HomeMy WebLinkAboutMins 03/16/09 - 11/16/09
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ROANOKE CITY COUNCIL - REGULAR SESSION
March 16, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, March 16,
2009, at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers,
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38150-070708 adopted by the Council on
Monday, July 7,2008.
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Gwendolyn W.
Mason, Anita J. Price (arrived late), Court G. Rosen, and Vice-Mayor Sherman P.
Lea-6.
ABSENT: Mayor David A. Bowers-1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
The Invocation was delivered by The Reverend Audette Fulbright Fulson,
Unitarian Universalist Church of Roanoke.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Sherman P. Lea.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
At this point, Council Member Price entered the meeting (2:04 p.m.).
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.
BUDGET: Robert Craig, 70 1ih Street, S. W.; and Robert Gravely, 3360
Hershberger Road, N. W., respectively, appeared before Council and spoke about
budgetary issues.
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SCHOOLS: Helen B. Davis, 35 Patton Avenue, N. E., appeared before Council I
and inquired about funds previously approved for a Safe Route to School grant for
bicycle safety education for Forest Park Elementary School.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. He called attention to a request from the Mayor for Council to convene in
Closed Meeting to discuss vacancies on certain authorities, boards, commissions and
committees appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 17, 2008, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that Council dispense with the reading of the
minutes and approve as recorded. The motion was seconded by Council Member
Rosen and adopted by the following vote:
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AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
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Council Member Mason moved that Council concur in the request of the Mayor.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-5.
NAYS: None-O.
(Mayor Bowers was absent.)
MINUTES: Minutes of the Audit Committee held on Monday, February 2, 2009,
were before the Council.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that the minutes of the Audit Committee be
received and filed. The motion was seconded by Council Member Rosen and adopted
by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-5.
NAYS: None-O.
(Mayor Bowers was absent.)
ARCHITECTURAL REVI EW BOARD-OATHS OF OFFICE-COMMITTEES-
ROANOKE ARTS COMMISSION: Reports of qualification of the following individuals
were before the Council:
The Honorable M. Rupert Cutler as a Member of the Council of the City
of Roanoke for a term commencing March 2, 2009, and ending
June 30,2010.
Anne S. Beckett as a member of the Architectural Review Board to fill
the unexpired term of James Schlueter ending October 1,2009; and
Patice L. Holland as a member of the Roanoke Arts Commission to fill
the unexpired term of Terri R. Jones ending June 30, 2010.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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Council Member Mason moved that the reports of qualification be received
and filed. The motion was seconded by Council Member Rosen and adopted by the
following vote:
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AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL-LEGISLATION: Joint communication from Council Members
M. Rupert Cutler and Court G. Rosen recommending that the members of Congress
who represent Roanoke work with other members of Congress representing 1-81
Corridor States obtain a Federal Transportation Demonstration Grant to build a pilot
segment of the "North American Steel Interstate System" between Knoxville,
Tennessee, and Harrisburg, Pennsylvania.
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(See communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38380-031609) A RESOLUTION requesting the City of Roanoke's
Congressional delegation to obtain an appropriation to build a rail "steel interstate" in
the 1-81 corridor to provide a national demonstration of fast rail freight and passenger
service incorporating 21st Century "green" transportation technology.
(For full text of resolution, see Resolution Book No. 73, page146.)
Council Member Cutler moved the adoption of Resolution No. 38380-031609.
The motion was seconded by Council Member Rosen.
Council Member Trinkle pointed out that there seemed to be several different
groups pushing for passenger rail service, that the City is making efforts to get the
connection to Lynchburg and onward to Washington, D. C., to connect with the Trans-
Dominion Express, and asked if this grass root effort was different and would this
particular rail service be competing for the same dollars as the Trans-Dominion I
Express.
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Council Member Cutler commented it would be a complimentary initiative, which
may take years, if not decades, to complete, and he was of the opinion that it was a
national initiative to move some public transportation infrastructure dollars from
highways to rail for a more efficient, energy conservative and environmentally protective
alternative to trucks and cars.
There being no additional questions and/or comments by the Council
Members, Resolution No. 38380-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER:
CITY MANAGER:
BRIEFINGS:
BUDGET: Briefing on the Fiscal Year 2009-2010 Budget was held in the EOC
Conference Room, Room 159, immediately following the 2:00 p.m. session; and
continuation of the briefing was held in the Council's Conference Room, Room 451,
immediately following 7:00 p.m. public hearings.) (See pages 19-38, and pages 43-52,
respectively. )
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written communication
recommending acceptance of the healthy Homes and Lead Hazard Control Fiscal Year
2008 Lead-based Paint Hazard Control Grant from the Department of Housing and
Urban Development.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38381-031609) A RESOLUTION accepting a grant from the Department of
Housing and Urban Development (HUD); and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 147.)
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Council Member Trinkle moved the adoption of Resolution No. 38381-031609. I
The motion was seconded by Council Member Mason.
In response to an inquiry as to whether or not the City has lost some of its
funding in previous years, the City Manager said no, even though the program ended in
December 2008, and although successful, many residences remain in the City with
children under the age of six in danger of lead poisoning. In addition, the funds are part
of the stimulus packet; and the City was notified that the application submitted in July
2008 was approved. Ms. Burcham also pointed out that the local Health Department
was also a participant.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38381-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
Council Member Trinkle offered the following budget ordinance:
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(#38382-031609) AN ORDINANCE to appropriate funding from the United
States Department of Housing and Urban Development for the Lead Hazard Control
Grant, amending and reordaining certain sections of the 2008-2009 Capital Projects and
Grant Funds Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 148.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38382-
031609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
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GRANTS-POLICE DEPARTMENT: The City Manager submitted a written
communication recommending acceptance of the Law Enforcement Terrorism
Prevention Program Grant from the Department of Criminal Justice Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38383-031609) A RESOLUTION authorizing acceptance of the Law
Enforcement Terrorism Prevention Program (LETPP) Grant made to the City of
Roanoke Police Department by the Virginia Department of Criminal Justice Services
(DCJS), and authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 150.)
Council Member Mason moved the adoption of Resolution No. 38383-031609.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
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NAYS: None-O.
(Mayor Bowers was absent.)
Council Member Mason offered the following budget ordinance:
(#38384-031609) AN ORDINANCE to appropriate funding from the United States
Department of Homeland Security through the Commonwealth of Virginia Department of
Emergency Management for the Law Enforcement Terrorism Prevention Program
(LETPP) Grant, amending and reordaining certain sections of the 2008-2009 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 151.)
Council Member Mason moved the adoption of Budget Ordinance No. 38384-
031609. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
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BUDGET -HOUSING-HUMAN SERVICES: The City Manager submitted a written I
communication recommending acceptance of the Homeless Assistance Team (HAT)
Grant renewal from the United States Department of Housing and Urban Development.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38385-031609) A RESOLUTION authorizing acceptance of a grant by the U. S.
Department of Housing and Urban Development to the City of Roanoke Homeless
Assistance Team and authorizing execution of any required documentation on behalf of
the City.
(For full text of resolution, see Resolution Book No. 73, page 152.)
Council Member Mason moved the adoption of Resolution No. 38385-031609.
The motion was seconded by Council Member Cutler.
For clarification purposes, the City Manager explained that the role of the HAT
team is to ensure that individuals who are homeless in our community are in safe, warm
and secure environments.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38385-031609 was adopted by the following vote:
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AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
Council Member Price offered the following budget ordinance:
(#38386-031609) AN ORDINANCE to appropriate funding from the United States
Department of Housing and Urban Development for the Homeless Assistance Team
Grant, amending and reordaining certain sections of the 2008-2009 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 153.)
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Council Member Price moved the adoption of Budget Ordinance No. 38386-
031609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
BUDGET-DONATION: The City Manager submitted a written communication
recommending acceptance of a donation and execution of an agreement with
Novozymes Biologicals, Inc., with regard to improvements to the former Hannah Court
Trailer park site.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38387-031609) A RESOLUTION accepting a donation of funds from
Novozymes Biologicals, Inc. (NBI) to provide improvements to City owned property on
Midvale Avenue, formerly the Hannah Court Trailer Park site (Hannah Tract) for walking
trails, landscaped and revegetated areas, and a parking area; approving and
authorizing the City Manager to sign a Community Service Project Agreement between
the City and NBI; authorizing the City Manager to execute any necessary additional
documents, provide any additional information, and to take any necessary actions in
order to obtain, accept, receive, implement, use, administer, and enforce such donation
and Agreement; and expressing appreciation for such donation.
(For full text of resolution, see Resolution Book No. 73, page 154.)
Council Member Trinkle moved the adoption of Resolution No. 38387-031609.
The motion was seconded by Council Member Cutler.
In response to a timeline for the former Hannah Trailer Court to become a park
and greenway, the City Manager remarked that construction is anticipated to commence
in the fall of this year, with an anticipated completion date within three years, as well as
some additional enhancements to said area over time.
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Following inquiries and comments by several Members of Council concerning I
various stipulations outlined in the proposed agreement between the City and
Novozymes, Resolution No. 38387-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
Council Member Cutler offered the following budget ordinance:
(#38388-031609) AN ORDINANCE to appropriate a donation from Novozymes
Biologicals, Inc., to the Hannah Court Site Improvements project, amending and re-
ordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 155.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38388-
031609. The motion was seconded by Council Member Mason and adopted by the I
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
GRANTS-HOUSING-BUDGET: The City Manager submitted a written
communication recommending amendment of the City's 2005-2010 Consolidated Plan
to allow 2009 American Recovery and Reinvestment Act CDBG funds to be used for
infrastructure improvements within the City's conservation areas rehabilitation districts,
and/or other low-and moderate income areas.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
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(#38389-031609) A RESOLUTION approving amendment of the City's
Consolidated Plan and authorizing the City Manager to execute and submit any
necessary documents to the U. S. Department of Housing and Urban Development
("HUD") in connection with such amendment.
(For full text of resolution, see Resolution Book No. 73, page 156.)
Council Member Cutler moved the adoption of Resolution No. 38389-031609.
The motion was seconded by Council Member Mason.
In response to inquiry regarding infrastructure improvements being financed with
stimulus funds included curbs, gutters and street lights, the City Manager replied in the
affirmative, and in addition to one major storm water project. She called attention to the
attachment that referenced the Curb and Sidewalk Requests in the Conservation and
Rehabilitation Districts as of February 19, 2008, which refers to requests of priority
sidewalk improvements and a map of conservative rehabilitation areas as well as one '
area that was identified with a star for drainage improvements, all of which would make
significant improvements in many neighborhoods. She emphasized that stimulus funds
could also be used for lead removal, and staff would continue to work with outside
agencies to identify how approximately $700,000.00 in emergency shelter grant funds
could best be used.
Council Member Mason asked how much of the project list could be covered by
CDBG funds in the amount of $500,000.00; whereupon, Ms. Burcham responded that
all of the projects listed contained in the yellow colored portion of the list and the storm
drain improvements could be covered with the $500,000.00, adding that there was a
significant amount of curb, gutter and sidewalk work that the City would be expending
from current and future CDBG straight money it receives on an annual basis for
improvements to neighborhoods at a later date.
Vice-Mayor Lea inquired about the status of a previous request for construction
of a sidewalk on Hershberger Road, N. W. The City Manager stated that the item was
identified as a VDOT project and had been designed to go forward.
Council Member Price inquired about drainage improvements in the vicinity of
Andrews Road and Lafayette Boulevard, N. W.; whereupon, Ms. Burcham explained
that the project was included in the $.5 million program which was being put forward
today.
Council Member Cutler inquired about construction of a sidewalk along 10th
Street across from the Brown Robertson Park in the vicinity of Rockland Avenue where
pedestrians walk to a neighborhood convenience store. The City Manager remarked
that said area on 10th Street was being widened and improved, and at such time, curb,
gutter and sidewalk would be placed within that entire stretch.
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Council Member Trinkle asked if the $.5 million pool of money would be used for I
specific targeted infrastructure requirements, along with other pools of money for
different types of investments and infrastructure. Ms. Burcham responded yes, that the
City had also identified, on the Governor's website, several million dollars worth of curb,
gutter and sidewalk funding through the State for additional sidewalk and other projects;
however, there was a 30 day waiting period.
,There being no additional questions and/or comments by the Council Members,
Resolution No. 38389-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
Council Member Cutler offered the following budget ordinance:
(#38390-031609) AN ORDINANCE to appropriate funding from the Federal
government American Reinvestment and Recovery Act (ARRA) through the United
States Department of Housing and Urban Development Community Development Block I
Grant (CDBG) program, amending and reordaining certain sections of the 2008-2009
Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 157.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38390-
031609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
LEASES-ZOO: The City Manager submitted a written communication
recommending amending the lease agreement between the City of Roanoke and the
Blue Ridge Zoological Society of Virginia, Inc., in order to change the date of future
payments from the City.
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(For full text, see communication on file in the City Clerk's Office.)
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Council Member Trinkle offered the following ordinance:
(#38391-031609) AN ORDINANCE authorizing the City Manager to execute
Amendment No.1 to the Lease and Agreement dated January 1, 2007, between the
City of Roanoke and the Blue Ridge Zoological Society of Virginia, Inc., upon certain
terms and conditions; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 158.)
Council Member Trinkle moved the adoption of Ordinance No. 38391-031609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
PARKING FACILITIES-FEE COMPENDIUM: The City Manager submitted a
written communication recommending amending Resolution 38058-042108 in order to
change certain parking fees charged at the Campbell Garage, and Fee Compendium to
reflect such amended fees, effective April 1,2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38392-031609) A RESOLUTION amending and reordaining Resolution No.
38058-042108 in order to amend the parking fees charged at Campbell Garage;
establishing an effective date; and directing amendment of the Fee Compendium.
(For full text of resolution, see Resolution Book No. 73, page 159.)
Council Member Mason moved the adoption of Resolution No. 38392-031609.
The motion was seconded by Council Member Cutler.
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In response to the question regarding the low usage of the Campbell Avenue I
Parking Garage, Ms. Burcham replied that although the Garage has not generated to
date the revenues anticipated, it is hoped that proposed changes would encourage its
use. She pointed out that the Gainsboro Garage had a lower rate structure, and
obviously people who were price conscious would rather park there first, consequently
the Gainsboro Garage is now full and in fact during the budget deliberations, they would
probably recommend that the Council increase the fee at that garage, effective with the
beginning of the fiscal year. She added that it would seem appropriate to reduce the
rate at the Campbell Avenue Garage to encourage those individuals who were very
price conscious to go to a garage that had a lower rate than the standard rate in
downtown. She thought that it was a good decision to locate it along Campbell Avenue
at the upper end as they tried to move and push development of the downtown area
further out, and over time she thought they would see a greater occupancy.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38392-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
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TRAFFIC-STATE HIGHWAYS: The City Manager submitted a written
communication recommending appropriation of funds in connection with the Virginia
Department of Transportation revenue sharing project awards to improve traffic flow and
pedestrian safety citywide.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following budget ordinance:
(#38393-031609) AN ORDINANCE to appropriate funding from the Virginia
Department of Transportation's Commonwealth Transportation Board to the FY10
Traffic Signals project, amending and re-ordaining certain sections of the 2008-2009
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 161.)
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Council Member Cutler moved the adoption of Budget Ordinance No. 38393-
031609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
SCHOOLS-EQUIPMENT: The City Manager submitted a written communication
recommending de-appropriation of funds for replacement of Roanoke City Schools'
playground equipment.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38394-031609) AN ORDINANCE to de-appropriate funding from the Roanoke
City School Board for replacement and upgrades of school playgrounds, amending and
re-ordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 161.)
Council Member Mason moved the adoption of Budget Ordinance No. 38394-
031609. The motion was seconded by Council Member Cutler.
Comments were made by the Council regarding the different procurement
processes used by the Schools and the City. The City Attorney was instructed to
provide information to the Council with regard to the State Procurement Act; and the
City Manager was instructed to provide the Council with additional information regarding
the Schools and City's procurement processes.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38394-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
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PENSION-CITY EMPLOYEES: The City Manager submitted a written I
communication recommending concurrence in suspension of the City's matching
retirement contribution for Fiscal Year 2009, effective April 1 ,2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38395-031609) A RESOLUTION suspending the City's matching ICMA
retirement contribution beginning April 1, 2009.
(For full text of resolution, see Resolution Book No. 73, page 162.)
Council Member Mason moved the adoption of Resolution No. 38395-031609.
The motion was seconded by Council Member Cutler.
In response to an inquiry as to the amount of savings to the City due to the
suspension of the ICMA program, the City Manager implied that within an entire fiscal
year, savings to the City would be slightly over $1 million, adding that in order to meet
the revenue shortfall for the 2008-2009 fiscal year, staff was recommending
acceleration of the suspension of employer matching retirement contribution effective
April 1 which would result in a savings of approximately $278,000.00 in the current fiscal I
year, and thereafter, suspend for the entire 2010 Fiscal Year.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38395-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
COMMENTS BY CITY MANAGER:
SCHOOLS-TRAFFIC-BUDGET: The City Manager responded to an earlier
citizen comment regarding the City's contribution to the budget gap that schools are
experiencing. She explained that while there is roughly a $13 million revenue gap for
the schools, the City's responsibility is $1.6 million. She added that the lion's share of
the schools' gap is loss of state funds and sales tax they receive.
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In addition, regarding an earlier citizen question about money for the Safe Routes
to Schools program, she said funds originally intended for Forest Park School were not
made available. Also, she stated that the founder of the program required that those
specific funds not be available to other schools. Additionally, she said the City has sent
in a new application to allow Huff Lane to participate in the Safe Routes to Schools
program.
Ms. Burcham announced that VDOT held a public hearing in Roanoke last week
pertaining to closure of 11 rest areas along the 1-81 corridor between Staunton and
Bristol, Virginia. She also said that the City has prepared a letter to VDOT expressing
concern, which she will ask the Council to sign. In addition, she shared that tomorrow
there would be a statewide tornado drill in which the City would participate. Also, she
informed the Council that the City has on its Website a budget survey for completion by
citizens, adding that residents can obtain hard copies of the survey at fire stations and
libraries. Deadline for receipt is Friday, March 20. She also will share a summary of the
responses received thus far with the Council.
Regarding the economic stimulus money from the Federal government, Ms.
Burcham said that Faye Gilchrist, Assistant to the City Manager for Special Projects,
has been the point person to sort through the economic stimulus material, and asked
that the Council contact her, with questions. She also announced that she attended the
NLC 2009 Annual Congressional City Conference in Washington, D. C. on last
weekend, noting that updates were given regarding several issues in the NLC legislative
agenda, including health clinics in schools, mental health and problems in children of
early ages, and teen pregnancy. She also received positive forecasting for funding for
education and programmatic issues related to education, and believe the City will see
major changes in educational requirements, with indications that the "No Child Left
Behind" will be revamped significantly. Finally, she encouraged the Council to attend
legislative forum in future years to hear what other communities are experiencing.
DIRECTOR OF FINANCE:
FINANCIAL REPORT: Director of Finance submitted the Financial Report for the
month of January 2009.
(See the Financial Report on file in the City Clerk's Office.)
In response to Council Member Rosen's inquiry about the status of City's
Pension Fund, the Director of Finance remarked that the Pension Fund over was down
about 30%, which was consistent with what had been reported previously, however, the
good news was that it was holding its own.
Without objection by the Council, the Mayor advised that the Financial Report for
the month of January 2009 would be received and filed.
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REPORTS OF COMMITTEES:
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BUDGET-GRANT-SCHOOLS: The Roanoke City School Board submitted a
written report requesting appropriation of funds for the Mentor Teacher Program and
Title IV-B Addison Community Learning Center; and a report of the Director of finance
recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Rosen offered the following budget ordinance:
(#38396-031609) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments, amending and reordaining certain sections
of the 2008-2009 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 163.)
Council Member Rosen moved the adoption of Resolution .No. 38396-031609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor I
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCE AND
RESOLUTIONS:
HOUSING (FAIR HOUSING BOARD): Due to the lack of Fair Housing Board
meetings, Council Member Mason offered the following ordinance abolishing the Fair
Housing Board:
"AN ORDINANCE abolishing the Fair Housing Board by amending and
reordaining Chapter 16, Human Riqhts, Section 16-147, Definitions, of Article III, Fair
Housinq, Division 1, Generallv; repealing Sections 16-167 through 16-174, inclusive, of
Division 2, Fair Housinq Board; and dispensing with the second reading by title of this
ordinance."
(For full text, see copy of ordinance on file in the City Clerk's Office.)
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Council Member Mason moved that the ordinance be adopted. The motion was
seconded by Council Member Rosen.
Rhonda A. Chewning, 3525 Grandin Road, S. W., Member of the Fair Housing
Board, appeared before the Council and spoke on behalf of Chairman Christy L. Cooper
to request that decision to abolish the Fair Housing Board be postponed for a period of
six weeks in order to allow the Board time to prepare an appropriate response.
Following discussion with regard to the request of Ms. Chewning, Council
Member Mason offered a substitute motion that the Fair Housing Board be offered two
weeks to submit a report to the Council as to their current function and mission. The
motion was seconded by Council Member Cutler and unanimously adopted.
MOTIONS AND MISCELLANEOUS BUSINESS:
COUNCIL-WATER (WESTERN VIRGINIA WATER AUTHORITY): Council
Member Cutler announced that he has tendered his resignation as a City representative
of the Western Virginia Water Authority, the Council of Community Services, Opera
Roanoke, and the Roanoke Valley Cool Cities Coalition.
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YMCA: In response to inquiry from Council Member Rosen regarding the status
of the acquisition of the YMCA property, the Assistant City Manager for Community
Development advised that upon receipt of the contract, the City will place a request to
schedule a public hearing on the matter on the Council's April 6 Consent Agenda; and
thereafter, a public hearing will be held on Monday, April 20, at 7:00 p.m., or as soon
thereafter as the matter may be heard.
At 4:03 p.m., the Council meeting was declared in recess to be reconvened in the
EOC Conference Room, Room 159, for a briefing on the Fiscal Year 2010 Budget and
Closed Meeting.
At 4:19 p.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, Vice-Mayor Lea presiding and all Members of the Council in attendance,
with the exception of Mayor Bowers.
FY 2009-2010 Budqet Development Update
Ann Shawver, Director of Finance, and Sherman Stovall, Director of
Management and Budget, collectively reviewed the following recommended budget
adjustments based upon comments from the Council at its February 13, 2009 Financial
Planning Session. Ms. Shawver pointed out that the net gain in General Fund Revenue
for Fiscal Year 2010 would be approximately $323,000.00 (approximately $200,000.00
for the City of Roanoke, and approximately $120,000.00 for the Roanoke City Public
Schools).
I (See copy of PowerPoint presentation on file in the City Clerk's Office.)
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FY 2009-20 I 0
Budget: Development:
Updat:e
....~~
ROANOKE
March 16, 2009
FY 2010 Budget Status
Upon Conclusion of Feb 13th Financial Planning Session
Revised Revenue Decline (2/13/09) ($5,132,000)
Priority Expenditures (3,345,644)
Budget Gap (8,477,644)
Additional School Funding (3,000,000)
Revised Budget Gap (11,477,644)
Budget Adjustments (2/13/09) 4,053,623
Adjusted Budget Gap. ($7,424,021 )
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Local Tax Update
· Personal Property Tax
- Prior assumptions -10% FY09, -10% FY10
- Updated vehicular information
- Revised assumptions -7% FY09, -10% FY10
- Revenue improvement $512,000
· Business License Tax
- Prior assumptions -2% FY09, -2% FY10
- Tax due date March 1st
- Revenue down 3.7% as of last week
- Revised assumptions -4% FY09, -4% FY10
- Revenue deterioration $489,000
Local Tax Update
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· Bank Stock Tax
- Prior FY1 0 estimate $500,000
- Tax returns in for FY09, estimate for FY1 0 upward
revised to $800,000
· Local Tax Summary
- General Fund net gain $323,000
- City Share $205,000
- School Share $118,000
Note that these items are not reflected in the revenue
amount shown on slide 2.
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State Revenue Update
· Constitutional Officers - $592,000
· HB 599 - $206,000
- These items are not included in the revenue amount
shown on slide 2.
- Final review of General Fund revenues will be
undertaken throughout the remainder of March
- Governor's veto session set for early April
- Personal property revenue updates will continue
through early to mid April
Budget by Category
FY 2009 Adopted Budget $259,894,000
School Operating/Debt Service 70,113,081
Public Safety 61,579,110
Health and Welfare 39,885,030
City Debt Service and Capital 16,724,975
Projects
Dedicated State Revenue 14,652,420
(Not included in categories
above)
Remaining Budget $56,939,384
Basis for Reductions
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Mr. Stovall commented that once again, as previously done in the financial
planning work session, they would refocus on making program and service adjustments,
and would not be using the entire General Fund Budget of $260 million, but
approximately $57 million, or about 22 percent of the total budget. He pointed out that,
if the basis for making the budget reductions was $57 million, and there was a budget
gap of approximately $11.5 million, then the City would essentially look at making
reductions at a level of approximately 20 percent.
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He noted that the $57 million figure included activities such as public works,
parks and recreation, cultural, community development, judicial administration, general
government, and other miscellaneous items. Mr. Stovall pointed out that if the Council
agreed to all of the budget adjustments, the budget would be out of balance by
approximately $2.5 million, which would be within striking distance with the revenue
adjustment. The following budget reduction items were considered by the Council:
Basis - Budget Reductions
· Public Works
· Solid Waste Development, Transportation, Engineering,
Facilities Management, Environmental Management
· Parks. Recreation. and Cultural
· Parks, Recreation, Libraries, Cultural Agency Funding
(Roanoke Arts Commission), Arts Festival
· Community Development
· Planning/Building/Development, Neighborhood Services,
Economic Development, Misc. Contributions
· Judicial Administration
· Commonwealth's Attorney, Sheriff, Clerk of Circuit Court,
Circuit Court Judges Administrative Support, General
District Court Clerk, Juvenile Court Clerk, Juvenile Court
Services, Magistrate
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Basis - Budget Reductions
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· General Government Administration
· Council, City Manager, Support Departments (City Clerk,
Human Resources, City Attorney, Finance, Auditing,
Management and Budget, Communications, etc.), Treasurer,
Commissioner of the Revenue,
· Other
· Public Transportation (Valley Metro), Civic Center Support,
Contingency
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Budget Adjustments
Accepted by Council
· Financial Plannina Work Session (2/13/09)
· Pass State Reductions (Compensation Board) to
Constitutional Offices - $574,000
· Elimination of Arts Festival- $137,867
. Reduction of Law Clerk (Circuit Court Judges) - $49,200
· Reduce Outside Agency Funding - $64,000
· 2% reduction based on contraction of total General Fund
Revenue
· Elimination of Annual Report - $29,500
· Fire-EMS Employee Pagers - $29,510
· Fire-EMS REMS Subsidy - $80,000
· Reduce Law Library Operation - $58,700
· Suspend Library Bookmobile Operation - $60,000
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With regard to the 10 percent reduction in the Regional Economic Partnership,
Council Member Rosen hated to see cutting money on economic development,
however, the City Manager interjected that the Partnership had offered the reduction to
all the jurisdictions, adding that the City indicated to the Partnership during its Executive
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Committee a few weeks ago that localities were going to be hard pressed to meet that
commitment; and they are anticipating that they will have some reduction from the
business community and since they are suppose to be matching one another; they are
willing to offer the 10 percent.
Budget Adjustments
Accepted by Council
· Financial PlanninQ Work Session (2/13/09)
· Close Fitness Centers - $73,480
· Eliminate Police Mounted Patrol - $251,410
· Suspend Police Cadet Program - $41,173
· Eliminate Local Match for Social Service State and Local
Hospitalization Program - $61,626
· State eliminated program
· Suspend ICMA Match - $1,068,000
· Suspend Flexible Spending Match (Health Insurance
Reserve - $60,000)
· Reduce Incremental Debt Service Funding - $445,000
· Based on change in debt issuance schedule
· Reduction in Civic Center Subsidy - $450,000
· Unfund or Eliminate 10 positions - $580,157
Adjustments impact approximately 19 positions
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Budget Adjustments
Follow-Up
· Vallev Metro - level of Service
· Stop bus service at 7:45 p.m. - $130.000
. Current service stops at 8:45 p.m.
. Ridership declines after 6:45 p.m.
· Stop Peak-Time Service for Brambleton Ave.
Route and Southeast Roanoke Route - $115.000
. Least productive peak-time routes
· Eliminate last PM Peak-Time trip - $50.000
. PM Peak-Time runs from 3:45 to 6:45
. Buses run in 30 minute intervals
. Stop Peak-Time Service at 6:15
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Budget Adjustments
Follow-Up
. Juvenile Justice Proaram
. Includes Sanctuary(Crisis Intervention) Youth
Haven, Outreach Detention, Substance Abuse,
and Community Service programs
. Program cost - $1.4 million
. State - $.5 million
. Local - $.9 million, with State requiring $.2 million
· Additional local funding of $.7 million above
minimum reauired is used for voluntary early
intervention prior to Court becoming involved,
with most of the funding directed to Sanctuary
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Budget Adjustments
Follow-Up
. Juvenile Justice Proaram
. Funding program at the minimum required local
level will result in the elimination of the ability to
do early intervention
. Because most of the additional local funding is
used to fund Sanctuary, reduction in funding
would result in the closing of the facility due to
staffing requirements
. Adjustment impacts approximately 11 full-time
positions
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The Council requested more information on the Juvenile Justice Program and the
potential impact any reductions would have on the community before making a decision
on the budget adjustments. Council Member Trinkle commented that sometimes
difficult situations afforded opportunities to reinvent certain services and make them
more efficient, as well as address duplication of services.
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Budget Adjustments
Follow-Up
· Aquatics Proaram (Municipal Pools}
· Cost of Program - $138,860 (Net)
· Fallon Park
· Walk-In - 10,776
· Group - 1,319
· Washinaton Park
· Walk-In - 3,446
· Group - 3,314
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Budget Adjustments
Follow-Up
· Aauatics Proaram (MuniciDal Pools)
· Because aquatics program is staffed primarily with
seasonal labo~, reducing hours would not result in
significant savings. Savings result from
suspending the aquatics program
· Reducing hours will not impact non-personnel
related operating expenses
· Impacts 1 full-time position and seasonal hourly
positions
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Budget Adjustments
Follow-Up
· Youth Services
· Cost of Program - $.6 million
· Reduce proaram 25% - $150.000
· Closure of Norwich Community Center
· After School Program, Summer Enrichment
Program, Youth Academy and Open Gym
· Reduction in program activities
· Impacts 2 full-time positions and hourly
positions
Budget Adjustments
Follow-Up
· Youth Services
· Reduce prOQram 50% - $300,000
· Closure of Norwich, Garden City, and Grandin
Court Community Centers
· After School Program, Summer Enrichment
Program, Youth Academy and Open Gym
· Reduction in program activities
· Impacts 3 full-time positions and hourly
positions
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Budget Adjustments
Follow-Up
· Urban Forestrv
· Cost of Program - $.7 million
· Reduce program 25% - $175,000
· Elimination of tree planting
· Reduction in tree pruning from average of 1,500 trees to
1,125
· Reduction in dead tree removal from average of 400 to 300
· Reduction in tree stumps ground from 300 to 225
· Reduction in trimming of roadside trees from 2 miles to
1.5 miles
· Impacts 3 full-time positions and seasonal hourly
positions
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Budget Adjustments
Follow-Up
· Urban Forestrv
· Cost of Program - $.7 million
· Reduce prOQram 50% - $350,000
· Elimination of tree planting
· Reduction in tree pruning from average of 1,500 trees to
600
· Reduction in dead tree removal from average of 400 to 150
· Reduction in tree stumps ground from 300 to 125
· Reduction in trimming of roadside trees from 2 miles to
.75 -1 mile
· Impacts 6 full-time positions and seasonal hourly
positions
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Budget Adjustments
Follow-Up
· Horticulture
· Cost of Program - $.7 million
· Reduce proaram 25% - $175.000
· Eliminate all hanging baskets with exception of
core downtown area
· Eliminate all winter flowering
· Eliminate spring flowering
· Reduce by 50% spring/summer annual flowers
· Change mowing cycle at secondary parks from
10 -14 days to 16-17 days
· Reduce trash collection frequency
· Impacts 3 full-time positions seasonal hourly
positions
Budget Adjustments
Follow-Up
· Horticulture
· Cost of Program - $.7 million
· Reduce proaram 50% - $350.000
· Change mowing cycle in primary parks and
downtown plazas from every 7 days to 14 days
· Change mowing cycle in secondary parks from
every 16-17 days to every 21 days
· Change trash collection in primary parks from 7
days per week to 4 days per week
· Change trash collection in secondary parks
from 6-7 days per week to 3 days per week.
· Impacts 5 full-time positions and seasonal
hourly positions
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Budget Adjustments
Follow-Up
· Athletic Field/Park Mowina
· Cost of Program - $.4 million
· Reduce proaram 25% - $100.000
· Change mowing cycle at secondary locations
from every 10 -14 days to every 16-17 days
· Change mowing cycle at athletic fields from
every 7 days to every 10 days
· Reduce fertilization, aeration, and turf
maintenance by 50%
· Impacts 2 full-time positions and seasonal
hourly positions
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Budget Adjustments
Follow-Up
· Athletic Field/Park Mowina
· Cost of Program - $.4 million
· Reduce proaram 50% - $200.000
· Change mowing cycle at secondary locations
from every 10 -14 days to every 21 days
· Change mowing cycle at athletic fields from
every 7 days to every 14 days
· Eliminate fertilization, aeration, and turf
maintenance
· Impacts 3 full-time positions and seasonal
hourly positions
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Budget Adjustments
Follow-Up
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· Median and Riaht-of-Wav Mowina
· Change mowing cycle at secondary locations from
every 10 -14 days to every 21 days
· Potential savings of $80,000
· Impact 2 full-time positions and seasonal hourly
positions
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Budget Adjustments
Follow-Up
· School Resource Officers
· High Schools
· Can reduce by 2 officers
· Cost of approximately $117,300 based on
average salary
· Schools currently reimburse City for officers
assigned to the high schools
· Middle Schools
· Can reduce by 1 officer based on closing of
Ruffner
· Cost of approximately $58,650 based on average
salary 25
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Budget Adjustments
Follow-Up
· Total potential budget reductions associated
with follow-up items - $2 million - $2.6 million
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Additional Potential
Budget Adjustments
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· Suspend Tuition Reimbursement Program -
$92,600
· Eliminate Loose Leaf Collection. $248,460
· Defer incremental capital funding. $1,010,202
· Eliminate Social Service General Relief
Program - $68,345
· Additional reduction/elimination of funding to
outside agencies - $545,000
· Memberships?
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Additional Potential
Budget Adjustments
-Fire-EMS Positions Assigned to Roanoke County
Clearbrook Station - $242,580
-Unfund/Eliminate 11 Additional Positions - $604,000
-Close branch libraries one day a week - $25,000
Total additional potential budget adjustments - $2.8
million
Impact approximately 20 full-time positions and hourly
positions
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Mr. Stovall stated that they had reviewed all of the items with respect to program
recommendations which included the follow-up list, as well as the new items that were
put on the table for the Council's consideration.
Following discussion, Council Member Cutler moved the adoption of the City's
recommendations with regard to the budget adjustments, with the exception of the
Juvenile Justice Program. The motion was seconded by Council Member Trinkle and
adopted.
Ms. Burcham spoke about the rate history on different taxes which had been
requested by Dr. Trinkle. She and the Director of Finance had reviewed the material on
revenue generation and the history of the tax, and it was their recommendation that the
City consider increasing the prepared food tax, effective with the fiscal year, which
would still be below a half dozen cities that have a higher rate, plus a one percent, and
would be comparable to Bristol, Harrisonburg, Martinsville, etc. Council Member Trinkle
suggested that the City consider making a slight tax increase in all categories.
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I Tax Rate History
Fiscal Real Personal Prepared Transient Cigarette Admissions Admissions
Year Estate Property Food Tax Occupancy Tax/pack Tax Tax - Civic
Tax * Tax Tax Center
2000 $1.21 $3.45 4.0% 6.0% $0.17 5.0% 5.0%
2001 $1.21 $3.45 4.0% 6.0% $0.17 5.0% 5.0%
2002 $1.21 $3.45 4.0%
2003 $1.21 $3.45 4.0%
2004 $1.21 $3.45 4.0% 7.0% $0.27
2005 $1.21 $3.45 4.0% 7.0% $0.27
2006 $1.21 $3.45 7.0% 5.5% 9.0%
2007 $3.45 5.0% 7.0% 5.5% 9.0%
2008 $1.19 $3.45 5.0% 7.0% $0.54 5.5% 9.0%
2009 $1.19 $3.45 5.0% 7.0% $0.54 5.5% 9.0%
'Real Estate Tax had dedined in older years as well. As reference: 1993=$1.25. 1985=$1.33. 1979=$1.50, 1977=$~
All Tax Rate Changes are highlighted: Red indicates decrease, Green indicates increase
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Tax Rate Changes by Year
Fiscal Year Tax Type Increase or Rate Change
of Change Decrease
2002 Transient Occupancy Tax Increased 1.0%
2002 Cigarette Tax Increased $0.10 I pack
2003 Admissions Tax Increased 1.5%
2004 Admissions Tax Decreased -1.0%
2004 Admissions Tax - Civic Increased I New 9.0%
Center
2006 Prepared Food Tax Increased 1.0%
2007 Real Estate Tax Decreased ($0.02) I $100
2007 Cigarette Tax Increased $0.27 I pack
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No changes were made in follov.ing FY: 2000, 2001, 2005, 2008, 2009
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Prepared Food Tax Rates
. The City's Current Tax Rate is 5.0%
. Five of the Seven First Cities rates are Currently 6.5%
. Average of First Cities is 6.2%
. Average of All Cities is 5.2%
. Cities with Tax Rate of 5.5%:
- Chesapeake, Hopewell, Poquoson. and Virginia Beach
. Cities with Tax Rate of 6.0%:
- Bristol, Harrisonburg, Martinsville, Norton, Richmond, and Staunton
. Cities with Tax Rate of 6.5%:
- Emporia, Franklin, Hampton, Lynchburg, Newport News, Norfolk, Portsmouth, and
Suffolk
Prepared Food Tax Revenue
· FY10 Estimated Revenue is $11,792,000
· FY09 Adopted Budget is $12,080,000
· FY09 Projected Revenue is $11,561,000
· FY08 Performance was $11,560,944
· 1.0% Increase in Tax Rate = $2,358,000
· 1.2% Increase in Tax Rate = $2,830,000
· 1.5% Increase in Tax Rate = $3,537,000
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Transient Occupancy Tax Rates
. The City's Current Tax Rate is 7.0%
. Four of the Seven First Cities rates are Currently 8.0%
. Average of First Cities is 7.4%
,. Average of All Cities is 6.0%
. City with Tax Rate of 7.5%:
- Newport News
. Cities with Tax Rate of 8.0%:
- Chesapeake, Colonial Heights, Emporia, Franklin, Hampton, Hopewell, Norfolk,
Portsmouth, Richmond, Suffolk, and Virginia Beach
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Transient Occupancy Tax Revenue
· FY10 Estimated Revenue is $2,928,000
· FY09 Adopted Budget is $2,912,000
· FY09 Projected Revenue is $2,883,000
· FY08 Performance was $2,814,253
· 0.5% Increase in Tax Rate = $209,000
. 1.0% Increase in Tax Rate = $418,000
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Comparison of Local Tax Rates
for Peer Localities - FY 2008
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Real Estate $1.19/ $1.15/ $0.93/ $1.09/ $0.90
$1.07 $0.99 $0.77
Personal Property $3.45 / $4.09 / $3.83 / $3.50/$2.73
$2.66 $3.28 $2.91
Prepared Food 5.0% 6.2% 5.2% 4.0%
Transient Occupancy 7.0% 7.4% 6.0% 5.0%
Cigarette (25 pack) $0.54 $0.56 $0.38 $0.00
Admissions 5.5% /9.0% 8.6% 7.8% 5%
Note: Split rates for Real Estate and Personal Property Taxes denote differences in nominal
and effective tax rates based on assessment/sales ratio and assessment basis, respectively.
35
Due to time constraints, it was the consensus of the Council to continue the
briefing on the budget immediately following the 7:00 p.m. session, and to recess for
Closed Meeting.
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At 6:00 p.m., the Council meeting was declared in recess for Closed Meeting in
the EOC Conference Room, Room 159.
At 6:55 p.m., the Council meeting reconvened in the Council Chamber, Room
450, Vice-Mayor Lea presiding and all the Members of Council in attendance, with the
exception of Council Member Mason and Mayor Bowers.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Cutler moved that each member of City council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters were identified in any motion by which any Closed meeting was
convened were heard discussed or considered by City Council. The motion was
seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Price, Rosen and Vice-Mayor Lea-5.
NAYS: None-O.
(Council Member Mason was not present when the vote was recorded.) (Mayor Bowers I
was absent.)
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ROANOKE REGIONAL AIRPORT COMMISSION: The Vice-Mayor called
attention to a vacancy created by the expiration of the four-year term of office of
J. Granger Macfarlane as a City representative of the Roanoke Regional Airport
Commission on March 9, 2009; whereupon he opened the floor for nominations:
The name of Bittle W. Porterfield, III, was placed in nomination.
There being no further nominations, Mr. Porterfield was appointed as a City
representative of the Roanoke Regional Airport Commission for a four-year term ending
March 9, 2013, by the following vote:
FOR MR. PORTERFIELD: Council Members Trinkle, Cutler, Price, Rosen and
Vice-Mayor Lea-5.
(Council Member Mason was not present when vote was recorded.) (Mayor Bowers
was absent.)
SCHOOLS: Vice-Mayor Lea announced that there are three upcoming
vacancies created by the expiration of three-year terms of office of Jason Bingham, Mae
Huff and Todd Putney as School Board Trustees on June 30, 2009. He stated that only
three applications were received in the City Clerk's Office prior to the March 10, 2009
deadline. Inasmuch as applications were only received from Ms. Huff and Messrs.
Bingham and Putney, it was the consensus of the Council that the City Clerk be
instructed to advertise a public hearing to be scheduled for Monday, April 20, 2009, at
7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen
comments with regard to the reappointment of Ms. Huff and Messrs. Bingham and
Putney as School Board Trustees for terms of three-years, each, ending June 30, 2012.
At 7:03 p.m., the Council meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Vice-Mayor
Sherman P. Lea presiding.
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Gwendolyn W.
Mason, Anita J. Price, Court G. Rosen, and Vice-Mayor Sherman P. Lea-6.
ABSENT: Mayor David A. Bowers-1.
OFFICERS PRESENT Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
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
Vice-Mayor Lea.
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PRESENTATION AND ACKNOWLEDGEMENTS:
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ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following
resolution paying tribute to the Virginia Tech Men's Ice Hockey Team.
(#38397-031609) A RESOLUTION paying tribute to the Virginia Tech Men's Ice
Hockey team for winning the 2008-2009 Atlantic Coast Conference Championship and
claiming the ACC Regular Season Title.
(For full text of resolution, see Resolution Book No. 73, page 164.)
Council Member Cutler moved the adoption of Resolution No. 38397-031609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
Vice-Mayor Lea presented a ceremonial copy of Resolution No. 38397-031609 to I
Michael Spradlin.
NEIGHBORHOOD ASSOCIATION: Keith Hummer, President, Downtown
Neigborhood Association (DNA), appeared before the Council and introduced three
officers of the Board and highlighted the Association's mission and meeting dates.
PUBLIC HEARINGS:
CITY PROPERTY: Pursuant to instruction by the Council, the City Clerk having
advertised a public hearing for Monday, March 16, 2009 at 7:00 p.m. or as soon
thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey
.84 acre parcel of City-owned property to Carilion Medical Center, designated as Tax
Map No. 4040503R, in order for Carilion to meet certain federal property contiguity
requirements. In order to meet its obligation to the U S. Army Corps of Engineers in
connection with the Roanoke River Flood Reduction Project, the City will reserve a
maintenance easement across the parcel, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, March 6, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Manager submitted a written communication recommending execution
of a deed, and any other appropriate documents, approved as to form by the City
Attorney, transferring Tax Parcel 4040503R to Carilion Medical Center, in the amount of
$9,200.00.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
"An Ordinance authorizing the City Manager to execute the necessary
documents providing for the conveyance of an approximately .84 acre parcel of City-
owned property, bearing Official Tax No. 4040503R, to Carilion Medical Center, located
in the South Jefferson Redevelopment Area immediately adjacent to the Roanoke
River, upon certain terms and conditions; and dispensing with the second reading of this
ordinance."
(For full text, see ordinance on file in the City Clerk's Office.)
The Vice-Mayor inquired if there were persons present who wished to speak on
the matter. There being none, the Vice-Mayor declared the public hearing closed.
Council Member Trinkle advised that he would abstain from voting since he was
employed with Carilion Medical Center.
Inasmuch as the ordinance requires a majority vote for passage, Council
Member Cutler offered a substitute motion that action on the item be laid on the table
until next regular meeting of the Council scheduled for Monday, April 6, 2009, at
2:00 p.m. The motion was seconded by Council Member Rosen and adopted.
CITY MARKET BUILDING-LEASES: Pursuant to instructions by the Council,
the City Clerk having advertised a public hearing for Monday, March 16, 2009, at
7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of
Roanoke to lease the following spaces of City-owned property located in the Roanoke
City Market Building located at 32 Market Square, Roanoke, Virginia, each on a month
to month term basis, not to exceed twelve months.
1. To Easter P. Moses, owner of Gone CoCo, LLC, approximately 742
square feet of space to be used as a retail business, beginning April 1,
2009;
2. To C. Roger Lamm, III, d/b/a Big Lick Pizza Co., approximately 680
square feet of space to be used as a food court business, beginning
March 17,2009, the matter was before the body.
42
Legal advertisement of the public hearing was published in The Roanoke Times I
and Friday, March 6, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Gone CoCo, LLC, subject to approval
as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38398-031609) AN ORDINANCE authorizing the City Manager to execute a
lease agreement with Gone Co-Co, LLC, for approximately 742 square feet of space in
the City Market Building for a month-to-month term, effective April 1, 2009, not to
exceed twelve (12) months; and dispensing with the second reading of this ordinance
by title.
(For full text of ordinance, see Ordinance Book No. 73, page 165.)
Council Member Cutler moved the adoption of Ordinance No. 38398-031609. I
The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the public hearing was declared closed.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38398-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Big Lick Pizza Co., subject to approval
as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Rosen offered the following ordinance:
(#38399-031609) AN ORDINANCE authorizing the City Manager to execute a
lease agreement with C. Roger Lamm, III, d/b/a Big Lick Pizza Co., for approximately
680 square feet of space in the City Market Building for a month-to-month term,
effective March 17, 2009, not to exceed twelve (12) months; and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 166.)
Council Member Rosen moved the adoption of Ordinance No. 38399-031609.
The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the public hearing was declared closed.
There being no questions and/or comments by the Council Members Ordinance
No. 38399-031609 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Vice-Mayor
Lea-6.
NAYS: None-O.
(Mayor Bowers was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 7:30 p.m., the Vice-Mayor declared the Council meeting in recess to be
reconvened in the Council's Conference Room, Room 451, for continuation of the
briefing on the Fiscal Year 2010 Budget.
CONTINUATION OF THE FISCAL YEAR 2010 BUDGET:
Council Member Mason commented that she was curious about the
disconnection between the School Board's assumptions and the City's assumptions - -
they were using the assumption that revenues would be down 17% in sales tax, and the
City would use one relative to VML. It seemed to her that until there was a common
base line, they would be tripping over one another in terms of trying to come to some
agreement of the School Board's shortage.
44
The Director of Finance commented that she thought that the Council was I
familiar with $15.8 million gap, but mayor may not be familiar with the budget that was
adopted by the School Board. That budget reflected a decrease of about $9.7 million
using the School Board's '09 projection to a 2010 adopted budget, and slide 37
explained how that $15.8 million figure became a $9.3 million figure, which reflected a
budget to budget comparison which was a consistent methodology used by the City.
She commented that the $15.8 million figure was an amount used by the School Board
early in its budget stage when it knew that it had declining revenues as well as certain
escalating expenditures. She advised that when you move from an adopted budget to
an adopted budget, you don't want to double count, and once you adjust for the
expenditure side in order to stay in balance, the overall budget for next year would be
down to $13 million.
Council Member Mason asked what was included in the $2.8 million figure. Ms.
Shawver stated that there was $1.5 million in additional medical insurance costs
(employee medical plan), $1 million of perceived additional debt service needs, and
$300,000.00 of additional contractual expenses for inflationary type expenditures.
Ms. Shawver pointed out that further understanding was needed with regard to
the $1 million figure in cost escalation in debt payments used by the School Board
because their current fiscal '09 budget had enough money to cover next year's debt
services. In addition, there were some differences in the results of using the funding I
formula tool that was available on the Department of Education's website for calculating
State aid, but currently it appeared that there may be about $0.5 million in additional
funding available.
The City Manager interjected that the guidance from the Federal and State
governments was not necessarily clear regarding the $4.4 million in stimulus funds that
the Senate included in its budget for next year to reduce the gap that had been created
by the Governor, and she thought that the School Board had wisely been extra
conservative up to this point because of the uncertainty of whether or not these funds
would be available after two years.
Ms. Shawver also pointed out that there was a slight difference between the
City's and the School Board's perspective on their sales tax report estimation.
Council Member Price asked if there had been any discussion with the School
Board regarding sharing insurance between the City and the School system. Ms.
Burcham advised that they discussed the health insurance, but they came to a parting
of the at the last minute, and she felt that Dr. Bishop's intervention actually ended up
costing the City more money. A joint agreement was entered into with Anthem for
another year, and she felt that Mr. Baker and others had ideas about perhaps changing
the health insurance plan in another year when they consider other changes to their
compensation of benefits package.
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Council Member Mason stated that she was uneasy about the imbalance and
assumptions and was looking forward to hearing more after the City's meeting with the
School Board on March 26.
Council Member Trinkle stated that if the City was going to start laying people off
in order to help the School Board, they needed to know what those numbers were. He
suggested that a list be composed of the areas that the City was unclear about and sent
out prior to the joint meeting with the Board on March 26, so that questions could be
asked and answers could be received.
City and School Partnership
. February 13 - City Financial Planning Session
. February 17 - Roanoke City Council directs staff to
provide $3 million additional funding to RCPS
. February 19 - COR/RCPS Finance/Budget Staff review
budget assumptions and discuss balancing status
. February 24 - Joint Services Committee Meeting
. March 12 - COR/RCPS Finance/Budget Staff meet to
discuss RCPS Board Adopted Categorical Budget
. March 16 - City Council Budget Session
. March 19 - Joint Services Committee Meeting
. March 26 - Joint Meeting of City Council and School
Board
36
Status of RepS Budget
Budget "Gap" at Preliminary Stage ($15,797,456)
Expenditure Component $2.800.000
Revenue Component of "Gap" at Preliminary (12,997,456)
Stage
Changes:
Removal of State Aid Contingency 2,000,000
Revision in State Aid Estimate 1 ,434,789
Other Changes 221.041
Revenue Budget "Gap" at Board Adopted Stage* ($9,341,626)
. - Reflects FY10 Adopted Budget vs FY09 Adopted Budget
37
46
State Funding Analysis
I
· FY09 adopted budget $63.2M. FY10 adopted
budget $58.8M, decrease $4.4M.
· Potential revisions to State Aid:
- City Staff estimate additional $526,000 under Senate
formula
- Funding to RCPS using latest DOE formulas could
provide another $141 ,000
- School Board adopted amount excludes Stabilization
funding of $4.4 million
· School estimate for Sales Tax $10M
- City Staff consider estimate to be low at 21 % less
than FY09 adopted revenue
- Sales tax up nearly 1 % through December FY08
38
K-12 Stimulus Funding
· Significant uncertainty as to how stimulus
funding may be utilized by localities and how
much limitation is placed by federal government
- Stabilization funding - $4.4M
- Funding of Title I and IDEA (Special Education)-
nearly $8M
· Staff keeping apprised of information from VML,
Virginia First Cities, VaCo and other localities as
to stimulus applicability
· Finalization in early to mid April following
Governor's veto session
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Expenditures
· City budgets medical insurance costs to seek
expected level of claims - Schools approach
builds in more conservatism, thus higher cost
· Debt service budget appears to be fully funded
in FY09, mitigating need for additional $945,000
· City more formal approach toward fiscal
management of retiree medical by using trust
mechanism with lower annual contribution
· Schools planning to subsidize School Food
Service Fund for the first time in FY10
40
Ms. Shawver referred to the slide regarding the food services fund, and stated
that the Schools planned to subsidize the school food service for the first time, they
would need a general fund subsidy of about $700,000.00 which represented a
significant increase in the percentage of children who qualified for free or reduced
lunches - - it has increased by 15% (from 63% to 78%).
Council Member Rosen stated that this struck him as a significant problem for the
City when trying to recruit business to the area, and felt that the City needed to address
this problem somehow.
Ms. Shawver pointed out that in 2010, the Schools would adopt an athletics fund
for the first time; it would be included in the budget and funded mostly by the General
Fund, and admission fees. She stated that a report would be brought to the Council in
the future to formally adopt and create the athletics fund in 2009.
48
Athletics and Food Services Funds
I
· Consolidated approach used for
assessment of gap
· Budgets adopted by fund at March 3rd
School Board Meeting
- School Fund - $133.6M ($142.9M in FY09
and included School Athletics)
- School Food Service Fund - $5.8M ($5.4M in
FY09)
- Athletics Fund (new for FY10) - $1.1 M
41
Next Steps
· Continuing assessment of stimulus impact
· Development of policies and procedures to
support deviation from funding formula
· Governor's veto session in April
· Continued development of local tax trends
affecting both City and Schools
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42
There being no further comments or questions, the Vice-Mayor declared the
meeting in recess at 8:20 p.m., to be reconvened on Thursday, March 26, 2009, at
12:00 Noon in the EOC Conference Room, Room 159, for a joint meeting of the Council
and Roanoke City School Board to discuss budgetary issues.
On Thursday, March 26, 2009, the recessed meeting reconvened in the EOC
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., for the purpose of a joint meeting with the Council and the Roanoke City School I
Board to discuss budgetary issues, with Mayor David A. Bowers and Chairman David B.
Carson, presiding.
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COUNCIL MEMBERS PRESENT David B. Trinkle, M. Rupert Cutler, Sherman P.
Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen and Mayor David A.
Bowers-7.
COUNCIL MEMBERS ABSENT: None-O.
The Mayor advised that a quorum was present.
SCHOOL BOARD TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff,
Suzanne P. Moore, Courtney A. Penn, Todd A. Putney, Lori E. Vaught and Chairman
David B. CarsonO-7.
SCHOOL BOARD TRUSTEES ABSENT: None.
OTHERS PRESENT: Representing City of Roanoke: Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance;
Stephanie M. Moon, City Clerk; R. Brian Townsend, Assistant City Manager for
Community Development; James Grigsby, Assistant City Manager for Operation; and
Sherman M. Stovall, Director, Management and Budge. Representing Roanoke City
Public Schools: Dr. Rita D. Bishop, Superintendent; Dr. Curt Baker, Deputy
Superintendent; Cindy H. Poulton, Clerk of the Board; and Timothy R. Spencer, Legal
Counsel to the Board.
COUNCIL-SCHOOLS: Mayor Bowes welcomed everyone to the meeting and
called upon Chairman Carson for remarks.
The Chairman noted that the School Division was at a crossroads in terms of
where it is and where it is going, and in order to maintain the momentum, the Division
needed assistance from the City. He remarked that an overview of the budget would be
presented by the Deputy Superintendent, followed by a request from the
Superintendent, and thereafter, an overview of the use of funds for an additional
request, as well as time constraints pressing the administration. In closing, he stated
that 90 percent of the Division's expenses are personnel and any cuts to personnel
would have to include teachers.
The Deputy Superintendent reviewed details of the four sources of revenue that
consists of State funds, State sales tax, City funds and new stimulus monies allocated
to the Division by the State as part of the American Recovery and Reinvestment Act
and added the final revenue number from State funds which would be available in May
following determination of the Division's average daily membership.
(See copy of School presentation on file in the City Clerk's Office.)
50
Dr. Baker further advised that on March 25, the Superintendent participated in a I
conference call with the State Superintendent who provided information regarding the
rules governing the use of the $4.4 million in stimulus monies and additional funding for
Title 1-A and IDEA. He stated that this money, in addition to the improved sales tax
revenue increased the Division's revenue forecast by $5.1 million. Dr. Bishop
emphasized that the additional monies under Title 1-A and IDEA must be used
exclusively according to the current requirements for use of these funds and cannot be
used to improve the operating budget. She stated that her plan is focused on improving
the instructional program by using the new stimulus monies under Title 1-A to
implement a teacher mentor program and increase the number of instructional coaches
at the 13 Title 1 schools.
Regarding the Division's free and reduced lunch population based on the State
average of 39 percent, the Superintendent stated that the Division's current rate is 68
percent and there are schools that exceed that percentage. The Deputy Superintendent
explained the differences in the budget developed by the Schools as compared to the
budget analysis by the Director of Finance in the areas of State aid (a more
conservative calculation of average daily membership, or student enrollment), State
sales tax (conservative estimates based on declining trends since December), medical
insurance (based on actual claims filed), and debt service. Dr. Baker noted that the
Division's cost saving efforts total $3.5 million, which include the closure of
consolidation of four schools and a reduction of 42 teachers. Dr. Bishop indicated that if I
the shortfall is remedied, class size ratios would improve reduction in some classes
from 29 to 19 students and restore 31 teachers, three school nurses, three guidance
counselors, four intervention specialists and 40 teaching assistants. In addition, she
pointed out that $70,000.00 was invested last year in recruiting some of the best
teachers to the Division and she did not want to lose them.
(See copy of Superintendent remarks on file in the City Clerk's Office.)
The Chairman reported that the School Board must take action as part of its
April 7 regular meeting on reductions in force and requested Council consider the
request for an additional $3.7 million immediately.
COMMENTS:
Council Member Trinkle stated that the Joint Services Committee has worked to
understand the budget numbers and questions that have been asked are only for
additional clarification as Council is committed to assisting the Schools and appreciates
the cooperative spirit that has been fostered. He further stated that until the City's
budget was more finalized, he was hesitant to give a number, but was willing to attend a
special meeting on April 3 to discuss the matter.
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Council Member Cutler stated that the City is cutting staff in all of its departments
and he asked what cuts were being done by the Schools; whereupon, the
Superintendent advised that in addition to efficiencies in materials, the budget includes
a significant number of personnel cuts in the Central Office and the loss of one middle
school planning period resulting in a reduction of four teachers at the middle schools.
School Trustee Putney interjected that the Division closed two elementary schools and
repurposed two more creating the need to redesign attendance zones that would impact
every level, and the request is about taking care of a Division that needs to improve its
graduation rate, about taking care of a Division that needs to improve its graduation
rate, getting schools accredited, and is in dire need of continuing the forward progress
that is underway. The Chairman added that the Division made a difficult decision to end
the early retirement program in 2009-10 and decided to discontinue the gap payments
for healthcare insurance for retirees after the 2009-10 school year.
In response to inquiry as to whether the 31 teachers included non-renewed
teachers, Dr. Bishop reported that non-renewed teachers have no recall rights.
Question was asked as to how many of the teachers were probationary or first year
teachers and if administrators had recall rights; whereupon, Dr. Bishop noted that she
did not have the breakdown of numbers for probationary versus first year teachers,
adding that administrators do not have recall rights, and there are members of the
administrative staff that will be part of the reduction in force.
Ms. Burcham mentioned that the budget would be discuss at the regular meeting
of the Council scheduled on Monday, April 6 and expressed concern that there would
be needed data from the Schools that was not available. The Director of Finance
offered to compile all of the necessary information should the Council wish to schedule
a special meeting prior to April 6 and suggested April 4 in order to allow an additional
day to collect the materials.
Discussion was held with regard to potential meeting dates for additional
discussion of budgetary issues. The consensus was that the Council would meet on
Saturday, April 4 at 8:30 a.m., to continue budgetary discussions.
At this point, Council Member Trinkle left the meeting (1 :23 p.m.)
The Director of Finance shared her analysis of the Schools' Division budget and
the $3 million gap. She continued to question the State sales tax forecast and was
more optimistic that there would be increases in said area. She agreed that the City
was not familiar with the funding needs for health insurance or the computation for State
aid and suggested that additional discussions regarding debt service be held. Ms.
Shawver pointed out that since the Board's approval of the budget on March 3, the City
had increased its funding to the Schools by $118,000.00 and she anticipated there may
be other adjustments following review of the City's business and personal property
revenues.
52
School Trustee Penn stated that in December 2009, there was a brief discussion I
regarding the Schools' request to enter into an agreement with the City that would
permit the Schools to maintain any value from the buildings that were no longer used for
educational purposes and placed into the Schools' capital fund for other building
enhancements. He asked if there could be continued discussion regarding said
request; whereupon, the City Manager suggested that the Facilities Committee develop
a written document similar to the Joint Services Agreement for approval by the Council
and the School Board, as well as members of the Committee be prepared to discuss,the
item at the next joint meeting.
Following additional questions/and or comments, the Chairman expressed
appreciation for the opportunity to discuss budgetary items between the City and the
Schools and for Council's consideration of the $3.7 million request.
Mayor Bowers recognized the efforts of the City and School personnel in
developing the 2009-10 budgets, and stated that the Council would make every effort to
convene a meeting on either April 3 or 4. He also expressed appreciation to the three
incumbent School Board Trustees for their application for appointment for another three
year term of office with the Roanoke City School Board.
There being no further business, the Chairman declared the joint meeting
adjourned at 2:05 p.m.
At 2:05 p.m., the Mayor declared the meeting in recess to be reconvened in the
EOC Conference Room, Room 159, for continuation of agenda items.
I
COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the performance of four Council.Appointed Officers, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that the Council convene in a Closed Meeting as
abovedescribed. The motion was seconded by Vice-Mayor Lea and adopted by the
following vote:
AYES: Council Member Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
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COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from Council
Member Court G. Rosen requesting that Council convene in a Closed Meeting to
discuss disposition of publicly-owned property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the public body,
pursuantto Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
(See communication on file in the City Clerk's Office.)
Council Member Rosen moved that the Council convene in a Closed Meeting as
abovedescribed. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Member Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
At 2:08 p.m., the recessed meeting was declared in recess for Closed Meeting.
At 2:52 p.m., the recessed meeting was reconvened in the EOC Conference
Room, Room 159, Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Trinkle.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Cutler moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
There being no further business, the meeting was declared in recess until
Saturday, April 4 at 8:30 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., in order to continue discussion of
budgetary issues.
54
Continuation of the March 26, 2009 recessed meeting of the Roanoke City
Council was reconvened on Saturday, April 4, 2009, at 8:30 a.m., in the EOC
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., with Mayor David A. Bowers presiding
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P.
Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared that a quorum was present.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for
Community Development; James Grigsby, Assistant City Manager for Operations;
Sherman M. Stovall, Director, Management and Budget; and Amelia Merchant, Budget
Administrator.
COUNCIL-BUDGET-SCHOOLS: Mayor Bowers welcomed everyone to the
recessed meeting and advised that the purpose of the meeting was to continue
discussion of budgetary items from the recessed meeting which was held on Thursday,
March 26,2009.
CONTINUATION OF DISCUSSION OF BUDGETARY ITEMS:
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FY 2009-2010
Budget Development
Update
~~
ROANOKE
Council Work Session - #4
April 4, 2009
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FY 2010 Budget Status
March 16th April 4th
Revenue Decline ($5,132,000) ($2,797,000)
Priority Expenditures (3,345,644) (2,822,811 )
Budget Gap (8,477,644) (5,619,811)
Budget Adjustments 4,053,623 7,507,937
Revised Budget Gap (4,424,021 ) $1,888,126
2
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Projected Revenue Growth (Decline)
FY 2010 Revenue Estimates
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Revised (February) Recommended (April)
Category $ Revised Growth! Decline % Growth! $ Revised Growth! Decline % Growth!
(Decline) (Decline)
Real Estate Tax $1,046,000 1.3% $1,046,000 1.3%
Personal Property Tax (3,479,000) (18.2%) (1,854,000) (9.7%)
Public Service Tax 147,000 3.9% 140,000 3.7%
Sales Tax (186,000) (0.9%) 28,000 0.1%
Cigarette Tax (412,000) (13.1%) (412,000) (13.1%)
Recordation (422,000) (33.6%) (440,000) (3S.1%)
Business License (229,000) (1.8%) (720,000) (S.6%)
Prepared Food Tax (288,000) (2.4%) (230,000) (1.9%)
Bank Stock (208,000) (26.0%) 0 0%
Telecommunications Tax (340,000) (4.3%) (SOO,OOO) (6.3%)
Other Local Taxes 17,000 0.1% 99,000 (0.6%)
Fines and Forfeitures (117,000) (7.6%) (99,000) (6.4%)
tnter90vernmental (476,000) (0.7%) S83,000 0.8%)
Charges for Services (88,000) (0.8%) (118,000) (1.1%)
Other Revenues (97,000) (3.8%) (320,000) (12.4%)
Total ($S,132,000) (2.0%) ($2,797,000) (1.1%)
3
Changes in FY10 Revenue Estimates
Revised to Recommended
I
Category Revision to
Estimate
Revenue Decline Adopted FY09 to ($5,132,000)
Revised FY10
General Property Tax 1,668,000
Other Local Taxes (157,000)
Revenue from Use of Money and Property (149,000)
Grants in Aid Commonwealth 1,059,000
Other Revenues (86000)
Total Revisions $2,335,000
Revenue Decline Adopted FY09 to ($2,797,000)
Recommended FY10
4
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Priority Expenditures
March 16 April 4th
School Funding
Debt Service Fu nding
Medical Insurance
Dental Insurance
Workers' Compensation
Turnover Savings Reduction
Capital Funding
Budget Adjustments
(Inflationary costs and other
adjustments)
Total
($1,587,558)
945,000
796,000
17 ,000
750,000
750,000
1,010,202
665,000
$3,345,644
* (1,047,523)
500,000
796,000
17,000
750,000
750,000
o
1,057,334
$2,822,811
-Change in local funding of $540,035. Schools had previously
accounted for $118,00 of change, resulting in adjustment to School
budget of $422,035 5
Budget Adjustments
Accepted by Council
· General Proarams
· Elimination of Arts Festival- $137,867
· Civic Center Subsidy - $450,000
· Circuit Court Judges - $49,200
· Reduction of one Law Clerk
· Reduce Outside Agency Funding - $609,000
· 20% reduction or elimination of funding
· Eliminate Publication of Annual Report - $29,500
· Valley Metro (GRTC) - $295,000
· Stop bus service at 7:45 p.m.
· Eliminate last PM Peak-Time Trip
· Stop Peak-Time Service for Brambleton Ave. and
Southeast Roanoke Routes - Least productive peak time
routes 6
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Alternative - Valley Metro
· Valley Metro (GRTC) - $295,000
· Revised Recommendation
· Stop Peak-Time Service for Brambleton
Ave. and Southeast Roanoke Routes -
Least productive peak time routes
· Increase Smart Way one-way fare from $3-
$5 and monthly fare from $100 to $120
· Implement administrative revisions
Budget Adjustments
Accepted by Council
· Emplovee Proarams
· ICMA Savings Plan Match - $1,068,000
· Tuition Reimbursement - $92,600
· Training - $44,637
· Economic Development
· Outsource Statistical Compilation - $87,765
· Fire-EMS
· Clearbrook Station Support - $242,580
· Roanoke Emergency Medical Services (REMS)
Support - $80,000
· Employee Pagers - $29,510
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Budget Adjustments
Accepted by Council
· Libraries
· Suspend Bookmobile - $60,000
· Close Branch Libraries (One day a week) - $25,000
· Reduce Law Library Support - $41,335
· Restructure Virginia Room Staffing Compliment-
$46,342
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Budget Adjustments
Accepted by Council
· Parks and Recreation
· Suspend Aquatics Program - $202,867
· Close Community Fitness Centers - $110,929
· Horticulture and Beautification - $327,748
. 50% reduction in activity
· Athletic Field/Park Mowing - $267,898
· 50% reduction in activity
· Urban Forestry - $310,250
. 50% reduction in activity
· Youth Services - $288,060
. 50% reduction in activity
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10
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Budget Adjustments
Accepted by Cou ncil
· Police
· Suspend Police Cadet Program - $41,173
· Eliminate Mounted Patrol - $251,410
· Middle School Resource Officer - $44,637
· Closing of Ruffner
· High School Resource Officers
. Reduction of one position at Fleming and Patrick Henry
High School
. No savings to General Fund
Budget Adjustments
Accepted by Council
· Social Service Proarams
· General Relief. $68,345
. Payments of $75 per month for eligible expenses
· State and Local Hospitalization. $61,626
· Local Match - State Eliminated Program
· Technoloav
· Outsourcing of second shift computer operations
. $118,960
· Restructuring of staffing requirements for FAIT
project - $46,016
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Budget Adjustments
Accepted by Council
· Transportation
· Eliminate Loose Leat Collection - $248,460
· Median and Right-ot-Way Mowing - $80,000
. Change frequency of mowing cycle
· Position Adjustments - Program Reductions
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General Position Adjustments
. 24 Positions - $1.122.582
. Billings and Collections - 1
. Building Maintenance - 2
. City Clerk - 1
. City Manager - 1
. Clerk of Circuit Court - 1
. Custodial Services - 6
. Engineering/Environmental
Management - 1
. Finance - 1
Total Position Adjustments - 72 Positions
Note:
Since FY 2001, 382 oositions have been eliminated, with 258 of
the positions associated with the creation of the Roanoke Valley
Detention Center, Water Authority, and private management of
the Civic Center
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. Libraries - 1
. Communications - 1
. Parks/Recreation - 1
. Planning/Building/Development - 2
. Public Works - 1
. Purchasing - 2
. Real Estate Valuation - 1
. Technology 1
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Potential Additional Reductions
· Sheriff
· Reduction equivalent to resources associated
with Law Enforcement activity - $176,584
· Treasurer
· Reduction in part-time (hourly) position funding
designated to assist with FAIT project - $21,530
· Commissioner of the Revenue
· Reduction in part-time (hourly) position funding
designated to assist with FAIT project - $32,295
· Motor Fuels
· Reduction in motor fuels expense based on
projected cost - $200,000
Potential Additional Reductions
· Communications - $19.635
· Lower quality paper for Citizen Magazine and
publishing employee newsletters in digital format
- $19,635
· leaislative Liaison
· Eliminate contracted services, with City Attorney
assuming legislative liaison responsibilities -
$50,500
· Animal Control - SPCA Contract
· Reduction of 4.59% - $28,096
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Roanoke City Public Schools
Unfunded Priority Needs
63
Description Cost
31 Teachers 1,860,000
3 Nurse positions 158,000
3 Guidance Counselors and 432,000
4 Intervention Specialists
40 Teaching Assistants 941,000
Restore Summer School 321,000
Program
Total 3,712,000
Source - City Council - School Board meeting on March 26, 2009 17
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Roanoke City Public Schools
Unfunded Priority Needs
(With Budget Adjustments)
Identified Unfunded Priority Needs $3,712,000
Change - School Sales Tax Estimate (300,000)
Change - State Basic Aid - Based on ADM
Change- Local Funding (422,035)
Unfunded Priority Needs $2.989,965
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Prepared Food Tax Revenue
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· FY10 Estimated Revenue is $11,850,000
· 0.5% Increase in Tax Rate = $1,185,000
· 1.0% Increase in Tax Rate = $2,370,000
· Impact of 0.5% increase on a $10 meal = $.05
· Impact of 1.0% increase on a $10 meal = $.10
19
Prepared Food Tax Rates
I
. The City's Current Tax Rate is 5.0%
. Five of the Seven First Cities rates are Currently 6.5%
. Average of First Cities is 6.2%
. Average of All Cities is 5.2%
. Cities with Tax Rate of 5.5%:
- Chesapeake, Hopewell, Poquoson, and Virginia Beach
. Cities with Tax Rate of 6.0%:
- Bristol, Harrisonburg, Martinsville, Norton, Richmond, and Staunton
. Cities with Tax Rate of 6.5%:
- Emporia, Franklin, Hampton, Lynchburg, Newport News, Norfolk, Portsmouth, and
Suffolk
20
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Transient Occupancy Tax Revenue
· FY10 Estimated Revenue is $2,957,000
· 0.5% Increase in Tax Rate = $211,000
· 1.0% Increase in Tax Rate = $422,000
21
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Transient Occupancy Tax Rates
. The City's Current Tax Rate is 7.0%
. Four of the Seven First Cities rates are Currently 8.0%
. Average of First Cities is 7.4%
. Average of All Cities is 6.0%
. City with Tax Rate of 7.5%:
- Newport News
. Cities with Tax Rate of 8.0%:
- Chesapeake, Colonial Heights, Emporia, Franklin. Hampton, Hopewell, Norfolk,
Portsmouth, Richmond, Suffolk, and Virginia Beach
22
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COMMENTS:
Continued discussion of the joint meeting of Council and the Roanoke City
School Board held on Thursday, March 26, 2009, with regard to the possibility of the
City providing additional funding to the School Division to assist with its budget shortfall.
