bank 2. Kellogg Foundation 3. Virginia Tech 4. Hartford Foundation Currently a proposal has been submitted to Radford university to obtain funding for a special project to target youth for participation in science, math, engineering & technology. -2- In a recent compilation of a ten year positive termination rates have been released: > 84.40 % of our graduates entering post secondary education. > 3.62 % graduates entering the military. > 8.81 % graduates entering the workforce. > 3.17 % other types of terminations. I realize the time constraints for this presentation, so I am leaving folders with additional valuable information for each of you. Last, but not least, I am making two recommendations that I encourage your serious consideration and favorable action. RECOMMENDATIONS TO COUNCIL BY SARA W. P. HOLLAND JULY 7, 2008 1. That Roanoke City Council continue to have uninterrupted representation on the Board of Directors of Project Discovery, Inc. 2. That Council will appoint as my successor upon my retirement (after fifteen years of service), Ron Jones who is the Manager of the local Project Discovery Program at Total Action Against Poverty. That program was just awarded Program of the Year in the State of Virginia. Project Discovery of Virginia, Inc. Statement of Qualifications For nearly three decades Project Discovery has impacted thousands of students in the Commonwealth of Virginia. Currently offered through 22 local programs, Project Discovery works with and assists students from predominantly low to moderate-income households and/or, are potential first generation post-secondary education attendees. Stressing the importance of education to these students, Project Discovery, through its partner agencies, provide workshops to improve basic skills (e.g., study skills, time management, financial planning, etc.) and assist students on the process of completing applications (admission and financial aid) to post secondary institutions. As a result, a greater number of students who would not have gone on to post secondary education have elected to continue their education. Project Discovery's goal is to eliminate poverty through education. A high school graduate makes 26% more than a high school drop-out. A college graduate makes 36% more than a high school graduate. Less than 40% of adults with less than a high school diploma are employed while over 80% of college graduates are employed. It is clear that education is the "silver bullet" that can end poverty, not only for the graduating student but for the successive generations that will come after. Project Discovery has a proven record of effective stewardship of the public dollars entrusted to them. With a success rate of over 90% of last years graduating students matriculating to post- secondary education, Project Discovery spends less than $850.00 per student. Similar federal programs spend nearly $5,000.00 per student for the same type of programs. Project Discovery believes that hardworking, meritorious students should not be deprived of an opportunityto attend college simply because of a lack of funding. Our vision is to see that every student graduate from high school and every student who has the desire and demonstrates the ability, be able to attend post-secondary education. In the past 10 years, Project Discovery has: 'Served 24,496 students, 4th - 12th grade 'Had 5,804 participants graduate from high school 'Had 4,903 graduates go on to college 'Over 75% attended Virginia colleges Project Discovery's students are: '68% female; 32% male '72% Black; 19% White; 5% Hispanic; 4% Other '90.79% are both under income and first generation; or only first generation or only under income '88.12% of graduating seniors in the Class of 2007 enrolled in Post Secondary Education after graduation. September 27, 2007 :::.., ~ :S co Q. co ~ CI) co .Q) ..t::-i::: '- :=:::: c:: ~ ::J ......t::: c:: 0 Q) 2: "0 0 ~- CI) CO _ c:: s::: 0.0 O O-i::: '_ ..t:: CO CI) (.) (.) . .... CI)::J :s ..t::"O .~ ~ ..t:: Q) ..t::..t:: tn.~ ::J..t:: e CI) ...r:: CI) ...... Q) ~g ~ CO a5.E E ..92 Q) ~ ~ I..LJ .!2 c:: ~ ~ CI) - o o ..t:: (.) CI) c:: ~.Q .~"......., ..t:: CO ..t:: (.) tn-5 ::J Q) e ~ :S CO ~-g ~ 0 c:: (.) s::: Q) ~ o E...!.. 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Qj 0 ~_ u.. +-' roCUZ'- -ga;;::~ 0-0 E u Q) 0'- Q)u...z~ .: ~ <t "~ &~~ "~ ~ffi.2:!~ ~~ 8.-5 8. ~ .2 ~ '- ~ ~ Q) o 0 '- Q) ~]~~ 'E 0 ~ g ~ +-' II) 0 .~ ~ ~ ~ ~~]~ '+- E Q) V) ,~~ Co C ]~~~ e ~ ~ ~ c -c '+- '- Q) =' ""C 0 +-'cJ)c:'+- c: II ro Q) Q) Q) +-' U -g E c: ~ cJ)8~~ II c: ::J 0 C:::cJ)~ ~ OJ II II tn-g~B ~:::>CD~ Qj > <lI --' >- t: <lI > _ 0 Uo.. e.... ~ 0 e'* <liD ~~ ; <lI E o .i:i :l o <lI > :;; .Vi o 0.. .,; <5 o ..<:: U V> .~ :0 :l 0.. e .'3 bD .!: ~ .!: V> ~ e <lI -0 .a V> bD e .~ <lI V> :;: o e .!!2 V> <lI U .f~ ~V> OJ e '" '" .E E .... :l ~= ]~ g~ .~o Q.o iS~ <:: 0 .8 to Ole t:.:.: ~~ ~: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 10,2008 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: I am attaching copy of a communication from Mayor David A. Bowers with regard to certain revisions to the City's democratic process as proposed in his letter dated June 26, 2008, which communication was before the Council of the City of Roanoke at its regular meeting held on Monday, July 7,2008. The Council instructed the City Clerk to schedule a public hearing to be held on Monday, July 21 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments regarding some of its operating procedures; and furthermore, instructed the City Attorney and City Clerk to review the operating procedures, with input from the City Manager and Director of Finance, and report their findings to the Council. Sincerely, ~fn. ML~ Stephanie M. Moon, CMC City Clerk Attachment Pc: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget K: \Agenda.08\operating procedures. doc CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor July 1, 2008 The Honorable Sherman P. Lea, Vice-Mayor The Honorable Gwen W. Mason The Honorable Alvin L. Nash The Honorable Anita J. Price The Honorable Court G. Rosen The Honorable David B. Trinkle Dear Vice-Mayor Lea and Members of Council: I want to set some time on the July 7 docket of City Council to discuss the ideas and suggestions in my letter of June 26, 2008, and any comments or suggestions you have regarding the opening of our democratic process so that we can better listen to Roanoke's people. Thank you for your consideration. Sincerely, '@~ David A. Bowers Mayor DAB:jj Enclosure ~ A.. }7-Jc CL~R (< v' DAVID A. BOWERS Attorney at Law 335 W. CHURCH AVENUE ROANOKE. VIRGINIA 24016-5007 TElEPHONE (540) 345-6622 FAX: (540) 345-0216 June 26, 2008 eI TV CLERK !~)E~ )JLn\~ 27 f.lti 11 :21 Honorable Gwendolyn W. Mason 3841 Bosworth Drive, SW. Roanoke, VA 24014 Honorable Alvin L. Nash 4415 Renfro Blvd. Roanoke, VA 24017 Honorable David B. Trinkle 2855 South Jefferson Street Roanoke, VA 24014 Anita J. Price, Council Member-Elect 3101 Willow Road, N.W. Roanoke, VA 24017 "\ Honorable Sherman P. Lea 1638 Lonna Drive, N.W. Roanoke, VA 24019 Court G. Rosen, Council Member-Elect 3326 Allendale street, S.W. Roanoke, VA 24014 RE: Listening to Roanoke's people Ladies and Gentlemen: We have a lot to do, and already I'm convinced that the public will be watching us to make sure that we get much done for them. There are many "big ticket" items on our agenda, including the amphitheatre, Mill Mountain, the City Market, the schools, public safety departments and other major issues facing our city. In addition to tackling these substantive issues, I believe it's also important for us to address the concerns of the public about "how" we conduct the business of our local democracy. Time and again, out on the campaign trailk this spri-ng-,-- I heard citizens' concerns aboutsee-r-et meetings, too many closed-door sessions, and inability to address council in a manner in which the public felt that they were being heard. Our constant challenge is to balance the decision making process we must face between our subjective perception of what the public needs, and our objective perception of what the public wants. You've probably heard me say before that we can have all the progress needed for our city, but if we fail to garner the support of our public for that progress( it will not be successfully accepted by the people of Roanoke. .j City Council Members June 26, 2008 Page 2 Thus, I ask that you consider some changes to our democratic process by considering the following suggestions: I. PUBLIC MEETINGS OF THE COUNCIL: 1. SPEAKER'S TIME LIMITS: The current limit is three minutes and previously the time allotted for speakers was five minutes. I think 5 minutes was fine, and most people spoke within the time limit. Three minutes is just not enough time. I'd like to get rid of the green light, yellow light, red light and go back to where the Mayor, with a stopwatch, gives the speaker notice of 30 seconds remaining on their allotted time, and then is cordial and liberal in allowing the speaker to wrap up their remarks; additionally, if the speaker is not through speaking, then that speaker should be permitted to come back again at the end of other speakers on that particular topic for about a 2 minute summation. 2. PRE-REGISTERING BEFORE MEETINGS: I see no democratic reason for speakers at their local City Council meeting to have to call in and pre-register prior to the start of the meeting; I understand that in the past, some people just learned of an issue coming up on Council and took time away from their busy schedule to come to Council, only to learn that they were not pre-registered and would not be heard; this is preposterous~ we are not the United States Senate; I am in favor of persons identifying~hemselves by name and address before they speak, but I don't see why this can't simply be done from the podium; of course, anyone who wants to speak would be called on after those who have signed up to speak on a particular item are called; my position is that we, the Council, should be very liberal in allowing our citizens to address us. If we're not here to hear Roanoke's people, then what are we doing here? ~ City Council Members June 26, 2008 Page 3 3. REQUESTS BY COUNCIL MEMBERS: I am opposed to the rule that two members of Council are required to place an item on the agenda; I believe each of us have a solemn obligation, owed only to the citizens of Roanoke, to bring matters forward on the agenda of our city; no matter how ridiculous or frivolous an item may be, I believe each Member of Council has the right to bring an item to the agenda, and I will oppose any effort to limit that Council Member's ability to do so. a. COUNCIL REQUESTS: Likewise, I believe any member of Council can bring an issue up and make a request to the administration; similarly, no matter how ridiculous or frivolous I might think that Council Member's request for information may be, or even if I oppose that Council Member's motive or proposal, I will nonetheless support their right to request that information; this is nothing more than the "Golden Rule" in that we should "Do unto others as we would have others to do unto us"; of course, any information provided by the administration at the request of one Member of Council shall obviously be disseminated to all Members,of Council at the same time. 4. BRIEFINGS: a. CITY MANAGER BRIEFINGS: I don't believe there is any time limit on the City Manager's briefings, nor do I think there should be; sometimes they take just a short time, and other issues require a longer presentation, to be set by the City Manager. b. BRIEFINGS WITH REGARDS TO OTHERS: When citizens' groups or neighborhood groups want to brief Council on a .'J- City Council Members June 26, 2008 Page 4 matter, I think we should allow them 15 minutes. c. BRIEFING MATERIALS: I have heard from several members of Council who have expressed the desire to have all documents from the City Manager presented on Thursday evenings prior to the Monday morning briefings; this is the way we dealt with matters in the past, and I believe this would give the members of Council an opportunity to look over the documents prior to the Monday meeting and have an opportunity to call the City Manager about certain items prior to the briefings. d. PODIUM: Let's move the podium out from in front of the Council; frankly, I don't think I can see around it. I understand there are some speakers at the podium who will seek to "rally" the audience. So what! That's what democracy is all about. If people want to "play to the camera", then the public will sense that; my main objection is that I just don't think there should be anything standing between the people in attendance and their view of all the Counc~l. e. NEIGHBORHOOD MEETINGS: I hope we can resume having at least 2 regular night meetings of Council each year in different neighborhoods of the City. II. PARKING LOT: I would ask that the members of Council permit re-designation of the Council parking lot as public parking for 15-20 minutes on the days that we are not in session. I see no reason why we should have an empty parking lot on business days when citizens could easily park and come into City Hall to take care of their city business. ~ City Council Members June 26, 2008 Page 5 III.ACCESS BY THE DISABILED: a. I would ask that representatives of the Mayor's Committee for the Disabled visit with the City Manager and me to address any concerns which they might have regarding parking and access by the disabled to our City Hall and Courthouse buildings, or access to our Council meetings. b. With regards to the Mayor's parking space, which I won't use very often because my law office is close by, I would ask that the space be designated as another space for the disabled, when not in use by the Mayor. IV. CABLE TELEVISION ACCESS: Several citizens have approached me indicating that the cable television coverage of our Roanoke City Council meetings has been cut back. I don't know whether this is true or not, but I would ask that this be referred to the City Manager or the cable television committee to see if additional access and frequency for city council meetings, members and citizens can be allotted. I don't believe there has been any expansion or improvement to cable access in recent years. V. EXECUTIVE SESSIONS: Out on the campaign trail this spring, I also heard many concerns about executive sessions; I don't have all the answers and I would welcome any other suggestions; I do understand the importance of executive sessions with regard to sensitivE; personnel, legal or real estate matters, as defined by state law; I would make the following suggestions: a. Executive sessions should be numbered beginning in January of each year (09-1, 09- 2, 09-3 etc.); with the start of our Council term on July 1, 2008, I would ask that executive sessions be numbered through the end of the year so that Council and our citizens will have an understanding as to how many executive sessions we in fact conduct. it, City Council Members June 26, 2008 Page 6 b. I understand that the notices for executive sessions meet minimum legal requirements of state law; however, in the interest of "open government", I would ask the City Attorney to draft notices for publication by the City Clerk in our agenda, in a way that will provide our citizens with as much information as legally possible to convene an executive session, not with as little information as is necessary. VI. PERSONAL ATTACKS: I will not tolerate personal attacks on Council Members or government administrators during Council meetings by anyone. It's okay to respectfully disagree, and to say so. But I do not think that personal attacks are helpful. People who want to make personal comments about any Council Member or administrator may do so in another forum. This in no way will limit any citizen's right to come forward and complain or criticize. I just don't want it to be personal. There's only one exception: me. If anyone wants to call me a "guttersnipe," or any other name in the book, than I usually would allow that! Above all, we must be good listeners, and our government should be open to the people I hope that some of these suggestions will be favorably considered by you, but I'm anxious to hear your suggestions or concerns about the need for changing our procedures. Please find attached hereto correspondence dated February 2, 2001 along with minutes of a meeting on that date regarding Council's previous position on some of these matters. I submit to you that the times require some changes, both symbolically and procedurally, in order to restore confidence with our citizens that they are being heard in their local democracy. n City Council Members June 26, 2008 Page 7 I hope to have this letter transposed to Mayor's Office letterhead on July 1 and would thereafter ask that it be set on the agenda for discussion by the Members of Council at our meeting on July 7. Thank you for your consideration. Sincerely, ~ David A. Bowers Mayor-Elect DAB~:ne cc:~tephanie M. Moon, City Clerk William M. Hackworth, City Attorney Darlene L. Burcham, City Manager Encl. if ! j ;/ RA.LPH K. SMITH M.yor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-] 536 Telephone: (S40) ~53-2S41 Fax: (540)853-1145 . February 5. 2001 Council Members; William D. Beslpilch William H. Carder C. Nelson Harris W AlVin Hudson. Jr. William WllIle. Sr. Linda F Wyatt . The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As a part of our Council retreat in July 2000, Council concurred, in concept. with certain "House Rules/Code of Conduct" and "Proposed Protocols, Guidelines for Roanoke City Council." A committee composed of Mayor Smith. Council Member Harris. the City ... Manager and the City Clerk was appointed to refine the documents for review by Council. For your further review, I am attaching copy of the documents that were transmitted to Council last August. As a part of our February 5 Council meeting, under item 9.a. Inquiries and/or Comments by the Mayor and Members of Council, I would like to discuss the question of either adopting the documents in their present form, or referring them back to the committee for further refinement, following appropriate comment by the Members of Council. With kindest regards: I am Sincerely, ;;f~a~;ye Council Member LFW:MFP:sm Attachment pc: Darlene l. Burcham, City Manager HOUSE RULES/CODE OF CONDUCT Roanoke City Council Maintain confidentiality - the consequences of failing to maintain confidentiality following a Closed Meeting could result in public censure. Focus on issues, with no personal attacks or stereotyping of the person. Decide and move on to the next issue, with the understanding that four votes decide an issue. Agree to disagree, but look for agreement first. Focus on what is "best" for Roanoke and leave partisanship behind. Be brief and concise in comments and avoid beating the "issue". Come to the City Council meeting prepared by studying the Council agenda and asking questions prior to the Council meeting. listen before judging and understand the other person's point of view. Treat all persons with respect, courtesy and fairness. Share information and talk with all Members of Council. Adopted: February 5.2001 '!;;;; .' Excerpt from the minutes of the regular meeting of the Council of the City of Roanoke held on Monday, February 5, 2001:"""\ 527 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND,/OR COMMENTS BY THE MAOR AND MEMBERS OF COUNCIL: REFUSE COLLECTION~COMPLAINTS: Vice-Mayor Carder expressed concern with regard to the proliferation of paper boxes in the downtown area, specifically in the HistoriC District, and requested that the matter be referred to the City Manager and the City Attorney for review and report to Council. ' CITY PROPERTY: Vice-Mayor Carder requested that an inventory be prepared listing all property owned by the City of Roanoke in the Roanoke Valley, including the location and proposed use of the property. L VIRGINIA MUNICIPAL LEAGUE-UTILlTIES-ROANOKE GAS COMPANY: Council Member Bestpitch referred, to a briefing that was held during the 2001 Virginia Municipal League Legislative Day on Thursday, February 1, 2001, in Richmond, Virginia, with regard to' natural gas prices. He advised that the gas companies have indicated that they will work with citizens to establish a budget payment plan, gas companies are suspending any disconnection of gas at this time due to the severe winter' season, and if any citizen is experiencing financial difficulty in paying their gas bill, they are encouraged to contact their local gas company to inquire about a budget payment plan. CITY COUNCIL: Council Member Wyatt presented the following House Rules/Code of Conduct for Council: ' Maintain confidentiality, - the consequences of failing to maintain confidentiality following a Closed Meeting could result in public censure. 528 Focus on issues, with no personal attacks or stereotyping of the person. Decide and move on to the next issue, with the understanding that four votes decide an issue. Agree to disagree, but look for agreement first. Focus on what is "best" for Roanoke and leave partisanship behind. Be brief and concise in comments and avoid beating the "issue". Come to the City Council meeting prepared by studying the Council agenda and asking questions prior to the Council meeting. Listen before judging and understand the other person's point of view. Treat all persons with respect, courtesy and fairness. Share information and talk with gJJ Members of Council. Ms. Wyatt moved that Council adopt the above referenced House Rules/Code of Conduct. The motion was seconded by Mr. Carder. Mr. Hudson expressed concern with regard to adopting the document. He stated that the citizens of Roanoke elected him to the position of Council Member, therefore, the citizens will let their voices be heard if they have concerns about the manner in which he conducts himself as Council Member. Mr. Bestpitch suggested an editorial change to the document to delete the word "partisanism" and insert the word "partisanship". Ms. Wyatt and Mr. Carder accepted the editorial change as a friendly amendment to the motion. Mr. White advised that for the ten years he has served on the Roanoke City Council, the contents of the document proposed by Ms. Wyatt are the rules that the Members of Council have ab,ided by, therefore, he sees no need for the Council to adopt a formal written document. [] l_ I; L,i 529 Vice-Mayor Carder advised that Council discussed its rules of conduct at the Council's Planning Retreat which was held in July 2000 and agreed to certain professional behavior that all Members of Council will honor when transacting the business of the City. Following further discussion, the motion, as amended, was adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch and Mayor Smith-------------------------------------------------------------5. ' NAYS: Council Members Hudson and White----------'------------------2. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred for any necessary and appropriate response, recommendation or report to Council. L COMMITTEES-COMMUNITY PLANNING: Ms. Helen E. Davis, 35 Patton , Avenue, N. W., spoke in support of the reappointment of Ms. Barbara N. Duerk as a member of the City Planning Commission., She advised that. Ms. Duerk is articulate,. courteous, respectful, strong, dedicated, energetic and an honest business woman. She stated that Mr. Duerk is a true advocate for Roanoke's bike plan and the Roanoke Valley greenways, and requested that Council reconsider her reappointment for another three year term on the City Planning Commission. Ms. Fredrika Monk, 3343 Pittsfield Circle, N. W., spoke in support of the reappointment of Ms. Duerk to the City Planning Commission. She referred to Ms. Duerk's community pride and knowledge of the Roanoke area which is an asset to any person who serves on the City Planning Commission. Ms. Pernella C. Wilson, 3045 Willow Road, N.W., spoke in support of the reappointment of Ms. Duerk to the City Planning Commission. She, stated that as . an official of the Southern Christian Leadership Conference (SCLC), she received approximately 60 telephone calls from citizens expressing a concern over the decision of Council not to reappoint Ms. Duerk and asked that Council give further consideration to her reappointment. s. c... <mrnash@cox.net> 07/07/200808:30 AM To Stephanie.Moon@roanokeva.gov ee bee Subject Response to Mayor memo FYI, see attached > > > > Stephanie M. Moon, CMC > > City Clerk > > (540) 853-2541 (Work) > > (540) 853-1145 (Fax) > > stephanie.moon@roanokeva.gov > > > ~..:J;? ~ Response to Ma}'or.docx Response to Mayor 1. Speaker's Time limits: the current time limit for a person's addressing Council is five minutes, if there are more than 5 persons speaking on the same issue the time is reduced to 3 minutes. I am in favor of allowing all speakers five minutes to speak on any issue I think we should drop the "subject" of their comments and persons address us in the order that they sign up. I think the light system is fair to all but perhaps at the 30 second light the Mayor can cordially remind the speaker to wrap up. I don't support anyone coming back for a 2 minute summation. I would rather allow persons to take whatever time they need which would not be fair to other speakers or the democratic process. 2. Pre-Registration before mee~ings: I think pre-registration is a good idea; it enhances the options persons have to communicate their intention to speak and can be in the form of calling the Clerk's office, e-mail the request or mail in the request. Pre-registration saves time and insures the speaker that their request to speak is secure. I think pre-registration should remain an option. Pre-registration is an option but not mandatory, persons are allowed to sign up at the front entrance as they come in on a first come first serve basis. They sign up until council starts the meeting. If someone comes late they have been allowed to speak at the end of the meeting time allowed for speakers. I think we have a fair process but as a routine I think the Mayor can ask if there is anyone who would like to speak who we don't have a request for and allow them five minutes. One more issue with speakers, I believe it would be great if we heard speakers early in the agenda, for people to come down and wait for an hours or more to speak is not being as considerate as we could be. I propose that we move the hearing of citizens to the front of the agenda perhaps right after the consent agenda is voted upon. 3. Agenda requests by Council members: I am in support of anyone member of Council being able to place an item on the agenda. We should make sure that before the item gets voted on that it meets all the legal criteria and due process. The other part of that should be that the Council member provides some type of briefing to council prior to the meeting perhaps to be included in the Thursday package or at least a direct e-mail to council member, and the administration. 4. Briefings: We don't place a time limit on the City manager briefings and I support all other briefings to be 15 minutes unless we get a special request for more time by the presenter, a member of the Councilor the Administration. 5. Briefing materials: I concur that all briefing materials should be gotten to us on the Thursday before Monday's meetings and the Tuesday before any Thursday meetings. I would add that this request or requirement be extended to all council appointed persons not just the City Manager. 6. Podium: I support moving the podium either right next to the City manager or next to the City Attorney. 85% of the time it is not in use. If we moved the speaker's time up in the agenda, then we could move the Podium out of the way once speakers are finished. 7. Neighborhood meetings: I think the school system does a good job rotating their meetings from school to school and the school administration bldg. Because of the wireless technology, I suggest we have on meeting a year at each of the two high schools, they are designed to accommodate a City Council meeting, convenient to the communities they support and solves the problem with parking, security, and accessibility. RAMS is also a good location. 8. Council parking lot: the parking lot is also used for deliveries, the police department, and drop off and pick up by employees, the maint and support Staff Park in the area and it is used as a turn around, trying to enforce 10 to 15 minutes will only result in more people getting tickets. I am in favor of my spot being open parking after five and on weekends and used for handicap parking when I am not scheduled to use it. 9. Access by the Disabled: I concur with the Mayor's points in the area. 10. Cable TV access: I am okay with the Mayor's suggestion I am not aware of any cable cut back. 11 . Executive sessions: I am not in support of executive sessions, the only time we should have one is after we vote knowing beforehand that the session is legal, absolutely necessary and protects the interest of the public or the rights of an individual. If we follow strict criteria for closed meetings I don't think it matters how many we have but we could number them for some reason. I think the clerk can tell us today how many closed meetings we have had because they are public record. At some point the results of the closed session should be revealed to the public in some form, for example the purchase of Countryside is the result of closed sessions gon'e too far without any public input or without any process to inform the public of what we are doing. Council should be limited in what can be done in closed session and we should figure out how to inform people about the session without compromising trade secretes or personal issues. Perhaps it would be helpful if we knew the rules about executive sessions who can call, etc. I am okay with informing the public as soon as possible about any closed sessions on the agenda. I need more on this issue. 12. Personal attacks: I appreciate the Mayor's effort to stop personal attacks, a more open government allows citizens to come out and speak their mind. Due to cultural differences a complaint and disagreement could seem and will appear to be personal. The interpretation of personal attacks should not be placed on one person's shoulder. A more open government means people will speak their mind and tell the truth as they see it. I think we should limit and focus only on threats to Council members and administration. A threat is easy to interpret and monitor. For example a "guttersnipe" may be personal, may be an opinion, may be true, but it is not a threat, thus should be allowed. In The short time I have been on City Council, hundreds of people have suggested that a restoration of City Government is what they want, this does not stem from the recent election but from decades of confusion and mistrust in all Councils or maybe "government". I think we need more than symbolic and procedural changes. I think we need to change the heart and soul of local government. Whether you use a time clock or a stop watch, the need or desire to control people is the issue. I think every member of City Council should grasp this opportunity to look at all the things we do and see if change is needed. There is an orientation in Richmond for new Council members, Price, Rosen the City clerk and I will attend; I think the orientation may be helpful in addressing some of these situations. We might want to look at some "best practices" around the state to see how Councils manage open government. r- .,., " CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIDRNEY TELEPHONE, 540'853.2431 FAX, 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP.FERGUSON ASSISTANTCITY AITORNEYS July 14, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Council Procedures Dear Mayor Bowers and Members of Council: This is in response to Council's request that I cominent on the proposals set out in Mayor Bowers' letter to Council of June 26, 2008, included in Council's July 7 agenda materials proposing certain changes to Council meeting procedures. It appears that only one or two of the proposals would require amending Council's rules of procedure as set out in Sec. 2-15 of the City Code, as most of the procedures discussed in the Mayor's letter were implemented at one time or another by motion or consensus of Council, rather than by resolution or ordinance. (I have attached a copy of Sec. 2-15 of the City Code for your reference.) All of the Mayor's proposals are ultimately policy issues for Council, so I make no particular recommendations with regards to them. By way of background information, I have attached a copy of a short article I prepared for the Spring 2008 issue of the Journal of Local Government Law entitled Citizens' Comments During Public Meetings. It discusses briefly the issue of limitations on citizens' speech during public meetings, time limits, limits on the number of times citizens may speak, and regulating the behavior of speakers. I have also attached as background information the results of a survey that a colleague of mine did in 1994 on how different localities handle citizen comments during their meetings. This survey is undoubtedly' outdated, but I think it is useful to illustrate how ~ide a variety there is of procedural rules and practices that have been adopted on this topic. As to extending the time limits for citizen comments, as proposed by the Mayor, this is certainly permissible. Except for public hearings, Council does not have to permit citizen comment at all during its meetings, but this is traditional, and Council's Rules of Procedure (Rules 7 and 8A, Sec. 2-15 (f) of the City Code), provide for Council's agenda to have a time for "hearings of citizens on public matters." Rule 7 provides that "[t]he presiding officer may place reasonable time limits on speakers during such time." Rule 8A provides that "City Council sets aside a portion of its meeting time to hear citizens on public matters and invites and encourages citizens to address Council. Citizens who wish to addre~s Council are requested to complete a "request to speak" form, provided by the city clerk, and .' ", shall conform to such guidelines for speakers as may be promulgated from tIme to time by CounciL" (Council's rules may be altered or suspended at any time by a vote of at least five of the members of Council. Council Rule 12.) As to the Mayor's comments on Council members placing items on Council's agenda, Council's/Rule 7 provides in applicable part as follows: "Rule 7. Order of business; hearing of citizens in the ordinary transaction of business the following order shall be observed: (5) Petitions' and communications (presentations on behalf of groups or organizations permitted during this time, if approved by two (2) members of councilor scheduled by the city manager)" Subsection (5) of this Rule only pertains to petitions and presentations on behalf of groups or organizations; it does not apply to or limit the ability of members of Council to. bring up matters under Section 10(a), "Motions and Miscellaneous Business, Inquiries and/or comments by the Mayor and members of City Council," of the agenda, during which such portion of Council's meetings the Mayor and members of Council traditionally bring up items for discussion or consideration or referral to the City Manager. If Council desires to amend Rule 7, it will be necessary to do this by ordinance, since it is set out in the City Code. The City Clerk looked into the matter, and is not aware of any specific time limit on such presentations that has been set by Council. r As to holding meetings of Council from time to time at locations other than those designated in the resolution adopted by Council at its organizational meeting July 7 of this year, the location of any future meeting can be changed by Council by following the procedure set out in Rule l(c) of Council, which provides as follows: "(c) If the city council subsequently prescribes any public place other than the initial public meeting place, or any day or time other than that initially established, as a meeting day, place or time, the city council shall pass a resolution as to such future meeting day, place or time. The city council shall cause a copy of such resolution to be posted on the door of the Council Chamber and inserted in a newspaper having a general circulation in the city . at least seven (7) days prior to the first such meeting at such other day, place or time." As to closed meetings, as a practical matter, the General Assembly in recent years has curtailed the types of subjects that may be discussed by local governing bodies in such meetings. Nothing in the law requires that any matter be discussed in a closed meeting, as opposed to an open meeting; this is discretionary with City Council, which must affirmatively vote to conduct a closed meeting on each and every matter that it discusses in such a meeting. Of course, there are matters which, by their nature, should be discussed in closed meetings, and that is' a policy issue that must be determined by Council on a case-by- case basis. K:\wmh\Letters to council\procedural questions by mayor bowers.doc As to the Mayor's proposal that Council not permit "personal attacks on Council Members or government administrators during Council meetings," Council may adopt and enforce such a rule. In May of this year (after I wrote the attached J oumal article), a panel of the United States Court of Appeals for the Fourth Circuit decided the case of Steinberg v. Chesterfield County Planning Comniission. et al. (No. 07-1181, May 29,2008), in which it upheld a planning commission's policy that prohibited speakers appearing before it from making "personal attacks" on others. In upholding this policy, the court concluded "that a content-neutral policy against personal attacks is not facially unconstitutional insofar as it is adopted and employed to serve the legitimate public interest in a limited public forum of decorum and order.. Such a policy is deemed content..neutral when it 'serves purposes unrelated to the content of the expression. . . even if it has an incidental effect on some speakers or messages but not others. III I would note that the "House Rules/Rules of Conduct" adopted by Council by motion on February 5, 2001, and attached to the Mayor's letter, are still in effect and have not been repealed by Council. According to the City Clerk, agenda materials have been distributed to Council members on the Thursday prior to Council meetings, as requested by the Mayor. Please let me know if I may be of any further assistance on this matter. With kindest personal regards, I am Sincerely yours, 8)A~ William M. Hackworth City Attorney WMH/lsc Enclosures c: Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk K:\wmh\Letters to council\procedural questions by mayor bowers.doc Sec. 2-15. Rules of procedure. Pursuant to section 8 of the Charter, providing for the determination of its rules by the council, the following rules set out in this section are adopted. Rule 1. Regular meetings; organizational meeting; amendments to meeting schedule; continuance of meeting due to emergency; and adjournment of meetings. (a) Council shall hold regular meetings on such days as may be prescribed by resolution ofthe ,council adopted at its orgarnzational meeting pursuant to subsection (b) hereof. Should the day established by city council as the regular meeting day fall on any legal holiday of the city, the meeting shall be held on the next following regular business day, without action of any kind by the city council. Meetings of city council shall be automatically adjourned at 11 :00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously adopted. The regular meetings of council shall be held in the Council Chambers, Room 450 of the municipal building in the city, unless otherwise provided by resolution of council. (b) The first meeting of city council in the month of July shall be referred to as the organizational meeting. The days, times and places of regular meetings to be held during the ensuing months shall be established by resolution at the organizational meeting. (c) If the city council subsequently prescribes any public place other than the initial public meeting place, or any day or time other than that initially established, as a meeting day, place or time, the city council shall pass a resolution as to such future meeting day, place or time. The city council shall cause a copy of such resolution to be posted on the door ofthe Council Chamber and inserted in a newspaper having a general circulation in the city at least seven (7) days prior to the first such meeting at such other day, place or time. (d) A regular meeting of city council may be continued if the mayor, or vice-mayor if the mayor is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such findings shall be communicated to the members and the media as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting, and no further advertisement shall be required. Any such continuance declared in the discretion of the mayor or vice-mayor shall be not beyond the time fixed for the next regular meeting. (e) Regular meetings of city council, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business before the governing body is completed. Charter references: Council to meet at such time as prescribed by ordinance or resolution, but at least twice each month, ~ 10. (f) As long as council conducts at least two (2) regular meetings each month, as required by section 10 ofthe Charter, if the mayor determines that there is no business to be conducted at a scheduled meeting, the mayor may cancel such meeting, in which event the city clerk shall give such notice as is practical of such cancellation to city council, the public, and the news media. Rule 2. Call and notice of special meetings. Special meetings ofthe council may be held pursuant to call and notice thereof meeting the requirements of section 10 of the Charter. Rule 3. Limitation on business at special meetings. At any special meeting of the council, only such business may be transacted or such legislation enacted as may be mentioned in the call for such meeting or as incident thereto. Document2 Rule 4. General duties of mayor as chairman. The mayor shall be the chairman of meetings of the council, and shall preserve order and decorum during sessions, decide all points of order, subject to appeal to the council, and appoint such committees as may be ordered by the council and not otherwise appointed. Rule 5. Vice-mayor to preside in mayor's absence; duty of members to vote. In the absence ofthe mayor, the vice-mayor shall call the council to order and preside over its meetings. Every member present, when a question is put, shall vote, unless the council, for good and sufficient reasons, excuses him from so doing or such member is prohibited from voting by the provisions ofthe Virginia Conflicts of Interest Act. Rule 6. Aye and nay vote. An "aye" and "nay" vote shall be taken for the passage or adoption of all ordinances and resolutions and may be taken upon any other matter when required by one (1) member of the council, and when so taken, shall be entered upon the journal. Rule 7. Order of business; hearing of citizens. In the ordinary transaction of business the following order shall be observed: . (1) Roll call and call to order. (2) Presentations and acknowledgrrients by council. (3) Consent agenda. (4) Advertised public hearings, if any (such hearings shall be scheduled for the second meeting each month, unless otherwise authorized by council). (5) Petitions and communications (presentations on behalf of groups or organizations permitted during this time, if approved by two (2) members of councilor scheduled by the city manager). (6) Reports of city officers. (7) Reports of committees. (8) Unfinished business. (9) Introduction and consideration of ordinances and resolutions. (10) Motions and miscellaneous business. (11) Hearing of citizens on public matters. The presiding officer may place reasonable time limits on speakers during such time. (12) Comments of city manager. Rule 7 A. Consent agenda. Those items required to be considered by the council and considered to be routine, noncontroversial and requiring no discussion shall be placed on the consent agenda by the City clerk. The clerk shall note the recommended action for each item. The consent. agenda shall include, among other items, the following: (1) Approval of minutes. (2) Setting of matters for public hearing. (3) Letters of resignation and communications advising of the qualification of council appointees. (4) Resolutions appointing viewers to view streets and alleys petitioned for vacation, resolutions fixing dates for special and regular meetings of council and resolutions naming streets and parks. (5) Other items considered by the clerk to meet the standard hereinabove set forth. Any items placed on the consent agenda by the clerk shall be removed upon oral request of any member of council, the city manager or other council-appointed officer made prior to consideration of the consent agenda. The remaining items on the consent agenda and the clerk's recommended action shall then be approved by one (1) motion followed by a roll call vote. Document2 Rule 8. Petitions, communications and applications. All petitions, communication or applications to the city council at its official meetings shall be in writing. Rule 8A. Hearing of citizens. City council sets aside a portion of its meeting time to hear citizens on public matters and invites and encourages citizens to address counciL Citizens who wish to address council are requesteq to complete a "request to speak" form, provided by the city clerk, and shall conform to such guidelines for speakers as may be promulgated from time to time by council. Rule 9. Introduction of ordinance. Every ordinance shall be introduced by a member of the council. Rule 10. Reconsideration of questions. When a question has been taken, it shall be in order for any member voting with the majority to move a reconsideration thereof at the same or a succeeding meeting, but no question shall be reconsidered a second time, without the consent of five (5) members of the council. Rule 11. Robert's Rules of Order. The rules of parliamentary practice, as comprised in "Robert's Rules of Order," shall govern the city council in all cases to which they are applicable, providing they are not in conflict with these rules or the laws of this state. Rule 12. Alteration, amendment and suspension of rules. These rules may be altered or amended at any regular meeting by a vote of at least five (5) members of the council. Any of these rules may be suspended for the time being by a vote of at least five (5) members. (Code 1956, Tit. II, Ch. 4, ~ 2; Ord. No. 23075, 7-26-76; Ord. No. 26526, ~ 1,5-23-83; Ord. No. 26665, ~ 1,9-6-83; Ord. No. 32003, ~ 1,5-23-94; Ord. No. 32356, ~ 1, 1-23-95; Ord. No. 32774, ~ 1, 12-11-95; Ord. No. 33447, ~ 1,6-16-97; Ord. No. 33448, ~ 1,6-16-97; Ord. No. 35602, ~ 1, 10-18-01; Ord. No. 35907, ~ 1,6-17-02; Ord. No. 37606,~ 1, 11-6-06) Charter references: Council quorum, ~ 8; authority of council to punish its members for misconduct and to compel attendance of members, ~ 8; council meetings to be public, ~ 10; council member's seat to be vacated for unexcused absence from five (5) consecutive meetings,~ 11. Document2 ."