Council Member Trinkle shared an update regarding the joint services committee
meeting, noting that a draft agreement was favored by the majority of the School Board
whereby the City would provide the School Division $1.5 million, along with an
additional $500,000.00 which was from current fiscal year as well as $1 million next
fiscal year (2010), $1.5 million in Fiscal Year 2011, $2 million in Fiscal Year 2012, and
$2.5 million in Fiscal Year 2013, which will be above the funding formula. Indepth
discussion ensued regarding the funding. Council Members Mason and Price wanted to
make certain that enough funding would be available to retain teachers, nurses,
counselors, etc.
There was separate discussion concerning the Fiscal Year 2010 budget
reductions. Sherman M. Stovall, Director of Management and Budget outlined
reductions previously reviewed and affirmed by the Council. Several Council Members
expressed concern with regard to reductions/eliminations of various programs. The
Council suggested that certain funding be restored, such as funds to Roanoke
Emergency Medical Services and the opening of the two public pools; and the reduction I
of the Roanoke Regional Partnership be five percent. Following additional concerns by
the Council, Council Member Trinkle offered a motion to fund outside agencies as
recommended by the City Manager, with the exception of the Roanoke Regional
Partnership. The motion was seconded by Council Member Rosen and adopted, with
Council Members Cutler and Mason and Mayor Bowers voting no.
Discussion was held regarding reduction in City work force. Comment was made
that inasmuch the School Division was not cutting positions; the City should not either
so as not to put public safety at risk. It was the consensus of the Council to suspend,
not eliminate the Mounted Patrol program, as well as not eliminate certain summer
school programs. After indepth discussion, Council Member Cutler moved that City
programs as recommended by the City Manager be suspended. The motion was
seconded by Council Member Rosen and adopted, with Mayor Bowers voting no.
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Following discussion regarding the Council's budget, Council Member Mason
offered a motion to have Council's salaries returned to the 2007 amounts, eliminate
funds for meals relating to joint meetings of the Council, and funds for training and
development be reduced by half, adding that the City Attorney prepare the appropriate
measure reflecting the reduction in salaries. Vice-Mayor Lea noted that inasmuch as he
is called upon to attend various functions in the Mayor's stead, he was not supportive of
the removal of the Vice-Mayor's stipend. There being no additional comments by the
Council, the motion was seconded by Council Member Cutler and adopted, with Vice-
Mayor Lea voting no.
Having previously discussed additional funding for the Roanoke City Public
Schools, and following continued discussion of the matter, Council Member Trinkle
offered a motion to continue funding formula ($1,047,000.00), plus $500,000.00, as well
as an additional $500,000.00 from contingency plan if necessary, depending upon the
certified ADM from the Schools, which is to be revisited after 30 days. The motion was
seconded by Council Member Cutler.
Inasmuch as she is an employee of the Roanoke City Public Schools, Council
Member Price read the following disclosure statement:
"Council will be discussing the budget of the School Board today. I am an
employee of the School Board, and thus will be affected by Council's
decisions on the budget. However, I believe that I can participate in the
discussion fairly, objectively, and in the public interest, and intend to do
so, as permitted by the Virginia State and Local Government Conflict of
Interests Act."
There being no additional comments, the motion was unanimously adopted.
There being no further business to come before the Council, the continued
recessed meeting was adjourned at 12:25 p.m.
APPROVED
ATTEST:
~'rn. ~w
Stephanie M. Moon, CMC
City Clerk
~
Davia
Mayor
68
ROANOKE CITY COUNCIL-REGULAR SESSION
I
April 6, 2009
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, April 6,
2009, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Chapter 2, Administration. Article II, Citv Council, Section 2-15, Rules of Procedure,
Rule 1, ReQular Meetings, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 38150-070708 adopted by the Council on Monday, July 7,
2008.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W.
Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, Cijy Manager; William M. I
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.
COMMITTEES-CITY COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Vice-
Mayor Lea and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-O.
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CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss a personnel matter, being the performance of a Council-Appointed
Officer, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was
before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council convene in Closed Meeting as
above described. The motion was seconded by Council Member Cutler and adopted by
the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-O.
CITY COUNCIL: A communication from the City Attorney requesting that Council
convene in a Closed Meeting for consultation with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-
3711 (A)(7), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the City
Attorney to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers- 7.
NAYS: None-O.
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from City
Manager requesting that Council convene in a Closed Meeting to discuss disposition of
publicly owned property, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant to Section
2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
70
Council Member Cutler moved that Council concur in the request of the City I
Manager to convene in Closed Meeting as abovedescribed. The motion was seconded
by Council Member Mason and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers- 7.
NAYS: None-O.
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CITY SCHOOL BOARD SCHEDULED FOR MONDAY, MAY 4,2009, AT
9:00 AM., IN MEDIA CENTER, WILLIAM FLEMING HIGH SCHOOL AND JOINT
MEETING OF COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY AT
12:00 P.M., IN ROOM 159. Agenda items were to be forwarded to the City Clerk or
the City Manager by April 28, 2009. Transportation would be arranged by the City
Manager for the Council and Officers to attend the joint meeting' at William
Fleming High School.
ITEMS 'mED' ON ,THE 2:00 r/p.M.. COdNCIL DOCKET REQUIRING
DISCUSSIO ",' ~i;F1CAtI6N\AND"AD0tT+()NS/DEtETIONS 'TO :THE 2:00 P.M.
AGENDA NcfNE\(":~~gJ:;u,~, ", !ft. ,'~(..;", 'D~)!\', >;~" '
. , ~~"f:,;~'::/r}';' ' "J' .~',:;:,C' .., '::.. I
TOPIC:SjF.GR'DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
~f,~!,,'- )~: ;,.,~" " . ",':,!." '
· ~pdat~' '(jhvacatioo oL Stat~" offices housed in the "Commonwealth
B,uilding. ,
Issue to be discussed hi May 2009.
BRI EFI NGS: ", ,',
\
LICK RUN GREENWAY\TINKER CREEK GREENWAY
Donnie Underwood, Parks and Greenways Planner, and Charlie Denny of Alta
Planning gave a presentation highlighting the following:
I
11"'.:'
I
Project Partners
· Roanoke Department of Parks and
Recreation
· Alta Planning + Design
· Trail Advisory Group
- Roanoke Planning, Engineering and Transportation
Departments
- Roanoke Valley Greenway Commission
- Roanoke Valley-Alleghany Regional Commission
- Roanoke County Parks and Recreation
.. .
- Virginia Department of Transportation
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72
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74
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76
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78
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I
(See powerpoint on file in the City Clerk's Office.)
It was recommended that the Lick Run Greenway be extended by creating a
corridor that follows the west side ofl-581 to Hershberger Road, connecting with
Ferncliff Avenue toward William Fleming High School, and ending at Peters Creek I
Road.
Comments:
Council Member Trinkle inquired if it was possible to connect the greenway to the
Roanoke County Recreation Center as well as Carvins Cove; whereupon, Mr. Denny
advised that they did identify other corridors that could be future projects. The Assistant
City Manager for Operations pointed out that the Tinker Creek greenway already
connects to the Carvins Cove area.
The Assistant City Manager for Community Development announced that the
next step would consist of a public hearing to be advertised in the local newspaper and
the neighborhood organizations in the area would be notified, which would set the
framework for future planning for the corridor.
Following additional comments from Council Members, it was the consensus of
the Council to move forward with the Lick Run Greenway Phase III Feasibility Study as
an addendum to the 2007 Update to the Roanoke Valley Conceptual Greenway Plan as
part of Roanoke's Comprehensive Plan, as well as schedule a public hearing to be held
at the regular meeting of the Council on Monday, April 20, 2009, at 7:00 p.m., or as
soon thereafter as the matter may be heard.
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81
Mr. Underwood assisted by Taylor Gould and Chris McKnight of MMM Design,
shared the following presentation highlighting the Roanoke River and Tinker Creek
Feasibility Study.
Project Area
.The Study Area is a 2 mile corridor at the eastern limits of the City of Roanoke
MMM mm DESIGN
IlIIIGROUP
ARCHlnCTS+Fi'NGINEERS...PLANNERS
Description of Study Area
Carlisle Ave at Golden Park Looking East Existing W\llNA Service Road looking East Existing bench along south banks of Roanoke River
Roanoke River Looking North near proposed crossing
Existing railroad trestle near Tinker Creek terminus
MMMIDESIGN
GROUP
ARCHITECTS+ENG1NEERS..Pt.ANNERS
111"
82
Description of Study Area
Typical Vvt)()ded area following existing terrain
Existing bench along south banks of Roanoke River
I
MMM IiiII DESIGN
IYII GROUP
ARCHlnCTS. ENGINEER$+PLANNERS
Floodway, Views, Points of Interest
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Site Slope Analysis
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MMM mm DESIGN
IIlI!IGROUP
ARCHlTECTS.ENGINEERlhPLANNERS
Public Involvement
I
- Held a series of key stakeholder meetings: May 15. September 3 and October 6th
- Held one public forum October 6. 2008
- Key issues included:
-Parking
-Scent from W\NVA
-Downhill/uphill trail
-Security
. .
-Possible negative impacts
on W\NVA operations
-Key opportunities included:
-Connection to park and Tinker Creek
-Commuting
-Observation areas
-Fishing
-Signs for education
-Great views
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84
Alignment Recommendation
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MMM I1iII DESIGN
ARCHlTECTS"ENGINE!SC;;P~A~N't~
Bridge Recommendation
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MMM I1iII DESIGN
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Timber Structure Recommendation
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Alignment Recommendation
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ARCHITECTS+ENGINEERS+PLANNERS
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86
Typical Trail Sections
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ARCHITECTS.ENGINEERS+PLANNERS
Typical Trail Sections
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MMM IIffiI DESIGN
IWIGROUP
AACHlTECTIhENGlNEERS.PLANNE RS
I
User Benefits and Amenities
I
User Benefits & Amenities include:
Environmental education
Natural resource education
Interpretation
Exercise and health
Wildlife observation
Alternative mode of transportation
WVWA to assist in interpretative/
educational opportunities
Native plantings for ecosystem
health, erosion control, buffering
and aesthetic appeal
Seating/trash receptacles
Way finding signage
MMMiiiIlDESIGN
II!IIIGROUP
AACHlTECTS..ENGINEER$.PLANNERS
Project Considerations
I
"Trail alignment from existing Roanoke River Greenway at 13th Street to WVWA property
would have minimal impacts:
"Need to acquire approximately .56 of an acre for corridor or easement agreements
"Need for painted crosswalks and signs at all locations trail crosses an existing street
"Utility relocations (overhead) will be necessary in some areas
"Trail alignment within the WVWA property would require:
'Varying easement width to accommodate slope and tying into grade
.Minimal soil removal possibly only along bench at river
"Low walls or grading to accommodate existing topography
'Agreements needed between City and W\NVA for access for specific maintenance
" Bridge impacts crossing Roanoke River:
"Bridge must bridge the f1oodway- to confonn to the "no rise" requirements of the local
ordinance and State policy
" Trail from proposed bridge to Tinker Creek Greenway impacts:
"Need to acquire approximately .12 acres or easement agreement for one landowner
I
MMM iiiIl DESIGN
II!IIIGROUP .
AACHlTECTS+ENGlNEERS+PLANNERS
87
88
Budget
I
Estimated Budget
Engineering
Right of Way Acquisition
Construction
-Trail
-Bridge
Total Estimate
Available Funding
Transportation Enhancements
City Match for Above Grant Funds
Total Funds Available
Additional Funds Required
$414,000
$140,000
$1,487,500
$1.400,000
$3,441,500
$844,000
$211.000
$1,055,000
$2,386,500
MMM IIiiII DESIGN
I!IIIIGROUP
ARCHITECTS+ENGINEERS+PLANNE RS
Next Steps
I
Proceed with the project's engineering
phase such that the City can:
A. Expend previously awarded
Transportation Enhancement
Funds.
B. Be in a position to act upon
possible stimulus & other
enhancement funds for
construction.
MMMIIiiIIDESIGN
I!IIIIGROUP
AACHlTECTS+ENGINEERS.PLANNERS
(See powerpoint on file in the City Clerk's Office.)
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Discussion:
Mayor Bowers inquired if the greenway will disrupt the natural habitat of the
animals; whereupon, Mr. Gould replied in the negative.
Council Member Trinkle asked if the wildlife viewing areas along the trail would
have benches; whereupon, Mr. Gould replied in the affirmative.
Council Member Cutler inquired if wood bridges have a lesser life span than a
steel bridge. Mr. Gould replied that yes, wood does have a shorter life span, but the
proposed bridge structure would be steel. He toed that the frame could be wood with
steel underneath.
Council Member Trinkle inquired if the service road would still function as such;
whereupon, Mr. Gould said yes.
Mayor Bowers inquired if a public hearing was required to approve the corridor;
whereupon, the Assistant City Manager of Community Development advised that the
corridor was previously identified and the trail is now in detail refinement.
The Assistant City Manager for Community Development advised that they were
seeking Council approval to move to next level of design and expending the
$844,000.00 awarded for the trail.
After much discussion, Council Member Mason inquired if the $844,000.00 was
capital improvement funds; whereupon, the City Manager explained that the City was
previously awarded $844,000.00 in grant money for this project and that the City needs
to move forward with the design for this corridor to qualify for Federal stimulus money to
assist with the remaining costs for the project.
Without objection from Council, the City Manager was instructed to move forward
as proposed.
URBAN FLEX DISTRICT
Christopher L. Chittum, Planning Administrator, Department of Planning and
Building Development, highlighted the following information regarding the proposed
Urban Flex District:
Backaround
· Industrial development along rail spurs 1910-1950
· Changes in industrial operations and transportation
· Long dormant properties
. Buildings in poor condition
· Industrial zoning limits potential uses and could be a barrier to redevelopment
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Vision I
· Create a craftsman/artisan district with a rich mixture of uses including offices,
commercial, small-scale industrial and residential uses.
Catalvsts
· Roanoke River Flood Reduction Project
· Extension of the Roanoke River Greenway
. Former Hannah Court opportunity
. Brownfield Redevelopment Program
· Development trends seen throughout the City (e.g. Old Southwest and
Downtown)
· Viable commercial businesses already established in the Cleveland Avenue
Corridor
Zonina Map Chanaes
(See copy of presentation on file in the City Clerk's Office.)
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After further discussion of the various uses outlined in the proposed ordinance to
establish the new Urban Flex District; the discussion transitioned to changes in the
Zoning Ordinance. Nancy Snodgrass, Zoning Administrator led the discussion.
Ms. Snodgrass explained that there are three substantive regulatory concepts;
Personal and Home Occupations, Bed and Breakfast Establishments, and Zoning
Administrator Modifications.
She pointed out that the in-home beauty salon, music lessons, etc. are example
of personal home occupations and require a special exception from the Board of Zoning
Appeals. The current cost of a special exception is $518.00; $100.00 filing fee and
$418.00 to run the legal advertisement in the Roanoke Times. Ms. Snodgrass advised
that only 250 square feet of the home can be used for the business and only people
residing in the home can be employed.
Ms. Snodgrass advised that for bed and breakfast establishments there is a 500
foot separation requirement meaning bed and breakfast must be more than 500 feet
from one another, must be a single-family dwelling, and must apply for a special
exception.
Council Member Rosen inquired the reasoning behind that requirement;
whereupon, Ms. Snodgrass advised that the proposed ordinance eliminates that
requirement, but the other requirements will remain.
Ms. Snodgrass explained that the zoning administrator modifications consisted of
provisions of the zoning ordinance with respect to physical requirements on a lot, state
enabling legislation where the average cost of a variance is $640.00, $190.00 filing fee
and $450.00 to run the legal advertisements in the Roanoke Times.
She further explained that application must be in writing, adjoining property
owners must be notified and have 21 days to respond, a determination in writing will be
made within 45 days.
Mayor Bowers suggested adding notifying the neighborhood leaders as well as
adjoining property owners; whereupon, the Assistant City Manager for Community
Development advised that the neighborhood leaders are notified prior to each public
hearing, but it can be added to send them a letter when someone places an application.
Ms. Snodgrass pointed out the Zoning Administrator must make three findings
undue, hardship relating to the property, hardship not shared generally by other
properties, and modification not of substantial detriment to adjacent property and the
character of the district will not be changed.
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Council Member Mason asked the City Attorney if the Virginia court system
spoke on the requirement for public notification and putting it on the internet versus the
newspaper because the advertisements are costly; whereupon, the City Attorney replied
that there is a bill introduce this year in the General Assembly to allow notice to be given
by way of the internet. He noted that the press association opposed the legislation, but
the localities were in favor of it because of the cost of the legal advertisements.
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Council Member Rosen inquired of the reaction of the neighborhood groups and
homeowners in response to the changes; whereupon, Chris Chittum replied that the
homeowners had no comments because they are not really affected by the changes.
He also remarked that additional information would be provided to Old Southwest on
April 14, 2009.
There being no additional comments and/or questions by the Council, the Mayor
expressed appreciation on behalf of the Council for the presentation.
CONTINUATION OF BUDGETARY ITEMS FROM APRIL 4. 2009 CONTINUED
RECESSED MEETING
Continued discussion on proposed reductions and additions to the City's
FY2009-2010 Operating Budget. Sherman Stovall, Director of Management and
Budget, highlighted the following power point presentation and responded to questions I
from the Council:
Budget Status
(After April 4th Work Session)
Budget Gap $1,888,126
Roanoke City Public Schools (1,547,523)
Regional Partnership (9,700)
REMS (50,000)
Youth Services (144,000)
Aquatics (33,000)
Revised Budget Gap $103,873
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Prepared Food Tax Revenue
· FY10 Estimated Revenue is $11,850,000
· 0.5% Increase in Tax Rate = $1,185,000
· 1.0% Increase in Tax Rate = $2,370,000
· Impact of 0.5% increase on a $10 meal = $.05
· Impact of 1.0% increase on a $10 meal = $.10
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Prepared Food Tax Rates
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. The City's Current Tax Rate is 5.0%
. Five of the Seven First Cities rates are Currently 6.5%
. Average of First Cities is 6.2%
. Average of All Cities is 5.2%
. Cities with Tax Rate of 5.5%:
- Chesapeake, Hopewell, Poquoson, and Virginia Beach
. Cities with Tax Rate of 6.0%:
- Bristol, Harrisonburg, Martinsville, Norton, Richmond, and Staunton
. Cities with Tax Rate of 6.5%:
- Emporia, Franklin, Hampton, Lynchburg, Newport News, Norfolk, Portsmouth, and
Suffolk
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Transient Occupancy Tax Revenue
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· FY10 Estimated Revenue is $2,957,000
· 0.5% Increase in Tax Rate = $211,000
· 1.0% Increase in Tax Rate = $422,000
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Transient Occupancy Tax Rates
. The City's Current Tax Rate is 7.0%
. Four of the Seven First Cities rates are Currently 8.0%
. Average of First Cities is 7.4%
. Average of All Cities is 6.0%
. City with Tax Rate of 7.5%:
- Newport News
. Cities with Tax Rate of 8.0%:
- Chesapeake, Colonial Heights, Emporia, Franklin, Hampton, Hopewell, Norfolk,
Portsmouth, Richmond, Suffolk, and Virginia Beach
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Potential Fee Revisions
- Fire incident reports from $JL:.lli
· Makes consistent with Police incident reports
- Boot vehicles for parkin" ticket violations on
third ticket
· Currently boot on the fifth ticket
- Establish a Storm Water Mana"ement Plan
Review Fee
- Establish a Plan Re-Submittal Fee
· Fee assessed for the fourth and any subsequent
review of subdivision plat, subdivision site plan,
or comprehensive development plan
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Potential Fee Revisions
-Central Business District Refuse Collection
· Increase fee from $100 to $120 for large
businesses and restaurants
· Increase fee from $60 to $70 for small businesses
-Establish a Special Assemblv Permit Fee
· Establish a fee of $25
Fee revisions will generate a
projected $67,800
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Recommended Parking Rate
Revisions
· Increase Monthlv Rates
· Gainsboro Garage - $10
· Higher Education Center Lot. $10
· Warehouse Row Lot. $7.50
· Elmwood Lot - $7
· Market Lot - $7
· Increase Dailv Rates
· Market Lot - $1 per half hour, $6 maximum
· Williamson Lot . $1 per half hour, $6 maximum
· Elmwood Lot. $1 per half hour, $6 maximum
· Warehouse Row Lot. $1 per half hour, $6
maximum
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Recommended Parking Rate
Revisions
· Other
· Market Lot. Implement after 4 p.m. rate of $2 until
9 p.m.
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Discussion:
Mr. Stovall advised that action taken at the Saturday, April 4, session authorized
proving $1,547,523.00 to the Roanoke City Public Schools; whereupon, the City
Manager interjected saying that the Council advised to keep the school's whole and
keep the reduction of the Roanoke Regional Partnership at five percent and that is what
staff is presenting today.
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Council Member Mason inquired if that had been discussed with the Partnership;
whereupon, the Assistant City for Operations advised that staff was working on a
number to propose to them and the figure will be discussed with them soon.
The City Manager advised that Council authorized reinstating funds to Roanoke
Emergency Medical Services (REMS) and staff suggests $50,000.00 and $33,000 to
get Fallon Park pool ready to open for the summer. She further advised that Council
Member Trinkle forwarded a letter from Gator Aquatics asking if the City opens the pool
in the summer could they run the pool and the City pay $100.00 per month, saving the
City $1,200.00, adding that the building maintenance staff performs the work to ensure
the two pools are ready to open. Council Member Trinkle advised that representatives
from Gator Aquatics are ready to meet and discuss the possible joint venture and at the
meeting the City can suggest providing up to $15,000.00 for opening the pool. He noted
that there are hurdles to overcome; whereupon, the City Manager interjected saying that
a contract, with no liability to the City, would be needed and details of concessions, etc.
would have to be clearly outlined within the contract.
Council Member Price inquired if the YMCA was interested in operating the
Washington Park Pool; whereupon, the City Manager explained that no discussions has
been held with the YMCA regarding the operation of Washington Park pool.
Council Member Trinkle inquired if $144,000.00 would be used for youth
services; whereupon, the Assistant City Manager for Community Development advised
that the Norwich Center, the least used of the three centers, would be closed an
additional day during the week and the other two sites would remain open.
It was the consensus of the Council to use the funds projected to result from tax
revenues to reinstate $50,000.00 for Roanoke Emergency Medical Services, reduce
youth services by 25 percent and fund $33,000.00 for Fallon Park in the 2010 Operating
Budget. Council also agreed for staff to work out a possible contract with Gator
Aquatics to manage Fallon Park after the City prepares the pool for use this summer.
There was some discussion with regard to the tax revenue; and it was the
consensus of the Council to forego any tax increases at the present time.
Council Member Mason inquired about the impact of the budget on the
Commonwealth Games and the Convention and Visitors Bureau; whereupon, Mr.
Stovall advised that $70,000.00 goes to Virginia Amateur Sports, a reduction of
$14,000.00 and funding to the Convention and Visitors Bureau depends on the lodging
tax. Council Member Mason remarked that consideration of those entities may be a
good investment. The City Manager indicated that if the Council was interested, the
matter could be discussed in the fall.
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In connection with fee revisions. Council Member Rosen objected to establishing I
a storm water management plan review fee and a plan re-submittal fee. The City
Manager explained that staff was prepared to present the plan for adoption within the
next several months, adding that the re-submittal fee is intended to deal with new
development and will apply to administrative fees, and in closing, she pointed out that
the submittals were free and only after the third submittal, a fee would be required.
Council Member Mason expressed concern about the proposed increase. It was
stated that a public hearing would be needed in order to increase parking fees. Council
Member Trinkle was supportive of the increase in parking fees and the stormwater fees;
however, he suggested that the parking fund remain neutral; whereupon, the Director of
Finance advised that the parking fund debt was self-supporting. There being no further
comments by the Council, Council Member Cutler moved that a public hearing be
scheduled on potential fee revisions and recommended parking rate revisions. The
motion was seconded by Council Member Trinkle and adopted, with Council Members
Mason and Rosen voting no.
Council Member Mason inquired if the parking rates had been adjusted two years
ago; whereupon, the City Manager advised that it was not a City-wide adjustment, only
for nights and weekends, noting that in 2010 the fees may have to be increased for the
entire parking system.
At 12:05 p.m., the Mayor declared the meeting in recess for Closed Meeting to
be reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor
Municipal Building.
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At 2:00 p.m., the Council Meeting reconvened in the City Council Chamber,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor
David A. Bowers presiding.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea (arrived late),
Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor
David A. Bowers- 7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann Shawver, Director of Finance; Stephanie M. Moon, City
Clerk.
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,
The invocation was delivered by The Reverend Harry Britt, Pastor, Melrose
Avenue Seventh Day Adventist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
CITY GOVERNMENT-SCHOOLS: The Mayor recognized Kyle King, a junior at
William Byrd High School, who will be Job Shadowing him for a day.
COMMITTEES-WATER AUTHORITY: The Mayor announced that the City will
be seeking applications for appointment as a City representative of the Western Virginia
Water Authority to fill an unexpired term of office ending June 30, 2010. Deadline for
receipt of applications is May 15, 2009.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-SCHOOLS: Mayor Bowers announced that
Fallon Park Elementary School recently received the 2009 National Excellence in Urban
Education Award, which recognizes schools that demonstrate high levels of
achievement for all students in areas where a majority of the student population meets
low-income criteria. As the 2009 honoree, Fallon Park Elementary will receive
$1,000.00 and a congratulatory banner for the school building.
(See comments regarding award on file in the City Clerk's Office.)
Mayor Bowers congratulated Cindy Delp, Principal, and Leadership Team of
Fallon Park Elementary School on their outstanding accomplishment.
ACTS OF ACKNOWLEDGMENT-TOTAL ACTION AGAINST POVERTY: The
Mayor announced that the City of Roanoke celebrates the achievements of its Total
Action Against Poverty, This Valley Works YouthBuild students who are responsible for
building and renovating property in the Star City, adding that the latest property
renovated is a two story duplex at 625 Tazewell Avenue, S. E.., that had become a hide
away location for homeless and drug addicted individuals. Mayor Bowers presented
each TAP This Valley Works YouthBuild student with a Certificate of Appreciation and
City gift.
(See copy of information on YouthBuild Presentation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGMENT-VALLEY METRO.: The Mayor welcomed and
recognized Carl L. Palmer, Contract Consultant for First Transit, Inc., and Leon Alder,
Interim General Manager, with Valley Metro.
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PROCLAMA TIONS-E-911 CENTER: Mayor Bowers presented a proclamation I
declaring the week of April 12-18,2009 as National Public Safety Telecommunicator's
Week to Michael Crockett, Manager, E-911 Center.
(See copy of ceremonial proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-WESTERN VIRGINIA LAND TRUST:
Council Member Cutler announced that the City of Roanoke, the Virginia Outdoors
Foundation, and the Western Virginia Land Trust were recognized as recipients of the
2009 Governor's Environmental Excellence Award for their demonstrated commitment
to land stewardship in Virginia through the Carvins Cove Conservation Easement.
ACTS OF ACKNOWLEDGEMENT-CLEAN AND GREEN CAMPAIGN: Council
Member Mason announced that the City of Roanoke was recognized as a recipient of
the 2009 Governor's Environmental Excellence Award for its demonstrated commitment
to the stewardship of Virginia's natural resources through its "Clean and Green"
Campaign.
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 immediately for response, recommendation I
or report to Council.
SCHOOLS: Chris Craft, 1501 East Gate Avenue, N. E., appeared before the
Council and expressed his appreciation to the Council for its financial support of the
Roanoke City Schools Fiscal Year 2009-2010 budget.
RELIGION: Robert Gravely, 3360 Hershberger Road, N. W., appeared before
the Council and cited scriptures.
COMPLAINTS-SHERIFF: Shaheed Omar, 1219 Loudon Avenue, N. W.,
appeared before the Council and expressed concern with regard to charges levied by
the Sheriff to house federal inmates in the Roanoke City Jail and lack of medical
assistance to inmates housed in the jail. In closing, he submitted documents relating to
his complaint for the record. Without of objection by the Council, his complaint was
referred to the Sheriff for response.
(See copies of documents from Mr. Omar and response from the Sheriff on file in the
City Clerk's Office.)
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CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion were
desired, the item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 1, 2008, recessed meeting of December 1 held on Monday, December 15,
2008; and regular meeting of the Council held on Monday, December 15, 2008, were
before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Cutler moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Mason and
adopted by the following vote:
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AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-WESTERN VIRGINIA
WATER AUTHORITY: A communication from Jean Thurman, Secretary, Western
Virginia Water Authority, advising of the resignation of Council Member M. Rupert Cutler
as a member of the Board of Directors of the Western Virginia Water Authority, effective
March 19, 2009, was before the Council. (
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
I (Vice-Mayor Lea was not present when the vote was recorded.)
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ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-WESTERN VIRGINIA I
WATER AUTHORITY: A communication from Jean Thurman, Secretary, Western
Virginia Water Authority, transmitting a Resolution from the Western Virginia Water
Authority paying tribute to Council Member M. Rupert Cutler for his service as Director
of the Authority, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that the resolution be received and filed. The
motion was seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION ADVISORY
BOARD-ROANOKE REGIONAL AIRPORT COMMISSION: Reports of qualification of
Mary F. Monk as a member of the Parks and Recreation Advisory Board for a term I
ending March 31, 2012; and Bittle W. Porterfield, III, as a City representative to the
Roanoke Regional Airport Commission, for a term ending March 9, 2013, were before
the Council:
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Cutler moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
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CITY PROPERTY: A communication from the City Manager requesting that a
public hearing be scheduled for Monday, April 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider the conveyance of City-owned
property located at 425 Church Avenue, S. W. (former YMCA facility), was before the
body.
(See communication on file in the City Clerk's Office)
Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-ROANOKE REGIONAL AIRPORT COMMISSION: Jacqueline L.
Shuck, Executive Director, submitted the proposed 2009-2010 Operating Budget
and Proposed Capital Expenditures for the Roanoke Regional Airport Commission.
(For full text, see documents on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38400-040609) A RESOLUTION approving the Roanoke Regional Airport
Commission's 2009-2010 proposed operating and capital budget upon certain terms
and conditions.
(For full text of resolution, see Resolution Book No. 73, page 167.)
Council Member Trinkle moved the adoption of Resolution No. 38400-
040609. The motion was seconded by Council Member Cutler.
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Council Member Cutler commented that there is a universal requirement for I
airports to conduct a survey on the potential for bird strikes and inquired if the Roanoke
regional Airport has conducted such survey.
Ms. Shuck replied that a full wildlife study was being conducted, adding that FAA
is developing a full program. Council Member Cutler expressed an interest in reading
the report.
There being no additional comments by the Council Members, Resolution No.
38400-040509 was adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Daniel D. Miles, Chief
Executive Officer, submitted the proposed 2009-2010 Annual Budget for the
Roanoke Valley Resource Authority.
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(For full text, see documents on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38401-040609) A RESOLUTION approving the annual budget of the
Roanoke Valley Resource Authority for Fiscal Year 2009-2010, upon certain terms and
conditions.
(For full text of resolution, see Resolution Book No. 73, page 168.)
Council Member Trinkle moved the adoption of Resolution No. 38401-
040609. The motion was seconded by Council Member Rosen.
Council Member Cutler commented on the difficulty in recycling opportunities for
the Roanoke Valley since Cycle Systems discontinued accepting such items and
inquired if other opportunities may exist for recycling.
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Mr. Miles advised that there were several obstacles for the Authority to overcome
to pursue a recycling facility. He explained that their charter specifically excludes
recycling as a function, and would have to be amended, as well as the three
communities they serve provide their own specific recycling efforts. He pointed out that
the Board studied the cost of building a recycling facility in Roanoke and found it would
be $2 million to open and $625,000.00 per year to operate. He noted that the three
communities collect approximately 3,100 tons of recyclables per year.
He further advised that the market is not positive for recyclables and not a good
time for the Authority to go into that business, but it would be optimum if private sector
would take on the business, but he had not heard of any private sector businesses into
opening a facility.
Council Member Trinkle hoped the Authority would keep the materials recovery
facility on the table for a possible future venture and inquired if the problem was the lack
of curbside recycling. Mr. Miles replied in the affirmative, adding that the quantity was
at or over 5,200 tons, average value, for five year period; and can resale at average
price at the average cost.
Mayor Bowers suggested that the Charter of the Authority be changed, citing that
the Authority needed to move toward recycling with regional cooperation, adding that he
would be voting against the adoption of the resolution due to an environmental cause in
the Valley.
There being no additional comments by the Council Members, Resolution
38401-040609 was adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen and Trinkle -5.
NAYS: Mayor Bowers -1.
(Vice-Mayor Lea was not present when the vote was recorded.)
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS:
AMPHITHEATRE FEASIBILITY STUDY: Briefing was held following Council
action on all agenda items. (See page 117)
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ITEMS RECOMMENDED FOR ACTION:
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GRANTS-BUDGET: The City Manager submitted a written communication
recommending acceptance of the Western Virginia Workforce Development Board
Workforce Investment Act Computer Literacy Grant.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38402-040609) A RESOLUTION accepting the Western Virginia Workforce
Development Board Workforce Investment Act Computer Literacy Grant, and
authorizing the City Manager to execute the requisite documents necessary to accept
the funding.
(For full text of resolution, see Resolution Book No. 73, page 168.)
Council Member Cutler moved the adoption of Resolution No. 38402-040609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor I
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
Council Member Cutler offered the following budget ordinance:
(#38403-040609) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the FY09 Workforce Investment Act Computer Literacy
Grant, amending and reordaining certain sections of the 2008-2009 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 169.)
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Council Member Cutler moved the adoption of Budget Ordinance No. 38403-
040609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
GRANTS-BUDGET-POLlCE-FIRE-EMS: The City Manager submitted a written
communication recommending acceptance of reimbursement funds from Emergency
Management Assistance Compact to the Fire and Police Departments.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38404-040609) A RESOLUTION authorizing acceptance of certain funds from
the Emergency Management Assistance Compact (EMAC), and authorizing execution
of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 170.)
Council Member Trinkle moved the adoption of Resolution No. 38404-040609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
Council Member Trinkle offered the following budget ordinance:
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(#38405-040609) AN ORDINANCE to appropriate funding from the I
Commonwealth of Virginia for reimbursement to the Fire and Police Departments of
hurricane deployment related expenses, amending and reordaining certain sections of
the 2008-2009 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 171.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38405-
040609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
INDUSTRIES-RAIILROAD: The City Manager submitted a written
communication recommending authorization to execute and file appropriate documents I
in support of an application to be filed by ChemSolv's, Inc., to receive Industrial Access
Railroad Track Funds from the Commonwealth of Virginia.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38406-040609) A RESOLUTION supporting the application or other
documents to be filed with the Virginia Department of Rail and Public Transportation
(DRPT) by ChemSolv, Inc., d/b/a Chemicals and Solvents, Inc. (ChemSolv), for up to
$450,000.00 in Industrial Access Railroad Track Funds and to state the City's support
for ChemSolv receiving such funds.
(For full text of resolution, see Resolution Book No. 73, page 172.)
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Council Member Cutler moved the adoption of Resolution No. 38406-040609.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
HOUSING-BUDGET-SEWERS AND STORM DRAINS: The City Manager
submitted a written communication recommending authorization to execute a Southern
Rivers Agreement with the Virginia Department of Housing and Community
Development relative to the Fairhope Road Sanitary Sewer Extension Project.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38407-040609) A RESOLUTION authorizing a Southern Rivers Agreement
between the City and the Virginia Department of Housing and Community Development
(DHCD) relative to the Fairhope Road Sanitary Sewer Extension Project; approving and
ratifying the execution of such Southern Rivers Agreement, which contains a provision
for the City to hold harmless the Commonwealth of Virginia and the DHCD as a
condition of such Agreement; and authorizing the City Manager to execute such other
documents and take such further actions as may be necessary to implement and
administer such Agreement.
(For full text of resolution, see Resolution Book No. 73, page 173.)
Council Member Cutler moved the adoption of Resolution No. 38407-040609.
The motion was seconded by Council Member Mason.
In response to inquiry by Council Member Cutler regarding a partnership
between the City and the Water Authority, Michael McEnvoy, Director of the Western
Virginia Water Authority, explained that the partnership involves the State, City and the
Authority to extend the sewer line through the Fairhope Road neighborhood. The City
Manager interjected that a previous Council adopted an ordinance that no longer allows
septic systems to be replaced upon fail if public sanitary sewer is available.
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There being no additional comments and/or questions by the Council Members, I
Resolution No. 38407-0400609 was adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
Council Member Trinkle offered the following budget ordinance:
(#38408-040609) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the FY09 Southern Rivers Watershed Enhancement
Program Grant, amending and reordaining certain sections of the 2008-2009 Grant.
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 175.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38408-
040609. The motion was seconded by Council Member Mason and adopted by the I
following vote: .
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the votes were recorded.)
CAPITAL IMPROVEMENT PROJECTS-BUDGET The City Manager submitted a
written communication recommending appropriation of funds for various capital projects.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38409-040609) AN ORDINANCE to appropriate funding from the Western
Virginia Water Authority to various capital projects, amending and re-ordaining certain
sections of the 2008-2009 Capital Projects Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 176.)
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Council Member Mason moved the adoption of Budget Ordinance No. 38409-
040609. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
E-911-BUDGET: The City Manager submitted a written communication
recommending appropriation of funds for revenue adjustments for E-911 wireless
funding.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38410-040609) AN ORDI NANCE to appropriate funding from the
Commonwealth of Virginia for E-911 Wireless Service, amending and reordaining
certain sections of the 2008-2009 General and Department of Technology Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 177.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38410-
040609. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
STREET IMPROVEMENTS-BUDGET: The City Manager submitted a written
communication recommending appropriation of funds for the Hershberger Road corridor
improvements.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Mason offered the following budget ordinance:
(#38411-040609) AN ORDINANCE to transfer funding from the Capital
Improvement Reserve and appropriate funding from the Virginia Department of
Transportation to the Hershberger Road Corridor Improvements project, amending and
re-ordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 178.)
Council Member Mason moved the adoption of Budget Ordinance No. 38411-
0406Q9. The motion was seconded by Council Member Price.
Council Member Cutler inquired about bicycles being provided for the project;
whereupon, the Assistant City Manager for Operations did not recall bicycle lanes
included in the pedestrian walkway, but he would check and provide a report prior to the
next Council Meeting.
There being no additional questions and/or comments by the Council Members,
Budget Ordinance No. 38411-040609 was adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
BUDGET-RECREATION: The City Manager submitted a written communication
recommending appropriation of funds for additional outdoor program activities.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38412-040609) AN ORDINANCE to appropriate additional funding from
outdoor recreation program fees for outdoor program activities, amending and
reordaining certain sections of the 2008-2009 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 179.)
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Council Member Mason moved the adoption of Budget Ordinance No. 38412-
040609. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
COMMENTS BY CITY MANAGER.
GARBAGE-SOLID WASTE-RECYCLING: The City Manager informed the
Council that the City has made changes to its recycling collection schedule. She said
as of last Wednesday, the City has been transporting recyclables collected to the
Montgomery Regional Solid Waste Authority, which involves staff collecting recyclables
and driving City trucks to Montgomery County on the day following the collection. She
stated that this means on some days of the week, depending on how long it takes the
trucks to travel; crews would be collecting recyclables a little later than normal. She
also said the City does not want to alter the recycling schedule, but asks citizens to
understand the trip will affect the schedule.
CITIZEN APPRECIATION DAY: The City Manager said that the City will hold its
Annual Citizen Appreciation Day on Saturday, April 18 from 10:00 a.m. to 2:00 p.m., at
Valley View Mall, adding that this is a good time to learn about City departments and
their programs, and see employees' commitment to their work, and various
demonstrations will occur in the parking lot.
DI RECTOR OF FI NANCE:
TAXES: The Director of Finance submitted a written communication
recommending adoption of Tax Year 2009 Personal Property Tax Relief Percentage.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance noted that the City receives approximately $8.1 million in
relief that is allocated to the citizens and the relief percentage for the citizens is down
from 2008, meaning the citizens will see lower tax bills this year.
Council Member Mason offered the following budget ordinance:
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(#38413-040609) A RESOLUTION setting the allocation percentage for personal I
property tax relief in the City of Roanoke for the 2009 tax year.
(For full text of ordinance, see Ordinance Book No. 73, page 179.)
Council Member Mason moved the adoption of Budget Ordinance No. 38413-
040609. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was not present when the vote was recorded.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
HOUSING (FAIR HOUSING BOARD): The matter of abolishing the Fair Housing I
Board was laid on the table from the previous Council meeting held on March 16, 2009.
Council Member Cutler offered the following resolution abolishing the Fair Housing
Board:
"AN ORDINANCE abolishing the Fair Housing Board by amending and
reordaining Chapter 16, Human Riohts, Section 16-147, Definitions, of Article III, Fair
Housino, Division 1, Generally; repealing Sections 16-167 through 16-174, inclusive, of
Division 2, Fair Housino Board; and dispensing with the second reading by title of this
ordinance."
Council Member Cutler moved the adoption of the Ordinance. The motion was
seconded by Council Member Mason.
Christy Cooper, Chair, Fair Housing Board, appeared before Council in support
of the Fair Housing, advising that a Fair Housing Board is needed because the City is
expanding and continues to solicit firms to become a part of the City which may mean
an increase in top minority executives seeking housing in the area, and the Board also
is needed to protect the aging citizens as well who many become disabled in the future.
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Ms. Cooper further advised that the Roanoke City Fair Housing Board wished to
stay alive to continue to educate, provide information to the community, continue
outreach through workshops for local realtors, and educate private landlords and
entrepreneurs on fair housing laws. She urged the Council to allow the Board to
continue since the members are committed to providing the best quality of life to the
citizens through education and awareness.
Council Member Cutler commented that most cities in Virginia no longer have a
Fair Housing Board and the responsibility falls on the state agency, noting that activity
of the current Board has been low and called upon the City Manager to summarize the
activity and necessity of the Board; whereupon, the City Manager explained that
information was sent to Council recommending that the Board be abolished given the
state agency that is in place to accept complaints. She noted that given the numerous
resignations, it has been hard to maintain the membership of the Board.
In response to the City Manager's comments, Ms. Cooper remarked that the
Board is new and is learning its functions as well as the expectations of the community.
At this point, Vice-Mayor Lea entered the meeting (3:35 p.m.)
Council Member Price inquired as to how the Fair Housing Board worked in
conjunction with other entities interested in equal opportunity housing; whereupon, Ms.
Cooper advised that the Board has partnerships with TAP and NAACP, adding that last
year, the Board headed a campaign geared toward the growing Hispanic population in
Roanoke.
Vice-Mayor Lea commented that the community is convinced that the Fair
Housing Board can be utilized to educate the public, and therefore, he is willing to
support the continuation of the Board.
Council Member Trinkle concurred supporting the continuation of the Board, and
suggested that the Board advise the Council if its mission changes and an annual
report.
There being no further discussion regarding the matter, the adoption of the
measure was defeated by the following vote:
AYES: None-O.
NAYS: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
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CARillON MEDICAL CENTER: Inasmuch an ordinance requires a three-fourth I
vote for passage with the dispensing with a second reading and Council Member Trinkle
having abstained due to a conflict of interest since he is employed with Carilion, action
on the Ordinance was laid on the table from the previous Council meeting held on
Monday, March 16, 2009.
Council Member Mason offered the following ordinance:
(#38414-040609) AN ORDINANCE authorizing the City Manager to execute the
necessary documents providing for the conveyance of an approximately .84 acre parcel
of City-owned property, bearing Official Tax No. 4040503R, to Carilion Medical Center,
located' in the South Jefferson Redevelopment Area immediately adjacent to the
Roanoke River, upon certain terms and conditions; and dispensing with the second
reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 181.)
Council Member Mason moved the adoption of Ordinance No. 38414-040609.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Mayor I
Bowers 6.
NAYS: None-O.
(Council Member Trinkle abstained from voting.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
SCHOOLS: Council Member Mason offered the following resolution changing
the meeting location of a joint meeting of City Council and the Roanoke City School
Board scheduled to be held on Monday, May 4,2009:
(#38415-040609) A RESOLUTION changing the location of the joint meeting of
Roanoke City Council and the Roanoke City School Board scheduled to be held at 9:00
a.m., on Monday, May 4, 2009, from the EOC Conference Room in the Municipal
Building to the William Fleming Senior High School Media Center, 3649 Ferncliff
Avenue, N. W., Roanoke, Virginia.
(For full text of resolution, see Resolution Book No. 73, page 182.)
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Council Member Mason moved the adoption of Resolution No. 38415-040609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor
Bowers-7.
NAYS: None-O.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY
COUNCIL: NONE.
AMPHITHEATRE FEASIBILITY STUDY: Consultants representing Red Light
Management and SPEC Technologies and Associates shared information on a
Performing Arts Center Feasibility Study for Reserve Avenue and Elmwood Park.
(For full text, see copy of documents on file in the City Clerk's Office.)
After presenting the positives and negatives of both the Reserve Avenue and
Elmwood Park locations, the consultant recommended Elmwood Park as the best
location for the Amphitheater.
There being no additional questions and/or comments by the Mayor and
Members of Council, the remarks were received and filed.
At 5:10p.m., the Mayor declared the Council meeting in recess for continuation
of Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor
Municipal Building.
At 5:35 p.m., the Council meeting reconvened in the Council Chamber, Room
450, with Mayor Bowers presiding, with all Members of the Council in attendance.
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COUNCIL: With the respect to the Closed Meeting just concluded, Council I
Member Mason moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor
Bowers-7.
NAYS: None-O.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor
called attention to a vacancy created by the expiration of the three year term of office of
Evelyn W. Manetta as a member of the Parks and Recreation Advisory Board, ending
March 31,2009; whereupon, he opened the floor for nominations.
Council Member Cutler placed in nomination the name of Archie Freeman, III.
There being no further nominations, Mr. Freeman was appointed as member of
the Parks and Recreation Advisory Board for a three year term ending March 31, 2012,
by the following vote:
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FOR MR. FREEMAN: Council Members Cutler, Lea, Mason, Price, Rosen,
Trinkle and Mayor Bowers-7.
OATHS OF OFFICE-CITY COUNCIL-COMMITTEES-AUDIT COMMITTEE,
LEGISLATIVE COMMITTEE, PERSONNEL COMMITTEE, ROANOKE VALLEY AREA
METROPOLITAN PLANNING ORGANIZATION (MPO) POLICY BOARD: The Mayor
called attention to vacancies created by the resignation of Alvin L. Nash as a member of
the Audit Committee, Legislative Committee, and City Council Personnel Committee
ending June 30, 2010; and a City representative of the Roanoke Valley Area
Metropolitan Organization Policy Board (MPO) ending June 30, 2011; whereupon, he
opened the floor for nominations:
The name of M. Rupert Cutler was placed in nomination.
There being no further nominations, M. Rupert Cutler was appointed to fill the
unexpired term of Alvin L. Nash as a member of the Audit Committee (Vice-Chair),
Legislative Committee and Personnel Committee (Vice-Chair) ending June 30, 2010;
and as a City representative to the Roanoke Valley Area Metropolitan Planning I
Organization ending June 30, 2011, by the following vote:
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FOR COUNCIL MEMBER CUTLER: Council Members Cutler, Lea, Mason,
Price, Rosen, Trinkle and Mayor Bowers-7.
OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The City Clerk advised
that at the regular Council meeting held on Monday, March 16, 2009, Patice Holland
was appointed as a member of the Roanoke Arts Commission and inasmuch as Ms.
Holland is a non-City resident, the City residency requirement must be waived.
Council Member Trinkle moved that the City residency for Ms. Holland be waived
in this instance. The motion was seconded by Council Member Rosen and adopted by
the following vote: '
FOR MS. HOLLAND: Council Member Cutler, Lea, Mason, Price, Rosen, Trinkle
and Mayor Bowers-7.
There being no further business, the Mayor declared the Council meeting
adjourned at 5:40 p.m.
APPROVED
ATTEST:
A~doi. ~D~
Stephanie M. Moon
City Clerk
:5l:> ~(j (";b......,.,-
D~~~rs
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
April 20, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, April 20,
2009, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, ReQular MeetinQs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38150-070708 adopted by the Council on
Monday, July 7,2008.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, and Mayor David A.
Bowers-7.
ABSENT: None -0.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Tim Harvey, Pastor, Central
Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT-POLICE-PROCLAMATIONS: The Mayor
presented a ceremonial copy of Proclamation to Chief Gaskins declaring April 29,2009,
as Distracted Driving Awareness Day.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
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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 immediately for response, recommendation
or report to Council.
BUDGET-LIBRARIES: Michael L. Ramsey, President, Roanoke Public Library
Foundation, appeared before the Council as an advocate for public libraries.
(See copy of remarks on file in the City Clerk's Office.)
Following comments by several members of the Council regarding budget cuts
and recommended changes for the branch libraries, Mr. Ramsey's remarks were
referred to the City Manager and Budget Study.
TOURISM-BUDGET: John B. Dudley, 3305 Ordway Drive, N. E., appeared
before the Council and spoke in opposition of budget cuts to the Roanoke Valley
Convention and Visitors Bureau.
(See copy of remarks on file in the City Clerk's Office.)
Following comments by several members of the Council, Mr. Dudley's remarks
were referred to the City Manager and Budget Study.
CITY CLERK-CITY EMPLOYEES-BUDGET-SCHOOLS: Chris Craft, 1501 East
Gate Avenue, N. E., appeared before the Council and spoke in opposition of the
elimination of the position in the City Clerk's Office and budget cuts affecting the City
and School system.
SCHOOLS-AMPHITHEATER-BUDGET: Estelle McCadden, 2128 Mercer
Avenue, N. W., appeared before the Council in support of the reappointment of the
incumbent School Board Trustees, expressed concern about the construction of an
amphitheater during the current state of the economy, and the elimination of certain City
positions.
(See copy of remarks on file in the City Clerk's Office.)
Ms. McCadden's remarks were referred to Budget Study.
BUDGET-ECONOMY: Robert Gravely, 3360 Hershberger Road, N. W.,
appeared before the Council and spoke about the failing economy.
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CITY EMPLOYEES-CITY CLERK-BUDGET: Joyce S. Johnson, 2501 Sassafras I
Circle, appeared before the Council and urged the Council to intervene in reinstating her
position in the City Clerk's Office, which was eliminated due to the budgetary shortfall.
The Reverend Gene B. Edmunds, 2322 Rosalind Avenue, S. W., appeared
before the Council and called attention to an editorial in a local newspaper regarding the
closing of City pools.
(See copy of remarks on file in the City Clerk's Office.)
Following comments by several members of Council, Reverend Edmunds
remarks were referred to Budget Study.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered I
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 5,2009; and Thursday, January 22,2009; were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Cutler moved that Council dispense with the reading of the
minutes and approve as recorded. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
CITY COUNCIL-COMMITTEES: 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, was before the body.
(See communication on file in the City Clerk's Office.)
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Council Member Cutler moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
(Although approved, due to time constraints, the Closed Meeting was not held.)
CITY COUNCIL: A communication from the City Attorney requesting that Council
convene in a Closed Meeting for consultation with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-
3711 (A)(7), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Attorney to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
SALE/PURCHASE OF PROPERTY: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss disposition of publicly-
owned property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
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CITY COUNCIL: A communication from Council Member M. Rupert Cutler, Vice- I
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss a personnel matter, being the performance of a Council-Appointed
Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950),as amended, was
before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the Council
Member M. Rupert Cutler to convene in Closed Meeting as abovedescribed. The
motion was seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
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PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: Sherman M. Stovall, Director, Office of Management and Budget, and
Ann H. Shawver, Deputy Director of Finance, presented the City of Roanoke's Fiscal
Year 2008-2009 Recommended Budget. Mr. Stovall highlighted the several aspects of
the budget and Ms. Shawver gave an overview of projected revenue growth
The following information was shared with regard to the FY 2008-2009 Budget:
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Budget Focus
· Maintain commitment to education -
Roanoke City Public Schools
· Maintain essential public safety
activities
· Maintain essential health/welfare
activities
· Maintain core services
FY 2009-2010 Budget
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· Recommended budget is balanced
· Budget Totals - $257,042,000
- Decrease of $2,852,000 or 1.1 %
,
· Includes recommendation to adjust
several rates and fees
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General Fund Revenue Summary
Revenue Decrease ($2,852,000)
Local Revenue ($3,481,000)
State Revenue $629,000
Projected Revenue Growth (Decline)
FY 2010 Revenue Estimates
Compared to FY09 Adopted Estimates
Category $ Revised % Growthl
Growthl (Decline)
Decline
Real Estate Tax $1,046,000 1.3%
Personal Property Tax (1,854,000) (9.7%)
Public Service Tax 140,000 3.7%
Cigarette Tax (412,000) (13.1%)
Recordation (440,000) (35.1%)
Business License (720,000) (5.6%)
Prepared Food Tax (230,000) (1.9%)
Telecommunications Tax (500,000) (6.3%)
Interest and Rental (187,000) (23.9%)
Revenue
Intergovernmental 629,000 0.9%
Charges for Services (271,000) (2.5%)
Other Revenues (53,000) (0.1%)
Total ($2,852,000) (1.1%)
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Rate/Fee Adjustments
Rate/Fee Current Proposed
Fire Incident Report $8 $10
Storm Water Management Plan ----- $100 and
Review Fee $3 per 100
square feet
of
impervious
surface
Plan Re-submittal ----- $100
Subdivision Plat
Subdivision Plan
Comprehensive Development
Plan "
Rate/Fee Adjustments
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Rate/Fee Current Proposed
Zoning Modification Application ----- $150
State Levy - Building Permits 1.75% 2%
Central Business District Refuse $100 $120
Collection - Large Businesses
and Restaurants
Central Business District Refuse $60 $70
Collection - Small Businesses
Parking Ticket Violations Boot on Boot on
fifth third
ticket ticket
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Parking Rate Adjustments
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Rate/Fee Current Proposed
Monthlv Rates
Gainsboro Garage $35 $45
Gainsboro Garage (Student) $17.50 $22.50
Higher Education Center Lot $35 $45
Higher Education Center Lot $17.50 $22.50
(Student)
Warehouse Row Lot $52.50 $60
Elmwood Lot $43 $50
Market Lot $65 $70
8
Parking Rate Adjustments
Rate/Fee Current Proposed
Dailv Rates
Market Lot $.75 per $1 per
Williamson Lot half hour half hour
Elmwood Lot $5 max $6 max
Warehouse Row Lot $.50 per $1 per
half hour half hour
$3 max $6 max
4:00 p.m - 9:00 p.m Rate ----- $2
Market Lot
"
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Local Share - School Funding
· Increase of $500.000 or .80/0
- Total Operating Transfer - $63,847,461
- City Supported Debt Service - $7,083,846
- Under practice of sharing local tax revenue,
Schools would have received $1,047,523 less
funding in FY 2010
- Schools are funded at the same level budgeted in
FY 2009 plus an additional $500,000, increasing
funding to Schools in accordance with the
commitment to increase annual funding by $2.5
million over five years
I
Debt Service Funding
· Additional Fundina - $500.000
- Continues building debt service funding to
support capital projects
11
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129
10
130
Priority Expenditures
· Incremental Costs - $3.597.569
· Employee Medical and Dental Insurance
· Workers' Compensation
· Utilities
· Budget Contingency
· Weed Abatement
· Economic Development Performance
Agreements
· Support of Market Building
· Based on reduction in rental revenue
Priority Expenditures
· Incremental Costs (continued}
· Social Service Programs
· Foster Care and Special Needs Adoption
· Expense offset with State revenue
· E-911 Wireless
· Expense offset with State revenue
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Program/Service Reductions
Reductions/Other Savinas - $7.449.569
· General Proarams
· Elimination of Arts Festival
· Reduction in Outside Agency Funding
· Elimination - Publication of Annual Report
· Emplovee Proarams
· Suspending ICMA Savings Plan Match
· Suspending Tuition Reimbursement
14
Program/Service Reductions
I
· Fire-EMS
· Eliminating positions assigned to Roanoke
County Clearbrook Station
· Services provided to City residents from this
station will be delivered by resources located
at Crystal Springs Station
· libraries
· Suspending Bookmobile Operations
· Closing Branch Libraries (One day a week)
· Reducing Law Library Support
· Restructuring Virginia Room Operation
15
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131
132
Program/Service Reductions
I
· Parks and Recreation
· Suspending Aquatics Program
· Closing Community Fitness Centers
· Closing of Norwich Community Center
· Reduction in Horticulture and
Beautification
· Reduction in Frequency of Athletic
Field/Park Mowing
· Reduction in Urban Forestry Activities
16
Program/Service Reductions
· Pol ice
· Suspending Police Cadet Program
· Reconstituting Mounted Patrol Unit
· Reducing School Resource Officers
· Social Service Proarams
· Reducing Scope of General Relief Program
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Program/Service Adjustments
· Transportation
· Eliminating Loose Leaf Collection
· Median and Right-of-Way Mowing
· Change frequency of mowing cycle
· Other Adiustments
· Reduction in City Council Salaries and
Training and Development Funding, and
Meals
· Reduction in Motor Fuels
· Reduction in Civic Center Subsidy
18
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Position Reductions
· Every department, Council-Appointed and
Constitutional Officers asked to consider
eliminating at least one position
· Total Position Impact - 70 Positions
- 68 position eliminated
- 2 positions unfunded
· 18 of the positions have incumbents, with the
remaining positions currently vacant or to be
vacated via retirements by July 1,2009
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133
19
134
Position Reductions
· Of the 18 positions with incumbents:
- 4 have been addressed
· 3 via placement in other departments and 1 via
family relocation
· 5 employees are actively being interviewed
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· Confident that all employees impacted will be
placed in a City position by July 1, 2009
20
Budget Focus
· Maintain commitment to education -
Roanoke City Public Schools
I
· Maintain essential public safety
activities
· Maintain essential health/welfare
activities
· Maintain core services
21
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Budget Calendar
· Public Hearina
- April 30, 2009
- 7:00 p.m.
- City Council Chambers
· Budaet Study
- May 7 - 8
- Room 159
· Budaet Adoption
- May 11, 2009 Special Meeting of Council
- 2:00 p.m.
- City Council Chambers
22
Discussion:
There was continued dialogue for clarification purposes regarding those City
employees whose positions were being eliminated, having emphasis on the fact that
efforts would be made to place said employees in vacant positions within various City
departments.
In reference to the stormwater utility fee, the City Manager explained that the
current proposed fee is related to review of individual storm water management plans,
adding that the broader storm water utility fee that would impact the development of
capital projects throughout the City was a separate project and the matter would be
presented to the Council at its May 4 regular meeting.
With regard to various pending capital projects, the City Manager advised that
funds were unspecified, with the exception of broad categories; and upon the adoption
of the operating budget by the Council on May 11, 2009, a work session would be
scheduled to review the capital projects, with an adoption date of a capital budget
tentatively to be held in June 2009.
In reference to the closing of the two swimming pools, Council Member Trinkle
urged the Administration to work out a private/public partnership with Gator Aquatics to
ensure the opening of the Fallon Park pool.
In connection with the reduction of school resource officers, Mr. Stovall explained
that the School Administration recommended the reduction of three officers, two at the
high schools and the other at William Ruffner Middle School due to its closing at the end
of the school year.
136
Mr. Stovall also explained the differences between the functions of the operating
budget and capital improvements budget. He pointed out that the capital budget is I
driven by the capital improvement program which the Council adopts annually, that may
typically be funded through bond issuance amortized over a period of 20 years, which is
funded through debt service that is budgeted in the General Fund. He added that the
amount of planned debt for a project would be accrued over a five year period so that by
the time the debt service payments begin, sufficient funds would be accumulated.
Council Member Rosen reiterated that the Budget Stabilization Fund should be
used to help the schools due to the shortfall of State funds, emphasizing that although
the Council had already done a great deal to meet the needs of the schools, the Fund
should be used to offset some City reductions. He suggested that a line item be
dedicating a certain amount, each year to the Budget Stabilization Fund in the event of
economic downturn included in the budget. He understands the position of the
Administration to not go into said Fund; however, he is of the opinion that the Fund is for
one-time payments for reoccurring costs.
Council Member Rosen proposed that $1,907,867.00 be extracted from the
Budget Stabilization Fund to be used for the following: $202,867.00 to keep Washington
Park and Fallon Park Pools open during the summer months; $60,000.00 for
continuation of the Bookmobile; $25,000.00 for normal operation hours at the Main
Library and library branches; $600,000.00 to retain 20 accredited teacher assistants,
$120,000.00 for two guidance counselors, $300,000.00 for the Summer School
Program to maintain enrichment, technology, and life skills courses; and $600,000.00 I
for the Schools to fill 10 elementary teacher positions that are unfilled due to attrition.
The City Manager remarked that the Administration proposes to institute a tax
rate modification, which would not be adopted on May 11, 2009, and suggested that a
subsequent public hearing be scheduled to make the adjustments to the fiscal year
budget to provide the funds to the categories or services.
Mayor Bowers inquired if the proposed fiscal year budget included the
$96,000.00 cut of funds to the Roanoke Valley Convention and Visitors Bureau
(RVCVB) and if the Council would review the Capital Improvement Program soon;
whereupon, the City Manager replied in the affirmative and stated that discussions in
connection with the capital budget would commence after May 15 and continue until
July 1.
Council Member Mason suggested that consideration be given to reinstating the
book mobile and the operation of the branch libraries back to six days per week should
the City's revenues increase. The City Manager advised that revenue projections are
defined for an entire fiscal year, adding that it would be difficult to know whether or not
revenues have increased until well into the following year. She remarked that perhaps
in the next budget year, City staff may be able to reinstate certain services. She also
interjected that there had not been any interest from the private sector with regard to I
operating the Washington Park Pool during the upcoming summer months.
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In response to an inquiry from Council Member Price with regard to an
occupancy tax increase being applied specifically to marketing, the City Manager
advised that past years the lodging tax has been increased by one percent to
encourage marketing efforts by the Roanoke Valley Convention and Visitors Bureau.
She pointed out that taxes in the Commonwealth of Virginia cannot be earmarked, but
with a directive from the Council, it could happen, adding that the marketing funds
provided by the one percent increase were not a part of the reduction of funds to the
Convention and Visitors Bureau.
Ms. Price further inquired if budget stabilization funds were used, could those
funds be returned; or an increase in the lodging tax in an attempt to solidify the Fund;
whereupon, the City Manager advised that if Council wanted to reinstate significant
dollars, she would strongly recommend an increase in the meal tax as the source of
funding versus the budget stabilization fund; and the reserve fund should be earmarked
for unanticipated issues and the meal tax is discretionary that impacts all prepared food
purchased in the City. She explained that by increasing the meal tax by one percent, it
would generate revenue in excess $2.4 million dollars; however, by increasing the
lodging tax; it would only produce $400,000.00 in additional revenue, which is not as
generous as the meal tax.
The Director of Finance strongly recommended that the Council not consider
using the Budget Stabilization Fund.
Council Member Cutler suggested public/private partnerships to help maintain
public programs and challenged the business community to come to the aid of the City
by contributing more to the budget of the Roanoke Valley Convention and Visitors
Bureau. He also encouraged businesses to contact the Roanoke Regional Chamber of
Commerce and inquire about opportunities to help the Roanoke City Schools.
Council Member Trinkle requested that other localities be bench marked as to
how budget reserve funds were being utilized. He also announced that the School
Administration would be notified of the ADM number on April 24, which has a significant
revenue implication for the Schools, and reminded that the Council that if the revenue
estimates came in much less than projections, the City would agreed to provide
additional funds up to $500,000.00. He referenced other ways that the City might be of
assistance to the school system, such as debt service for Patrick Henry High School,
additional joint services, an increase in the meal tax and/or lodging tax.
Without objection by the Council, abovementioned comments/remarks were
referred to Budget Study.
CITY MARKET: Update regarding renovations to the City Market Building was
held at the end of the 2:00 p.m. session of Council. (See pages 139-140.)
138
ITEMS RECOMMENDED FOR ACTION:
PLANNING: The City Manager submitted a written communication
recommending execution of a letter of support and adoption of a resolution expressing
Council's support for the Smart Growth Implementation Assistance Program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38416-042009) A RESOLUTION supporting and authorizing the City's
application for a Smart Growth Implementation Assistance program, and authorizing the
City Manager to execute the required applications and take any other actions to
respond to any inquiries or provide supplemental information.
(For full text of resolution, see Resolution Book No. 73, page 182.)
Council Member Mason moved the adoption of Resolution No. 38416-042009.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
ZONING-STREETS AND ALLEYS: The City Manager submitted a written
communication recommending authorization to amend and reordain Ordinance No.
31616-082393 to extend the time required for fulfillment of the conditions to 12 months
from the date of re-ordainment in connection with vacating, discontinuing and closing an
unimproved alley extending in a northerly direction from Murray Avenue, S. E., for a
distance of approximately 167.74 feet to an alley that runs in an east/west direction
between 9th and 11 th Streets, S. E.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38417-042009) AN ORDINANCE amending and reordaining Ordinance No.
31616-082393; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 183.)
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Council Member Cutler moved the adoption of Ordinance No. 38417-042009.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
INDUSTRIES-ECONOMIC DEVELOPMENT AUTHORITY: The City Manager
submitted a written communication recommending execution of Amendment No.5 to
the Performance Agreement between the City of Roanoke, the Economic Development
Authority of the City of Roanoke, and IMD Investment Group, LLC, in order to provide
an additional time period for development of certain property within the Ivy Market
Shopping Center.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following ordinance:
(#38418-042009) AN ORDINANCE authorizing the proper City officials to
execute an Amendment NO.5 to a Performance Agreement dated November 18, 2004,
as amended, among the City of Roanoke, (City), the Economic Development Authority
of the City of Roanoke, Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which
amendment will provide for a time extension concerning an obligation of IMD under
such Performance Agreement, subject to certain requirements; and dispensing with the
second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 185.)
Council Member Trinkle moved the adoption of Ordinance No. 38418-042009.
The motion was seconded by Council Member Mason.
Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council in
opposition of the adoption of Ordinance NO. 38418-042009.
There being no questions and/or comments by the Council Members, Ordinance
No. 38418-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
140
CITY MANAGER COMMENTS:
CITIZEN APPRECIATION DAY: The City Manager expressed appreciation for I
an overwhelming attendance at the Annual Citizen Appreciation Day which was held on
Saturday, April 18 at Valley View Mall.
DIRECTOR OF FINANCE:
AUDITS/FINANCE REPORTS: The Director of Finance submitted the Financial
Report for the month of February 2009.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by the Council, the Financial Report for the month of February
2009 was received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
CITY MARKET: Lee Cunningham of Cunningham Quill Architects presented I
design options and associated costs for renovating the Market Building.
The City Manager stated that this project, along with others, will be considered
when developing the budget for 2009-2010 capital improvements in late Mayor early
June 2009; and that the next phase could take up to nine months. In addition, she
suggested that if Council wants to move forward, at the appropriate time - after the
discussion of finances, how much money is available, and other projects - the Council
should authorize the firm to move forward with the next phase of construction drawings.
(See copy of document on file in the City Clerk's Office.)
At this point Council Member Mason left the meeting (5:25 p.m.).
DISCUSSION:
Council Member Trinkle commented that he was excited that the building design
has incorporated an event meeting place for use by the citizens. He asked if additional
public meetings on the project have been scheduled; whereupon, the City Manager
advised that inasmuch as the Council had previously decided'to scale back on the
amount funds, public meetings, and number of options relating to the renovations for the
Market Building, the contract would have to be adjusted to accommodate any additional I
public meetings.
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141
Council Member Trinkle asked that the Council and City staff meet in May and, at
that time, look at the cost of developing construction drawings for both the amphitheater
and the Market Building so that they can weigh those projects out and consider whether
to move forward.
Council Member Rosen asked the City Manager if the design services for the
project would go out for bid again; whereupon, the Assistant City Manager for
Community Development replied in the affirmative and explained that the contract was
written with the option of the same firm continuing if the project moved forward.
There being no further discussion, the matter was referred to the City Manager
for recommendation and report back to the Council.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
At 5:55 p.m., the Mayor declared the Council meeting in recess for a Closed
Meeting in the Council's Conference Room, Room 451.
At 6:49 p.m., the Council meeting reconvened in the Council Chamber, Room
450, with Mayor Bowers presiding and all Members of the Council in attendance.
(Council Member Mason arrived during the Closed Meeting.)
COUNCIL: With the respect to the Closed Meeting just concluded, Vice-Mayor
Lea moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Cutler. Mayor Bowers stated that he participated in the
discussions in connection with the requests from the City Attorney and the City
Manager, adding that although previously approved, his request to discussing
vacancies on various authorities, boards, commissions and committees was withdrawn.
He also noted, for the record, that the request from the Vice-Chair of the City Council
Personnel Committee to discuss a personnel matter was deemed inappropriate and
was not in compliance with the Freedom of Information Act.
142
The following votes were recorded on the Certification of the Closed Meetings: I
REQUESTS FROM THE CITY ATTORNEY AND CITY MANAGER:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None.
REQUEST OF THE VICE-CHAIR OF THE CITY COUNCIL PERSONNEL
COMMITTEE:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler and Vice-Mayor
Lea-6.
NAYS: Mayor Bowers-1.
At 6:50 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building.
At 7:00 p.m., on Monday, April 20, 2009, the Council meeting reconvened in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church I
Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann A. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Boy Scout Troop No. Troop 138 of St. Elias Maronite Catholic Church.
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PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Vice-Mayor Lea offered the
following resolution paying tribute to the William Fleming High School Boys Varsity
Basketball Team:
(#38419-042009) A RESOLUTION paying tribute to William Fleming High
School's Boys Varsity Basketball Team for participating in the Virginia High School
League Group AM Boys Basketball State Championship Game.
(For full text of resolution, see Resolution Book No. 73, page 186.)
Vice-Mayor Lea moved the adoption of Resolution No 38419-042009. The
motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized Catherine
Levy, a junior at Roanoke Catholic High School, for being named one of the State's to
nominees in the Prudential Spirit of Communities Awards Program for her outstanding
volunteer contributions to others and her community. He presented Miss Levy with a
Certification of Appreciation and a City gift.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having adve'rtised a public hearing for Monday, April 20, .
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
Newmel, LLC, to rezone property located at 3605 Melrose Avenue, N. W., Official Tax
No. 2660103, from R-7, Residential Single Family District, to MX, Mixed Use District, for
the construction of a combination residential and commercial use building, and for uses
as permitted in the zoning district, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 3, 2009, and Friday, April 1 0, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
144
The City Planning Commission submitted a written report recommending the I
rezoning of the subject property from R-7 District to MX District to be consistent with
Vision 2001-2020, the Peters Creek North Neighborhood Plan, and the City's Zoning
Ordinance. It was advised that the variety of housing types and limited commercial
permitted within the MX District will encourage the establishment of a mixed use
development and provide an appropriate transition between the commercial uses along
Melrose Avenue and the residential and recreational uses to the north; and the limited
nature of the MX District will sufficiently guide the design of future development on the
property.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38420-042009) AN ORDINANCE to amend 9 36.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 188.)
Council Member Cutler moved the adoption of Ordinance No. 38420-042009. I
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
Ray Craighead, Agent, Craighead and Associates, Architect, appeared in support
of his client.
There being no questions and/or comments by the Council Members, Ordinance
No. 38420-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
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ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 20,
2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
The Branch Family, LLC, to rezone property located at 1354 8th Street, S. W., bearing
Official Tax Nos. 1130809 and 1130814, from 1-1, Light Industrial District, to IN,
Institutional District, subject to the condition that the property will be developed in
substantial conformity with the development plan for The Branch Family, LLC
(Rivermont School) dated March 19, 2009, prepared by Structures Design/Build LLC,
subject to such changes as may be required by the City during the comprehensive site
plan review process, for the purpose of operating an educational facility, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 3, 2009, and Friday, April 1 0,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending the
approval of the request, finding the application to rezone the subject property to be
consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Wasena
Neighborhood Plan. It was advised that the conversion of an underused industrial site
within a residential neighborhood to a school facility is appropriate and consistent with
future land use policies; and furthermore, the applicant has taken suitable strides to
improve the building, adding pedestrian amenities, landscaping, and visual interest to
the front building facade.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38421-042009) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to a certain condition proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 189.)
146
Council Member Mason moved the adoption of Ordinance No. 38421-042009. I
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
Maryellen F. Goodlatte, Esquire, appeared in support of the applicant.
There being no questions and/or comments by the Council Members, Ordinance
No. 38421-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
GREENWAYS: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, April 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on request to amend Vision 2001-2020, the
City's comprehensive plan, by amending the 2007 Update to the Roanoke Valley
Conceptual Greenway Plan to include the Lick Run Feasibility Study which includes an I
examination of the planned extension of the Lick Run Greenway north, a review of
potential bike and pedestrian connections east of 1-581, and a Trail Action Plan, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 3,2009, and Friday, April 1 0,2009.
(See publishers' affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the Amendment.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38422-042009) AN ORDINANCE amending Vision 2001-2020, the City's
Comprehensive Plan, by amending the 2007 Update to the Roanoke Valley Conceptual
Greenway Plan to include the Lick Run Greenway Phase III Feasibility Study dated
December 2008; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 190.)
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Council Member Cutler moved the adoption of Ordinance No. 38422-042009.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter.
Jim Lee, Chair, Roanoke Valley Greenways Commission, appeared before the
Council in support of the amendment for inclusion of the Lick Run Greenway Phase III
Feasibility Study.
There being no questions and/or comments by the Council Members, Ordinance
No. 38422-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 20,
2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, of the Code
of the City of Roanoke (1979), as amended, by amending and reordaining, or adding,
the following code sections, the matter was before the body:
A. Amend Section 36.2-201, Establishment of districts, to add a new base
district, UF, Urban Flex District, such district to allow a mix of small scale
industrial, commercial, institutional and residential uses;
B. Amend Section 36.2-205, Dimensional regulations, to require the
application of maximum front yard requirements for at least two front yards
on a corner lot in a UF District;
C. Addition of new Section 36.2-329, Urban Flex District (UF), to create the
UF, Urban Flex District, and to permit more than one principal structure on
a lot and to set forth the maximum lot area of 87,120 square feet, the
standards pertaining to pedestrian access and to permit or require the lot
frontage of 200 feet, a front yard maximum of 10 feet, a maximum height
of 50 feet, and an allowable impervious surface of 100%, under certain
circumstances, and to require glass facades, in the UF District;
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D.
Amend Table 340-1, Use Matrix, to allow a range of residential; hotel;
office, such as general, professional and medical; commercial, such as
veterinary services, body piercing establishments, dry cleaning stations,
motor vehicle repair or service establishments, personal service
establishments, and retail sales and services; light industrial, such as
wholesale food production, manufacturing, and electrical component
assembly; assembly and entertainment, such as entertainment
establishments, eating and drinking establishments, civic organizations
and meeting halls; public, institutional or community facilities, such as
adult or child day care centers, educational facilities, fire or police
services, and post offices; and utility uses, such as broadcast towers,
utility distribution or collection facilities, and wireless telecommunications
facilities, by right and by special exception in the UF District;
E. Amend Section 36.2-408, Day care centers, child, to exempt from outdoor
play area requirements for child day care centers in the UF District;
F. Amend Section 36.2-410, Fences, walls, arbors and trellises, to allow
fences and walls in any required yard to be eight feet in height in the UF
District;
G.
Amend Section 36.2-423, Outdoor storage, to require a buffer yard around
storage areas under certain circumstances in the UF District;
H.
Amend Section 36.2-426, Parking structures, to require in all districts
vertical or horizontal variation in setback, material, or fenestration along
the facade of such structures;
I. Amend Table 429-1, Temporary Uses, to allow Christmas tree sales,
construction office, fireworks stand, outdoor retail sales, portable storage
containers, produce stand, public events, and yard sales as temporary
uses in the UF District;
J. Amend Table 647-2, Required Buffer Yards, to establish buffer yard
requirements for the UF District;
K. Amend Section 36.2-652, Minimum off-street parking, and Section 36.2-
653, Maximum off-street parking, to exempt the UF District from minimum
parking space requirements;
L.
Amend Section 36.2-654, Off-street parking area standards, to set out off-
street parking requirements for the UF District, and amend Table 654-2,
Driveway Widths, Except for Lots Containing Single-Family Detached
Dwellings, to regulate the maximum and minimum widths of driveways in
the UF District;
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M.
Amend Section 36.2-655, Off-street loading, to exempt the UF District
from certain minimum loading space requirements;
N. Amend Section 36.2-661, Applicability, to specify a 60 square foot
maximum for a real estate or a construction sign in the UF District;
O. Amend Table 668-1, Types and Number of On-Premises Signs Permitted
by Zoning Districts, to specify the types and number of certain on-
premises signs permitted in the UF District;
P. Amend Table 669-1, On-Premises Signs: Dimensional, Height and
Setback Regulations, to specify the maximum dimension, height, and
setback requirements for signs in the UF District;
a. Amend Table 673-1, Temporary Signs: Maximum Square Footage of Sign
Area, to specify a maximum of 32 square feet for a temporary sign in the
UF District;
R.
Amend Section 36.2-205, Dimensional regulations, Section 36.2-314,
Commercial Districts (CN, CG, CLS), Section 36.2-403, Accessory uses
and structures, Section 36.2-407, Commercial motor vehicle sales and
service, new or used, Section 36.2-409, Drive-through facilities, Section
36.2-418, Motor vehicle or trailer painting and body repair, Section 36.2-
420, Motor vehicle sales and service establishment, new, Section 36.2-
421, Motor vehicle sales and service establishment, used, Section 36.2-
423, Outdoor storage, Section 36.2-427, Satellite dish antennas, Section
36.2-429, Temporary uses, Section 36.2-430, Towing services, Section
36.2-620, Purpose, Section 36.2-647, Buffer yards, Section 36.2-648,
Parking area landscaping, Section 36.2-649, Screening of specific uses
and facilities, Section 36.2-650, Purpose, Section 36.2-652, Minimum off-
street parking, Section 36.2-654, Off street parking standards, and Section
36.2-655, Off-street loading, by replacing the term "public street" with the
word "street", amending Section 36.2-205, Dimensional regulations, by
deleting the phrase "or a private street in a MXPUD, INPUD or INPUD
District", and to apply regulations to all streets;
S. Amend Section 36.2-326, Mixed Use Planned Unit Development District
(MXPUD), to modify the required mix of uses in a MXPUD and to delete
the side and rear yard standards for such yards abutting the perimeter of a
MXPUD District;
T.
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Amend Table 340-1, Use Matrix, to allow personal service home
occupations as an accessory use permitted by right in the RA, R-12, R-7,
R-5, R-3, RM-1, RM-2, RMF, MX, and MXPUD districts;
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U.
Amend Section 36.2-405, Bed and breakfast, to allow bed and breakfast
establishments to be located within a single-family detached dwelling,
regardless of such dwelling's date of construction or its proximity to any
other bed and breakfast establishment;
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V. Amend Section 36.2-413, Home occupations, to eliminate the powers of
the Board of Zoning Appeals to place restrictions on the number of clients
and customers to visit a personal service home occupation;
W. Amend Section 36.2-642, General landscaping and screening standards,
to reduce timeline requirements for the installation of required landscaping
and the provision of guarantees;
X. Amend Section 36.2-649, Screening of specific uses and facilities, to
clarify acceptable screening material;
Y. Amend Section 36.2-654, Off-street parking area standards, to add single
family attached to the uses allowed to directly access a parking space
from a street, to substitute the phrase lot frontage for right-of-way in the
applicability of driveway standards, and to decrease the dimensional
requirements for off-street parking spaces in Table 654-1, Off-Street
Parking Dimensions; and
Z.
Amend Section 36.2-668, Types and number of on-premises signs, to
clarify the applicability of Table 668-1:
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AA. Amend Section 36.2-840, Zoning administrator, and add a
Section 36.2-841, Powers and duties, to allow the Zoning
Administrator to grant modifications under certain
circumstances; and
BB. Amend Appendix A, Definitions, to revise the definitions of
Lot frontage to clarify its applicability and Recycling
collection point to include moveable containers and certain
donated goods.
II. Request from the City Planning Commission to amend Table 400-1,
Required Street Improvements, of Chapter 31.1, Subdivision, of the Code
of the City of Roanoke (1979), as amended, to include references to the
UF, Urban Flex District, a new zoning classification proposed by the
Planning Commission.
III. Requests from the City Planning Commission to rezone the following
properties as follows:
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A.
Official Tax Nos. 1320710, 1320715, 1320802, 1321101, 1321202
through 1321206, inclusive, 1321209, 1321212, 1321213, and
1321324, located on Cleveland Avenue, 16th, 17th and 18th
Streets S.W., from 1-2, Heavy Industrial District, to UF, Urban Flex
District, for uses permitted in the UF, Urban Flex District;
B. Official Tax Nos. 1220423 through 1220429, inclusive, 1220907,
1220908, 1221201, 1221203 1221207, 1221301, 1320701,
1320702, 1320706, 1320801, 1320803, 1320804, 1320805,
1320909, 1321201, 1321214, 1321215, 1321301, 1321313,
1321314, 1321315, 1321317, 1321325, 1321327, located on
Midvale Avenue, S.W., and 13th Street, S.W., and on Cleveland
Avenue, S.W., and 15th Street, S.W., from 1-1, Light Industrial
District, to UF, Urban Flex District, for uses permitted in the UF,
Urban Flex District;
C. Official Tax Nos. 1320303, 1320309 and 1320410, located on
Chapman and Campbell Avenues, S.W., from RM-1, Residential
Mixed Density District, to UF, Urban Flex District, for uses
permitted in the UF, Urban Flex District;
D.
Official Tax Nos. 1420101R through 1420104R, inclusive,
1321501R, 1221406 and 1222403, located on Midvale Avenue,
S.W., and Railroad Avenue, S.W., from 1-1, Light Industrial District,
to ROS, Recreation and Open Space District, for uses permitted in
the ROS District; and
E. Official Tax Nos. 1220802 and 1220803, located on 13th Street,
S.W., from RM-2, Residential Mixed Density District, to MX, Mixed
Use District, for uses permitted in the MX Use District.,
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 3, 2009, and Friday, April 1 0, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report advising that the
proposed amendments to the Zoning Ordinance are consistent with, and will further the
intent of, Vision 2001-2020; and recommends approval of the amendments.
(For full text, see report on file in the City Clerk's Office.)
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Council Member Cutler offered the following ordinance: I
(#38423-042009) AN ORDINANCE amending and reordaining Section 36.2-205,
Dimensional regulations; Section 36.2-314, Commercial Districts (CN, CG, CLS);
Section 36.2-326, Mixed Use Planned Unit Development District (MXPUD); Table 340-1
of Section 36.2-340, Use Matrix; Section 36.2-403, Accessory uses and structures;
Section 36.2-405, Bed and breakfast; Section 36.2-407, Commercial motor vehicle
sales and service, new or used; Section 36.2-409, Drive-through facilities; Section 36.2-
413, Home occupations; Section 36.2-418, Motor vehicle or trailer painting and body
repair; Section 36.2-420, Motor vehicle sales and service establishment, new; Section
36.2-421, Motor vehicle sales and service establishment, used; Section 36.2-423,
Outdoor storage; Section 36.2-427, Satellite dish antennas; Section 36.2-429,
Temporary uses; Section 36.2-430, Towing services; Section 36.2-620, Purpose; 36.2-
642, General landscaping and screening standards; Section 36.2-647, Buffer yards;
Section 36.2-648, Parking area landscaping; Section 36.2-649, Screening of specific
uses and facilities; Section 36.2-650, Purpose; Section 36.2-652, Minimum off-street
parking; Section 36.2-654 Off-street parking area standards; and Table 654-1, Off-
Street Parking Dimensions; Section 36.2-655, Off-street loading; Section 36.2-668,
Types and number of on-premises signs; Section 36.2-840, Zoning Administrator, and
Appendix A, Definitions; and adding a new Section 36.2-841, Powers and duties, of
Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the
purpose of clarifying or refining regulations based on their practical application; and I
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 192.)
Council Member Cutler moved the adoption of Ordinance No. 38423-042009.
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
Council Member Rosen asked as to why landscaping is required before a
permanent certificate of occupancy is issued. Nancy Snodgrass, Zoning Administrator,
advised that it is to insure that the landscaping gets done. Having expressed his
disapproval, Council Member Rosen asked if a provision could be added to allow the
occupant to ask for a certificate of occupancy with plans to landscape later. Ms.
Snodgrass replied that this section clarifies that a temporary certificate of occupancy
can now be issued whereby previously it could not, and she pointed out that City staff
works with people, all the time, with special circumstances. Council Member Rosen
requested, in writing, at the discretion of the Zoning Administrator, waivers will be
granted beyond the three month period.
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Council Member Rosen also inquired about what prompted the change regarding
chain link fencing with slats no longer acceptable to cover dumpsters and various items.
Ms. Snodgrass explained that due to the negative experiences with the fencing and
over time, when the slats deteriorate, the object becomes visible. She added that staff is
recommending stockade fencing or masonry walls. He inquired if the Planned Unit
Development would no longer allow private roads; whereupon, Mr. Chittum advised that
the word "public" is being removed so that regulations can apply to both public and
private roads.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38423-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Trinkle, Cutler, and Bowers-6.
NAYS: Council Member Rosen-1.
The City Planning Commission submitted a written report recommending
amendment to Chapter 36.2, ZoninQ, and Chapter 31.1, Subdivision, Code of the City of
Roanoke (1979), as amended, by amending, reordaining, and adding sections
pertaining to the UF, Urban Flex District, a new zoning classification. It was advised
that the proposed amendments to the zoning ordinance and subdivision ordinance are
consistent with, and will further the intent of, Vision 2001-2020 and the City-Wide
Brownfield Plan, and the Mountain View, Norwich Corridor Plan; and the Urban Flex
District will encourage the sustainable reuse of underperforming urban industrial areas
by providing opportunities to attract new businesses and residents while maintaining
their industrial base.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following ordinance:
(#38424-042009): AN ORDINANCE amending and reordaining Section 36.2-
201, Establishment of districts; Section 36.2-205, Dimensional regulations; adding a
new Section 36.2-329, Urban Flex District (UF); and amending and reordaining Table
340-1 of Section 36.2-340, Use matrix; Section 36.2-408, Day care centers, child;
Section 36.2-410, Fences, walls, arbors, and trellises; Section 36.2-423, Outdoor
storage; Section 36.2-426, Parking structures; Section 36.2-429, Temporary uses;
Table 429.1, Temporary Uses; Table 647-2, Required buffer yards, of Section 36.2-647,
Buffer yards; Section 36.2-652, Minimum off-street parking; Section 36.2-653, Maximum
off-street parking; Section 36.2-654, Off-street parking area standards; Table 654-2,
Driveway widths, except for lots containing single-family detached dwellings, of Section
36.2-654, Off-street parking area standards; Section 36.2-655, Off-street loading;
Section 36.2-661, Applicability; Section 36.2-668, Types and number of on-premises
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signs, and Table 668-1, Types and numbers of on-premises signs permitted by zoning
districts, of Section 36.2-668, Types and number of on-premises signs; Table 669-1, I
On-premises signs: dimensional, height, and setback regulations, of Section 36.2-669,
Dimensional standards for on-premises signs; and Table 673-1, Temporary signs:
Maximum square footage of sign area, of Section 36.2-673, Temporary on-premises
signs, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
for the purpose of creating and providing for a new base zoning district, UF, Urban Flex
District, and establishing certain regulations in such UF District; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 212.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38424-042009. The
motion was seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following ordinance:
(#38425-042009): AN ORDINANCE amending and reordaining Table 400-1, I
Required Street Improvements, of Section 31.1-400, Standards for streets, of Chapter
31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, for the
purpose of including within Chapter 31.1, Subdivisions, a reference to a new base
zoning district, UF, Urban Flex District; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 254.)
Council Member Mason moved the adoption of Ordinance No. 38425-042009.
The motion was seconded by Council Member Price and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
The City Planning Commission submitted a written report recommending
rezoning of Official Tax Nos. 1320710, 1320715,320802,1321101,1321202 through
1321206, inclusive, 1321209, 1321212, 1321213, and 1321324, located on Cleveland
Avenue, 16th, 1ih and 18th Streets, S. W., from 1-2, Heavy Industrial District, to UF,
Urban Flex District, for uses permitted in the UF, Urban Flex District; Official Tax Nos.
1220423 through 1220429, inclusive, 1220907, 1220908, 1221201, 1221203, 1221207, I
1221301, 1320701, 1320702, 1320706, 1320801, 1320803, 1320804, 1320805,
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1320909, 1321201, 1321214, 1321215, 1321301, 1321313, 1321314, 1321315,
1321317,1321325,1321327, located on Midvale Avenue, S. W., and 13th Street, S. W.,
and on Cleveland Avenue, S. W., and 15th Street, S. W., from 1-1, Light Industrial
District, to UF, Urban Flex District, for uses permitted in the UF, Urban Flex District;
Official Tax Nos. 1320303, 1320309, and 1320410, located on Chapman and Campbell
Avenues, S. W., from RM-1, Residential Mixed Density District, to UF, Urban Flex
District, for uses permitted in the UF, Urban Flex District; Official Tax No. 1420101 R
through 1420104R, inclusive, 1321501R, 1221406 and 1222403, located on Midvale
Avenue, S. W., and Railroad Avenue, S. W., from 1-1, Light Industrial District, to ROS,
Recreation and Open Space District, for uses permitted in the ROS District; and Official
Tax Nos. 1220802 and 1220803, located on 13th Street, S. W., from RM-2, Residential
Mixed Density District, to MX, Mixed Use District, for uses permitted in the MX Use
District. It was advised that a motion to remove the property bearing Official Tax No.
1220422 from the rezoning request, per the property owner's request was approved;
and the application to rezone the subject properties was found to be consistent with
Vision 200-2020, the City-Wide Brownfield Redevelopment Plan, and the Mountain
View/Norwich Corridor Plan; and rezoning the subject properties to UF District, MX
District, and ROS District will encourage mixed use development that is compatible with
adjoining residences, existing businesses, and the planned Roanoke River Greenway
extension.
(For full text, see report on file in the City Clerk's Office.)
Council Member Price offered the following ordinance:
(#38426-042009) AN ORDINANCE to amend 9 36.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain properties within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 255.)
Council Member Price moved the adoption of Ordinance No. 38426-042009. The
motion was seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
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Council Member Rosen offered the following ordinance:
(#38427-042009): AN ORDINANCE to amend ~36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain properties within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 258.)
Council Member Rosen moved the adoption of Ordinance No. 38427-042009.
The motion was seconded by Council Member Trinkle.
Council Member Cutler pointed out that the previous Ordinance that was adopted
denotes that the former Hannah Court trailer park will be converted into a City park and
greenway.
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38427-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
Council Member Trinkle offered the following ordinance:
(#38428-042009) AN ORDINANCE to amend ~36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5,2005, as amended, to rezone certain properties within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 259.)
Council Member Trinkle moved the adoption of Ordinance No. 38428-042009.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
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SALE/PURCHASE OF PROPERTY: Pursuant to instructions by the Council, the
City Clerk having advertised a public hearing for Monday, April 20, 2009, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke
to enter into a contract conveying three (3) City owned parcels located at 425 Church
Avenue, S.W. (Tax Map Numbers 1011206, 1011209, 1011210), which is the site of the
former YMCA facility, to W. E. Muse Station, LP, in order for W. E. Muse Station, LP, to
renovate the existing building resulting in approximately 16,000 square feet of
commercial space and approximately 32 rental apartments, subject to certain terms and
conditions, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 10, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending authorization to
execute a contract with W. E. Muse Station, LP, to convey three City-owned parcels of
property located at 425 Church Avenue, S. W., the former YMCA facility site, subject to
certain terms and conditions.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38429-042009) An ORDINANCE authorizing the proper City officials to
execute a contract to sell to W. E. Muse Station, LP, certain City owned property
located at 425 Church Avenue, S. W., Roanoke, Virginia, 24016, and identified as Tax
Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions;
authorizing the City Manager to execute such further documents and take such further
actions as may be necessary to accomplish the above matters; and dispensing with the
second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 260.)
Council Member Mason moved the adoption of Ordinance No. 38429-042009.
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being no, the Mayor declared the public hearing
closed.
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Anthony Smith, representing W. E. Muse Station, LP, appeared in support of the I
request.
There being no questions and/or comments by the Council Members, Ordinance
No. 38429-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
BUDGET: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, April 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider a proposal to adjust the aggregate
amount of its FY 2008-2009 annual budget, in the amount of $259,894,000.00, in the
connection with appropriation of funds, in the recommended increase amount of
$3,850,513.00, for its Social Services/Human Services programs related to Foster Care,
Day Care Services, Refugee Resettlement and Comprehensive Services Act, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, April 13, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Manager submitted a written report recommending approval of
additional funding for the Department of Social Services and Comprehensive Services
Act.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38430-042009) AN ORDINANCE to appropriate funding from the
Commonwealth and transfer funding to the Department of Social Services and
Comprehensive Services Act, amending and reordaining certain sections of the 2008-
2009 General Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 262.)
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Council Member Rosen moved the adoption of Ordinance No. 38430-042009.
The motion was seconded by Council Member Price.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 38430-042009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Bowers-7.
NAYS: None-O.
SCHOOLS: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, April 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive the views of citizens regarding
appointment of School Board Trustees, Candidates for Roanoke City School Board
Trustee positions are Jason Bingham, Mae Huff and Todd Putney. The Council will elect
three School Board Trustees for three-year terms of office commencing July 1, 2009
and ending June 30, 2012, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, April 10, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who wished to speak in
connection with the matter.
Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council and
spoke in support of the reappointment of Jason Bingham, Mae Huff, and Todd Putney
as Trustees of the Roanoke City School Board.
David Carson, Chair, Roanoke City School Board, appeared before the Council
and also spoke in support of the reappointment of Jason Bingham, Mae Huff, and Todd
Putney as Trustees of the Roanoke City School Board. He advised that the School
Board has had many accomplishments, such as, implementing a ten-point grading
scale, lengthened the school day, the investment of two new high schools with stadiums
at each location, a new School Superintendent, a new overage student academy that is
unique in the Commonwealth, an agreement with Valley Metro that allows middle and
high school students to ride the buses for free, an agreement that ensures all students
two years of paid college education at Virginia Western Community College, revised
attendance zones, privatization of the school bus services, and implementing a unique
teacher compensation plan.
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He further advised that Jason Bingham was largely responsible for the I
agreement with the community college; Todd Putney was largely responsible for
overseeing the construction of William Fleming High School and assures that it is on
time and under budget as well as the teacher compensation program; and Mae Huff
worked closely in drafting the equality policy that coincided with the decision to amend
the attendance zones. He pointed out that they are extremely valuable members of the
School Board team and thanked the Council for the favorable consideration of
reappoi ntment.
Mayor Bowers requested that copy of Chairman Carson's comments be
forwarded to the Council.
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 immediately for response, recommendation
or report to Council.
SCHOOLS: Chris Craft, 1501 East Gate Avenue, N. E., appeared before the
Council and expressed appreciation for the City's support of the construction of the new
William Fleming High School campus.
RECREATION-BUDGET: James Stanley, President, Norwich Neighborhood I
Alliance, appeared before the Council, in opposition of the closing of Norwich
Recreation Center due to budget cuts; and urged the Council to reconsider its decision.
For clarification purposes, the City Manager advised that staff was proposing that
the Norwich Recreation Center be opened four days a week, instead of five.
CITY GOVERNMENT: Robert Gravely, 3360 Hershberger Road, N. W.,
appeared before the Council, and again spoke about the lack of leadership and vision
for the City of Roanoke.
ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor recognized Thomas
Breakell and Jay Forehand, members of Boy Scout troop No.7, sponsored by St.
John's Episcopal Church, and expressed appreciation for their presence.
At 8: 18 p.m., there being no further business, the Mayor declared the Council
meeting in recess until Thursday, April 30, 2009, at 7:00 p.m., in the Council Chamber,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for the purpose of
holding public hearings on the Proposed Fiscal Year 2009-2010 Budget, HUD Funding
and Real Estate Tax Levy.
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The recessed meeting of the Roanoke City Council was reconvened at 7:00 p.m.,
in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., with Mayor David A. Bowers presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price (arrived late), Court G. Rosen, M. Rupert Cutler, and David A. Bowers-6.
ABSENT: Council Member David B. Trinkle-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney, Ann H. Shawver, Director of Finance, and Stephanie M.
Moon, City Clerk.
The invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
The Mayor advised that the purpose of the recessed meeting was to conduct
public hearings on the proposed Recommended Fiscal Year 2009-2010 City budget,
Recommended 2009-2010 HUD Funds Budget; and proposed real property tax levies
and tax rate.
BUDGET: Pursuant to the instructions of the Council, the City Clerk having
advertised a public hearing for Thursday, April 30, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, for the purpose of holding a public hearing on
the Recommended Fiscal Year 2009-2010 City of Roanoke Budget, in the amount of
$257,042,000.00, the matter was before the Council.
Legal advertisement of the public hearing was published in The Roanoke Times
on Tuesday, April 22, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The Mayor inquired if there were persons present who would like to speak on the I
matter.
Joyce Waugh, Executive Director, Roanoke Regional Chamber of Commerce,
appeared before the Council and spoke about the lack of funding in the Fiscal Year
2009-2010 Budget for small businesses. She distributed information in relation to small
businesses in the Roanoke Valley.
(See copies of information on file in the City Clerk's Office.)
Robert R. Craig, 701 12th Street, S. W., appeared before the Council and spoke
about a source of funding that could be used in lieu of the rainy day fund.
Helen Butler, 858 Wildwood Road, S. W., appeared before the Council and
spoke about funding for continuation of Brain Injury Services of Southwest Virginia.
At this point, Council Member Price entered the meeting. (7:20 p.m.)
Paula Dulaney, 1208 Dale Avenue, S. W., appeared before the Council and
spoke in support of funding for Brain Injury Services of Southwest Virginia.
Wendy Moses, 7193 Wild Cherry Court, S. W., appeared before the Council and
spoke in support of funding for Brain Injury Services of Southwest Virginia. I
Brenda Hale, President, NAACP, appeared before the Council and spoke about
the fiduciary responsibility of the Roanoke City Council.
Annette Lewis, Senior Vice President of Programs and Director, TAP This Valley
Works, appeared before the Council and spoke about the decrease in funding to TAP.
(See comments on file in the City Clerk's Office.)
Ellen Brown, 145 Campbell Avenue, S. W., appeared before the Council and
spoke about the decrease in funding for services to citizens in Roanoke from TAP.
Khadyah Bundick, 4902 Northwood Drive, N. W., appeared before the Council
and spoke about the proposed closing of the City pools during the summer months.
Kaye Hale, Executive Director, West End Center, appeared before the Council
and spoke about the lack of funding for City youth programs.
Ky-ojah Ferrell, 1702 Rorer Avenue, S. W., appeared before the Council and
spoke about the proposed closing of Washington Park pool and urged the Council to
give the matter reconsideration.
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At this point, Vice-Mayor Lea left the meeting. (7:45 p.m.)
Joshua Meade, 110 14th Street, S. W., Apartment B, appeared before the Council
and spoke about the proposed closing of the Washington Park pool; and asked the
Council to give the matter reconsideration.
Shannon K. Cox, 3711 Greenland Avenue, N. W., appeared before the Council
and spoke about the proposed reduction in the library hours; and asked the Council to
give the matter reconsideration.
Robert D. Gravely, 3360 Hershberger Road, N. W., appeared before the Council
and spoke about various services that should be available to the citizens of Roanoke.
Gene Edmunds, 2322 Rosalind Avenue, S. W., appeared before the Council and
spoke about the funding for the City pools, such as Gator Pool partnering with the City
to keep Fallon Park pool open, noting concern about the closing of Washington Park
pool.
(See comments on file in the City Clerk's Office.)
Brenda Brown-Groom, 1622 Grayson Avenue, N. W., appeared before the
Council and spoke about the increase in funding the Roanoke City Schools.
There being no further speakers, the Mayor declared the public hearing closed.
BUDGET-GRANTS: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Thursday, April 30, 2009, at 7:05 p.m., or as soon
thereafter as the matter may be heard, for the purpose of holding a public hearing on
the City's proposed 2009-2010 HUD Funds Budget, in the amount of $4,066,936.00, the
matter was before the Council.
Legal advertisement of the public hearing was published in The Roanoke Times
on Tuesday, April 21, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like to be heard in
connection with the matter.
Kaye Hale, Executive Director, West End Center, appeared before the Council
and spoke about CDBG funds being used for City projects instead of City programs;
and urged the Council to review the policy and process.
Mark Powell, 655 Highland Avenue, S. E., appeared before the Council and
spoke about the HUD CDBG funding for certain City programs.
164
There being no further speakers, the Mayor declared the public hearing closed.
I
At 8:04 p.m., the recessed meeting was declared in recess and immediately
reconvened for a public hearing on the City's real property tax levies and tax rate for
Fiscal Year 2009-2010, Mayor Bowers presiding and all Members of the Council in
attendance, with the exception of Vice-Mayor Lea.
BUDGET-TAXES: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Thursday, April 30 2009, at 7:10 p.m., or as soon
thereafter as the matter may be heard, the "effective tax rate increase", for fiscal year
2009-2010, as follows, the matter was before the body:
Assessment Increase: The total assessed value of real property, excluding
additional assessments due to new construction or improvements to
property, exceeds last year's total assessed value of real property by 0.68
percent.
Lowered Rate Necessary to Offset Increased Assessment: The tax rate
which would levy the same amount of real estate tax as last year, when
multiplied by the new total assessed value of real estate with the exclusions
mentioned above, would be $1.18 per $100.00 of assessed value. This
rate will be known as the "lowered tax rate".
Effective Rate Increase: The City of Roanoke proposes to adopt a tax rate
of $1.19 per $100.00 of assessed value. The difference between the
lowered tax rate and the proposed tax rate would be $.01 per $100.00 or
0.84 percent. This difference will be known as the "effective tax rate
increase". Individual property taxes may, however, increase at a
percentage greater than or less than the above percentage.
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Proposed Total Budqet Increase: Based on the proposed real property tax
rate and changes in other revenues, the total budget of the City of Roanoke
will exceed last year's by 1 % percent.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing.
Robert R. Craig, 701 1ih Street, S. W., appeared before-the Council and spoke
about the "effective Tax rate increase".
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Mayor Bowers explained that the City Manager was not proposing an increase in
the tax rate, but only in the assessment.
There being no further speakers, the Mayor declared the public hearing closed.
There being no further business, the Mayor declared the recessed meeting
adjourned at 8:13 p.m.
APPROVED
ATTEST:
~h1.~<w
Stephanie M. Moon, CMC
City Clerk
~....
David A. Bowers
Mayor
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REGULAR SESSION--ROANOKE CITY COUNCIL
May 4, 2009
I
9:00 a.m.
The Council of the City of Roanoke met in joint session with the Roanoke City
School Board on Monday, May 4, 2009, at 9:00 a.m., in the William Fleming High
School Media Center, 3649 Ferncliff Avenue, N. W., with Mayor David A. Bowers and
Chairman David B. Carson presiding, pursuant to Chapter 2, Administration, Article II,
City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetinas, Code of t~e
City of Roanoke (1979), as amended, and pursuant to Resolution No. 38150-070708
adopted by the Council on Monday, July 7, 2008; and Resolution No. 38415-040609
adopted by the Council on Monday, April 6, 2009.
PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G.
Rosen (arrived late), David B. Trinkle, M Rupert Cutler, Sherman P. Lea and Mayor
David A. Bowers-7.
ABSENT; None-O.
SCHOOL BOARD TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff,
Suzanne P. Moore, Courtney A. Penn, Todd A. Putney, Lori E. Vaught and Chairman I
David B. Carson-7. .
SCHOOL BOARD TRUSTEES ABSENT: None-O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
OTHERS PRESENT: Representing City of Roanoke: R. Brian Townsend,
Assistant City Manager for Community Development; James Grigsby, Assistant City
Manager for Operation; and Melinda Mayo, Public Information Officer.
REPRESENTING ROANOKE CITY PUBLIC SCHOOLS: Dr. Rita D. Bishop,
Superintendent; Dr. Curt Baker, Deputy Superintendent; Cindy H. Poulton, Clerk of the
Board; and Timothy R. Spencer, Legal Counsel to the Board.
COUNCIL-SCHOOLS: Mayor Bowers expressed appreciation to the Chairman
and School Board for hosting the meeting at William Fleming High School; and he
recognized School Board Trustees Bingham, Huff and Putney for their willingness to
serve an additional three-year term of office as School Board Trustees.
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WilLIAM FLEMING SCHOOL BUS SHELTER
Public Art Coordinator Susan Jennings introduced William Fleming Art Teacher,
Jimmy Deck, and local artist, Ed Dolinger, who facilitated the bus shelter design with
students at William Fleming High School. Ms. Jennings stated that the process was
similar to the process used for the design of the bus shelter at Patrick Henry High
School and called upon the students to present an overview of the design process. She
further stated that the goal was to have the bus shelter completed by August 2009.
At this point, Council Member Rosen arrived at the meeting. (9: 1 0 a.m.)
Without objection by the Council, approval was granted to move forward with the
shelter's creation.
Architect Richard Rife provided a tour of the $58 million construction of the new
William Fleming High School campus. Chairman Carson expressed sincere
appreciation to the Council for its investment in the high school and stated that
construction of the stadium will commence in the fall of 2009.
At 9:28 a.m., the Chairman declared the School Board meeting adjourned.
At 9:28 a.m., the Mayor declared the Council meeting in recess to be reconvened
in the EOC Conference Room, Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., immediately following the tour of the new high school campus.
At 10:45 a.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, Noel C. Taylor Municipal Building, Mayor Bowers presiding, and all
Members of the Council in attendance.
CITY COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Cutler and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE I
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY ON JUNE 1, 2009, AT
12:00 NOON. The Mayor suggested that all agenda items be forwarded to the City
Clerk or City Manager.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/ DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
BRIEFINGS:
Gainsboro Librarv Public Art Proposal/Roanoke Youth Arts Connection Proiect.
Susan W. Jennings, Public Art Coordinator, briefed the Council on the proposed
artwork for Gainsboro Library Public Art Proposal and the Roanoke Youth Arts
Connection Project.
(See copy of powerpoint on file in the City Clerk's Office.)
Following discussion of the matter, the Council gave their approval of the
interactive art designed by Madeline Weiner to be installed at the Gainsboro Branch
Library. It was noted that a resolution would be acted upon at the 2:00 p.m. session of I
Council.
With regard to the possible purchase of existing temporary art around the City,
Ms. Jennings advised that the three art pieces located at the Jackson Library, The Hotel
Roanoke and Williamson Road Library had been selected by various groups, and they
were applying for grants to help purchase such art. She further advised that the Arts
Council of the Blue Ridge was doing a project called, "Roanoke Youth Arts Connection",
and the Arts Commission planned to partner with the Council on future art projects.
Ms. Jennings stated that five to six at-risk students would be hired for the
summer through the Police Department, adding that the painting of a large mural was
being considered and would be installed on the inside wall of the Center in the Square
Parking Garage.
Thirlanel Airport Road
Mark Jamison, Manager of Transportation Division, briefed the Council on the
status of the Aviation Drive and Towne Square Boulevard roundabout.
(See powerpoint on file in the City Clerk's Office.)
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Mr. Jamison recommended the installation of a traffic signal to address traffic
issues on Airport Road, with only a one-way exit from Thirlane Road.
Council Member Mason expressed her preference for a roundabout to be
constructed to handle traffic on Airport Road.
Mr. Jamison related City staff's concerns about traffic problems that could result
because citizens may not understand how to use a two-lane roundabout.
Following discussion, Mayor Bowers asked Jacqueline Shuck, Executive
Director, Roanoke Regional Airport Commission, whether the Airport Commission had a
preference for building a roundabout or installing a traffic signal; whereupon Ms. Shuck
responded that the traffic signal does not effectively address the traffic issues for the
Airport if Thirlane Road is included.
Mayor Bowers suggested that City staff meet with the Roanoke Airport
Commission to develop an alternative plan that allows traffic to right-turn exit from
Thirlane Road to Aviation Drive, and thereafter, report back to the Council within 60
days with the Commission's feedback.
Stormwater Utilitv Presentation
Philip Schirmer, City Engineer, gave an overview of the need for a stormwater
utility, stating that the first two steps toward establishing the utility is developing a
feasibility study and a rate structure.
He shared a powerpoint which covered the following items;
. Storm Water Basics
. Storm Water Regulations
. Previous Studies
· Storm Draingage Resources
· Storm Water Utility Concept
(See copy of powerpoint on file in the City Clerk's Office.)
The City Manager suggested that the City move forward with process to
implement a stormwater utility fee, however, make it a capital fund, not to be dedicated
to specific capital projects. She added that there were two levels of capital needs, as
well as regional needs, but the City needed to address localized neighborhood issues
first and thereafter, prepare to participate in a regional effort. She pointed out that a
portion of the fee should be designated to address local needs whether in the City of
Roanoke, City of Salem, Roanoke County or Botetourt County. She noted that concern
had been expressed about maintenance of such programs and exemptions.
170
Following ensued dialogue, the City Manager was instructed to proceed with the I
development of an implementation strategy that would include establishment of a fee
that would be paid by property owners, with no exemptions allowed; and to provide the
Council with a list of capital projects.
At 12:10 p.m., the Mayor declared the meeting in recess to be reconvened for a
joint meeting of the Council and the Economic Development Authority in Room 159.
At 12:30 p.m., the Council meeting reconvened in Room 159, for a joint meeting
of Council and the Economic Development Authority, with Mayor Bowers and
Vice-Chairman Charles E. Hunter, III, presiding.
PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G.
Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
ECONOMIC DEVELOPMENT AUTHORITY MEMBERS PRESENT: Chris Berry, I
Linda D. Frith, S. Deborah Oyler, F. Gordon Hancock, A. Damon Williams, and
Vice-Chairman, Charles E. Hunter, 111-6.
ABSENT: Chairman Dennis R. Cronk-1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Sheila N. Hartman,
Deputy City Clerk.
REPRESENTING THE ECONOMIC DEVELOPMENT AUTHORITY: Harwell
Darby, Secretary; and Lindsay Hutton Hurt, Economic Development Specialist.
ANNUAL REPORTS-ECONOMIC DEVELOPMENT-INDUSTRIES: On behalf of
the Members of Council, the Mayor welcomed Directors and staff of the Economic
Development Authority.
On behalf of the Chairman, Vice-Chairman Hunter presented an Interim Report
as of April 30, 2009. He highlighted activities of the Economic Development Authority
2007/2008; and he commented that the EDA looked forward to continuing its close
partnership in economic development with the City of Roanoke and stands ready to
work as a full economic development partner with other members of the City's team.
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Indepth discussion was held regarding activities of the Authority, including the
hiring of an Economic Development Coordinator for the City. It was noted that the
primary focus of the Authority should be expansion or new businesses in the area.
At this point, Council Member Price left the meeting (12:50 p.m.)
With regard to promotion of economic development, the City Manager noted that
City staff was promoting information through monthly "Biz Breakfast" meetings;
redesigning of the entire City website; providing information on online; and cross linking
to the Economic Development Authority.
The Vice-Chairman announced the resignation of Ms. Oyler as a Director of the
Economic Development Authority of the City of Roanoke.
The Mayor expressed appreciation to Ms. Oyler for her service to the Authority,
and advised that the vacancy would be discussed by the Council in Closed Meeting
during the 2:00 p.m. session of the Council.
There being no additional questions or comments by the Council, Mayor Bowers
complimented the Authority on its many accomplishments.
At 1 :00 p.m., the Vice-Chairman declared the Economic Development Authority
meeting adjourned.
At 1 :00 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened for continuation of briefings in Room 159.
At this point, Council Member Mason left the meeting (1 :03 p.m.)
At 1 :05 p.m., the. Council meeting was reconvened in Room 159, with Mayor
Bowers presiding and all Members of the Council in attendance with the exception of
Council Members Mason and Price.
172
HUD Budqet Process
I
Frank Baratta, Budget Team Leader, shared information with the Council
regarding HUD Funds Budgeting, highlighting the HUD Funding Process:
. HUD requires a five-year plan and annual updates
. Annual budgeting process for 2009-2010:
o Staff began with November 10, 2008 public meeting
o Applications deadline was January 12, 2009
o Review committees' recommendations presented to City Budget
Committee for action March 17,2009
o Letters sent to applicants March 23, 2009
o Public review on plan April 2 - May 4, 2009
o City Council public hearing April 30, 2009
o Council action on plan May 11, 2009
o Approved plan due to HUD on or about May 15, 2009
Mr. Baratta also shared information pertaining to the City HUD Funds Policy
City HUD Funds Policy: '
. Local policy that focuses what's allowed by the federal rules
. Adopted by City Council in 2001 and revised in 2004
. Provides guidance on: I
o Neighborhood targeting
o Planned uses for funds
o Minimum requests
o Limits ongoing programs
. Seeks to commit 70% of CDBG and HOME funds to neighborhood-scale
projects
. Concentrates on target neighborhoods
o Adopted Gainsboro, Gilmer, Hurt Park, Loudon-Melrose, Old Southwest,
and Washington Park, as Neighborhood Selection Task Force
recommended
o Efforts began in 2002 with Southeast.. .By Design pilot project (ended
2006)
o Started work in Gainsboro in 2004 (work remains)
o Began transition to Hurt Park in 2007
. Targets for CDBG - 2005 to 2010
o 57.0% to Housing Development
o 22.5% to Economic Development
o 10.0% to Human Development
o 10.0% to Neighborhood Development
o 0.5% to Homeless Services
. HOME is exclusively for affordable housing I
. ESC is exclusively for homeless services
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In closing, Mr. Baratta called attention to a budget process comparison
spreadsheet, which excluded HOME and ESB funds.
(For full text, see documents on file in the City Clerk's Office.)
In response to comments made by Mr. Baratta regarding the Policy on HUD
Funds, the City Manager added that due to changes in today's economy, a policy is a
good to have, especially with a primary focus on housing.
Vice-Mayor Lea asked if funding for brain injury services was part of the CDBG
funds; whereupon, the City Manager stated that non-profit organizations were required
to apply for funding through the Human Services Advisory Board, adding that
information regarding brain injury would be included in the upcoming budget information
to be provided to the Council.
Following additional comments, the Mayor declared the meeting in recess until
2:00 p.m., in the Council Chamber.
At 2:00 p.m., the Council meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price (arrived
late), Court G. Rosen, David B. Trinkle, M Rupert Cutler, Sherman P. Lea and Mayor
David A. Bowers-7.
ABSENT: None-O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.
The Invocation was delivered by Reverend Johnny R. Stone, Pastor, Hill Street
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Hurt Park Elementary
School Odyssey of the Mind Team for winning first place in the Piedmont Regional
Tournament at Franklin County High School; and the Team represented Hurt Park at
the State finals in Newport News on April 18, 2009, where they placed third. He
presented Certificates of Appreciation and City gifts to the Hurt Park Elementary School
students.
174
PROCLAMATION: The Mayor presented ceremonial copies of proclamations to I
Police Chief Joe Gaskins declaring the week of May 10-16, 2009 as National Police
Week and Thursday, May 15, 2009 as Peace Officers' Memorial Day; and Monday,
May 25, 2009 as National Missing Children's Day.
(See ceremonial copies of proclamations on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-CITY CLERK: Vice-Mayor Lea offered the
following resolution paying tribute to the City Clerk:
(#38431-050409) A RESOLUTION paying tribute to Stephanie M. Moon on being
elected President of the Virginia Municipal Clerks Association (VMCA) and being
selected as the 2009 VMCA Clerk of the Year.
(For full text of Resolution, see Resolution Book No. 73, page 244.)
Vice-Mayor Lea moved the adoption of Resolution No. 38431-050409. The
motion was seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-D.
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HEARING OF CITIZENS UPON PUBLIC MATTERS: The 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.
HOUSING: Colonel Robert Craig, 701 1ih Street, S. W., appeared before
Council and spoke about affordable housing, real estate tax rate and tax levy for
citizens of the City of Roanoke.
BICYCLES: Barbara N. Duerk, 2607 Rosalind Avenue S. W., appeared before
Council and shared a bike proclamation.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of City Council and would be enacted by one
motion. There would be no separate discussion of the items. If discussion was desired,
the item would be removed from the Consent Agenda and considered separately. The
Mayor advised that Item C-2 would be voted on separately inasmuch as Council
Member Trinkle had a conflict of interest involving the matter and would be abstaining
from the vote.
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GOODWILL INDUSTRIES-TAXES: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, May 18, 2009, at
7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from
Goodwill Industries of the Valleys Inc., a not for profit corporation, for tax exemption of
certain real property in the City, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
EASEMENTS: A communication from the City Manager requested that Council
schedule a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider encroachments in public right-of-way at 551
Marshall Avenue and a portion of 6th Street, S. W., was before the Council.
I (See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Cutler, Lea and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle abstained from voting.)
SCHOOLS-CITY PROPERTY: A communication from the City Manager
requested that Council schedule a public hearing' for Monday, May 18, 2009, at 7:00
p.m., or as soon thereafter as the matter may be heard, to consider; leasing a portion of
property known as the Transportation Facility for the Roanoke City Public Schools to
Geroge Krapf, Jr., & Sons, Inc., in connection with the privatization of the School
Division's transportation services.
I
(See communication on file in the City Clerk's Office.)
176
Council Member Cutler moved that Council concur in the request of the City I
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
,
LIBRARIES-ARTS COMMISSION: Council Member Cutler offered the following
resolution approving the design and placement of public art to be installed at the
Gainsboro Branch Library:
(#38432-050409) A RESOLUTION approving the design and placement of
public art to be installed at the Gainsboro Branch Library.
(For full text of resolution, see Resolution Book No. 73, page 246.)
Council Member Cutler moved the adoption of Resolution No. 38432-050409.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
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NAYS: None-O.
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT
AUTHORITY: A communication from S. Deborah Oyler tendering her resignation as a
Director of the Economic Development Authority Board, effective immediately, was
before Council.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that the resignation be accepted and the
communication be received and filed. The motion was seconded by Council Member
Mason and adopted by the following vote:
.~ YES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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OATHS OF OFFICE;.COMMITTEES-ROANOKE VALLEY AREA
METROPOLITAN PLANNING ORGANIZATION: Report of qualification of Council
Member M. Rupert Cutler as a City representative to the Roanoke Valley Area
Metropolitan Planning Organization to fill the unexpired term of Alvin L. Nash, ending
June 30, 2011 .
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Council Member Cutler moved that the report of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARING: NONE.
PETITIONS AND COMMUNICATIONS:
LOCAL COLORS: Pearl Fu, President, Local Colors appeared before the
Council and shared information with regard to the organization and Local Colors event
scheduled for Saturday, May 16.
BUDGET-CABLE TELEVISION: Council Member David A. Trinkle, the City's
representative to the Roanoke Valley Regional Cable Television Committee, transmitted
the RVTV Fiscal Year 2009-2010 budget.
(See document on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38433-050409) A RESOLUTION approving the recommendation of the
Roanoke Valley Regional Cable Television Committee to approve the annual operating
budget for Fiscal Year 2009-2010 for the operation of the regional government and
education access station, Roanoke Valley Television (RVTV), Channel 3), and for the
City to provide partial funding.
(For full text of resolution, See Resolution Book No.73, page 247.)
178
Council Member Trinkle moved the adoption of Resolution No. 38433-050409. I
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
ARTS: Joint communication from Council Members M. Rupert Cutler and
David B. Trinkle recommending establishment of an arts and cultural district in the City
of Roanoke.
(See communication on file in the City Clerk's Office.)
Council Member Cutler advised that on March 30, 2009, Section 15.2-1129.1,
Code of Virginia, was amended by the General Assembly to allow all cities in Virginia to
establish arts and cultural districts so that events held by arts and cultural organizations
within the district would no longer be subject to admission taxes. Council Member
Trinkle added that the concept had been an idea through the legislative program for
several years.
Following discussion with regard to creation of an art and cultural district and the I
budget implications, Council Member Trinkle moved that the matter be referred to the
City Manager for report back to the Council. The motion was seconded by Council
Member Cutler and unanimously adopted.
COUNCIL: Joint communication from Council Members M. Rupert Cutler and
David B. Trinkle recommending that the Council adopts a resolution opposing the Kerr
Lake Regional Water System's Request for an inter-basin transfer of water from the
Roanoke River Basin (Kerr Lake) to the Tar and Fishing Creek River Basins.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38434-050409) A RESOLUTION opposing Kerr Lake Regional Water System's
request to increase its authorized transfer of water from the Roanoke River Basin (Kerr
Lake) to the Tar and Fishing Creek River Basins, from the current 10MGD to 24MGD,
as well as its request for an additional 2.4MGD transfer from the Roanoke River Basin
to the Neuse River Basin.
(For full text of resolution, see Resolution Book No 73, page 248.)
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Council Member Trinkle moved the adoption of Resolution No. 38434-050409.
The motion was seconded by Council Member Cutler.
Council Member Trinkle advised that a similar resolution had been approved by
the Metropolitan Planning Organization and the Roanoke Valley Regional Commission,
noting that the concern involved a water system in North Carolina actually transferring,
over land, water from the Roanoke River basin into another basin, which would greatly
reduce the amount of water that any other locality within the Roanoke River basin could
claim for their water systems.
Council Member Cutler advised that one concern expressed is the potential
erosion of ability to control the fate of the water supply, adding that water should not be
diverted to North Carolina when there are other areas that need the water supply.
The Mayor inquired if the decision will be made by an agency of the State of
North Carolina or federally; whereupon, Council Member Trinkle replied that he was of
the opinion that it was a federal decision.
The City Manager remarked that the decision was a Federal one; however, she
noted that, in the past, the State of Virginia had not taken an official position on water
transfer rights, and if state policy on the matter existed, there would not be opportunity
to take a position on the matter.
There being no additional questions and/ or comments by the Council Members,
Resolution No. 38434-050409 was adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
DONATIONS-GREENWAYS: The City Manager submitted a written
communication recommending acceptance of donations, in the amount of $145,000.00,
for improvements to the Roanoke River Greenway.
(For full text, see communication on file in the City Clerk's Office.)
180
Council Member Rosen offered the following resolution:
I
(#38435-050409) A RESOLUTION accepting a donation of funds and other items
from Carilion Health System (now Carilion Clinic) (hereafter-Carilion) to the City to
assist with the construction costs for a portion of the Roanoke River Greenway along
Hamilton Terrace; authorizing the City Manager to execute any necessary documents,
provide any additional information, and to take any necessary actions in order to obtain,
accept, receive, implement, use, and administer such donation; and expressing the
City's appreciation for such donation.
(For full text of resolution, see Resolution Book No. 73, page 250.)
Council Member Rosen moved the adoption of Resolution No. 38435-050409.
The motion was seconded by Council Member Trinkle.
Elizabeth Belcher, Greenway Coordinator, appeared before the Council and
expressed appreciation for the private partners.
There being no further speakers or additional comments by the Council,
Resolution No. 38435-050409 was adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor I
Bowers-7.
NAYS: None-D.
Council Member Rosen offered the following resolution:
(#38436-050409) A RESOLUTION accepting a donation of funds from the
Roanoke Valley Greenway Commission to the City to assist with the construction costs
for a portion of the Roanoke River Greenway along Hamilton Terrace; authorizing the
City Manager to execute any necessary documents, provide any additional information,
and to take any necessary actions in order to obtain, accept, receive, implement, use,
and administer such donation; and expressing the City's appreciation for such donation.
(For full text of resolution, see Resolution Book No. 73, page 251.)
Council Member Rosen moved the adoption of Resolution No. 38436-050409.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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Council Member Rosen offered the following resolution:
(#38437-050409) A RESOLUTION accepting a donation of funds from
Pathfinders for Greenways, Inc., to the City to assist with the construction costs for a
portion of the Roanoke River Greenway along Hamilton Terrace; authorizing the City
Manager to execute any necessary documents, provide any additional information, and
to take any necessary actions in order to obtain, accept, receive, implement, use, and
administer such donation; and expressing the City's appreciation for such donation.
(For full text of resolution, see Resolution Book No. 73, page 252.)
Council Member Rosen moved the adoption of Resolution No. 38437-050409.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
Council Member Rosen offered the budget ordinance:
(#38438-050409) AN ORDINANCE to appropriate donations from Carilion Clinic,
Roanoke Valley Greenway Commission and Pathfinders for Greenways, Inc., and to
transfer funds from the Roanoke River Greenway project to the Hamilton Terrace
Greenway project, amending and re-ordaining certain sections of the 2008-2009 Capital
Projects Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 253.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38438-
050409. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
BUDGET-GRANTS-HUMAN SERVICES-HOUSING: The City Manager
submitted a written communication recommending an amendment of the 2005-2010
City's Consolidated Plan for homeless prevention and rapid re-housing assistance.
(For full text, see communication on file in the City Clerk's Office.)
182
Council Member Trinkle offered the following resolution:
I
(#38439-050409) A RESOLUTION approving amendment of the City's
Consolidated Plan and authorizing the City Manager to execute and submit any
necessary documents to the U. S. Department of Housing and Urban Development
("HUD") in connection with such amendment.
(For full text of resolution, see Resolution Book No. 73, page 254.)
Council Member Trinkle moved the adoption of Resolution No. 38439-050409.
The motion was seconded by Council Member Cutler.
Paula Prince, Chair, Roanoke Valley Alleghany Regional Advisory Council on
Homelessness, appeared before the Council, in support of a Community Housing
Resource Center.
(See copy of written remarks on file in the City Clerk's Office.)
Karen Michalski-Karney, Executive Director, Blue Ridge Independent Living
Center; appeared before the Council, in support of a Community Housing Resource
Center.
Karen McNally, Executive Director, Presbyterian Community Center, appeared I
before the Council, in support of a Community Housing Resource Center.
(See copy of written remarks on file in the City Clerk's Office.)
Pam Kestner-Chappelear, President, Council of Community Services, appeared
before the Council in support of a plan submitted by the Council of Community Services
to transform and improve the homeless service delivery system.
(See copy of written remarks on file in the City Clerk's Office.)
John McDowell, Director, Roanoke Valley Interfaith Hospitality Network,
appeared before Council, to endorse the establishment of a Community Housing
Resource Center.
(See copy of written remarks on file in the City Clerk's Office.)
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I
Ted Edlich, President and CEO, Total Action Against Poverty, appeared before
the Council, to offer an alternative to the proposal submitted by the Council of
Community Services for the Community Housing Resource Center by allocating the
funds to be used through the current Housing Services Department and the Housing
Intervention Program.
(See copy of written remarks on file in the City Clerk's Office.)
Sema Kemp, 2323 Delaware Avenue, N. W., appeared before the Council in
opposition of the amendment of the City's 2005-2010 Consolidated Plan for homeless
prevention and rapid re-housing assistance; and urged the Council to sponsor the
proposal submitted by Total Action Against Poverty.
John McDowell, 811 Grandin Avenue, N. W., appeared before the Council to
endorse the establishment of a homeless center and spoke in support of the
amendment.
Brenda Hale, President, Roanoke Branch NAACP, appeared before the Council
in support of Total Action Against Poverty's application to administer the Homelessness
Prevention and Rapid Rehousing funds that have been made available to the City
through the Stimulus Package.
I (See copy of written remar1<s on file in the City Clerk's Office.)
Earl B. Reynolds, Jr., Director of Housing and Development, Total Action Against
Poverty, appeared before Council to urge the continuation of the Homelessness
Prevention Program through Total Action Against Poverty.
Discussion was held with regard to the intent of the stimulus funds and the
creation of a resource center. The City Manager further commented that the stimulus
funds were intended to prevent homelessness and those individuals entering
homelessness over a three year period.
After further discussion of the proposed Community Housing Resource Center,
Mr. Edlich was asked to address the issue of TAP track the homeless and case
management; whereupon, he advised that those services would be provided by the
Transitional Living Center project without using the funds in question; and the funds
would be used entirely to house those in need.
I
The City Manager pointed out that if the proposed resolution was defeated, the
City must still apply for the grant by May 18 and a revised proposal from TAP would
have to be presented to the Council for approval no later than the May 18 Council
meeting for application purposes.
184
There being no additional questions and/ or comments by the Council Members, I
Resolution No. 38439-050409 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Cutler, and Mayor Bowers-4.
NAYS: Council Members Price, Rosen and Lea-3.
Council Member Trinkle offered the following budget ordinance:
(#38440-050409) AN ORDINANCE to appropriate funding from the federal
government American Reinvestment and Recovery Act (ARRA) through the United
States Department of Housing and Urban Development's Homelessness Prevention
and Rapid Re-Housing Program (HPRP), amending and reordaining certain sections of
the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 255.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38440-
050409. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor I
Bowers-7.
NAYS: None-O.
LEASES-HEALTH DEPARTMENT: The City Manager submitted a written
communication recommending execution of a Fourth Amendment to a deed of lease
dated June 5, 2001, for use of City-owned space by the Virginia Department of Health,
for additional one month periods, not to exceed twelve months.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38441-050409) AN ORDINANCE authorizing the City Manager to execute a
fourth amendment to an existing Lease Agreement between the City of Roanoke and
the Commonwealth of Virginia, Virginia Department of Health, dated June 5, 2001, to
further extend the term of the Lease for additional periods of one month each, not to
exceed twelve months; and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 73, page 256.)
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Council Member Mason moved the adoption of Ordinance No. 38441-050409.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
TECHNOLOGY: The City Manager submitted a written communication
recommending removal of specialty printing jobs and copy charges from the
Department of Technology direct billing program to Xerox.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38442-050409) AN ORDINANCE to increase the revenue estimate and
appropriations to reflect the billings of printing services as an internal service provided
by the Department of Technology, amending and re-ordaining certain sections of the
2008-2009 Department of Technology Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 257.)
Council Member Mason moved the adoption of Budget Ordinance No. 38442-
050409. The motion was seconded by Council Member Trinkle and adopted by the
following vote.
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
DONATIONS-EQUIPMENT-TRANSPORTATION MUSEUM: The City Manager
submitted a written communication recommending a donation of a 1927 White straight
truck to the Virginia Museum of Transportation.
(For full text, see communication on file in the City Clerk's Office.)
186
Council Member Mason offered the following resolution:
I
(#38443-050409) A RESOLUTION authorizing the donation to the Virginia
Museum of Transportation, Inc., of a 1927 White straight truck formerly owned by Pitzer
Transfer Company.
(For full text of resolution, see Resolution Book No. 73, page 258.)
Council Member Mason moved the adoption of Resolution No. 38443-050409.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-D.
COMMENTS BY THE CITY MANAGER:
NEIGHBORHOOD ORGANIZATIONS-COUNTRYSIDE: The City Manager
highlighted events sponsored by neighborhood organizations in recognition of the
month of Mayas Neighborhood Month, and encouraged citizens not involved in a
neighborhood organization to find a way to get involved.
I
With regard to a statement made by Colonel Robert Craig earlier in the meeting
that Countryside was purchased for affordable housing, Ms. Burcham said the remark
was not true, that the property was targeted to increase upper income housing in said
neighborhood; and the best way to integrate city neighborhoods is to offer different
housing choices. She added that the City has the goal of expanding its tax base by
encouraging people in all income levels to become residents of the City.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCE AND
RESOLUTIONS:
SCHOOLS: Council Member Cutler offered the following resolution appointing
three School Board Trustees on the Roanoke City School Board for terms commencing
July 1, 2009 and ending June 30,2012:
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187
(#38444-050409) A RESOLUTION appointing Jason E. Bingham, Mae G. Huff,
and Todd A. Putney as School Board Trustees on the Roanoke City School Board for
terms commencing July 1, 2009, and ending June 30, 2012.
(For full text of resolution, see Resolution Book No. 73, page 259.)
Council Member Cutler moved the adoption of Resolution No. 38444-050409.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
MOTION AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
At 5:05 p.m., the Mayor declared the Council meeting in recess until Thursday,
May 7, 2009, at 8:30 a.m., in Room 159, at which time the Council would convene in
Fiscal Year 2009-2010 Budget Study; and thereafter, stand in recess until Monday,
May 11 at 2:00 p.m., in the Council Chamber to adopt the City of Roanoke
recommended Fiscal Year 2009-2010 Budget.
The regular meeting of Roanoke City Council, which was called to order on
Monday, May 4, 2009, at 2:00 p.m., reconvened on Thursday, May 7, 2009, at
8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
with Mayor David A. Bowers presiding.
PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G.
Rosen (arrived late), David B. Trinkle, Sherman P. Lea (arrived late), M. Rupert Cutler,
and Mayor David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Sheila N. Hartman, Deputy City Clerk.
188
OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for Community I
Development, James Grigsby, Assistant City Manager for Operations; Sherman A.
Stovall, Director, Management and Budget.
BUDGET: The Mayor advised that the purpose of the meeting was to engage in
Fiscal Year 2009-2010 budget study deliberations and finalize budget decisions, so that
ordinances can be prepared and adopted at a reconvened Council meeting on Monday,
May 11, 2009.
The City Manager called attention to the following items targeted for review:
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Prior to discussion of the targeted items, Council Member Mason advised that
the Director of Finance provided information regarding the schools' needs.
At this point, Council Member Rosen entered the meeting (8:46 a.m.)
The City Manager explained that even after giving the schools' additional
funding, it stills does not cover all that is required. She noted that those employees'
positions which were not budgeted were given a recall number if funds were made
available. She added that the remedial summer school program would continue, but the
enrichment summer school program would cease due to the budget constraints.
The Director of Finance referenced the handout advising that the $4,448,000.00
figure represented the increase in the overall Roanoke City Public Schools budget since
March 26, 2009, when the Council was asked for $3,700,000.00.
(See handout on file in the City Clerk's Office.)
At this point, Vice-Mayor Lea entered the meeting (8:48 a.m.)
After further discussion of the handout and school budget; the City Manager
advised that the budget adopted by the Schools on May 4 reflected what Council
previously approved as well as recognizes additional State revenue and sales tax since
the original budget adoption.
Dr. Trinkle inquired about the costs associated with opening the two pools for the
summer; whereupon, the Director of Management and Budget advised that it would cost
approximately $203,000.00 and the revenue that offsets the expenditure total was
approximately $64,000.00, but the problem with adjusting revenues was that the budget
had been advertised at $257,000,000.00 and a revision would cause the City to be over
what was advertised. He further advised that in order to stay within the guidelines of the
advertisement, adjustments would have to be made on the expenditure side.
The City Manager added that another issue in connection with the opening of the
pools is employing lifeguards particularly at this time of the year.
Dr. Trinkle also asked for additional information regarding the Arts and Cultural
District and consideration of a reduction in taxes for hybrid vehicles.
Dr. Cutler referred to the list of priorities and commented that he wanted
information on the effects of increasing the prepared food and beverage tax by .5
percent.
190
, Council Member Mason commented that she wished to keep the pools open, I
discontinuing the City calendar and magazine; making sure that citizens know what will
happen in the fall regarding the discontinuing of services; support returning the
$30,000.00 to the Small Business Development Center; and support using leftover
funds, if any, for the branch libraries.
Mayor Bowers commented that inasmuch as the Council had a 90 percent
agreement on budget priorities, he proposed that a motion be offered to:
(1) Approve the budget as is;
(2) Direct the City Manager to come back as soon as possible with a report on
opening one or both of the pools for a portion of the summer; or
(3) Hold all of the requests, suggestions, including license plate recognition
technology for 30 days.
With regard to the reopening of the two City pools, Council Member Mason
commented that matter should not be put off for 30 days, and offered a motion that the
budget be adopted as is, using $203,000.00 of the $269,000.00 yet to be allocated, to
move forward and operate the pools for 2010.
The City Manager advised that $85,000.00 of the $269,000.00 was revenue from
the license plate recognition program that was suggested to be postponed. Based on I
the comment of the City Manager, the Mayor inquired as to what it would take to open
and operate the pools for the summer, as well as to provide information on the license
plate technology program. Ms. Burcham stated that she would have to direct the
Building Maintenance staff to get the pools ready for opening; and it would be difficult to
respond to the operation of the pools inasmuch as it may be difficult to hiring adequate
lifeguards for the public pools; and if the pools could be opened, they would close prior
to the Labor Day Holiday.
The Director of Finance suggested that the matter of reduced personal property
tax hybrid vehicles be discussed at a later date because if approved it would effect the
next tax season and be effective January 1, 2010. Council Member Trinkle proposed
that the Director of Finance move forward with the incentive and report to Council in four
months with a recommendation.
In connection with license plate recognition technology, the Director of Finance
advised that the Police Department uses the technology to identify vehicles with
offenses and will be used as a tool for revenue collections. She highlighted the following
presentation:
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License Plate Recognition (LPR)
Technology
Background
· Character recognition technology
· Used in the public sector
- by public safety officials to identify criminals or criminal
activity
- as a collections tool to identify vehicle owners with
delinquent taxes or receivables
· Virginia localities currently using LPR technology for
collections enforcement include:
- Arlington
- Chesterfield
- Hampton
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LPR Mechanics
· Vehicle outfitted with cameras and accompanying
laptop computer
· Computer stores data from relevant databases
· Data updated daily on computer to identify
delinquencies
· When LPR 'finds a hit' from a plate to the database,
an alarm sounds
· Contact then made with various City departments to
examine tax and collections status
· Notice is provided to vehicle owner with
delinquencies via escalating methods - warning
notice, removal of tags and/or vehicular
immobilization (boot) as offenders are "recognized"
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5
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Estimated Financial Impact of LPR
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· Personal Property Taxes Rec. 12/31/08 - $1,521,000
- Includes five years unpaid balances
- Annual delinquent collections $200,000
,
· Estimate of additional revenue from LPR - $100,000
- Start-up estimate for added collections
- Program may begin mid year based upon
coordination with other Tax/Treasury projects
· Expenses - temporary wages - $13,435
· Expenses - equipment (non-recurring) - $25,000
7
LPR
Recommendation
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Recommendation
· Initiate pilot program coordinated among various City
departments on/after July 1 st
· Following traditional notifications of past due balances
· Thorough educational process
· With coordination among City departments
· Aids collections of current and past due taxes
· Helps keep personal property tax records up to date and
accurate
· Warning notices as program is implemented
8
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Discussion:
The Director of Finance advised that the program would be a joint effort. between
the Treasurer's Office, Office of Management and Budget, and the Department of
Billings and Collections. She pointed out that plate removal would only be for repeat
offenders with very delinquent taxes and plates would only be removed in the morning
so that the citizen could rectify the problem while City offices were operational.
After further discussion of the matter, Council Member Cutler moved to
implement the program up to issuing a warning notice on a six month trial basis and
report to Council regarding the operation of the system as well as how the policy of
protocol would be handled once license plates have been removed from vehicles. The
motion was seconded by Council Member Trinkle and unanimously adopted.
There being no additional discussion regarding budgetary issues, Council
Member Mason offered a motion to approve the 2009-2010 Fiscal Year Budget as to
date, including an additional $203,000.00 to be allocated for the opening of Washington
and Fallon Park swimming pools; further discussion of all other items be held at a future
budget meeting within the next 90 days, which should include an arts and cultural
district, loose leaf collection and any other items listed under No.3 targeted for review.
The motion was seconded by Council Member Trinkle and unanimously adopted.
The City Manager advised that she would compile a list of items to be forwarded
to the Council for confirmation.
The Mayor called attention to a request to convene in a Closed Meeting to
discuss vacancies on certain authorities, boards, and commissions and committees
appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Vice-Mayor Lea
and Mayor Bowers.-7.
NAYS: None-O.
COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
194
Council Member Mason moved that Council concur in the request of the Mayor to I
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers.-7.
NAYS: None-O.
An oral request from Mayor David A. Bowers requesting that Council convene in
a Closed Meeting to discuss the performance of a Council-appointed Officer, pursuant
to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Rosen and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-D.
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At 10:42 a.m., the Mayor declared the meeting in recess for a Closed Meeting in
Room 159.
At 11 :52 a.m., the Council meeting reconvened in Room 159, with Mayor Bowers
presiding and all Members of the Council in attendance.