~- , . f , ,- I Citizens' Comments During Public Meetings William M. Hackworth Parliamentary issues often arise in connection with citi- zens appearing before gov- erning and other governmental bodies wishing to "add their two cents" worth to the discourse. Most of the time, such issues are re- solved routmely; sometimes not. Ten days after losing a federal law- suit early this year against the City of Kirkwood, Missouri, in which the plaintiff contended that his First Amendment rights had been vio- lated because he was twice con- victed of disorderly conduct for making "repetitive, personal, viru- lent attacks" against city council members and refusing to leave the podium after speaking during the council's public hearings on two different business expansions at one meeting, and doing the same during the public comment period at another meeting, the disgruntled plaintiff stormed a later council meeting and killed five people, in- cluding two police officers, the city's public works director, and two council members, and seri- ously wounded the mayor and a reporter. (The city attorney fought off the attacker by repeatedly throwing chairs at him.) While Virginia law requires .local governing bodies to conduct public hearings on various matters, such as changing tax rates, rezonings, sale of public property, etc., it does not otherwise require that citizens be permitted to speak during public meetings. Nevertheless, as a matter Bill HackWOrlh is the City Attorney for the City of Roanoke and may be reached via e-mail at William.Hackworlh @roanokeva.gov. Journal OF Local Government Law of practice, most governing bodies permit citizens to speak on topics of their choice at designated times during such meetings, and some permit citizens to speak on any agenda item. Local practices vary widely. "Citizen comment periods" are variously scheduled at the be- ginning and at the end of meetings. Some localities televise such com- ments; others do not. Some locali- ties require speakers to sign up in advance. Some impose time limits, and some limit the number of times speakers address a specific subject within a defined time frame. Some impose reasonable rules of behav- ior for those attending meetings, in order to ensure that the proceedings are orderly, and that public busi- ness is not interrupted by inappro- priate behavior. Limits on Speech Content Limits on the content of citizens' speech may be difficult to enforce, and any such limits must be rea- sonable, narrowly drawn, and con- . tent neutral. As Justice Frankfurter stated in Baumgartner v. United States, 322 U. S. 665, 673-674 (1944), "One of the prerogatives of American citizenship is the right to criticize public men and measures - and that means not only informed and responsible criticism but the freedom to speak foolishly and without moderation." In a 2001 Virginia Beach case, a citizen successfully challenged the validity of a school board bylaw that prohibited "personal attacks" during the public comment period of a school board meeting. Bach v. School Board of the City of Vir- ginia Beach, 139 F. Supp. 2d 738 (E. D. Va. 2001). The bylaw spe- ci,fically prohibited "attacks or ac- cusations regarding the honesty, character, integrity or other like personal attributes of any identified individual or group." The court held this part of the policy was un- constitutional. The court found that, in permitting citizens' com- ments, the board created a "limited public forum." Since the board permitted positive as well as neu- tral comment on individuals and groups, the court reasoned that the board could not limit public debate by prohibiting anything negative beipg said about them. The court cited New York v. Sullivan, 376 U. S. 254,269,(1964), which observed that "it is a prized American privi- lege to speak one's mind, although not always with perfect good taste, on all public institutions, and this opportunity is to be afforded in vigorous advocacy no less than ab- stract discussions." Another court, however, upheld a Richmond City Council rule pro- hibiting "personal attacks" on council members during a citizens' comment period. Sa 'ad El-Amin v. West, (E. D. Va. 1988) (unpub- lished opinion) (1988 U.S. Dist. Lexis 17511). (The rule also re- quired citizens to speak only on ''the services, policies and affairs of city government" and prohibited campaign speeches.) In upholding the rule, the court quoted from Be- thel School District No. 403 v. Fra- ser, 478 U. S. 675 (1986), a case involving impertinent and lewd comments made by a,student dur- ing a presentation at a school as- sembly, as follows: The fundamental values of "habits and manners of ci- vility" essential to a de- mocratic society must, of course,' include tolerance of divergent political and religious views, even when the views expressed may be unpopular. But these "fundamental values" must also take into account con- sideration of the sensibili- ties of others.... Even the Page 7 Journal OF Local Government Law most heated political dis- course in a democratic so- ciety requires consideration for the per- sonal sensibilities of the other participants and au- diences. Behavior of Speakers In Howard v. City of Roanoke, 51 Va. App. 36 (2007), the conviction for disorderly conduct of a citizen. for being disruptive during a coun- cil hearing was upheld. The citizen was one of 54 scheduled speakers on a controversial city issue, and after he had spoken, he returned to his seat, from where he proceeded to heckle the council by cupping his hands around his mouth and yelling while the mayor attempted to speak, despite being requested to refrain from doing so. The citizen claimed that his yelling was pro- tected "spe~ch", but the appeals court determined that the totality of the circumstances must be looked at, and the mere fact that words were spoken by the citizen while he was yelling did not prohibit his conviction. See Mannix v. Com- monwealth, 31 Va. App. 271 (2000), in which the conviction of a citizen for disorderly conduct and obstructing justice was upheld, af- ter the citizen appeared at a board of supervisors meeting and spoke, but refused to stick to the agenda item being discussed, and refused to be seated after his permitted time to speak had elapsed. (The court rejected the defendant's assertion that his legal counsel should have been permitted to quiz the board's chair regarding his familiarity with the rules of parliamentary proce- dure relating to limiting debate!) See also Collinson v. Gott, 895 F. 2d 994 (4th Cir. 1990) (removal of . citizen from public meeting of county commissioners for interrup- tions and truculence). Page 8 Robert's Rules of Order Newly Revised (10th ed.), at pp. 628-629, sets out rules governing "protection from annoyance by non-members in a meeting." It provides that the chair, acting alone, may act to pro- tect an assembly from annoyance, including requiring nonmembers to leave the hall, or ordering their re- moval. Such an order is appealable, and not debatable.' The rules quaintly provide that the chair may appoint a committee to escort the offender to the door, but also sagely suggest that it is usually preferable to leave this to the po- lice. Time Limits Content neutral regulations that re- late to the time, place, and manner of expression during meetings are not subject to as rigorous a scrutiny as regulations that go to the content of speech. In a 1991 lawsuit in- volving the City of Poquoson, a citizen challenged a five-minute limit imposed on her presentation to the city council. Belcher v. City of Poquoson (4th Cir. 1991) (No. 90-2618) (unpublished opinion). The citizen had been placed on the council's agenda, at her request, to complain about a building code violation for which she had been cited. She was escorted from the podium when she ignored repeated requests to stop speaking after five minutes. (She had already spoken to the council during two earlier meetings during the citizens' comment period, when citizens were permitted to speak for three minutes.) The three-judge panel upheld the five-minute limit as be- ing "entirely reasonable" since the speaker was speaking during the "regular" part of the meeting, dur- ing which business was to be trans- acted, finding that this time was not intended to provide a public forum for all comers. The court cited a Florida case for the proposition that "citizens have no constitutional right to voice their views whenever and wherever they so desire." Ad- derley v. Florida, 385 U.S. 39 (1966). A two minute limit has been up- held. Collinson v. Gott, 895 F. 2d 994,996 (4th Cir. 1990). Limits on Number of Times Citizens May Speak A Richmond City Council rule lim- iting the. number of appearances anyone individual may make dur- ing the citizens' comment period within a defined period of time was upheld in Sa 'ad EI-Amin v. West, supra. Some localities have estab- lished such a limit (such as three times in one year, or once every three months). This should be done by adopted rule, rather than arbi- trarily, however. According to press reports, a Grand Prairie, Texas, man was paid $75,000 in settlement of a federal case he filed for being prevented from speaking during a citizen comment period (not required to be conducted under Texas law), after the city's mayor determined that the man had spo- ken no fewer than ten or twelve times on the same topic at earlier meetings. 1 J . Limits on Number or Types of Speakers A North Carolina caSe, Freeland v. Orange County, 273 N. C. 452 (1968), related to a rezoning, where thirty-one. of an estimated 500 in attendance at a zoning hearing were permitted to speak for a total of about two and a half hours (ap- parently, about 200 more wished to speak). The resulting ordinance was upheld, the court fmding un- tenable the contention that the body was required to hear all persons in attendance without regard to time. (Cited in Collinson v. Gott, supra). A Florida city council's rule limit- t 1 II . I'~.?; '/0" _... ( ing speakers during its public comment period to city residents has been upheld. Rowe v. City of Cocoa, 358 F. 3d 80 (11th Cir. 2004). In Henrico Professional Firefight- ers Association, Local' 1568 v. Board of Supervisors of Henrico Journal OF Local Government Law County, 649 F.2d 237 (4th Cir. 1981), the court held that when a governing body opens a portion of its meeting for individuals to dis- cuss any relevant topic, it may not exclude . representatives of em- . p10yee groups from speaking when other individuals and representa- rives of non-employee groups are permitted to speak. This was found to be both an equal protection and a First Amendment deprivation of the employee association's rights. '. H \ 4f.i . . QUESTIONNAIRE (;J /) ~ ~ ~ ") 1. DOES YOUR GOVERNING BODY PROVIDEFOR "CITIZENS' TTh1E" AND, IF SO, HOW IS IT HANDLED? FOR EXAMPLE, WHERE IT APPEARS ON THE AGENDA, WHAT TIME IS ALLOTTED. I Albemarle County See attached "Official Agenda." Arlington County Citizens may speak before the County Board on a variety of issues whenever the Board is in public session. At the beginning of each County Board meeting, the first. agenda item is Public comment. During this period, citizens may speak before the Board on any issue or concern which is not scheduled to be heard during that meeting. Each citizen may speak up to two (2) minutes and must complete a speaker slip and give it to the Clerk prior to the beginning of the period. Only one speaker is allowed to be heard on each topic. All speakers are heard on a first come, first heard basis. There is no present maximum time allocated for this item. Public comment continues until all speakers have been heard. Bedford County We have a section of our agenda devoted to "public appearances" during which any citizen may appear and address the Board. This section follows approval of the agenda and minutes. The stated policy requires that the citizen contact the county Administrator on the Thursday.prior to the Monday meeting and register, giving the topic and approximate duration. In fact, often a citizen will appear at the night of the meeting and request to address the Board. Such requests are routinely granted, especially if endorsed by the member representing the citizen's district. County of Chesterfield Yes. See attached excerpt from the Board of Supervisors Procedures and agenda. Procedures governing the conduct of meetings are adopted at the Board's annual meeting each January. 2 County of Culpeper Culpeper Countyprovidesfor a "citizen's forum" at the beginning ofits 7:00 p.m. monthly meeting of the Board of Supervisors, at which time other public hearings and planning and zoning cases are discussed. There is no time restriction on this agenda item. Although individual Board members may make comments in response to citizen comments, no action is taken by the Board as a result of any issue raised during this citizen's forum. If action is required, it is scheduled for another time when appropriate notice may be given. There is no restriction upon the topic. Fairfax County "Citizen time" is provided. at every other Board meeting--typically once every four weeks--at the end of other scheduled hearings. The speakers list" is maintained in the '. Office of the Board Chairman and only ten speakers are permitted. A speaker may not speak more than once every six months and speakers are not permitted to speak on matters in litigation, matters scheduled for public hearing withinfour months or matters involving specific County employees. Each. speaker is allotted three minutes. Fauquier County Yes, the Board of Supervisors provides for "citizens time" at its two regularly scheduled monthly meetings. Citizens time is a twenty minute period at which citizens may address any matter not the subject ofa public hearing on the Board's agenda. The twenty minute period is allotted proportionately between speakers based ofthe number citizens wishing to address the Board of Supervisors. Citizens time comes at the beginning of the meeting following the Pledge of Allegiance and the Adoption of the Agenda. Hanover County The Rules provide for citizens time on the agenda of each meeting of the BOCS, just after the Pledge of Allegiance. The Rules do not specify how long Citizens' Time will be , but typically 10 minutes is allotted on the agenda for this purpose. The Rules provide that, in the event that the number of citizen's comments should exceed the time allotted for Citizens' Time, the Chairman may request that the citizens return at the next regular meeting, may extend Citizen's time or may schedule a public hearing on the matter being discussed. , 3 County of Henrico The BoardprbVides a "Public Comments" period near the beginning of the regular meeting agenda (see sample agenda attached). During this period, citizens are allowed to address any item which does not appear on the agenda. No specific time is allotted for the comment period, and a citizen does not have to register in advance to speak. I . King William County Our board of supervisors does provide for citizens comment time, generally. at the end of the board meeting. Individuals are allowed to speak for 3 minutes and a person representing a group would be allowed to' speak for 5 minutes. This rule is liberally construed. Loudoun County Yes. Citizen's Time is provided at the beginning of each' regular business meeting. Speakers have up to 5 minutes, unless special arrangements have been made with the Chairman in advance. As a matter of practice, speakers will out a form with the Clerk. The Board room is equipped with a timing system which alerts speakers when they have one minute remaining and their time has expired. Nelson County The Nelson County Board of Supervisors meets on the 2nd Tuesday of each month at 2:00 p.m., and again at 7:30 p.m. Time is allotted for delegations to address the Board at the end of both afternoon and evening sessions. City Portsmouth 30 minutes at beginning of meeting is designated for speakers each with whom has a 5 minute time limit. If the 30 minutes expires and there are still persons signed up to speak there is a time period at the end of "new business" for the continuation of new agenda speakers (See attached agenda). Council may motion and majority vote could extend the 30 minute time period for good cause to allow a speaker to speak in beginning and not the end of the meeting: County of Roanoke Yes. See attached. Spotsylvania County Please see Section 4-1(0) of the BOCS By-laws. 4 County of Stafford . The County of Stafford allows two opportunities for citizens to address the Board of Supervisors. The first time is immediately following Roll-Call of the Board of Supervisors' members (at 1 :00). The second time is in the evening portion of the meeting following the public hearings (7 :00). Citizens speaking for a group are allotted 5 minutes to speak. A citizen speaking for himself, only, is allotted 3 minutes. If a citizen speaks at 1 :00, he cannot speak at the evening portion of the meeting. ' City of Virginia Beach The City Council of the City of Virginia Beach does not provide for "citizens' time." York County Yes. Public comment. At end of agenda, no time limit, but BOS usually suggests 5 minutes for speaker. Will permit longer if subject dictates. 2. WHAT IS YOUR BOARD'S PROCESS FOR CONDUCTING PUBLIC.. HEARINGS AT THE ACTUAL BOARD MEETING? FOR EXAMPLE, WHAT ARE YOUR RULES REGARDING THE NUMBER OJ.? MINUTES THAT CITIZENS ARE ALLOWED TO SPEAK? ARE CITIZENS ALLOWED TO SPEAK LONGER IF THEY REPRESENT A GROUP? DO YOU PERMIT THE PRO SIDE TO SPEAK BEFORE THE CON SIDE? I AM ALSO INTERESTED IN KNOWING WHAT YOU DO IF THE NUMBER OF SPEAKERS EXCEEDS THE TIME GENERALLY ALLOTTED FOR THE BOARD MEETING, LE.~ RECESSES. Albemarle County The Board's practice is to: 1. Receive staff report 2. Open public hearing 3. Receive comments from applicant or applicant's representative 4. Receive public comment pro or con . 5. The Board generally does not set a maximum amount of time for public hearings. 5 Arlington County Public hearings"are held in the order in which they appear on the agenda. Citizens must complete a speaker slip identifying the item number and place it in the speaker slip box before public testimony on that item begins. A maximum of five minutes is allowed for individualsjwishing.to speak. Speakers may choose to speak two minutes or less, or. up to five minutes. Those who limit their speaking to 2 minutes will be called on first, in the order in which their speaker slips are received. Two to five minlltes speakers will be called' on next, as well in the order their slips are received. Ifthere is lengthy public testimony, the chairman may limit the amount of testimony and the length of each presentation. Citizens representing an organization, speak under the guidelines as other speakers. The County Board. procedures indicate that the Chairman may, at his/her discretion, announce "for" and "against" speakers before the testimony when lengthy public testimony is anticipated. However, speakers will be called in the order their slips are received, regardless of their position on the issue. Speaker slips are good only for the session of the meeting listed on the slip and are not held over to another session or meeting. If an item is held.overfor action to another date, the Board has two options. They may either hear all testimony' at the first meeting and then close the public testimony on this item, or they may carry the item over without closing public testimony. If they do not close the testimony then at the next session, citizens may sign up to speak on the issues before a decision is made. Bedford County We required that an individual register to speak at public hearings immediately before the meeting. A county employee at a table at the. entrance to the board room collects the signatures. Once the Chairman receives the signatures and determines the number of speakers, he may set a time limit (this depends upon the topic and number of speakers). The speaker's stand is equipped with a timed red-light which will advise the speaker when the time has expired. A spokesman for a group of people who have registered will be allotted more time. Normally there is no distinction made as to whether a speaker supports or opposes the proposal. Also, if time permits; the Chairman normally asks if anyone else Wishes to speak (I usually cringe when this happens). If a controversial, high-publicized matter is before the Board, special arrangements are made. When the Board considered the County's first. zoning ordinance, we met in a school auditorium for a special meeting devoted only to this topic. County of Chesterfield In accordance with ~ 7 of the Rules of Procedures, the conduct of public hearings is controlled by the Chairman. Ifthe public hearing has many speakers, the Chairman will generally allot a total time limit based on the size of that meeting's agenda. Citizens who represent a group are not allowed to speak longer than time allotted for individual 6 speakers. In zoning public hearings, the pro side always speaks first followed by the con side with one chance for a short rebuttal from the pro side. Generally everyone who wishes to speak at a public hearing is asked to line up along the wall to speed the process and the Chairman then determines how much time should be allotted for each speaker. The clerk keeps time for each speaker and notifies the Chairman when any individual speaker exceed,s his time limit. 