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Trinkle moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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OATHS OF OFFICE-FIRE: The Mayor advised that there is a vacancy on the
Board of Fire Appeals created by the expiration of the three-year term of office of
Richard Sarver on June 30, 2009; whereupon, he opened the floor for nominations:
Council Member Price placed in nomination the name of Nelson Reed.
There being no further nominations, Mr. Reed was appointed as a member of the
Board of Fire Appeals for a term ending June 30, 2012, by the following vote:
FOR MR. REED: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea
and Mayor Bowers-7.
OATHS OF OFFICE-PARKS AND RECREATION: The Mayor advised that there
is a vacancy on the Parks and Recreation Advisory Board created by the expiration of
the three-year term of office of Evelyn Manetta on March 31, 2009; whereupon, he
opened the floor for nominations:
Council Member Trinkle placed in nomination the name of Mark Lucas.
There being no further nominations, Mr. Lucas was appointed as a member of
the Parks and Recreation Advisory Board for a term ending March 31, 2012, by the
following vote:
\, FOR MR. LUCAS: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea
and Mayor Bowers-7.
OATHS OF OFFICE-HOUSING (FAIR HOUSING): The Mayor advised that
there are two vacancies on the Fair Housing Board created by the expiration of the
three-year terms of office of Adam Markwood and Elizabeth Stone on March 31, 2012;
whereupon, he opened the floor for nominations:
The names of Adam Markwood and Elizabeth Stone were placed in nomination.
There being no further nominations, Mr. Markwood and Ms. Stone were
reappointed as members of the Fair Housing Board for three-year terms ending
March 31 , 2012, by the following vote:
FOf{ MR. MARKWOOD AND MS. STONE: Council Members Mason, Price,
Rosen, Trinkle, Cutler, Lea and Mayor Bowers-7.
(Ms. Stone contacted the City Clerk's Office to advise that she no longer wishes
to serve as a member of the Fair Housing Board.)
196
OATHS OF OFFICE-INDUSTRIES: Inasmuch as S. Deborah Oyler tendered her I
resignation as a Director of the Economic Development Authority, effective immediately,
the City Clerk was instructed to publish a notice seeking applications for appointment to
the Economic Development Authority to fill the unexpired term of Ms. Oyler ending
October 20, 2009.
OATHS OF OFFICE-PLANNING COMMISSION: The Mayor advised that there
were four vacancies on the Roanoke Valley-Alleghany Regional Commission created by
the expiration of the three-year terms of office of Darlene L. Burcham, David B. Trinkle,
Court G. Rosen, Jay Foster, Robert H. Logan, III, ending June 30,2009; whereupon, he
opened the floor for nominations.
The names of Darlene L. Burcham, David B. Trinkle and Court G. Rosen were
placed in nomination.
There being no further nominations, Ms. Burcham, as a non-elected
representative; and Council Members Trinkle and Rosen, as elected representatives
were reappointed for terms of three-years each, of the Roanoke Valley-Alleghany
Regional Commission ending June 30, 2012, by the following vote:
FOR MS. BURCHAM AND COUNCIL MEMBERS TRINKLE AND ROSEN:
Council Members Price, Rosen, Trinkle, Cutler, Mason and Mayor Bowers-6.
(Vice-Mayor Lea was absent.)
I
VIRGINIA MUNICIPAL LEAGUE: The following appointments were made to the
Virginia Municipal League Policy Committees for 2009-2010:
Council Member Gwendolyn W. Mason
Community and Economic
Development
Environmental Quality
Finance
Council Member M. Rupert Cutler
Council Member Court G. Rosen and Ann H.
Shawver, Director of Finance
Council Member Anita J. Price
Human Development and
Education
Transportation
General Laws
Council Member David B. Trinkle
William M. Hackworth, City Attorney
CITY PLANNING COMMISSION: Council Member Trinkle offered a motion that
the Council and City Clerk review alternatives to the Council's certification requirements
in connection with the Virginia Certified Planning Commissioners Program for members
of the City Planning Commission. The motion was seconded by Council Member Cutler
and unanimously adopted.
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There being no further business, the Mayor declared the recessed meeting in
recess at 11 :56 p.m., to be continued until Monday, May 11, 2009 at 3:00 p.m. for the
adoption of the City of Roanoke recommended Fiscal Year 2009-2010 Budget; and a
Closed Meeting to discuss the performance of a Council-Appointed Officer.
The Council of the City of Roanoke reconvened on Monday, May 11, 2009 at
3:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., with Mayor David A. Bowers presiding.
PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G.
Rosen, David B. Trinkle, M Rupert Cutler, Sherman P. Lea and Mayor David A.
Bowers-7. .
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann Shawver, Director of Finance; and Stephanie M. Moon,
City Clerk.
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
BUDGET: The Mayor advised that the purpose of the meeting was to adopt
measures enacting the City of Roanoke's 2009-2010 Fiscal Year budget.
The Director of Finance submitted a Certificate of Funding advising that in
accordance with paragraphs (h) and (i) of Section 25.1 of the Charter of the City of
Roanoke, do hereby certify that funds required for the 2009-2010 General Fund, Civic
Facilities Fund, Parking Fund, Market Building Fund, Department of Technology Fund,
Fleet Management Fund, Risk Management Fund, School Fund, School Food Services
Fund, School Athletics Fund and Grant Fund budgets will be available for appropriation.
Without objection by Council, the Mayor advised that the Certification of Funding
would be received and filed. .
BUDGET-FEE COMPENDIUM: The City Manager submitted a written
communication recommending amendment of the City's Fee Schedule (Compendium)
in connection with certain fees, effective July 1, 2009; and an amendment of the City
Code to authorize a storm water management plan review fee.
(For full text, see communication on file in the City Clerk's Office.)
198
Council Member Trinkle offered the following resolution:
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(#38445-051109) A RESOLUTION amending the Fee Compendium to increase
fees for refuse collection in the Central Business District, a levy of fees charged for
building permits, and fees charged for fire incident reports, and to establish a new fee
for storm water management plan review, as set forth in resolution; and establishing an
effective date.
(For full text of resolution, see Resolution Book No. 73, page 260.)
Council Member Trinkle moved the adoption of Resolution No. 38445-051109.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Price, Trinkle, Cutler, Lea and Mayor
Bowers-6.
NAYS: Council Member Rosen-1.
Council Member Trinkle offered the following resolution:
(#38446-051109) A RESOLUTION providing for an amendment of the fees I
charged at certain City owned and/or controlled parking facilities, namely: Center in the
Square Garage, Gainsboro Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot,
Warehouse Row Lot, and Williamson Lot, with the current parking fees for the remaining
parking facilities continuing in effect; authorizing the City Manager to modify, waive, or
reduce such parking fees under certain conditions; providing for assessment of certain
fees for late payment or nonpayment of such parking fees; authorizing the City Manager
to issue guidelines to implement, administer, and enforce such fees; and directing
amendment of the Fee Compendium.
(For full text of resolution, see Resolution Book No. 73, page 261.)
Council Member Trinkle moved the adoption of Resolution No. 38446-051109.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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Council Member Trinkle offered the following ordinance:
(#38447-051109) AN ORDINANCE amending and reordaining Section 11.4-8,
Stormwater manaqement plan, of Article II, Proqram Permit Procedures and
Requirements, of Chapter 11.4, Stormwater Manaqement, of the Code of the City of
Roanoke (1979), as amended; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 269.)-
Council Member Trinkle moved the adoption of Ordinance No. 38447-051109.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
CITY CODE-TRAFFIC: The City Manager submitted a written communication
recommending amendment of the City Code to revise Section 20-90 to allow for the
immobilization of a vehicle upon the issuance of three or more unpaid or otherwise
unsettled parking violation notices, effective July 1,2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38448-051109) AN ORDINANCE amending and reordaining Section 20-90,
Immobilization of motor vehicles aqainst which there are outstandinq parking violations,
Division 3, Duties of Police Officers; Penalties for Unlawful Parkinq, Article IV, Stoppinq,
StandinQ and ParkinQ, of Chapter 20, Motor Vehicles and Traffic, Code of the City of
Roanoke (1979), as amended; pertaining to the immobilization of motor vehicles;
dispensing with the second reading by title of this ordinance; and providing for an
effective date.
(For full text of ordinance, see Ordinance Book No. 73, page 270.)
200
Council Member Rosen moved the adoption of Ordinance No. 38448-051109.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
I
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
BUDGET -TECHNOLOGY -SCHOOLS-INSURANCE-PUBLlC WORKS-G RANTS-
CIVIC CENTER- CITY MARKET: Council Member Mason offered the following budget
ordinance to adopt an annual General, Civic Facilities, Parking, Market Building,
Department of Technology, Fleet Management, Risk Management, School, School
Food Services, School Athletics, and Grant Funds appropriations for the fiscal year
beginning July 1, 2009 and ending June 30, 2010: .
(#38449-051109) AN ORDINANCE adopting the annual General, Civic Facilities,
Parking, Market Building, Department of Technology, Fleet Management, Risk
Management, School General, School Food Services, School Athletics and Grant
Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2009,
and ending June 30, 2010; and dispensing with the second reading by title of this I
ordinance.
(For full text of budget ordinance, see Ordinance Book No. 73, page 271.)
Council Member Mason moved the adoption of Budget Ordinance No. 38449-
051109. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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Inasmuch as she is an employee of the Roanoke City Public Schools, Council
Member Price read the following Declaration of Interest:
"Pursuant to the requirements of Sections 2.2-3112.A.2 and 2.2-3115.G,
Code of Virginia, with regard to any discussion by City Council of the
budget of the School Board which may affect me, or with regard to any
appropriation of funds by Council to the School Board which may affect
me, this is to advise that I am an employee of the School Board, but that I
am but one of many similarly situated employees of the School Board, and
that I believe that I can participate in such discussions and votes fairly,
objectively, and in the public interest."
(See copy of Declaration of Interest on file in the City Clerk's Office.)
CITY EMPLOYEES-CITY COUNCIL-BUDGET: Council Member Trinkle offered
an ordinance establishing a Pay Plan for officers and employees of the City, and
providing for certain salary increments; continuation of various programs; payment of a
monthly stipends to certain board and commission members; and providing for a
reduction in the salaries of the Mayor and Members of City Council for Fiscal Year
2009-2010, effective July 1,2009:
(#38450-051109) ORDINANCE to adopt and establish a Pay Plan for officers
and employees of the City effective July 1, 2009; authorizing annual salary increments
for certain officers and employees for use of private motor vehicles; authorizing annual
salary increments for sworn police officers assigned duties in a non-uniform capacity;
authorizing annual salary increments for certain members of the Fire-Emergency
Medical Services Department who are certified as Emergency Medical Technicians;
authorizing annual salary increments for certain members of the Fire-Emergency
Medical Services Department who are members of the Regional Hazardous Materials
Response Team; authorizing annual salary increments for employees performing fire
inspector duties; providing for continuation of a police career enhancement program;
providing for continuation of a Firefighter/Emergency Medical Technician merit pay
program; providing for a Community Policing Specialist program; providing for payment
of a monthly stipend to certain board and commission members; providing for an
increase in base annual salary for any employee of the Sheriff who meets the
qualifications for and has been appointed Master Deputy Sheriff; providing for a
reduction in the salaries of the members of City Council for FY 2009-2010; providing for
an effective date; and dispensing with the second reading by title of this ordinance.
(For full text, see Ordinance Book No. 73, page 279.)
Council Member Trinkle moved the adoption of Ordinance No. 38450-051109.
The motion was seconded by Council Member Mason.
202
Inasmuch as the salary of the Vice-Mayor was decreased for one budget year,
along with the Mayor and other Members of Council, Vice-Mayor Lea suggested that the
item be revisited for discussion during next year's budget study.
I
There being no additional comments by the Council, Ordinance No. 38450-
051109 was adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
GRANT-HOUSING: The City Manager submitted a written communication
recommending approval of the 2009-2010 Annual Update to the 2005-2010 HUD
Consolidated Plan and authorization to submit the complete Annual Update to the
United States Department of Housing and Urban Development (HUD) for final review
and approval.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38451-051109) A RESOLUTION approving the 2009-2010 Annual Update I
("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing the City
Manager, or the City Manager's designee, to submit the approved Annual Update to the
United States Department of Housing and Urban Development ("HUD") for final review
and approval, and authorizing the execution of all necessary documents pertaining to
such Annual Update.
(For full text of resolution, see Resolution Book No. 73, page 283.)
Council Member Mason moved the adoption of Resolution No. 38451-051109.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
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203
COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meting to discuss a personnel matter, being the performance of a Council-Appointed
Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was
before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that the Council concur in the abovementioned
request. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
At 3:16 p.m., the Mayor declared the continued recessed Council meeting in
recess to be reconvened in the Council's Conference Room, Room 451, for a Closed
Meeting.
At 4:28 p.m., the continued recessed Council meeting reconv~ned in the Council
Chamber, Room 450, with Mayor Bowers presiding and all Members of the Council in
attendance.
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Mason moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-7.
NAYS: None-O.
204
There being no further business, the Mayor declared the continued recessed
Council meeting adjourned at 4:28 p.m.
APPROVED
ATTEST:
~dl,. !r;6(W
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
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ROANOKE CITY COUNCIL - REGULAR SESSION
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May 18, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, May 18,
2009, at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers,
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38150-070708 adopted by the Council on
Monday, July 7, 2008; and Resolution No. 38415-040609 adopted on Monday, April 6,
2009.
PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle,
M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A.
Bowers-7.
ABSENT: None-O.
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The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer,
Assistant City Attorney; Ann H. Shawver; Director of Finance; and Stephanie M. Moon,
City Clerk.
The Invocation was delivered by The Reverend Jack Lowe, Pastor, Peters Creek
Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor declared May 25, 2009, as Memorial Day, and
announced that the proclamation would be read in Lee Plaza at 10:30 a.m., same day.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-ARCHITECTURAL REVIEW BOARD: The Mayor declared
the month of May 2009 as National Preservation Month.
I (See ceremonial copy of proclamation on file in the Ctty Clerk's Office.)
206
PROCLAMATIONS-PUBLIC WORKS: The Mayor declared May 17 - 23, 2009 I
as National Public Works Week. He presented ceremonial copy of proclamation to
Robert K. Bengtson, Director of Public Works.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PROCLAMA TIONS- EMERGENCY MEDICAL SERVICES: The Mayor declared
May 17-23 as Emergency Medical Services Week. He presented a ceremonial copy of
proclamation to Fire Chief David Hoback.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
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.
CODE ENFORCEMENT: George Gunther, 914 Loudon Avenue, N. W.,
appeared before Council and spoke about code enforcement issues; and urged the
Council to reconsider the City's process.
BUDGET: Robert Gravely, 3360 Hershberger Road, N. W., appeared before
Council and spoke about accountability of City funds.
CONSENT AGENDA
I
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to four requests for Closed Meeting.
COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
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207
Council Member Cutler moved that Council concur in the request of the Mayor as
above described. The motion was seconded by Council Member Mason and adopted
by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
COUNCIL: A communication from Council Member Gwendolyn W. Mason, Chair,
City Council Personnel Committee requesting that Council convene in a Closed Meeting
to discuss the performance of the Council-Appointed Officers, pursuant to Section 2.2-
3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of Council
Member Mason as abovementioned. The motion was seconded by Council Member
Mason and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
CITY MANAGER-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: A
communication from the City Manager requesting that Council ~onvene in a Closed
,Meeting to discuss the disposition of publicly-owned property, where discussion in an
open meeting would adversely affect the bargaining position or negotiating strategy of
the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(See communication on file in the City Clerk's Office.)
Counci.l Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
208
CITY A TIORNEY: A communication from the City Attorney requesting that I
Council convene in a Closed Meeting to consult with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-
3711 (A)(7), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Attorney as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
CITY MANAGER: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon
-/ thereafter as the matter may be heard, to consider boundary amendments to Enterprise
Zone One (A) and Enterprise Zone Two, was before the body.
(See communication on file in the City Clerk's Office.)
I
Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-D.
OATHS OF OFFICE-PARKS AND RECREATION ADVISORY BOARD: Reports
of qualification of Archie L. Freeman, III, and Mark S. Lucas as members of the Parks
and Recreation Advisory Board for terms of office ending March 31,2012.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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Council Member Cutler moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ELECTIONS-FIRE/EMS: The General Registrar, on behalf of the Roanoke City
Electoral Board, submitted a written communication with regard to an emergency
change of polling place for Villa Heights No. 021 Precinct at Fire Station No.9 located at
24th Street and Melrose Avenue, N. W.
-,
(See communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38452-051809) AN ORDINANCE permanently changing the polling place for
Villa Heights #021 Precinct from Fire Station #9, 24th Street and Melrose Avenue, N. W.,
to Forest Park Academy, 2730 Melrose Avenue, N. W.; and dispensing with the second
reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 284.)
Council Member Rosen moved the adoption of Ordinance No. 38452-051809.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
210
REPORTS OF CITY OFFICERS:
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CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PUBLIC SAFETY-EQUIPMENT: The City Manager submitted a written
communication recommending acceptance of Virginia Department of Emergency
Management Funds for HAZMAT Team Equipment and Training.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38453-051809) A RESOLUTION accepting the 2008 State Homeland Security
Program Grant to the City from the Virginia Department of Emergency Management
(VDEM), and authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 286.)
Council Member Mason moved the adoption of Resolution No. 38453-051809. I
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
(#38454-051809) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia Department of Emergency Management for the State
Homeland Security Program Grant, amending and reordaining certain sections of the
2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 286.)
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Council Mel'Dber Mason moved the adoption of Budget Ordinance No. 38454-
051809. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
GRANTS-HOUSING: The City Manager submitted a written communication
recommending an amendment of the City's 2005-2010 Consolidated Plan.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38455-051809) A RESOLUTION approving amendments of the City's 2005-
2010 Consolidated Plan and authorizing the City Manager to execute and submit any
necessary documents to the U. S. Department of Housing and Urban Development
("HUD") in connection with such amendments.
(For full text of resolution, see Resolution Book No. 73, page 287.) .
Council Member Trinkle moved the adoption of Resolution No. 38455-051809.
The motion was seconded by Vice-Mayor Lea.
Council Member Rosen inquired about the decrease in funding from the property
acquisition reserve that will change purchases to allow commercial; whereupon, the City
Manager explained that a piece of property that was to be bid upon at the last tax sale
triggered redevelopment was zoned commercial; and having been under consideration,
they asked for the modification. She pointed out that the decrease in funding was not
part of the change to allow the commercial property acquisition; $175,000.00 was
targeted for curb, gutter, and sidewalk and streetscape improvements at Hurt Park to
maximize the contract provisions and by bringing the funds forward, the work can be
completed sooner and hopefully at a better cost.
There being no additional questions and/or comments by the Council, Resolution
No. 38455-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
212
BUDGET-LIBRARIES: The City Manager submitted a written communication I
recommending appropriation of funds for replacement of the Roanoke Valley Library
Consortium Servers.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38456-051809) AN ORDINANCE to appropriate funds from Roanoke County,
Botetourt County and the City of Salem to the Expansion of Network Capacity project,
amending and re-ordaining certain sections of the 2008-2009 Department of
Technology Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 288.)
Council Member Mason moved the adoption of Budget Ordinance No. 38456-
051809. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
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BUDGET-FIRE-EMS-EMERGENCY SERVICES: The City Manager submitted a
written communication recommending transfer of funds in connection with renovations
to the Roanoke Valley Regional Fire-EMS Training Center Burn Building.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38457-051809) AN ORDINANCE to transfer funds from various Fire-EMS
Capital Projects and the Department of Fire Program Grant to the Roanoke Valley
Regional Fire-EMS Training Center Burn Building Renovation project, amending and re-
ordaining certain sections of the 2008-2009 Capital Projects and Grant Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 289.)
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Council Member Trinkle moved the adoption of Budget Ordinance No. 38457-
051809. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
BUDGET-WESTERN VIRGINIA WORKFORCE DEVELOPMENT: The City
Manager submitted a written communication recommending appropriation of funding for
Western Virginia Workforce Development Board Workforce Investment Act (WIA)
Program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38458-051809) AN ORDINANCE to appropriate funding from the federal
government's American Reinvestment and Recovery Act (ARRA) through the
Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and
reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 290.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38458-
051809. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
GRANTS: The City Manager submitted a written communication recommending
authorization to extend the date for Roanoke At Home, LP, to make its final balloon
payment on a 1991 CDBG loan which was used to acquire five SRO properties.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Mason offered the following resolution:
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(#38459-051809) A RESOLUTION authorizing the City Manager to execute a
Modification Agreement dated April 1, 2009, and to secure the associated Amended
Notes in order to reschedule the balance of a 1991 loan of Community Development
Block Grant (CDBG) funds originally provided to Total Action Against Poverty in
Roanoke Valley, Inc., for the acquisition and rehabilitation of certain properties in the
City of Roanoke.
(For full text of resolution, see Resolution Book No. 73, page 291.)
Council Member Mason moved the adoption of Resolution No. 38459-051809.
The motion was seconded by Vice-Mayor Lea.
Council Member Cutler pointed out that Blue Ridge Housing Corporation staff
requested an extension on the balloon payment offering to make an annual payment of
$5,600.00 with a remaining balance of $68,000.00 to be repaid by January 2010. He
continued that the Corporation intends to sell the properties by January 2010 to pay
balance with the proceeds. With regard to a letter from Blue Ridge Housing
. Development Corporation, he inquired as to whether or not the City could be assured
that the properties would sell in order to make the balloon payment, and whether the
proposed plan was sound; whereupon, the City Manager remarked that the organization I
was still making its payments, adding that the City was not waiving balloon payment, but
rather extending them additional time inasmuch as the City would not benefit by taking
possession of the five properties.
The Assistant City Manager of Community Development interjected that the SRO
properties are occupied and producing income, which is a more attractive offering for
buyers.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38459-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
COMMENTS BY CITY MANAGER:
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NEIGHBORHOOD ORGANIZATIONS: The City Manager introduced Jeffrey
Coppola, a student from James Madison University, who is working on his Masters in
Public Administration, and was attending the Council meeting as part of his internship in
the City Manager's Office. She also recognized the Leadership Roanoke Valley group
that was in attendance at the Council meeting.
Ms. Burcham clarified two statements that were made previously by Robert
Gravely during public comment, commenting that the City gave $4 million to the
Taubman Museum of Art, not $60 million; and the City did not provide funding for the
O. Winston Link Museum, but rather acted on a "pass-through" for ISTEA funds.
The City Manager made note of the earthquake that occurred in the area at
4:08 a.m., on Saturday morning actually registered 3.0 on the Richter scale, and that all
appropriate emergency response teams were put in place immediately, and no
damages were reported.
She also urged the Council and citizens to participate in the remaining
Neighborhood Month activities.
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the Financial Report for
the month of March 2009.
(For full text, see Financial Report on file in the City Clerk's Office.)
Following comments by the Director of Finance, the City Attorney was instructed
to provide an update on the status of the Patrick Henry Hotel property at the next
regular meeting of the Council.
Without objection by the Council, the Mayor advised that the Financial Report
would be received and filed.
REPORT OF COMMITTEES:
BUDGET-GRANTS SCHOOLS: The Roanoke City School Board submitted a
written report requesting appropriation of funds for the Patrick Henry High School
baseball batting cage floor; and the Director of Finance submitted a written report
recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
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Council Member Trinkle offered the following budget ordinance:
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(#38460-051809) AN ORDINANCE to transfer funds from the Roanoke Academy
Improvements project to the Patrick Henry Baseball Batting Cage Flooring project,
amending and re-ordaining certain sections of the 2008-2009 School Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 292.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38460-
051809. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and
Bowers-7.
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTION AND MISCELLANEOUS BUSINESS:
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GLOBAL WARMING-GREENWAYS-POLlCE-COMPLAINTS: Council Member
Cutler announced that Council Member Mason and the Director of General Services
and Sustainability had received an award from the Cool Cities Coalition for City efforts
to reduce global warming. He also announced that Parks and Recreation received a
grant for greenways, and had been selected by the Kiwanis Club of Roanoke to receive
a $10,000.00 grant for development of interpretive signage and mile markers along the
Lick Run Greenway, which is expected to commence early in the summer; and the
Western Virginia Water Authority received funds for two waterline replacement projects
on Rorer Avenue and Rugby Boulevard for water improvement projects in Hurt Park and
Melrose-Rugby, respectively. Council Member Cutler called attention to an email
received by the Chief of Police in connection with an incident involving a citizen who
was outraged by art project police aggression.
WEED ABATEMENT: Council Member Mason commented about letters received
by City residents from the City administration regarding the height of grass on their
properties. The City Manager responded that the City was sensitive to the implications
in said situation, and while the City has to keep tabs on violators, it was also taking a
look at its own activities.
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BEAUTIFICATION: Council Member Price inquired as to whether volunteers
could be used to help maintain the City's hanging baskets; whereupon, the City
Manager responded that the greatest expense is watering which required special
equipment and trained personnel.
RECREATION-SWIMMING POOLS: Council Member Price commented about
the advertisement for lifeguards for the two City public swimming pools. The City
Manager pointed out that there were 31 vacant positions, however, former summer
employees may be returning, and interviews are scheduled for the remaining 12
vacancies. She added that it might be necessary to adjust the hours, depending on
staffing levels.
ART-POLICE: Council Member Trinkle expressed his hope that everyone
involved in the May 4 public art demonstration would learn from the experience, and he
hoped more performance art would take place in the City. He pointed out that Council
was very supportive of the arts, and encouraged the Police Chief to speak to the media
directly regarding the incident. The City Manager stated that the Chief was planning to
issue a statement concerning the incident. Council Member Mason added that
everyone benefits when they can hear from the Police Chief early in the communication
cycle.
At 3:49 p.m., the Council meeting was declared in recess for Closed Meeting in
the Council's Conference Room, Room 451.
(Vice-Mayor Lea left during the Closed Meeting.)
At 7:03 p.m., the Council Meeting was called to order on Monday, May 18, 2009,
in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor
David A. Bowers presiding.
PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle,
M. Rupert Cutler, Gwendolyn W. Mason, and Mayor David A. Bowers-6.
ABSENT: Vice-Mayor Lea-1.
The Mayor declared the existence of a quorum.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer, I
Assistant City Attorney; Ann H. Shawver, Director of Finance; and Sheila N. Hartman,
Deputy City Clerk.
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a ceremonial copy of a proclamation
declaring the month of May 2009 as National Preservation Month to William D.
Bestpitch, Vice-Chair, Architectural Review Board; and Melissa Morgan, Board Member,
Roanoke Valley Preservation Foundation.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 18, I
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
The Rescue Mission of Roanoke, Inc., to repeal existing conditions and replace with
conditions as set out below on the parcel bearing Official Tax No. 4013015, at 624
Bullitt Avenue, S. E., and zoned MX, Mixed Use District, with conditions; and to rezone
parcels bearing Official Tax Nos. 4013005 through 4013008, inclusive, from IN,
Institutional District, to MX, Mixed Use District, subject to the following conditions: (1)
that the use is limited to only single family detached, two family, multifamily dwellings,
general or professional offices, live-work unit, mixed use building, and child day care;
(2) that interior lot lines between Tax Nos. 4013005 through 4013008, inclusive, and
4013015 be vacated; (3) that the existing house at 624 Bullitt Avenue will not be
demolished; (4) existing dumpster location shown on the concept plan will be screened
in accordance with Section 36.2-649(a) of City Code; and (5) two large deciduous trees
shall be installed and maintained in perpetuity along Jamison Avenue, S. E., and two
large deciduous trees shall be installed and maintained in perpetuity along ih Street,
S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on' Friday May 1, 2009, and Friday, May 8, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Planning Commission submitted a written report recommending
approval of the rezoning request, finding the application to rezone Official Tax Nos.
4013015, 4013005, 4013006, 4013007, and 4013008 to be consistent with the City's
Comprehensive Plan and the Belmont-Fallon Neighborhood Plan; and rezoning the
property between Jamison Avenue and Bullitt Avenue to permit a mix of housing types,
including mixed-use buildings and live-work units is a method specifically identified by
those plans to revitalize the neighborhood and adaptively reuse existing structures.
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38461-051809) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, by repealing Ordinance No. 37876-082007, to
the extent that it placed certain conditions on Official Tax No. 4013015, located at 624
Bullitt Avenue, S. E., and zoned MX, Mixed Use District; rezoning certain properties
within the City, from IN, Institutional District, to MX, Mixed Use District; placing new
proffers on the subject properties; and dispensing with the second reading of this
ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 292.)
Council Member Rosen moved the adoption of Ordinance No. 38461-051809.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Maryellen F. Goodlatte appeared before the Council on behalf of the petitioner.
Council Member Cutler asked whether keeping the parking lot and basketball
court at said location prevents future residential development along Jamison Avenue;
whereupon, the Planning Administrator remarked that the additional residential units
require additional land area in order to meet density requirements. The Assistant City
Manager for Community Development interjected that additional residential
development would be prevented unless Council voted to rezone the area to a higher
density in the future.
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Following ensued dialogue, the Planning Administrator further noted that the I
units are considered independent living spaces, and not an expansion of the Rescue
Mission.
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38461-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Mason, and Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
TAXES: Pursuant to instructions by the Council, the City Clerk having advertised
a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the question of adoption of an ordinance, pursuant to Section
58.1-3651, Code of Virginia (1950), as amended, approving the request of Goodwill
Industries of the Valleys, Inc., for designation of its real property as exempt from
taxation, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 8,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
I
The City Manager submitted a written communication recommending
authorization to Goodwill Industries of the Valleys' exemption from real estate taxation
of certain property located at 2502 Melrose Avenue, N. W., pursuant to Article X,
Section 6(a) of the Constitution of Virginia, effective July 1, 2009, if the organization
agrees to pay the subject service charge on the real estate by abovementioned date.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38462-051809) AN ORDINANCE exempting from real estate property taxation
certain property of Goodwill Industries of the Valleys, Inc., located in the City of
Roanoke, an organization devoted exclusively to charitable or benevolent purposes on
a non-profit basis; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 294.)
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Council Member Mason moved the adoption of Ordinance No. 38462-051809.
The motion was seconded by Council Member Price.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Bruce Phipps, President and Chief Executive Officer, Goodwill Industries of the
Valleys, Inc., appeared before Council in support of his request.
Council Member Rosen asked how much support the City provides to Goodwill
per year; whereupon, the City Manager responded that the City provides some grant
funding and training activity; that this exemption reflects typical treatment of a nonprofit
organization and does not preclude them from receiving other benefits from the City.
The Director of Finance pointed out that not all non profits are automatically
exempted from taxes.
The Assistant City Attorney reminded the Council that the State granted localities
the right to handle nonprofits on a case-by-case basis a couple of years ago.
The City Manager confirmed that it is the Council's prerogative to determine
taxation, and that a previous Council had already put in place the 20 percent service
charge for nonprofits, something not routinely required in other localities.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38462-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Mason, and Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
222
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday I
April 6, 1981, the City Clerk having advertised a public hearing from Monday, May 18,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of
the City Planning Commission to rezone the following properties in order to place them
in zoning districts which are consistent with their current use, for the public necessity,
convenience, and general welfare, and to promote good zoning practice: property at
1010 Montrose Avenue, S. E., Official Tax No. 4122613, from RM-1, Residential Mixed
Density District, to IN, Institutional District; properties located on Orange Avenue, N. E.,
Official Tax Nos. 3210101 and 3210105, from CN, Commercial Neighborhood District,
to CG, Commercial General District; properties on Orange Avenue, N. E., Official Tax
Nos. 3210106 through 3210113, inclusive, and properties on Purcell Avenue, N. E.,
Official Tax Nos. 3210114 through 3210119, inclusive, from RM-2, Residential Mixed
Use District to CG, Commercial General District; and property on Orange Avenue, N. E.,
Official Tax No. 3221309, from 1-1, Light Industrial District, to CG, Commercial General
District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
Friday, May 1,2009, and Friday, May 8,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the request to rezone property at 1010 Montrose Avenue, S. E., Official Tax
No. 4122613, from RM-1, Residential Mixed Density District, to IN, Institutional District,
in order to place the property in a zoning district which is consistent with its current use,
for the public necessity, convenience and general welfare and to promote good zoning
practice. It was advised that the application to rezone the subject property was
consistent with the Zoning Ordinance, Vision 2001-2020, and the
Morningside/Kenwood/Riverdale Neighborhood Plan; and furthermore, rezoning the
subject property to IN District is appropriate to the site's existing physical improvements,
land use and the surrounding neighborhood.
I
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38463-051809) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 296.)
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Council Member Rosen moved the adoption of Ordinance No. 38463-051809.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons who wished to speak in connection
with the matter. There being none, the he declared the public hearing closed.
There being no questions and/or comments by the Council Members. Ordinance
No. 38463-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Mason, and Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
The City Planning Commission submitted a written report recommending
approval of the request to rezone the following properties in order to place them in
zoning districts which are consistent with their current use, for the public necessity,
convenience, and general welfare, and to promote good zoning practice: properties
located on Orange Avenue, N. E., Official Tax Nos. 3210101 and 3210105, from CN,
Commercial Neighborhood District, to CG, Commercial General District; properties on
Orange Avenue, N. E., Official Tax Nos. 3210106 - 3210113, inclusive, and properties
on Purcell Avenue, N. E., Official Tax Nos. 3210114 - 3210119, inclusive, from RM-2,
Residential Mixed Use District to CG, Commercial General District; and property on
Orange Avenue, N. E., Official Tax No. 3221309, from 1-1, Light Industrial District, to
CG, Commercial General District.
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38464-051809) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5,2005, as amended, to rezone certain properties within the City, and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 298.)
224
Council Member Rosen moved the adoption of Ordinance No. 38464-051809. I
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Mason, and Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
ENCROACHMENTS: Pursuant to the requirements of Sections 15.2-2011, Code
of Virginia (1950), as amended, the City Clerk having advertised a public hearing for
Monday, May 18, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Five Fifty One Marshall Avenue LLC, the property owners of 551
Marshall Avenue, S. W., bearing Official Tax Map No. 1113517, to allow the
continuance of an existing encroachment caused by the construction of two outdoor
patios and fences for outdoor dining at the Fork in the City Restaurant at the above
property, that encroach into the public right-of-way of a portion of Marshall Avenue,
S. W., and a portion of 6th Street, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 8, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
I
The City Manager submitted a written communication recommending
authorization to Fifty One Marshall Avenue, LLC, continuance of existing
encroachments into public right-of-way for patios and fences at 551 Marshall Avenue,
S. W., and along a portion of 6th Street, S. W.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38465-051809) AN ORDINANCE allowing the continuance of an existing
encroachment caused by the construction of two outdoor patios and fences for outdoor
dining at the Fork in the City Restaurant located at 551 Marshall Avenue, S. W., that
encroach into the public right-of-way of a portion of Marshall Avenue, S. W., and a
portion of 6th Street, S. W., upon certain terms and conditions, and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 299.)
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Council Member Cutler moved the adoption of Ordinance No. 38465-051809.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons who wished to speak in connection
with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members Ordinance
No. 38465-051809 was adopted by the following vote:
AYES: Council Members Price, Rosen, Cutler, Mason and Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent.)(Council Member Trinkle abstained from voting.)
LEASE-SCHOOLS-CITY PROPERTY: Pursuant to the requirements of Sections
15.2-1800(B) and 1813, Code of Virginia (1950), as amended, the City Clerk having
advertised a public hearing for Monday, May 18, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal of the City of Roanoke and the
School Board of the City of Roanoke to lease a portion of Tax Map Parcel No. 6610101,
containing approximately 632,638 square feet, more or less, known generally as the
School Transportation Facility and located at 5401 Barns Avenue, N. W., to George
Krapf, Jr., and Sons, Inc., commencing July 1,2009, and continuing for a five-year term,
through June 30, 2014, at a proposed initial rate of $60,000.00, per year paid by George
Krapf, Jr., and Sons, Inc., directly to the School Board of the City of Roanoke, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 8, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with George Krapf, Jr., & Sons, Inc., for a
portion of Tax Parcel No. 6610101 located at Barns Avenue, N. W., consisting of
632,638 square feet, more or less, and known generally as the Transportation Facility
for the Roanoke City Public Schools, at an initial rental rate of $60,000.00, per year,
commencing July 1,2009, and continuing for a five year term through June 30,2014.
(For full text, see communication on file in the City Clerk's Office.)
226
Council Member Trinkle offered the following ordinance:
I
(#38466-051809) AN ORDINANCE authorizing the City Manager to execute a
lease agreement between George Krapf, Jr. & Sons, Inc. ("Krapf"), the City of Roanoke,
Virginia, and the School Board of the City of Roanoke, Virginia, for Krapf to lease a
portion of Tax Map Parcel No 6610101, containing approximately 632,638 square feet
of space, known generally as the School Transportation Facility, commencing July 1,
2009, and continuing for a five year term, through June 30, 2014; and dispensing with
the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 302.)
Council Member Trinkle moved the adoption of Ordinance No. 38466-051809.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons who wished to speak in connection
with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members. Ordinance
No. 38466-051809 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Mason, and Bowers-5.
NAYS: Council Member Price-1.
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(Vice-Mayor Lea was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 7:33 p.m. the Mayor declared the meeting in recess for a Closed Meeting.
At 7:53 p.m. the meeting reconvened, with Mayor Bowers presiding and all
Members of the Council in attendance, with the exception of Vice-Mayor Lea.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Mason moved that each member of City council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
. requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters were identified in any motion by which any Closed meeting was
convened were heard discussed or considered by City Council. The motion was
seconded by Council Member Cutler and adopted by the following vote:
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AYES: Council Members Price, Rosen, Trinkle, Cutler, Mason, and Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
OATHS OF OFFICE-FIFTH PLANNING: The Mayor called attention to the
expiration of the three-year term of office of Robert H. Logan, III, as a non-elected City
representative of the Roanoke Valley-Alleghany Regional Commission ending June 30,
2009; whereupon, he opened the floor for nominations.
The name of Robert H. Logan, III, was placed in nomination.
There being no further nominations, Mr. Logan was reappointed as a non-elected
City representative of the Roanoke Valley-Alleghany Regional Commission for a term of
three years ending June 30, 2012, by the following vote:
FOR MR. LOGAN: Council Members Price, Rosen, Trinkle, Cutler, Mason, and
Bowers-6.
(Vice-Mayor Lea was absent.)
There being no further business, the Mayor declared the meeting adjourned at
7:54 p.m.
APPROVED
ATTEST:
~ h). Y'o\oW
Stephanie M. Moon, CMC l
City Clerk
s:5~
David A. Bowers
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
June 1 , 2009
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9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, June 1,
2009, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 38150-070708 adopted by the Council on Monday, July 7,
2008; and Resolution No. 38415-040609 adopted on Monday, April 6, 2009.
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert
Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer, I
Assistant City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City
Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk.
CITY COUNCIL: 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; and an appointment to fill
an un~xpired term of S. Deborah Oyler as a Director of the Economic Development
Authority ending October 20, 2009, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
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CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the annual performances of two Council-Appointed Officers,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Council Member
Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: The Council requested updates regarding the following matters:
· Ordinance regarding vicious and dangerous dogs running at large
. Code violation on noxious weeds
. Reopening of Walnut Street Bridge
. Transmission Line Project
. Athletic Participation by Roanoke Catholic
The City Manager advised that the repairs to the Walnut Bridge were complete
and the bridge was targeted to reopen on Friday, June 5. She pointed out that closures
for Jefferson Street were in the process of scheduling; whereupon, Bob Bengtson,
Director of Public Works, advised that the lane closures will hopefully only occur on the
weekends.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
Capital Improvement Proaram
Sherman M. Stovall, Director, Management and Budget, highlighted the following
presentation and shared staff's recommendations for capital projects targeted for
FY2010:
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~
Planned Debt Issuance
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I FY 2010
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Roanoke River Flood Reduction $2,455,000
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I Parks and Recreation Master 7,000,000
! Plan
I Bridge Renovation 1,050,000
! Curb, Gutter, Sidewalks 2,250,000
,
I School Roofs 2,500,000
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i Total $15,255,000
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Note:
Parks and Recreation Master Plan cash funding of $3,073,565 is
also available to be programmed.
Planned Debt Issuance
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FY 2011
Roanoke River Flood Reduction $1,800,000
Parks and Recreation Master 8,000,000
Plan
Digital Radio Upgrade 1,308,000
Total $11,108,000
FY 2012
Roanoke River Flood Reduction $1,300,000
Library Master Plan 10,442,000
Digital Radio Upgrade 4,800,000
Total $16,542,000
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Planned Debt Issuance
L-'-'- ",.. V"">'W:;;;S'Th
FY 2013
Roanoke River Flood Reduction $1,200,000
Library Master Plan 2,750,000
Parks and Recreation Master 15,000,000
Plan
Total $18,950,000
FY 2014
Roanoke River Flood Reduction $613,000
Possible New Proj ects
To Be Included In The CIP Update
"''\Y
o FY 2010
o Demolition of National Guard Armory
o Washington Park Family Aquatics Center
o Amphitheater
o Countryside
o Market Building
o Other Future Proiects
o Aviation Drive Improvements (Beyond Funded
Amount)
o Conference Center Expansion
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Project Information
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o Demolition of National Guard Armory
. Total Cost - $350,000
. Timing - 3rd Quarter of FY 2010
o Washington Park Family Aquatics Center
Total Cost - $3.6 million
Design - $.5 million
Approximately 4 months to complete
Construction - $ 3.1 million
Approximately 7 -8 months to complete
Operating Budget Impact - Based on preliminary
projections, anticipated incremental revenue will
cover incremental expenses
Project Information
I
[] Amphitheater
. Total Cost - $14.2 million
Design - $1.2 million
Approximately 12 - 14 months to complete
. Construction - $13 million
Approximately 12 months to complete
Phasing construction to facilitate "back of house" and
other components first - approximately $6.4 million
. Operating Budget Impact - Based on preliminary
analysis, could require a subsidy of up to
$500,000
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Project Information
[] Countryside
o Proposals due June 1
. Council to be briefed on June 15th
o Minimum capital investment of $2 million based on
previous information
. Operating Budget Impact - Based on preliminary
analysis, could require a subsidy of $400,000
(Operating and non-operating)
Project Information
DMarket Building
Total Cost - $6.4 million
Includes renovation of second floor assembly hall - $1.4
million
. Excludes site improvements (sidewalk, streetscape,
street lighting, street paving) - $1.3 million
Design - $.7 million
- Approximately 10 months to complete
Construction - $5.7 million
- Approximately 1 year to complete
Operating Budget Impact - Not yet determined
Note:
Tax Credits could be a potential source for funding a portion of the project 9
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Debt Capacity After Planned Future
Debt Issuances
(in millions)
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140
130
Debt capacity is based 011 debt ser"ce payments not exceeding 10% of General Fund expenditures.
Debt capacity is based on 5.5% interest.
10
Planning Assumptions
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DPlanned schedule of debt issuance requires
incremental debt service funding of $500,000 through
FY 2013
DAddressing identified priority projects will be done via
use of Parks and Recreation Master Plan funding
(cash and planned debt issuance)
DSchools have not requested support for additional
capital projects
C Capital project planning underway
11
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Possible Spending Plan - New Projects
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! Fiscal Year 2010 2011 2O"f'2-- -26~
I Available Funding $10,073,565 $10,223,565 --- $19,523,565
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! National Guard Amory 350,000
I Washington Park Aquatics 3,600,000
Design and Construction
Market Building Design 700,000
I Market Building Construction 5,700,000
I Countryside 2,000,000
I Amphitheater Design 1,200,000
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I Amphitheater Construction 13,000,000
Remaining Funding $2,223,565 $4,523,565 --- $6,523,565
Note - Available Funding
FY 2010 - Based on planned debt issuance of $7 million for Parks and Recreation Master Plan
and cash funding of $3.073,565
FY 2011 - Based on planned debt issuance of $8 million for Parks and Recreation Master Plan and
$2,223,565 in planned FY 2010 debt not issued
FY 2013 - Based on planned debt issuance of $15 million for Parks and Recreation Master Plan 12
and $4,523,565 in planned FY 2011 debt not issued
Debt Policies
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o Tax-supported general obligation debt service will not
exceed 10% of General Fund expenditures.
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o Net bonded debt will not exceed 5% of the assessed
value of real estate.
o Net Bonded Debt is general obligation debt for the City
and School Board, exclusive of Parking Enterprise Fund
debt and the amount available in the Debt Service Fund.
o Tax-supported debt will be structured such that not less
than 50% of aggregate outstanding debt will be retired
within ten years.
o Note: Ratios that follow include all tax-supported debt -
GO bonds, VPSA, Literary Loans, QZAB, and Capital
Leases.
Results in accordance with debt policies are included in
Appendix.
13
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Debt Policies
o Tax-supported general obligation debt service will not
exceed 10% of General Fund expenditures.
o Net bonded debt will not exceed 5% of the assessed
value of real estate.
c Net Bonded Debt is general obligation debt for the City
and School Board, exclusive of Parking Enterprise Fund
debt and the amount available in the Debt Service Fund.
o Tax-supported debt will be structured such that not less
than 50% of aggregate outstanding debt will be retired
within ten years.
o Note: Ratios that follow include all tax-supported debt -
GO bonds, VPSA, Literary Loans, aZAB, and Capital
Leases.
Results in accordance with debt policies are included in
Appendix.
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FuJre General Fund Debt Service Requirements and Projected Funding
A vall able for Debt Service
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30.000
25.000
20.000
15.000
10.000
5.000
0.000
_ Adjusted Debt SeNce
Requirements Upon Issuance
22.830
24.139
20.387
25.646
24.402
23.366
-+- Projected Funding Available for 24.573
Debt SeNce
25.069
26.071
26.008
25.569
26.069
1.66g~
1.430 I
004221
I Excess Capacity
1.590 I
1.703 I
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Ratio of Debt Service to General and School Fund
Expenditures (10%)
(Reflects Issuance of Planned Future Debt)
j I,....., . """'-"
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Proiects Proiects Overall
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I 0 FY 2009 4.7% 4.6% 9.3%
0 FY 2010 4.8% 5.1% 9.9%
! D FY 2011 5.0% 5.0% 10.0%
\ D FY 2012 5.0% 4.8% 9.8%
I 0 FY 2013 5.3% 4.5% 9.8%
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! 0 FY 2014 4.8% 4.2% 9.0%
--1 0 FY 2015 3.8% 3.8% 7.6%
Note: Assumes 0% growth in expenditures in FY11, 2%
growth in FY12 and 3% thereafter.
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Ratio of Net Bonded Debt to
Assessed Value of Real Estate (5%)
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(Reflects Issuance of Planned Future Debt)
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City
Proiects
School
Proiects
Overall
o FY 2009
o FY 2010
o FY 2011
o FY 2012
o FY 2013
o FY 2014
o FY 2015
1.8%
1.9%
1.9%
1.9%
2.0%
1.8%
1.6%
2.5%
2.3%
2.1%
1.9%
1.8%
1.6%
1.4%
4.3%
4.2%
4.0%
3.8%
3.8%
3.4%
3.0%
Note: Assumes growth in assessed value of real estate of
1.8% in FY10, 0% in FY11, 1 % in FY12 and thereafter.
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Reduction of Aggregate Debt Within Ten Years
(500/0)
(Reflects Issuance of Planned Future Debt)
City Schools Overall
. FY 2009 70% 60% 65%
. FY 2010 70% 63% 67%
. FY 2011 69% 65% 67%
. FY 2012 69% 67% 68%
. FY 2013 67% 69% 68%
---
. FY 2014 68% 72% 70%
. FY 2015 70% 75% 73%
18
Revisions to City Debt Policy
New areas addressed in the revision of City Debt Policy:
o Arbitrage Compliance - the City will coordinate with its
investment managers with regard to expected project funds payout
so as to maximize investment earnings in light of federal arbitrage
requirements.
o The use of Virginia Resource Authority (VRA) bonds - the City
may issue general obligation public improvement bonds through
VRA for the purpose of providing funds to support capital projects.
o Capital Leases - the City may issue capital leases to purchase
buildings, machinery, vehicles, equipment, furniture and fixtures.
The term of any capital lease shall not exceed the useful life of the
asset leased.
o There have been no changes to debt limits or targets.
19
Discussion:
Council asked for information on citizen feedback regarding the potential design
for the Washington Park Pool; and also agreed that the Market Building renovations
should be moved to the top of the list of targeted capital projects for FY201 O.
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At 10:55 a.m., the Mayor declared the meeting in recess until 12:00 Noon for a
joint meeting with the Roanoke Redevelopment and Housing Authority, Board of
Commissioners, in Room 159.
At 12:38 p.m., the Council reconvened in Room 159, for a joint meeting of
Council and the Roanoke Redevelopment and Housing Authority Board of
Commissioners, with Mayor Bowers and Board of Commissioners Chairman Gilbert E.
Butler, Jr., presiding.
CITY COUNCIL MEMBERS PRESENT: Council Members Court G. Rosen
David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price and Mayor David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BOARD OF
COMMISSIONERS PRESENT: Commissioners Adam Boitnott, R. Gail Burruss,
Edward Garner, Daniel E. Karnes, Cheryl Miller, Duane Smith, and Chairman Gilbert E.
. Butler, Jr.-7.
ABSENT: None-O.
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager, Timothy Spencer, Assistant City Attorney; Ann H. Shawver, Director of
Finance; Stephanie M. Moon, City Clerk; and Cecelia T. Webb, Assistant Deputy City
Clerk.
REPRESENTING THE ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY: Glenda Edwards, Executive DirectorlSecretary- Treasurer; Nick Conte,
Legal Counsel to the Authority.
The Invocation was delivered by Vice-Mayor Lea.
HOUSING AUTHORITY: Mayor Bowers welcomed everyone to the meeting and
recognized the new members Duane Smith, Edward Garner, and Adam Boitnott.
Chairman Butler expressed appreciation to the Council and advised that the
Authority was in the process of completing its Five-Year Strategic Plan, having received
input from citizens, residents, and governmental organizations, adding that the Authority
anticipates having the Plan completed by August 31, 2009. He also pointed out that the
agreement with Carilion to acquire the Virginia Scrap Iron property had been finalized
and environmental remediation work was underway.
240
He commented that the two condemnation cases have not been finalized, and I
the B&B Holdings case had proven to be time consuming and more costly than
anticipated, adding the Blue Ridge Truck and Tire property case were also in litigation.
He emphasized that the City needed to provide funds once the value of the properties
was determined because legal invoices were escalating, and therefore, the Authority
respectively requests that funds from the City be received in a timelier manner in order
to pay the costs for the litigation cases.
Mayor Bowers inquired about unpaid invoices; whereupon, Chairman Butler
replied that the Authority was in receipt of an invoice from Woods Rogers that was 90-
120 days over due. The City Manager responded that the Authority had been advised
that the matter would be resolved by the end of the week and the payment would be
satisfied. Vice-Mayor Lea asked about the amount of the invoice; whereupon,
Chairman Butler replied approximately $44,000.00 in outstanding legal fees. After
further discussion of the litigation process, Legal Counsel to the Authority confirmed that
the expected timeframe for completion of litigation was almost eight months.
Commissioner Boitnott commented that on short notices the Authority has been
instructed to purchase property on behalf of the City, and asked that information be
provided in a timelier manner in order for the Authority to make an informed decision,
adding that the expectations of both the City and the Authority needs to be spelled out.
I
Chairman Butler advised that the Authority must be careful of liabilities when
acquiring properties on behalf of the City, adding that it is imperative to know the details,
such as the length of time for anticipated ownership by the Authority, who is responsible
for upkeep and maintenance, the costs involved, and turning it around for marketability.
Council Member Mason asked if such details were part of the Strategic Plan;
whereupon, the City Manager replied that City staff has monthly meetings with the
Authority to discuss current and potential activities involving both entities. In reference
to Commissioner Boitnott's comment about the lack of notification of the Evans Paint
property, the City Manager acknowledged full responsibility for the lack of adequate
information shared with the Authority. Following ensued discussion of the matter,
Chairman Butler remarked that the Authority acquires many derelict properties promptly;
the Authority would appreciate some assurance that it is protected and backed up by
the City.
Council Member Cutler asked whether or not it was the intent of the Authority to
convert Eight Jefferson Place Apartments into condominiums; whereupon, Chairman
Butler replied not at this time.
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241
Council Member Mason inquired as to the status of the "troubled" designation
from HUD; whereupon, Ms. Edwards stated that the troubled status had been removed
and the Authority was currently designated as a "standard performer". She pointed out
that the repayment to the public housing program was scheduled to be completed by
2012, however, the Section 8 program requires an onsite confirmatory review in order to
have the "troubled" designation removed, which on-site review was scheduled for
June 15, 2009. Council Member Mason asked that the Council be informed of the
outcome of the review and commended the Authority for its hard work in achieving the
"standard performer" status.
Question was raised with regard to plans for the former Harrison School upon the
relocation of the Harrison Museum. The City Manager stated that the matter would be
discussed with the Museum and Fralin Waldron.
Mayor Bowers remarked that it had been 30 years since senior citizen housing
had been built and asked the Authority to meet with the League of Older Americans
(LOA) to determine the housing needs of senior citizens. Ms. Edwards pointed out that
LOA had been a participant in the information gathering session for the Housing
Authority's Five-Year Strategic Plan.
Commissioner Miller commented that she served on the steering committee for
the strategic plan and it was important to bring all parties together, as well as imperative
to know City Council's direction and what they envision for both entities. She asked if
Council would complete the survey used to gather information for the Strategic Plan;
whereupon, the Mayor asked that a copy of the survey be forwarded to the Council for
completion.
Vice-Mayor Lea commented that Council Members Rosen and Price were the
two Council liaisons to the Authority who could help keep the lines of communication
open and strong between the both entities.
In response to Commissioner Smith's remarks that more needed to be done for
the youth in the City, the City Manager interjected that she would ask the Parks and
Recreation staff to meet with the Authority and share information regarding youth
activities.
There being no additional questions and/or comments, the Mayor expressed
appreciation to the Board of Commissioners for their time and efforts.
At 1 :29 p.m., Chairman Butler declared the Roanoke Redevelopment and
Housing Authority Board of Commissioners meeting adjourned.
242
At 1 :29 p.m., the Mayor declared the Council meeting in recess to be reconvened I
for continuation of briefings.
Downtown Districts
Chris Chittum, Planning Administrator, Planning, Building and Development,
highlighted the following information:
. 1997 downtown plan recommended 6 districts:
. Market
. Rail
. Financial
. Courthouse
. Warehouse
. Uptown
. Marketed and recognized as specific places
. Graphic identity
. Signs
. Kiosks
. Street fixtures
. Background
o City Council has endorsed three districts
o Market District
o Rail District
o West Station District
I
. Arts District Participation
o Coordinated by DRI
o Door-to-door canvassing of businesses
o Meeting February
o Letters of support
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~!!:~. Downtown District~;ij).rT(t:;~--~If"-LUI' -~I- " 'dY~l?
PLANNING F.orur,11.:za>> l '2/ /' ~;.'!tr--" au "- '
:) - . - '1.' _ '\ "~ ----.
......--..J(~~___ J'/ --.)L_~~--, _ I jlr/
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~1,~_ ~;~I:( 'i ,-' ,~.. -; [fl 1~!
( ! 1-'. I:J L:":'L:.l-- -~ u ... -. - _ _-. Ii) CI , District
--' '-~-,- ~\ \ '\-:------;~-~i \ llro~' --11--
'7 n I: I II \ : . \ _- .:,- .::\ =~8r=-
r,! :=-,l,-i\l~;-,,~-p\'~., , _'l---- ,%1 L ",., '~-='~f~..,.-J J
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l '___ 1- J~j ;' 1 ' I. _ + 1 \ \ __: __".:L~ _! -__111...:-:: 'I_~ """_'
-___.,.., ...111 r"__1 . 'I I; _J-.--- _ [-"'--r - r----......-,L~r;r'c~__. ---------I ,,/ ,,..z.E_ r I
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· Implementation Ideas
o By arts entities in district
o Create logo/brand
o Letterhead/marketing materials
o Include on business signs
o Walking tours
o Events
(See copy of presentation on file in the City Clerk's Office.)
243
244
Following indepth discussion, Council Member Trinkle offered a motion that the I
Council concur in the recommendation to endorse the proposed arts district. The
motion was seconded by Council Member Cutler and unanimously adopted.
SCHOOLS-YOUTH: In connection with athletic participation by Roanoke
Catholic School, Steve Buschor, Director, Parks and Recreation, commented that the
Youth Athletic Council has been trying since 2004 to consolidate the four regions in the
City. Council Member Trinkle inquired if the goal was to diversify the teams;
whereupon, Mr. Buschor responded in the affirmative. The City Manager interjected
that the Youth Athletic Council was scheduled to hold a meeting on June 11 in order to
allow participation by Roanoke Catholic.
Council Member Rosen asked whether or not non-City residents were going to
be grandfathered in; whereupon, Mr. Buschor stated that the guidelines were still to be
defined.
At 1 :52 p.m., the Mayor declared the Council meeting in recess to be reconvened
in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building.
At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert I
Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend John Furman, Pastor,
Westminster Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
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245
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 immediately for response, recommendation
or report to Council.
SCHOOLS-BUDGET: Jacquelyn Johnson, 706 West View Avenue, appeared
before the Council and spoke about the elimination of teacher positions in the Roanoke
City Public Schools, specifically her position at William Fleming High School as well as
harassment by the Principal.
Without objection by the Council, Ms. Johnson's comments were referred to the
School Board Chairman David Carson.
TAXES: Judy Baker, 4704 Showalter Road, N. W., appeared before the Council
and expressed concern with regard to penalty charges in connection with personal
property tax process and other City issues, such as animal control and weed
abatement. She explained that she was told the penalty was due to failure to report a
vehicle purchase to the City. She also voiced her concern with regard to the low rate of
customer service received from the City regarding conversation pertaining to the
penalty.
Without objection by the Council, the matter regarding personal property tax
process was referred to the City Treasurer for appropriate response. The matters
relating to animal control and weed abatement was referred to the City Manager for
investigation and report to Council.
ECONOMIC DEVELOPMENT: Robert Gravely, 3360 Hershberger Road, N. W.,
appeared before the Council and spoke about Council's responsibility regarding
economic development in the City.
SCHOOLS: Chris Craft, 1501 East Gate Avenue, N. E., appeared before the
Council and spoke about citizen and elected officials involvement in school activities.
SCHOOLS: Helen Davis, 35 Patton Avenue, N. E., appeared before the Council
and spoke about the retention of teachers in the Roanoke City Public Schools, and
alleged mistreatment of City bus drivers.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and jf discussion were
desired, the item would be removed from the Consent Agenda and considered
separately.
246
MINUTES: Minutes of the regular meeting of Council held on Monday, I
February 2, 2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Cutler moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
NAYS: None-O.
FLOOD REDUCTION: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to allow placement of easements in connection
with the Roanoke River Flood Reduction Project, was before the body.
(See communication on file in the City Clerk's Office)
Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason I
and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
ARTS COMMISSION: A communication from the City Clerk advising of the
resignation of Kris Pedelty as a member of the Roanoke Arts Commission, effective
Tuesday, June 9, 2009, was before the Council.
(See communication on file in the City Clerk's Office)
Council Member Cutler moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
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NAYS: . None-D.
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OATHS OF OFFICE-FIFTH PLANNING-FIRE: Reports of qualification of Council
Member Court G. Rosen as an elected City representative and Darlene L. Burcham as
a non-elected City representative of the Roanoke Valley-Alleghany Regional
Commission, for three-year terms ending June 30, 2012; and Nelson D. Reed as a
member of the Board of Fire Appeals for a term ending June 30, 2012, were before the
Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Cutler moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-D.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES-TRAFFIC: The City Manager submitted a written communication
recommending execution of separate amendments for consulting services in connection
with the Transportation Structure Inspection Program.
(For full text, see communication on file in the City Clerk's Office.)
248
Council Member Mason offered the following resolution:
(#38467-060109) A RESOLUTION authorizing City Manager's issuance and
execution of additional Amendments to the City's contract with AECOM USA, Inc., for
additional professional services for the second year of the City's Transportation
Structures Inspection Program (2008-2010); and authorizing the City Manager to take
such actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of all such Amendments to the above
mentioned Contract, as well as the Contract itself.
(For full text of resolution, see Resolution Book No. 73, page 303.)
Council Member Mason moved the adoption of Resolution No. 38467-060109.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following resolution:
(#38468-060109) A RESOLUTION authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with Mattern & Craig, Inc., for
additional professional services for the second year of the City's Transportation
Structures Inspection Program (2008-2010); and authorizing the City Manager to take
such actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of all such Amendments to the above
mentioned Contract, as well as the Contract itself.
(For full text of resolution, see Resolution Book No. 73, page 304.)
Council Member Mason moved the adoption of Resolution No. 38468-060109.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
NAYS: None-O.
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ECONOMIC DEVELOPMENT: The City Manager submitted a written
communication recommending execution of Amendment No.3 in connection with the
development of Colonial Green.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38469-060109) AN ORDINANCE authorizing the City Manager to execute
Amendment No.3 to the Agreement for the Development of Colonial Green dated
December 27,2004, such Amendment No.3 to be entered into by the City and Colonial
Green, L.C.; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 305.)
Council Member Cutler moved the adoption of Ordinance No. 38469-060109.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
BUDGET-ARTS COMMISSION: The City Manager submitted a written
communication recommending transfer of funds in connection with recommendations of
the Roanoke Arts Commission for funding to specific agencies for Fiscal Year 2009-
2010.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38470-060109) A RESOLUTION concurring in the recommendations of the
Roanoke Arts Commission Funding Advisory Committee's ("Committee") allocation of
City funds to various nonprofit agencies and for performance audits in connection
thereto for Fiscal Year 2009-2010; and authorizing the City Manager to execute a
contract with the Arts Council of the Blue Ridge to perform the necessary performance
audits to evaluate the effectiveness and efficiency of all funded programs for such
recipient agencies.
(For full text of resolution, see Resolution Book No. 73, page 305.)
250
Council Member Trinkle moved the adoption of Resolution No. 38470-060109. I
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Trinkle offered the following budget ordinance:
(#38471-060109) AN ORDINANCE to transfer funding to specific Art
Commission agencies, amending and reordaining certain sections of the 2009-2010
General Fund Appropriations, and dispensing with the second. reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 307.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38471-
060109. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
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NAYS: None-O.
HUMAN SERVICES-BUDGET: The City Manager submitted a written
communication recommending transfer of funds in connection with recommendations of
the Human Services Advisory Board for funding to qualified agencies for Fiscal Year
2009-2010.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38472-060109) A RESOLUTION concurring in the recommendations of the
Human Services Advisory Board ("Board") for allocation of City funds to various
nonprofit agencies and performance audits for Fiscal Year 2009-2010; authorizing the
City Manager or her designee to execute any required contracts with the recipient
agencies for provision of services, and to execute a contract with the Council of
Community Services to perform the necessary performance audits to evaluate the
effectiveness and efficiency of all funded programs.
(For full text of resolution, see Resolution Book No. 73, page 308.)
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Council Member Cutler moved the adoption of Resolution No. 38472-060109.
The motion was seconded by Council Member Price.
Council Member Cutler inquired if there was funding for the Community Housing
Resource Center; whereupon, the City Manager explained that the funding for said
homeless program was part of the Federal stimulus money. He also inquired if, in the
future, would the City have to fund the project; whereupon, the City Manager advised
that it was a three year program and it is hoped through coordinated efforts, resources
can be redirected that are currently channeled to other activities.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38472-060109 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
NAYS: None-O.
Council Member Cutler offered the following budget ordinance:
(#38473-060109) AN ORDINANCE to transfer funding to specific Human
Services Committee agencies, amending and reordaining certain sections of the 2009-
2010 General Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 309.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38473-
060109. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
NAYS: None-O.
TECHNOLOGY-EQUIPMENT-BUDGET: The City Manager submitted a written
communication recommending appropriation of retained earnings for specific
technology projects.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Mason offered the following budget ordinance:
I
(#38474-060109) AN ORDINANCE to appropriate funding from the Department
of Technology Retained Earnings to various Department of Technology projects,
amending and re-ordaining certain sections of the 2008-2009 Department of
Technology Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 311.)
Council Member Mason moved the adoption of Budget Ordinance No. 38474-
060109. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
CITY MANAGER COMMENTS:
NEIGHBORHOOD ORGANIZA TIONS- TRAFFIC-ECONOMIC DEVELOPMENT
WEED ABATEMENT-CODE ENFORCEMENTS: The City Manager said the month of I
May was busy for neighborhood organizations who took the opportunity to have yard
sales, picnic, music fests, and fish fries as a way to celebrate Neighborhood Month.
She stated that the observance of Neighborhood Month culminated with several events
last weekend, and that all of us understand and appreciate neighborhoods are part of
what makes Roanoke a special place.
In addition, Ms. Burcham responded to a comment from Council Member Mason
at a previous Council meeting regarding citations for tall weeds and grass. She
explained that Roanoke has had an unusually wet spring this year, and that grass and
weeds tend to grow faster with wet weather. She also addressed Council Member
Mason's concern about how staff is enforcing the City's weed abatement ordinance, and
the fact that the City is not cutting as often. Ms. Burcham stated that she has instructed
the Code Enforcement Team to cite City property the same way private property is cited
regarding weed abatement.
The City Manager also shared that 2,332 notices regarding weed abatement and
nuances were issued during the last fiscal year, with only 511 work orders issued as a
result of those citations. She explained that the City cites tall weeds and grass
violations primarily on a complaint basis, at which time the City sends an inspector out
to measure weeds and grass, with 10 inches as the maximum height it can reach. In
addition, she said staff is currently measuring tall grass on City properties and trying to I
cut it prior to its reaching 10 inches.
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She further stated that once staff has determined a property is in violation, a
citation is posted and the property is photographed. She remarked that the owner of the
property is then sent a notice of violation and given seven days to correct the problem,
adding that staff re-inspects the property on the eighth day and, if the problem is not
corrected, the inspector re-photographs the property and notifies the City's private
contractor to abate the problem. She indicated that contractors have five days to cut
once request has been received, and during the rainy season they may not be able to
get to a property in five days. She mentioned that property is then re-inspected, and the
property owner is billed for the cost of cutting and administrative fees. Ms. Burcham
stated that if the costs are not paid, the City places a lien on the property; and when the
property is sold, the City can collect those liens.
The City Manager assured the Council that the City is not going to allow itself to
be cited for violating the ordinance regarding weed nuance and/or abatement. She
urged citizens to call 911 and report weed abatement on public or private property.
Council Member Rosen inquired about the cost of mowing, and why the citation
costs were high; whereupon, the City Manager explained that staff has to go through
notice requirements, and needs to have properly insured individuals to conduct mowing
so the City will not be open to other claims. In addition, she said the City added the
$100.00 administrative fee to avoid making the City an easy option for people to have
their property owned. She also said violators pay a fee that includes a minimum of two
hours for the contractor to mow. She urged citizens to call 853-2000, and wait for the
prompt for code enforcement to report their complaint.
Mayor Bowers noted that many intersections also have tall weeds, and that the
City maintains those intersections. He said that there also are problems with the tall
weeds and grass along the exit ramps on 1-581, and that the oversight of the grass
belongs to the State. He requested that the City Manager share said concern with the
Virginia Department of Transportation.
With regard to completion of repairs to Walnut Street Bridge, the City Manager
advised that Walnut Street Bridge would reopen no later than Friday; and City staff is
waiting for the reopening to schedule demolition of the Roanoke Mills, which will require
adjustment of traffic lanes on Jefferson Street.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the Financial Report
for the month of April 2009.
(For full text, see Financial Report on file in the City Clerk's Office.)
254
The Director of Finance called attention to a correction on page 6 of the report, I
noting that staff was unable to report budgetary amounts by category to properly agree
to Council-approved amounts year to date, and therefore, those columns had to be
removed. She pointed out that the copy included in the packet erroneously retained
one of the budget-related columns and had a few formatting errors as well.
Ms. Shawver stated that the Finance Department has been working with the
School Administration staff to come to a single, concise financial report which can be
forwarded to the Council on a quarterly basis, adding that staff would likely continue
reporting the School information on a one month lag in order to (1) take City data to
Council in the most likely timely manner possible and (2) allow the Board to approve
School financials before presentation to Council.
Without objection by the Council Members, Mayor Bowers stated that the revised
Financial Report would be received and filed.
REPORTS OF COMMITTEES:
SCHOOLS-BUDGET: The Roanoke City School Board submitted a written
report requesting appropriation of School and School Food Service Fund Balance to
support school operations for fiscal year 2009; and the Director of Finance submitted a
written report recommending Council's concurrence of the request.
(For full text, see reports on file in the City Clerk's Office.)
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Council Member Trinkle offered the following budget ordinance:
(#38475-060109) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments, amending and reordaining certain sections
of the 2008-2009 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 312.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38475-
060109. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
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UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
FIFTH PLANNING: Council Member Trinkle announced that at a recent meeting
of the Roanoke Valley-Alleghany Regional Commission, the City of Roanoke was
recognized for 40 years of service by the Commission.
DOGS: Vice-Mayor Lea stated his concern about a situation in northwest
Roanoke regarding dogs that are not on a leash and roaming free, especially Pit Bulls.
He asked the City Manager to encourage the City's Animal Control Officers to patrol this
area and address the issue, and said he is also concerned about the dogs attacking
small children. The City Manager asked that citizens who see animals roaming at-large
to call 911 immediately so that an Animal Control officer may be dispatched to the area
immediately. She also said officers are required to see the dog roaming free in order to
be able to do something about the situation. She added that the City has an ordinance
that addresses dangerous or vicious dogs. The City Attorney said that in order to press
charges, the dog "must act out and attack someone before officers can take action. He
added that if the dog is dangerous or vicious, the law on the books effectively addresses
the remediation of the situation. Vice-Mayor Lea asked if there was any way to
communicate Council's concerns with Pit Bull owners; whereupon, the City Manager
stated that the Treasurer may be able to send notices to the owners who have
registered pit bulls, emphasizing that not everyone registers their dog. She also stated
that she would talk with the Treasurer about the possibility of staff meeting with the dog
owners. CoLincil Member Rosen asked that City Manager look City-wide as to handling
the problem, not only in the northwest section of the City.
SPECIAL EVENTS: Vice-Mayor Lea announced that the 10th Annual Western
Virginia Football Classic will be held on September 19, at the Salem Football Stadium,
with Sf. Paul College playing against Fayetteville State University.
At 3:11 p.m., the Mayor declared the meeting in recess for continuation of
briefings and a Closed Meeting in the Council's Conference Room, Room 451, Fourth
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
At 3: 18 p.m., the Council meeting reconvened in the Council's Conference
Room, Room 451.
256
Aviation Drive Briefina
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Mark Jamison, Manager, Transportation Division, shared the results of staffs
meeting with the Roanoke Regional Airport Commission and reported that the Airport
Commission concurs with the City's recommendation to add a traffic signal at Aviation
Drive and Towne Square Boulevard, creating a new traffic pattern that allows traffic a
one-way exit from Thirlane Road to Aviation Drive.
(See powerpoint on file in the City Clerk's Office.)
Following dialogue with the Council, the Council agreed to allow City staff to
revise construction plans, update the construction cost estimate, and identify potential
sources for the project. The City Manager added that staff would seek partners to fund
the project.
At 3:30 p.m., the Mayor declared the meeting in recess for a Closed Meeting.
At 6:39 p.m., the Council meeting was reconvened in the Council Chamber,
Room 450, with Mayor Bowers presiding and all Members of the Council in attendance.
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Price moved that each Member of City Council certify to the best of his or her I
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers- 7.
NAYS: None-D.
OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM-
REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor advised that the
there are two vacancies on the Court Community Corrections Program, Regional
Community Criminal Justice Board created by the three-year expiration of terms of
office of Gail Burruss and Clifford R. Weckstein as City representatives ending June 30,
2009; whereupon, he opened the floor for nominations.
The names of Gail Burruss and Judge Clifford R. Weckstein were placed in
nomination.
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There being no further nominations, Ms. Burruss and Judge Weckstein were
reappointed as City representatives of the Court Community Corrections Program,
Regional Community Criminal Justice Board for terms of three years, each, ending
June 30, 2012, by the following vote:
FOR MS. BURRUSS AND JUDGE WECKSTEIN: Council Members Rosen,
Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7.
OATHS OF OFFICE-PARKS AND RECREATION (MILL MOUNTAIN ADVISORY
COMMITTEE): The Mayor advised that there are vacancies on the Mill Mountain
Advisory Committee created by the expiration of the one-year terms of office of Kae
Bolling, Richard Clark, Betty Field, Steven Higgs, Louise F. Kegley, Carl H. Kopitzke,
Michael A. Loveman, E. C. Pace, III, and Eddie Wallace, Jr., as members ending June
30,2009; whereupon, he opened the floor for nominations.
The names of Kae Bolling, Richard Clark, Betty Field, Steven Higgs, Louise F.
Kegley, Carl H. Kopitzke, Michael A. Loveman, E. C. Pace, III, and Eddie Wallace, Jr.,
were placed in nomination.
There being no further nominations, Ms. Field and Messrs. Higgs and Pace were
reappointed for terms of one year, each, ending June 30, 2010; Messrs. Clark and
Loveman and Ms. Kegley were reappointed for terms of two years, each, ending
June 30,2011; and Ms. Bolling and Messrs. Kopitzke and Wallace were reappointed for
terms of three years, each, ending June 30, 2012, as members of the Mill Mountain
Advisory Committee by the following vote:
FOR MS. FIELD, MR. HIGGS, MR. PACE, MR. CLARK, MR. LOVEMAN, MS.
KEGLEY, MS. BOLLING, MR. KOPITZKE, AND MR. WALLACE: Council Members
Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7.
OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES
COMMISSION: The Mayor advised that there are vacancies on the Personnel and
Employment Practices Commission created by the expiration of three-year terms of
office of Edward C. Bradley, The Reverend William Lee, and Virginia B. Stuart as
members ending June 30,2009; whereupon, he opened the floor for nominations.
The names of Edward C. Bradley, The Reverend William Lee, and Dr. Virginia B.
Stuart were placed in nomination.
There being no further nominations, Mr. Bradley, Reverend Lee and Dr. Stuart
were reappointed as members of the Personnel and Employment Practices
Commission for terms of three years, each, ending June 30,2012, by the following vote:
FOR MR. BRADLEY, REVEREND LEE AND DR. STUART: Council Members
Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7.
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OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor advised that I
there are vacancies created on the Roanoke Arts Commission by the expiration of
three-year terms of office of Sandra Brunk, Charles E. Jordan, George Kegley, Lucy H.
Lee, and Kathleen Lunsford as members ending June 30, 2009; and noted that Messrs.
Jordan and Kegley declined to serve another term, respectively; whereupon, he opened
the floor for nominations.
The names of Sandra Brunk, Lucy H. Lee, Kathleen Lunsford, Amy Moorefield
and Lawrence Johns were placed in nomination.
There being no further nominations, Ms. Brunk, Ms. Lee, and Ms. Lunsford were
reappointed, and appointed Mr. Johns to replace Mr. Jordan and Ms. Moorefield to
replace Mr. Kegley as members of the Roanoke Arts Commission for terms of three
years, each, ending June 30,2012, by the following vote:
FOR MS. BRUNK, MR. JOHNS, MS. LEE, MS. LUNSFORD, AND MS.
MOOREFIELD: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor
Bowers-7.
Inasmuch as Mr. Jordan was a non-City resident, Council Member Cutler moved
that the City residency be waived in this instance. The motion was seconded by
Council Member Mason and unanimously adopted.
OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor
advised that there are vacancies on the Roanoke Neighborhood Advocates created by
the three-year expiration of terms of office of Bob R. Caudle, Sandra Kelly and Clarice
Walker as members ending June 30, 2009; and noted that Ms. Kelly and Ms. Walker
declined to serve another term, respectively; whereupon, he opened the floor for
nominations.
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The name of Bob R. Caudle was placed in nomination.
There being no further nominations, Mr. Caudle was reappointed as a member of
the Roanoke Neighborhood Advocates for a term of three years ending June 30, 2012,
by the following vote:
FOR MR. CAUDLE: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price
and Mayor Bowers-7.
OATHS OF OFFICE- PENSION PLAN: The Mayor advised that there is a
vacancy on the Board of Trustees, City of Roanoke Pension Plan, created by the
four-year expiration term of office of George F. Taylor as a member ending June 30,
2009; whereupon, he opened the floor for nominations.
The name of George F. Taylor was placed in nomination.
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There being no further nominations, Mr. Taylor was reappointed as a member of
the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending
June 30, 2013, by the following vote:
FOR MR. TAYLOR: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price
and Mayor Bowers-7.
OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor
advised that there are vacancies on the Roanoke Public Library Board created by the
expiration of the three-year terms of office of Carlos H. Brunal, Wilburn C. Dibling, Jr.,
and Michael L. Ramsey as members ending June 30, 2009; inasmuch as Mr. Ramsey
has served three consecutive terms of office, he is not eligible for reappointment;
whereupon, he opened the floor for nominations.
The name of Wilburn C. Dibling, Jr., was placed in nomination.
There being no further nominations, Mr. Dibling was reappointed as a member of
the Roanoke Public Library Board for a term of three years ending June 30, 2012, by
the following vote:
FOR MR. DIBLlNG: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price
and Mayor Bowers-7.
OATHS OF OFFICE-ROANOKE VALLEY CONVENTION AND VISITORS
BUREAU: The Mayor advised that there are vacancies on the Roanoke Valley
Convention and Visitors Bureau, Board of Directors, created by the expiration of one-
year terms of office of A. Morris Turner, Jr., and Barton J. Wilner as City representatives
ending June 30, 2009; whereupon, he opened the floor for nominations.
The names of A. Morris Turner, Jr., and Barton J. Wilner were placed in
nomination.
There being no further nominations, Messrs. Turner and Wilner were reappointed
as City representatives of the Roanoke Valley Convention and Visitors Bureau, Board of
Directors, for a term of one year, each, ending June 30,2010, by the following vote:
FOR MESSRS. TURNER AND WILNER: Council Members Rosen, Trinkle,
Cutler, Lea, Mason, Price and Mayor Bowers-7.
OATHS OF OFFICE-ROANOKE VALLEY GREENWAY COMMISSION: The
Mayor advised that there is a vacancy on the Roanoke Valley Greenway Commission
created by the expiration of the three-year term of office of Lucy R. Ellett as City
representative ending June 30, 2009; inasmuch as Ms. Ellett has served three
consecutive terms, she is not eligible for reappointment; whereupon, he opened the
floor for nominations.
260
The name of Mark S. Lucas was placed in nomination.
There being no further nominations, Mr. Lucas was appointed as a City
representative of the Roanoke Valley Greenway Commission for a term of three years
ending June 30, 2012, by the following vote:
FOR MR. LUCAS: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price
and Mayor Bowers-7.
OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL
COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Valley-
Alleghany Regional Commission created by the expiration of three-year term of office of
Jay E. Foster as a non-elected City representative ending June 30, 2009; whereupon,
he opened the floor for nominations.
The name of Jay E. Foster was placed in nomination.
There being no further nominations, Mr. Foster was reappointed as a non-elected
City representative of the Roanoke Valley-Alleghany Regional Commission for a term of
three years ending June 30, 2012, by the following vote:
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FOR MR. FOSTER: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price I
and Mayor Bowers-7.
OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: The Mayor
called attention to a vacancy on the Economic Development Authority of the City of
Roanoke created by the resignation of Deborah Oyler as a Director for an unexpired
term ending October 20,2009; whereupon, he opened the floor for nominations.
The name of Vickie H. Bibee was placed in nomination.
There being no further nominations, Ms. Bibee was appointed as Director of the
Economic Development Authority of the City of Roanoke to fill the unexpired term of
Deborah Oyler ending October 20, 2009, by the following vote:
FOR MS. BIBEE: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price
and Mayor Bowers-7.
CITY MANAGER: Council Member Mason, as Chair of the City Council
Personnel Committee, announced the retirement of Darlene L. Burcham, City Manager,
effective March 1, 2010. She stated that the Council would be working on criteria for a
City Manager search process; and recognized Ms. Burcham for accomplishments and
dedicated service to the City.
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The City Manager expressed appreciation to the Council for the opportunity to
continue her service with the City in order to complete several outstanding projects in a
successful way.
There being no further business, the Mayor declared the Council meeting
adjourned at 6:46 p.m.
APPROVED
ATTEST:
'~hJ.~o~
Stephanie M. Moon
City Clerk
".(]~I\t".~ .
~ ~ - -~
David A. Bowers
Mayor
ROANOKE CITY COUNCIL-REGULAR SESSION
June 15, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, June 15,
2009, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38150-070708 adopted by the Council on
Monday, July 7, 2008; and Resolution No. 38415-040609 adopted by the Council on
Monday, April 6, 2009.
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P.
Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), Court G. Rosen, and Mayor
David A. Bowers-7.
ABSENT: None -0.
The Mayor declared the existence of a quorum.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Jeff Copper, Pastor, New Life
Temple Christian Ministries.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
The Mayor announced that he would be holding his annual open house in the
Mayor's Office on July 1, 2009, and information would be available on the City's
website.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
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 immediately for response, recommendation
or report to Council.
SCHOOLS-BUDGET: Chris Craft, 1501 East Gate Avenue, N. E., appeared
before the Council, to urge that the City reconsider funding for the schools' after-prom I
events at Patrick Henry and William Fleming which funds have been eliminated for fiscal
year 2010.
PARKS-COMPLAINTS: Robert Gravely, 3360 Hershberger Road, N. W.,
appeared before the Council, to call attention to the lack of mowing in the City's parks.
CODE ENFORCEMENT: George Gunther, 914 Loudon Avenue, N. W.
appeared before the Council, and spoke about weed, trash and inoperable vehicle
procedures.
(See copy of remarks on file in the City Clerk's Office.)
CITY GOVERNMENT: Evelyn Bethel, 35 Patton Avenue, N. E., appeared before
the Council, and commented about the Council's integrity.
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CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. He called attention to three requests for Closed Meeting, one from the
Chair of the City Council Personnel Committee, and two from the City Manager.
MINUTES: Minutes of the recessed meeting of Council held on Friday,
February 13, 2009, the regular meeting of Council held on Tuesday, February 17, 2009;
and the recessed meeting of Council held on Monday, March 2, 2009, were before the
body.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that Council dispense with the reading of the
minutes and approve as recorded. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee requesting that Council convene in a Closed
Meeting to discuss the annual performance of three Council-Appointed Officers,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
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SALE/PURCHASE OF PROPERTY: A communication from the City Manager I
. requesting that Council convene in a Closed Meeting to discuss the disposition of
publicly-owned property, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
SALE/PURCHASE OF PROPERTY: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss acquisition of real
property for a public purpose, where discussion in open meeting would adversely affect
the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- I
3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
MINUTES-AUDIT COMMITTEE: Minutes of the Audit Committee meeting held
on Monday, March 2, 2009, were before the Council.
(See Minutes on file in the City Clerk's Office.)
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Council Member Mason moved that minutes of the Audit Committee be received
and filed. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-D.
(Council Member Price was not present when vote was recorded.)
COMMITTEES-ROANOKE PUBLIC LIBRARY BOARD: A communication from
the City Clerk advising of the resignation of The Reverend C. Nelson Harris as a
member of the Roanoke Public Library Board, effective immediately, was before the
Council.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that the resignation be accepted, and the
communication be received and filed. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-D.
(Council Member Price was not present when vote was recorded.)
ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION-MILL MOUNTAIN
ADVISORY COMMITTEE-ROANOKE ARTS COMMISSION: Reports of qualification of
the following persons were before the Council:
Council Member David B. Trinkle as an elected City representative to the
Roanoke Valley-Alleghany Regional Commission for a three-year term
ending June 30, 2012;
Richard Clark, Eddie Wallace, and Louise F. Kegley for terms of two
years, each, ending June 30, 2011; and Kae N. Bolling for a term of
three years ending June 30, 2012, as members of the Mill Mountain
Advisory Committee; and
Kathleen W. Lunsford and Amy G. Moorefield as members of the Roanoke
Arts Commission for terms of three years, each, ending June 30, 2012.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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Council Member Mason moved that the reports of qualification be received and I
filed. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-DRUGS: The Commonwealth's Attorney submitted a written
communication recommending acceptance of funding for a Drug Prosecutor; and the
City Manager submitted a communication concurring in the recommendation.
(For full text, see communications on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
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(#38476-061509) A RESOLUTION authorizing the acceptance of funding for the
regional drug prosecutor's office from the Compensation Board of the Commonwealth of
Virginia and authorizing the acceptance, execution, and filing of appropriate documents
to obtain such funds.
(For full text of resolution, see Resolution Book No. 73, page 313.)
Council Member Trinkle moved the adoption of Resolution No. 38476-061509.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
Council Member Trinkle offered the following budget ordinance:
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(#38477-061509) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 314.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38477-
061509. The motion was seconded by Council Member Mason.
Vice-Mayor Lea mentioned that drug use and prosecution have increased in the
Roanoke Valley, especially in Roanoke, with the drug of choice being heroin. In
addition, he pointed out that not only the use of drugs have increased overall, but drug
deals as well.
There being no additional questions and/or comments by the Council Members,
Budget Ordinance No. 38477-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS:
APPALACHIAN POWER-CAPITAL IMPROVEMENTS: Briefings with regard to
the Capital Improvement Program and Appalachian Electric Power (AEP) Transmission
Line Project were held in the Council's Conference Room following the 2:00 p.m.
session.
ITEMS RECOMMENDED FOR ACTION:
E-911-GRANTS-BUDGET: The City Manager submitted a written
communication recommending acceptance of a Virginia Wireless E-911 Services Board
Grant; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
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(#38478-061509) A RESOLUTION accepting the Public Safety Answering Point I
(PSAP) Grant to the City from the Virginia Wireless E-911 Services Board, and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 315.)
Council Member Mason moved the adoption of Resolution No. 38478-061509.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
Council Member Mason offered the following budget ordinance:
(#38479-061509) AN ORDINANCE to appropriate funding from the Virginia
Wireless E-911 Services Board Grant to the E-911 Upgrades Hardware/Software
project, amending and re-ordaining certain sections of the 2008-2009 Department of
Technology Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
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(For full text of ordinance, see Ordinance Book No. 73, page 316.)
Council Member Mason moved the adoption of Budget Ordinance No. 38479-
061509. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
BUDGET-POLlCE-GRANTS: The City Manager submitted a written
communication recommending appropriation of funds for State Asset Sharing and
Federal Forfeited Property Sharing programs.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
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(#38480-061509) AN ORDINANCE to appropriate funding from the State Asset
Sharing Program and Department of Justice Federal Asset Sharing Program for
enhancing law enforcement operations, amending and reordaining certain sections of
the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 317.)
Council Member Mason moved the adoption of Budget Ordinance No. 38480-
061509. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
HUMAN SERVICES-BUDGET-GRANTS: The City Manager submitted a written
communication recommending acceptance of a grant from the Virginia Department of
Social Services for local supervision and operation of the VISST A Piedmont Area
Training Center for the Fiscal year 2010; and execution of a Letter of Extension and
Agreement Modification of the Memorandum of Agreement to accept the funds; and
reduction of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38481-061509) A RESOLUTION authorizing the acceptance of a grant in the
amount of $295,861.00 from the Virginia Department of Social Services ("VDSS") and
authorizing the City Manager to execute a Letter of Extension and Agreement
Modification of the Memorandum of Agreement between City of Roanoke and VOSS for
such funds for local supervision and operation of the Virginia Institute for Social Service
Training Activities ("VISST A") Piedmont Area Training Center, upon certain terms and
conditions.
(For full text of resolution, see Resolution Book No. 73, page 318.)
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Council Member Trinkle moved the adoption of Resolution No. 38481-061509. I
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
Council Member Mason offered the following budget ordinance:
(#38482-061509) AN ORDINANCE to reduce funding from the Virginia
Department of Social Services, for the Virginia Institute for Social Service Training
Activities (VISSTA), amending and reordaining certain sections of the 2009-2010
General Fund Appropriations and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 319.)
Council Member Mason moved the adoption of Budget Ordinance No. 38482-
061509. The motion was seconded by Council Member Trinkle and adopted by the I
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
BUDGET-GRANT-GREENWAY: The City Manager submitted a written
communication recommending acceptance of the Kiwanis Club of Roanoke Grant to be
used for development of amenities along the 3.1 mile Lick Run Greenway; and
appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38483-061509) A RESOLUTION accepting a grant from the Kiwanis Club of
Roanoke and authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 320.)
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Council Member Cutler moved the (adoption of Resolution No. 38483-061509.
The motion was seconded by Council Member Mason.
Council Member Cutler pointed out that the development of amenities along the
3.1 mile Lick Run Greenway is a new signature project, noting that Council Member
Rosen, Mayor Bowers and he are members of the Kiwanis Club of Roanoke. He also
remarked that the project will be an asset to northwest Roanoke inasmuch as it will
provide outdoor activities in the Lincoln Terrace area.
Vice-Mayor Lea commended Mayor Bowers and Council Members Cutler and
Rosen on their commitment to the community and to the physical fitness of the citizens
in the Roanoke Valley.
Mayor Bowes also commended Council Member Cutler on his leadership and
efforts as a member of the Kiwanis Club as well as a member of the Council.
There being no additional comments by the Council Members, Resolution No.
38483-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
Council Member Cutler offered the following budget ordinance:
(#38484-061509) AN ORDINANCE to appropriate funding from the Roanoke
Kiwanis Club for the development of amenities along the Lick Run Greenway, amending
and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 321.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38484-
061509. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
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CITY GOVERNMENT-BUDGET-GRANT: The City Manager submitted a written I
communication recommending authorization to designate the Council of Community
Services to apply for and administer American Recovery and Reinvestment Act of 2009
Strengthening Communities Grant funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38485-061509) A RESOLUTION authorizing the City Manager to designate
the Council of Community Services to apply for and administer an American Recovery
and Reinvestment Act (ARRA) 2009 Strengthening Communities grant to provide funds
for operation of the Non-Profit Resource Center.
(For full text of resolution, see Resolution Book No. 73, page 322.)
Council Member Trinkle moved the adoption of Resolution No. 38485-061509.
The motion was seconded by Council Member Rosen.
The City Manager shared information regarding the implementation of the grant
funds applied for by the Council of Community Services.
Mayor Bowers instructed the City Manager to present a letter to City Council I
regarding funding that the City has received as part of the Federal Stimulus package;
whereupon, the City Manager responded in the affirmative and noted that said
information was currently posted on the City's website for viewing by the public.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38485-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
GRANTS-BLUE RIDGE HOUSING: The City Manager submitted a written
communication recommending execution of Amendments No.1 and No.2 to the Blue
Ridge Housing Development Corporation, Inc. CDBG/HOME Agreements dated
December 1,2006 and September 1,2007, respectively.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
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(#38486-061509) A RESOLUTION authorizing the City Manager to execute
Amendment NO.1 to the 2006/2007 CDBG and HOME Agreement with Blue Ridge
Housing Development Corporation, Inc., dated December 1, 2006, upon certain terms
and conditions.
(For full text of resolution, see Resolution Book No. 73, page 323.)
Council Member Mason moved the adoption of Resolution No. 38486-061509.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
Council Member Trinkle offered the following resolution:
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(#38487-061509) A RESOLUTION authorizing the City Manager to execute
Amendment NO.2 to the 2007/2008 CDBG and HOME Agreement with Blue Ridge
Housing Development Corporation, Inc., dated September 1, 2007, upon certain terms
and conditions.
(For full text of resolution, see Resolution Book No. 73, page 323.)
Council Member Trinkle moved the adoption of Resolution No. 38487-061509.
The motion was seconded by Council Member Mason.
Council Member Rosen inquired about the two amendments; whereupon, the
City Manager explained that there is a repayment required from Blue Ridge Housing
Development for funds connected with the "Southeast By Design"; however, the
amendments are for the Office Next Door Program and the Gilmer Project. She further
stated that Blue Ridge acknowledged that it was unable to fulfill its obligation as
originally agreed upon for funding, adding that the amendments would release Blue
Ridge Housing Development Corporation from its obligation.
There being no additional questions and/or comments from the Council
Members, Resolution No. 38487-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
I (Council Member Price was not present when vote was recorded.)
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BUS-(GRTC)-DISABLED PERSON: The City Manager submitted a written I
communication recommending establishment and approval of an increase to the STAR
service monthly pass price for the Greater Roanoke Transit Company (GRTC), d/b/a
Valley Metro from $84.00 per month to $96.00 per month, effective July 6, 2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38488-061509) A RESOLUTION establishing and approving an increase to
the monthly pass price for the Greater Roanoke Transit Company (GRTC), dba Valley
Metro, service for people with disabilities under the Specialized Transit Arranged Ride
(STAR) Program; and authorizing the City Manager to take any necessary action to
accomplish the implementation, administration, and enforcement of such monthly pass
price increase. .
(For full text of resolution, see Resolution Book No. 73, page 324.)
Council Member Cutler moved the adoption of Resolution No. 38488-061509.
The motion was seconded by Council Member Trinkle.
The City Manager noted that the establishment and approval of an increase to
the monthly pass price for the Greater Roanoke Transit Company (GRTC), must be I
approved by GRTC Board of Directors and City Council.
George Gunther, 914 Loudon Avenue, N. W.\ appeared before the Council in
opposition of the proposed increase in the monthly pass price. He also stated that a
consultant should be hired to study the issue of extending bus service throughout the
community.
There being no additional comments by the Council Members, Resolution No.
38488-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, and Rosen-4.
NAYS: Council Member Mason and Mayor Bowers-2.
(Council Member Price was not present when vote was recorded.)
BUDGET-ECONOMIC DEVELOPMENT-INDUSTRIES: The City Manager
submitted a written communication recommending appropriation of Fiscal Year 2009-
2010 funds for Enterprise Zone projects.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Mason offered the following budget ordinance:
(#38489-061509) AN ORDINANCE to appropriate funding from the Economic
and Community Development Reserve for the Enterprise Zone Projects, amending and
reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 325.)
Council Member Mason moved the adoption of Budget Ordinance No. 38489-
061509. The motion was seconded by Council Member Trinkle.
Council Member Cutler commented about the incentives to businesses to pave
gravel parking lots that have a direct connection to a City storm water detention pond.
The Assistant City Manager for Community Development commented about the
funding source in connection with the Enterprise Zone.
There being no additional questions and/or comments by the Council Members,
Budget Ordinance No. 38489-061509 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
HUMAN SERVICES-BUDGET: The City Manager submitted a written
communication recommending appropriation and transfer of funds in connection with
the Comprehensive Services Act program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38490-061509) AN ORDINANCE to appropriate funding from the
Commonwealth and to transfer funding from the Department of Social Services to the
Comprehensive Services Act, amending and reordaining certain sections of the 2008-
2009 General Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 326.)
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Council Member Mason moved the adoption of Budget Ordinance No. 38490- I
061509. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
CITY MANAGER COMMENTS:
CELEBRA TIONS-SCHOOLS-BUDG ET - YOUTH-PARKS-SISTER CITI ES: The
City Manager announced that she had attended the Juneteenth celebration on
Saturday, June 13, 2009, and was disappointed in the condition of the grass in
Washington Park. She shared that the Director of Parks and Recreation had advised
that due to the wetness and height of the grass, City crews had a difficult time mowing
the grass. In response to budget cutbacks this fiscal year, Ms. Burcham mentioned that
City employees who are part of the mowing crews have volunteered to stay at home
when it rains in order to come in and cut grass on the weekend so the City will look as
good as possible.
In addition, the City Manager remarked that eight Sister City display cabinets I
were unveiled in the Roanoke Civic Center Special Events Center on May 30, and were
dedicated in honor of the former Vice-Mayor and Council Member David K. Lisk.
Ms. Burcham indicated that she attended a School Board meeting to witness the
recognition of students in the PLATO Program, adding that the students have published
a book titled, "ABCs of Roanoke", with each letter describing an activity of the City.
In response to Mr. Craft's comment regarding elimination of funding for the two
high schools' after-prom events, the City Manager advised that the City made no
reduction in its contribution to the City high school after-school proms; however, she
noted that a reduction would be made in next year's budget, adding that $1,500.00 was
awarded to both schools for the current school year.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report recommending
readoption and reenactment of the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
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(#38491-061509) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 327.)
Council Member Cutler moved the adoption of Ordinance No. 38491-061509.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
CITY CODE-TAXES: The City Attorney submitted a written report recommending
amendment of the City Code to establish a special tax rate for certain energy efficient
buildings.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38492-061509) AN ORDINANCE amending Section 32-103.23, Requirements,
of Article II, Real Estate Taxes Generally, Division 9, Tax Rate for Certain Energy-
Efficient Buildings, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
in order to conform it with changes in the Code of Virginia that are effective July 1,
2009; providing for an effective date; and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 329.)
Council Member Cutler moved the adoption of Ordinance No. 38492-061509.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
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SCHOOLS-BUDGET: The Roanoke City School Board submitted a written I
report requesting appropriation of funds for various school programs; and the Director of
Finance submitted a written report recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38493-061509) AN ORDINANCE to appropriate funding from the Federal
government, Commonwealth of Virginia, local match, fees, and Roanoke
Redevelopment and Housing Authority for various educational programs amending and
reordaining certain sections of the 2008-2009 School Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 330.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38493-
061509. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
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(Council Member Price was not present when vote was recorded.)
SCHOOLS-BUDGET: The Roanoke City School Board submitted a written
report requesting approval of the Schools' renewal of the $10,000,000 line of credit
facility with Wachovia Bank, National Association; and the Director of Finance submitted
a written report recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38494-061509) A RESOLUTION authorizing the School Board to renew a loan
agreement with Wachovia Bank, National Association, for the purpose of renewing the
$10,000,000.00 line of credit with Wachovia Bank, National Association, entered into by
the School Board, as authorized by City Council's Resolution No. 38153-070708, and to
extend the renewal through July 8, 2010.
(For full text of resolution, see Resolution Book No. 73, page 333.)
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Council Member Cutler moved the adoption of Resolution No. 38484-061509.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
INDUSTRIES-ECONOMIC DEVELOPMENT AUTHORITY: Council Member
Rosen offered the following resolution appointing Vickie H. Bibee to fill the unexpired
term of S. Deborah Oyler as a Director of the Economic Development Authority ending
October 20, 2009:
(#38496-061509) A RESOLUTION appointing a Director of the Economic
Development Authority of the City of Roanoke to fill the remaining portion of an
unexpired four (4) year term on its Board of Directors.
(For full text of resolution, see Resolution Book No. 73, page 335.)
Council Member Rosen moved the adoption of Resolution No. 38496-061509.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen, and Bowers-7.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
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CITY MANAGER: Council Member Mason, Chair of the City Council Personnel I
Committee, explained the process for hiring a new City Manager, advising that City
Council will hire a professional management placement firm, and candidates will be
identified and interviews will be held in Closed Meeting. She added that the consultant
will hold public meetings to invite citizen input, and she emphasized that there will be a
public component, but also a confidential component.
Mayor Bowers inquired if there would be a national search for a City Manager;
whereupon, Council Member Mason remarked that would have to be decided by the
Council, but there were advantages to both approaches, citing it will be a function of
cost, timing, affordability and the pleasure of the Council.
Mayor Bowers suggested casting a wide net, but would prefer to narrow the
focus to someone with Virginia experience. He also suggested that the Council have
some contact with the Virginia Municipal League and the Virginia City Managers
Association to circulate notice of the vacancy. Council Member Mason indicated that
any vendor would make certain both organizations were contacted.
CITY EMPLOYEES: The Mayor spoke on the issue of the elimination of the
Mayor's secretary position, announcing the creation of a vacancy in the City Clerk's
Office due to the retirement of Sheila N. Hartman, Deputy City Clerk. He asked the
Council to consider a contract for Joyce Johnson, Administrative Assistant IV, assigned I
to the Mayor's Office on a part-time basis, with full-benefits, adding that the Office would
be open Monday - Thursday. In closing, he requested that the matter be discussed
further in Closed Meeting.
VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND
COMMITTEES APPOINTED BY COUNCIL:
WESTERN VIRGINIA WATER AUTHORITY-COMMITTEES-OATHS OF
OFFICE: The Mayor called attention to a vacancy created by the resignation of
M. Rupert Cutler as a City representative of the Western Virginia Water Authority for a
term ending June 30, 2010; whereupon, he opened the floor for nominations.
Council Member Cutler placed the name of John Bradshaw in nomination.
There being no further nominations, Mr. Bradshaw was appointed as a City
representative of the Western Virginia Water Authority to fill the unexpired term of
M. Rupert Cutler ending June 30, 2010, by the following vote:
FOR MR. BRADSHAW: Council Members Trinkle, Cutler, Lea, Mason, Rosen
and Mayor Bowers-6.
(Council Member Price was not present when vote was recorded.)
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At 3:25 p.m., the Mayor declared the Council meeting in recess for two briefings
and a Closed Meeting in the Council's Conference Room, Room 451, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
At 3:35 p.m., the Council meeting reconvened in Council's Conference Room
with Mayor Bowers presiding, and all Members of the Council in attendance, with the
exception of Council Member Price.
HUNTINGTON-ROANOKE 138kV Transmission Line Proiect
Terry Hall, External Affairs Manager, American Electric Power (AEP), presented
an overview of the proposed corridor for a new power line identified as the Huntington
Court Roanoke Project. He advised that 89 percent of the preferred corridor was
located in an industrial area, and the corridor has been proposed to the Commission,
however, permission has yet to be granted.
(See copy of presentation on file in the City Clerk's Office.)
In response to questions from the Council about how the power line would affect
the Roanoke River greenway trail, Mr. Hall explained that citizens would not be able to
see the power line from the trail and AEP was working with the Greenway Commission
to minimize the impacts of the new power line.
The Director of Planning Community and Development interjected that public
hearings were held to receive citizen input on the proposed corridor; however the public
hearings were not well attended; and he also referenced a communication to AEP and
the Department of Environmental Quality.
In addition, Mr. Hall shared that AEP anticipates construction to commence in
2011, with completion by end of 2012.
Capital Improvement Proiects
Sherman M. Stovall, Director, Management and Budget, reviewed priorities
identified for the 2010 Capital Improvement Program.
(See copy of document on file in the City Clerk's Office.)
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Washinaton Park Outdoor Pool Facilitv Audit and Feasibilitv Study
Steve Buschor, Director, Parks and Recreation, shared public feedback received
regarding the three options for redesign of the Washington Park Pool as an aquatic
center. He reviewed the following items:
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. Overview of Community Meeting Process
. Overview of Options
. Community Meeting Comments/Feedback
. Site Review
. The Need for an Aquatic Plan
. Existing Facility Repair and Renovate Options
. Expenses and Revenues
. Summary
(For full text, see copy of presentation on file in the City Clerk's Office.)
Discussion:
Council Member Mason asked if the pool was fully staffed for the summer;
whereupon, Mr. Buschor replied in the affirmative.
Council Member Trinkle inquired about the reconciliation of the regional aspect of I
the options; whereupon, Mr. Buschor advised that the consensus was overwhelming for
a regional water park facility, adding Washington Park is a community park serving
more than just one neighborhood. The City Manager interjected that citizens should be
encouraged to use the facility so that it is not seen as exclusively belonging to one part
of the City.
Council Member Trinkle inquired if the Washington Park pool was transformed
into a regional water facility, would two public pools still be needed in the City;
whereupon, the City Manager explained that future plans would be to convert the Fallon
Park into a multi-purpose recreation center, whereby information regarding proposed
plan would be brought to the Council at a later date that would include information
regarding competitive swimming.
After further comments from the Council regarding maintenance costs, Mr.
Buschor advised that he would provide the information to the Council.
It was noted that discussion of the capital improvement's would be continued at
the July 6 Council meeting.
At 4:30 p.m., the Council meeting was declared in recess for a Closed Meeting.
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At this point, Council Member Trinkle left the meeting. (6:55 p.m.)
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At 6:58 p.m., the Council meeting reconvened in the Council Chamber, Room
450, with Mayor Bowers presiding and all Members of the Council in attendance, with
the exception of Council Member Price and Trinkle.
At this point, Council Member Price arrived at the meeting (6:58 p.m.)
COUNCIL: With the respect to the Closed Meeting just concluded, Vice-Mayor
Lea moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Rosen, and Mayor Bowers-5.
NAYS: None-O.
(Inasmuch as she was not present during the Closed Meeting, Council Member Price
abstained from voting.) (Council Member Trinkle was absent.)
CITY COUNCIL-CITY EMPLOYEES: At this point, the Mayor relinquished the
Chair to the Vice-Mayor.
Mayor Bowers moved that the Council reinstate the position of Secretary to the
Mayor, and authorize a contract of employment to Joyce Johnson from July 1, 2009 -
June 30, 2010, at the same pay grade, but with a 20% cut in pay, with full benefits to be
detailed from a department of the City, with the Mayor's Office to be opened from
Monday to Thursday, at regular office hours. The motion was seconded by Council
Member Price and defeated by the following vote:
AYES: Council Member Price and Mayor Bowers-2.
NAYS: Council Members Cutler, Mason, Rosen and Vice-Mayor Lea-4.
(Council Member Trinkle was absent.)
At 7:06 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 7:15 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. w.
At 7:15 p.m., the Council meeting reconvened in the City Council Chamber,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor
David A. Bowers presiding.
284
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. I
Mason, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6.
ABSENT: Council Member David B. Trinkle-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann A. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-SCHOOLS: Vice-Mayor Lea offered the
following resolution recognizing George "Kila" Miller for his exemplary public service":
(#38495-061509) A RESOLUTION paying tribute to George C. "Kila" Miller, a I
native of Roanoke, for his exemplary public service.
(For full text of resolution, see Resolution Book No. 73, page 355.)
Vice-Mayor Lea moved the adoption of Resolution No. 38495-061509. The
motion was seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)
The Mayor presented a ceremonial copy of Resolution No. 38495-061509 to Mr.
Miller.
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PUBLIC HEARINGS:
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15,
2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
Foot Levelers, Inc., to permanently vacate, discontinue and close a portion of 6th Street,
, N. E., from its intersection with Connecticut Avenue to its terminus with the Foot
Leveler's property bearing Official Tax No. 3043004; and an adjacent alley running in a
westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear
of the property on Compton Street, N. E., bearing Official Tax No. 3071003, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 29, 2009, and Friday, June 5, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the requested closure, finding that the proposed right-of-way vacation will
not result in any inconvenience to the public by virtue of loss of access; and further
recommending that the applicant pay $36,887.00 for the property, which amount is
based on an assessed value of $1.90 per square feet, which is comparable to the
assessments of surrounding properties. In addition to the charge of $36,887.00, the
closure should be subject to certain proffered conditions.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38497-061509) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, as more particularly
described. hereinafter; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 336.)
Council Member Mason moved the adoption of Ordinance No. 38497-061509.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
James F. Douthat, Attorney, appeared before the Council in support of the
petitioner.
286
There being no questions and/or comments by the Council Members, Ordinance I
No. 38497-061509 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15,
2009 at 7:00 p.m., or as soon thereafter as the matter may be heard-, to consider the
following:
1. An amend ment to Section 11.1-604, Review fees, of Article VI,
Administration, of Chapter 31.1, Subdivisions, of the Code of the
City of Roanoke (1979), as amended, by adding a new subsection
(d) to add a new fee of $100.00 for resubmittal and review of a
subdivision plat or subdivision site plan for a fourth and any
subsequent review.
2.
An amendment to the City's fee compendium to establish a new fee
of $100.00 for resubmittal and review of a subdivision plat or
subdivision plan for a fourth and any subsequent review.
I
Such fee is authorized by Section 15.2-2241 (9) of the Code of Virginia (1950),
as amended.
3. An amendment to the City's fee compendium to establish a new fee
of $100.00 for resubmittal and review of a comprehensive
development plan for a fourth and any subsequent review.
4. An amendment to the City's fee compendium to establish a new fee
of $150.00 for submittal of an application for a zoning administrator
modification.
Such fees are authorized by Section 15.2-2286 of the Code of Virginia (1950), as
amended.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 29,2009, and Friday, June 5, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Planning Commission submitted a written report recommending City
Council approve the proposed amendment.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
"AN ORDINANCE amending and reordaining Section 31.1-604, Review fees, of
Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of
Roanoke (1979), as amended; and dispensing with the second reading by title of this
ordinance."
Council Member Cutler moved the adoption of the Ordinance. The motion was
seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
Council Member Cutler commented that assurance was needed that the process
would be kept at a minimum; and City staff monitor to make improvements to
development review process.
Council Member Mason inquired about customer service training; whereupon,
Chris L. Chittum, Planning Administrator, could not speak to specifics regarding basic or
organized training, only mandatory training would be evaluated and staff would continue
to monitor the process.
There were comments regarding plans submitted for review being substandard.
The City Manager indicated that all interested parties would be notified as to the
delay in the process; and she will encourage staff to work in partnership to find a
solution.
There being no questions and/or comments by the Council Members, the
Ordinance was defeated by the following vote:
AYES: Council Members Cutler, Lea, and Mayor Bowers-3.
NAYS: Council Members Mason, Price and Rosen-3.
(Council Member Trinkle was absent.)
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The City Manager submitted a written communication recommending I
amendment of the City Code, and the City's Fee Compendium to reflect plan re-
submittal and zoning modification application fees.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
"AN ORDINANCE amending the Fee Compendium to establish new fees for re.
submittal and review of a subdivision plat or subdivision site plan for a fourth and any
subsequent review, for re-submittal and review of a comprehensive development plan
for a fourth and any subsequent review, and for submittal of an application for a zoning
administrator modification, as set out below, establishing an effective date, and
dispensing with the second reading by title of this Ordinance."
Council Member Rosen moved the adoption of the Ordinance. The motion was
seconded by Vice-Mayor Lea, and the Ordinance was defeated by the following vote:
AYES: Council Members Cutler, Lea, and Bowers-3.
NAYS: Council Members Mason, Price and Rosen -3.
(Council Member Trinkle was absent.)
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ZONING-SCHOOLS: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
June 15, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City of Roanoke to amend the Planned Unit Development Plan for
William Fleming High School, 3601 Ferncliff Avenue, N. W., to include a fieldhouse with
bus and car parking areas, and to change the layout of the various athletic and
recreation facilities, including removal of a baseball field and add two
football/soccer/lacrosse fields, the matter was before the body.
Legal advertisement of the publiC hearing was published in The Roanoke Times
on Friday, May 29,2009, and Friday, June 5, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the request, finding the Plan to be consistent with Vision 2001-2020 and
the Peters Creek North Neighborhood Plan; and noting that providing quality
educational and athletic facilities for the community is a high priority of both plans.
(For full text, see report on file in the City Clerk's Office.)
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Council Member Mason offered the following ordinance:
(#38498-061509) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to amend the Planned Unit Development Plan
for William Fleming High School to include a fieldhouse with bus and car parking areas,
and to change the layout of the various athletic and recreation facilities, including the
removal of a baseball field and addition of two football/soccer/lacrosse fields, on
property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N. W.;
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 339.)
Council Member Mason moved the adoption of Ordinance No. 38498-061509.
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
Vice-Mayor Lea shared comments regarding the fieldhouse.
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38498-061509 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
INDUSTRIES: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to an application to the Virginia
Department of Housing and Community Development as set forth below:
A. To amend the boundaries of Enterprise Zone One A and its Subzone A by
adding additional acreage as indicated below:
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1.
To add to the current Subzone A of Zone One A approximately 26 acres
consisting of properties fronting on the west side of Franklin Road, SW,
between and including the addresses of 3001 to 3137 and including
properties with tax map numbers 1290136X and 1290108. In addition, to
add properties located along the eastern side of Franklin Road, SW,
between and including the addresses of 2406 to 2240 Franklin Road, SW.
Other properties included consist of properties fronting on the east side of
Franklin Road, SW, between and including the addresses of 2824 to 3130,
and the properties located at the southeast corner of Franklin Road, SW,
and McClanahan Street with tax map numbers 1050105, 1050101, and
1050106, along with the property at 2525 Franklin Road, SW. This
particular area is in the center of several large renovations and new
construction and would benefit from further encouragement to extend
rehabilitation efforts along Franklin Road, SW. The property to be added
is zoned General Commercial.
2.
To add to the current Zone One A approximately 8 acres consisting of
properties fronting on the south side of Melrose Avenue, NW, between
and including the addresses of 4418 to 4516 and of 3804 to 4106 'and
including property at 1042 Adams Street, NW. The extension would add
additional commercial businesses along Melrose that are on the cusp of
continuing revitalization efforts. The property to be added is zoned
General Commercial and Neighborhood Commercial.
3. To add to the current Zone One A 6 acres consisting of properties fronting
on the west side of 4th Street, NE, and which have tax map numbers
3014006, 3015006, and 3015008. Such parcels have potential for
redevelopment in the future. The property to be added is zoned for the
downtown zoning district.
4. To add to the current Zone One A 4 acres consisting of properties fronting
on the north and south side of Church Avenue, SW, and the north side of
Luck Avenue which have tax map numbers 1012007,1012006,1012005,
1012004, 1012001, 1012002, 1012003, 1012026, 1011911, 1011910,
1011909, 1011906, 1011206, and 1113402. This small acreage will fill in
two blocks downtown that are in need of renovation and investment and to
allow for future renovation of a historically significant property within the
City. The property to be added is zoned for the downtown zoning district.
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5.
To add to the current Zone One A 3 acres consisting of properties located
along the south side of Cleveland Avenue, SW, which have tax map
numbers 1321215, 1321201, 1321214, 1321301, 1321315, 1321314,
1321327, 1321317, 1321325, and 1321313. As a potential for future
development, these parcels may be eligible for enterprise zone incentives
and brownfield redevelopment incentives for such parcels. The property
to be added is zoned Urban Flex.
B. To amend the boundaries of Enterprise Zone Two and its Subzone A by adding
additional acreage as indicated below:
1.
To add to the current Subzone A of Zone Two 180 acres consisting of
properties fronting on both sides of Coulter Road, NW, and fronting on
Trapper Circle, NW. The other additions consist of properties fronting on
both sides of Airport Road, NW, and which have tax map numbers
6630113, 6630114, 6620103, 6630102, 6630106, 6640101, 6640102,
6640122, 6640103, 6640123, 6640124, 6640105, 6640120, 6640106,
6640121, and 6640107. The properties to be added have a great
opportunity for future redevelopment in the City. These proposed parcels
present an opportunity for redevelopment of existing buildings and sites in
the near future. The property to be added is zoned Airport use, General
Commercial, and Institutional Planned Unit Development.
2.
To add to the current Zone Two approximately 19 acres consisting of
properties located at the intersection of Orange Avenue, NE, including
King Street, NE, and which have tax map numbers 7090511, 7090510,
7100704,7100712,7100714,7100703, and 7100711. This would allow
potential redevelopment in areas that have a chance of growth in property
investment and job creation. The property to be added is zoned General
Commercial and Light Industrial.
3. To add to the current Zone Two 9 acres consisting of five properties
fronting on the west side of Granby Street with tax map numbers 7140103,
7140106,7140126,7140124, and 7140104 and two properties fronting on
the north side of Orange Avenue, NE, with tax map numbers 7130106
and 7130109. This area would close the commercial spaces along
Orange Avenue, NE, in Enterprise Zone Two between Granby Street and
Daleton Road. The property to be added is zoned Light Industrial and
General Commercial.
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The matter was before the body.
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Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, May 29,2009, and Friday, June 5, 2009.
(See publishers' affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending approval of
Enterprise Zone One A and its Subzone A and Enterprise Zone Two and its Subzone A
Amendments applications.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38499-061509) A RESOLUTION authorizing the proper City officials to make
boundary amendments to the City's Enterprise Zone One A and its Subzone A that will
add certain areas to them; authorizing the City Manager to apply to the Virginia
Department of Housing and Community Development (VDHCD) for approval of such
boundary amendments; and authorizing the City Manager to take such further action as
may be necessary to obtain and implement such boundary amendments.
(For full text of resolution, see Resolution Book No. 73, page 341.)
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Council Member Mason moved the adoption of Resolution No. 38499-061509.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter.
Matthew R. Huff, 10 S. Jefferson Street, appeared before the Council to request
that four parcels of land that are located adjacent to current or proposed additions to
Enterprise Zone Two, be considered for addition to Enterprise Zone Two along the
Route 460 East corridor.
(See copy of correspondence on file in the City Clerk's Office.)
There being no questions and/or comments by the Council Members, Resolution
No. 38499-061509 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason; Price, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
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Inasmuch as the request of Mr. Huff relates to the proposed resolution
authorizing the proper City officials to make boundary amendments to the City's
Enterprise Zone Two and its Subzone A, Council Member Cutler moved that the matter
be laid on the table until the next regular meeting of Council scheduled to be held on
July 6, 2009, at 2:00 p.m. The motion was seconded by Council Member Mason and
adopted.
TAXES: Pursuant to instructions by the Council, the City Clerk having advertised
a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on a request of the City of Roanoke to consider amendments to
Article XV, Short-Term Rental Tax, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, in order to conform it with changes in State enabling
legislation effective July 1, 2009; and the City proposes to continue the short-term rental
tax at a rate of one percent (1 %) of gross receipts, and provide for a tax rate of one and
one-half percent (1 ~%) on certain short-term rentals of heavy equipment, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, June 8,2009.
(See publishers' affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
amendment of the City Code to comply with the recent amendments to the State Code
with respect to the short term rental tax and implement a tax rate of 1.5% for a new
heavy equipment category.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following ordinance:
(#38500-061509) AN ORDINANCE amending Article XV, Short-Term Rental
Tax, of Chapter 32, Taxation, Code of the City of Roanoke (1979), in order to conform it
with changes in the Code of Virginia that are effective July 1, 2009; providing for an
effective date; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 343.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38500-061509. The
motion was seconded by Council Member Cutler.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
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The City Manager commented that that a separate category for heavy equipment I
has been established which allows a tax rate of up to 1.5% to be imposed. As a result
of the change in the Code, some businesses that currently pay business personal
property tax will transition to paying the short-term rental tax instead.
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38500-061509 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
FLOOD REDUCTION: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, June 15, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, the City of Roanoke proposes to place a deed of
reservation on City owned property designated as Official Tax Map Nos. 1221301 and
1221406 to reserve easements on the parcels to allow the placement of certain trail
improvements and to construct, operate, and maintain a flood channel in connection
with the Roanoke River Flood Reduction Project, which shall include the right to: cut I
and remove timber, excavate and make bench cuts upon such land, make necessary
earth fills, construct a drainage system and relocate drainage pipes, grade and slope
such land, allow for ingress and egress to the construction site of the greenway
pedestrian bridge to be constructed from Wasena Park to the site of the former Hannah
Court mobile home park, and to perform such other actions as may be necessary in
connection with the Roanoke River Flood Reduction Project, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, June 5, 2009.
(See publishers' affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a Deed of Reservation for construction of greenway pedestrian
bridge from Wasena Park to the Hannah Court parcels.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
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(#38501-061509) AN ORDINANCE authorizing execution of a deed of
reservation for City-owned property designated as Tax Map Numbers 1221301 and
1221406 to reserve easements on the parcels to allow the placement of certain trail
improvements and to construct, operate, and maintain a flood channel in connection
with the Roanoke River Flood Reduction Project, upon certain terms and conditions;
and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 352.)
Council Member Cutler moved the adoption of Ordinance No. 38501-061509.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 38501-061509 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
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 immediately for response, recommendation
or report to Council.
COMPLAINT-TREES: Mr. Kenneth Bevins, 759 Hemlock Road, N. W., appeared
before the Council to express concern regarding safety issue pertaining to overgrown
trees into the right-of-way in his neighborhood; and he urged the Council to instruct the
City staff to provide assistance.
CITY EMPLOYEES: Mr. George Gunther, 914 Loudon Avenue, N. W., appeared
before the Council and spoke about the elimination of City positions.
SCHOOLS: Coach Mickey Hardy, 35 Frances Drive, N. W., and Coach Cheryl
Twine, 2553 Maycrest Street, N. W., appeared before the Council, to seek assistance
with regard to the replacement of the William Fleming State Championship signs that
had been removed from the City right-of-ways throughout the community and City limits.
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Following discussion of the issue, it was the consensus of the Council that the I
signs be reinstalled, with no restriction for removal.
Th,ere being no further business, the Mayor declared the Council meeting
adjourned at 8:30 p.m.
ATTEST:
~~.~
Stephanie M. Moon ~
City Clerk
APPROVED
~~
David A. Bowers
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
July 6, 2009
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, July 6,
2009, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 38150-070708 adopted by the Council on Monday, July 7,
2008; and Resolution No. 38415-040609 adopted on Monday, April 6, 2009.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W.
Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham; City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
COMMITTEES-CITY COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
Vice-Mayor Lea moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-O.
(Due to the lateness of the hour, the Closed Meeting was not held.)
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CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the annual performance of Council-Appointed Officers, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
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(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council convene in Closed Meeting as
above described. The motion was seconded by Vice-Mayor Lea and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
acquisition of real property for a public purpose, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the City,
pursuant to Section 2.2-3711 (A)(3) , Code of Virginia (1950), as amended, was before I
the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss the
award of a public contract involving the expenditure of public funds and discussion of
the terms or scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
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Council Member Trinkle moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
CITY COUNCIL: A communication from the City Attorney requesting that Council
convene in a Closed Meeting for consultation with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-
3711 (A)(7), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Vice-Mayor Lea moved that Council concur in the request of the City Attorney to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
At 9:11 a.m., the Mayor declared the Council meeting in recess for Closed
Meeting in the Council's Conference Room.
At 12:00 noon, the Council meeting reconvened in Room 159 for informal
briefings, with Mayor Bowers presiding and all Members of the Council in attendance.
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CITY SCHOOL BOARD TO BE HELD ON AUGUST 3, 2009, AT 9:00 A.M.
AT THE ROANOKE CITY SCHOOLS ADMINISTRATION BUILDING, 40 DOUGLASS
AVENUE, N. W. Agenda items to be submitted to the City Clerk.
ITEMS LISTED ON THE 2:00 P. M. COUNCrL DOCKET REQUIRING-
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
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BRIEFINGS:
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CAPITAL IMPROVEMENT PLAN
Sherman M. Stovall, Director, Management and Budget, presented a Planned
Debt Issuance Schedule for fiscal years 2010 - 2013, highlighting the following items:
. Planned Debt Issuance
. Possible New Projects in the CIP Update
. Possible Spending Plan - New Projects (from June 1 Briefing)
. Available for Allocation - New Projects (from June 15 Briefing)
. Project Information
. Possible Spending Plan - New Projects (July 6)
. Debt Capacity After Planned Future Debt Issuances
. Debt Policies
. Future General Fund Debt Service Requirements and Projected Funding
Available for Debt Service
. Future City and School Debt Service
. Ratio and Ratio of Debt Service to General and School Fund Expenditures
(1 0%)
. Ratio of Net Bonded Debt to Assessed Value of Real Estate (5%) I
. Reduction of Aggregate Debt within Ten Years (50%)
. Revisions to City Debt Policy
(For full text, see power point presentation on file in the City Clerk's Office.)
He asked that the Council, provide direction as to which projects should be
approved for implementation; whereupon, each Council Member commented as to
his/her priority as described in the presentation.
Following indepth discussion, Council Member Trinkle moved that the
administration be directed to move forward with the engineering renovation of the City
Market Building and surrounding streetscape maximizing the opportunity for federal and
state historic tax credits. The motion was seconded by the Vice-Mayor and Council
Member Cutler and unanimously adopted. Council Member Trinkle also moved that the
Administration move forward with design of the amphitheater. The motion was
seconded by Council Member Cutler and adopted, with Council Member Price voting
no.
Vice-Mayor Lea moved the Administration move forward with the Washington
Park Aquatic Center. The motion was seconded by Council Member Cutler. Following
dialogue of the abovementioned motion, the motion was defeated with Council
Members Mason, Price and Rosen and Mayor Bowers voting no.
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Based on comments regarding the National Guard Armory, motion by Council
Member Cutler and seconded by Council Member Rosen was withdrawn.
With regard to Countryside golf course, Mayor Bowers suggested that the
Council and City staff review proposals submitted for management of Countryside Golf
course during the next 120 days, and the Council agreed to delay a decision concerning
the future of the golf course until said process was completed. Council Member Trinkle
suggested that the $2 million designated for the project be placed in the Parks and
Recreation Master Plan budget in the meantime. Council Member Mason
recommended that the $723,565.00 designated for Parks and Recreation improvements
in 2011 be moved into the spending plan for 2010, given that the decision regarding
renovations of the Washington Park Pool had been delayed.
Council Member Trinkle inquired about future plans for lighting the fields on
Reserve Avenue; whereupon, the City Manager stated that City staff was identifying
what future fields would look like with the removal of the armory, including lighting and
concessions, and would share information with the Council in the fall.
There being no further discussion regarding the Parks and Recreation Master
Plan, the Mayor declared the meeting in recess at 1 :30 p.m., to be reconvened at
2:00 p.m., in the Council Chamber.
At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A.
Bowers presiding.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W.
Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7.
ABSENT: None-D.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; An~ H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Barkley Thompson, Pastor, St.
John's Episcopal Church. . .
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
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ORGANIZATIONAL MEETING:
CITY COUNCIL: The Mayor advised that the first meeting of Council in the
month of July is considered to be the organization meeting at which time the Council will
adopt a resolution establishing the days, times and places of regular meetings to be
held by the Council during the ensuing months; whereupon, Council Member Mason
offered the following resolution.
(#38502-070609) A RESOLUTION establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1, 2009, and terminating June 30, 2010.
(For full text of resolution, see Resolution Book No. 73, page 353.)
Council Member Mason moved the adoption of Resolution No. 38502-070609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGMENT-FINANCE: Mayor Bowers presented the
Government Finance Officers Certificates of Achievement in Financial Reporting to
Harold R. Harless, Retirement Accountant; and Kathryn Fox, Accounting Supervisor.
HEARING OF CITIZENS UPON PUBLIC MA TIERS: 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 immediately for response, recommendation
or report to Council.
GRANTS-COMPLAINTS: LarryT. Black, 5463 Highfield Road, N. W., appeared
before the Council and expressed concern about a historic grant for use in connection
with the City Market Building.
(See copy of remarks on file in the City Clerk's Office.)
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Following remarks, the Mayor stated that the Council had previously voted to
move forward with renovations to the City Market Building; and without objection by the
Council, he referred Mr. Black's remarks to the City Manager for response within 60
days.
The City Manager reported that a report would be provided to the Council in
August or September regarding the proposed renovations to the City Market Building as
well as a presentation from Downtown Roanoke, Inc.
PARKS AND RECREATION: Evelyn Bethel, 35 Patton Avenue, N. E., appeared
before the Council and expressed appreciation for the delay in action regarding the
proposed Washington Park improvements.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion. There will be no separate discussion of the items. If discussion is desired, the
item would be removed from the Consent Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on Monday, March 2,
2009, and Monday March 16, 2009, and recessed meeting of March 16, 2009 held on
Thursday, March 26,2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Cutler moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and' Mayor
Bowers-7.
NAYS: None-D.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: A communication from
the City Manager requesting that a public hearing be scheduled for Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the
sale of City-owned property adjacent to 57 Gilmer Avenue, N. E., was before the body.
(See communication on file in the City Clerk's Office.)
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Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
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AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
CITY PROPERTY-CITY MARKET-LEASE: A communication from the City
Manager requesting that a public hearing be scheduled for Monday, July 20, 2009, at
7:00 p.m., or as soon thereafter as the matter may be heard, to consider renewal for
lease of space in the City Market Building to C. Roger Lamm, III, owner, Tavern On The
Market Restaurant, on a month to month basis, not to exceed 12 months, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
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NAYS: None-D.
TAXES-NORTHWEST CHILD DEVELOPMENT CENTER: A communication
from the City Manager requesting that a public hearing be scheduled for Monday,
July 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
consider a request from Northwest Child Development Center, Inc., a Virginia non-
stock, not for profit foundation, for tax exemption of real property located at 1523
Melrose Avenue, N. W., was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Manager as above described. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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CITY PLANNING COMMISSION: A communication from the City Clerk advising
of the resignation of Richard A. Rife as a member of the City Planning Commission,
effective immediately, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY-ROANOKE ARTS
COMMISSION- MILL MOUNTAIN ADVISORY COMMITTEE-ROANOKE PUBLIC
LIBRARY BOARD-ROANOKE NEIGHBORHOOD ADVOCATES-COURT COMMUNITY
CORRECTIONS PROGRAM, REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-
PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: Reports of
qualification of the following individuals were before the Council:
Robert H. Logan, 1-11, as a non-elected City representative of the Roanoke Valley-
Alleghany Regional Commission for a three-year term ending June 30, 2012;
Lucy H. Lee as a member of the Roanoke Arts Commission for a three-year term
ending June 30, 2012;
Carl H. Kopitzke for a three-year term ending June 30, 2012 and Michael A.
Loveman for a two year term ending June 30, 2011, as members of the Mill
Mountain Advisory Committee;
Wilburn C. Dibling, Jr., as a member of the Roanoke Public Library Board for a
three-year term ending June 30, 2012;
Bobby R. Caudle as a member of the Roanoke Neighborhood Advocates for a
three-year term ending June 30, 2012;
Clifford R. Weckstein as a City representative of the Court Community
Corrections Program, Regional Community- Criminal Justice Board, for a three-
year term ending June 30, 2012;
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Edward C. Bradley as a member of the Personnel and Employment Practices
Commission for a three-year term ending June 30, 2012; and
John P. Bradshaw, Jr., as a City representative to the Board of Directors,
Western Virginia Water Authority, to fill the unexpired term of M. Rupert Cutler for
a term ending June 30, 2010.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Cutler moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
JEFFERSON CENTER: Edwin C. Hall, Chairman, Board of Directors, appeared
before Council and presented the annual report of the Jefferson Center Foundation. He
expressed appreciation to the Council for its support during the past year.
(See copy of the annual report on file in the City Clerk's Office.)
Following complimentary comments by the Member's of Council, the Mayor
advised that the annual report would be received and filed.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
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ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS: The City Manager submitted a written communication
recommending acceptance and appropriation of the Fiscal Year 2010 Urban and
Community Forestry Grants from the Virginia Department of Forestry.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38503-070609) A RESOLUTION authorizing the acceptance of two FY 2010
Urban and Community Forest Grants to fund a part-time Urban Forestry Planner to work
with the City's Urban Forester on Community Outreach in Urban Forestry and with the
City's Urban Forester and Parks and Greenways Planner on Garden City Greenway
Feasibility Study, and authorizing the execution of the necessary documents, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 73, page 354.)
Council Member Mason moved the adoption of Resolution No. 38503-070609.
The motion was seconded by Council Member Trinkle.
Council Member Cutler expressed his appreciation for the reference to the
Garden City Greenway.
There being no additional comments by the Council Members, Resolution No.
38503-070609 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
Council Member Mason offered the following budget ordinance:
(#38504-070609) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Urban and Community Forestry Grants, amending
and reordaining certain sections of the, 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 355.)
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Council Member Mason moved the adoption of Budget Ordinance No. 38504-
070609. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
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AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
BUDGET-GRANTS-HOUSING: The City Manager submitted a written
communication recommending acceptance and appropriation of the 2009-2010
Community Development and Block Grant, HOME Investment Partnerships Program
and Emergency Shelter Grant Program funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38505-070609) A RESOLUTION accepting the Fiscal Year 2009-2010 funds
for the Community Development Block Grant (CDBG), HOME Investment Partnerships I
Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the
City Manager to execute the requisite Grant Agreements with the United States
Department of Housing and Urban Development (HUD).
(For full text of resolution, see Resolution Book No. 73, page 357.)
Council Member Mason moved the adoption of Resolution No. 38505-070609.
The motion was seconded by Council Member Cutler.
Council Member Price inquired about the new Gilmer Project; whereupon, the
City ManageLstated that six subsection units were to be rebuilt on Gilmer Avenue.
There being no additional comments by the Council, Resolution No. 38505-
070609 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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Council Member Cutler offered the following budget ordinance:
(#38506-070609) AN ORDINANCE to appropriate funding from the Department
of Housing and Urban Development (HUD) for the Community Development Block
Grant Program, HOME Investment Partnerships Program and Emergency Shelter Grant
Program, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 357.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38506-
070609. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
BUDGET-EQUIPMENT-POLlCE DEPARTMENT: The City Manager submitted a
written communication recommending acceptance of funding from the United States
Marshals Service District Task Force for the purchase of safety equipment and other
related items to be used by the Police Department.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38507-070609) A RESOLUTION authorizing acceptance of funds awarded the
Roanoke City Police Department by the United States Marshals Service, and
authorizing execution of any and all necessary documents to accept the funds.
(For full text of resolution, see Resolution Book No. 73, page 362.)
Council Member Mason moved the adoption of Resolution No. 38507-070609.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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Council Member Mason offered the following budget ordinance:
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(#38508-070609) AN ORDINANCE to appropriate funding from the United
States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending
and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 362.)
Council Member Mason moved the adoption of Budget Ordinance No. 38508-
070609. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
BUDGET-GRANTS-POLlCE DEPARTMENT: The City Manager submitted a
written communication recommending acceptance of funding for Data Share Grants I
through the Edward Byrne Memorial Grant Program from the Department of Criminal
Justice Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38509-070609) A RESOLUTION authorizing acceptance of Data Share Grants
through the Edward Byrne Memorial Grant Program from the Department of Criminal
Justice Services, and authorizing execution of any required documentation on behalf of
the City.
(For full text of resolution, see Resolution Book No. 73, page 363.)
Council Member Trinkle moved the adoption of Resolution No. 38509-070609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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Council Member Mason offered the following budget ordinance:
(#38510-070609) AN ORDINANCE to appropriate funding from the Federal
government through the Commonwealth of Virginia for the Byrne Memorial Grant
Program, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 364.)
Council Member Mason moved the adoption of Budget Ordinance No. 38510-
070609. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
BUDGET-GREENWAYS-YMCA: The City Manager submitted a written
communication recommending appropriation of Fiscal Year 2009-2010 funds for
YMCA Aquatic Center and Greenway projects.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38511-070609) AN ORDINANCE to appropriate funding from the Economic
and Community Development Reserve for the Greenways Development Projects and
the YMCA Aquatic Center, amending and reordaining certain sections of the 2009-2010
Capital Projects Fund Appropriations and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 365.)
Council Member Mason moved the adoption of Budget Ordinance No. 38511-
070609. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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BUDGET-TRAFFIC: The City Manager submitted a written communication
recommending approval and un-appropriation of funding in connection with the
Riverland Road Improvements Highway Project.
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(For full text, see communication on file in the City Clerk's Office.)
Inasmuch as Mayor Bowers requested additional information regarding the
design features pertaining to the Riverland Road improvements highway project, the
matter was deferred until the July 20 regular meeting of the Council.
ENCROACHMENTS-DOWNTOWN: The City Manager submitted a written
communication recommending approval of an encroachment into the public right-of-
way located at 11 Jefferson Street, S. W.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38512-070609) AN ORDINANCE granting a revocable license to Walters,
LLC, for an encroachment for an architectural element of approximately five (5) feet into
the public right-of-way, approximately twelve (12) feet above the sidewalk on front of the I
property located at 11 Jefferson Street, S. W., and bearing Official Tax No. 1010509,
upon certain terms and conditions; and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 366.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38512-
070609. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
TOURISM: The City Manager submitted a written communication recommending
execution of an agreement with the Roanoke Valley Convention and Visitors Bureau
for the purpose of marketing the Roanoke Valley as a convention and destination
tourism site.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Cutler offered the following resolution:
(#38513-070609) A RESOLUTION authorizing an agreement with the Roanoke
Valley Convention and Visitors Bureau for the purpose of increasing tourism in the
Roanoke Valley.
(For full text of resolution, see Resolution Book No. 73, page 368.)
Council Member Cutler moved the adoption of Resolution No. 38513-070609.
The motion was seconded by Council Member Rosen.
Council Member Cutler inquired about the extent of financial support from owners
and managers of the hotels, restaurants, attractions and other private sector businesses
in the Valley; whereupon, the City Manager advised that the budget for memberships is
approximately $60,000.00 and the City provides almost 70 percent of the total amount,
noting that the other jurisdictions participate, but private membership was a very small
percentage. It was added that in comparison with other communities, the private sector
should support more financially than it currently does.
There being no additional comments and/or questions by the Council Members,
Resolution No. 38513-070609 was adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
COMMENTS BY CITY MANAGER.
POOLS-ECONOMIC DEVELOPMENT: The City Manager stated that she
believes the public is appreciative of the City's swimming pools being reinstated
because attendance numbers had increased. She added that she had the opportunity
to participate in the July 4 "Music for Americans" event held at Rivers' Edge on
Saturday, July 4, which was well attended. She complimented City staff on an
outstanding job on traffic control.
Ms. Burcham pointed out that the success of the Cotton Mill apartment project
indicates, in spite of a downtown in the economy, downtown living is of interest to
individuals; and Council should be pleased that the City has extended the historic
district, which has led to increased numbers of residents living in condos and
apartments.
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The City Manager summarized changes that may be coming in this next fiscal
year due to budget reductions, and she shared a list of services that would be affected.
She also called attention to changes mentioned that were endorsed by the Council on a
one-year basis, hoping for a significant change in the economy so that the City could
reinstate those services next fiscal year.
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CITY ATTORNEY:
CITY CODE-BICYCLES:. The City Attorney submitted a written report
recommending an amendment of the City Code to regulate the riding of bicycles and
similar devices on City Streets.
(For full text, see report on file in the City Clerk's Office.)
Council Member Trinkle offered the following ordinance:
(#38514-070609) AN ORDINANCE amending Section 20-131, Definitions. aQe
of operation, Division 1, Generallv, and Section 20-155, Method of RidinQ, Division 3,
Operation, Article VII, Mopeds. Bicvcles and Electric Power-Assisted Bicvcles.
Chapter 20, Motor Vehicles and Traffic, to add a definition of the term "electric personal
assistive mobility device," to amend the definition of "electric power-assisted bicycle," I
and to conform the provisions of Section 20-155 with changes in state enabling
legislation; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 369.)
Council Member Trinkle moved the adoption of Ordinance No. 38414-070609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the Financial Report
for the month of May 2009. .-
(See the Financial Report on file in the City Clerk's Office.)
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The Director of Finance provided an update on FY 2009-2010 from City/State
projections.
Without objection by the Council, the Mayor advised that the Financial Report for
the month of May 2009 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
ENTERPRISE ZONE: Council at its regular meeting on Monday, June 15, 2009,
having tabled an amendment to the boundaries of Enterprise Zone two and its Subzone
A, Council Member Trinkle moved that the item be removed from the table. The motion
was seconded by Council Member Mason and unanimously adopted.
The City Manager submitted a written communication recommending expansion
of the boundaries of Enterprise Zone Two and its Subzone A, subject to approval by the
Virginia Department of Housing and Community Development (VDHCD) with an
effective date retroactive to a date approved by the VDHCD for the amended
boundaries as set forth in the communication; and authorization to apply to the VDHCD
for approval of the amendments.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution.
(#38515-070609) A RESOLUTION authorizing the proper City officials to make
boundary amendments to the City's Enterprise Zone Two and its Subzone A that will
add certain areas to them; authorizing the City Manager to apply to the Virginia
Department of Housing and Community Development (VDHCD) for approval of such
boundary amendments; and authorizing the City Manager to take such further action as
may be necessary to obtain and implement such boundary amendments.
(For full text of resolution, see Resolution Book No. 73, page 372.)
Council Member Cutler moved the adoption of Resolution No. 38515-070609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle and Mayor
Bowers-7.
NAYS: None-D.
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INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
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MOTION AND MISCELLANEOUS BUSINESS:
SPECIAL EVENTS-GREENW A YS: Council Member Cutler extended an
invitation to the citizens to attend a ceremony at the Lick Run Greenway on 10th Street,
N. W., at 10:00 a.m., on Friday, July 17, adding that the Kiwanis Club of Roanoke had
donated $10,000.00 for signage and a greenway education program for the Lick Run
Greenway to be used for nature trails and interpretive features. He also noted that the
Kiwanis would be donating $10,000.00 to the City over the next two years.
SOCIAL SERVICES: Council Member Price announced the opening of Second
Helpings, a new shop in support of the Rescue Mission, and added that the grand
opening was held on Thursday, July 2. She stated that the facility was officially opened
for business and is located in the Civic Mall on Williamson Road.
At 3:40 p.m., the Mayor declared the Council meeting in recess for continuation
of 9:00 a.m. briefings in the EOC Conference Room, Room 159; and Closed Meetings
in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building.
Council Member Rosen left during the Closed meeting.
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At 5:45 p.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, for continuation of informal briefings, with Mayor Bowers presiding, and all
Members of the Council in attendance, with the exception of Council Member Rosen.
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Price moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6.
NAYS: None-D.
(Council Member Rosen was absent.)
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VIRGINIA MUSEUM
IMPROVEMENTS
OF
TRANSPORT ATION/RAILWALK
PROPOSED
Update information was shared regarding future ideas involving the Virginia
Museum of Transportation and the Railwalk.
(See powerpoint on file in the City Clerk's Office.)
Beverly T. Fitzpatrick, Jr., Executive Director, Virginia Museum of Transportation,
announced that an old cab was being refurbished for display in front of the Museum,
adding that the active piece would encourage patrons to use the railwalk along the
railroad tracks; and requested that the City donate the funds toward the installation.
The City Manager shared information regarding available funding.
Following discussion, it was the consensus of the Council to take official action at
its next regular meeting on Monday, July 20,2009.
10TH STREET IMPROVEMENTS PROJECT UPDATE
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10th Street Improvements
I
E!)] Project Limits
o Fairfax ~Avenue to \X1illiamson Road
[iJ Intersection improvements
o Moorman Road
o Orange ~Avenue
o Gravson Avenue
o Hunt Avenue
o \,\!illiamson Road
ill Greenway improvements at Lick Run
ill Property impacts
o 11 displacements/ relocations
o 194 parcels affected
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10th Street Improvements
. Council Action - Fall 2009
o approve design features
. Right of way acquisition - begins SUlnlner 2010
. Construction - FY2014
. $19.9 Inillion project cost
o i\ pproximately $1,000,000 city funds
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10th Street Improvements
. Council Action - Fall 2009
~
o approve design features
. Right of way acquisition - begins SUlnmer 2010
. Construction - FY2014
. $19.9 Inillion project cost
o I\pproximately $1,000,000 city funds
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Robert K. Bengtson, Director of Public Works, updated the Council on the 10th I
Street improvements project.