7 County of Culpeper In Culpeper County, all matters requiring' a public hearing are scheduled for the second meeting of the Board, which begins at 7:00 p.m. For most matters, there are no formal rules established for the public hearing. However, the Chairman does maintain , order by requiI;ing citizens to speak from the podium and state their name and district. The Chairman' will also use the gavel to quiet any citizen who becomes unruly or interrupts another speaker. In those public hearings where a great number of citizens appear to speak, the Board requires a sign-up list. Speakers are called in the order that their names appear on the list. Generally, each speaker is limited to two minutes. Representatives ofgroups are not allowed a greater amount oftime, but generally the chairman does not object if they exceed the two minute limit by a reasonable period. Culpeper County does riot have any requirement with regard to the order of presentations in its public hearings. However, before the public hearing is opened, a staff presentation is made, followed by a presentation by the applicant. At that time, the hearing is opened for public comment. When public comment is concluded, the Board of Supervisors then asks questions and makes. comments prior to voting on any motions made by the Board. It has been the practice in Culpeper County that if the number. of speakers exceeds the time generally allotted, the Board will continlle into the early morning hpurs until the hearing is concluded. Fairfax County The following are the time rules: Person speaking for himself or for his immediate neighborhood--three(3) minutes. Person speaking for an organization whose membership is representative of an entire district-:--five (5) minutes. Person speaking for an organization whose membership is representative of an entire district--five (5) minutes. Person speaking for an organization whose membership is representative of the affected population of the entire County--ten (10) minutes. The pro does not speak before the con and, in all but rare circumstances, the hearings continue until all have spoken. Recesses are highly unusual. 8 Fauquier County The Board of Supervisors has adopted a public hearing protocol outlining how public hearings will be conducted. The protocol is read at each meeting before the opening of the public hearings. The protocol limits individual citizen comment to three minutes and strysses that public hearings are not question and answer periods. . A timer is used to inform speakers when their allotted time is up. Except as hereafter noted citizens representing groups are not given additional time to impart the groups thoughts to the Board. Although not stated within the protocol, applicants are generally given additional time to make their presentation. Procedurally, the Chairman asks those representing the . applicant to speak first,. followed by those in favor of the applicant and finally those opposing the application. In some instances the applicant has been given additional time attheend of the hearing in which to respond to issues raised. during the hearing. At present the board does not generally allot a set time for its meetings. It has been the unwritten policy of the board to extend its meetings until all citizens hav:e had the opportunity to be heard and the hearing closed. Inthe nine years that I have been with the County Attorney's office I am unaware ofariy meeting which was recessed and the hearing reconvened at a later date and time certain. This, however, would appear in my view to be the most appropriate method dealing with an extended hearing if required. Hanover County The Rules provide that no public hearing may last for more than 2 hours, although this time may be extended by a majority vote of the BOCS. The time for zoing cases, which does not include the staff presentation, is limited to one hour, but it also may be extended. On zoning cases, the time is divided equally between proponents and opponeq.ts of the zoning map change being considered. The applicants may use. as much of the 30 minutes reserved for proponents .as they desire. Also, inzoningcases, both proponents and opponents may reserve 3 minutes for rebuttal. In all public hearings, individual speakers are allowed up to 5 minutes, and a representative of a civic organization or some other organizaed group may speak for up to 15 minutes. However, for large public hearings, defined by the Rules to be those at which there are more than 100 persons present, these times are reducedto.3 minutes and 10 minutes respectively. If the maximum time allowable for the public hearing has exhausted before all of those who have signed up to speak have had the opportunity, the Chairman may, nevertheless, close the public hearing or the Board may vote to extend the public hearing. County of Henrico The Board does not have any rules for conducting public hearings. There are.no time limitations for citizens who speak. Citizens are allowed to speak longer if they represent a group and are speaking in lieu of several other speakers. As a matter of 9 practice, the proponents speak first, then the opponents, then the proponents are. allowed to rebut. Although there are no time limits for presentations, the chairman sometimes will admonish citizens nofto.be repetitive in their remarks and will encourage them to get to the point if their presentation is too long. Wehave not had a problem with the number of speakers exceeding the time generally allotted for the meeting. 10 King William County The chairmanaimounces that the public hearing will be conducted, he then asks that the people speaking on behalf of the project to speak. After they are finished he will . ask people who are against the project to speak. An individual can speak for 3 minutes and a person r~presenting a group can speak for 5 minutes. Again this rule liberally construed unless it is a large group. Also it is not a hard and fast rule in our jurisdiction that pro speaks before the con side, it just depends on how the. chairman feels at that particular evening. Loudoun County Attached is a copy of the Board's written rules regarding the conduct of public . hearings. The Board hears speakers in the order in which they signup with the Clerk, regardless of their position on the matters. We have no staridrad procedure when the hearing runs over the time allotted. For the County's annual budget hearing, we typically plan and advertise the eharing for more than one date. With land use matters that draw unusually large crowds, we have on occasion recessed the meetings to. another evening. In those cases, the Chairman typically announces that the board will hear anyone who has come out and wants to speak that night, but that at the end of the evening the hearing will be recessed to a time certain to receive additional public comment.. . Nelson County We do not have any rules. We generally allow everyone who wants to speak as long as they wish. City of Portsmouth . See attached page from rules of City Council. County of Roanoke See attached. Spotsylvania County Please see Section 5-3 of the BOCS By-laws. County of Stafford The applicant speaks first and is allotted 10 minutes for his presentation. Citizens are then allowed to give their comments. The same 3- and a5.;rninute rule as above applies during the public hearing. After the public has spoken, applicant is allotted 5 minutes for 11 rebuttal. There is no order in which the citizens speak (no pro/con). The Board meeting generally will continu~ J.mtilcitizens have a chance to speak. , City of Virginia Beach I have attached the applicable City Code Section which responds to this question. Citizens are generally allotted five minutes to speak, and atCouncil's discretion, can be allotted additional time. While there is no rule established, generally speakers for application or proposal are permitted to speak first, with those against speak thereafter. However, in a general public hearing on an issue, there may be a mix of pro arid con speakers. As we do not allocate a fixed time for the board meeting, we do not encounter the problem with the number of speakers exceeding the time generally allocated. York County Suggest 5 minutes. Yes. Applicant has opportunity to speak first & last if questions raised by con speakers. Has not been a problem. Always finished before 12:00 p.m. 3. DO YOU HAVE ANY OFFICIAL OR UNOFFICIAL POLICY FOR DEALIN.G WITH PERSONS WHO CREATE A DISRUPTION AT THE MEETINGS OF YOUR GOVERNING BODY? Albemarle County Traditionally, the Chairperson has wielded a strong gavel and there has been no. history ofa problem with disruptions. VA Code Section 18.2-415 (B) provides a procedure to handle a distur~ance and details the criminal punishment appropriate for such acts. Arlington County While there is no official policy for dealing with such persons, any behavior which appears threatening either to Board members, staff or other citizens can be immediately reported to the Police. "Panic" buttons are located in the County Board room, to provide direct contact by the clerk and other staff with the police department. In instances where advance information leads staff to believe that disruptive activities may be planned for a . board meeting or that disruptive individuals will be present at a meeting staff may provide advance notification to the police department and request that non-uniformed officers be present during the meeting. ~ 12 Bedford County We really have no policy in this regard. While we. have requested deputies to appear at several meetings when we suspected a disruption, in 15 years no one has been asked to leave a meeting. Parenthetically, I have noticed over the years that sometimes matters which ~ppear to be routine surprisingly generate a public outcry. County of Chesterfield Generally a disruptive speaker is gaveled down by the Chairman. If that doesn't work, he is then removed by the Sergeant at Arms who is a deputy sheriff. Signs are not permitted in the Board of Supervisors rooms on the theory that they violate the fire prevention code, although I'm not sure that is true. Demonstrations and picket lines are confined by the police to public access areas outside the Board of Supervisors room and the police insure that no doors are blocked by any. demonstration. Generally these rules have been successful in controlling disruptive citizens assuming that you have a forceful and effective Chairman. County of Culpeper Culpeper County has no official policy for dealing with persons who are disruptive. The unofficial policy is for the Chairman to use the gavel and verbal instructions to quiet disruptive citizens. I have found that this method is most effective if the Chairman acts promptly before the disruption proceeds very far. Fairfax County Board Rule 5.5.2 deals with speaker conduct: Decorum of Other Persons--shall be maintained by the Chair, who may request such assistance as to him appears necessary. Persons addressing the Board shall limit their remarks to those relevant to the pending items, and to answering questions. They shall address the Board as a whole, unless answering an individual member's questions. The presiding officer shall call the speaker to order; if out-of-order remarks, or other indecorous conduct, persist, the presiding officer shall order the speaker from the lectern. Fauquier County While the Board has no official or unofficial polICY for dealing with persons who create a disruption at meetings this office has previously researched the issue and has given the Board is considered advice as to a procedure for dealing With disruptions at its meetings. Attached to Questionnaire is a copy of a memorandum addressing the particular issue upon which you seek advice. ~ 13 Hanover County A uniformed. deputy sheriffis present at each meeting of the BOCS, and the Rules rpovide that "[t]he Chairman shall order the removal'ofany person whose behavior is so unruly or disruptive as to present the order ly conduct of the meeting." County of Henrico No. Wehave had rare occasions involving disruptive speakers, at which time they have been asked to politely address the Board or be subject to removal by the Sheriff . King William County We have no official policy, we generally have a deputy and/or the sheriff present at all board meetings. However, since 1987 we have never had an occasion to ask the sheriff to remove anyone from a meeting. Loudoun County No. On occasion, we have asked a sheriff's deputy to attend sessions which are expected to be particularly emotional or volatile. Nelson County No. County. of Roanoke No. We have only had.2 problems in 10 years. Ifa problem is anticipated we request a uniformed officer to attend meeting. This presence has deterred problems. Spotsylvania County A sheriff's deputy attends BOCS meetings. If someone actually was preventing the BOS from conducting its business, the person would be asked to cease; asked to leave; arrested (in that order). County of Stafford The By-Laws provide that the Chairman maintains order and decorum. If the Chairman deems it necessary, the assistance of the Sheriff's Department will be requested. City of Portsmouth , ~ 14 We operate by ordinance under Robert's Rules of Order with a Police Sgt. as Sgt. at Arms if a speaker i~ ~eclared out of order and does not respond appropriately the speaker can be removed from the meeting. City of Virginia Beach I . . I have attached the appropriate City Code Sections which cover this. Generally, the Mayor, as the presiding officer, has the right to declare someone out of order for either disrupting the meeting or. speaking on matters which are not germane to the agenda item before Council. If declared out of order and the disrupting party is unwilling to retire from the podium (all of our meetings are broadcast on local television), a police officer in attendance may be summoned to remove the disrupting party from the chamber. To our knowledge, this has never been necessary. York County If we have prior knowledge such a person will appear before Board; we have a police officer present. So far has not been a problem. Speakers have deferred to the chairman's gavel. 4. MISCELLANEOUS THOUGHTS. Arlington County Work sessions are open to the public but citizens are restricted from speaking during such meetings. Bedford County . Each chairman conducts meetings differently. The atmosphere ranges from casual and "down-home" to rigid formality. We have citizens who wax philosophically and one who began reading the Declaration ofIndependence. Normally a chairman can recognize a speaker who has another agenda and advises that speaker to stick to the topic. On the other hand, inexperienced or uneducated speakers are treated gently and given great latitude. County of Culpeper Personally, I dislike the citizen's forum because more frequently than not, it is used as a means of ambushing one's neighbor or opponent without notice to that neighbor or opponent. However, the members of the Board of Supervisors feel that it serves a useful function. Therefore, as County Attorney I merely caution the Board to refrain from taking any action that might impact the rights of another party who did not have notice that the issue would be raised during the citizen's forum. .' 15 Fairfax County Fortunately, we have had no bad experiences to date. But I think i~ is just a matter of time. Ifl had my way, given the times, I would like to see hidden metal detectors. These are especially needed in view of the fact that we no longer have armed, sworn police officers ~m the premises. Rather, we now must rely on our u~armed private guards. Fauquier County The Board's adopted public hearing protocol appears to have worked quite well in keeping the hearings focused and on time. In almost all cases citizens have been cooperative and well-behaved and the issue of the disruptive citizen has not been a major problem during Board meetings. . Hanover County. I believe that it is important to provide in the Rules that Citizen's Time and public hearings are for the purpose of providing an opportunity for citizens to present their comments and opinions to the Board and that these are not appropriate time to interrogate Board members (or staff member~) or otherwise to demand or expect a response to any specific concerns. By having such a provision expressly stated in the Rules, the Chairman or Parlimentarian (i.e. County attorney) can prevent unseenily exhancges between citizens and Board or staff members. A copy of a portion of Hanover County's Rules regarding Citizen's Time is enclosed. County of Henrico While rules for Board meetings may be helpful, they may be suspended or not followed by the Board. The need for and complexity of rules may depend on the degree of citizen involvement and participation in Board meetings. In Henrico, an informal practice without set rules has worked well. The Board endeavors to treat people with patience and courtesy and to allow them as much time as they need for their presentations. King William County You may want to contact the county attorney for King and Queens, I understand. that their meetings recently have been quite disruptive and very long. City of Portsmouth Are you aware of the Chesapeake situation regarding non agenda speakers? Spotsylvania County The written rules in the by-laws have really helped deal with these situations. ,..'1- ~ 16 City of Virginia Beach - . We have wrestled from time to time whether or not there should bea "citizen time" at the beginning or end of Council meetings. Our general tendency has been not to include such time, feeling that any items scheduled for action on the Council agendais subject to anYimemberofthe.public speaking on the issue for up to five minutes. Also, . this is in consideration of the fact that public hearings are scheduled as required by law or on issues that Council wishes to generally solicit comments. Many of our sister cities permit this citizen time on a portion of their agenda, and we have considered several issues In reaching our determination not to include such'citizen time. Such considerations include: the right of the Council to control its agenda; the expediency of conducting its business in an efficient manner; and, the ability of a Council member to sponsor citizens if he or she so desires. York County York County has a policy under which a citizen may only speak to an issue not on the agenda twice in a year's time. Tried to get our Board to do something similar - they wouldn't. The same guy appears before us to talk about Lymes disease. SEP/cblW:QuesResp CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk July 8, 2008 SHEILA N. HARTMAN, CMC . Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38151-070708 amending and reordaining Section 12-16, AdoPtion of VirQinia Statewide Fire Prevention Code, and Section 12-18, Amendments, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, effective July 7, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 2008, and is in full force and effect on July 7, 2008. Sincerely, ~'tn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham July 8, 2008 Page 2 pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager of Operations Sherman M. Stovall, Director of Management and Budget H. David Hoback, Fire-EMS Chief Sheila N. Hartman, CMC, Deputy City Clerk Cecelia R. Tyree, Assistant Deputy City Clerk l~____)\' ~ 7.;1,/\0 \J\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th ~ay of July, 2008. No. 38151-070708. AN ORDINANCE amending and reordaining Section 12-16, Adoption of Virginia Statewide Fire Prevention Code, and Section 12-18, Amendments, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 12-16, Adoption of Virginia Statewide Fire Prevention Code, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: Section. 12-16. Adoption of Virginia Statewide Fire Prevention Code. Pursuant to the provisions of section 27-97 of the Code of Virginia (1950), as amended, the city hereby adopts and incorporates by reference as if fully set forth herein the Virginia Statewide Fire Prevention Code (200G6 edition), as amended (hereinafter referred to in this chapter as the "Statewide Fire Prevention Code"), as the same has been promulgated by the State Board of Housing and Community Development. The Statewide Fire Prevention Code, as adopted by the city, and regulations promulgated in connection therewith, shall be known as the "City Fire Prevention Code". 2. Section 12-18, Amendments, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: Section 12-18. Amendments. The Statewide Fire Prevention Code adopted by the city IS hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section numbers appearing in this section refer to such numbers as they appear in the Virginia Statewide Fire Prevention Code adopted by the city. Section F-I05.1.4 is added to read as follows: F-1 05.1.4 Fire Official. The fire official shall be the fire marshal of the fire prevention division, or the fire official's assistants. Section F 106.3.2 is added to read as follo':;s: F 106.3.2 Imlestigation of fires. The fire official shall investigate, or cause to be investigated, every fire or explosion occurring \vithin the jurisdiction that is of a suspicious nature or v/hich involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the fire official shall immediately take charge of tho physical evidence; and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, the fire official shall take means to prevent access by any person to thc structure or premises until such evidence has been properly processed. The fire official shall notify those persons designated by law to pursue investigations into such matters and shall further cooperate with the authorities in the collection of evidence '-- and prosecution of the case and shall pursue the im'6stigation to its conclusion. Section F-I06.3.J2 is added to read as follows: F-106.3.J2 Fire records. The fire official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby. Section F-503 A.l is added to read as follows: F-503.4.1 Presumption in prosecution. In any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation ofthis section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Section F-503A.2 is added to read as follows: F-503.4.2 Impoundment of vehicle. Any vehicle parked in violation of this section may be impounded by, or at the request of, the police or fire department and held until the penalty provided and the towing and storage charges incurred are paid. Section F-503A.3 is added to read as follows: F-503.4.3 Enforcement This section shall be ~nforced by the fire official and the Roanoke City Police Department. Section F-503A.4 is added to read as follows: O-Amending Article II-Fire code.doc 3 J<:-503.4.4 Penalty for violation of section F503.4. Any person or firm in violation of the provisions of section F503.4 of the Virginia Statewide Fire Prevention Code adopted by the city shall be guilty of a traffic infraction, as provided in section 20-74 of this Code, and shall be subject to the penalties set out in section 20-89 of this Code. Section F 1003.2.2.11 is added to read as follo\vs: F 1003.2.2.11 Maximum occupant load. It shall be unla':,rful for lil)' person to permit oyercrowding or admittance of any person beyond the approved occupant load. The fire code official, upon finding o'v'ercro',':ded conditions or obstructions in aisles, passageways, or other melilS of egress, or lupon finding any condition ',vhich constitutes a huzard to life and safety, shall cause the occupancy, perfonnance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected and the addition of any further occupants prohibited lIDtil the approved of cup ant load is reestablished. 