Stormwater Utilitv Presentation
Presentation regarding stormwater utility was deferred until the July 20 Council
meeti ng.
There being no further business, the Mayor declared the Council meeting
adjourned at 6:09 p.m.
APPROVED
ATTEST:
~um.~
Stephanie M. Moon, CMC
City Clerk
<;;,)~---
David A. Bowers
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
July 20, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 20,
2009, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, ReQular MeetinQs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, M. Rupert Cutler, and Mayor David A. Bowers-6.
ABSENT: Council Member David B. Trinkle -1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk; and Cecelia 1. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Elder Joyce Boisseau, Guiding Star Church
of God in Christ.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
ANNOUNCEMENTS:
CITY EMPLOYEES-DECEASED PERSONS: The Mayor called for a moment of
silence in remembrance of Kathy Carter, Youth Services Librarian, who passed away
Sunday, July 5, 2009.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following
resolution commending the Virginia Gentlemen Barbershop Harmony Chorus for
winning first place in its AAA chorus category at the recent Southern Division Chorus
Competition in Reston, Virginia:
324
(#38516-072009) A RESOLUTION commending the Virginia Gentlemen I
Barbershop Harmony Chorus.
(For full text of resolution, see Resolution Book No. 73, page 324.)
Council Member Cutler moved the adoption of Resolution No. 38516-072009.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
ACTS OF ACKNOWLEDGEMENT: The Mayor presented Honorary Citizenship
Certificates and City "logo" pens to the Legacy International Indonesian students visiting
the City as part of the Legacy International Indonesian Youth Leadership Program.
(For detailed information, see document on file in the City Clerk's Office.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I
City Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, recommendation
or report to Council.
COMPLAINTS: Robert Gravely appeared before the Council and spoke about
poverty in the City.
SCHOOLS: Helen E. Davis appeared before the Council and spoke about the
number of school closing in the northwest section of the City.
DOWNTOWN ROANOKE-CITY MARKET: Ben Motley, President, Board of
Directors, Downtown Roanoke, Inc., appeared before the Council to commend the
Council on its support of the City Market Building.
CITY MARKET: Joyce Waugh, Executive Director, Roanoke Regional Chamber
of Commerce, appeared before the Council and expressed appreciation for support of
the City Market Building and proposed amphitheater in Elmwood Park.
DOWNTOWN ROANOKE-CITY MARKET BUILDING: Douglas Waters, Interim
President, Downtown Roanoke, Inc., appeared before the Council and expressed
appreciation to the Council for its strong support of an amphitheater in downtown I
Roanoke.
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PARKS AND RECREATIONS: Evelyn Bethel appeared before the Council and
requested the release of certain documents from meetings held by the Washington Park
Committee which was established by the City Manager regarding improvements in
Washington Park; and further requested a delay in approval of certain amenities until all
facts were known.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meeting of Council held on Monday, March 26,
2009; continued recessed meeting of Council held on Saturday, April 4, 2009; regular
meetings of Council held on Monday, April 6, 2009, and Monday, April 20, 2009; and
the April 20, 2009 recessed meeting held on April 30, 2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Rosen moved that Council dispense with the reading of the
minutes and approve as recorded. The motion was seconded by Council Member
Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
CITY COUNCIL-COMMITTEES: 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, was before the body.
(See communication on file in the City Clerk's Office.)
326
Council Member Rosen moved that Council concur in the request of the Mayor to I
convene in Closed Meeting as above described. The motion was seconded by Council
Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
ANNUAL REPORTS-ECONOMIC DEVELOPMENT: The 2008 Annual Report of
the Economic Development Authority, was before the Council.
(See Annual Report on file in the City Clerk's Office.)
Council Member Rosen moved that the Annual Report be received and filed. The
motion was seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
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(Council Member Trinkle was absent.)
OATHS OF OFFICE-ROANOKE ARTS COMMISSION-PENSION PLAN-
SCHOOL BOARD: Reports of qualification of the following individuals were before the
Council:
Sandra K. Brunk as a member of the Roanoke Arts Commission for a term
of three years ending June 30, 2012;
George F. Taylor as a member of the Board of Trustees, City of Roanoke
Pension Plan, for a term of four years ending June 30, 2013; and
Jason E. Bingham, Mae G. Huff, and Todd A. Putney as Trustees of the
Roanoke City School Board for terms of three years, each, commencing
July 1, 2009 and ending June 30, 2012.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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Council Member Rosen moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS:
STORMWATER UTILlTY-CARVINS COVE CONSERVATION
EASEMENT: The Mayor advised that briefings regarding stormwater utility and
status of Carvins Cove Conservation Easement would be held immediately
following the 2:00 p.m. session of Council in the EOC Conference Room, Room
159.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-PLANNING: The City Manager submitted a written
communication recommending acceptance and appropriation of the Certified Local
Government Grant funds from the Virginia Department of Historic Resources.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38519-072009) A RESOLUTION authorizing the acceptance of a Certified
Local Government Grant from the Virginia Department of Historic Resources and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 378.)
328
Council Member Mason moved the adoption of Resolution No. 38519-072009. I
The motion was seconded by Council Member Price and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Mason offered the following budget ordinance:
(#38520-072009) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia Department of Historic Resources for a Certified Local
Government Grant, amending and reordaining certain sections of the 2009-2010 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 379.)
Council Member Mason moved the adoption of Budget Ordinance No. 38520-
072009. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
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NAYS: None-D.
(Council Member Trinkle was absent.)
INSURANCE-GRANTS-FIRE: The City Manager submitted a written
communication recommending acceptance and appropriation of grant funds from the
Fireman's fund Insurance Company.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38521-072009) A RESOLUTION authorizing acceptance of a Fireman's Fund
Insurance Company grant to the City of Roanoke, and authorizing execution of any
required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 380.)
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Council Member Mason moved the adoption of Resolution No. 38521-072009.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Mason offered the following budget ordinance:
(#38522-072009) AN ORDINANCE to appropriate funding from the Fireman's
Fund Heritage Program for fire prevention and fire safety programs, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 381.)
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Council Member Mason moved the adoption of Budget Ordinance No. 38522-
072009. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
POLlCE-BUDGET-GRANTS: The City Manager submitted a written
communication recommending acceptance and appropriation of the American Recovery
and Investment Act of 2009 Grant funds through Edward Byrne Memorial Justice
Assistance Grant (JAG) Program administered by the Bureau of Justice Assistance,
Office of Justice Program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following resolution:
(#38523-072009) A RESOLUTION authorizing acceptance of an Edward Byrne
Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and
authorizing execution of any required documentation on behalf of the City.
I (For full text of resolution, see Resolution Book No. 73. page 382.)
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Council Member Rosen moved the adoption of Resolution No. 38523-072009. I
The motion was seconded by Council Member Mason.
Council Member Mason spoke about the slowness of the stimulus funds getting
to the communities; and asked the City manager to respond as to how the funds were to
be used. Ms. Burcham noted that the City had received its second allocation of funding,
but localities must apply for the set-aside funds; and information as to how stimulus
dollars were to be used wa$ posted on the City's web-site.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38523-072009.
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
Council Member Rosen offered the following budget ordinance:
(#38524-072009) AN ORDINANCE to appropriate funding from the Federal I
government for the Byrne Memorial Justice Assistance Grant to provide funding for
bicycle patrol operations, curfew center personnel, a Crime Analyst position, DARE
Camp, and electronic technology, amending and reordaining certain sections of the
2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 383.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38524-
072009. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
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YOUTH-BUDGET-GRANTS: The City Manager submitted a written
communication recommending acceptance and appropriation of the Summer Food
Program Grant funds from the United States Department of Agriculture, Food and
Nutrition Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38525-072009) A RESOLUTION authorizing the acceptance of a Summer
Food Program Grant from the United States Department of Agriculture, Food and
Nutrition Service, and authorizing execution of any required documentation on behalf of
the City.
(For full text of resolution, see Resolution Book No. 73, page 384.)
Council Member Cutler moved the adoption of Resolution No. 38525-072009.
The motion was seconded by Council Member Mason and adopted.
Council Member Cutler asked for details regard the operation of the lunch
program; whereupon, the City Manager explained that the program was operated
through the Parks and Recreation recreational centers, summer camp sites; and other
auxiliary locations.
With regard to the timing of grant funds, Council Member Mason inquired as to
the nutritional needs of children and youth during the summer months prior to receiving
the funding; whereupon, Ms. Burcham remarked that the program commences from
mid-June through early August in anticipation of incoming funds.
Council Member Price spoke about the viable services that the nutrition program
provides and applauded City staff on its implementation of a valuable program.
Council Member Cutler also expressed sincere appreciation to Senator Mark
Warner and the congressional delegation.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38525-072009.
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
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Council Member Cutler offered the following budget ordinance:
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(#38526-072009) AN ORDINANCE to appropriate funding from the Federal
government for the Summer Food Program, amending and reordaining certain sections
of the 2009-2010 General and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 385.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38526-
072009. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
EMERGENCY SERVICES-GRANTS-POLlCE: The City Manager submitted a
written communication recommending acceptance and appropriation of grant funds from I
the Office of Emergency Medical Services and the Department of Homeland Security.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38527-072009) A RESOLUTION accepting the Department of Homeland
Security grant to the City from the Office of Emergency Medical Services (OEMS) and
the Department of Homeland Security (DHS), and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 386.)
Council Member Mason moved the adoption of Resolution No. 38527-072009.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
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Council Member Mason offered the following budget ordinance:
(#38528-072009) AN ORDINANCE to appropriate funding from the Department
of Homeland Security through the Commonwealth of Virginia Department of Emergency
Management for the State Homeland Security Program Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 387.)
Council Member Mason moved the adoption of Budget Ordinance No. 38528-
072009. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
EMERGENCY SERVICES-HUMAN SERVICES: The City Manager submitted a
written communication recommending acceptance and appropriation of the Rescue
Squad Assistance Fund Grant from the Virginia Department of Health and the Office of
Emergency Medical Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38529-072009) A RESOLUTION accepting the Rescue Squad Assistance
Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of
Emergency Medical Services, and authorizing execution of any required documentation
on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 388.)
334
Council Member Cutler moved the adoption of Resolution No. 38529-072009. I
The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-,6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Cutler offered the following budget ordinance:
(#38530-072009) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant,
amending and reordaining certain sections of the 2009-2010 Grant and Fleet
Management Funds Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 389.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38530- I
072009. The motion was seconded by Vice-Mayor Lea.
Council Member Cutler commented about the new ambulance being housed in
the Crystal Spring area. The City Manager noted that the service will also improve on a
City-wide basis.
There being no additional comments by the Council Members, Budget Ordinance
No. 38530-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Mason was not present when the vote was recorded.) (Council
Member Trinkle was absent.)
GRANTS-BUDGET-ARTS: The City Manager submitted a written
communication recommending acceptance and appropriation of the Local Government
challenge Grant funds from the Commonwealth of Virginia Commission for the Arts.
(For full text, see communication on file in the City Clerk's Office.)
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Vice-Mayor Lea offered the following resolution:
(#38531-072009) A RESOLUTION accepting a Local Government Challenge
grant to the City from the Virginia Commission for the Arts, and authorizing execution of
any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 390.)
Vice-Mayor Lea moved the adoption of Resolution No. 38531-072009. The
motion was seconded by Council Member Price and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Rosen was not present when the vote was recorded.) (Council
Member Trinkle was absent.)
Vice-Mayor Lea offered the following budget ordinance:
(#38532-072009) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Local Government Challenge Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 391.)
Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38532-072009.
The motion was seconded by Council Member Cutler.
Council Member Cutler commented about the funding for the Arts Council to
support their arts and cultural programming activities.
There being no additional comments by the Council Members, Budget Ordinance
No. 38532-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
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GRANTS-SCHOOLS: The City Manager submitted a written communication I
recommending acceptance and appropriation of the Safe Route to School Grant funds
from the Virginia Department of Transportation.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38533-072009) A RESOLUTION authorizing the acceptance of a Virginia
Department of Transportation Safe Routes to School (SRTS) Project Grant from the
Virginia Department of Transportation (VDOT); and authorizing execution of any
required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 392.)
Council Member Cutler moved the adoption of Resolution No. 38533-072009.
. The motion was seconded by Council Member Price.
Council Member Cutler asked about the grant for the Addison/Lincoln Terrace
walkways; whereupon, the City Manager responded that the new grant would provide a
schedule for improvements. .
There being no additional comments by the Council Members, Resolution No.
38533-072009 was adopted by the following vote:
I
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Cutler offered the following budget ordinance:
(#38534-072009) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia Department of Transportation for the Safe Routes to School
Program, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 393.)
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Council Member Cutler moved the adoption of Budget Ordinance No. 38534-
072009. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
HUMAN SERVICES: The City Manager submitted a written communication
recommending adoption of a resolution permitting the City of Roanoke to participate in a
Roanoke Valley Regional Family Violence Fatality Review Team.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following resolution:
(#38535-072009) A RESOLUTION authorizing the City's participation in a
Regional Family Violence Fatality Review Team.
I (For full text of resolution, see Resolution Book No. 73, page 394.)
Vice-Mayor Lea moved the adoption of Resolution No. 38535-072009. The
motion was seconded by Council Member Price.
Vice-Mayor Lea commented on the work provided by the Domestic Violence
Task Force and expressed his appreciation for its continued efforts.
Council Member Price concurred in the remarks of Vice-Mayor Lea and
encouraged the Administration to make certain that domestic violence stays in the
awareness mode.
There being no additional comments by the Council Members, Resolution No.
38535-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
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CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written I
communication recommending approval of the Capital Improvement Program for Fiscal
Year 2010-2014; and appropriation and transfer of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38536-072009) A RESOLUTION endorsing the update to the Capital
Improvement Program submitted by the City Manager by letter of July 20,2009.
(For full text of resolution, see Resolution Book No. 73, page 395.)
Council Member Cutler moved the adoption of Resolution No. 38536-072009.
The motion was seconded by Vice-Mayor Lea.
Council Member Mason pointed out that the Council had spent time reviewing
the Capital Improvement Program and list of projects being recommended by the
Administration; and asked that the City Manager review what it means for a City to incur
debt and why it should incur $15.0 million worth of debt issuance; whereupon, Ms.
Burcham explained that the City is responsible for creating jobs in the community,
adding as a part of government's role to ensure some capital funding, some
construction projects are ongoing even in during these economic tough times; and I
during a recession, it is the best time to do many projects because the best bids by
comparison to other times can be received.
The City Manager pointed out that the capital improvement budget is largely
funded through the issuance of bonds that is repaid on an annual basis, generally over
a 20 year period; whereby there are some cash monies included in said appropriation or
approval as asked for today. She indicated that generally projects listed in the capital
budget are of a significant financial expense that has a long shelf life, understood to be
at least 20, if not 30 to 50 years old, in terms of their viability to a community.
Council Mason expressed concern about the City's capability of maintaining what
it has and planning large projects that are going to require debt financing, taxpayer
money every year just to cover the money that the City has borrowed that might perform
at a deficit is fairly unappealing.
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Council Member Cutler inquired about the choice of three different alternatives
regarding the Washington Park Pool - (1) leaving the pool as is; (2) decent
improvement; (3) a substantial increase - $2.15 million - to make it city-wide appeal. He
is a strong supporter of a downtown amphitheater, thinks it is also an opportunity to
address concurrently, at the same time, its relationship to the Main Library and the rest
of Elmwood Park. With respect to the Washington Park Pool and the
Amphitheater/library/Elmwood Park, he inquired about funding for the two projects as
they relate to the adoption of the measure; whereupon, the City Manager pointed out
that the recommendation does not separate or provide any funding for Washington Park
as a specific item, emphasizing that the City has aggregated funds under the title of
Parks and Recreation Master Plan, with the understanding that any of those funds that
are in that category would have to be approved by the Council for a specific project or
projects in the future. She remarked that funding for Countryside as well as Washington
Park had been left in a very generic category that only the Council would be able to
spend, upon appropriation of ordinance, for a specific project.
The City Manager added that there was still an outstanding decision as it relates
to the Main Library, whether the library should remain on that site, be moved within the
site or be moved off of the site completely.
Following ensued discussion, the City Manager requested permission to begin
spending the cash in the Parks and Recreation Master Plan budget, which was a
previously approved item, in order that City staff might begin to move forward with the
design of the Market Building as well as have funds in hand upon receipt of the bill by
the Federal Government as it relates to the Flood Reduction Project.
Council Member Rosen commented about the additional new fees in connection
with storm water regulations in the City. He expressed being uncomfortable with
spending money for an amphitheater given the amount of projects needing funding; and
therefore he offered an amended motion to eliminate the amphitheater from the Capital
Improvement Plan for 2010 and 2013. The motion was seconded by Council Member
Mason.
The Director of Finance addressed the subsidies alluded to by Council Member
Rosen in reference to the subsidizing at the Civic Center each year as well as projection
of subsidies to the amphitheater.
Indepth comments by the Council regarding action on the amended motion in the
absence of Council Member Trinkle inasmuch as he is a strong supporter of the design
of an amphitheater.
340
There being no further discussion, the amended motion offered by Council I
Member Rosen for the inclusion of the wording for the elimination of the amphitheater
project, seconded by Council Member Mason was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, and Rosen-4.
NAYS: Council Member Cutler and Mayor Bowers-2.
(Council Member Trinkle was absent.)
There being no additional questions and/or comments by the Council Members,
Resolution No. 38536-072009, as amended, was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen and Cutler-4.
NAYS: Council Members Mason and Mayor Bowers-2.
(Council Member Trinkle was absent.)
Council Member Cutler offered the following budget ordinance:
(#38537-072009) AN ORDINANCE to appropriate funding for the FY 2010-2014
Update to the Capital Improvement Program, amending and reordaining certain I
sections of the 2009-2010 Capital Projects, Market Building and Grant Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 396.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38537-
072009. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: Council Member Mason-1.
(Council Member Trinkle was absent.)
GRANTS-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The
City Manager submitted a written communication recommending appropriation of the
Juvenile Justice and Delinquency Prevention Grant Program funds from the Department
of Criminal Justice Services. '
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Rosen offered the following resolution:
(#38538-072009) A RESOLUTION accepting the Juvenile Justice Delinquency
Prevention grant made to the City in collaboration with Family Services of the Roanoke
Valley, from the Department of Criminal Justice Services, and authorizing execution of
any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 398.)
Council Member Rosen moved the adoption of Resolution No. 38538-072009.
The motion was seconded by Council Member Price and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Rosen offered the following budget ordinance:
I
(#38539-072009) AN ORDINANCE to appropriate funding from the Federal
government through the Commonwealth of Virginia for the Juvenile Justice and
Delinquency Across Ages Program, amending and reordaining certain sections of the
2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 399.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38539-
072009. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Lea, Mason, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.) (Council Member
Trinkle was absent.)
BUDGET-BRIDGES: The City Manager submitted a written communication
recommending transfer of funds in connection with the Franklin Road Bridge
Rehabilitation Project.
I (For full text, see communication on file in the City Clerk's Office.)
342
Council Member Mason offered the following budget ordinance:
(#38540-072009) AN ORDINANCE to appropriate funding from various Capital
Project accounts to the Franklin Road Bridge Repair Project, amending and reordaining
certain sections of the 2010-2011 Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 399.)
Council Member Mason moved the adoption of Budget Ordinance No. 38540-
072009. The motion was seconded by Vice-Mayor Lea.
In response to inquiry regarding transfer of funds from the Crestmoor
Road/Barnhart Branch Bridge renovation account, the City Manager remarked that
funds were no longer needed.
There being no additional questions and/or comments by the Council Members,
Budget Ordinance No. 38540-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.) (Council Member
Trinkle was absent.)
GREENWAYS-HIGHWAYS-BRIDGES: The City Manager submitted a written
communication recommending transfer of Virginia Department of Transportation unused
enhancement funds from the Hotel Dumas and Lick Run Greenway projects to the
Roanoke River Greenway-Tinker Creek Pedestrian Bridge project.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager requested that the matter be tabled until a future date.
Council Member Rosen moved that the Council concur in the request of the City
Manager. The motion was seconded by Vice-Mayor Lea and unanimously adopted.
GREENWAYS-HIGHWAYS-BUDGET: The City Manager submitted a written
communication recommending amendment to the Roanoke River Greenway Project
Agreement with the Virginia Department of Transportation.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Cutler offered the following resolution:
(#38541-072009) A RESOLUTION authorizing the acceptance of additional
Virginia Department of Transportation (VDOT) Enhancement Grant funding, which
funding is provided by the American Recovery and Reinvestment Act of 2009 (ARRA),
for the Roanoke River Greenway Project; authorizing the City Manager to execute
Appendix A to the Roanoke River Greenway Project Agreement with VDOT; and
authorizing the City Manager to provide any additional information, execute any
necessary additional documents, and to take any necessary actions to obtain, accept,
receive, implement, use, and administer the above mentioned additional Enhancement
Grant funds.
(For full text of resolution, see Resolution Book No. 73, page 400.)
Council Member Cutler moved the adoption of Resolution No. 38541-072009.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Cutler, and Mayor Bowers-5.
NAYS: None-O.
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(Council Member Rosen was not present when the vote was recorded.) (Council
Member Trinkle was absent.)
Council Member Cutler offered the following budget ordinance:
(#38542-072009) AN ORDINANCE to appropriate American Recovery and
Reinvestment Act (ARRA) funding from the Federal government through the Virginia
Department of Transportation, for the extension of the Roanoke River Greenway,
amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 401.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38542-
072009. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
I (Council Member Trinkle was absent.)
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RECREATION-YOUTH: The City Manager submitted a written communication I
recommending the execution of a Memorandum of Agreement between the City of
Roanoke and Roanoke County for shared use of land owned by the United States
Veteran's Administration.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38543-072009) AN ORDINANCE authorizing the City Manager to enter into an
Agreement between the City of Roanoke and Roanoke County pertaining to shared use
and maintenance of open recreational land located on property on which the Veterans'
Administration Medical Center is located; and dispensing with the second reading of this
ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 402.)
Council Member Rosen moved the adoption of Ordinance No. 38543-072009.
The motion was seconded by Vice-Mayor Lea.
Council Member Cutler commented on the efforts of the entities for recreational I
purposes as well as regional cooperation.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38543-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
CITY MARKET-LEASES: The City Manager submitted a written communication
recommending execution of additional amendments of the City's contract with
Cunningham +Quill Architects, PLLC, in connection with the City Market Building design
services.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Cutler offered the following resolution:
(#38544-072009) A RESOLUTION authorizing the City Manager's issuance and
execution of additional Amendments to the City's Contract with Cunningham + Quill
Architects, PLLC, in an amount up to $700,000.00 for additional architectural and
engineering (AlE) services for the renovation of the City Market Building; and
authorizing the City Manager to take such actions and execute such documents as may
be necessary to provide for the implementation, administration, and enforcement of all
such Amendments to the above mentioned Contract, as well as the Contract itself.
(For full text of resolution, see Resolution Book No. 73, page 403.)
Council Member Cutler moved the adoption of Resolution No. 38544-072009.
The motion was seconded by Council Member Mason.
In response to inquiry as whether activities under consideration had been bid in
order to compare with other architecture and engineering services as far as cost, the
City Manager responded that the additional activities were not competitively bid for
subcontractors. The Assistant City Manager for Operations pointed out that the
architectural and engineering services were based on qualifications, not bidding. The
City Manager added that the $499,000.00 cost in question was a negotiated price, down
from the original request.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38544-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
COMMENTS BY CITY MANAG ER:
GRANTS-SCHOOLS: The City Manager highlighted the fact that 9 of the 16
items which were recommended for action by the Council were for accepting grant,
funds, and she congratulated staff for their efforts in obtaining said funds, which
demonstrates that the City does not have to rely solely on public dollars.
In response to an earlier comment from Helen Davis regarding elimination of
elementary schools in northwest, Ms. Burcham stated that there were at least four
elementary schools in the northwest section of City, including Roanoke Academy for
Math and Science (RAMS), the first new elementary school in the City in 25 years.
346
Revisiting one of Council Member Cutler's questions about the Safe Routes to I
School, the City Manager reported that the bid should go out soon and construction
should start in the fall. She also noted that the ambulance placed in service at Fire
Station 8 in the Crystal Spring area is a reserved vehicle and the grant funds will enable
a new replacement to be purchased.
BONDS-SCHOOLS: The Director of Finance submitted a written report
recommending authorization for application of Qualified Zone Academy Bonds (QZAB)
for roofing projects at Fallon Park Elementary School, Round Hill Primary School,
Morningside Elementary School and Wasena Elementary School.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38545-072009) A RESOLUTION (i) authorizing the School Board for the City of
Roanoke to repair, rehabilitate or equip Fallon Park Elementary School, Round Hill
Montessori Primary School, Morningside Elementary School and Wasena Elementary
School (the "Repairs"); and (ii) authorizing the filing of an application with the Virginia
Department of Education seeking an allocation of authority to issue the City's general
obligation qualified zone academy bonds in an amount not to exceed $1,530,882.00 to I
finance a portion of the Repairs.
(For full text of resolution, see Resolution Book No. 73, page 404.)
Council Member Mason moved the adoption of Resolution No. 38545-072009.
The motion was seconded by Council Member Price and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
STREETS-HIGHW A YS: Council at its regular meeting on Monday, July 6, 2009,
having tabled approval of the Riverland Road improvements, Council Member Cutler
moved that the item be removed from the table. The motion was seconded by Council
Member Rosen and adopted.
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The City Manager submitted a written communication recommending approval of
major design features in connection with the Riverland Road improvements.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38546-072009) A RESOLUTION approving the location and major design
features of the Riverland Road Improvements highway project in the City of Roanoke
and requesting the Virginia Department of Transportation to begin right-of-way
acquisition.
(For full text of resolution, see Resolution Book No. 73, page 406.)
Council Member Cutler moved the adoption of Resolution No. 38546-072009.
The motion was seconded by Council Member Rosen.
Council Member Mason inquired about the two public hearings held regarding
the Riverland Road improvements; whereupon, the Assistant City Manager for
Operations responded that the meetings were open-house style, such that the
Department of Transportation never heard all citizen input at one time.
The City Manager added that the meetings were for gathering feedback, that
attendance was good, and the community was well-aware of the improvement plans.
Council Member Mason also asked if such awareness meant that the community
was also supportive of the plans; whereupon, the City Manager responded that the only
concern she had heard was regarding elimination of the traffic signal at the shopping
center, and the Department of Transportation was working with the property owner on
the most accommodating solution.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38546-072009 was adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Cutler, and Vice-Mayor Lea-5.
NAYS: Mayor Bowers-1.
(Council Member Trinkle was absent.)
348
Council Member Cutler offered the following budget ordinance:
(#38547-072009) AN ORDINANCE to un-appropriate funding from State Grant
Funds for the Riverland Road, Bennington Street and Mount Pleasant Boulevard
Project, amending and reordaining certain sections of the 2009-2010 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 407.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38547-
072009. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Cutler and Vice-Mayor Lea-5.
NAYS: Mayor Bowers-1.
(Council Member Trinkle was absent.)
INTRODUCTION AND CONSIDERATION OR ORDINANCES AND
RESOLUTIONS: NONE.
MOTION AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SIDEWALKS, CURB AND GUTTERS: Council Member Mason asked the City
Manager to explain the recruitment process for developers to provide
curb/gutter/sidewalk and wondered whether the process could put a damper on new
development. The Assistant City Manager for Operations explained that for many years
the City did not require a recruitment process for developers, which had created a
backlog of work; the recruitment process was implemented as part of the new Zoning
Ordinance that was adopted in December 2005, along with the new Subdivision
Ordinance that was adopted in 2006; and a grayer area is re-development, which is
recommended to be considered on a case-by-case basis.
Council Member Rosen commented that developers were likely to pass along
said infrastructure costs to home buyers.
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The Assistant City Manager for Operations explained that there were some
provisions for waivers, but that it was important to be consistent in their application; and
that, overall, the City needed to do the best it could to comply with the requirements
outlined in the Comprehensive Plan.
At 4:45 p.m., the Mayor declared the Council Meeting in recess to be reconvened
in the EOC Conference Room, Room 159, for a briefing on Stormwater Utility and an
update on the Carvins Cove conservation easement.
At 5:05 p.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, with Mayor Bowers presiding and all Members of Council in attendance, with
the exception of Vice-Mayor Lea and Council Member Trinkle.
STORMWATER UTILITY
Joseph Johnson-Koroma, Civil Engineer I, highlighted the following presentation.
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o All properties contribute runoff and pollutants
o Fees are assessed in proportion to a property's contribution to
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o Municipal Separate Storm Sewer System (MS4) is regulated for
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o Operate and maintain storm
water systems
o Program Administration <;;
o Real Property for capital '
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o ~,IJ~J--neering design
o Construction costs
o Monitoring of control devices
o Pollution control and
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o Maintenance of storm water
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o Capital Improvements - $60+ million, approximately
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o Maintenance and r~R<:lir of aging infrastructure
o Storm water quality regulatory requirements for MS4
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o qash funded program based on collected revenue
o Capacity to implem~nt $3.0 million in new projects
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o Build a maintenance reserve (5%)
o Offer incentives and/or credits for those willing to go
Fc~bey6nd regulatory requirements or retrofit existing
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IProlPosedllPro~ecfts
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o Projects have been identified for the first three years
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- Neighborhood Projects
- Average project va[ue'$1 05,000
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Sihlove~ Ready IPro~ec~s
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o Camille Avenue-Moomaw Avenue
o Westside Boulevat8"
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o King Street and Belle Avenue
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o $3.00 per month Equivalent Residential Unit (ERU)
for residential properties
o Commercial properti~s will be assessed on the
measured impervi6G~ surface
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o $3.00 per month per 1,942 square feet of impervious
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o_E~timated annual revenue $3.6 million
o 1/3 residential, 2/3 commercial
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Loea hty NPDES Single-Family Residential CommercIal Storm water Total Annual
Phase I I Stormwater Fee Fee Revenue
Phase] [ (per month) (per month) Generated
, Phase I $8.08 Non-Resldential- $10.6 million
City of
Norfolk, VA $8.08/2000 ft2 of
Impervious area/day
City of Virginia Phase I $6.05-<~ $6.05 per 2,269 sq. ft. of $15.0 million
Beach, VA <: ."'- Impervious area
City of Portsmouth, Phase I $6,00, V' $6.00 per 1,877 sq. ft. of $4.6 million
VA Impervious area
City of Newport Phase I $5.10 $5.10 per 1,777 sq. ft. of $8.5 million
News, VA Impervious area
City of. HamptOn,'" Phase I $4.60 . $4.60 per 2,429 sq. ft. of $4.8 million
VA'~ .....,..? impervious area
City of Chesapeake, Phase I $6,83 $6.83 per 2,112 sq. ft. of $6.2 million
VA Impervious area
HRPDC/City of Phase I $5.24 $5.24 per 3,200 sq. ft. of $3.5 million
Suffolk Impervious area
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All prqperties pay the fee
Exemptions
Follow the state ~ojefor required exemptions, generally
public streets and City"property
Vacant unimproved pf~perties
"self contained" drainage systems
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Proposed S~orm Wal~er U~m~y
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o Credits and Incentives
- Development ,,-,:_
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- Existing Properties, -::.~
o Storm water management facilities that exceed
minimum requirements
o~eredits must be proportional to the permanent
reduction in runoff and pollutant loading
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o Billing
- Use current city billing:'systems
- Property owner is responsible for the fee
-Frequency of billing (monthly, quarterly, semi annual)
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359
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Schedule Milestones
o Authorize formal development of
Storm Water Utility
o Verify utility rates and revenues
. Development Credits and'lnb~ntives
. Public Education and InformatiSii
o Interim City Council Progress Briefing
Authorize public hearings
o ,,_Hold'Public Hearings
. Adopt Storm Water Utility Ordinance
., Begin Project Construction
July 6,2009
July - October 2009
July - August 2009
Sept - November 2009
November 2, 2009
December 2009
January 4, 2010
151 Quarter 2010
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Discussion:
In response to inquiry, Mr. Schirmer explained that Mill Mountain would be
exempt from the Storm Water Utility and all homes on Mill Mountain that are on City
property.
Mr. Schirmer advised that feedback was desired from the Council as to the
frequency of the storm water utility.
The City Manager explained that only 1/3 revenue will come from the residential
properties and the frequency needed to be different from the real estate annual billings.
Council Member Cutler suggested the billing be in conjunction with the Western
Virginia Water Authority; who is open to it to the idea.
The Director of Finance reminded the Council that charges may be incurred with
a monthly billing.
Council Member Rosen inquired what the monthly costs would be for commercial
properties, for example, Valley View Mall or Carilion; whereupon, Mr. Schirmer replied
that he would get a guesstimate and get back with him.
Mr. Schirmer reviewed the scheduled milestones and advised that staff would be
speaking to neighborhood groups in early September to come back to Council in
November with a progress report; public hearings to be scheduled for December 2009
and a possible ordinance adoption in January 2010.
360
In response to Council Member Rosen's inquiry, Mr. Schirmer advised that I
$4,200.00 per month would be a good guesstimate of the cost expected for a
commercial business the size of Valley View Mall.
Council Member Rosen commented that the amount was large and to keep in
mind the fairness of sending businesses a new bill.
Mayor Bowers inquired if churches were exempt from the fee; whereupon, the
City Attorney advised that churches would have to pay the fee for their impervious
surfaces.
Mr. Schirmer advised that incentives and credits for best practices can reduce
the fee significantly.
The City Manager advised that if the Council chose to go forward with the utility
fee, staff would be looking for incentives for things like green roofs, etc.
Council Member Cutler moved to take the first step in favor of the scheduled
milestones. The motion was seconded by Council Member Mason.
Council Member Rosen asked if the motion formalizes proceeding with the
actions on the list of scheduled milestones; whereupon, Mr. Schirmer replied in the I
affirmative.
The City Manager explained that if Council does not approve of the $3.00 fee,
feedback is needed because staff will speak on that at the scheduled meetings.
Council Member Cutler inquired if information could be pulled on the tidewater
cities before and after real estate growth with regard to the fee.
The Director of Finance replied that the information could be pulled.
The City Manager advised to be careful not to use examples that people cannot
relate to and how people view the tidewater area surrounded by water is different than
communities surrounded by mountains.
Council Member Rosen commented that households that may not have to pay
the fee should be explored; whereupon, the City Manager advised that no one is
exempt from the fee.
The Mayor commented that he was in favor of the motion, but not sure on the
timing of the ordinance adoption in January 2010.
There being no further discussion, the motion was unanimously adopted.
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361
CARVINS COVE EASEMENT
The Assistant City Manager for Community Development advised that staff has
met with The Western Virginia Land Trust and the Virginia Outdoors Foundation
regarding the second part of the Carvins Cove easement. He noted that there was
consensus among the parties and the easement follows the same format as the first.
He pointed out that the request for public hearing will be placed on the August 3,
2009 consent agenda and the public hearing is scheduled for August 17. Governor Tim
Kaine will be in town on September 13 for a dedication of the easement.
At 6:05 p.m. the Mayor declared the Council meeting in recess for a Closed
Meeting.
At 6:13 p.m., the Council meeting reconvened in Room 159, with Mayor Bowers
presiding, and all Members of Council in attendance, with the exception Vice-Mayor Lea
and Council Member Trinkle.
COUNCIL: With the respect to the Closed Meeting just concluded, Council '
Member Price moved that each Member of City Council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Trinkle and Vice-Mayor Lea were absent.)
OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor called
attention to a vacancy on the Roanoke Arts Commission created by the resignation of
Kris Pedelty for a term ending June 30, 2010; whereupon, he opened the floor for
nominations.
Council Member Cutler placed in nomination the name of Thomas L. McKeon.
There being no further nominations Mr McKeon was appointed as a member of
the Roanoke Arts Commission to fill the unexpired term of Kris Pedelty ending June 30,
2010, by the following vote:
362
FOR MR. MCKEON: Council Members Mason, Price, Rosen, Cutler, and Mayor I
Bowers-5.
(Council Member Trinkle and Vice-Mayor Lea were absent.)
OATH OF OFFICE-LIBRARIES: The Mayor called attention to a vacancy called
attention a vacancy on the Roanoke Public Library Board created by the expiration of
term of office of Carlos H. Brunal on June 30, 2009; whereupon, he opened the floor for
nominations.
Council Member Cutler placed in nomination the name of Marlene M. Preston.
There being no further nominations. Ms. Preston was appointed as a member of
the Roanoke Public Library Board for a term ending June 30, 2012, by the following
vote:
FOR MS. PRESTON: Council Members Mason, Price, Rosen, Cutler, and Mayor
Bowers-5.
(Council Member Trinkle and Vice-Mayor Lea were absent.)
CITY PLANNING COMMISSION: The City Clerk was instructed to advertise the
vacancy on the City Planning Commission created by the resignation of Richard Rife for I
a term ending December 31,2012.
At 6:15 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 7:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W.
At 7:00 p.m., the Council meeting was called to order in the Council Chamber,
Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, M. Rupert Cutler, and Mayor David A. Bowers-6.
ABSENT: Council Member David B. Trinkle-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
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363
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSON-CITY COUNCIL:
Council Member Cutler offered the following resolution memorializing tribute to the
former Vice-Mayor and Council Member David Lisk:
(#38517-072009) A RESOLUTION memorializing the late David Kenneth Lisk,
member of Roanoke City Council from 1966 to 1976 and Vice-Mayor from 1972 to
1974.
(For full text of resolution, see Resolution Book No. 73, page 375.)
Council Member Cutler moved the adoption of Resolution No. 38517-072009.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Mayor Bowers expressed condolences on behalf of the Council and presented a
ceremonial copy of Resolution No. 38517-072009 to Mrs. Jean Hebard Lisk.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Mason offered
the following resolution paying tribute to the Patrick Henry High School Soccer Team:
(#38518-072009) A RESOLUTION paying tribute to Patrick Henry High School's
Men's Varsity Soccer Team for participating in the Virginia High School League Group
AM Men's Soccer State Tournament.
(For full text of resolution, see Resolution Book No. 73, page 377.)
364
Council Member Mason moved the adoption of Resolution No. 38518-072009. I
The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Trinkle was absent.)
Mayor Bowers presented a ceremonial copy of Resolution No. 38518-072009 to
Chris Dowdy, Head Coach, Patrick Henry Men's Varsity Soccer Team.
ACTS OF ACKNOWLEDGEMENTS-ARCHITECTURAL REVIEW BOARD:
Barbara Botkin, Chair, Architectural Review Board presented Preservation Excellence
Awards to various individuals in recognition of outstanding preservation/renovation
projects in the City.
PUBLIC HEARINGS:
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having I
advertised a public hearing for Monday, July 20, 2009, at 7:00 .p.m., or as soon
thereafter as the matter may be heard, on the proposal of the City of Roanoke to convey
City-owned property to Jacqueline C. Williams designated as Roanoke City Tax Parcel
No. 3012825 being a lot on Gilmer Avenue, N. E., which is adjacent to property owned
by Ms. Williams at 57 Gilmer Avenue, N. E., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, June 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending execution
of a deed, subject to approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
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365
(#38548-072009) AN ORDINANCE authorizing the City Manager to execute' the
necessary documents providing for the conveyance of a parcel of City-owned property,
being, a lot on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No.
3012825, to Jacqueline C. Williams, upon certain terms and conditions; and dispensing
with the second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 408.)
Council Member Mason moved the adoption of Ordinance No. 38548-072009.
The motion was seconded by Council Member Cutler.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 38548-072009 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing from Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of
Central Baptist Church to rezone property located between Barrington Drive, N.W., and
Hershberger Road, N. W., bearing Official Tax No. 6391313, from R-7, Residential
Single Family District, to INPUD, Institutional Planned Unit Development District, subject
to a proffered condition, for the purpose of developing phase one of the property for a
place of worship and child-day care center; and a request to permanently vacate,
discontinue and close a 0.151 acre portion of Barrington Drive, N. W., terminating at a
parcel bearing Official Tax No. 6391313, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 4, 2009 and Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
366
The City Planning Commission submitted a written report recommending I
approval of the requested rezoning, finding the proposed rezoning to be consistent with
the Zoning Ordinance, Peters Creek North Neighborhood Plan, and Vision 2001-2020.
Traffic is a major concern for residents on and near Hershberger and Cove Roads as
stated in the Peters Creek North Neighborhood Plan; and conditions attached to the
right-of-way vacation, at the request of the City's Traffic Engineer, adequately mitigate
the added trips created by the proposed uses.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38549-072009) AN ORDINANCE to amend S 36.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to a certain condition proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 409.)
Council Member Mason moved the adoption of Ordinance No. 38549-072009. I
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Maryellen F. Goodlatte, Attorney, appeared in support of the petitioner.
Council Member Cutler asked about stormwater mitigation efforts at the site and
incentives related to stormwater projects.
The City Manager responded that the City will be considering incentives upon
further development of a stormwater fee program.
In connection with runoff to adjoining properties, it was stated that stormwater
would be captured in a detention pond located in the northeast corner of the site and
then discharged by one of two options: (1) pump the stormwater to an improved
roadside ditch along Hershberger Road, which was approved by City staff in 2004
design of pond basin will capture runoff from adjoining properties.
At this point, Council Member Mason left the meeting (7:43 p.m.)
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367
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38549-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-D.
(Council Members Mason and Trinkle were absent.)
The City Planning Commission submitted a written report recommending that a
0.151 acre portion of Barrington Drive, N. W., terminating at a parcel bearing Official
Tax No. 6391313, be permanently vacated, discontinued and closed.
(For full text, see report on file in the City Clerk's Office.)
The Planning Commission advised that the applicant should not be charged
for the property since the request was to vacate a portion of the right-of-way
previously dedicated to the City; and the closure should be subject to the following
conditions:
The applicant shall submit a subdivision plat to the Agent for the Planning
Commission, receive all required approvals of, and record the plat with the
Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all
properties which would otherwise dispose of the land within the right-of-way to
be vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all existing utilities
that may be located within the right-of-way, including the right of ingress and
egress. In addition, said plat shall dedicate a public access easement to
provide an area for vehicles to enter, turn around, and exit the property.
The applicant shall complete the following improvements:
· Improve the intersection turning radius on Fairhope Road at
Hershberger Road and on Barrington Drive at Cove Road in
accordance, with Virginia Department of Transportation Road
Design Manual and/or the City of Roanoke Street Design Guidelines
as determined by the City Traffic Engineer;
lO)
· Install a westbound deceleration taper on Hershberger Road and
Fairhope Road in accordance with Virginia Department of
Transportation Road Design Manual and/or the City of Roanoke
Street Design Guidelines as determined by the City Traffic
Engineer; and
368
. Install a south eastbound deceleration taper on Cove Road at I
Barrington Drive, in accordance with Virginia Department of
Transportation Design Standard requirements and the Virginia
Department of Transportation Road Design Manual and/or the City
of Roanoke Street Design Guidelines as determined by the City
Traffic Engineer.
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation to the
Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name
of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner,
and the names of any other parties in interest who ~ay so request, as
Grantees. The applicant shall pay such fees and charges as are required by
the Clerk to effect such recordation.
Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the applicant shall file with the
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
If the above conditions have not been met within a period of one year from the
date of adoption of this ordinance, then such ordinance shall be null and void. I
with no further action by City Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following ordinance:
(#38550-072009) AN ORDINANCE permanently vacating, discontinuing and
closing a certain public right-of-way in the City of Roanoke, as more particularly
described hereinafter; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 410.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38550-072009. The
motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler; and Mayor Bowers-5.
NAYS: None-D.
(Council Members Mason and Trinkle were absent.)
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ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing from Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of
Labor Finders of Virginia, Inc., to rezone property located at 2707 Williamson Road,
N. E., bearing Official Tax' No. 3100937, from MX, Mixed Use District, to CG,
Commercial General District, with the following proffers: (1) pedestrian access
developed in accordance with Section 36.2-314(e) of the City's Zoning Ordinance shall
be installed prior to issuance of a Certificate of Occupancy; (2) a Type A buffer yard
shall be maintained along the rear property line; (3) the existing trees identified on the
concept plan revised 5/26/09 shall be maintained in accordance with Section 36.2-
642(f) of the City's Zoning Ordinance; and (4) only the following uses shall be permitted:
business service establishment; employment or temporary labor service; medical clinic;
office, general or professional; caterer, commercial; live-work unit, limited to the
commercial uses listed herein; mixed use building, limited to the commercial uses listed
herein; studio/multimedia production facility; bakery, confectionery, or similar food
production, retail; contractor or tradesman shop, general or special trade; dry cleaning
and laundry pick-up station; general service establishment; nursery or greenhouse,
commercial; personal service establishment; pet grooming; retail sales, not otherwise
listed; community center; not abutting a residential district; health and fitness center;
meeting hall; artist studio; community garden; day care center, adult; day care center,
child; educational facility, business school for non-industrial trade, elementary/
middle/secondary, industrial trade school, school for the arts; government offices or
other government facilities, not otherwise listed in this table; museum; broadcasting
studio or station; utility distribution or collection, basic; wireless telecommunication
facility, stealth; and meeting hall, for the purpose of opening an employment and
temporary labor service, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 4, 2009 and Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the requested rezoning, finding the application to rezone the subject
property to be consistent with the City Zoning Ordinance, Comprehensive Plan, and
the Williamson Road Area Plan, adding that the proposed use and zoning
designation is appropriate considering the site's surrounding context. It was further
noted that the application has proffered limitations on land uses and proffered
preservation of existing tree canopy, maintenance of existing screening, and
provision of safe pedestrian access to Williamson Road.
(For full text, see report on file in the City Clerk's Office.)
370
Vice-Mayor Lea offered the following ordinance:
I
(#38551-072009) AN ORDINANCE to amend ~36.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to certain conditions proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 413.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38551-072009. The
motion was seconded by Council Member Cutler.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Maxwell H. Wiegard, Esquire, appeared in support of the petitioner.
There being no questions and/or comments by the Council Members, Ordinance
No. 38551-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
I
(Council Members Mason and Trinkle were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing from Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request
from C. C. Williams Memorial Park, Inc., to rezone property located on Panorama
Avenue, N.W., bearing Official Tax Nos. 2751107 through 2751109, from RM-1,
Residential Mixed Density District, to ROS, Recreation and Open Space District, for
uses permitted in the ROS, Recreation and Open Space District, subject to the
condition that a fence shall be installed along the western portion property line of Official
Tax No. 2751107 in accordance with Section 36.2-410 of the Zoning Ordinance, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 4, 2009 and Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Planning Commission submitted a written report recommending
approval of requested rezoning, finding the application to rezone subject property from
RM-1 District to ROS District to be appropriate considering the site's proximity to other
similarly zoned and used properties. It was further noted that the limited nature of the
ROS District is well-suited as an adjoiner to residential development.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following ordinance:
(#38552-072009) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to a certain condition proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 415.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38552-072009. The
motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Melvin L. Hill, Attorney, appeared in support of the petitioner.
There being no questions and/or comments by the Council Members, Ordinance
No. 38552-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
372
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday I
April 6, 1981, the City Clerk having advertised a public hearing from Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request, of
the City of Roanoke Planning Commission to amend Vision 2001-2020, the City's
comprehensive plan, to delete the current Old Southwest Neighborhood Plan, dated
January 21,2003, and adopted by City Council on January 21,2003, from Vision 2001-
2020, and to include in Vision 2001-2020, the Old Southwest Plan, dated June 18,
2009, such neighborhood plan identifying five priority initiatives: code enforcement,
Highland Park, village center, transportation, and public safety; as well as
recommendations on community design policies and actions, residential development
policies and actions, economic development policies and actions, transportation and
infrastructure policies and actions, parks and recreation policies and actions, and public
services policies and actions, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 4, 2009 and Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the Old Southwest Neighborhood Plan Update for adoption as a component
of Vision 2001-2020.
Council Member Cutler offered the following ordinance:
I
(#38553-072009) AN ORDINANCE, approving the Old Southwest Plan, dated
June 18, 2009, and amending Vision 2001-2020, the City's Comprehensive Plan, to
delete from it the current Old Southwest Neighborhood Plan, dated January 21, 2003,
and adopted by City Council on January 21, 2003; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 416.)
Council Member Cutler moved the adoption of Ordinance No. 38553-072009.
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
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There being no questions and/or comments by the Council Members, Ordinance
No. 38553-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.) (Council Member Mason was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 20,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on question of
adoption of an ordinance, pursuant to Section 58.1-3651, Code of Virginia (1950), as
amended, approving the request from the City of Roanoke Planning Commission to
amend Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
by amending and reordaining the following Code sections: (a) Section 36.2-561,
Variances, (c)(3) to remove the words "approaching confiscation", and (b) Section 36.2-
704, Nonconforming structures, and Section 36.2-705, Nonconforming uses, for the
purpose of conforming the City's Zoning Ordinance with State Code provisions relating
to nonconforming structures and uses that have been damaged or destroyed under
certain circumstances, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 4, 2009 and Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the proposed amendments, finding that the proposed amendments to the
zoning ordinance are consistent with, and will further the intent of Vision 2001-2020.
Council Member Cutler offered the following ordinance:
(#38554-072009) AN ORDINANCE amending and reordaining Section 36.2-561,
Variances, Section 36.2-704, Nonconforminq structures, and Section 36.2-705,
Nonconforminq uses, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke
(1979), as amended, for the purpose of conforming the City's Zoning Ordinance with
State Code; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 417.)
Council Member Cutler moved the adoption of Ordinance No. 38554-072009.
The motion was seconded by Vice-Mayor Lea.
374
The Mayor inquired if there were persons present who wished to speak in I
connection with the matter. There being none, he declared the public hearing closed.
Council Member Rosen inquired about the origin of the abovementioned request;
whereupon, Christopher Chittum, Agent, City Planning Commission, explained that
changes by the General Assembly, which create more permissive rebuilding guidelines,
were the basis for said request.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38554-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
ZONING: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, July 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on question of adoption of an ordinance,
pursuant to Section 58.1-3651, Code of Virginia (1950), as amended, approving the
request of Northwest Child Development Center, Inc., for designation of its real property I
as exempt from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 11,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to Northwest Child Development Center, Inc.'s exemption from real estate
taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective
January 1, 2010, if the organization agrees to pay the subject service charges on the
real estate by that date; and the organization's personal property is already exempt from
taxation, therefore, no action is necessary regarding this particular request.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
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(#38555-072009) AN ORDINANCE exempting from real estate property taxation
certain property of Northwest Child Development Center, Inc., located in the City of
Roanoke, an organization devoted exclusively to charitable or benevolent purposes on
a non-profit basis; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 420.)
Council Member Rosen moved the adoption of Ordinance No. 38555-072009.
The motion was seconded by Vice-Mayor Lea.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 38555-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
ZONING: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, July 20, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a request of the City of Roanoke to proposes
to lease approximately 1394.42 square feet of City-owned property located in the
Roanoke City Market Building at 32 Market Square to Tavern On The Market of Virginia,
LLC, to be used as a food court business, on a month to month basis, beginning
August 1,2009, such term not to exceed one year, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Saturday, July 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a month to month lease agreement with Tavern on the Market
of Virginia, LLC, for approximately 1394.42 square feet of space in the City Market
Building, located at 32 Market Square, effective August 1, 2009, not to exceed 12
months, subject to approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
376
Council Member Rosen offered the following ordinance:
I
(#38556-072009) AN ORDINANCE authorizing the City Manager to execute a
lease agreement with Tavern On The Market of Virginia, LLC, for approximately
1394.42 square feet of space in the City Market Building for a month-to-month term,
effective August 1, 2009, not to exceed twelve (12) months; and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 422.)
Council Member Rosen moved the adoption of Ordinance No. 38556-072009.
The motion was seconded by Council Member Price.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 38556-072009 was adopted by the following vote:
AYES: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
I
(Council Members Mason and Trinkle were absent.)
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 Manger will be
referred immediately for response, recommendation or report to Council.
The following individuals spoke in support of a proposal for the Inner City Athletic
Association being allowed to be identified as a "Stand Alone" recreation club:
Kiann Trent, Jerome Stephens, Sandra Stephens, George Riles, Paul Moyer, Joe
Howell, Howard Highlander, Isaac Jones, Michelle Epps, Thomas Tate, Charles Barlow,
and Johnny Taylor.
(See copy of documents on file in the City Clerk's Office.)
Vice-Mayor Lea inquired as to whether there could be a one-year extension to
further refine the merger plans; whereupon, the matter was referred to the City Manager
for report to the Council.
(See copies of documents from Youth Athletic Council and Steve Buschor,
Director of Parks and Recreation under date of July 29, 2009 on file in the City I
Clerk's Office.)
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377
Dina Michelle Wiggins appeared before the Council and spoke about corruption
in City government.
There being no further business, th!3 Mayor declared the meeting adjourned at
9:12 p.m.
APPROVED
ATTEST:
~~ rn. ..h\o~
Stephanie M. Moon, CMC "-
City Clerk
0-~~
David A. Bowers
Mayor
378
REGULAR SESSION--ROANOKE CITY COUNCIL
August 3, 2009
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, August 3,
2009, at 9:00 a.m., at the School Administration Building Media Center, 40 Douglass
Avenue, N. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, pursuant
to Resolution No. 38502-070609 on Monday, July 6, 2009.
PRESENT: Council Members Gwendolyn W. Mason, Court G. Rosen, David B.
Trinkle, M. Rupert Cutler, Sherman P. Lea and Mayor David A. Bowers-6.
ABSENT: Council Member Anita J. Price-1.
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The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. I
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Cecelia T. Webb
Assistant Deputy City Clerk.
SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Suzanne P.
Moore, Courtney A. Penn (arrived late), Lori E. Vaught and Chairman David B.
Carson-6.
ABSENT: School Trustee Todd A. Putney-1.
Representing Roanoke City Public Schools: Dr. Rita D. Bishop, Superintendent;
Timothy R. Spencer, Legal Counsel; and Dawn Winter-Ware, Deputy Clerk of the
Board.
SCHOOLS: The Chairman welcomed the Mayor and Members of City Council;
and the Mayor expressed his excitement about the opening of William Fleming High
School and expressed appreciation to Mrs. Doris Ennis as she returns to open the new
William Fleming High School.
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379
At this point, School Board Trustee Penn entered the Media Center. (9:04 a.m.)
REPORT OF FACILITIES COMMITTEE
School Trustee Penn and Council Member Mason, Co-Chairs, provided an
update on the Facilities Committee.
Deputy Superintendent Curt Baker provided an update on several items related
to facilities. He shared information regarding plans for use of William Ruffner Middle
School, stating that the cafeteria will be demolished, the lower level of the facility will be
used to house the Schools' Employee Health Services, and the school systems
technology server room will be relocated from the Administration Building due to better
electrical capabilities.
Dr. Baker further stated that the Administration would probably use an area of
facility for a School division professional development center in order to provide a better
option for teacher in-service opportunities, as well as move certain areas of the Testing
Department inasmuch as the facility will provide a more secure location, relocate the
administrative elements of the Food Services Department, which is presently located in
the modulars at Preston Park, the maintenance and operations center, currently located
on Reserve Avenue; and the possible relocation of warehouse space that is currently in
leased space.
With respect to Raleigh Court, Dr. Baker explained that the school cafeteria will
house the Culinary Arts Program while the Division prepares space for said Program at
Patrick Henry High School. Following this use, the intent is to find a non-educational
alternate use, perhaps through a partnership sale, or if there is no non-educational use,
the facility will be demolished for construction of playing fields for Patrick Henry High
School. Council Member Mason asked about the condition of the roof; whereupon, Dr.
Baker stated that the roof will be 'sufficient for the short term for the Culinary Arts
Program.
380
Council Member Trinkle expressed concern that playing fields were not ranked I
above an alternate use. Dr. Baker stated that pursuant to discussions by the Board, it
was determined that other uses were viewed as more valuable; however, there would
be an intensive effort to identify these uses during the Culinary Arts phase.
The Chairman interjected that if the School Division does not identify an
educational use for Raleigh Court, the facility will revert back to the City. Council
Member Cutler was of the opinion that athletic fields were considered educational
facilities. Council. Member Trinkle added that making the fields at Patrick Henry
equitable to those at Fleming was a good idea. Dr. Baker remarked that if a building is
repurposed and converted to a different use, the value from it would accrue to the
Schools. He also commented that the Director of Management and Budget was
preparing a draft for review that would employ the concept that if there is a high-value
use, the proceeds would be deployed to another use within the Division.
The Mayor inquired about the road, with a gate, that goes through school
property at Patrick Henry High' School. The Assistant City Manager for Operations
advised that the road is not a public road, but is maintained by the school, adding that
residents on Guilford Avenue prefer that the gate remain closed because of traffic
through the neighborhood.
Vice-Mayor Lea suggested that the proffers relating to the Patrick Henry High I
School Stadium be reviewed. Chairman Carson stated that the School system plans to
revisit the matter and is reaching out to the Raleigh Court Civic League for assistance in
this effort.
Although he realized the school system had expressed reservations in using the
building, Dr. Cutler asked if there could be more thought given to the School
Administration offices moving to the Commonwealth Building and asked the school
system to give consideration to the option again. Council Member Trinkle asked for an
update regarding the situation at the School Administration Building; whereupon, Dr.
Baker stated that the Administration strongly believes money should be spent on
addressing the needs of the students before reviewing the administrative offices. He
added that he would look at options including a trade and various other alternatives. Dr.
Baker pointed out that there is minimal investment in keeping the Administration
Building while looking at other alternatives.
School Trustee Penn stated that as a result of the attendance zone changes, the
shift in equity was foremost, and ensuring equity among school buildings was a priority
with the focus on young people and their needs first.
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I ACCREDITATION AND OPENING OF SCHOOLS UPDATE
The Schools Superintendent referred to the Strategic Plan and its Mission and
Vision statements with regard to the opening of Schools, noting the relativity to the
Equity Committee's work. Council Member Mason was impressed with the group that
assisted in the development of the Strategic Plan.
(See copy of Strategic Plan 2009-2014 on file in the City Clerk's Office.)
Dr. Bishop stated Westside Elementary and Ruffner Middle schools were not
accredited, but every other school in Roanoke City would be accredited for the 2009-10
school year. However, she commended Dr. Melva Belcher, Principal of Ruffner and the
tremendous progress she has made at the school.
She announced that 14 schools made A YP, with five schools close enough to
warrant an appeal; the graduation rate is one of the most serious problems for Roanoke
City Schools and efforts to improve the graduation rate are reflected in the Division's
Strategic Plan. She also commented that there would be a big writing roll-out for K-12
and considerable work was also underway with Assistant Superintendent for Teaching
and Learning with regard to mathematics to improve scores dramatically.
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Dr. Bishop also. pointed out that 99 standard diplomas were issued at Forest Park
Academy, with four special education IEP certificates being awarded, emphasizing that
a tremendous need exists for Forest Park Academy. She added that there is a waiting
list for admission to the school.
Dr. Bishop commented that with the opening of a new focus school, Fishburn
Park Elementary School, the Division offers an environment devoted to learning about
the environment and green spaces. She called attention to the Transition Plan posted
in the lobby at Central Administration and reviewed the significant number of items the
Division has worked on over the summer. She also commented on improvements at
Hurt Park Elementary, noting that. the school is well-arranged for learning in a very
pleasant school environment. '
Mayor Bowers inquired about construction at various schools; whereupon, Dr.
Bishop stated that construction was ongoing in the interior spaces of a few schools
including Hurt Park, Wasena and Highland Park. The Mayor expressed excitement
regarding the ribbon cutting ceremony at the new William Fleming High School campus
scheduled for Thursday, September 3 at 1 :00 p.m.
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School Trustee Moore commended the administration and principals for the I
Division recycling efforts, stating that a new composting venture would start this fall
utilizing the pulpers at the two high schools as well as at Roanoke Academy. Dr. Baker
interjected that the composting venture would start at six schools, including the two high
schools, with a goal to have zero waste at both high schools. Dr. Baker mentioned that
the composting farm is located in Floyd County and currently working with Virginia
Tech.
WESTERN VIRGINIA EDUCATION CLASSIC
The Vice Mayor announced that the Tenth Annual Western Virginia Education
Football Classic would be played on September 19 at 4:00 p.m., at the Salem Stadium.
He called attention to a pep rally scheduled to kick off the ticket sales on August 14,
noting that several students received college scholarships which were made possible by
the Football Classic.
CITY COMMUNITY COLLEGE ACCESS PROGRAM
School Trustee Bingham pointed out that 60 students were accepted at Virginia
Western Community College, but indicated that there was still work to be done to
improve the application process, with work underway to make it better next year. He
also commended Virginia Western Community College for making the partnership a I
reality.
WILLIAM FLEMING HIGH SCHOOL PROJECT
In the absence of School Trustee Putney, the Chairman reported that the project
was on schedule and under budget. He announced that the grand opening of the new
William Fleming High School was scheduled for September 3, with the former State
Superintendent, Dr. Billy Cannaday, as the guest speaker. He also announced that the
"Blessing of the Schools" was scheduled to take place on August 30 at Patrick Henry
High School and the Schools' Convocation would be held on Monday, August 31 at
9:00 a.m., at the Roanoke Civic Center. He alluded to the testing issue at William
Fleming High School and pointed out that the School Board was not privy to the details
of the investigation; however, there was good news that 26 of 27 schools were
accredited, 60 RCPS students would receive a tuition-free college education, and 350
students would be enrolled at Forest Park. Vice-Mayor Lea commended the Schools
work at Forest Park, adding that the Roanoke City Schools had much success to
celebrate.
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I TRANSPORTATION UPDATE
The Vice-Mayor asked for a briefing on the busing situation; whereupon,
Chairman Carson stated that every school bus was equipped with a camera and most
buses were outfitted with GPS systems.
Dr. Baker added that Mountain Valley Transportation came on board on July 1,
2009; most individuals would not notice a change, however, he noted the addition of
several new buses to the fleet, which shall occur yearly. He conceded that there would
be challenges with attendance zones, but Roanoke City Schools should be able to
accommodate such changes. He indicated that on-time performance during summer
school was perfect, which allowed the Division to see the capability of Mountain Valley
providing transportation services to the community. He also explained about the buses
being painted with the name of the outside vendor, Mountain Valley Transportation.
Council Member Trinkle requested that there be some kind of additional identifier tying
the buses to Roanoke City Public Schools.
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Dr. Baker pointed out that Mountain Valley incorporated into Virginia and was
ready to become a part of the community. In closing, he stated that there would be
proactive efforts to communicate with parents regarding bus routes during the first
weeks of school; Council Member Mason asked if letters would be sent to the homes of
students; whereupon, Dr. Baker replied that information would be provided to the
parents of all City school students.
There being no further business, Chairman Carson declared the joint meeting
adjourned at 10:00 a.m.
There being no further business, Mayor Bowers declared the joint meeting in
recess at 10:00 a.m.
The recessed meeting of the Council reconvened at 10:26 a.m., in the EOC
Conference Room, Room 159, Noel C. Taylor, Municipal Building, with Mayor Bowers
presiding, and all Members of the Council in attendance, with the exception of Council
Member Price.
COMMITTEES-COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
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Vice-Mayor Lea moved that Council concur in the request of the Mayor to I
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Price was absent.)
CITIZEN OF THE YEAR-CITY COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in a Closed Meeting to discuss the
2009 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(1 0), Code of Virginia
(1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Mayor I
Bowers-6.
NAYS: None-D.
(Council Member Price was absent.)
CITY MANAGER: A communication from the City Manager requesting that
Council convene in a Closed meeting to discuss the disposition of publicly-owned
property, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3) ,
Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
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'c
Council Member Mason moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Price was absent.)
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CIVIC CENTER COMMISSION: The following agenda items were offered
for discussion:
· Possibility of collegiate events coming to the City of Roanoke
. Financial analysis, general update, status of issues with employees
· Status report with regard to appropriate measures to reduce utility bills
due to water leaks at Civic Center. (See copy of e-mail from James
Grigsby, Assistant City Manager for Operations, dated August 4,
2009, on file in the City Clerk's Office.)
Mayor Bowers inquired about the return of. ice hockey to the Civic Center;
whereupon, the City Manager replied that ice hockey would return upon the
sustainability of ice hockey fans. She noted that interest was apparent due to lessons
on the ice and the use of the facility by Virginia Tech, but the usage and interest by fans
was not enough to sustain the sport.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY COUNCIL: Council Member Gwendolyn W. Mason, Chair, City Council
Personnel Committee, submitted a written communication requesting that the Council
convene in a Closed Meeting for the discussion of an award of a public contract.
involving the expenditure of public funds where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the City, pursuant to
Section 2.23711 (A)(29), Code of Virginia, as amended.
(See communication on file in the City Clerk's Office.)
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BRIEFINGS:
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Hiahland Park Benches
Susan Jennings, Public Arts Coordinator briefed the Council on installation of two
benches at Highland Park.
(See copy of PowerPoint presentation on file in the City Clerk's Office.)
During the presentation, Council Member Trinkle asked whether or not the price
was reasonable for the two benches and if the benches would be durable. Ms.
Jennings responded in the affirmative and noted that the artist would perform repairs if
needed.
Following additional comments, the City Manager advised that action by the
Council to approve the design and placement of public art to be installed in Highland
Park would be taken during the 2:00 p.m. session, under Item 10, Introduction and
Consideration of Ordinances and Resolutions.
Creation of Arts and Cultural District
Thomas Carr, III, Director of Planning, Building and Development, provided the
Council an update on the creation of an Arts and Cultural District.
(See copy of PowerPoint presentation on file in the City Clerk's Office.)
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During presentation Council Member Trinkle expressed his desire that the district
be gerrymandered to include cultural groups that were not currently located in the
immediate downtown district. The City Manager pointed out the challenge of defining
how the arts district incentives were accounted, such as the Roanoke Symphony which
performs at different venues.
Discussion of the matter ensured. Council Member Cutler suggested that
incentives be site-specific, not organizational specific. The City Manager inquired as to
whether certain categories of for-profit businesses, such as galleries should be included
in the incentive model.
Council Member Mason stressed that she was uncomfortable with sacrificing
additional revenues to the City.
The City Manager called attention regarding the unintended consequences of
excluding the Civic Center from the district, and questioned whether the exclusion would
impact groups wanting to perform at said venue. Council Member Trinkle suggested
that the pros and cons of including the Civic Center in the Arts District be studied I
further.
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I Developing the 2010-15 Consolidated Plan
Frank E. Baratta, Budget Team Leader, shared pertinent information regarding
the Community Development Block Grant program as well as a side-by-side
comparison referred to as part of the presentation.
(See copy of PowerPoint presentation on file in the City Clerk's Office.)
Following presentation, Council Member Cutler asked about levels of private
involvement in redevelopment activities. The City Manager pointed out that one reason
funds were concentrated in neighborhoods was to eventually spur private investment.
Council Member Trinkle inquired about the impacts on the elderly; whereupon, Mr.
Baratta noted that language in the guidelines which alludes to "special needs groups"
could be read to include the elderly or disabled. The City Manager added that there
needed to be better analysis of repair work for elderly householders where the repair
might be warranted, but the house might still not be livable for the occupant, such as
replacing a tub in a second-floor bathroom when the occupant is unable to climb stairs.
Red Liqht Camera T echnoloQV
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Tim Jones, Deputy Police Chief, gave an overview about automated traffic
enforcement, aka "photo safe technology," or red-light cameras.
(See copy of PowerPoint presentation on file in the City Clerk's Office.)
At the conclusion of the presentation, the City Manager pointed out that installing
photo safe technology is proposed as a revenue-neutral initiative.
Council Member Mason inquired whether or not other localities were using the
technology, what the negative impacts were and whether the technology would make
the City safer. Deputy Chief Jones responded that population density and cost were the
two main factors that determine whether a locality installs said technology, and the
value of the technology is in its deterrent effect, as well as its education/behavior
modification impact.
Council Member Rosen questioned the issue of making sure'the penalty goes to
the operator behind the wheel, who might not be the owner of the vehicle. Vice-Mayor
Lea inquired as to why the intersections named in the briefing were selected. Deputy
Chief Jones replied that it was based on a traffic flow study by the Virginia Department
of Transportation, one criterion for which was intersections where accidents were most
common.
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Council Member Trinkle questioned the discrepancy between the $50.00 fine for
getting caught by the red light camera and the more expensive traffic summons issued
by an officer for the same offense. Council Member Cutler asked whether or not the
technology really changes behavior. Deputy Chief Jones stated that Virginia Beach had
seen a 60 percent - 80 percent decrease in accidents since the installation of the photo
safe technology in 1998.
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Following in-depth discussion, Mayor Bowers suggested that the Police
Department move forward with the program.
In conclusion, Chief Gaskins commented on a new grant that the department had
received, and complimented the department on being proactive in seeking a variety of
grants to support operations.
Fiscal Year 2010 Debt Issuance
Prior to briefing, the Director of Finance introduced John Bingham, as the
Assistant Director of Finance.
The Director of Finance briefed the Council on the public hearing scheduled for
issuance of debt.
(See copy of document on file in the City Clerk's Office.)
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The City Manager commented on two different options for issuing debt, i.e., (1)
project-by-project basis; and (2) large lump sum. She noted that folding certain funds
into a lump sum does not obligate the Council to those expenditures, and that the larger
lump sum could present more opportunities to move forward with more projects.
The Director of Finance pointed out that two "pros" of issuing a larger amount
were timeliness and flexibility.
Council Member Mason asked if the Council holds a public hearing on a larger
amount, but decides not to vote on the entire amount; whereupon, Ms. Shawver
responded that there was standard language stating that if there is funding "left over" it
can be shifted to other priorities, adding that option one would entail public hearings for
each project, but offers the opportunity for the Council to articulate those projects.
Following discussion, Council Member Trinkle expressed a preference for option
two, which was concurred in by Council Members Cutler and Rosen, as well as Vice-
Mayor Lea, with the understanding that the public be kept informed concerning the
projects and that the process is as understandable for the public as possible.
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Council Member Mason and Mayor Bowers preferred option one, with the
understanding that the public be kept in the loop.
It being the consensus of the Council to support Option Two (large lump sum),
the Director of Finance noted that the appropriate notices would be published in the
newspaper for a public hearing to be scheduled to be held before the Council on
Tuesday, September 8 at 2:00 p.m., or as soon thereafter as the matter may be heard.
CITY COUNCIL: Having previously concurred in a request of Council Member
Mason, Chair, City Council Personnel Committee, that the Council convene in a Closed
Meeting for the discussion of an award of a public contract involving the expenditure of
public funds where discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(29), Code
of Virginia (1950), as amended, the following vote was recorded:
AYES: Council Members Mason, Rosen, Trinkle, Cutler, and Mayor Bowers-5.
NAYS: None-D.
(Council Member Price was absent and Vice-Mayor Lea was not present when the vote
was recorded.)
At 1 :36 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S .W.
At 2:00 p.m., the Council meeting reconvened in the City Council Chamber,
Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Member Gwendolyn W. Mason, Court G. Rosen, David B.
Trinkle, M. Rupert Cutler, Sherman P. Lea, and Mayor David A. Bowers-6.
ABSENT: Anita J. Price-1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Reed Brown, United.
Metaphysical Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
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ANNOUNCEMENTS:
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The Mayor announced that the Roanoke Regional Chamber of Commerce
Annual State of the City Address for the City of Roanoke would be held at 7:30 a.m., on
Thursday, August 13, 2009, at the Sheraton Hotel and Conference Center; and the
Council would be accepting Citizen of the Year Nominations.
Mayor Bowers recognized Matt and Eddie Jones, Cub Scouts of Troop #209
from Northside Middle School.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a
proclamation to Police Chief Joe Gaskins declaring Tuesday, August 4, 2009 as ,
National Night Out.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT: Council Member Mason presented William
and Isabella Smith with the Outstanding Community Contributor Award plaque in
connection with the Clean and Green Campaign. She noted that the Smiths had
purchased and landscaped an adjacent lot to their South Roanoke home for use by the I
community.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
YOUTH-RECREATION: The following individuals appeared before the Council
to express opposition of Inner-Center Athletic Association becoming a part of Region I,
Youth Athletic Council and request that the Association retain its independent status:
Kiann Trent, President, Inner-City Athletic Association; Michael Smith;
Howard Highland; Jerome Stephens, Vice-President, Inner-City Athletic
Association; and Evelyn Bethel.
Following the comments, Mayor Bowers suggested that the matter be tabled for
two weeks in order to allow the Youth Athletics Council an opportunity to respond.
(See copy of email from the Director of Parks and Recreation on file in the City Clerk's
Office. )
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COMPLAINTS-TRASH: Liz Alexander appeared before the Council to express
concern regarding trash thrown on her property by youth in the neighborhood.
(See copy of email on file in the City Clerk's Office.)
CAPITAL IMPROVEMENTS: Joyce Waugh, Executive Director, Roanoke
Regional Chamber of Commerce, appeared before the Council and spoke about the
capital improvement projects, mainly the elimination of the amphitheater.
CAPITAL IMPROVEMENTS: Doug Waters, Interim President, Downtown
Roanoke, Inc., appeared before the Council and spoke in support of an amphitheater in
the downtown area.
SCHOOLS-COMPLAINTS: Helen E. Davis appeared before the Council to
express concern regarding the closing of Forest Park Elementary and William Ruffner
Middle Schools in the inner-city community.
(See copies of documents on file in the City Clerk's Office.)
INDUSTRIES: Robert Gravely appeared before the Council to express concern
about the City spending $9 million to demolish the Roanoke Mills facility.
AMPHITHEATER: Chris Craft appeared before the Council in support of an
amphitheater in. downtown Roanoke and inquired about the $9 million to demolish the
Roanoke Mills facility.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion were
desired, the item would be removed from the Consent Agenda and considered
separately.
RECREATION-EASEMENTS: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, August 17, 2009, at
7:00 p.m., or as soon thereafter as the matter may be heard, to consider the granting of
a second Carvins Cove Conservation Easement to the Virginia Outdoors Foundation
and Western Virginia Land Trust, was before the body.
(See communication on file in the City Clerk's Office.)
392
Council Member Cutler moved that Council concur in the request of the City I
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6.
NAYS: None-D.
(Council Member Price was absent.)
COMMITTEES-OATHS OF OFFICE-ARTS COMMISSION-ECONOMIC
DEVELOPMENT AUTHORITY: Reports of qualification of Lawrence E. Johns as a
member of the Roanoke Arts Commission for a term of three years ending June 30,
2012; and Vickie H. Bibee as a Director of the Economic Development Authority to fill
the unexpired term of S. Deborah Oyler ending October 20, 2009, were before the
Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Cutler moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
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AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-5.
NAYS: None-D.
(Council Member Price was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
NEIGHBORHOOD ORGANIZATIONS: Ron McCorkle, Vice-Chair, Roanoke
Neighborhood Advocates, appeared before Council and gave an overview of the state
of the Roanoke Neighborhood Advocates committee; an update on the current state of
City neighborhoods and neighborhood priorities; and possibilities for the future of the
City's neighborhood.
(See copy of remarks on file in the City Clerk's Office.)
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At this point, Council Member Price entered the meeting (3:18 p.m.)
Following overview, Council Member Cutler inquired about the legal ramifications
for volunteers to maintain City rights-of-way; whereupon, the City Attorney explained the
immunity that applies to volunteers.
Council Member Mason encouraged neighborhood organizations and Council
appointed committee members to attend the City's Leadership College in order to be
educated on various aspects of the City.
Robert Clements, Neighborhood Services Coordinator, announced that the next
Leadership College session was scheduled to commence on September 22 from
6:00 p.m. - 9:00 p.m., in the EOC Conference" Room, Room 159, Noel C. Taylor
Municipal Building. Interested persons may register online at the City's website,
www.roanokeva.aov, or contact Mr. Clement at 540/853-5210.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-VIRGINIA TRANSPORTATION MUSEUM: The City Manager
submitted a written communication recommending approval of a donation to the Virginia
Museum of Transportation for improvements to the David R. and Susan S. Goode
Railwalk.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38557-080309) A RESOLUTION authorizing the donation of $20,000.00 to the
Virginia Museum of Transportation for the construction of a concrete foundation for a
locomotive cab and related costs for the cab's restoration, relocation, placement and.
electrical connection.
(For full text of resolution, see Resolution Book No. 73, page 424.)
394
Council Member Trinkle moved the adoption of Resolution No. 38557-080309. I
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-D.
Council Member Trinkle offered the following budget ordinance:
(#38558-080309) AN ORDINANCE to transfer funding from the Railwalk
Enhancements project to the Virginia Museum of Transportation, amending and
reordaining certain sections of the 2010-2011 General and Capital Projects Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 424.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38558-
080309. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
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NAYS: None-D.
BUDGET-WATER-TECHNOLOGY: The City Manager submitted a written
communication recommending approval of revenue adjustments in connection with an
agreement with the Western Virginia Water Authority for information technology
services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38559-080309) AN ORDINANCE to appropriate funding from the Western
Virginia Water Authority to the Department of Technology training and development
account, amending and reordaining certain sections of the 2010-2011 Department of
Technology Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 425.)
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Council Member Cutler moved the adoption of Ordinance No. 38559-080309.
The motion was seconded by Council Member Mason and adopted by the {ollowing
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-D.
BUDGET-GRANTS-HOUSING: The City Manager submitted a written
communication recommending acceptance and appropriation of the Shelter Plus Care
Renewal Grant funds from the United States Department of Housing and Urban
Development (HUD) to provide rental assistance and supportive services to the
homeless and their families.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38560-080309) A RESOLUTION authorizing acceptance of the Shelter Plus
Care Renewal Grant Award from the U.S. Department of Housing and Urban'
Development, in the amount of $166,008.00 for a one year period, beginning July 1,
2009 through June 30, 2010; and authorizing the execution of the necessary
documents.
(For full text of resolution, see Resolution Book No. 73, page 426.)
Council Member Trinkle moved the adoption of Resolution No. 38560-080309.
The motion was seconded by Council Members Mason and Rosen and adopted by the
following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-D.
Council Member Trinkle offered the following budget ordinance:
(#38561-080309) AN ORDINANCE to appropriate funding from the United States
Department of Housing and Urban Development for the Shelter Plus Care Grant,
amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the seconp reading by title of this ordinance. ~
I (For lull lex! 01 ordinance, see Ordinance Book No. 73, page 427.)
396
Council Member Trinkle moved the adoption of Budget Ordinance No. 38560-
080309. The motion was seconded by Council Members Mason and Rosen and
adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-D.
COMMENTS BY THE CITY MANAGER:
PARKS AND RECREATION-PUBLIC WORKS:'INDUSTRIES: The City Manager
assured Council Member Cutler that it was easy for groups to adopt a spot in the City;
however, certain guidelines apply, but anyone interested could contact the Public Works
or Parks and Recreation Departments or other departments at any time to inquire about
opportunities.
In response to previous public comments concerning the Roanoke City Mills
property, Ms. Burcham explained that there is a cooperative agreement between the
City, Carilion, and the Roanoke Redevelopment and Housing Authority regarding the
property's future, and that redevelopment of the site would provide increased revenue to
the City.
Council Member Cutler applauded the City Manager for the success thus far
regarding redevelopment efforts in the Reserve Avenue area:
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ARTS-PARKS AND RECREATION: Council Member Cutler offered a resolution
approving placement of public art to be installed in Highland Park:
(#38562-080309) A RESOLUTION approving the design and placement of public
art to be installed in Highland Park.
(For full text of resolution, see Resolution Book No. 73, page 427.)
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Council Member Cutler moved the adoption of Resolution No. 38562-080309.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-O.
MOTION AND MISCELLANEOUS BUSINESS
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY
COUNCIL: Council Member Cutler moved that the motion adopted by the Council at its
last meeting that was held on Monday, July 20, 2009, in which the Council removed
funding for the Elmwood Park amphitheater from the Capital Improvement Program
budget be reconsidered, stating that he was eligible to make this motion because he
voted for the motion at the last meeting.
Council Member Cutler noted for the record that his purpose in requesting
reconsideration was to give Council another opportunity to authorize the use of City
cash and bond funds to study the economics of and complete the architectural and
engineering work for the Elmwood Park site, adding that such a study would give a
more informed basis than the Council currently has on which to decide whether to
include construction funding for the amphitheater in future years' budgets; and the
whole discussion to date of how much "subsidy' would be required has been based on
data related to other amphitheaters and other communities, not the Elmwood Park site,
entirely different situations.
He stated in support in addition to this year's capital budget of funds for
architectural and engineering studies for an all-weather Elmwood amphitheater/pavilion
with early attention given to an economic analyses including:
· An analysis of how traditional users of Elmwood Park can use the new
facility and, if so, how they will impact the operating budget-and how
cooperation among users may lead to the best economic potential for
the facility; and
· A draft management agreement and potential operating budget based
on potential usage, to include possible city subsidies and how the City
can minimize these subsidies over time through the highest potential
use of the facility, other revenue streams, and cooperative agreements
with similar organizations in our valley, if that leads to the best
economic return for the pavilion.
398
Council Member Cutler suggested that this be done early in the so called "A and I
E" process, with the understanding that, at any time, City Council feels the proposed
usage, management agreement and potential operating budget are not in line with their
expectations, they can change the direction of, or stop, the A and E phase.
Council Member Cutler moved to reconsider Council's adoption of Resolution No.
38536-072009 adopted on July 20, 2009, so that the matter could be on the floor to be
amended to delete the language, "with the elimination of the amphitheater project". The
motion was seconded by Council Member Price.
Council Member Price noted her reasons for reconsideration of the vote taken at
the last Council meeting regarding the elimination of the amphitheater from the Capital
Improvement Program, as well as citing the absence of Council Member Trinkle at the
Council meeting.
Council Member Trinkle reiterated his support for the proposed amphitheater in
Elmwood Park.
Vice-Mayor Lea and Council Member Rosen expressed concern regarding the
reconsideration of the matter, acknowledging that the issue had been addressed over
the past six years and believes citizens want consistency in governance.
Council Member Mason questioned the construction of an amphitheater.
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Following in-depth discussion of the issue, Council Member Cutler's motion to
reconsider the matter, seconded by Council Member Price was approved by the
following vote:
AYES: Council Members Price, Trinkle, Cutler and Mayor Bowers-4.
NAYS: Council Members Mason, Rosen and Vice-Mayor Lea-3.
Council Member Cutler offered the following resolution:
(#38563-080309) A RESOLUTION endorsing the update to the Capital
Improvement Program submitted by the City Manager by letter of July 20,2009, with the
omission of the previously approved language, "with the elimination of the amphitheater
project" .
(For full text of Resolution, see Resolution Book No.73, page 428.)
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Council Member Cutler moved the adoption of Resolution No. 38563-080309.
The motion was seconded by Council Member Price.
Council Member Mason reiterated her concern about the inclusion of the
amphitheater in the Capital Improvement Program and the amount of money to be
spent on the project; whereupon, Council Member Trinkle questioned the amount of
funds quoted.
The City Manager noted that the corrected figure for the City's Five-Year Capital
Improvement Program for Fiscal Year 2010-2014 recommended total amount should be
$127,050,047.00 instead of $112,050,047.00.
There being no further discussion, Resolution No. 38563-080309, as amended,
was adopted by the following vote:
AYES: Council Members Price, Trinkle, Cutler and Mayor Bowers-4.
NAYS: Council Members Mason, Rosen and Vice-Mayor Lea-3.
At 5:10 p.m., the Council meeting was declared in recess for a Closed Meeting in
the Council's Conference Room, Room 451.
At 5:57 p.m., the Council meeting reconvened in the Council Chamber, with
Mayor Bowers presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Mason moved that each member of City Council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters were identified in any motion by which any Closed meeting was
convened were heard discussed or considered by City Council. The motion was
seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-7.
NAYS: None-O.
OATHS OF OFFICE-HOUSING AUTHORITY: The Mayor called attention to the
expiration of the three-year term of office of Gilbert Butler as a Commissioner of the
Roanoke Redevelopment and Housing Authority Board of Commissioners on
August 31,2009; whereupon, he opened the floor for nominations.
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Council Member Cutler placed in nomination the name of Gilbert Butler.
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There being no further nominations, Mr. Butler was reappointed as a
Commissioner of the Roanoke Redevelopment and Housing Authority Board of
Commissioners for a term of three years ending August 31,2012, by the following vote:
FOR MR. BUTLER: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea,
and Mayor Bowers-7.
OATHS OF OFFICE-YOUTHS: The Mayor called attention to the expiration of
the three-year terms of office of Francine L. Craven and Michael Smith as members of
the Youth Services Citizen Board on May 31, 2009; whereupon, he opened the floor for
nominations.
Council Member Cutler placed in nomination the names of Francine L. Craven
and Michael Smith.
There being no further nominations, Ms. Craven and Mr. Smith were reappointed
as members of the Youth Services Citizen Board for terms of three years, each, ending
May 31 , 2012, by the following vote:
FOR MS. CRAVEN AND MR. SMITH: Council Members Mason, Price, Rosen, I
Trinkle, Cutler, Lea, and Mayor Bowers-7.
OATHS OF OFFICE-HUMAN SERVICES: The Mayor called attention to a
vacancy on the Human Services Advisory Board created by the expiration of the four-
year term of office of Randy Leftwich on November 30, 2008; whereupon, the Mayor
opened the floor for nominations:
Vice-Mayor Lea placed in nomination the name of LaJuan Thomas.
There being no further nominations, Ms. Thomas was appointed as a member of
the Human Service Advisory Board for a term ending November 30, 2012, by the
following vote:
FOR MS. THOMAS: Council Members Mason, Price, Rosen, Trinkle, Cutler,
Lea, and Mayor Bowers-7.
Inasmuch as Ms. Thomas is not a City resident, the Council waived the City
residency requirement in this instance.
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OATHS OF OFFICE-ARTS: Inasmuch as Thomas McKeon, a non-City resident,
was appointed at the regular meeting of the Council of the City of Roanoke on Monday,
July 20, 2009, as a member of the Roanoke Arts Commission to fill the unexpired term
of Kris Pedelty ending June 30, 2010, the Council waived the City residency
requirement in this instance.
PLANNING: The Council instructed the City Clerk to re-advertise a vacancy on
the City Planning Commission for a term ending November 30, 2012, which was
created by the resignation of Richard Rife. She advised that the deadline for receipt of
applications would be September 2, 2009.
There being no further business, the Mayor declared the meeting adjourned at
6:00 p.m.
APPROVED
ATTEST:
~M.~
Stephanie M. Moon, CMC
City Clerk
~~
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
August 17, 2009
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2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 17, 2009, at 2:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009.
PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle,
M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor
David A.Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend James D. Thomas, Pastor,
Raleigh Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
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 immediately for response, recommendation
or report to Co~ncil.
COMPLAINT-SCHOOLS: Chris Craft appeared before the Council and spoke
about City schools.
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COMPLAINT-YOUTH: Evelyn Bethel appeared before the Council and
expressed concern regarding the Inner-City Athletic Association not becoming a region
of its own as part of the Youth Athletic Council.
COMPLAINT-YOUTH: Helen Davis appeared before the Council and expressed
concern regarding the Inner-City Athletic Association not becoming a region of its own
as part of the Youth Athletic Council.
COMPLAINT-MISCELLANEOUS: Robert Gravely appeared before the Council
and cited scriptures.
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COMPLAINT-AMPHITHEATER: Colonel Robert Craig appeared before the
Council to request information regarding funding for the proposed amphitheater.
(See copy of transcription on file in the City Clerk's Office.)
Without objection, a copy of Colonel Craig's remarks was referred to the City
Manager and City Attorney for response~
COMPLAINT-YOUTH: Clay Dawson appeared before the Council and urged the
Council to allow Region I to continue to exist as is.
Steve Buschor, Director, Parks and Recreation, explained that the consolidation
of athletic groups had to do with the need for uniformity of procedures and policies for
the entire league. He added that for more than 30 years, the Youth Athletic Council has
been responsible for policy and procedures, securing coaches, etc. He stated that
during the process of negotiating with athletic groups, the Inner City Athletic Association
submitted a letter withdrawing from the process. He further stated that when this
occurred, the Youth Athletic Council moved forward to discuss procedures and policies;
and the Council waited to see what Inner City was going to do to try to give them an
opportunity to have a say in policies and procedures.
The City Manager remarked that she attended a meeting last week between the
Youth Athletic Council and Inner City; and she also indicated that if the City takes over
the responsibilities performed by the Youth Athletic Council, additional finances would
be needed.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by .one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to three requests for Closed Meetings.
'404
MINUTES: Minutes of the regular meeting of Council held on Monday, May 4,
2009, recessed meeting held on Thursday, May 7, 2009 and continued recessed
meeting held'on Monday May 11,2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
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Council Member Cutler moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Vice-Mayor Lea and adopted
by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
CITY PROPERTY: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss the disposition of publicly-owned
property, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3) ,
Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
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Council Member Cutler moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
LEASE: A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss the award of a public contract involving the
expenditure of public funds, and to discuss the terms of scope of such contract, where
discussion in an open session would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of
Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
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Council Member Cutler moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
CITY ATTORNEY: A communication from the City Attorney requesting that
Council convene in a Closed meeting to consult with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-
3711 (A)(7), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the City
Attorney to convene in Closed Meeting as above described. The motion was seconded
by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
BONDS: A communication from the Director of Finance requesting that Council
schedule a public hearing for Tuesday, September 8, 2009, at 2:00 p.m., or as soon
thereafter as the matter may be heard, authorizing the issuance of General Obligation
Public Improvement Bonds for various public improvement projects, was before the
body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the Director
of Finance as above described. The motion was seconded by Vice-Mayor Lea and
adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-D.
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OATHS OF OFFICE-ROANOKE ARTS COMMISSION-HOUSING AUTHORITY:
Reports of qualification of Thomas L. McKeon as a member of the Roanoke Arts
Commission to fill the unexpired term of Kris Pedelty ending June 30, 2010;
and Gilbert E. Butler Jr., as a Commissioner of the Roanoke Redevelopment and
Housing Authority, Board of Commissioners, for a term of three years ending August 31,
2012, were before the Council.
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(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
NORFOLK SOUTHERN CORPORATION-VIRGINIA TRANSPORTATION I
MUSEUM-GRANTS: A joint communication from Mayor David A. Bowers and Council
Member M. Rupert Cutler requesting authorization for the City Manager to reinstate
funds to the Greenway Commission; and to provide $25,000.00 in support of the Norfolk
Southern challenged grant for the Virginia Museum of Transportation.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that the City Manager be directed to disburse
$31,720.00 in connection with $6,720.00 for the City's share of payments to the
Greenway Commission for fiscal year 2009-2010; and $25,000.00 in response to the
Norfolk Southern challenge grant for the Virginia Museum of Transportation. The
motion was seconded by Council Member Mason.
Council Member Rosen expressed concern that the City's contingency fund was
too small and revenues were not strong enough to support the abovementioned
funding.
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Vice-Mayor Lea called attention to requests received from other organizations for
funding and asked the City Manager if others would be approaching the City for funding
during- the fiscal year; whereupon, the City Manager advised that two other regional
entities which might take a similar approach were The Roanoke Valley Convention and
Visitors Bureau and the Economic Development Regional Partnership, adding that the
City cut the same percentage of funding for said agencies as applied to the Greenway
Commission funding; and was of the opinion that other organizations would make
requests this year. She remarked that the State has used stimulus money to finish out
funding for last year for jails and social services needs, and furthermore, funding to local
organizations for next year would be even more challenging.
There being no additional comments by the Council, the motion made by Council
Member Cutler requesting that the City Manager disbursed the funds as mentioned
above and seconded by Council Member Mason was unanimously adopted.
BUDGET-GRANTS-VICTIM/WITNESS/JUROR PROGRAM: The
Commonwealth's Attorney submitted a written communication recommending
acceptance of the Victim/Witness Program Grant; and the City Manager submitted a
written communication concurring in the recommendation.
(For full text see communications on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38564-081709) A RESOLUTION authorizing acceptance of the Victim/Witness
Program Grant #10-P8554VW09 to the City of Roanoke by the Virginia Department of
Criminal Justice Services, and authorizing execution of any required documentation on
behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 429.)
Council Member Mason moved the adoption of Resolution No. 38564-081709.
The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
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(#38565-081709) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Victim Witness Program Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 430.)
Council Member Mason moved the adoption of Budget Ordinance No. 38565-
081709. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WESTERN VIRGINIA WORKFORCE DEVELOPMENT: The City
Manager submitted a written communication recommending acceptance of the Western
Virginia Workforce Development Board's Workforce Investment Program funding.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38566-081709) A RESOLUTION accepting the funding for the Western Virginia
Workforce Development Board's Workforce Investment Act (WIA) program, and
authorizing the City Manager to execute the requisite documents necessary to accept
the funding.
(For full text of resolution, see Resolution Book No. 73, page 431.)
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Council Member Mason moved the adoption of Resolution No. 38566-081709.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
(#38567-081709) AN ORDINANCE to appropriate funding from the Federal
government's American' Reinvestment and Recovery Act (ARRA) through the
Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 432.)
Council Member Mason moved the adoption of Budget Ordinance No. 38567-
081709. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
CITY GOVERNMENT-GRANTS-LANDMARKS/HISTORIC PRESERVATION:
The City Manager submitted a written communication recommending acceptance of
Virginia Department of Historic Resources Certified Local Government Grant to support
a three-day Window Restoration College Workshop.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38568-081709) A RESOLUTION authorizing the acceptance of a Certified
Local Government Grant from the Virginia Department of Historic Resources and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 434.)
410
Council Member Cutler moved the adoption of Resolution No. 38568-081709.
The motion was seconded by Vice-Mayor Lea.
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Council Member Rosen inquired if the request required a match from the City;
whereupon, the City Manager responded that it does not.
Council Member Cutler inquired as to how the homeowner would be chosen;
whereupon, Ms. Burcham responded that the recommendation would be made by the
City Manager.
There being no further questions and/or comments by the Council Members,
Resolution No. 38568-081709 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
GRANTS-CITY GOVERNMENT-LANDMARKS/HISTORIC PRESERVATION:
The City Manager submitted a written communication recommending acceptance of the
National Trust for Historic Preservation Grant to support a three-day Window I
Restoration College Workshop.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38569-081709) A RESOLUTION authorizing the acceptance of a Certified
Local Govemment Grant from the National Trust for Historic Preservation and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 435.)
Council Member Cutler moved the adoption of Resolution No. 38569-081709.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
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BUDGET-COMMUNITY PLANNING-POLICE DEPARTMENT: The City Manager
submitted a written communication recommending acceptance and appropriation of
funds in connection with the Office of Community Oriented Policing Services (COPS)
Hiring Recovery Program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38570-081709) A RESOLUTION authorizing acceptance of the COPS Hiring
Recovery Program funding made to the City of Roanoke by the American Recovery and
Reinvestment Act of 2009 (ARRA), and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 436.)
Council Member Mason moved the adoption of Resolution No. 38570-081709.
The motion was seconded by Council Member Cuter.
In response to an inquiry regarding the use of the federal stimulus money coming
to Roanoke, the City Manager stated that the three-year grant from the COPS program
would allow for the hiring of five police officers, and at the conclusion of the third year,
their employment will continue for a minimum of 12 additional months. She added that
that the increase in police officers would allow the Police Department to create a special
enforcement unit within the City's south side enforcement team for on-going efforts to
address recurring issues in identified areas of the City, similar to the enforcement team
located in the northwest section of the City.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38570-081709 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
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(#38571-081709) AN ORDINANCE to appropriate funding from the Federal
government's American Recovery and Reinvestment Act (ARRA) for the Office of
Community Oriented Policing Services (COPS) COPS Hiring Recovery Program
(CHRP) to provide funding for five (5) police officers for a period of three (3) years,
amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
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(For full text of ordinance, see Ordinance Book No. 73, page 437.)
Council Member Mason moved the adoption of Budget Ordinance No. 38571-
081709. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
BUDGET-GRANTS-POLlCE DEPARTMENT: The City Manager submitted a
written communication recommending acceptance and appropriation of funds in
connection with the "Virginia Services, Training, Officers, Prosecution Violence Against I
Women" (V-STOP) Grant.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following resolution:
(#38572-081709) A RESOLUTION authorizing acceptance of the V-STOP/ARRA
Grant made to the City of Roanoke by the Virginia Department of Criminal Justice
Services (DCJS), and authorizing execution of any required documentation on behalf of
the City.
(For full text of resolution, see Resolution Book No. 73, page 438.)
Vice-Mayor Lea moved the adoption of Resolution No. 38572-081709. The
motion was seconded by Council Member Price.
Vice-Mayor Lea expressed appreciation for the V-STOP grant to the City in
support of efforts to protect women from violent criminal activity. He stated that
message being sent was a positive one.
Council Member Price concurred in the Vice-Mayor's comment, adding that the I
more the City stays in front of the domestic violence problem and add resources, the
safer the community and children will be.
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There being no additional comments by the Council Members, Resolution No.
38572-081709 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
Council Member Lea offered the following budget ordinance:
(#38573-081709) AN ORDINANCE to appropriate funding from the Federal
government's American Recovery and Reinvestment Act (ARRA) through the
Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for their
Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP)
program, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 439.)
Council Member Lea moved the adoption of Budget Ordinance No. 38573-
081709. The motion was seconded by Council Member Price and adopted .by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
EQUIPMENT-LEASE: The City Manager submitted a written communication
recommending the execution of Amendment No.3 to the Intergovernmental Agreement
between the City of Roanoke and Roanoke County for the joint Public Safety Radio
System.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38574-081709) AN ORDINANCE authorizing the City Manager to execute
Amendment No. 3 to an Intergovernmental Agreement ("Agreement"), dated
December 17, 1997, with Roanoke County ("County") concerning the Regional 800 MHz
Trunking Radio System ("System"), upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 440.)
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Council Member Cutler moved the ad9ption of Ordinance No. 38574-081709.
. The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
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AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
ZONING-EQUIPMENT-SCHOOLS: The City Manager submitted a written
communication recommending authorization to file an application to amend the
Institutional Planned Unit Development District (INPUD) Plan for property located at
2815 Spessard Avenue, S. W., to allow for construction of a gymnasium at Grandin
Court Elementary School.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38575-081709) A RESOLUTION authorizing the filing of an application to
amend the INPUD, Institutional Planned Unit Development, plan on property which is
located at 2815 Spessard Avenue, S. W., owned by the City of Roanoke, and is I
designated as Official Tax No. 1640317.
(For full text of resolution, see Resolution Book No. 73, page 441.)
Council Member Trinkle moved the adoption of Resolution No. 38575-081709.
The motion was seconded by Council Member Cutler and adopted by the following vote:
. AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
SCHOOLS: The City Manager submitted a written communication
recommending execution of a Memorandum of Understanding between the City of
Roanoke and the Roanoke City School Board for purchase of motor fuels from the City.
Council Member Trinkle offered the following ordinance:
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(#38576-081709) AN ORDINANCE authorizing the City Manager to enter into a
Memorandum of Understanding between the City of Roanoke and the City of Roanoke
School Board pertaining to the Roanoke City Public Schools purchase of its motor fuels
from the City at dispensing facilities prpvided by the City; and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 442.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38576-
081709. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
EQUIPMENT-SCHOOLS: The City Manager submitted a written communication
recommending execution of a school playground Maintenance and Inspection
Agreement between the City of Roanoke and the Roanoke City School Board.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38577-081709) AN ORDINANCE authorizing the City Manager to execute a
playground maintenance and inspection agreement dated July 1, 2009, which will
supersede the Playground and Maintenance Inspection Agreement dated September 1,
2008, between the City of Roanoke and the School Board of the City of Roanoke, upon
certain terms and conditions; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 443.)
Council Member Mason moved. the adoption of Ordinance No. 38577-081709.
The motion was seconded by Council Member Price.
Council Member Mason asked that the City ensure that the playground
equipment was properly installed prior to the first day of school.
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The City Manager explained that the ordering and installing of the playground I
equipment was the responsibility of the school system, with the inspection of the
equipment for safety purposes being the responsibility of the City. She stated that there
is an issue with one of the playgrounds as to the amount of land that will be disturbed,
and the City has encouraged the schools to reduce the area of land so they would not
have to come into compliance with some stormwater requirements.
Council Member Trinkle commented that the Joint Services Committee met and
discussed the issue, and ultimately the agreement for the City to inspect and maintain
the Schools' equipment is a win/win and will work well. He further sated that the City
knows that the Schools will be having a lot of zoning requests and permitting, and that
while the rules need to be followed, the Committee agreed to try to help the Schools
achieve what needed to be done as quickly and efficiently as possible.
Ms. Burcham remarked that there was a volunteer effort at Fishburn on Saturday,
where the City had an inspector to come on site for the inspection so the School could
proceed; the City clearly feels that the schools are part of the City and the City wants
them to be successful; however, the City does not want to cut corners on safety.
Vice-Mayor Lea commented that the City needed to expedite the school needs
as soon as possible, adding that it is the Schools' responsibility to purchase and install
equipment, and the City has always been supportive of their efforts. He added that the I
City does not want the public to have the opinion that the City has dropped the ball, but
to understand that there are some things the City can not do legally until the Schools
have done their part.
There being no additional questions and/or comments by the Council Members,
Ordinance No. 38577-081709 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
COMMENTS BY CITY MANAGER:
CELEBRATIONS-SCHOOLS-CITY CODE: The City Manager stated that she
had the opportunity to go to Century Plaza on Friday for the Taste of Culture
Vietnamese Festival; the event reminded her of how rich the community is and how
blessed as a valley to have so many nationalities residing in the surrounding
neighborhoods. She added that each country who participates has their arms wide
open and wants to share from their culture and to be part of the Roanoke Valley.
Furthermore, she mentioned that as she visits city schools and sees the blend of I
children there from these countries, it tells her the future is very rich regarding the type
of community the Roanoke Valley will be in years to come.
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Mayor Bowers reminded the Council that Local Colors sponsors monthly Taste of
Culture lunches in Century Plaza -on the second Friday of each month that include
authentic food, dancing and displays; and on September 11, the event will feature
China. He added that on October 9, the event will feature Scandinavia.
CITY ATTORNEY:
CITY CODE-NUISANCE: The City Attorney submitted a written communication
recommending amendment of the City Code with regard to a graffiti abatement
ordinance.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38578-081709) AN ORDINANCE amending Section 21-25, Willful damaae to
or defacement of public private facilities, of Article I, In General. of Chapter 21,
Offenses-Miscellaneous, to conform the provisions of Section 21-25 with changes in
state enabling legislation; and dispensing with the second reading by title of this
ordinance.
I (For fulllext of ordinance, see Ordinance Book No. 73, page 444.)
Council Member Cutler moved the adoption of Ordinance No. 38578-081709.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: The Roanoke City School Board submitted a written
report requesting appropriation of funds to various program accounts; and The Director
of Finance submitted a written report recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
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(#38579-081709) AN ORDINANCE to appropriate funding from the Federal and
Commonwealth governments for various educational programs amending and
reordaining certain sections of the 2009-2010 School Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
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(For full text of ordinance, see Ordinance Book No. 73, page 447.)
Council Member Mason moved the adoption of Budget Ordinance No. 38579-
081709. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
(#38580-081709) A RESOLUTION requesting the U. S. Postal Service not to
close or consolidate post offices in the City of Roanoke.
(For full text of resolution, see Resolution Book No. 73, page 448.)
Council Member Cutler moved the adoption of Resolution No. 38580-081709.
The motion was seconded by Vice-Mayor Lea.
Council Member Rosen asked about the effect of the Resolution would have;
whereupon, the City Attorney replied that it would be considered by the Commission as
they study which branches to close.
Council Member Rosen asked that Council personally contact members of
Congress concerning the matter.
Mayor Bowers asked that Senators Warner and Webb be added to the resolution
as additional persons to contact regarding the matter.
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There being no additional questions and/or comments by the Council Members,
Resolution No. 38580-081709 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
MOTION AND MISCELLANEOUS BUSINESS:
SPORTS ACTIVITIES-CELEBRATIONS: The Vice-Mayor commented on the
annual "Pep Rally" celebration of the Western Virginia Football Classic that was held on
Friday, August 14 in Elmwood Park He added that the event included the William
Fleming High School drumline, the Patrick Henry cheer leaders, a welcome by the City
Manager, and remarks from the School Superintendent, School Board Chairman David
Carson, DRI and TAP representatives, students, alumni and other officials. He also
remarked that the game would be held on September 19 at 4:00 p.m., in Salem and the
cause is a worthy one because it has assisted the effort to bring 700 young people back
to school. Additionally, he commended the City Manager and City Council for their
support of the event, and there would be a 10 for 10 sale (10 tickets for $100.00).
Council Member Price reminded everyone about the Blessing of the Schools
sponsored by Congregation in Action, adding that Roanoke City Public Schools has a
lot to be commended for and celebrated, and encouraged everyone to come on August
30 at Patrick Henry High School at 4:00 p.m., to ask for safety, best wishes and
encouragement to the staff at Roanoke City Public Schools.
Mayor Bowers added that there was a Festival of India event on Saturday at
Elmwood Park, and that it was estimated 3,000 to 4,000 people were in attendance.
At 3:55 p.m., the Mayor declared the Council meeting in recess for a Closed
Meeting in the Council's Conference Room, Room 451.
At 6:01 p.m., the Council meeting reconvened in the Council Chamber, Room
450, with the Mayor Bowers presiding, with all Council Members in attendance.
420
COUNCIL: With the respect to the Closed Meeting just concluded, Council I
Member Mason moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
sec;:onded by Council Member Price and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
At 6:03 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building.
At 7:00 p.m., the Council meeting reconvened in the City Council Chamber,
Room 450, Noel C. Taylor Municipal Building with Mayor David A. Bowers presiding.
PRESENT: Council Members Anita J. Price, (arrived late), Court G. Rosen,
David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, (arrived late), Gwendolyn W.
Mason, and Mayor David A. Bowers-7.
ABSENT: None-O.
I
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer,
Assistant City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City
Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PUBLIC HEARINGS:
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421
EASEMENT: Pursuant to instructions by .the Council, the City Clerk having
advertised a public hearing for August 17, 2009, at 7:00 p.m., or as soon thereafter as
the matter may be heard, to consider a proposal of the City of Roanoke to grant a
conservation easement to the Virginia Outdoors Foundation and the Western Virginia
land Trust covering approximately 5,178 acres at the Carvin Cove Natural Reserve, the
easement consists of all the portion of the Reserve owned by the City between the
1,500 and 1,200 foot elevation contour line as depicted on the Daleville, Catawba,
Roanoke and Salem USGS Topographic Quadrangle Maps, the matter was before the
body,
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, August 10, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a Deed of Gift of Easement from the City of Roanoke to the
Virginia Outdoors Foundation and the Western Virginia Land Trust, subject to approval
as to form by the City Attorney. .
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38581-081709) AN ORDINANCE authorizing the proper City officials to
execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors
Foundation, and the Western Virginia Land Trust, granting to the Foundation and the
Trust a conservation easement covering approximately 5,178 acres at the Carvins Cove
Natural Reserve, such easement covering all the portion of the Reserve owned by the
City between the 1 ,500 and 1,200 foot elevation contour lines as depicted on the
Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 449.)
Council Member Cutler moved the adoption of Ordinance No. 38581-081709.
The motion was seconded by Council Member Mason.
Council Member Cutler congratulated the City of Roanoke staff on working with
the Virginia Land Trust and Virginia Outdoors Association to obtain the easement. He
pointed out that the easement would ensure that the Roanoke Valley would have a
continued clean water source; and Carvins Cove Natural Reserve is the watershed for
the principal source of water at Carvins Cove Reservoir and the area is the second
largest park in the United States.
422
The Mayor inquired if there were persons present who wished to speak in I
connection with the matter.
/
Janet Scheid, President, Virginia Outdoors Foundation, appeared before the
Council and spoke in support of the Deed of Gift of Easement.
Terry Hall, Manager of External Affairs, Appalachian Power Company, appeared
before the Council and requested that the Council reserve in the proposed Carvins
Cove conservation easement the right for the City to approve a right-of-way for
Appalachian to construct a new transmission line parallel and adjacent to the existing
765 and 345 k V transmission line rights-of way across the Carvins Cove property.
(See copy of written remarks on file in the City Clerk's Office.)
Roger Holnback, Executive Director, Western Virginia Land Trust, appeared
before the Council and spoke in support of the Deed of Gift of Easement from the City
of Roanoke. He also commended Mr. Hall on his remarks.
. Bill Modica appeared before the Council in support of the Deed of Gift of
Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the
Western Virginia Land Trust.
There being no further speakers, he declared the public hearing closed.
I
In response to remarks and an inquiry by Mr. Hall, Council Member Cutler
advised that the next easement consideration would be September 3 by the Board of
Trustees of the Virginia Outdoors Foundation and any proposed changes could be
made at said hearing in Charlottesville, Virginia, adding that Appalachian Power
Company could be represented at said meeting.
The City Attorney advised that the Virginia Outdoors Foundation may request a
change, but only the City Council can agree to any changes in the language and due to
the conditions of the easement, the Virginia Land Trust, Virginia Outdoors Foundation
and the City Council must all agree on any changes. He stated that this was the first
time he had heard of any potential changes in language, and advised that it was too late
to make a major change in the easement. He added that the public hearing had been
advertised, which would not provide citizens with enough time to express an opinion on
the change.
Council Member Mason stressed that it was important to do it right the first time
and asked the City Attorney if there was an easy solution to adding language to the
easement or would a future Council have to address the issue again; whereupon, the
City Attorney explained that once easement has been recorded, without the language I
suggested by Appalachian Power Company, the issue would have to be revisited at a
later date.
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There being no further questions and/or comments by the Council Members,
Ordinance No. 38581-081709 was adopted by the following vote with the understanding
that Appalachian Power Company could come back to a future Council and the Virginia
Land Trust and ask for permission to install power lines if needed:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-7.
NAYS: None-O.
OTHER BUSINESS:
CITY PROPERTY-ARCHITECTURAL REVIEW BOARD: A petition for appeal
filed by Kinzer and Carolyn Otterman appealing a decision of the Architectural Review
Board, which was rendered on July 9, 2009, that no Certificate of Appropriateness be
issued to remove the standing seam metal porch roof and replace the roofing material
with architectural shingles at 601 Allison Avenue, S. W., the matter was before the
Council.
(See Petition for Appeal on file in the City Clerk's Office.)
Mr. and Mrs. Otterman appeared before the Council in support of their petition for
appeal.
The Architectural Review Board submitted a written report recommending that
City Council affirm its decision to deny the issuance of a Certificate of Appropriateness
to permit the removal of the standing seam metal porch roof and installation of
architectural shingles.
(For full text, see report on file in the City Clerk's Office.)
Derrick Conduff, member, Architectural Review Board, appeared before the
Council in support of the Board's decision to deny the issuance of a Certificate of
Appropriateness.
424
Joel Richert appeared before the Council and spoke about the history of the Old
Southwest neighborhood. She mentioned that during the past year, half a dozen
owners have come before the Architectural Review Board with roof problems and were
denied replacement of metal porch roofs with shingle roofs; however, the frustrated
applicants found successful solutions with the help of the Board. She stated that
property owners residing in historic districts were subject to the same guidelines and the
City needed to support the property owners in doing the right thing. In closing, she
urged the Council to remand the matter back to the Board to work with the petitioner.
I
(See copy of written remarks on file in the City Clerk's Office.)
Following in-depth discussion of the issue by Members of the Council, based
upon the evidence (testimony and documents) presented to the Council at the hearing,
Council Member Rosen offered a motion that the decision of the City of Roanoke
Architectural Review Board on July 9, 2009, be reversed and that a Certificate of
Appropriateness be issued for the replacement of a standing seam metal porch roof
with 30-year architectural shingles, removal of hidden guttering, 'and installation of a
five-inch seamless guttering at 601 Allison Avenue, S. W., as set forth in the Application
for Certificate of Appropriateness on the grounds that the proposed installation and
location are architecturally compatible with the structures or historic landmarks in the
H-2 District. The motion was seconded by Council Member Cutler and adopted by the I
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
, Bowers-7.
NAYS: None-O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
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.
COMPLAINTS-SPORTS ACTIVITIES-YOUTH: The following individuals
appeared before the Council in connection with the merger of Inner-City Athletic
Association (ICAA) with Region I: Cynthia Allen, Jerome Stephens, Joe Ferrell, Kiann
Trent, Howard Highlander, Robert Gravely, Sandra Bond, Howard Tucker, Geraldine K.
Reid, and Clay Dawson.
(See copy of remarks transmitted by Cynthia Allen on file in the City Clerk's Office.)
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425
Having heard remarks from the speakers, Council Member Price noted that she
would abstain from voting on the issue inasmuch as her husband and son-in-law were
volunteer coaches with one of the recreation clubs in Region I of the Youth Athletic
Council.
Following discussion of the matter, Vice-Mayor Lea offered a motion for Council
to support the four-region plan as approved by the Youth Athletic Council. The motion
was seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Mason, and Vice-Mayor Lea-5.
NAYS: Mayor Bowers-1 .
(Council Member Price abstained from voting.)
There being no further business, the Mayor declared the meeting adjourned at
8:59 p.m.
APPROVED
ATTEST:
~ tr). h-)OhV
Stephanie M. Moon, CMd....
City Clerk
S)~Q rs;;r~-~~
David A. Bowers
Mayor
426
ROANOKE CITY COUNCIL-REGULAR SESSION
September 8, 2009
9:00 a.m.
The Council of the City. of Roanoke met in joint session with the Roanoke Civic
Center Commission on Tuesday, September 8, 2009, at 9:00 a.m., in Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers and Chairman Paul P Anderson presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6,
2009.
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert
Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), and Mayor
Davic.j A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk.
CIVIC CENTER COMMISSION MEMBERS PRESENT: Brownie Polly, Judy
Jackson, Dan Wooldridge, and Chairman Paul Anderson-4.
.. ABSENT: Commission Members John Cook, Thomas Pettigrew, and Thomas
Powers, Jr.-3.
Representing Roanoke Civic Center Commission: Chris Connolly, General
Manager, Global Spectrum; Robyn Schon, Assistant General Manager, Global
Spectrum; and June Woodward, Secretary to the Commission.
OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for Community
Development; Jim Grigsby, Assistant City Manager for Operations; and Melinda Mayo,
Public Information Officer.
Mayor Bowers welcomed everyone to the meeting.
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427
Comments by the Roanoke Civic Center Commission
Chairman Anderson gave opening remarks, expressing. appreciation to the
Council for the opportunity to provide an update regarding matters of mutual interest
and concern. He shared information regarding activities at the Civic Center and in
summary, commented on increase in shows/performances coming to Roanoke.
Additional comments were shared by Commission Members Jackson, Polly and
Wooldridge.
The General Manager reported that the months of May and June were positive
bringing in acts, such as Three Doors Down, Keith Urban, Sugarland and Jeff Dunham;
and contrary to trends, adding thatJuly and August were also strong.
Mr. Connelly pointed out that the vendor for the ticketing system had changed
from Tickets.com to New Era Tickets, as well as the staff is working with Front Row
Marketing and Sponsor Hounds to sell sponsorships and sign age for events.
Ms. Schon expressed appreciation for the opportunity to be a part of a great
organization.
Comments by Roanoke City Council
Council Member Mason inquired about parking at the Civic Center; whereupon,
the General Manager advised that parking continues to be a challenge, nevertheless,
the shuttle system is still working well. Council Member Mason also asked how well
Ovations was adjusting to the changes, whether or not other caters could utilize the
venue, and if alcohol could be served at events. Mr. Connolly replied that Ovations was
the sole provider of food and beverages for the Civic Center, but the provision is there
for other vendors to buyout Ovations to cater events, adding that the relationship
between Global Spectrum and Ovations was an excellent one.
After discussion with regard to the ABC license at the Civic Center, the City
Manager advised that the alcohol license remains at the facility and the same alcohol
restrictions and rules still apply to Ovations as it did with the previous food and
beverage company that occupied the Civic Center.
Council Member Cutler alluded to the parking problem at the Civic Center
resulted in the City spending approximately $3 million for a piece of property that was
not being utilized and inquired if the space could be used for parking purposes. The
City Manager advised that it would take a great deal of work to make the property
suitable for parking, and if the Council wished to use it, City staff would have to check
on the zoning of the property and a budget would have to be established to landscape
the area for parking.
428
The Mayor mentioned additional parking between the Hotel Roanoke and the I
Civic Center, suggesting the possibility of constructing a parking garage on the lot
behind the Performing Arts Theatre. Council Member Trinkle added that there has been
a decrease in citizen complaints regarding the shuttle service.
Council Member Cutler asked the General Manager about replacing broken
seats in the coliseum, the term revenue sharing, and how he felt about an amphitheater
in the area; whereupon, Mr. Connolly replied that replacement of seating was on the list
of capital projects, and those seats that presented safety issues have been replaced.
The Assistant City Manager for Operations interjected that additional funds have been
added to the capital account for the Civic Center to carry out projects such as repairs.
With regard to an amphitheater in an area, Mr. Connolly indicated that an
amphitheater would take shows away from the Civic Center, but could raise the concert
profile for the City.
At this time Council Member Price entered the meeting (9:51 a.m.)
Council Member Trinkle thanked the Commission and Global Spectrum for all
their hard work and commented that the Civic Center had a bright future. He also
inquired if the ABC license was owned by Global Spectrum and was told that the license
was held by the City, Glob~1 Spectrum and Ovations.
Discussions were held regarding the Broadway contract and the non-compete
clause with Mill Mountain Theater. The City Manager noted that the General Manager
was working with the theater, as well as Jam Theatricals to pass productions to the
theater that would not work at the Civic Center.
I
Being an advocate for amateur sports; Vice-Mayor Lea raised a question as to
what could be done to bring more college tournaments to the City. Mr. Connolly
advised that he and Mr. Wooldridge were working together to bring the Big South
Conference to Roanoke; met with Woody Deans to discuss the return of high school
basketball, and bids for women's volleyball, gymnastics, and cheerleading for next year.
Mayor Bowers spoke about successful events held at the Civic Center such as
high school graduations, Commonwealth Games, and Kiwanis Pancake Day. He asked
about the possibility of ice hockey returning to Roanoke. The General Manager replied
that ice hockey could happen with a good league and great ticket prices, indicating that
if the opportunity presents itself, they would look into it.
There being no further comments by the Council and the Civic Center
Commission, Mayor Bowers expressed appreciation to the Commission and
commended Mr. Connolly for the connections made during his brief tenure in the area.
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429
Chairman Anderson adjourned the Commission meeting at 10:09 a.m.
At 10:09 a.m., Mayor Bowers declared the Council meeting in recess.
At 10:15 a.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, Noel C. Taylor, Municipal Building, to consider various agenda items, Mayor
Bowers presiding, and all Members of the Council in attendance, with the exception of
Vice-Mayor Lea and Council Member Price.
COMMITTEES-COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Rosen and adopted by the following vote: .
AYES: Council Members Rosen, Trinkle, Cutler, Mason, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea and Council Member Price were not present when vote was recorded.)
COUNCIL: A joint communication from Council Members Gwen W. Mason,
Chair, and M. Rupert Cutler, Vice-Chair, City Council Personnel Committee, requesting
that Council convene in a Closed Meeting to discuss the award of a public contract
involving the expenditure of public funds, where discussion in open session would
adversely affect the bargaining position or negotiating strategy of the City Council,
pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended, was before
the body. '
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request to convene in
Closed Meeting as above described. The motion was seconded by Council Member
Rosen and adopted by the following vote: .
AYES: Council Members Rosen, Trinkle, Cutler, Mason, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea and Council Member Price were not present when vote was recorded.)
430
SCHOOLS-CITY COUNCIL: Joint meeting of Council and Virginia Western I
Community College Officials and City Representatives of the Board on Monday,
October 5, at 12:00 Noon. The Mayor requested that agenda items be submitted to the
City Clerk.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
HUMAN SERVICES-HEALTH DEPARTMENT: The Mayor requested an update
on the H1 N1 (Swine Flu). He instructed the City Manager to forward an advanced copy
regarding the H1 N1 virus and its community impact, the status of the H1 N1 vaccine,
and the Health Department's surveillance, mitigation and coordination efforts with
Roanoke City Schools and other service agencies.
The City Manager indicated that she would obtain information from the Health
Department. She stated that the Occupational Health Clinic is certified to administer "the
vaccines; however, the Clinic is waiting notification. She emphasized that the school
system is the primary focus.
At this point, Vice-Mayor Lea entered the meeting (10:20 a.m.)
I
The City Manager remarked that information would be forwarded to the Council
prior to the September 21 Council meeting; and if additional information is warranted,
she will provide the Council with a briefing on September 21 .
At this point, Council Member Price entered the meeting (10:22 a.m.)
(See copy of communication from Assistant to the City Manager dated September 17,
2009 on file in the City Clerk's Office.)
Western Viroinia Water Authoritv -Franklin County Membership:
Mike McEvoy and Gary Robertson, Co-Directors, Western Virginia Water
Authority, gave an overview in connection with a request for membership in the
Authority from Franklin County Board of Supervisors, as follows:
. Accomplishments in current service area
. Regional water and wastewater projects with Franklin County
. Financial look at the Franklin County water systems
. Regional approach to water sustainability
. Regional accomplishments
o Rate equalization
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431
o System investment
o Water supply management
o Regional partners
. Regional water and wastewater projects
. U.S. Route 220 water line project
. Westlake water and wastewater
. Scruggs Road water line
· Wastlake area water systems
. Future Franklin County water lines
· Water systems offer positive cash flow
. Working together
(See powerpoint presentation on file in the City Clerk's Office.)
Following dialogue regarding the request, the Council indicated its support for the
Water Authority to move forward with the process for inclusion of Franklin County to
become a member of the Authority.
Downtown Roanoke. Incorporation
Doug Waters, Interim Executive Director, Downtown Roanoke, Inc., gave an
update regarding the following:
· Background history and work of the organization
. Present events
. Downtown economic development
· Member benefits/service district services
· Revenue sources
· Current projects
· Market Square renovation project
(See copy of Mr. Water's comments on file in the City Clerk's Office.)
Council Member Trinkle questioned whether or not the $245,000.00 HUD grant
had been confirmed; whereupon, Mr. Waters responded in the affirmative, adding that
DRI was waiting to time out their renovations with Center in the Square's renovation;
DRI wanted to give the Market Square the same look and feel as changes that would be
made to the Market Building and Center in the Square.
The City Manager pointed out that no decision has been made to allow
construction equipment to be placed in the Market area; and furthermore, it may be
necessary to alter construction schedules inasmuch as the Market Square is a confined
space. She emphasized that the work needs to be done in the least disruptive way to
businesses and Market vendors.
432
Council Member Cutler questioned the kinds of things being considered in the I
renovation of Market Square. Mr. Waters shared that DRI was considering resurfacing
the parking area to look more like a public space, as well as upgrading and improving
the availability of electricity of water to the Market vendors, adding that they are
considering movable vendor stalls to make the square more versatile.
Leaf Collection
Skip Decker, Solid Waste Manager, shared information regarding the elimination
of loose leaf collection from the City's Leaf Collection Program. He gave an overview of
the 2009 Proposed Bagged Leaf Collection Program:
~ ~ ~. -
"
ROANOKE
.- ~ ~
2009
Proposed Bagged Leaf I
Collection Program
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FY 2009-10 Operating Budget
~L TERNATIVE LEAF DISPOSAL METHODS
~"
'-J',,; .'
. .
Mulch Mowing
I Composting I
Homeowner Disposal - "RVRA"
I Bagged Leaves I ..
#
Private Sector
I Community Resources I
/
433
434
I.-
+eViOUS Bagged Leaf Program
I
Contracted labor From Outside Sources
.- Proposed Bagged Leaf Program
Solid Waste Management Bulk Collection Crews
I
Utilize EXisting Labor Force - Alternating Leaf & Bulk Collection
Amount of Bags Per Collection
25 Plastic Bags Per Residence Per Collection Week
"Kraft" Paper Bags - No Limit
Disposal Fee $38.00 Per Ton
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I
Collected On Alternating Weeks
Beginning
Monday, November 16th
Ending
Friday, December 18th
Week Of:
November 16th
'November 23rd
November 30th
December 7th
December 14th
Collect:
Bagged Leaves / No Bulk
Bulk / No Bagged Leaves
Bagged Leaves / No Bulk
Bulk / No Bagged Leaves
Bagged Leaves / No Bulk
I
PROPOSED MEDIA RESOURCES
"Citizen" Magazine I
I Social Media I
I Radio Segments I
I "Lamar" Digital Billboards I
I Special "853-2000" Recording I
I Newspapers ,
Local TelevIsion Segments
11II
Neighborhood Organizations
)
I,RVTVI
Coordination With Local Hardware & Landscape Supply Retailers
I
435
436
Enforcement & Fees
I Strict enforcement for loose leaves placed at the curb I
Enforcement for bulk items & bagged leaves not in compliance
After 24 Hour Removal Notice:
Those found in violation will be charged
Contractor's Fee + $100
..
ROANOKE
5011IlWAS'FMAf'.I,O.(,I'....f'OT
Code Amendments
· Solid Waste Management chapter of the City Code
· Code amendments needed to account
for programmatic change
~
· Definitions, Placement and Collection Requirements
Council Member Rosen raised the concern that citizens may continue to rake
leaves into the street. The City Manager stated that the City would continue to collect
loose leaves for a nominal fee to the resident.
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437
Council Member Trinkle asked about the enforcement of compliance for those
who rake leaves into the street. Inasmuch as the Bagged Loose Leaf Program was
being instituted this fiscal year, Council Member Mason encouraged the City
administration to be light-handed with fines during this year, emphasizing that
community outreach is important. The City Manager stated that if the Council desired,
the City Code could be amended to eliminate the $100.00 for loose leaf collection;
however, the contractor fee for removal of solid waste from the right-of-way should not
be waived.
Following further discussion of the matter, Council Member Mason offered a
motion that the City Code be amended to eliminate the $100.00 administrative
processing fee for loose leaves improperly deposited in City rights-of-way this leaf
season, in connection with loose leaves improperly deposited in City rights-of-way. The
motion was seconded by Council Member Trinkle.
Council Member Trinkle asked that the timeframe for compliance following proper
notification be changed from 24 hours to 72 hours, be a part ofthe motion.
There being no further discussion, the motion, properly seconded to eliminate the
$100.00 administrative processing fee for loose leaves improperly deposited in City
rights-of-way, during this leaf season, with the timeframe for compliance following
proper notification be changed from 24 hours to 72 hours, was unanimously adopted.
The City Manager noted that the matter would be placed on the September 21
Council agenda for official action.
Virainia Municipal League Annual Conference
Melinda Mayo, the City's Public Information Officer, highlighted City-sponsored
activities for 2009 VML Annual Conference at The Hotel Roanoke and Conference
Center.' She announced that the latest count from VML for attendees was 683, which
included delegates, spouses, exhibitors, non-member registrations, speakers and staff.
(See outline of activities on file in the City Clerk's Office.)
Proposed Museum Mural
The City Manager gave a brief presentation on the proposed Museum Mural on
the retaining wall near the Taubman Museum of Art on the Williamson Road side.
(See copy of art work on file in the City Clerk's Office.)
438
Strategic Planning Session
I
The City Manager shared information on the need for a Strategic Planning
Retreat regarding the Council's priorities and goals; and encouraged the Council to set
goals for the City as well as identify their priorities as a Council of the Whole.
The Council acknowledged the need for said action, but it was stated that the
current time was not doable to address such matters, adding that the matters should be
addressed with the new City Manager and City Council in 2010.
At 1 :30 p.m., the Mayor declared the meeting in recess for a Closed Meeting to
be reconvened at 2:00 p.m. in the Council Chamber.
At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members, Court G. Rosen, David B. Trinkle M. Rupert
Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A. Bowers-6.
ABSENT: Council Member Anita J. Price-1.
The Mayor declared the existence of a quorum.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Tina R. Cox, Pastor, Wesley
Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
PRESENTATIONS AND ACKNOWLEDGEMENTS: The Mayor declared Friday,
September 11, 2009 as Hokie Pride Day. He presented a ceremonial copy of the
proclamation to Brian Wilson, President, Roanoke Valley Hokie Club.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PRESENTATIONS AND ACKNOWLEDGEMENTS: The Mayor declared
Saturday, September 12, 2009 as Seat Check Saturday, and September 12 - 18, 2009
as National Child Passenger Safety Week. He presented a ceremonial copy of the
proclamation to Joe Gaskins, Chief of Police.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
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439
PRESENTATIONS AND ACKNOWLEDGEMENTS-BICYCLIST: The Mayor
declared September 13 - 20, 2009 as Virginia Cycling and Pedestrian Awareness
Week. He presented a ceremonial copy of the proclamation to Jeanne Duddy, Blue
Ridge Bicycle Club; Jeremy Homes, BikeWalk, Roanoke Chapter President, and David
Harrison, Bicycling Friend Roanoke, Committee Chair.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PRESENTATIONS AND ACKNOWLEDGEMENTS: The Mayor declared
September 17 - 23, 2009 as Constitution Week. He presented a ceremonial copy of the
proclamation to Annie Marie Griffin, Historian, Roanoke Valley Chapter-NSDAR.
PRESENTATIONS AND ACKNOWLEDGEMENTS: The Mayor read into the
record a proclamation in support of the Veteran Govemment Bond, Stamp and Coin
Program.
(See copy of proclamation on file in the City Clerk's Office.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
BONDS: Colonel Robert Craig, appeared before the Council and spoke about
best practices regarding the issuance of bonds.
SCHOOLS: Helen Davis, appeared before the Council to continue expressing
her concern regarding the closing of public schools in the inner-City community.
YOUTH-RECREATION: Evelyn Bethel, appeared before the Council and
reiterated her concern regarding youth athletes having to journey outside of the City of
Roanoke in order to participate in sports.
YOUTH-RECREATION: Robert Gravely, appeared before the Council and
reiterated his concern regarding ICAA becoming a participate in the Region I as
required by the Youth Athletics Council.
STATE HIGHWAYS: Margaret Scott, 1317 10th Street, N. W , appeared before
the Council to request clarification concerning the 10th Street Widening Project. She
inquired about the demolition of various homes on 10th Street by the Department of
Transportation.
440
CONSENT AGENDA
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The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion were
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor advised that Item C-2 would be withdrawn inasmuch as the
request by the City Attorney for a Closed Meeting was not necessary.
MINUTES: Minutes of the regular meetings of Council held ~:m Monday, May 18,
2009; and June 1, 2009; and Monday June 15, 2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Cutler and
adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
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CITY ATTORNEY: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to section 2.2-
3711 (A)(7) , Code of Virginia (1950), as amended. Request was withdrawn.
HUMAN SERVICES-COMMITTEES-OATHS OF OFFICE: A communication from
the City Clerk advising of the resignation of Dale Anthony Edmonston as a member of
the Human Services Advisory Board, effective immediately.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Council Member Cutler and
adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
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(Council Member Price was absent.)
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441
OATHS OF OFFICE-PENSION PLAN: Reports of qualification of the following
individuals were before the Council:
Lajuan Thomas as a member of the Human Services Advisory Board for a
term ending November 30, 2012;
The Reverend William L. Lee as a member of the Personnel and
Employment Practices Commission for a term of three years ending
June 30, 2012; and
Marlene M. Preston as a member of the Roanoke Public Library Board for
a term of three years ending June 30, 2012.
(See Oaths of Affirmations of Office on file in the City Clerk's Office.)
Council Member Mason moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Cutler and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:
BONDS: Pursuant to instructions by the Council, the City Clerk having advertised
a public hearing for Tuesday, September 8, 2009, or as soon thereafter as the matter
may be heard, to receive public comments with regard to authorizing the City to contract
a debt and issue general obligation public improvement bonds of the City (and in
anticipation of the issuance of any such bonds to issue general obligation public
improvement bond anticipation notes of the City), in the principal amount of
$13,945,000.00 for the purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement, equipping,
rehabilitation and repair of various capital improvement projects and the acquisition and
installation of various capital equipment projects of and for the City for the purposes and
in the amount as abovedescribed; provided that, if any purpose as set forth in the notice
shall require less than the entire respective amount, the difference may be applied to
any of the other purposes. public improvement projects, the matter was before the body.
442
Legal advertisement of the public hearing was published in The Roanoke Times I
on Tuesday, August 25, 2009; and Tuesday, September 1, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization of bond issuance and appropriation of funds for capital projects.
(For full text, see communication on file in the City Clerk's Office.)
(#38582-090809) A RESOLUTION authorizing the issuance of Thirteen Million,
Nine Hundred Forty-Five Thousand Dollars ($13,945,000.00) principal amount of
General Obligations of the City of Roanoke, Virginia, in the form of General Obligation
Public Improvement Bonds of such City, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for such City;
fixing the form, denomination and certain other details of such bonds; providing for the
sale of such bonds; authorizing the preparation of a Preliminary Official Statement and
an Official Statement relating to such bonds and the distribution thereof and the
execution of a certificate relating to such Official Statement; authorizing the execution
and delivery of a continuing disclosure certificate relating to such bonds; authorizing and
providing for the issuance and sale of a like principal amount of General Obligation I
Public Improvement Bond Anticipation Notes in anticipation of the issuance and sale of
such bonds; delegating to the City Manager and the Director of Finance certain powers
with respect to the sale and determination of the details of such bonds and notes; and
otherwise providing with respect to the issuance, sale and delivery of such bonds and
notes.
(For full text of resolution, see Resolution Book No. 73, page 451.)
Council Member Cutler moved the adoption of Resolution No. 38582-090809.
The motion was seconded by Council Member Trinkle.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter.
Colonel Robert Craig appeared before the Council and expressed concern about
the process for citizen comment.
Evelyn Bethel appeared before the Council and spoke about the amount of funds
recommended as part of the Parks and Recreation Master Plan. She urged the Council
to defer action on the parks and recreation items as they pertain to improvements for
Washington Park.
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For clarification purposes, Council Member Mason asked the City Manager to
explain the actions being requested by the Council concerning the issuance of debt up
to $13 million for projects that have been identified for appropriation of funds as well as
$5.9 million for future debt that might include projects such as Countryside or
Washington Park Pool improvements. The City Manager responded in the affirmative,
adding that a public meeting is scheduled to be held on September 24 to discuss the
Washington Park improvements as requested by Council Member Price during a
previous briefing session of Council, with a report back to Council.
Discussion ensued concerning the purpose for a public hearing on debt to be
incurred by the City. The City Manager pointed out that the Resolution stated an
amount yet unspecified for specific projects that are in the broad category of Parks and
Recreation Master Plan, noting that there in excess of $30 million for capital needs in
the broad category of Parks and Recreation as outlined in the Parks and Recreation
Master Plan. Ms. Burcham emphasized that although spoken about, the Council was in
no way obligated to fund the Washington Park improvements or Countryside projects in
the future inasmuch as those were discussions that the Council would have at a future
date. For further clarification, she indicated that the Director of Finance does not intend
to issue all of the debt, only the debt as specific projects are identified rather than
revisiting the matter on the issuance since the City has to prepare certain documents in
order to go to the bond market; therefore, the City looks at the total amount of debt that
was in approved in the Capital Improvement Plan, which is amount is stated in the
proposed resolution.
In referencing the Washington Park project, Countryside and the amphitheater,
Council Member Mason reiterated her reluctance in support of new capital projects
which have been deemed not to be the City's strong suit of maintaining its facilities.
Robert Gravely appeared before the Council and spoke about the proposed
amenities to Washington Park.
Doug Waters, Interim President, Downtown Roanoke, Inc., appeared before the
Council in support of the bond issue for debt service.
Joyce Waugh, Executive Director, Roanoke Regional Chamber of Commerce,
appeared before the Council in support of the bond issuance.
Council Member Rosen asked for further clarification of the purpose of the
proposed resolution; whereupon, the Director of Finance stated that the State Code
permits the Council to authorize the issuance of. debt, and if preferred, the City could
wait until it issues debut to setup projects and then following the sale of bonds create
budgets to reflect the sale of those bonds. She also pointed out that the budget
ordinance has the distinction of creating the project budget to allow the City move.
forward on projects.
444
There being no additional questions and/or comments by the Council Members, I
Resolution No. 38582-090809 was adopted by the following vote:
A YES: Council Members Trinkle, Cutler, Lea, and Mayor Bowers-4.
NAYS: Council Members Rosen and Mason-2.
(Council Member Price was absent.)
Council Member Cutler offered the following budget ordinance:
"AN ORDINANCE to appropriate funding to be provided by the Series 2010
Bonds to the Roanoke River Flood Reduction, Parks and Recreation Master Plan,
Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and Sidewalk
projects, amending and reordaining certain sections of the 2009-2010 Capital Projects
and Amphitheater Funds Appropriations and adding a certain section to such
Appropriations and dispensing with the second reading by title of this ordinance."
Council Member Cutler moved the adoption of the budget ordinance. The motion
was seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, and Mayor Bowers-4.
NAYS: Council Members Rosen and Mason-2.
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(Council Member Price was absent.)
The City Attorney noted that since the budget ordinance requires a vote of five
affirmative votes, the measure was defeated. Mayor Bowers suggested that the
ordinance be reintroduced with the omission of the phrase "to dispense with a second
reading". The City Attorney' pointed out that if the ordinance carries without the
abovementioned phrase, it would have be laid over for adoption on its second reading
at the next regular meeting of Council on Monday, September 21 , 2009.
Council Member Cutler offered the following budget ordinance, as amended:
(#38583) AN ORDINANCE to appropriate funding to be provided by the Series
2010 Bonds to the Roanoke River Flood Reduction, Parks and Recreation Master Plan,
Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and Sidewalk
projects, amending and reordaining certain sections of the 2009-2010 Capital Projects
and Amphitheater Funds Appropriations and adding a certain section to such
appropriations.
(For full text of ordinance, see Ordinance Book No. 73, page 477.)
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Council Member Cutler moved the adoption of Budget Ordinance No. 38583, as
amended. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, and Mayor Bowers-4.
NAYS: Council Members Rosen and Mason-2.
(Council Member Price was absent.)
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-TRAFFIC: The City Manager submitted a written communication
recommending acceptance of the Department of Motor Vehicle Traffic Safety Grant.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38584-090809) A RESOLUTION accepting the Department of Motor Vehicles
Traffic Safety Grant to the City from the Commonwealth of Virginia's Department of
Motor Vehicles, and authorizing execution of any required documentation on behalf of
the City.
(For full text of resolution, see Resolution Book No. 73, page 466.)
Council Member Trinkle moved the adoption of Resolution No. 38584-090809.
The motion was seconded by Council Member Rosen.
Council Member Rosen emphasized that the DMV grant be used to allow officers
to concentrate on DUI enforcements, instead of stopping motorists for speeding.
446
There being no additional comments by the Council Members, Resolution No. I
38584-090809 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price 'was absent.)
Council Member Trinkle offered the following budget ordinance:
(#38585-090809) AN ORDINANCE to appropriate funding from the U.S.
Department of Transportation through the Commonwealth of Virginia Department of
Motor Vehicles for a multi-purpose highway safety grant (Driving Under the Influence,
Aggressive Driver, and Motor Vehicle Occupant Protection), amending and reordaining
certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 467.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38585- I
090809. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
DONATIONS/CONTRIBUTIONS-POLICE: The City Manager submitted a written
communication recommending a donation of four vehicles from the United States
Marshals Service for use by the Police Department.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
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(#38586-090809) A RESOLUTION authorizing acceptance of a donation of
vehicles awarded to the Roanoke City Police Department by the United States Marshals
Service, and authorizing execution of any and all necessary documents to accept the
funds.
(For full text of resolution, see Resolution Book No. 73, page 468.)
Council Member Mason moved the adoption of Resolution No. 38586-090809.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
CITY CODE-REFUSE COLLECTION: The City Manager submitted a written
communication recommending an amendment of the City Code to revise Chapter 14.1,
Solid Waste Manaaement, in order to eliminate loose leaf collection within the City.
I (For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following ordinance:
(#38587 -090809) AN ORDINANCE amending and reordaining Section 14.1-1,
Definitions, Section 14.1-15, General container reauirements, Section 14.1-17,
Placement of brush. bulk brush. lawn rakinas and loose leaves for collection bv the city,
Section 14.1-21, Certain solid waste not to be collected-Generallv, and Section
14.1-23, Placement and collection of bulk items. brush and loose leaves, of Chapter
14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 469.)
Vice-Mayor Lea moved the adoption of Ordinance No. 38587-090809. The
motion was seconded by Council Member Rosen.
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Council Member Mason announced that previous funding that supported loose
leaf collection was removed form the City's fiscal year 2010 operating budget as part of
the overall budget balancing effort; and therefore, all leaves collected by citizens for
removal and disposal by the City must be placed in either an automated collection
container or plastic bags or recycling paper bags which are secured against spilling; and
such bagged leaves will be removed by the City during leaf season.
448
There being no additional comments by the Council Members, Ordinance No. I
38587 -090809 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
ECONOMIC DEVELOPMENT-LEASES: The City Manager submitted a written
communication recommending execution of Amendment No. 1 to the Performance
Agreement between the City, Roanoke Hotel Group, LLC, and the Economic
Development Authority of the City of Roanoke, to allow a six month time extension.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38588-090809) AN ORDINANCE approving a requested time extension and
authorizing the proper City officials to execute an Amendment No. 1 to a Performance
Agreement dated September 20, 2007, among the City of Roanoke, (City), the I
Economic Development Authority of the City of Roanoke, Virginia, (EDA), and the
Roanoke Hotel Group, LLC, (RHG), which Amendment will provide for a time extension
concerning certain obligations of RHG under such Performance Agreement; authorizing
the City Manager to take such actions and execute such documents as may be
necessary to provide for the implementation, administration, and enforcement of such
Amendment No. 1 to the Performance Agreement and of the Performance Agreement
itself; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 473.)