3. This ordinance shall be effective on July 7,2008. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ie I , I " ' ~h1 ."CilyClerk . , . ~ ~ O-Amending Article II-Fire code.doc 4 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva.gov July 7, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Fire Code Update Ordinance Background: The Virginia Department of Housing and Community Development adopted the 2006 edition of the Virginia Statewide Fire Prevention Code (SFPC) effective May 1, 2008. This Code establishes minimum regulations governing fire safety. The provisions of the SFPC are based on the nationally recognized model fire code published by the International Code Council, Inc. There are also administrative provisions incorporated by the Commonwealth of Virginia that clarify the source of authority for enforcement of the Code by local fire code officials and other code enforcement agencies. Considerations: City Council action is needed to amend the Code of the City of Roanoke as described above to reflect the updates adopted by the Commonwealth of Virginia so that fire codes enforced at the local level will be consistent with those changes. In addition, City Council action is needed to delete two subsections no longer needed. Honorable Mayor and Members of City Council July 7, 2008 Page 2 Recommended Action: Adopt an ordinance amending Section 12-16, to incorporate the 2006 edition of the Virginia Statewide Fire Prevention Code into the City Code, and Section 12-18., to delete two subsections that are no longer necessary. Respectfully submitted, Darlene L. Bur City Manager DLB:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Fire-EMS Chief CM08-00097 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 8, 2008 Darlene L. Burcham City Manager Roanoke, Virginia De(!r Ms. Burcham: I am attaching copy of Ordinance No. 38152-070708 amending Section 20-76, Parking spaces reserved for persons with disabilities, Division 1, General. and Section 20-89, Penalties for unlawful parkina, Division 3, Dutieso of Police Officers: Penalties for Unlawful Parkina, Article IV, Stoppina, Standing. and Parkina. of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended in order to allow for a lesser fine for failure to display a placard authorizing a vehicle to park in a space reserved for persons with disabilities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 2008, and is in full force and effect upon its passage. Sincerely, ~rn.~ow Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham July 8, 2008 Page 2 pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget Sheila N. Hartman, CMC, Deputy City Clerk Cecelia R. Tyree, Assistant Deputy City Clerk \ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 2008. No. 38152-070708. AN ORDINANCE amending Section 20-76, Parking spaces reserved for persons with disabilities, Division 1, General, and Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers; Penalties for Unlawful Parking, Article IV, Stopping. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, Code. of the City of Roanoke (1979), as I amended in order to allow for a lesser fine for failure to display a placard authorizing a vehicle to park in a space reserved for persons with disabilities; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-76, Parking spaces reserved for persons with disabilities, , Division 1, General, and Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers. Penalties for Unlawful Parking, Article IV, Stopping. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic to read and provide as follows: Sec. 20-76. Parking spaces reserved for persons with disabilities. (a) No person shall park or leave standing any motor vehicle not displaying a disabled parking license plate, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under section 46.2-731, Code of Virginia (1950), as amended ("State Code"), or DV disabled parking license plates issued under subsection B of section 46.2-739 of the State Code, in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. A summons or parking ticket for any offense under this section may be issued to enforce parking regulations by any law enforcement officer without the necessity of a warrant being obtained by the owner of any private parking area. 1 L\A TTORNEY\D~ TA \CL TS 1 \Measures\Code Amendment Amending Section 20-76 and Section 20-89 for failure to display placard.doc (b) Organizational removable windshield placards, permanent removable windshield placards and temporary removable windshield placards shall be displayed in such a manner that they may be viewed from the front and rear of the vehicle and be hanging from the rear view mirror of a vehicle utilizing a parking space reserved for persons with disabilities that limit or impair their ability to walk. When there is no rear view mirror, the placard shall be displayed on the vehicle's dashboard. No placard shall be displayed from the rear view mirror while a vehicle is in motion. (c) A disabled person, vehicle owner or volunteer for an institution or organization to which disabled parking license permits, organizational removable windshield placards, permanent windshield placards or temporary windshield placards are issued or any person to whom disabled parking license plates have been issued under section 46.2-739, Code of Virginia (1950), as amended, shall be allowed to park the vehicle on which such license plates or placards are displayed for up to four (4) hours in parking zones restricted as to length of parking time permitted. This subsection shall not apply to any provision of this chapter which creates parking zones for special types of vehicles nor shall it apply to any provision of this chapter which prohibits parking during heavy traffic periods, during specified rush hours or where parking would clearly present a traffic hazard. (d) Disabled parking license plates, permanent removable windshield placards, temporary removable windshield placards and DV disabled parking license plates issued by other states and countries for the purpose of identifying vehicles permitted to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk shall be accorded all rights and privileges accorded to vehicles displaying such devices in Virginia. (e) If there is a placard within a vehicle utilizing a parking space reserved for persons with disabilities, but that placard is not displayed as required by this section, such vehicle owner shall be subject to a fine as set forth in section 20-89 of this chapter. (ef) The penalty for the parking violation established by this section shall be as set forth in section 20-89 of this chapter. Sec. 20-89. Penalties for unlawful parking. *** (g) Every person tried and convicted of a violation of section 20-69(i) or section 20-76, except section 20-76(e) shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), which fine 2 L:\A ITORNEY\DA T A \CL TS I \Measures\Code Amendment Amending Section 20-76 and Section 20-89 for failure to display placard.doc shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. (h) Every person tried and convicted of a violation of section 20-76(e) shall be fined twenty-five dollars ($25.00), which shall be paid upon conviction. (hi) In any prosecution charging a violation of any section of this article or any ordinance of the city governing the standing or parking of a vehicle, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of such section or ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required by section 46.2-600 et seq., Code of Virginia, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. (ij) As set forth in section 2-178.4 of the Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. 2. Pursuant to Section 12 ofthe City Charter, the second readingofthis ordinance by title is hereby dispensed with. ATTEST: .' ~m. '?'~ . City Clerk. 3 L:\A TTORNEY\DA TA \CLTS I \Measures\Code Amendment Amending Section 20-76 and Section 20-89 for failure to display placard.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July?, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anitaj. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment of City Code, Parking Spaces Reserved For Persons with Disabilities Background: Police officers routinely inspect vehicles parked in spaces reserved for persons with disabilities for the required Department of Motor Vehicles issued disabled parking placard. Many times the placard is observed in the vehicle but displayed improperly so that the expiration date is not visible. This causes officers to issue tickets for parking in a space reserved for disabled persons. These citations carry the code established $125.00 fine and many times are issued to persons who lawfully can park in the designated spaces. As part of the City's annual package of legislative requests, a request was made for an amendment to the Code of Virginia that authorizes a locality to adopt a fine for failing to properly display a disabled parking placard. This request was adopted by the General Assembly and signed into law by the Governor with an effective date of July 1, 2008. Based on the authority granted by the General Assembly, a proposed amendment to the City Code will establish a $25.00 fine for failing to properly display the disabled parking placard. This increase in enforcement options will allow the police department to serve more fairly our disabled motorists. The authority of the City to act in the regulation of disabled parking spaces is controlled by Section 46.2-1242, Code of Virginia. Honorable Mayor and Members of City Council July 7, 2008 Page 2 Recommended Action: As permitted in Section 46.2-1242, Code of Virginia, adopt an ordinance amending and re-ordaining the Code of the City of Roanoke (1979), as amended, by amending City Code Sections 20-76, Parking spaces reserved for persons with disabilities, Division 1, General, and 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers, Penalties for Unlawful Parking, Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic. Respectfully submitted, Darlene L. Burc City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police CM08-00 106 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke. Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance July 7, 2008 ,Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: ,Subject: May Financial Report Relative to the overall economy, recent information indicates that economic activity remains weak. The tightening of credit conditions, declining consumer spending, and the deepening of the housing contraction continue to impact the economy. Higher energy and food costs continue to affect consumer spending. The Conference Board's index; of consumer confidence fell from 62.8 to 58.1 in May. This is the fifth consecutive monthly decline. The fiscal stimulus package that the federal government is issuing from May through July is expected to boost consumer spending, however, previous fiscal stimulus programs have proven that the increase occurs over one or two quarters. Therefore, we may not see the effect until the first or second quarter of fiscal year 2009. Unemployment rates as of April were at 3.3%, 3.3% and 4.8%, respectively, for Roanoke, the Commonwealth, and the nation. . All ten Virginia metropolitan areas experienced lower unemployment rates in April 2008 than in March 2008. This is due in part to seasonal construction workers resuming work and college graduates beginning work, as well as the end of a sizable strike in the vehicle industry. On a positive note, the overall economic growth for the first calendar quarter was revised up to 0.9% from 0.6% growth. Honorable Mayor and Members of Council July 7, 2008 Page 2 At the State level, according to the Secretary of Finance's monthly financial report, revenues declined 13.8% in May 2008 compared to May 2007. On a fiscal year-to-date basis, revenues have grown 1.8%, ahead of the revised annual forecast. The Commonwealth revised general fund revenue estimates downward to 1.2% growth for fiscal year 2008, compared to the original . estimated growth of 3.3%. Individual income taxes grew 4.0% on a fiscal-year-to date basis, slightly ahead of the revised projected annual growth rate of 3.9%. Sales and Use tax collections increased 1.0% on a year-to-date basis, behind the forecasted growth of 1.6% and is projected to fall short of the annual estimate due to the impact of the housing depression on the economy. Corporate Income taxes fell 12.3% due to lower corporate profits. This decline is less than the expected decline of 20.5%. Wills, suits, deeds, and contracts, mainly recordation tax collections, fell 21.5% due to the housing market contraction. The City's monthly financial report through May follows, with discussion of revenue and expenditure trends. The most recent major tax due date was May 31 for Personal Property tax, and collections are progressing favorably compared to the prior year. The following narrative provides commentary on notable variances in revenues and expenditures for the first eleven months of fiscal year 2008. Revenues Revenues through May increased 5.4% compared to the prior fiscal year. A significant delinquent tax billing occurred in the prior fiscal year. Adjusted for this, revenues grew 6.0% through the first eleven months of the fiscal year, attributable mostly to General Property taxes and social services revenues from Grants-tn-Aid Commonwealth. Most revenues, with the exception of Sales tax, are growing as anticipated. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 5.1 % as presented in the accompanying financial statement. Adjusted for the large fiscal year 2007 Machinery and Tools tax delinquent billing, revenues in this category increased 6.3%, primarily as a result of growth in real property reassessments and new construction. The Real Estate tax was expected to grow by approximately 6.7% as a whole in fiscal year 2008, and actual growth is 7.5% for the first eleven months of the fiscal year. Growth in the current year exceeds expectation as a result of larger supplemental billings related to new construction. Offsetting this increase is a decline in Personal Property tax Honorable Mayor and Members of Council July 7, 2008 Page 3 revenue through May compared to last year when the state tax relief on older years' taxes was phased out. When this occurred, taxpayers were balance billed their share of delinquent taxes previously covered through tax relief. This was a one-time item affecting the prior year, and it has an offsetting increase in the Grants-in-Aid Commonwealth category. The Personal Property Tax was due May 31 and collections of the tax are doing well. Collections of the 2008 levy through June 2008 have increased 6.9% over 2007 levy collections for the same period. Other Local Taxes increased 1.9% in the current fiscal year. This growth is somewhat low for this important category, but it is impacted by the change in timing of collection of the telecommunications taxes following the revisions to the taxation structure which took effect last year. Cigarette tax revenue is much higher in fiscal year 2008 than in fiscal year 2007 when consumer reaction to the doubling of the rate from 27 cents to 54 cents negatively impacted the performance of the tax. The Telecommunications tax, which went into effect January 1, 2007, is performing very well. We are forecasting this tax to exceed the estimate by approximately 10% at the end of the fiscal year. Also contributing to the growth in this category are increases in Transient Occupancy, Prepared Food and Beverage, and Business License taxes, of 6.0%, 4.5% and 2.0% respectively. Conversely, Sales tax revenues are down 2.7% due to a decline in consumer spending. Motor Vehicle License tax is also down from May 2007 due to the timing of payments received. This tax was due May 31 and the majority of collections were received from late April through the end of May in prior years. Payments of this tax were slower in April and May for the current fiscal year due to the change in decal policy. However, collections have more than doubled in June 2008 versus June 2007. Permits, Fees and Licenses increased 30.7% from fiscal year 2007 due to an increase in building inspection permit fees, most notably due to the William Fleming' High School and Carilion Biomedical Center projects. Revenue from the Use of Money and Property decreased 37.1% in the General Fund compared to the prior year as a result of a change in the interest allocation method which negatively impacted the current year. Grants in Aid Commonwealth are negatively impacted by State budget reductions announced earlier this fiscal year. The fiscal year 2008 impact to the City is approximately $362,000, mainly as a result of a decrease in funding through HB 599. Through May, revenues grew 13.6% compared to those of the prior year in part due to the increase in Social Services Honorable Mayor and Members of Council July 7, 2008 Page 4 expenditures, most notably Foster Care, which are reimbursable by the Commonwealth. Also contributing to the variance is the reduction in the prior year revenue from the Commonwealth which occurred when tax relief expired on older year taxes and these amounts were balanced billed to local taxpayers. As mentioned previously, this has an offsetting decrease in the local tax category. Miscellaneous Revenue increased 17.4% in the current fiscal year due in part to the revenues from the Building New Partnerships Conference held this September. In fiscal year 2007, collections were not received until the end of the fiscal year. Other areas contributing to the increase in this category over the prior fiscal year include MLK Event Gala revenues, Art Festival revenues, and additional collections from Solid Waste for recycling. Expenditures General Fund obligations as a whole increased 4.3%. The fiscal year 2008 expenditure budget includes funding of approximately $ 743,000 to cover contracts and purchase orders made during fiscal year 2007 but not paid by the end of that year. City Council approved re- appropriation of this funding when adopting the General Fund budget in May 2007. Additionally, General Fund expenditures of all departments are affected by a 4% pay raise effective July 1, 2007. Other than these items which affect most categories of expenditures, variances between fiscal year 2007 and fiscal year 2008 are addressed as follows: Health and Welfare grew 15.7% due to increased foster care, adoption, and daycare expenditures as a result of a higher rate of child placement. Also, payments for foster care and adoptions are based on the needs of the child and are higher when special medical care is required. The Commonwealth approved a 13% rate increase for foster family homes and adoption subsidy effective July 1, 2007 compared to a 4% increase in the prior year. In addition, the City has incurred a 27% increase in the number of children in foster care over the past two years. Nondepartmental expenditures decreased 21.2% due to a decline in the appropriation of funds from undesignated fund balance to the Market Building, Civic Facilities, Department of Technology, and Fleet Management funds. These transfers fluctuate from year to year based on the needs of each fund and availability of fund balance. Honorable Mayor and Members of Council July 7, 2008 Page 5 Sincerely, I(ftJS(4-~ Ann H. Shawver Director of Finance Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $ 96,801,000 99.0% 74,210,000 81.8% 1,224,000 112.2% 1,367,000 111.0% 872,000 115.0% 72,197,052 68.6% 38,000 0.0% 8,481,000 90.5% 2,939,151 92.0% 731,000 88.7% $ 258,860,203 85.3% Revenue Source General Property Taxes $ Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total $ July 1 - May 31 July 1 - May 31 . Percentage 2006-2007 2007 -2008 of Change 91,169,799 $ 95,807,163 5.1 % 59,557,861 60,666,711 1.9 % 1,050,551 1,372,856 30.7 % 1,512,949 1,516,766 0.3 % 1,594,469 1,002,390 -37,1 % 43,572,050 49,519,576 13.6 % 19,385 0.0 % 8,004,144 7,677,597 -4.1 % 2,501,237 2,703,730 8.1 % 552,453 648,712 17.4 % 209,534,898 $ 220,915,501 5.4 % STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 . May 31 July 1 . May 31 Percentage Unencumbered Revised Budget Expenditures 2006-2007 2007-2008 of Change Balance Appropriations Obligated General Government $ 11,475,195 $ 12,217,911 6,5 % $ 1,377,098 $ 13,595,009 89.9% Judicial Administration 6,961,467 7,188,254 3.3 % 914,791 8,103,045 88.7% Public Safety 56,119,759 58,081,547 3.5 % 4,189,168 62,270,715 93.3% Public Works 22,022,263 22,461,370 2.0 % 3,835,502 26,296,872 85.4% Health and Welfare 32,063,371 37,084,882 15.7 % 5,719,411 42,804,293 86.6% Parks, Recreation and Cultural 9,764,600 10,110,957 3.5 % 1,529,112 11,640,069 86.9% Community Development 5,599,493 5,919,432 5,7 % 471,801 6,391,233 92.6% Transfer to Debt Service Fund 19,017,753 18,826,321 -1,0 % 224,741 19,051,062 98.8% Transfer to School Fund 54,856,102 57,364,157 4.6 % 5,115,553 62,479,710 91.8% Nondepartmental 7,665,443 6,043,058 -21.2 % 3,126,167 9,169,225 65,9% Total $ 225,545,446 $ 235,297,889 4.3 % $ 26,503,344 $ 261,801,233 89.9% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE ELEVEN MONTHS ENDED MAY 31,2008 FY 2008 FY 2007 Operating Revenues Rentals $ 803,109 $ 542,944 Event Expenses 230,522 195,569 Display Advertising 25,002 89,670 Admissions Tax 346,782 275,914 Electrical Fees 25,923 18,758 Novelty Fees 74,950 49,302 Facility Surcharge 254,180 201,222 Charge Card Fees 85,090 51,615 Commissions 69,543 40,303 Catering/Concessions 172,110 686,792 Other 535 425 Total Operating Revenues 2,087,746 2,152,514 Operating Expenses Personal Services 1,787,042 1,934,706 Operating Expenses 1,470,973 1,617,650 Depreciation 800,217 490,253 Total Operating Expenses 4,058,232 4,042,609 Operating Loss (1,970,486) (1,890,095) Nonoperating Revenues/{Expenses) Interest on Investments 19,794 30,056 Transfer from General Fund 1,037,496 1,553,994 Transfer to Debt Service Fund (61,869) (63,369) Interest and Fiscal Charges (592,820) (86,044) Miscellaneous 1 ,459 72,466 Net Nonoperating Revenues 404,060 1,507,103 Net Loss $ (1,566,426) $ (382,992) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE ELEVEN MONTHS ENDED MAY 31, 2008 FY 2008 FY 2007 Operating Revenues Market Garage $ 324,040 $ 355,482 Elmwood Park Garage 466,883 476,464 Center in the Square Garage 255,066 205,006 Church Avenue Garage 628,710 597,621 Tower Garage~ 502,948 455,115 Gainsboro Garage 113,506 81,286 Campbell Garage 206 Williamson Lot 82,630 78,123 Higher Ed Center Lot 65,761 47,248 Market Lot 15,229 28,433 Elmwood Lot 68,725 71,231 Warehouse Row Lot 27,159 25,412 West ChurchlYMCA Lots 24,081 24,081 Total Operating Revenues 2,574,944 2,445,502 Operating Expenses Operating Expenses 1,017,895 962,721 Depreciation 622,265 607,325 Total Operating Expenses 1,640,160 1,570,046 Operating Income 934,784 875,456 Nonoperating Revenues/(Expenses) Interest on Investments 61,516 126,599 Miscellaneous 43,997 Transfer from General Fund 102,523 33,881 Interest and Fiscal Charges (226,206) (256,242) Net Nonoperating Expenses (62,167) (51,765) Net Income $ 872,617 $ 823,691 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE ELEVEN MONTHS ENDED MAY 31, 2008 FY 2008 FY 2007 Operating Revenues Retail Space Rental $ 237,727 $ 245,377 Total Operating Revenues 237,727 245,377 Operating Expenses Operating Expenses 233,571 261,979 Depreciation 86,465 86,314 Total Operating Expenses 320,036 348,293 Operating Loss (82,309) (102,916) Nonoperating Revenues Interest on Investments 23,111 23,422 Transfer from Capital Projects Fund 148,917 274,300 Transfer from General Fund 18,070 17,500 Miscellaneous 1,668 Total Nonoperating Revenues 191,766 315,222 Net Income $ 109,457 $ 212,306 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31,2008 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED MAY 31,2008. BALANCE AT APR 30, 2008 CONSOLIDATED FUNDS $119,353,957.99 RECEIPTS $37,095,486.45 BALANCE AT DISBURSEMENTS MAY 31, 2008 $36,355,639.19 $120,093,805.25 BALANCE AT MAY 31,2007 $99,435,562,92 CERTIFICATE J HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING MAY 31,2008. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: LOCAL GOVERNMENT INVESTMENT POOL SUNTRUST INSTITUTIONAL MONEY MARKET U. S, AGENCIES VIRGINIA AIM PROGRAM (U. S, SECURITIES) VIRGINIA SNAP PROGRAM (U, S, SECURITIES) TOTAL $102,669.94 13,648,243.75 29,774,558.46 12,712,632.76 15,500,000.00 10,197,310.61 38,158,389.73 $120,093,805.25 JUNE 17, 2008 ~lh.~ 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE ELEVEN MONTHS ENDED MAY 31, 2008 FY 2008 FY 2007 Additions: Employer Contributions $ 10,776,722 $ 9,977,083 Investment Income, Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (11,656,537) 49,120,670 10,648,356 10,245,326 (1,008,181 ) 59,365,996 409,653 306,425 (1,417,834) 59,059,571 $ 9,358,888 $ 69,036,654 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 22,816,463 307,024 23,123,487 $ 21,499,672 325,437 21,825,109 Net Increase (Decrease) (13,764,599) 47,211,545 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance May 31 378,571,495 $ 364,806,896 334,232,043 $ 381,443,588 6 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MAY 31,2008 FY 2008 FY 2007 Assets Cash $ 986,277 $ 1,259,142 Investments, at Fair Value 365,916,901 382,174,797 Due from Other Funds 1,078 1,272 Total Assets $ 366,904,256 $ 383,435,211 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable $ 2,097,360 $ 1,991,166 457 Total Liabilities 2,097,360 1,991,623 Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date 378,571,495 (13,764,599) 334,232,043 47,211,545 Total Fund Balance 364,806,896 381,443,588 Total Liabilities and Fund Balance $ 366,904,256 $ 383,435,211 7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 , Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 8, 2008 CECELlA R. TYREE Assistant Deputy City Clerk David B. Carson, Chair Roanoke City School Board 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: I am enclosing copy of Resolution No. 38153-070708 authorizing the School Board to enter into temporary loan agreements with Wachovia Bank, National Association, for the purpose of issuance of one or more credit cards to the school division and a line of credit for overdraft protection. The abovereferenced measure was adopted by the COl!ncil of the City of Roanoke at a regular meeting held on Monday, July 7, 2008. Sincerely, ~~In.iY;fJhv Stephanie M. Moon, CMC City Clerk . SMM:ew Enclosure pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget J+-'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 2008. No. 38153-070708. A RESOLUTION authorizing the School Board to enter into temporary loan agreements with Wachovia Bank, National Association, for the purpose of issuance of one or more credit cards to the school division and a line of credit for overdraft protection. WHEREAS, the School Board has managed its own financial system separate and apart from the City of Roanoke since July 1, 2008; WHEREAS, as a consequence of managing its own [mancial system the School Board will need to maintain its own bank accounts; WHEREAS, a line of credit will be helpful to ensure that the School Board does not overdraft any of its accounts; and WHEREAS, the School Board intends to secure its own credit card accounts to most appropriately meet its purchasing needs; BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board is hereby authorized to enter into temporary loan agreements with Wachovia Bank, National Association, in accordance with Virginia Code ~22.1-11 0 for the purpose of securing one or more credit cards in the name of the School Board and to secure a line of credit for overdraft protection. Such temporary loan agreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. 2. The maximum total amount of the temporary loans that the School Board is authorized to secure is $10,500,000 (including $10,000,000 for a line of credit, and $500,000 for credit cards), which amount is less that the maximum amount allowed by Virginia Code ~ 22.1-110. ATTEST: ~7'ft1;MO\M. City dle~k.: .. ~ ',"'\ *,", r'\ CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance July 7, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Request for Temporary Loan Agreements If approved by City Council, as required by State law, a resolution will be presented at the regularly scheduled School Board meeting on July 8, 2008 for the Board to enter into temporary loan agreements with Wachovia Bank, National Association, for the purpose of issuance of one or more credit cards to the school division and a line of credit for overdraft protection. On July 1, 2008, the Roanoke City Public Schools (RCPS) implemented a new software system (AptaFund) to manage its financial, payroll, and human resources needs. The implementation of the AptaFund system requires certain changes in the procedures by which the Division's finances are managed. Of particular note is that RCPS has begun processing its own payroll and accounts payable. These changes require that the Division open several new bank accounts and put in place certain safeguards to assure liquidity in those accounts. Central to this effort is the creation of a $10 million overdraft facility with Wachovia Bank, National Association. This will serve the purpose of providing RCPS with short-term liquidity to address the variance in inflows and outflows that occur throughout the year. School cash balances tend to be lower in the summer months and replenish as the fiscal year unfolds. The agreement with Wachovia will be considered a short term promissory note and will not impact the City's long term debt in accordance with our debt policy. Additionally, RCPS will terminate its current use of purchasing cards through the City's program. In their place, a limited number of RCPS-specific credit cards will be issued. Total credit available under all cards issued will not exceed $ 500,000. Honorable Mayor and Members of Council July 7, 2008 Page 2 The arrangements being recommended have been developed through a collaborative effort of the RCPS Administration, the City Treasurer, and other City administrative offices. The City Treasurer will continue to serve as Treasurer of RCPS funds in accordance with State Code of Virginia. We respectfully recommend that you concur with this report of the School Administration and adopt the attached resolution authorizing the Board to enter into temporary loan agreements with Wachovia Bank, National Association. Sincerely, (fj SMVv~ Ann H. Shawver Director of Finance AHS:ca c: Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-15J.6 Telephone: (540) 853-2541 Fax; (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 8, 2008 Ms. Carolyn H. Glover 5975 'lakemont Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Glover: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were appointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of four years ending June 30, 2012. . Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Board of Trustees. Pension Plan\Carolyn Glover oath 6 30 2012.doc Ms. Carolyn H. Glover July 8, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the City of Roanoke Pension Plan, Board of Trustees. Sincerely, ~"".~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: David C. Key, Chair, City of Roanoke Pension Plan, Board of Trustees, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Joyce S. Johnson, Assistant to the Mayor Andrea F. Trent, Retirement Administrator ') K:\oath and leaving service\Board of Trustees, Pension Plan\Carolyn Glover oath 630 20l2.doc '- COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of ~he records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, CAROLYN H. GLOVER was appointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of four years ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this eighth day of July 2008. - 'n. >>t~ City Clerk K:\oath and leaving service\Board of Trustees, Pension Plan\Carolyn Glover oath 6 30 2012.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 15, 2008 B. Steven Lugar Deputy Police Chief Roanoke, Virginia Dear Deputy Police Chief Lugar: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were appointed as a City representative to the Regional Virginia Alcohol Safety Action Program Policy Board, for a term of three years ending June 30, 2011. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Regional Virginia Alcohol Safety Action Program Policy Board\B Steven Lugar oath June 30 2010.doc Deputy Police Chief B. Steven Lugar July 15, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative to the Regional Virginia Alcohol Safety Action Program Policy Board. Sincerely, ~ In, ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Kathryn Van Patten, Director of Court and Community Corrections, 1627 East Main Street, Salem, Virginia 24153 A. L. Gaskins, Chief of Police Joyce S. Johnson, Assistant to the Mayor '\ K:\oath and leaving service\Regional Virginia Alcohol Safety Action Program Policy Board\B Steven Lugar oath June 30 20 10.doc . /' COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July .2008, B. STEVEN LUGAR was appointed as a City representative to the Regional Virginia Alcohol Safety Action Program Policy Board for a term of three years ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this fifteenth day of July 2008. In~ City Clerk K:\oath and leaving service\Regional Virginia Alcohol Safety Action Program Policy Board\B Steven Lugar oath June 30 2010.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 E-mail; derk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 10, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were appointed asa City representative to the Roanoke Valley Juvenile Detention Center Commission, for a term of four years ending June 30, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Roanoke Valley Juvenile Detention Center commission\Ann H Shawver oath June 30 20 I 2,doc Ann H. Shawver July 10, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative to the Roanoke Valley Juvenile Detention Center Commission. Sincerely, w~~,'rY\()~ Stephanie M. Moon, CMC ,~,."~. City Clerk SMM:ew Attachment pc: Allen Hullette, Superintendent, Roanoke Valley Juvenile Detention Center, 498 Corner Spring Road, N. E., Roanoke, Virginia 24012 Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\Roanoke Valley Juvenile Detention Center commission\Ann H Shawver oath June 30 20l2.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk,' and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, ANN H. SHAWVER was appointed as a City representative to the Roanoke Valley Juvenile Detention Center Commission for a term of four years ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this tenth day of July 2008. /R1~}'n. ~ City Clerk \ K:\oath and leaving service\Roanoke Valley Juvenile Detention Center commission\Ann H Shawver oath June 30 20l2.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R, TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 10, 2008 R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Mr. Amyx: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, Council Member David B. Trinkle was appointed to the VML Transportation Policy Committee, and Ann H. Shawver, Director of Finance, was appointed to the VML Finance Policy Committee. Sincerely, ~rn. Y'f\o~ Stephanie M. Moon, CMC \. City Clerk SMM:ew Enclosure pc: The Honorable David B. Trinkle, Council Member Ann H. Shawver, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax; (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 9, 2008 Mr. Edwin L. Noell 2620 Baird Street, S. W. Roanoke, Virginia 24015 Dear Mr. Noell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the Board of Fire Appeals, for a term of four years ending June 30, 2012. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Board of Fire Appeals\Edwin L Noell oath June 30 20l2.doc Mr. Edwin L. Noell July 9, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Board of Fire Appeals. Sincerely, ~m,~~ ~"'" Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: John H. Johnson, Jr., 1710 Barnett Road, N. W., Roanoke, Virginia 24017 Daniel j. Rakes, Fire Marshal Joyce S. Johnson, Assistant to the Mayor Sheila N. Hartman, Secretary, Board of Fire Appeals -1 K:\oath and leaving service\Board of Fire Appeals\Edwin L Noell oath June 30 2012,doc COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, EDWIN l. NOELL was appointed as a member of the Board of Fire Appeals for a term of four years ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this ninth day of July 2008. ~.~ ity Clerk K:\oath and leaving service\Board of Fire AppeaIs\Edwin L Noell oath June 30 2012,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 E-mail; clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 10, 2008 Mr. Curtis E. Mills 3317 Kingsbury Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Mills: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., prior to serving in the capacity to -- which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Curtis E. Mills July 10, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Personnel and Employment Practices Commission. . Sincerely, Js!qJ.,-,~ ~. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Keli M. Greer, Secretary, Personnel and Employment Practices Commission Joyce S. Johnson, Assistant to the Mayor COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, CURTIS E. MillS was reappointed as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this tenth day of July 2008. ~M.Yv\ev City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANffi M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 10, 2008 Ms. Letitia A. Smith 3770 Laurel Ridge Road, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Letitia A. Smith July 10, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Personnel and Employmel7lt Practices Commission. Sincerely, ~hi. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Keli M. Greer, Secretary, Personnel and Employment Practices Commission Joyce S. Johnson, Assistant to the Mayor COMMONWEALTH OF VIRGINIA , ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, LETITIA A. SMITH was reappointed as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this tenth day of July 2008. ~ {yj, mffrN City Clerk \. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax: (540) 853-1145 E-mail; c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 8, 2008 Mr. Michael W. Hanks 455 Hidden (ountry Lane Hardy, Virginia 24101 Dear Mr. Hanks: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of two years ending June 30, 2010. Enclosed you wi.1I find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Munkipal Building, '215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Board of Trustees. Pension Plan \Michael Hanks oath 6 30 20 I O.doc Mr. Michael W. Hanks July 8, 2008 Page 2 On behalf of the Mayor and Members of City. Council, I would like to express appreciation for your willingness to continue your service as a member of the City of Roanoke Pension Plan, Board of Trustees. Sincerely, ~~~. ~t-JV Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: David C. Key, Chair, City of Roanoke Pension Plan, Board of Trustees, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Joyce S. Johnson, Assistant to the Mayor Andrea F. Trent, Retirement Administrator K:\oath and leaving service\Board of Trustees, Pension Plan\Michael Hanks oath 6 30 2010.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of . Roanoke and keeper of the records thereof, do hereby certify that at a regular Il)eeting of Council which was held on the seventh day of July 2008, MICHAEL W. HANKS was reappointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of two years ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this eighth day of July 2008. , ) 'tn. ~~ ! (nty Clerk K:\oath and leaving service\Board of Trustees, Pension Plan\Michael Hanks oath 6 30 2010.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A veuue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant City Clerk July 10, 2008 Mr. Douglas C. Jackson 2121 Windsor Avenue, S. W., #B Roanoke, Virginia 24015 Dear Mr. Jackson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Arts Commission\Douglas C. Jackson oath 6 30 II.doc Mr. Douglas C. Jackson July 10, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Roanoke Arts Commission. Sincerely, ~~m.~ Stephanie M. Moon, CMC City Clerk ' SMM:ew Enclosures pc: Kathleen W. Lunsford, Vice-Chair, Roanoke Arts Commission, 2305 Carter Road, S. W., Roanoke, Virginia 24015 Susan Jennings, Public Arts Coordinator, Economic Development Melissa Murray, Secretary, Roanoke Arts Commission Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving'service\Arts Comrnission\Douglas C. Jackson oath 630 ll.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, DOUGLAS C. JACKSON was reappointed as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 2011. I Given under my hand and the Seal of the City of Roanoke this tenth day of July 2008. ~~::n'~~ K:\oath and leaving service\Arts Commission\Douglas C. Jackson oath 6 30 II ,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant City Clerk July 10, 2008 Dr. Frank j. Eastburn 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Eastburn: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 7, 2008, you were reappointed as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Arts Commission\Frank J Eastburn oath 6 30 II.doc Dr. FrankJ. Eastburn July 10, 2008 Pag e 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Roanoke Arts Commission. Sincerely, ~hJ.~O>J Stephanie M. Moon, CMC ~, City Clerk SMM:ew Enclosures pc: Kathleen W. Lunsford, Vice-Chair, Roanoke Arts Commission, 2305 Carter Road, S. W., Roanoke, Virginia 24015 Susan Jennings, Public Arts Coordinator, Economic Development rylelissa Murray, Secretary, Roanoke Arts Commission Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\Arts Commission\Frank J Eastburn oath 6 30 II.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such 'City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventh day of July 2008, FRANK J. EASTBURN was reappointed as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this tenth day. of July 2008. #IJ~ tn. }y\O~ City Clerk \,. K:\oath and leaving service\Arts Commission\Frank J Eastburn oath 6 30 II.doc < ( .~ Staff Report: Additional Information Concerning Passenger Rail Potential in R V AMP 0 Area DRAFT June 2008 Roanoke Valley Area Metropolitan Planning Organization ... DRAFT Roanoke to \Vashington, DC Passenger Rail Study Page,l of28 .:. 4.' 'j > Roanoke to \1.1 ashington DC Passenger Service Table of Contents Chapter 1 - Background and Report Organization........... .............. ..... ........ ............... ..................3 Chapter 2 - Roanoke to Washington D.C. Passenger Rail Characteristics ..................................7 Chapter 3 - Business and Non-profit "Organizational Travel" Survey...................................... 13 Chapter 4 - Potential Station and Site Impacts........................................................................... 17 Chapter 5 - Recommendations and Next Steps....................................................................... ...21 Appendix A - Survey. ..... ..... ... .......... ...... ....... ....... ..... ....... .......... ..... .... .... ......... .............. .... .... ....25 This report l~as prepared by the Roanoke Valley-Alleghany Regional Commission (RVJI.RC), l-vhich is the lead staff agency for the Roanoke Valley Area Metropolitan Planning Organization (MPO) in cooperation with the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), Federal Transit Administration (FTA) , Virginia Department of Rail and Public Transportation (VDRPT), and the Virginia Department of Transportation (VDOT). The contents of this report reflect the views of the staff of the Roanoke Valley Metropolitan Planning Organization (MPO). The MPO staff is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the FHWA, FTA, VDRPT, VDOT, or RVARC. This report does not constitute a standard, specification, or regulation. FHWA, FTA, VDRPT, or VDOT acceptance of this report as evidence of fulfillment of the objectives of this planning study does not constitute endorsement/approval of the need for any recommended improvements nor does it constitute approval of their location and design or a commitment to fund any such improvements. Additional project level environmental impact assessments and/or studies of alternatives may be necessary. staff Contact: Mark McCaskill Sr. Transportation Planner Ph: (540)343-4417 mmccaskill@rvarc.org DRAFT Roanoke to Washington, DC Passenger Rail Study Page 2 of 28 Chapter 1 - Background and Report Organization Purpose The purpose of tIus report is to provide regionally relevant illfonl1ation to Roanoke VaHey Area Metropolitan Plaruung Orgatuzation (RV M1PO) local governments for infornlational and decision making purposes. The purpose is not to redo or replace any of the various state level passenger rail studies that have been completed benveen1996 and 2008. Background The RV AMP 0 is the federally designated Metropolitan Platming Organization (MPO) for the City of Roatloke, City of Salem, TO\lv11 of Vinton atld urbanized portions of the Counties of Bedford, BotetoUlt atld Roanoke. The RV AMP 0 is responsible for the regional Constrained Long-Range Transportation Platl (CLRTP) and the regional TranspOltation Improvement Pragranl (TIP). As a patt of its CLRTP atld TIP platming duties, the RV AMP 0 has developed a multi faceted public patticipation and stakeholder consultation process. Recently this participation! consultation process has relied on several major ilutiatives: G ElectrOluc Touch Screen Kiosk o Focus Groups with established neighborhood orgatlizations atld civic leagues @ FY2007 MPO Policy Boat.d Survey Each ofthese initiatives has indicated a broad based-interest in the concept of intercity passenger rail servillg the Roatloke market. TIus broad based interest lead the RV AM:PO to include tlus study in its Fiscal Year (FY) 2008 VIufied Plaruung \Vork Pragratll (UPWP). Electronic Touch Screen Kiosk: Kiosk and Focus Group Locations with reference to Environmental Justice (EJ) Index Scores Touch Screen Kiosk Location indicated with Red Push Pin Focus Group location indicated with Green Check Box The touch screen kiosk is a mobile computerized survey instrUlllent. Patticipants select answers to pre-loaded questions by touching the screen directly with theil- finger. The touch screen kiosk has been deployed at: DRAFT Roanoke to \Vaslungton, DC Passenger Rail Study Page 3 of 28 Ii) The Roanoke Higher Education Center lit The Virginia Employment Commission's \Vorkforce One Center at Valley View at The Roanoke Regional AirpOli lit Virginia \Vestern Community College 8 Depaliment of Motor Vehicles (DMV) - Crossroads Mall Branch lit Tanglewood Mall " Arnold R. Burton Career and Teclmical Center - Roanoke County Schools o The Franklin Center in Rocky Mount, Virginia Ii) Various One-day events Question number 16 on the touch screen kiosk asks: Do you agree with the following statement? "The Roanoke Valley should plan and develop passenger rail service to Richmond/ Washington D.C." During a time period spanning from July 2006 to May 2008 tllis question has Touch Screen Kio~k received 2175 total responses. From the total 1020 (47%) responses reporied "Strongly Agree," 588 (27%) repOlied "Agree," 303 (14%) reported "Neither Agree nor Disagree," and a combined 264 (12%) reported either "Disagree or Strongly Disagree. " Focus Groups: RV AMP 0 staff conducts focus groups with established neighborhood associations and civic leagues \\I"ithin the RV AMP 0 service area. Focus groups are can be thought of as a guided conversation designed to get qualitative research by allowing pariicipants to explore lines of thought in their responses. RV AMP 0 staff use a set of five questions as a backbone to guide the focus group through its discussion: . Do you feel your neighborhood is well connected to the regional transportation system? o Are there any groups of people (e.g. teenagers, elderly, low-income) in your neighborhood that could benefit from additional or expanded transportation options? What forms of transportation do you feel would be effective? o What features work to enhance transportation safety in your neighborhood? How do you feel transportation safety could be improved? . What role do you see technology playing in transportation? In your neighborhood? 6l Over the next twenty years, how can transportation in your neighborhood and the region be improved? Since focus groups are open ended these five questions usually take at least thiriy minutes to complete. None of these questions directly reference or even guide respondents to\vards the subject of intercity passenger rail. Nonetheless, intercity passenger rail plays a prominent role in the discussion in around 80% of focus groups. DRAFT Roanoke to \Vashington, DC Passenger Rail Study Page 4 of28 '\ R V AMPO Policy Board Survey: In FY2007 RV AMP 0 staff polled the RV AMP 0 Policy Board as a component of the RV AMP 0 bylaws update process proceeding in that fiscal year. The Policy Board survey included a section asking which areas RV AMP 0 staff should concentrate their efforts on in the coming years, 71 % ofMPO members responded to the survey. In the question peliaining to which functions or activities of the MPO are important in the future, the top responses \vere as follows: €I Rail Issues Ii) TranspOliation/Economic Development Linkages Ii) TranspOliation/Lane-use Linkages (!) Greenway Planning 10 Responses 9 Responses 9 Responses 8 Responses In preparing the FY2008 MPO Work Program, staffwas faced with a clear preference from the MPO Policy Board, focus group participants and kiosk respondents to devote effOli to a passenger rail planning study. The difficult task lies in detennining what new and unique contribution RV AMP 0 staff can make to the public discussion ofreestablismng passenger rail in the Roanoke Valley. Organization of the remainder of this repOli is an attempt to either sun1marize previously available infOl111ation specifically with respect to the Roanoke Valley, instead of a statewide context and/or generate new info11.11ation that was previously unavailable in the many statewide passenger rail studies. Organization of Report: The remainder of this repOli will be organized in four additional chapters: ell Chapter 2: Characteristics of Hypothetical Roanoke to \Vashington D.C. Passenger Rail Service @ Chapter 3: Business and Organizational Travel Survey Results o Chapter 4: Station and Site Impacts €I Chapter 5: Recommendations and Next Steps Chapter 2 uses previous statewide studies concem.ing the TransDominion Express passenger rail service concept to construct a specific profile of a hypothetical Roanoke to Washington D.C. passenger rail service. Chapter 2 explores the concepts of "Market Drivers for Ridership," "Service Characteristics," and possible "Environmental Impacts" of a Roanoke to \Vashington D.C. rail service. Chapter 3 describes a business and non-profit organization travel that was administered by RV AMP 0 staff. The central premise of Chapter 3 is that organizational policy such as, what type of business travel is reimbursed by organizations, plays a key role in detemllning the character of potential business and organizational chalmel. Passenger rail service could serve an orgalllzational travellllche that could have been under al1alyzed by previous studies. DRAFT Roanoke to \Vaslllngton, DC Passenger Rail Study Page 5 of 28 Chapter 4 investigates possible site development impacts at least partially attributable to a reestablished Roanoke to Washington D.C. passenger rail service. Chapter 5 provides a summary of recent transportation funding trends and recmmnendations concen:1ing possible local or private funding sources. Chapter 5 also introduces some partial or hybrid solutions that anticipate results of the Statewide Rail Plan due by the end of Summer 2008. DRAFT Roanoke to \Vashington, DC Passenger Rail Study Page 6 of 28 Chapter 2 - Hypothetical Roanoke to Washington D.C Passenger Rail Service Characteristics Background Starting in 1996 Virginia began a series of studies considering the cost and ridership potential for passenger rail service crossing the COlmnonwealth. The proposed TransDomi11ion Express (TDX) line would run from Bristol to Washington D.C. .and would include stops in Roanoke, Lynchburg, Richmond, Charlottesville, and other smaller localities in betvveen. In each ofthe five studies that have been completed since its proposal, operation costs and ridership numbers have varied significantly. For example, the initial 1996 study undeltaken by the Virginia Department of Rail and Public Transportation projected an annual ridership of over half a million, while a 2000 study by Amtrak projected only 26,000. Ridership in palticular has been a difficult number to pin down, alld experience with similar projects across the country have revealed whereas forecasting improvements in existing systems is relatively easy, detelmining potential ridership for new systems Call be extraordinarily difficult.. In 2007, all Update 011 Status of Proposed TransDominion Express (FDX) Passenger Rail Service was completed that summarized the conclusions of the previous five repOlts and selected those results that seemed the most reasonable in light of the most current data available at the time and the experience of similal" systems across the country. The findings of the Update put the cost ofTDX infrastructure improvements at $180.4 million in current dollars, annual operating expenses at $18 million, alld ridership numbers topping out at 58,000 a yeal' (Miller vi). Revenues generated from tlus level of ridership are projected to be $1.8 million. As palt of the 2008 Roanoke Valley Area Metropolitan Plalmi1lg Orgaluzation CRV AMP 0) work program, staffwere directed to undertake a study narrowing the scope of the TDX proposal to service \vluch terminated in Roanoke as opposed to Bristol, but retained all other stops alld ridership assumptions as detel1llined in previous studies. Tlus repOlt reflects the results of that study and largely utilizes the conclusions made in the 2007 Update, modified somewhat by current data as well as all emphasis on the business traveler segment of the ridership market. It also assumes that the removal of the ROallOke to Bristol line will not have a measurable effect on ridership numbers. This seems consistent with previous studies, which concentrate on ROalloke to DC trips alld do not take into account ROall0ke to Bristol trips as palt of the total ridership forecast. Market Drivers for Ridership Clearly, when discussing allY kind of mass trallsit service, the question of ridership comes alld the ability to forecast ridership is of utmost impOltallce. The implementation alld operation of an intercity passenger rail service is an expensive proposition, alld high ridership is the main measure of success, particulal"ly when that ridership trallslates to relatively low level of public DRAFT Roanoke to Washington, DC Passenger Rail Study Page 7 of 28 subsidies for operation costs. Previous TDX riderslup forecasts have relied heavily on level of service assumptions - trip time, on-time service, and alllenities - as the primary decision drivers for travelers, along with historical trends alld existing census data to fOlTImlate baseline numbers. It is not the intent oftlus repOlt to challenge the validity of these forecasts; indeed, it will assume them to be accurate for purposes of capturing the incremental Challges between full TDX service and a shorter Roanoke to \Vaslungton D.C. route. Nonetheless, it is importallt to recognize that lustorical trends and level-of-service forecasts do not incorporate significant changes in market conditions over the years since DRPT's initial study, nor do they take into account Roanoke- specific market conditions that could alter basic assumptions about demalld. \Vhen discussing the consumer decision making process, it's helpful to distinguish between low-involvemeilt and high-involvement products. Low involvement products are those which offer relatively little risk, minor differentiation betvveen brands or quality, alld invoke little to no bralld loyalty (Silberger 11). High-involvement products indicate more risk and more planning required before the purchase, could be more expensive, but also invoke greater brand loyalty alld often more emotional satisfaction (Silberger 9). The illustration Silberger uses in The 10-Day MEA is that of shoes. Once a purely practical, low-involvement good, aggressive marketing, endorsement by celebrity athletes, and innovative design Challges have tumed mallY brallds of shoe into high-cost, high-involvement items that inspire rabid loyalty and even, incredibly, violence. A sinular arc Call be seen in the development of the automobile as a consumer good, which has seen it transform from a fairly practical machine into all increasingly high-tech, lugh-involvement device. Indeed, the trallsfolTIlation has come so far that the new CEO of Chrysler recently said "I think a velucle today has to be your most favorite room under your roof.. ,It's incidental that it gets you from Point A to B, right?" (Maynal'd 2007). The service levels noted above reflect relatively low-involvement decisions in terms of a mode shift to passenger rail: trip times between rail alld automobile are generally perceived as compal"able, on-time alTival in a personal velucle is generally assumed, and familiarity with one's own vellicle generally trump ameluties of other modes, just to nallle a few. However, since its 1996 introduction, and even since the April 2007 Update, there have been demograpluc, environmental, and economic trends that that increasingly SUPPOlt the implementation of passenger rail service across the state and have the potential to make the decision to use passenger rail a lugh-involvement one. Pril11al-Y alllong these trends is the skyrocketing costs of fuel. In 1996, oil \vas running just over $20 a balTel, or $28 in 2007 dollal's adjusted for inflation. In April of2007, oil had increased to approximately $70 a balTel, and on Jalmary 2008 oil reached an all-time high of $100 a balTel ("Oil Price Increases Since 2003" 2008). In current dollars, tlus represents all increase of over 300%, In tenllS of fuel cost, tllis reflects all increase from roughly $1.43 per gallon of gas at the end of 1996 to around $3.00 a gallon by the end of2007; in 1996, therefore, the average conU1mter would spend $25 on fuel driving to \Vashington D.C. in 1996 versus $54 in 2007. The drivers behind these price increases have been varied but al'e primarily linked to increases in demand, especially from growing econonues like those in Cluna and political instability in oil-producing markets (Shenk 2008), This global increase in demalld shows no signs of slowillg; indeed, China and India in palticulal' al"e seeing rapid grow1h that will keep prices lugh "for the foreseeable future" (Esty 40). Flilther, even as gas prices have increased DRAFT Roanoke to Washington, DC Passenger Rail Study Page 80f28 over the last decade, not until December of 2007 did consumption in the U.S. fall (Hargreaves 2007). It is too early to tell if this drop reflects sustainable reductions in demand, a change in holiday spending habits, or fear of an econonuc dowl1tum. \Vhatever the reasons, these trends show no signs of reversing soon, indicating that transportation costs for Virguua drivers will continue to grow at an uIcreasing rate; this makes the relatively stable prices of passenger rail fal"e i1lcreasulgly attractive. Demograpllic cllallges, prunarily reflected in all aging population, also suggest all audience for passenger rail service, Consistently rated among the top regions in the country to retire (\Vood 2008), and with relatively small population growth alId challenging drain of younger citizens to other regions, the ROalIoke Valley will likely see all increasing demographic shift to a more elderly citizemy over the next decade. Tlus presents trallSpOltation alld mobility challenges witllin the Valley itself, but also indicates that increase public transportation options provide all OppOltUllity to keep the Commonwealth's retirees linked to the whole of the state alld increase its ability to market itself as a desirable destulation for retirees. FUIally, concern about global clullate Challge alId U.S. energy uIdependence contulUes to grow, promptulg the need for a response alld strategy on the palt of public officials, The Commonwealth has made strides Ul addressulg these concerns, begimung with the adoption of the Virginia Energy Plan in 2007. That plal1 establishes as one of its goals the reduction of energy growth in the ConUllonwealth 40% by 2017 (VDMME 2). The plan also notes that "[t]ransportation is the sUlgle largest energy using sector, accountulg for approximately 43% of total energy use Ul the state" (VDl\1ME 3). Providing the option of cross-state passenger rail, accompalued by aggressive marketing alld promotion of the service, Call be all important step both in meeting Virginia's these Sholt-teml energy goals as well as establislung the infrastructure for a 10ng-telTIl solution to ulcreasing transpOltation energy demand. Concem about climate Challge has the greatest potential to make passenger rail a high-involvement consumer choice, palticulal'ly among busuless travelers alld their employers who al'e increasingly under pressure from theu' customers to be environmentally-friendly. The beneficial enviromnental impact of switclling trips from automobiles to passenger rail al'e discusses later in tlus repOlt, Service Specifics Ridership As noted above, forecasting riderslup for new passenger rail service Call be notoriously difficult. The following ridership numbers, taken from the 2007 Update, follow a conservative forecast model; actual ridership could be much lugher depending on service levels offered includulg travel time, on-time service, alld customer service alllenities such as electric outlets for laptop use, food service, alld others. These numbers reflect a travel time of approximately 4.5 hours between ROall0ke and \Vashington D.C. with two trains rumung round-trip per day (given travel time projections, it does not seem likely that removing the Bristol to Roanoke segment of the route - a trip time of approxullately 6 hours round trip - would provide sufficient tUlle savings to add an additional train each day). Tllis trip time is roughly comparable with automobile travel time, and reflects a sigruficant improvement over automobile trip time during peak congestion periods. It is worth noting that, though impOltallt, travel time is an umeliable DRAFT ROallOke to Waslungton, DC Passenger Rail Study Page 9 of28 indicator of potential ridership. Miller relates that of systems similar to the proposed TDX service in telms of travel time alld distance, those that have seen significant ridership increases have not always seen these increases coincide with improvements in trip tinle but rather improvements in on-boal'd a11leruties alld the quality of stations (Miller 10). This further indicates that passenger rail service has the potential to become a lugh-involvement decision by travelers as price pressures make automobile travel less attractive. The Roanoke to Wasmngton D.C. segment ofTDX is predicted to bear 91 % of total ridership (Miller 20), all stops inclusive, a11lounting to 51,483 allllual trips between stations along tlus segment. ROallOke itself is projected to generate 5,538 trips (see Table 1, below, for a breakdown of the station-to-station trips), or 11 % of total TDX ridership. The vast majority of the riderslup - 37,072 annual trips - is projected to be generated by the Lynchburg, Charlottesville, and Alexandria stations (Miller 14). Table 1. Total Predicted Trips from Roanoke From Roanoke To Lynchburg 1849 To Charlottesville 202 To Alexandria 3446 To Richmond 41 Keep in mind that the original riderslup forecasts did not take into account potential riders from outside the state. It is possible that a Bristol station would generate travel not only from Bristol itself, but from Washington D.C. travelers coming fl.-om Tellllessee and surrounding states, linked through other passenger rail options. Infi'astructure The total infrastructure cost for all rail alld associated road improvements for the entire TDX proposal is projected at $120 million in 2001 dollars. Of that, $27.8 nullion was allotted just for the improvements from Bristol to Roanoke (Miller Email), reducing the infrastructure costs to $92 million if that increment of the route was removed. Adjusting these costs at the rate of the most current inflation indices available to the 2007 Update would bring the original total cost to $180.4 million and the new cost to $139.8 million in 2007 dollars. Tlus reflects an all1lual rate of inflation for llighway alld rail construction costs that has tended to outpace the overall national inflation rate. Operation Incremental operating costs aloe not broken dO\vn in the Sallle way that incremental infrastructure improvements costs are; however, we can estimate that number by using a per-mile calculation for total operating costs and adjusting accordingly. The original operating costs \vere projected at $14.5 million; adjusting for inflation rate of 3.5%, tlus brings the total operating costs to $17.8 million in 2007 dollal"s, or an all1lual per-mile operating cost of approximately $37,000. Removillg the Bristol to ROalloke segment shOltens TDX service by roughly 145 miles, resulting in a new allllual operating cost of $14.4 million in 2007 dollal's. DRAFT Roanoke to \Vashington, DC Passenger Rail Study Page 10 of28 Environmental Impact In terms of greenhouse has emissions, passenger rail has clear advantages over automobile travel. Assuming the use of standard diesel fuel, passenger rail emits .45 pounds of C02 per mile versus 1.10 pounds per mile of automobile travel. If alternative fuels such as biodiesel are used, additional improvement Call be made. Based on the above ridership forecasts alld trip distance between stations, moving these travelers from single-occupancy vehicles to passenger rail will result in a reduction of greenhouse gas emissions of 59%, or over 630,000 pounds a year, as shown in Table 2, below: Table 2. C02 Emissions by mode L'burg C'ville Alexandria Richmond Total Trips 1849 202 3446 41 5538 Miles 56 120 244 189 609 Total Vehicle Miles Traveled 103,544 24,240 840,824 7,749 976,357 Auto GHG (Ibs CO2) 113,898 26,664 924,906 8,524 1,073,993 Rail GHG (Ibs CO2) 46,595 10,908 . 378,371 3,487 439,361 Change -67,304 -15,756 -546,536 -5,037 -634,632 Further, once service is implemented alld market conditions work to increase ridership, greenhouse gas emissions \vill be reduced at a corresponding level. It is possible, though unlikely, that implementation of passenger rail will have much impact on traffic volume alld congestion along the 1-81 corridor, as much oftlus is generated by trucks alld represents trips being made through Virguua and not within Virginia. Therefore, incremental ullprovements in greenhouse gas emissions coming from improved traffic throughput are unlikely. Further, ground-level au' quality issues such as ozone alld fIne palticulate matter (PM 2.5) pollution are unlikely to be sig1uficantly affected; to the extent these pOllutalltS are being generated fi'om tailpipe emissions, this is happening either from vehicle trips made witlun the region, or, again, from truck travel along 1-81 that will not be offset by TDX service. The environmental benefits from inlplementing passenger rail have general, rather than local, impacts, Chapter 2 - Conclusions Clearly, removing the Roanoke to Bristol leg ofthe proposed TDX service provides SiglUficallt costs savings over the original plall without significalltly cutting into ridership, though doing so does not provide additional service levels for the remauung route ill tenus of additional trains or reduced travel time. Attention should be paid, however, to potential ridership extending beyond Virginia's borders which would be lost. It is also wOlth considering whether removing tIus segment has a hUmall services impact; trallSpOltation options in fal' Soutlnvest Virgu1ia al"e already spare, and access to passenger rail that could more quickly provide access to necessary services, pmticulal'ly DRAFT ROall0ke to Washington, DC Passenger Rail Study Page 11 of28 medical services in both ROal10ke al1d Charlottesville, should be included in any decision- making process. DRAFT ROallOke to Washington, DC Passenger Rail Study Page 1'2 of 28 Chapter 3 - Business and Nonprofit Organizational Travel Survey Premise The premise behind the RV AMP 0 Business alld Nonprofit Orgalllzation Travel Survey is that orgarllzational policies detemline business travel choices rather than individual preference. TIlls makes intuitive sense; a. business' travel reimbursement policy will have great influence on business travel choices. Employees not following business travel policy guidelines risk being Online Business and Nonprofit Passenger Rail Survey denied reimbursement for business related travel. Upon review of previous statewide Trall Dominion Express studies, RV AMP 0 staff regards local/regionally generated business travel as a previously under analyzed potential niche mal'ket for passenger rail service. RV AMP 0 staff developed a tal'geted survey focused on business alld nonprofit orgalllzation travel. The full text of the survey is featured in appendix A. The survey was distributed in both hard copy al1d web enabled format. The goal of the survey was maximum palticipation, as such, the survey did not rely on a random Salllple. Statistically speaking it is not proper to extrapolate survey results from specific respondents to the region as a \V-hole. All repOlted results represent the sample who chose to respond to the survey. The survey v.,ras distributed via the following challl1els: 1) Downtown Roanoke Incorporated (DRl) Initial and follow-up survey 2) Forum for the Future - Valley Forvvard One Day Event - 09-13-2007 3) Salem Roanoke County Chamber Email List 4) City of Salem Administration 5) Vinton Area Chamber of Commerce 6) Williamson Road Area Business Association 7) Roanoke Regional Chamber of Commerce - Transportation Committee 8) Council of Community Services 211 Listserve (Non-profit and Business Organizations) 9) WVTF Radio Interview with follow-up link on website 10) Citizens Advisory Committee (CAC) 11) WFIR Radio Interview with follow-up link on website 12) Entrepreneur Summit - Civic Center - 10-05-2007 13) Workforce Investment Board (Board and Partners List) 14) Council ofCOlmnunity Services - Directors of Non-profit lists 15) Roanoke Valley Society for Human Resource Management - www.rvshrm.org 16) Valley Forward email list DRAFT Roanoke to Wasllington, DC Passenger Rail Study Page 13 of 28 17) United Way of Roanoke Valley 18) New Century Technology Council (NCTC) 19) Roanoke Regional Chamber of Conm1erce COImnunity Calendar Posting (until March 31, 2008) It is impossible to detel1nine how many surveys were ilutially distributed since each chal1llel partner was encouraged to distribute a maximum number of surveys alld a web version was available for channel partners to distribute to email alld other lists, A total of 44 surveys were received by RV AMP 0 staff. Since one survey was received per orgaluzation, these 44 surveys represent approximately 8,978 employees based in the ROall0ke Valley as self repOlted on the surveys, In other words, if the 44 orgaluzations that responded to this survey were to implement travel reimbursement policies that would favor passenger rail service for orgaluzational travel, these policies would potentially affect 8,978 employees based in the ROall0ke Valley. Twenty one respondent orga11izations repOlted that they generated 4 or more business trips to both Richmond alld the \Vaslungton D.C. al"ea per year. One organization even filled in that they generated at lease 250 business trips to the Waslungton D.C. al"ea per year. Respondents reported that the average per trip reimbursement, to employees who used a personal vehicle for business travel, \vas $153.57 to Richmond and $209.43 to Washington D.C. Respondents who maintained COmpallY vellic1es estimated that the average total cost (fixed and val"iable) of sending employees is $110.83 to Richmond, and $151.15 to \Vashington D.C. Similal"ly, respondents whose employees fly for business travel estimate that it costs on average $487,50 for a round trip to Richmond al1d $412 for a round trip to \Vashington D.C. Ifpassenger rail is to substitute for the business trips, it is likely to do so at or below the lowest costs repOlted by respondents. The round trip costs repOlted by orgallizations that maintain their own COmpallY velucles at $110.83 to Riclmlond alld $151.15 to Washington D.C. will serve as all upper bound for the remainder oftlus allalysis. In the following paragraph tlus repOlt will compal"e these figures to repOlted w"illingness to pay for passenger rail services responses, Respondents \vere asked "If passenger rail service existed between Roanoke alld Richmond andJor Washington D.C., at what price would you make it a COmpallY policy that employees use passenger rail for business travel purposes?" The average responses al'e $107.44 round trip to Richmond and $145,62 round trip to Washington D,C. These responses are strikingly sinlilar to the average estimated costs for those orgaruzations that maintain a company velucle. At first glance this would indicate that potential passenger rail service would merely substitute at a cost sinulal" to company vellicle costs for the average orgallization. This lends evidence to the notion that passenger rail service may not yet be seen as a "High Involvement Decision" as described in Chapter Two. However, there is evidence that some orgaluzations may be on the threshold of considering potential rail service a "High Involvement Decision" that COn1l1lallds a willingness to pay above minimum average costs, The stalldard deviation, which is a measure of how individual responses ValY from the average response, is $69.21 to Richmond and $96.96 to Waslungton D.C, In other words some orgaruzations are already willing to pay a lugher price per round trip ticket. Respondents were then asked "At the price you listed for question #7, what percentage of all business trips for your orgaruzation would be represented by passenger rail: to Richmond? to DRAFT Roarloke to \Vashington, DC Passenger Rail Study Page 14 of28 \Vashington D.C.?" TIlls question attempts to estimate relevant behavior Challge ifthe preferred round-trip ticket price were available, The average percentage of all business trips shifting to passenger rail at the preferred price is 45.87% to Richmond and 50.90% to Washington D.C. Onc.e again these average results show a large variation alllong respondents with a standard deviation of 37.71 % to Richmond and 33.27% to \Vashington D.C. A majority of respondents stated that only two round trips per day would need to be offered at the prefened price for their organization to take advantage of passenger rail service. A majority of respondents indicate that other positive attributes of potential passenger rail service al'e: "Employees Call do work on the train;" "Employees Call rest on the train; alld" "The train avoids highway accidents." Lynchburg Survey Lynchburg lies 55 miles east of the City of Roanoke. The City of Lynchburg is the central city to an urbamzed region that is roughly compal'able to the RV AMP 0 service area in population. The City of Lynchburg also serves a similal' role of regional hub for its immediate surroundings. In contrast to the RV AMP 0 service area, the Lynchburg is currently served by one AMTRAK line. Furthermore the Lynchburg Regional Challlber of Conmlerce has been active in promoting additional passenger rail service for the City of Lynchburg specifically advocating the TransDominion Express (TDX) concept. The Lynchburg Regional Challlber of Conmlerce agreed to field a modified version of the RV AMP 0 Passenger Rail Survey through a web enabled fonnat. The purpose of the Lynchburg Chalnber's survey is to provide a comparison Salllple from a region with sinular total population and with CUlTent AMTRAK service. Questions on the Lynchburg Challlber's version of the survey were modified to reflect the fact that Lynchburg cUlTently has passenger rail service. A total of 17 orgaluzations responded to the Lynchburg Regional Chalnber of Commerce's survey version. A question regarding total employment for organizations was not included in tlus survey version. Similal" to the RV AMPO survey, Lynchburg based orgal1izatious repOlted that they travel 4 or more times to both Richmond alld \Vaslungton D,C. for business related pUl-poses. 1. How many times do employees of your organization travel for business related purposes to each of the following destinations per year? l(a). How many times do employees of your organization tra,'el for business related purposes to each of the following destinations per year?: Richmond Responses Count % Percentage of total respondents 17.65% 1 Trip Per Yeal' 3 2 Trips Per Year 1 3 Trips Per Year 1 4 Trips or More 11 (Did not answer) 1 Total Responses 17 5.88% 5.88% r;J &>i ~,. .,,",'. ~~~ 64,71% 5.88% r::n b:iil , 20% 40% 60% I 80% I 100% DRAFT ROall0ke to Washington, DC Passenger Rail Study Page 15 of28 1(b). How many times do employees of your organization tra\'eI for business related purposes to each of the following destinations per year?: \Vashington, D,C. Responses Count % Percentage of total respondents 1 Trip Per Year .., 17.65% - .) 2 Trips Per Year 2 11.76% . 3 Trips Per Year 0 0% I 4 Trips or More 8 47,06% (Did not allSwer) 4 23.53% Total Responses 17 20% . 40% I 60% ; 80% ; 100% i I j It is interesting to note that one Lynchburg based orga11ization responded that employees currently use Amtrak for trips to \Vaslungton D.C, Lynchburg is on Amtrak's "Crescent Line," wllich depalts Lynchburg at 6:07 aln and retums at 10:06 pm, This is the only passenger rail service cU11'ently available in Lynchburg. Despite its less thall convenient schedule, it is currently used for business travel purposes (w\v\v.amtrak.com) 3. Employees (for trips to Richmond and/or \Vashington, D.C.): (Choose all that apply) Percentage of total respondents Responses Count 0/0 Take their o\vn personal vehicle Take a COmpallY vehicle Take a rental vehicle Take Amtrak from Kemper Street Station Cmpoo1 with allother employee 5 29.41 % Take bus service 0 0% Fly 3 17.65% (Did not answer) 0 0% Total Responses 33 " 20%:40%.160%180% 1100%1 Multiple allS\VerS per palticipaIlt possible. Percentages added may exceed 100 since a pmticipallt may select more than one aI1SWer for this question. 9 11 4 52.94% 64.71 % 23.53% 1 5.88% I TIus may indicated a penned up demand for passenger rail service that would become malufest is additional passenger rail service were available, There were no "willingness to pay" questions in this version of the SU1\rey. DRAFT Roanoke to Waslungton, DC Passenger Rail Study Page 16 of28 nonprofit corporation would include applicable stakeholders such as: local government representatives, Norfolk SouthelTI representatives, VDRPT representatives alld stakeholders from the arts alld cultural commuruty. The nonprofit corporation would need staff either paid or volunteer to assure all accounting and legal standards are in place alld maintained. Once the nonprofit corporation is in place, it would follow a similar strategy as the Taubmall Art Museum's recent fundraising success. The parallels between passenger rail and all art museum are closer thall one may think at first. For instance, both passenger rail service alld a museum can feature nallling rights as all enticement for donations. Passenger rail could feature naming rights on rail Cal'S (rolling stock), station ameruties or gateways to and fi-om the station. For installCe a gateway sign at the end of the station "You arenow entering the' John Q. Public' passenger rail cOlTidor." Likewise, railroads and passenger raillustory enjoy a following similar to alt alld art museums, Recently retired successful individuals with all interest in passenger rail could be approach to help reestablish passenger rail in the ROalloke Valley witllin their lifetimes. The following par'agraph will compare the fundraising goals for a passenger rail effort compared to the lughly successful Art Museum eXalllple. First of all, this repOli will make it cleal' that the target of fundraising effOlts should be the "Capital Costs," consisting primarily of rail alld rail siding upgrades from ROallOke to Lynchburg. The Roanoke to Lynchburg segment is emphasized for several reasons: It The capital costs from Lynchburg to Roanoke are disproportionately higher on a per nule basis thall the capital costs from Alexalldria to Lynchburg (Miller, email 02-04-2008); I) The Alexandria to Lynchburg segment is under consideration in VDRPT's state rail plalllung process (Kevin Page, VDRPT Chief or Rail, Presentation 12-18- 2007, Lynchburg Challlber of COnlll1erce); alld & Private sector donations from the ROallOke Valley should be applied to improvements in geographic proximity to the Roanoke Valley. Operation costs were repolted as a per mile figure in Chapter Two. The mal"ginal increase in mileage from Lynchburg to ROallOke should figure into total system operations costs and should only incrementally increase for the Lynchburg to Roanoke segment. However, capital costs, in 2001 dollal's, for the ROalloke to Lynchburg segment are estimated to be $29,6 million, This compal'es to all estimated $40.5 nullion (2001 dollars) for the Alexalldria to Lynchburg segment. (Miller, email 02-04-2008) In other words, the Roanoke to Lynchburg segment is estimated to cost al'ound 73% of Alexalldria to Lynchburg costs at a much shorter segment length, With tllis in mind, the fundraising target for a passenger rail call1paign would be al'ound $30 million. This is less thall half of the funds that were recently raised for the Taubmall Art Museum, Tlus is a positive sign, because it proves that large sums of money can be raised with the right fund raising campaign and a dedicated staff/volunteers, Short Term Strategy - Bus Connector Service DRAFT ROallOke to \Vasllington, DC Passenger Rail Study Page 23 of 28 A feasible ShOli telm strategy is to pursue bus C0lll1ecter service to passenger rail service in Lynchburg alld Clifton Forge. A bus connector service would allow access to any expanded rail service in Lynchburg that results from the fOlthcoming VDRPT statewide rail plan. A disadvalltage of the bus COlmector service \vould be a lack of a sense Ofpel1llanenCe that rail often provides and the need to transfer from the bus service to the train at the trallsfer point. Amtrak cunently paltners with Greyhound bus lines for its "Thruway Motorcoach" service. Greyhound does currently have a station at the Campbell Court trallsfer center in downtowl1 Roanoke. DRAFT ROallOke to \Vashington, DC Passenger Rail Study Page 24 of 28 Appendix A - RV AMP 0 Survey Impacts of Passenger Rail Business Survey Background: Passenger rail is all often-mentioned topic at a wide variety of public forums or public participation in plalllung events, The idea of re-establishing passenger rail is suppOlted by citizen input received by the Roanoke Valley Area Metropolitan Plalullng Orgaluzation (RV AMPO). The RV AMP 0 is responsible for the "Constrained Long-Range TrallSpOltation Plall" (CLRTP) for the Roanoke Valley Area. RV AMP 0 staff members have two primary approaches to gather public input in the planning process: Ii Electronic Touch Screen Kiosk, which has been housed at various locations including the Higher Education Center, VEC's Workforce One Center, ROallOke Regional Airp0l1, Virginia Weste11l Conll11Unity College, DMV alld Tanglewood Mall. tJ Neighborhood Association/ Civic League Focus Groups Both of these methods have ga11lered numerous responses conce11ling the re-establishment of passenger rail service in the Roanoke Area. Purpose: Tlus study is not designed to redo, supercede or othervvise "reinvent the wheel" of previous studies alld statewide effOlts concenung passenger rail. The purpose of tlus study is to investigate the possible impact that passenger rail, should it be established, would have on the ROallOke Valley. One way of proceeding is to investigate allY overlooked or niche markets that were not considered in the previous studies. Business conference/ meeting travel may represent one such "underestimated" passenger railmal'ket that is sigruficallt to Roanoke businesses. Your participation in tlus survey will help us qUalltify if any "underestimated" or mche mal'kets exist in business conference travel using passenger rail. Instructions: Please respond to the following questions in the context of your entire business or orgaruzation's operations in the Roanoke Valley. All responses will be used for the purposes of this study only alld will not be sold, transfened or used for purposes outside of the regiOlial transpOltation plalllung process. 1) How many times do employees of your organization travel for business related purposes to each of the following destinations per year: to Riclllnond? _ one trip/year _two trips/year _three trips/year _four or more_ to Wasllington D,C.? _ one trip/year _two trips/year _three trips/ year _four or more (please fill in) 2) Are these trips (to Richmond and/or Washington D,C,) reimbursed by the company? _yes no _we have travel adVallCeS _other arrallgement _employees deduct expenses on personal taxes 3) Do employees: (for trips to Richmond or Washington D.C,) DRAFT ROall0ke to Washington, DC Passenger Rail Study Page 25 of 28 take their own personal velucle? take a company velucle? fly? cal-pool \vith another employee? take bus service? 4) If employees take their own personal vehicle, can you estimate the average per trip reimbursement: to Richmond? to Washington D.C.? $ $ /trip or $ /trip or $ /nule /mile 5) If employees take a company vehicle, what is the average cost per trip to the company factoring fuel, maintenance, insurance and upkeep: to Richmond $ to Waslungton D,C,? $ 6) If employees fly, can you estimate the average ticket price: to Richmond? $ to 'Washington D.C.? $ 7) If passenger rail service existed between Roanoke and Richmond and/or Washington D.C., at what price would you make it a company policy that employees use passenger rail for business travel purposes: round-trip ticket price to Richmond? $ round-trip ticket price to \Vaslllilgton D.C.? $ We would reimburse for a personal vehicle trip regardless. We would provide a travel allOWallCe of $ and allow the employee to chose. Other: 8) At the price you listed for question #7, how many business trips (round trips) do you think your organization would produce in a year (number of employees TIMES trips per employee): to Richmond? to Waslungton D.C.? Not Applicable 9) At the price you listed for question #7, what percentage of all business trips for your organization would be represented by passenger rail: to Richmond? to Waslungton D.C.? Not Applicable 10) How many round trips per day should be offered in order for you to use passenger rail for business trips at the price you listed in Question #7 (assume one round trip would depart Roanoke in the morning and return in the evening at a minimum): to Richmond? to Waslungton D.C.? DRAFT Roanoke to \Vashington, DC Passenger Rail Study . Page 26 of28 We would not use passenger rail. 11) How many employees do you have based in the Roanoke Valley? 12) Do you bring in business travelers for meetings to the Roanoke Valley: from Richmond? How mallY per year? from Washington D.C.? How mallY per year? 13) Our businessl organization would benefit from passenger rail for other reasons (check all that apply): _Our employees could do work on the train (i.e. with a laptop) _Our employees could rest on the train _The train avoids highway accidents Other reasons 14) How fast would a one-way trip have to be for you to use the service at the price you indicated: -to Richmond 3 ~ hours 4 hours 5 hours 6 hours or less -to Washington D.C. _ 4 ~ hours _ 5 hours _ 6 hours _ 7 hours or less 15) At what time would you need to arrive? -in Richmond before 8:00 alll _8:00alll 9:00am 10:00am -in Washington D.C. _before 8:00 am _8:00 am _ 9:00anl _ 10:00alll 16) At what time would you need to arrive in the Roanoke Area (return trip)? _before 4:00pm _4:00 pm _ 5:00pm _ 6:00pm _7:00pm or later 17) Would you require transit at the station in _ Richmond? _ Washington D,C.? If so what frequency of transit at a minimum? _ every 5 min _ every 10 min _every 30 min _ every hour 18) Additional input concerning passenger rail (please provide below): Name of Company Primary Contact Person Approximate # of Employees in Roanoke Area Please Retum Completed Surveys to: Mark McCaskill, RV ARC, PO Box 2569, ROall0ke VA 24016 Fax 540-343-4416 Email mmccaskill@rval'c.org DRAFT ROallOke to Washington, DC Passenger Rail Study Page 27 of28 I~.._-: . I' Reference "Carbon Dioxide Emissions Per Mile Traveled." Sightline.co711. 31 JallUary 2008 13:46 EST, < http://v,i"\\<w. si2:htline.om/maps/charts/pollu c02transp ooh> Esty, Daluel C. and Andrew S. Windston. Green to Gold: How Smart Companies Use Environmental Strategy to Innovate, Create Value, and Build Competitive Advantage. Yale Uluversity Press, New Haven, CT, 2006. Hargreaves, Steve. "$3 gas: America's braking point." CNNlvtoney.com. 18 December 2007. < http://monev.cnn.eom/2007/l2/18/news/economvllzasdemandJindex.htm> Maynard, Michelle. "At Chrysler, Home Depot Still Lingers." The New York Times. 30 October 2007. <http://w\vw.mtimes.com/2007 /1 0/3 O/business/3 Onardelli.html> Miller, Jolm, et al. "Update on Status of Proposed TrallSDonuluon Express (TDX) Passenger Rail Service." Virgilua TrallSpOltation Research Council, Charlottesville, VA, 2007. Miller, John. Email to Jeremy Holmes, 4 February 2008, "Oil Price Increase Sillce 2003." Wildpedia, The Free Encyclopedia. 30 January 2008 14:50 EST. <en.wikipedia.or!2:/wiki/Oil price increases of 2004~2006> Shenk, Mark alld Nesa Subrahmamyan. "Oil Touches $100 a Barrel on Supply Concern, Increased Demand." Bloomberg. com 2 JallUary 2008. <w\v\v.bloombem.com/apps/news?pid=2060 11 03 &sid=aRrV fGv7PxnI? Silberger, Stephen. The Ten Day AlBA. \Villiam Morrow and COmpallY, Inc., New York, 1999. ~ ,1 '; Virgilua Department of Mines, Mineral and Energy, "The Virgilua Energy Plan." Richmond, 2007. Ii, I: 'j I / Wood, Jeffery K. "Retirement: Starting Anew in the Valley" The Roanoker lIfagazine. 30 J allUary 2008, < bttp:! /w\\<w. theroalloker.com/visitonruide/wheretoretire/index. cfm> , [ / DRAFT Roanoke to \Vaslllilgton, DC Passenger Rail Study Page 28 of 28