Council Member Cutler moved the adoption of Ordinance No. 38588-090809.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
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BUDGET-GREENWAY SYSTEM: The City Manager submitted a written
communication recommending consolidation of Roanoke River Greenway
Enhancement Grant funds and associated revenues; and transfer of funds between
greenway capital accounts in order to correct Council action pertaining to Budget
Ordinance No. 38438-050409 adopted on May 4, 2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following budget ordinance:
(#38589-090809) AN ORDINANCE to transfer funding from the Comprehensive
Greenway Trail project to the Roanoke River Greenway/Tinker Creek Bridge project,
amending and reordaining certain sections of the 2009-2010 Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 474.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38589-
090809. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
COMMENTS BY CITY MANAGER:
LIBRARIES: The City Manager shared that in response to Colonel Craig's
comment under Item No. 3 - Hearing of Citizens Upon Public Matters section of the
agenda, the Department of Finance researched his claim and discovered that on April
17, 2006, a public hearing was held and City Council voted to move funds from the
Victory Stadium project to funding for the.Library Master Plan.
Council Member Cutler commented that, at the time, the Library Master Plan had
just been adopted and there was consensus among the Council for the decision based
on adoption of the plan.
450
CITY CLERK:
CITY CLERK-CITY EMPLOYEES: The City Clerk submitted a written
communication requesting concurrence of Council in the appointment of Jonathan E.
Craft as Deputy City Clerk.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following resolution:
(#38590-090809) A RESOLUTION confirming the appointment of Jonathan E.
Craft as the Deputy City Clerk, effective September 8, 2009.
(For full text of resolution, see Resolution Book No. 73, page 475.)
Council Member Rosen moved the adoption of Resolution No. 38590-090809.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None":O.
(Council Member Price was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the Fiscal Year 2009
Unaudited Financial Statement.
(For full text, see financial statement on file in the City Clerk's Office.)
The Director of Finance highlighted revenues and expenditures for the past fiscal
year.
(See copy of powerpoint presentation on file in the City Clerk's Office.)
Without objection by the Council, Mayor Bowers advised that the Fiscal Year
2009 Unaudited Financial Statement would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
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451
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
VIRGINIA MUNICIPAL LEAGUE: Council Member Mason offered the following
resolution designating Vice-Mayor Sherman P. Lea as the Voting Delegate and Council
Member Court G. Rosen as the Alternate Voting Delegate for the Annual Business
Session of the Virginia Municipal League; and the City Manager as Staff Assistant for
any meetings of the Urban Section, in connection with the Annual Virginia Municipal
League Conference to be held during the League's 2009 Annual Conference scheduled
for October 18 - 20, 2009 in Roanoke, Virginia:
(#38591-090809) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session and meetings of the Urban Section of
the Virginia Municipal League and designating a Staff Assistant for any meetings of the
Urban Section.
(For full text of resolution, see Resolution Book No. 73, page 476.)
Council Member Mason moved the adoption of Resolution No. 38591-090809.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was absent.)
At this point, Mayor Bowers left the meeting (4:07 p.m.)
MOTIONS AND MISCELLANEOUS BUSINESS:
RECREATION-EASEMENTS: Council Member Cutler advised that the Carvins
Cove Conservation Easement was accepted at the September 3 Board of Trustees
meeting for the Virginia Outdoors Foundation; and inquired of the City Attorney if the
easement had been recorded. The City Attorney stated that the baseline report had to
be completed first; however, the deed would be recorded on September 10 or
September 11 .
452
CITY MANAGER-CITY COUNCIL: With regard to the search for a new City
Manager, Council Member Cutler announced that he had been asked to work with the
executive search firm who would lead the process, adding that the Council had selected
a firm and the Human Resources Director would notify the vendor and work out a
contract. He further stated that the executive search services would be an agenda item
at the September 21 Council meeting. He noted that the Council would be meeting on
September 16 to discuss the City Manager search process and would develop a
statement to help the vendor understand the City's criteria for a new City Manager.
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WESTERN VIRGINIA LAND TRUST: Council Member Mason announced that
the Western Virginia Land Trust will hold its fall Conservation Celebration on Sunday,
September 13 from 4:00 p.m. - 7:00 p.m., on the campus of Hollins University; and that
Governor Tim Kaine will accept the A. Victor Thomas Environmental Stewardship
Award for his commitment to open space preservation in Virginia.
At 4:29 p.m., the Vice-Mayor declared the Council meeting in recess for
continuation of a Closed Meeting in the Council's Conference Room, Room 451.
At 4:49 p.m., the Council meeting reconvened in the Council Chamber, Vice-
Mayor Lea presiding and all Members of the Council in attendance, with the exception
of Council Member Price and Mayor Bowers.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member I
Mason moved that each member of City Council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters were identified in any motion by which any Closed meeting was
convened were heard discussed or considered by City Council. The motion was
seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Mason and Vice-Mayor Lea -5.
NAYS: None-O.
(Mayor Bowers and Council Member Price were absent.)
OATHS OF OFFICE-HOUSING (FAIR HOUSING BOARD): The Vice-Mayor
called attention to a vacancy on the Fair Housing Board created by the,expiration of the
three year term of office of Elizabeth Stone on March 31,2009; whereupon, he opened
the floor for nominations.
The name of Marie E. Green was placed in nomination.
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There being no further nominations, Ms. Green was appointed as a member of
the Fair Housing Board for a term ending March 31, 2012, by the following vote:
FOR MS. GREEN: Council Members Rosen, Trinkle, Cutler, Mason, and Vice-
Mayor Lea-5.
(Mayor Bowers and Council Member Price were absent.)
OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The
Vice-Mayor called attention to the expiration of the three-year term of office of Clarice
Walker as a member of the Roanoke Neighborhood Advocates on June 30, 2009;
whereupon, he open the floor for nominations.
The name of Karena J. Clinton was placed in nomination.
There being no further nominations, Ms. Clinton was appointed as a member of
the Roanoke Neighborhood Advocates for a term ending June 30, 2012, by the
following vote:
FOR MS. CLINTON: Council Members Rosen, Trinkle, Cutler, Mason and Vice-
Mayor Lea-5.
I (Mayor Bowers and Council Member Price were absent.)
OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD: The Vice-Mayor
called attention to expiration of the three year term of office of JoAnn Edmunds as a
member of Youth Services Citizen Board on May 31, 2009; whereupon, he opened the
floor for nominations.
The name of Heather R. Gerbus; was placed in nomination.
There being no further nominations, Ms. Gerbus was appointed as a member of
the Youth Service Citizen Board for a term ending May 31,2012, by the following vote:
FOR MS. GERBUS: Council Members Rosen, Trinkle, Cutler, Mason and Vice-
Mayor Lea-5.
(Mayor Bowers and Council Member Price were absent.)
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OATHS OF OFFICE ROANOKE CIVIC CENTER COMMISSION: The
Vice-Mayor called attention to the expiration of the three-year terms of office of
Thomas G. Powers, John Cook, and Judy Jackson as members of the Roanoke Civic
Center Commission on September 30, 2009, noting that inasmuch as Mr. Powers has
served three consecutive terms of office, he is not eligible for reappointment;
whereupon, he open the floor for nominations.
454
The name of Judy Jackson was placed in nomination.
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There being no further nominations, Ms. Jackson was reappointed as a member
of the Roanoke Civic Center Commission for a term of three years ending
September 30, 2012, by the following vote:
FOR MS. JACKSON: Council Members Rosen, Trinkle, Cutler, Mason, and Vice-
Mayor Lea-5.
(Mayor Bowers and Council Member Price were absent.)
OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: The Vice-
Mayor called attention to the expiration of the term of office of Vickie H. Bibee as a
Director of the Economic Development Authority of the City of Roanoke on October 1,
2009; whereupon, he opened the floor for nominations.
The name of Vickie H. Bibee was placed in nomination.
There being no further nominations, Ms. Bibee was reappointed as Director of
the Economic Development Authority of the City of Roanoke for a term of four years
ending October 20, 2012, by the following vote:
FOR MS. BIBEE: Council Members Rosen, Trinkle, Cutler, Mason, and Vice- I
Mayor Lea-5.
(Mayor Bowers and Council Member Price were absent.)
The City Attorney was instructed to prepare the proper measure reappointing Ms.
Bibee as a Director of the Economic Development Authority of the City of Roanoke for a
four year term of office. '
There being no further business, the Vice-Mayor declared the Council meeting
adjourned at 4:51 p.m.
APPROVED
ATTEST:
~:...,; In M~
Stephanie M. Moon, ~C
City Clerk
L~L
Sherman P. Lea
Vice-Mayor
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PERSONNEL COMMITTEE - ROANOKE CITY COUNCIL
September 16, 2009
7:00 a.m.
A meeting of the City Council Personnel Committee was called to order on
Wednesday, September 16, 2009, at 7:00 a.m., in the Council Chamber, fourth floor of
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman
Gwendolyn W. Mason presiding.
PRESENT: Council Members David A. Bowers, M. Rupert Cutler, Sherman P.
Lea, Anita J. Price, Court G. Rosen, David B. Trinkle and Chairman Gwendolyn W.
Mason-7.
ABSENT: None-O.
OFFICERS PRESENT: Stephanie M. Moon, City Clerk; William M. Hackworth,
City Attorney; and Ann H. Shawver, Director of Finance.
Chairman Mason advised that the purpose of the meetings is to meet with the
consultant, Colin Baenziger of Colin Baenziger and Associates, to receive information
about the recruitment and selection process, schedule for hiring a City Manager, and
associated items. She added that no public input would be invited at that time.
Vice Chair Cutler shared information pertaining to the consultant. He
commented that Colin Baenziger has personally conducted over 100 executive
searches for cities and counties, and formerly served as the City Manager of Wellington,
Florida.
Vice-Chair Cutler asked Mr. Baenziger what he hoped to accomplish at the
2:00 p.m. meeting with the media; whereupon, Mr. Baenziger advised that he would
give an overview of the process, answer questions, and ask the media to maintain
confidentiality throughout the process to find the best candidate for City Manager of
Roanoke.
Vice-Chair Cutler inquired as to how many candidates would be interviewed;
whereupon, Mr. Baenziger replied five.
Council Member Trinkle welcomed Mr. Baenziger to Roanoke and inquired if all
the candidates will be previous City Managers or be open to candidates from other
backgrounds; whereupon, Mr. Baenziger replied in the affirmative.
456
Council Member Trinkle also inquired how the current economy would affect the
search process. Mr. Baenziger advised that the economy is beginning to turn around
and may not affect the process at all.
I
Council Member Trinkle asked if Mr. Baenziger would guide the Council in
matters of confidentiality; whereupon, Mr. Baenziger replied in the affirmative.
Council Member Trinkle encouraged Mr. Baenziger to allow the candidates to
answer questions during the public reception. Mr. Baenziger commented that if that is
the consensus of the Council, then he would respect !heir wishes.
Council Member Rosen commented that considering non-typical candidates may
be an opportunity to translate their abilities and inquired how Mr. Baenziger would
recruit those persons. Mr. Baenziger advised that in the past, he has used ads on
Monster.com and has found potential candidates during the selection process, but no
one from the private sector has been chosen.
Council Member Price inquired about the importance of public opinion during the
recruiting process; whereupon, Mr. Baenziger replied that public input was important
and he anticipates good feedback from the public.
Vice-Chair Cutler asked the Director of Finance to comment as to the financial I
abilities of the candidates; whereupon, Ms. Shawver advised that based upon where the
City is financially, the Council may want to assess the candidate's potential to steer a
City through challenging fiscal times both operating and capital budgets.
Mayor Bowers stressed the importance of having someone that knows and
respects Virginia government.
Council Member Trinkle commented that Virginia is a Dillon Rule State and the
candidates should be familiar with the processes of the Virginia General Assembly and
asked when the new City Manager would begin work. Mr. Baenziger advised that the
new City Manager would be chosen in December to begin working in mid-February
2010 in order to allow for some time with the current City Manager.
Vice-Chair Cutler inquired how the consulting firm approached the' issues of
gender and racial diversity; whereupon, Mr. Baenziger advised that the firm has a
standard set of advertising sources and outreach, includin'g the effort to diversify
potential candidates.
Council Member Rosen inquired as to how the firm would differentiate the
candidates that may want to use the position as a stepping stone to a larger location
versus someone that would be committed to the community. Mr. Baenziger advised
that a condition of the search criteria is that the person must be in their previous position
for at least five years.
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Vice-Chair Cutler inquired if Mr. Baenziger planned to meet with City staff;
whereupon, Kelj Greer, Director of Human Resources, commented that the meeting
was scheduled for 3:30 p.m., with Mr. Baenziger speaking to the group at large and
asking for questions and honest feedback.
Chairman Mason thanked Ms. Greer for her efforts and asked for a recap of the
meetings scheduled for the' day; whereupon, Ms. Greer noted that meetings were
scheduled to be held at 2:00 p.m., 3:30 p.m., 5:00 p.m., and 7:00 p.m.; and 7:30 a.m.,
and 10:30 a.m., on September 17, with media representatives, City employees,
education, social services and non-profit community, public at-larger, business
community, and neighborhood organizations to share in dialogue with Mr. Baenziger
regarding the recruitment process.
In closing, Chairman Mason asked if a meeting had been scheduled with the
current City Manager; whereupon, Mr. Baenziger replied that he was planning to
schedule a meeting with Ms. Burcham within the next couple of days.
There being no further business, Chairman Mason declared the meeting in
recess at 8:10 a.m.
Below is summary of the comments received at the public meetings from the
abovementioned groups regarding the attributes of a new City Manager for the City of
Roanoke held on September 16 and 17:
1. What do you really like about living in Roanoke?
· Close proximity to Virginia Tech
· Natural Resource Opportunities - Blue Ridge Parkway, Mill Mountain,
Mountains, Greenways - tremendous potential
· Wineries
· We have everything - urban and suburban
· Job Opportunity
· Blend of urban life with outdoors
. Friendly
· Medium sized city
· Carilion (hospital) - Large employer - contributes a lot, partnering for new
medical school
· Opportunities for Higher Education - Higher Ed Center (15 groups
represented), Virginia Western Community College
· Governor's School - Advanced placement with a focus on math and science
· Vocational School - (at Patrick Henry H.S.)
· A lot of potential
· Art
· Great Website
· Protected neighborhoods
458
. Broad array of people
. Nice downtown
. Lots of qualified people here
. Good local foods region - nice Farmer's Market
. Strong neighborhoods and strong communities
. Great city staff
. Comfortable place
. Great place to raise a family
. Great time for someone to really make a name for their self
. Great hub with regions of land
. Big enough to have a professional class but small enough to get to know
everyone within two years
. Lots of opportunities for recreation
. Great international community
. Diverse thought and mindset
. Rich fertile soil
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2. If you could change something, anything, to make it a better place to live, what
would that be?
. Better Airport
. 1-81 traffic is bad I
. Need more regional cooperation
. Need a beltway around the City of Roanoke
. Media doesn't have enough to do
. Schools - graduation rate less than we would want
. Weariness in the community
. 2 schools closed in the past year
. Busing outsourced
. 7 years of budget cuts
. 72 jobs cut city-wide
. Stop giving whiners so much attention
. Have people offer solutions not complaints
. Process for decisions that is apparent to citizens - they see only the
decisions
. Fully funding the schools
. We have 2 beautiful High Schools - we need to look at the elementary
schools
. Transportation choices - Smartway bus is great for those people [in
Blacksburg and Christiansburg] but the people in Roanoke County have to
d rive downtown
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· Extended bus routes
· Need people to work together (ex. Western Virginia Water Authority)
· Sidewalks - some citizens have no access to city buses and don't have
sidewalks
· The city has not lived up to the promise of being multi-modal.
· Valley Metro is poorly managed - we need more hours of operation
. Growth is a little slow
. Big small town
. Ability to delegate to people
. Scotch-Irish community (scrappy)
· Some departments could be more customer friendly
· Often invited to sit at the table but not listened to
· Everything flows down the James River but nothing ever comes back
. Lots of restrictions on government
· Last 10 years citizen participation has waned
· Interest of citizens has decreased
· Services were promised and are now being taken away (parking spots - trash
cans)
· Fear for unfair competition at festivals (ice cream vendor versus the shop
owner who sells ice cream -large difference in investment - $35.00 permit
vs. someone who pays rent, insurance, etc.)
· Appoint school board members who are interested in all children in all areas
· Roanoke is as strong as its weakest neighborhood
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3. In your opinion, what are the most significant issues facing Roanoke in the next
few years?
· Creation of more jobs - affects housing, banking and medical
· Greater focus on economic development
· Young people not coming back to the Roanoke Valley
· Effort to bring in young people
· Lasting social and cultural synergy - groups come together for events and
then go back to their own place
· Children are the indicator species for a city's health. (Reference to Book:
Forgotten Child: Cities for the Well-Beinq of Children by Henry L. and
Suzanne H. Crowhurst Lennard)
· Children need to be able to navigate a city.
· Purchase of golf course for development of land
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4. What is your impression of Roanoke government? Are there issues that you want
the next manager to address? '
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. Sustainability
. Commitment to long term view
. Team building leadership style
. Resistance to change
. Understanding of issues and day-to-day genuine interest
. Good open door policy
. Current City Manager is very visible
. When dealing with city staff it appears that they are guarding their responses
because they are having to look over their shoulders - In the corporate world
this is because of micromanagers
. Should not lean on commercial tax dollars
. To get anything done, you have to talk to Darlene
. Empower employees to take care of problems
. Be able to withstand adverse opinions
. The school system
5. What kind of person do you think would be a good fit with Roanoke?
. ~.
. Southern flavor/Southern hospitality I
. Someone from Virginia would be a plus
. Someone who believes in transparency
. Fiscal responsibility
. Not too old but not too young
. Someone who will stop and talk to the people involved - if you are thinking
about building an amphitheater - [for insight] - talk to the people at the
symphony who puts on and sells tickets
. Cheerfully, persistent
. Experienced
. Realizes the unique challenges of the area
. Roanoke is in the South but has a lot of Northerners
. A little hominess goes a long way
. Integrity
. Firm
. Fair
. Consistent
. Broad Attitude
. Broad Experience
. Versatility to change gears
. A lot of energy I
. Some who can organize departments correctly (ie. E-911 should be under
Public Safety)
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461
· Delegation so that everything does not have to go through one person
. Patience
· Someone who has been a City Manager
· Someone who manages but not dictates
· We don't need a cheerleader or an ad hoc member of city council
· Strong Personality
. Not doing end runs around council
· Someone willing to share the spotlight and not wanting to take the credit
· Plays well with others
· Understands who the customer is
. Creativity
· Served in a population over 25,000 people
There being no further business, Vice-Chair Cutler declared the meeting
adjourned at 11 :57 a.m., on September 17, 2009.
APPROVED
Attest:
~10.:!)o~
Stephanie M. Moon, CMC
City Clerk
M. Rupert Cutler
Vice-Chairman
462
ROANOKE CITY COUNCIL-REGULAR SESSION
September 21,2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 21, 2009, at 2:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, ReQular MeetinQs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009.
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P.
Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), Court G. Rosen, and Mayor
David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.
OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk, and Cecelia T.
Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Jamal L. Jackson, Associate
Pastor, Abundant Grace Assembly.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATION: The Mayor declared Saturday, October 3, 2009 as Fall
Waterways Cleanup and Celebration Day. He presented a ceremonial copy of the
proclamation to Gary Hegner, Superintendent of Parks and Facilities.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
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463
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 immediately for response, recommendation
or report to Council.
BONDS-CITY MANAGER-COMPLAINTS: Colonel Robert Craig appeared before
the Council and express concern about bond funding and the hiring selection of a new
City Manager.
COMMITTEES-COMPLAINTS-SCHOOLS: Chris Craft appeared before the
Council and expressed his concern about not having been appointed to serve as a
member of the authorities, boards, commissions and committees appointed by the
Council. He pointed out that he had completed several applications expressing an
interest in serving on various boards and committees. Mr. Craft also expressed concern
about the lack of maintenance to certain school parking lots.
BONDS-COMPLAINTS-PARKS: Evelyn Bethel appeared before the Council and
continued to express concern regarding proposed improvements to Washington Park;
and the issuance of bonds for public improvements.
PARKS-COMPLAINT: Helen Davis appeared before the Council and reiterated
her concerns regarding improvements to Washington Park.
HOUSING-COMPLAINT: Robert Gravely appeared before the Council and
commented on the new houses constructed in the southwest section of the City.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to two requests for Closed Meetings - one from
the City Manager and an oral request from Council Member Mason to discuss a
personnel matter.
LEASE: A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss the award of a public contract involving the
expenditure of public funds, and discussion of the terms of scope of such contract,
where discussion in an open session would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of
Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
464
Council Member Trinkle moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded I
by Council Member Rosen and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
ANNUAL REPORTS-:-FINANCE: The 2009 Annual Report of the Finance Board
for the period of July 1, 2008-June 30,2009, was before the Council.
(See Annual Report on file in the City Clerk's Office.)
Council Member Trinkle moved that the Annual Report be received and filed. The
motion was seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Mayor
Bowers-6.
../)
NAYS: None-O.
I
(Council Member Price was not present when the vote was recorded.)
OATHS OF OFFICE-CITY CLERK: Report of qualification of Jonathan E. Craft
as the Deputy City Clerk for the City of Roanoke, was before the Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Council Member Trinkle moved the report of qualification be received and filed.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
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465
CITY COUNCIL: An oral request from Council Member Gwendolyn W. Mason,
Chair, Roanoke City Council Personnel Committee, that Council convene in a Closed
Meeting to discuss a personnel matter, being the performance of a Council-Appointed
Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950),as amended, was
before the body.
Council Member Trinkle moved that Council concur in the request of the Council
Member Gwendolyn W. Mason to convene in Closed Meeting as abovedescribed. The
motion was seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
NEIGHBORHOOD ORGANIZATION: Estelle H. McCadden, Chair, Virginia
Statewide Neighborhood Conference, shared information with regard to the 2010
Virginia Statewide Neighborhood Conference which is scheduled to be held in Roanoke,
and requested that the City sponsor the 2010 Conference with a financial contribution in
the amount of $10,000.00, which could be paid in installments.
(See copy of comments and documents on file in the City Clerk's Office.)
Following discussion, Council Member Mason moved that the Council endorse
the invitation for the City of Roanoke to host the 2010 Virginia Statewide Neighborhood
Conference and to authorize a first installment in the amount of $2,500.00 as seed
money for the Conference, with the remaining balance of $7,500.00 to be referred to the
City Manager and Director of Finance for appropriate handling. The motion was
seconded by Council Member Cutler and adopted.
466
REPORTS OF CITY OFFICI;RS:
CITY MANAGER:
I
BRIEFINGS:
RECREATION: The Mayor advised that the briefing on the Community
Recreation Center Feasibility Study would be held following the 2:00 p.m. session in the
EOC Conference Room, first floor of the Noel C. Taylor Municipal Building.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WESTERN VIRGINIA WORKFORCE DEVELOPMENT: The City
Manager submitted a written communication recommending acceptance of the Western
Virginia Workforce Development Board Workforce Investment Act funding for Program
Year 2009.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38592-092109) A RESOLUTION accepting the funding for the Western Virginia
Workforce Development Board's Workforce Investment Act (WIA) program, and I
authorizing the City Manager to execute the requisite documents necessary to accept
the funding.
(For full text of resolution, see Resolution Book No. 73, page 478.)
Council Member Trinkle moved the adoption of Resolution No. 38592-092109.
The motion was seconded by Council Member Mason.
Vice-Mayor Lea inquired in there was representation on the Board by TAP;
whereupon, the City Manager responded in the affirmative.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38592-092109 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
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467
Council Member Trinkle offered the following budget ordinance:
(#38593-092109) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the FY10 Workforce Investment Act Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 479.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38593-
092109. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
BUDGET-VICTIM-WITNESS-JUROR PRQGRAM: The City Manager submitted a
written communication recommending acceptance of additional funding from the
Department of Criminal Justice Services in connection with the Virginia Sexual and
Domestic Violence Victim Fund grant.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Lea offered the following resolution:
(#38594-092109) A RESOLUTION authorizing acceptance of the Virginia Sexual
and Domestic Violence Victim Fund (VSDWF) Grant made to the City of Roanoke by
the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution
of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 483.)
Council Member Lea moved the adoption of Resolution No. 38594-092109. The
motion was seconded by Council Member Trinkle.
(,
Vice-Mayor Lea reemphasized the Council's support of the grant, especially the
outreach to the Hispanic community.
468
There being no additional comments by the Council Members, Resolution No. I
38594-092109 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
Council Member Lea offered the following budget ordinance:
(#38595-092109) AN ORDINANCE to appropriate additional funding from the
Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund
Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 484.)
Council Member Lea moved the adoption of Budget Ordinance No. 38595-
092109. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
NAYS: None-O.
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AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
(Council Member Price was not present when the vote was recorded.)
BUDGET-GRANT-L1BRARIES: The City Manager submitted a written
communication recommending appropriation of additional funding from the Bill and
Melinda Gates Foundation Opportunity Hardware Grant for new computers at four City
Libraries.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following budget ordinance:
(#38596-092109) AN ORDINANCE to appropriate additional funding from the Bill
and Melinda Gates Foundation Opportunity Hardware Grant for library technology
updates, amending and reordaining certain sections of the 2008-2009 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 484.)
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Council Member Rosen moved the adoption of Budget Ordinance No. 38596-
092109. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-5.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
BUDGET-GRANTS-HUMAN SERVICES: The City Manager submitted a written
communication recommending acceptance of funding for the Employment
Advancement for Temporary Assistance to Needy Families (TANF) Participants Grant
from the Virginia Department of Social Services.
(For full text, see communication on file in theCity Clerk's Office.)
Council Member Rosen offered the following resolution:
I
(#38597-092109) A RESOLUTION authorizing the acceptance of an Employee
Advancement for Temporary Assistance to Needy Families (TANF) Participants grant
from the Virginia Department of Social Services (VDSS) for the purpose of maintaining
and improving existing services to eligible T ANF recipients; authorizing the City of
Roanoke to serve as the primary fiscal agent for the distribution of such funds to the
provider agencies for services provided to the local DSS agencies; and authorizing
execution of any and all necessary documents to comply with the terms and conditions
of the grant.
(For full text of resolution, see Resolution Book No. 73, page 485.)
Council Member Rosen moved the adoption of Resolution No. 38597-092109.
The motion was seconded by Council Member Mason.
Vice-Mayor Lea expressed appreciation for the collaborative efforts among the
social services and non-profit agencies for funding for T ANF participants grant from the
Virginia Department of Social Services, in the amount of $256,934.00, as well as efforts
to assist the disadvantaged.
There being no additional comments by the Council Members, Resolution No.
38597-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-D.
I (Council Member Price was not present when the vote was recorded.)
470
Council Member Rosen offered the following budget ordinance:
(#38598-092109) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition
Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 486.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38598-
092109. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
DONA TIONS-CONTRIBUTIONS-FLOOD REDUCTION: The City Manager
submitted a written communication recommending acceptance of an additional donation
of funds from Novozymes Biologicals, Inc., and approval of an amendment to the
Community Service Project Agreement for improvements to the former Hannah Court
Trailer Park site.
(For full text, see communication on file in the City Clerk's Office.)
.
Council Member Trinkle offered the following resolution:
(#38599-092109) A RESOLUTION accepting an additional donation of funds
from Novozymes Biologicals, Inc. (NBI) to provide improvements to City owned property
on Midvale Avenue, formerly the Hannah Court Trailer Park site (Hannah Tract) for
walking trails, landscaped and revegetated areas, and a parking area; authorizing the
City Manager to sign amendment(s) to a Community Service Project Agreement
between the City and NBI; authorizing the City Manager to execute any necessary
additional documents, provide any additional information, and to take any necessary
actions in order to obtain, accept, receive, implement, use, administer, and enforce such
additional donation and amendment(s); and expressing appreciation for such donation.
(For full text of resolution, see Resolution Book No. 73, page 487.)
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Council Member Trinkle moved the adoption of Resolution No. 38599-092109.
The motion was seconded by Council Member Mason.
Council Member Cutler called attention to two additional agenda items for
actions, i.e., a resolution naming a new park after the former Delegate A. Victor
Thomas, and a presentation in honor of Delegate Thomas.
The City Manager shared background information regarding the Hannah Court
Trailer Park site, noting that the site was part of the Flood Reduction Project and is
currently a greenway trail. She stated that the donation from Novozymes would be
used for walking trails, landscaped and revegetated areas as well as a parking area.
There being no additional comments by the Council Members, Resolution No.
.38599-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
Council Member Trinkle offered the following budget ordinance:
(#38600-092109) AN ORDINANCE to appropriate a donation from Novozymes
Biologicals, Inc. and to transfer funding from the Comprehensive Greenway Trail
account to the Hannah Court Site Improvements project, amending and reordaining
certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 488.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38600-
092109. The motion was seqonded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
472
PARKS-RECREATIONS: The City Manager submitted a written communication I
recommending authorization to designate and name a new City park in honor of the late
A. Victor "Vie" Thomas, former Member of the Virginia House of Delegates.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38601-092109) A RESOLUTION designating and naming the new City Park at
the former Hannah Court trailer park the A. Victor "Vie" Thomas Park.
(For full text of resolution, see Resolution Book No. 73, page 489.)
Council Member Trinkle moved the adoption of Resolution No. 38601-092109.
. The motion was seconded by Council Member Mason.
Council Member Cutler acknowledged support of the Western Virginia Land
. Trust, noting that the site is being developed as a park, including significant restoration
of wildlife habitat, open space and recreational amenities.
Vice-Mayor Lea commended Council Member Cutler on his efforts to name the
park after the former Virginia House of Delegate A. Victor Thomas.
I
Council Member Mason also recognized the former Delegate Thomas' family for
their efforts and support.
Chris Craft appeared before the Council and spoke in support of the adoption of
the resolution.
Bill Modica, representative of the Sierra Club, appeared before the Council and
spoke in support of the adoption of the resolution.
There being no further questions and/or comments by the Council Members,
Resolution No. 38601-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-D.
(Council Member Price was not present when the vote was recorded.)
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473
STATE HIGHWAYS: The City Manager submitted a written communication
recommending authorization to seek additional funding from the Virginia Department of
Transportation's Revenue Sharing Program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38602-092109) A RESOLUTION A RESOLUTION supporting and authorizing
the City's application for Virginia Department of Transportation Revenue Sharing
Program funds and authorizing the City Manager to execute all necessary and
appropriate documents in connection with such application.
(For full text of resolution, see Resolution Book No. 73, page 490.)
Council Member Trinkle moved the adoption of Resolution No. 38602-092109.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
HOUSING-HUMAN SERVICES: The City Manager submitted a written
communication recommending execution of a 2009-2012 Homeless Prevention and
Rapid Re-Housing Program-Funded Agreement with the Council of Community
Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38603-092109) A RESOLUTION authorizing the appropriate City officials to
execute, upon certain terms and conditions, a 2009-2012 Homelessness Prevention
and Rapid Re-Housing Program ("HPRP") funded Agreement with the Council for
Community Services ("CCS") that will put the funds in place for the CCS to carryout its
homeless prevention and re-housing activities pursuant to the plan approved by HUD.
(For full text of resolution, see Resolution Book No. 73, page 491.) .
474
Council Member Cutler moved the adoption of Resolution No. 38603-092109. I
The motion was seconded by Vice-Mayor Lea.
Council Member Cutler asked that the City Manager summarize information
pertaining to the one-stop center; whereupon, Ms. Burcham stated that it is a good
program to address short term homelessness. She noted that Total Action Against
Poverty had submitted a similar application to HUD for approval. She also announced
that the State Health Department was scheduled to relocate to the Civic Mall in
December 2009.
Vice-Mayor Lea commented on the positive impact on social needs in the City.
Council Member Rosen concurred in the comments by Vice-Mayor Lea.
There being no additional comments by the Council Members, Resolution No.
38603-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
I
CITY CODE-REFUSE COLLECTION: The City Manager submitted a written
communication recommending that the City Code be amended to revise Chapter 14.1,
Solid Waste Manaaement. in order to suspend the administrative processing fee for
removal of loose leaves that are deposited in the City's right-of-way by citizens before
December 31, 2009
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38604-092109) AN ORDINANCE amending and reordaining Section 14.1-3,
Litterina, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke
(1979), as amended; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 492.)
I
475
I
Council Member Cutler moved the adoption of Ordinance No. 38604-092109.
The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
MILITARY-CITY EMPLOYEES-PAY PLAN: The City Manager submitted a
written communication recommending approval to continue special military pay for
reservists and members of the National Guard who are called to active duty between
October 1, 2009, and September 30, 2010. ...
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38605-092109) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to certain employees called to. active
military duty.
I (For full text of resolution, see Resolution Book No. 73, page 493.)
Council Member Trinkle moved the adoption of Resolution No. 38605-092109.
The motion was seconded by Council Member Rosen.
Council Member Rosen commended the administration on its leadership.
The City Manager pointed out that the City of Roanoke was of the first localities
to implement said benefit and commended past Councils on their support.
There being no additional comments by the Council Members, Resolution No.
38605-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
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476
CAPITAL PROJECTS-SEWERS AND STORM DRAINS-WATER: The City I
Manager submitted a written communication recommending reallocation of funds for
contractual services for a storm water utility fee and capital project contingency.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38606-092109) AN ORDINANCE to transfer funding from the GRTC Trolley
Match and Police Building Phase II projects; and the Capital Improvement Reserve
account to the Stormwater Utility Consultant Fee project and the Capital Improvement
Reserve account, amending and reordaining certain sections of the 2009-2010 Capital
Projects Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 494.)
Council Member Cutler moved the adoption of Ordinance No. 38606-092109.
The motion was seconded Council Member Mason.
Council Member Cutler inquired about a consultant fee for the purposes of
developing a storm water utility fee; whereupon, the City Manager responded that there
was work that needed to be done in the event that the Council should decide to move
forward with the project.
I
There being no additional comments by the Council Members, Ordinance No.
38606-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
communication recommending an endorsement and support of City staff's comments on
the proposed amendments to the Virginia Stormwater Management regulations.
(For full text, see communication on file in the City Clerk's Office.)
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477
Council Member Cutler offered the following resolution:
(#38607-092109) A RESOLUTION A RESOLUTION endorsing and supporting
the comments made by City staff to the Virginia Soil and Water Conservation Board of
the Department of Conservation and Recreation (DCR) with regard to proposed
amendments to Virginia's Stormwater Management Regulations.
(For full text of resolution, see Resolution Book No. 73, page 495.)
Council Member Cutler moved the adoption of Resolution No. 38605-092109.
The motion was seconded by Council Member Mason.
Council Member Cutler stated that these are very technical regulations and
requirements are coming down on localities in Virginia to meet these regulations. He
further stated that legislation would be adopted by the Commonwealth requiring
Roanoke to reduce runoff, and the City's Environmental Administrator has talked to the
State regarding matter. In addition, he indicated that staff has registered their
objections with Virginia's process, and that this endorsement will back up City staff to
make changes.
The City Manager agreed that the issue has significant repercussions if
regulations go through as currently drafted.
Council Member Cutler mentioned that the City has an important municipal
responsibility, but the State rules need to be something the City can achieve.
Council Member Mason advised that she spoke with Joe Maroon, Agency
Director for the Virginia Department of Conservation and Recreation, and that they were
undertaking substantial revisions to storm water regulations because homebuilders
could not meet said requirements; and she was going to ask Mr. Maroon to attend a
future Council meeting to comment on the status of the revisions.
Ms. Burcham remarked that it was important to consider the implementation of
storm water fees to address the runoff problem, and that was pleased to see the State
receiving feedback, adding that the City needed to be at the table.
Thomas Carr, Director of Planning Building and Development interjected that he
attended a meeting where additional changes to legislation had been discussed, and
that the State continues to take additional comments, adding that the process will
continue to be open until October 6, 2009.
478
Council Member Rosen acknowledged that it was important to note that Roanoke I
was entirely developed and the regulations deal with new development; and with regard
to brownfields, the City was already attempting to reduce environmental hazards.
Additional, he stated that as the City works with developers to redevelop brownfields, it
puts such a burden on them that they cannot develop the sites. He also noted that if
permitting fees were increased over 500 per cent, those fees would make
redevelopment a major problem.
Mayor Bowers mentioned that the City was aware of pollution and problems with
saving the Chesapeake Bay, which the City supports; however, he was of the opinion
that the first river south of Chesapeake Bay and some of the regulations are not geared
to Roanoke River, but Chesapeake Bay. He expressed appreciation to the City
Manager and Mr. Carr for their involvement regarding said matter and bringing it to the
Council's attention.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38607-092109 was adopted by the following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
I
GRANT-BRIDGES: The City Manager submitted a written communication
recommending acceptance of additional grant funding from the United States
Department of Agriculture (USDA) and Natural Resources Conservation Service
(NRCS), in connection with the Wiley Drive Upstream Low Water Bridge Project; and
execution of an amendment to the Partners Agreement with the U. S. Fish and Wildlife
Service and FishAmerica Foundation.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
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I
479
(#38608-092109) A RESOLUTION accepting additional U. S. Department of
Agriculture (USDA) and Natural Resources Conservation Service (NRCS) grant funds in
the amount of $80,850.00 for the replacement of the Wiley Drive Upstream Low Water
Bridge Project (Project); authorizing the City Manager to execute any modifications,
amendments, and other documents, and to furnish such additional information as may
be required in connection with the City's acceptance of the additional grant funds;
providing $100,000.00 of City funds for this Project; authorizing the City Manager to
take such further action and execute such other documents as may be necessary to
make such funds available for the Project; and authorizing the City Manager to execute
any additional or necessary documents, and to provide information to anyone as may
be needed in order to administer such grant funds and to complete the Project.
(For full text of resolution, see Resolution Book No. 73, page 496.)
Council Member Cutler moved the adoption of Resolution No. 38608-092109.
The motion was seconded by Council Member Trinkle.
Council Member Cutler inquired about the location of the bridge; whereupon, the
City Manager advised that the Wiley Drive bridge would not be relocated only replaced.
There being no additional questions and/or comments by the Council Members,
Resolution No. 38608-092109 was adopted by the following vote:.
AYES: Council Members Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
Council Member Cutler offered the following budget ordinance:
(#38609-092109) AN ORDINANCE to appropriate funding from the United
States Department of Agriculture and the Natural Resources Conservation Services and
transfer funding from the Roanoke River Flood Reduction project to the Wiley Drive
Upstream Low Water Bridge Replacement project, amending and reordaining certain
sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing with
the second reading by title of this ordinance. '
(For full text of ordinance, see Ordinance Book No. 73, page 498.)
480
Council Member Cutler moved the adoption of Budget Ordinance No. 38609- I
092109. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Rosen and Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
COMMENTS BY THE CITY MANAGER:
TAP-HUMAN SERVICES-INDUSTRIES-ECONOMIC DEVELOPMENT: The City
Manager corrected something said earlier in the meeting by stating that TAP has
officially been approved for homeless funding, in addition money made available
through the City.
She also mentioned that Ukrop's had announced it was closing its Roanoke
store, adding that the closing in no way places any City dollars at risk. She explained
that the agreement the City has is with IMD Investment Group, not Ukrops and if this is
not successful, IMD has the opportunity to re-tenant the space; and IMD must recruit a
tenant not currently located within the City. She further explained that the City's I
financial obligations related only to the extent to which revenues are received and
associated with the project; and the amount received is based upon those revenues.
Ms. Burcham stated that there has been sufficient media attention to the fact that
the City has made one payment, in the amount of $500,000.00 to IMD and is in the
process of evaluating a request for grant payment for the fiscal year that ended
June 30. She further stated that what amount or whether there will be a grant payment
in the future depends on what the Ivy Market development produces as revenues; and
these are not taxes the City has balanced the City budget on, but were paid after the
fact based on performance of activities at Ivy Market. She reiterated the City's
commitment and obligations were related to the developer, and no money was at risk.
Ms. Burcham also reminded the Council that the City has had an economic
incentive policy for a number of years that relates incentives to after-the-fact payment
from revenues as opposed to advancing money to a project; and she believes that this
is a prudent policy and it has served the City well in the past, and would in the future.
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481
The City Manager mentioned that the agreement called for IMD Investment
Group to work collectively to identify a tenant, and she hoped the location would be
attractive to another tenant, adding that if efforts fail, the City would have to take
another look at the issue. She commented that in the past, there had been
developments or projects that were looking for places to locate within the City; and this
location might be desirable to some like those. Furthermore, she advised that the City
is in an economy that has most businesses holding their own until times are better, and
that her purpose in bringing up the issue was to assure the Council and the community,
the City has not put taxpayer dollars at risk and the City's agreement is with the
developer.
At this point, Council Member Price entered the meeting (4:09 p.m.).
Council Member Mason commented that she and Vice-Mayor Lea attended a
ribbon-cutting ceremony for the Walgreen store on Friday, September 18, 2009; and if
the City Manager had any sense for what sales projections would be for Walgreen now
that there was no 'anchor store. Council Member Mason also asked what the Council
and Administration could do to assist in finding another tenant, and whether or not other
Ukrops stores were closing. The City Manager advised that this action was totally
separate from any discussions related to the sale of the company.
Council Member Mason suggested that the Administration and the Economic
Development Authority meet with representatives of IMD to discuss future plans; and
the City share with IMD information about businesses who may have expressed an
interest in locating in the City.
REPORTS OF COMMITTEES:
BUDGET-GRANTS-SCHOOLS: The Roanoke City School Board submitted a
written report of the Roanoke City School Board requesting appropriation of funds to
various educational programs; and the Director of Finance submitted a written report
recommending that Council concur in the request
(For full text, see reports on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38610-092109) AN ORDINANCE to appropriate funding from the Federal and
Commonwealth governments for various educational programs, amending and
reordaining certain sections of the 2009-2010 School Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 499.)
482
Council Member Mason moved the adoption of Budget Ordinance No. 38610- I
092109. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members: Trinkle, Cutler, Lea, Mason, Price, Rosen and
Bowers-7.
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BONDS-BUDGET-PARKS AND RECREATION-FLOOD REDUCTION-
AMPHITHEA TER-BRIDGES-CURB AND SIDEWALKS: Ordinance No. 38583
appropriating funds in connection with the issuance of General Obligation Public
Improvement Bonds for various public improvement projects, having previously been
before the Council for its first reading and laid over, was again before the body, Council
Member Cutler offering the following for its second reading and final adoption:
(#38583-092109) AN ORDINANCE to appropriate funding to be provided by the I
Series 2010 Bonds to the Roanoke River Flood Reduction, Parks and Recreation
Master Plan, Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and
Sidewalk projects, amending and reordaining certain sections of the 2009-2010 Capital
Projects and Amphitheater Funds Appropriations and adding a certain section to such
Appropriations.
Council Member Cutler moved the adoption of Budget Ordinance No. 38583-
092109. The motion was seconded by Council Member Trinkle.
Tori Williams, representing the Roanoke Regional Chamber of Commerce,
appeared before the Council in support of the adoption of the budget ordinance.
Doug Waters, Interim President, Downtown Roanoke, Inc., appeared before the
Council in support of the adoption of the budget ordinance.
There being no questions and/or comments by the Council Members, Budget
Ordinance No. 38583-092109 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Price and Mayor Bowers-5.
NAYS: Council Members Mason and Rosen-2.
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483
OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: Council
Member Rosen offered the following Resolution reappointing Vickie H. Bibee as a
Director of the Economic Development Authority for a term of four years ending
October 20,2013:
(#38611-092109) A RESOLUTION reappointing a Director of the Economic
. Development Authority of the City of Roanoke to fill a four year term on the Board of
Directors.
(For full text of resolution, see Resolution Book No. 73, page 502.)
Council Member Rosen moved the adoption of the Resolution No. 38611-'
092109. The motion was seconded by Council Member Trinkle and adopted by the
following vote: '
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor
Bowers-7.
NAYS: None-O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY
COUNCIL:
SCHOOLS-COMMITTEES: Council Member advised that he serves as Co-
Chairman on the Joint Services Task Force for Roanoke City Public Schools and that
the committee was gearing up for a new school year, and would meet monthly. He
recommended having an alternate designated to attend the meetings when he could
not; whereupon, Council Member Price volunteered to serve as an alternate member.
CAPITAL IMPROVEMENTS-HEALTH DEPARTMENT: Council Member Cutler
complimented the Office of Management and Budget on the Capital Improvement
Program booklet. He also commented on information shared by the Roanoke Regional
Chamber of Commerce regarding survey on building permit process; IRMA publication
featuring Ms. Burcham; and Valley Metro Workforce Center at Crossroad.
He remarked that the Health Department had provided information about the
H1 N1 virus to the Council on September 8, 2009, and asked what the City was doing to
get the word out to the community. The City Manager stated that this was the
responsibility of the Health Department and that citizens should also focus on traditional
flu as well as the H1 N1 virus since these flues tend to gravitate to certain age groups
and people who were traditionally vaccinated should continue to do so.
(See copy of abovementioned document regarding the H1 N1 Virus Update on file in the
City Clerk's Office)
484
At 4:28 p.m., the Mayor declared the Council meeting in recess to be reconvened I
in the EOC Conference Room, Room 159 for an update on a community recreation
center feasibility study and a Closed Meeting.
At 4:38 p.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, Mayor Bowers presiding and all Members of the Council in attendance, with
the exception of Vice-Mayor Lea and Council Member Mason.
Community Recreation Center Feasibility Study
The City Manager advised that the briefing was for information purposes at the
request of the Council who expressed interest in information for a competitive swimming
capability at a facility, including cost comparisons.
Chuck Musgrave of Barker, Rinker, and Seacat Consultants; and Ken Ballard of
Ballard, King, and Associates highlighted the following:
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Agenda
1. Market Analysis
2. Survey
Base Programs
Center with Leisure
Pool Concept Plans
Center with 50 Meter
Pool Concept Plans
Exterior Character
Project Cost
Operational Performa
Next Steps
I
1_ Market Analysis
I
485
486
I
.. -;'i'-:i "1
~}" .- 'Bitl ro H'~.:n.'lR?"_ :It;'
.~' ,.., ,.' ,},,-
t~, \"i'~~'\'~ 1,~ ,; S? ~
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::~::::::~Q\lft:(:~ii~t::::::i~~J:ri::i;~;;'iii'i~{j
:~i!Ii1arY.~CtVi~ci:Ai{O:::::::::::::::::::::::: :Bi;j~(::::::::::::::: :$i,i9~::::::::::::::: :5f;!il1~:::::::
::~:jliii:iiiii:lliiiin,jili:illtt:::::::,:::::::::,:1:::~:::::::,'3tJiij;',:",:,:,:,:,:, ::,:::,:::::,::2:tliH:,::~::::::::;':::::~:::::::~W5.::::::::::~:::
:~rirti.ry.,;.,ei: iiouieb,;td~ii,;-:-: -: -:.:-:.:- '2;26:-..........:.:.:. 2.2Y.... ..... -:. :-i'.n-:" . .
::~=~==~:~:;::::'::'::":::?':::::~;l~~~:':::':::'::):::::::::?~~:::::::::::::Y:::,:::,:::;i4~~;t?::::::::::
::1~::~'!t~~::::::?:::::::::::::~:::::::::::::::::?:::::::::::?;~f:::::::::::::::?::::::::::::::~~:::::::::::::::::
I Market Analysis
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I
I Market Analysis
J
Alternative Providers
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Market Analysis - Alternative Providers
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I Market Analysis - Public Input
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487
488
~00ilill~~~
~ [iVj]~~ ID1~~Q!J~~
I
by percentage 01 respondents who selected the item as one of their top three choices
Child care services
Fitness and exercise
Recreation, competitive and instructional swimming
Instructional classes
Community gathering spaces
Basketball, volleyball, other gym sports
Cultural arts and theater activities
0% 10% 20% 30% 40% 50% 60% 70%
IOMost Often 02nd Most Often 03rd Most Often
Source: Lei:'1lfe VisioJllETC In.~.itute (Jmle ~008)
Market Analysis - Survey Results
At this point, Council Member Mason entered the meeting (4:52 p.m.)
~~~~
. .
~ ~ Oou.OOi@ ~UiX2fu@ ~
I
by percentage 01 respondents who selected the item as one of their top three choices
Competition pool
Warm water area for therapeutic purposes
Area for swim lessons
Warm water family oriented swim center
Area for water fitness
Lanes for lap swimming
Spa with raised temperature
Dry sauna and steam room
Area with deep water
Diving boards
0% 10% 20% 30% 40% 50% 60%
IOMost Needed 02nd Most Needed 03rd Most Needed
SolU"Ce: Lej:~l.ll'e Yi.~iOll;ETC l11.:-iihlte (.hule :008)
----~~
I
I Market Analysis -
Survey Results
~
I
, Center
'ty RecreatIon
Roanoke CommunI
Pro ram S ace
.. lion Spaces
Facility Adm~~~t; Support Spaces
Required BUI m
cassions , .
Con h / Bsbyslttlng
Child Watc
Classrooms
G mnasium k
y W Ik/ Jog Trac
Elevated a
eight I Filness d'o
robics/ Dance Stu I
uatics Support
laisure Pool
50 Matar Pool Room
a\ Classro~ml P~~dOOr5D MetarPool
Renovata Bustmg
Gross Area
Gross Area
3.219 Sf
10.089 SF
1.037 SF
1.147 SF
1.464 SF
10.185 SF
4.636 SF
6.S27 SF
2,319 SF
903 SF
8.8;!JSF
3.219 SF Mechanical
SF Lockers,
14.018 0 Idoor Pool
For u
1.147 SF
1.464 SF
10.185 SF
4.636 SF
6.521 SF
2.::: Guards. Vending
500 SF
I Program
I
. Center with
Recreatlon_
Site Plan-
leisure Pool
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489
490
I?ARl'(
AQUATIC::
. , OFF
POOL
EQUIPMENl:
I
WOMEN'S LOCKER
FAM[L Y
LOCKERS
MEN'S LOCKERS
MEa-t
AEROBICS
.. 'lem - RecreationCenter witl1l:elsure Pool
?;
o
...J
~
~
::::>
.....
0::
~
FITNE55
EQUIPME;NT
I
ROOf.. BELOW
8,OOF BELOW
Second Floor Plan - Recreation Center with leisure Pool I
.__~_________~___~__~ _~____._-.--.-J
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491
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Site Plan - Recreation Center with 50 Meter Pool
I
At this point, Vice-Mayor Lea entered the meeting (5:07 p.m.)
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-~. ~
I." c - ~------..........
E',
e.
r-
o
let
First Floor Plan - Recreation Center with 50 Meter Pool
492
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D
D
50 Meter F
I Second Floor Plan - Recreation Center with 50 Meter po~
I
Exterior Characte~____________ ________ _______ _~____J
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Operational Performa
Category with leisure Pool with 50 M Pool
Expenditures $1,718,808 $1,880,843
Revenues 1 329 661 1 298917
Difference $ -389,147 $ -581,926
Recovery % 77% 69%
I Expenditure & Revenue Comparison
I
l!otal Project Cost
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493
494
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I Total Project Cost
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495
Following presentation, the consultants recommended a Community Recreation
Center with a leisure pool, citing the abovementioned five reasons.
Comments
Council Member Rosen asked if Roanoke County's facility had been taken into
consideration since it had a similar secondary customer radius; whereupon, Mr.
Musgrave replied that the issue was discussed with County officials.
Council Member Rosen also asked if meetings were held with YMCA
representatives since the City provides financial support, pointing out that the proposed
facility may decrease their membership; whereupon, Mr. Musgrave replied in the
affirmative.
Council Member Price inquired about membership fees for the new facility;
whereupon, Mr. Musgrave replied that the service fees would be comparable to the area
facilities, including the YMCA; and that there would be different fees for various other
amenities which residents could chose from.
There being no additional comments, the Mayor expressed appreciation to the
consultants for their time and information; and recessed the meeting at 5:55 p.m., for a
Closed Meeting.
496
At 7:00 p.m., the Council meeting reconvened in the City Council Chamber, I
Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P.
Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M.
Moon, City Clerk.
OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk; and Cecelia T.
Webb, Assistant Deputy City Clerk.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
I
ACTS OF ACKNOWLEDGEMENT-YOUTH: Kaye Hale, Director, West End
Center, appeared before the Council to express appreciation for years of support and
extended an invitation in celebration of 30 years of service- on September 26 at
10:00 a.m. - 12:00 noon at the West End Center for Youth.
ACTS OF ACKNOWLEDGE-DECEASED PERSONS-PARKS: Mayor Bowers
read Resolution No. 38601-092109, previously adopted during the 2:00 p.m. session of
Council, designating and naming the new City Park to be located at the former Hannah
Court trailer park in celebration of the legacy of the late A. Victor "Vie" Thomas, former
Member of the Virginia House of Delegates. He presented City gifts to Mrs. Dot
Thomas, widower; and son, Eric Thomas.
Comments were given by the Council advising that permanent recognition of
Delegate Thomas would be upon completion of the park in the spring.
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497
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing for Monday,
September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
a request of Winky Wise Enterprises, LLC to rezone a 0.031-acre portion of the rear of
property on Bluefield Boulevard, S. W., bearing Official Tax NO. 1260342, from R-7,
Residential Single Family District, to RM-2, Residential Mixed Density District, subject to
the condition or that the subject property shall be developed only. in combination with
Official Tax No. 1260309, for townhouse development, the matter was before the body,
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, September 4,2009, and Friday, September 11,2009.
The City Planning Commission submitted a written report recommending
approval of the rezoning, stating that the Commission finds the application to rezone the
subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan
and the Franklin Road/Colonial Avenue Area Plan; and the proposed rezoning will
enable the development of Official Tax Nos. 1260309 and 1260322 according to their
current RM-2 zoning.
(For full text, see copy of report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38612-092109) AN ORDINANCE to amend Section 36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to a certain condition proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 503.)
Council Member Mason moved the adoption of Ordinance No. 38612-092109.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons who whished to speak in connection
with the matter.
Howard Boggess, Project Manager, Lumsden Associates, P. C., appeared in
support of the petitioner.
498
Neil McRae, III, appeared before the Council to reiterate his opposition of the I
rezoning, such as increased sogginess in his back yard which he attributes to the
applicant's stormwater management pond, increased traffic at the intersection of
Colonial Avenue and 26th Street, S. W.; and anticipatory nature of the request.
Wayne Wise, Petitioner, appeared in support of his petition.
Renee Howell, appeared in opposition of the request, noting water runoff and
current traffic congestion on Bluefield Boulevard, S. W.
There being no further speakers, the Mayor declared the public hearing closed.
Referencing issues raised by Mr. McRae, Council Member Mason asked about
the findings by the City upon visiting the proposed site; whereupon, Mr. Chittum advised
that the stormwater system was working properly, noting that the bottom of the basin
was dry following an inch of rainfall and it does not interfere with the drainage issue
alluded to by Mr. McRae.
There being no further questions and/or comments by the Council Members.
Ordinance No. 38612-092109 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor I
Bowers-7.
NAYS: None-O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing for Monqay,
September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
a request of the City of Roanoke to amend the Institutional Planned Unit Development
Plan for property located at 3601 Ferncliff Avenue, N. W., Official Tax No. 64601012, to
allow the occupancy of the Ruffner Middle School building as a government
office/facility and educational facility, as well as for construction of an accessory
warehouse, the matter was before the body.
The Planning Commission submitted a written report recommending approval of
the request, advising that the Commission finds the application for the adaptive reuse of
William Ruffner Middle School into government offices/facilities and the construction of
an accessory warehouse to be consistent with Vision 2001-2020, the Peters Creek
North Neighborhood Plan, and the City's Zoning Ordinance; and the request provides
for the continued service of a vacated City facility while maintaining a cohesive campus
setting.
------..
(For full text, see copy of report on file in the City Clerk's Office.)
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Council Member Rosen offered the following ordinance:
(#38613-092109) AN ORDINANCE to amend Section 36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5,2005, as amended, to amend the INPUD Development Plan to allow
the occupancy of the Ruffner Middle School building as a government office/facility and
educational facility, as well as allow for construction of an accessory warehouse as it
pertains to property identified by Official Tax No. 6460102, located at 3601 Ferncliff
Avenue, N. W.; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 504.)
Council Member Rosen moved the adoption of Ordinance No. 38613-092109.
The motion was seconded by Council Member Mason and Vice-Mayor Lea.
The Mayor inquired if there were persons who whished to speak in connection
with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Council Members. Ordinance
No. 38613-092109 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor
Bowers-7.
NAYS: None-O.
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A Petition for Appeal filed by Thomas L.
Mauney appealing a decision of the Architectural Review Board, which was rendered on
July 13, 2009, that no Certificate of Appropriateness be issued for installation of new
pickets and a round composite column at 517 11th Street, S. W., the matter was before
the Council.
(See Petition for Appeal on file in the City Clerk's Office.)
Thomas L. Mauney appeared before the Council in support of his Petition for
Appeal, citing financial hardship and that the City should not have any authority
regarding renovations to his property so long as safety standards are met and the
repairs are not an eyesore in the neighborhood.
(For full text, see Petition for Appeal on file in the City Clerk's Office.)
500
The Architectural Review Board submitted a written report recommending that I
City Council affirm its decision to deny the issuance of a Certificate of Appropriateness
for 517 11th Street, S. W., but also advised that the Board was willing to continue
discussions with Mr. Mauney regarding his request for a Certificate of Appropriateness.
(For full text, see report on file in the City Clerk's Office.)
Following in-depth discussion of the issue, and based upon the evidence
(testimony and documents) presented to the Council, Council Member Mason moved
that the matter be remanded to the City of Roanoke Architectural Review Board for
reconsideration. The motion was seconded by Vice-Mayor Lea and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor
Bowers-7.
NAYS: None-O.
.
Prior to the Hearing of Citizens Upon Public Matters item, Council Member Price
advised that with respect to the Closed Meeting conclude Council certify to the best of
his or her knowledge that (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only such I
pubtic business matters were identified in any motion by which any Closed meeting was
convened were heard discussed or considered by City Council. The motion was
seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and
Bowers-7.
NAYS: None-O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
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.
COMPLAINTS-RECREATION-YOUTH: The following individuals appeared
before the Council to voice concerns regarding a merger of Inner-City Athletic
Association (ICAA) with Region I as required by the Youth Athletic Council: Linn Brown,
Janie Casey, Elenore Atkins, and Robert Gravely.
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501
In response to remarks from the abovenamed speakers about the issue of the
Inner City Athletic Association's decision not to merge with Division I of tbe Youth
Athletic Council, Vice-Mayor Lea requested the following:
(1) Parks and Recreation monitor abuse of youth playing sports and make any
recommendations to the Council to remedy the situation(s);
(2) Provide the Council with information pertaining to the $50.00 fee for
participation in City athletic associations and suggestions for participation by
those individuals who are unable to pay such fee.
(3) Availability of fields for use by Inner City Athletic Association to hold football
practices. '.
(In response to abovementioned issues, see copy of e-mail from City Manager
dated October 2,2010, on file in the City Clerk's Office.)
There being no further business, the Mayor declared the meeting adjourned at
8:30 p.m.
APPROVED
ATTEST:
\
~!h. ~
Stephanie M. Moon. CM~
City Clerk .
QQ~
David A. Bowers
Mayor
502
I'
ROANOKE CITY COUNCIL-REGULAR SESSION
October 5, 2009
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
October 5, 2009, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009.
PRESENT: Council Members M. Rupert Cutler, Gwendolyn W. Mason, Court G.
Rosen, David B. Trinkle, and Mayor David A. Bowers-5.
ABSENT: Council Member Anita J. Price and Vice-Mayor Sherman P. Lea-2.
The Mayor declared the existence of a quorum.
I
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft, I
Deputy City Clerk.
COMMITTEES-COUNCIL: 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, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Mason, Trinkle, and Mayor Bowers-4.
NAYS: None-O.
(Vice-Mayor Lea and Council Member Price were absent.) (Council Member Rosen was
not present when vote was recorded.)
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503
COUNCIL: A communication from Mayor David A. Bowers requesting that
Council convene in a Closed Meeting to discuss the 2009 Citizen of the Year Award,
pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea and Council Member Price were absent.)
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CITY ARCHITECTURAL REVIEW BOARD TO BE HELD ON
NOVEMBER 2, 2009, AT 9:00 A.M. Mayor requested that all agenda items be
submitted to the City Clerk. It was later determined that the joint meeting of the Council
and the Architectural Review Board would be rescheduled to be held during a future
Council meeting.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
13th Street/Hollins Road Proiect Update
Mark Jamison, Transportation Manager, presented an update and responded to
questions regarding the 13th Street and Hollins Road project.
(See Power Point presentation on file in the City Clerk's Office.)
Mr. Jamison advised that since the December 2008 public hearing, the design for
the project was revised taking into consideration the feedback from the meeting.
504
Taking into consideration input from citizens who attended an informational I
meeting in connection with the abovementioned project in December 2008, Mr. Jamison
advised that a revised design concept had been developed to allow better access to
businesses along this route; adding that the project is part of VDOT's Six Year Plan;
and right-of-way acquisition would be accomplished in 2010, with construction
anticipated to commence in 2014.
Mayor Bowers thanked Mr. Jamison for the informative presentation.
Recyclina Proaram
Skip Decker, Solid' Waste Manager, presented a briefing and answered
questions regarding the City's Recycling Program:
(See Power Point presentation on file in the City Clerk's Office.)
Mr. Decker stated that since the City's contract with Cycle Systems was
terminated earlier this year, Solid Waste Management staff has been delivering
recycling items to the Montgomery County Regional Recycling Facility; the City recently
sent out an RFP for companies to handle the processing of residential and business
recycling for the City of Roanoke on an annual basis; the lowest bidder service will cost
$77,000.00 more than budgeted and represents a new business which is planning to
open a facility in Roanoke; and notice to award the contract will go out on October 5, I
2009. He added that beginning in 2010, the new facility will be open for business and
the City will begin taking recycling to this location.
Mr. Decker further stated that with the new vendor, the City will be able to recycle
colored glass; crews will begin collecting colored glass from restaurants, adding that the
new service will require Solid Waste Management to modify the staffs work schedule in
order to accommodate said new activity.
Council Member Mason inquired as to the amount of spending, per month, by the
City to transport materials to Montgomery County; whereupon, Mr. Decker advised that
the City was spending approximately $25,000.00 per month.
There being no additional questions and/or comments, the Mayor expressed
appreciation to Mr. Decker for his presentation.
Mayor Bowers thanked Mr. Decker for an informative presentation.
At 10:03 a.m., the Mayor declared the Council meeting in recess until 12:00
Noon for a joint meeting of the Council and the Virginia Western Community College
Local Advisory Board at the Natural Science Center, 3095 Colonial Avenue, S. W., to
discuss items of mutual interest and concern.
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505
At 12:20 p.m., the Council meeting reconvened in the Natural Science Center,
3095 Colonial Avenue, S. W., City of Roanoke, Virginia, for a joint meeting of Council,
the Virginia Western Community College Local Advisory Board, and VWCC staff, with
Mayor Bowers and Robert H. Sandel, President, Virginia Western Community College,
presiding.
CITY COUNCIL MEMBERS PRESENT: Council Members M. Rupert Cutler,
Gwendolyn W. Mason, Court G. Rosen, David B. Trinkle, and Mayor David A.
Bowers-5.
ABSENT: Vice-Mayor Sherman P. Lea and Council Member Anita J. Price-2.
The Mayor declared the existence of a quorum.
VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL ADVISORY BOARD
MEMBERS PRESENT: Dennis R. Cronk, Joseph B. Wright and Larry Moore, and Kay
Strickland-4.
ABSENT: None-O.
Representing the City of Roanoke: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Jonathan E.
Craft, Deputy City Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk.
Representing Virginia Western Community College: Cheryl Miller, Jim Poythress,
Kevin Witter, Amy Balzer and Robert H. Sandel, President.
OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for
Community Development; and Jim Grigsby, Assistant City Manager for Operations.
Dr. Sandel welcomed the Members of Council and City staff and advised that
Virginia Western currently has its largest enrollment in history with over 10,000
students. He stated that the college is operating on a budget of 24 percent less than
two years ago and has just received a 13 percent reduction from the Commonwealth,
which must be deducted from the current year's budget, adding that in order to
compensate, the Commonwealth is using five percent that had been set aside as
stimulus money for next year, but it is being used this year to offset the reduction.
CounCil Member Mason inquired if Virginia Western had the authority, similar to
other state colleges and universities, to raise tuition to cover the 23 percent shortfall;
whereupon, Dr. Sandel replied that the State Board would make the decision in
November on whether tuition should be raised during the college year. Council Member
Mason further inquired if VWCC had raised tuition to cover the 23 percent shortfall over
the past two years; whereupon, Dr. Sandel indicated that tuition had been raised seven
percent.
c.,
506
Dr. Sandel indicated that about two or three years ago, the college was about 70
percent state funded and now they are about 52 percent, with remaining funds from I
tuitions. He emphasized that his intent was to inform the Council of issues facing the
college, not to request funds from the City Council.
The City Manager asked if an increase in tuition would affect the entire
community colleges the same; whereupon, Dr. Sandel answered in the affirmative,
adding that the eastern schools were begging for an increase, however, the western
schools project a heavy loss in enrollment.
He pointed out that 80 percent of the students were employed and Virginia
Western has one of the largest online programs in the entire southeast Virginia, with 20
percent of students taking classes online.
Mr. Poythress advised that they are prepared to do training on "green" jobs and
going "green", but need equipment that can be taken to secondary schools or service
area regions. He further advised that the Electronics Program would provide training in
mechanical, electronic, pneumatic and hydraulics all in a computer controlled
environment and would also provide for integration of student into a green workplace.
He noted that the Appalachian Regional Commission (ARC) planning grant had been
received for funding of viticulture for Craig County, and it is hoped that the County will
provide funding for windmills.
Council Member Cutler inquired as to how Virginia Western was helping local I
employers; whereupon, Mr. Poythress explained that the College provides training for
the Western Virginia Water Authority technicians to prepare for work.
Question was raised with regard to the transfer program; whereupon, Mr.
Poythress advised that most transfer students earn a 3.0 grade point average at Virginia
Western, thereafter, moving on to do very well. He offered an example that last year,
Virginia Tech had four students graduate with a 4.0 grade point average, whereby two
of the student transferred from Virginia Western as well as Virginia Tech's top electrical
engineering student was a former student of Virginia Western having received the
highest monetary award toward doctoral work.
Mr. Poythress pointed out that the Culinary Arts School located in the
Claude Moore Education Center has 358 seats filled in that program.
Dr. Sandel highlighted the following statistics:
. 40 percent of students are in the transfer program
. 60 percent of students are in the career technical program
. 2/3 of jobs will be for people who have a high school education but less
than a 4 year degree
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507
Council Member Cutler asked what percent of tuition for students is paid by their
employer; whereupon, Dr. Sandel answered about 40 percent of students participate in
the federal financial aid program and between 15 and 18 percent of students participate
in some type of third party contract with their employers. Dr. Sandel affirmed that in
certain areas, employers often hire students before graduation because the need for
workers is great.
The City Manager advised that due to the budget, the City had to suspend its
Tuition Assistance Program, but hopes to re-instate in the next budget cycle.
Dr. Sandel commented that 42 percent dropout rate is unacceptable and one way
to improve the rate is to provide access to college.
Ms. Strickland reported on the College Access Program, stating that this year 144
students applied to the program, unfortunately, 80 students were ineligible for admission
due to two developmental classes. She pOinted out that 60 students were accepted and
42 students received financial aid.
Question was raised with regard to dual enrollment; whereupon, Dr. Sandel
explained that dual enrollment allowed high school students to take classes' at Virginia
Western that fulfill high school and college credits, which allow many students to
graduate from high school and enter college as an upperclassman.
Dr. Sandel shared an overview of the Center for Science and Health Professionals,
which will begin construction in April 2010, indicating that it is a two year project funded
by the General Bond Issue from the Commonwealth of Virginia.
Dr. Sandel asked the Council Members to think about the possibility of Virginia
Western using the space at the corner of Fishburn Elementary at Colonial Avenue and
Overland Road for additional campus parking. He remarked that he had spoken with
the Superintendent of Schools about the use of the adjoining space in informal
conversations. He concluded by summarizing the goal of the community college, which
is to meet the needs of the workforce of the region.
Mayor Bowers expressed appreciation to Dr. Sandel, the Local Advisory Board,
and staff for an informative presentation.
There being no further business, Dr. Sandel declared the Board meeting
adjourned.
At 1 :30 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W.
508
At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room
450, NoelC. Taylor Municipal Building, with Mayor David A. Bowers presiding.
PRESENT: Council Members M. Rupert Cutler, Gwendolyn W. Mason, Anita J.
Price (arrived late), Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-6.
I
ABSENT: Vice-Mayor Lea-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft,
Deputy City Clerk.
The invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
ANNOUNCEMENTS:
Mayor Bowers announced that as a result of the Virginia Municipal League's
annual conference being held in Roanoke on October 19, the second meeting of City I
Council in October has been moved to Thursday, October 22 at 2:00 p.m. He also
stated that the Council would recess immediately after the meeting in order for
Members of the Council to attend a special announcement by Governor Tim Kaine on
Mill Mountain.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-ART: The Mayor announced that the
recognition of Antoinette Hale had been rescheduled for October 22,2009.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The Mayor recognized
the City of Roanoke Crew for their participation in "Rebuilding Together in April 2009."
He presented the employees with a plaque and star bencils.
PROCLAMATIONS: The Mayor declared October 5, 2009 as the Promise to
Schedule Your Mammogram Day in Observance of Breast Cancer Awareness Month.
He requested that the proclamation be forwarded to Steve McClintic President, Our
Health Magazine.
(See ceremonial copy of the proclamation on file in the City Clerk's Office.)
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509
PROCLAMATIONS-HUMAN SERVICES: The Mayor declared the month of
October 2009 as Domestic Violence Awareness Month; and presented a ceremonial
copy of the proclamation to Heather Sellers and Pam Forrester-Hurt Co-Chairs, Family
Violence Coordinating Council.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-PLANNING: The Mayor read into the record a proclamation
in support of partnering with the U. S. Census Bureau to help ensure a full and accurate
count in 2010; and presented a ceremonial copy to Linda Edwards-White, Local
representative, Census Bureau.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-DISABLED PERSONS: The Mayor declared the month of
October 2009 as Disability Employee Awareness Month; and requested that a
ceremonial copy of proclamation be forwarded to Karen Michalski, Chair, Mayor's
Committee for People with Disabilities.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
ACTS OF ACKNOWLEDGEMENT-PARKS: Barbara Duerk appeared before
Council and thanked the participants of the Fall Waterways Cleanup Day which was
held on October 3. She requested that Council remove a tree that had fallen in June
along the Roanoke River.
BUDGET-STREETS AND ALLEYS: Robert Gravely appeared before Council
and urged the Council not to charge for alley maintenance and spoke on budgetary
issues of the City.
PARKS-COMMITTEES: Evelyn Bethel appeared before Council and requested
that 'her comments regarding the presentation of the completed report from the
Washington Park Improvements and Memorial Committee be referred to the City
Manager for appropriate written confirmation, explanation, denial or clarification.
CITY COUNCIL: Helen Davis appeared before Council and requested that
Council briefings listed on the 2:00 p.m. agenda, be heard in the Council Chamber
where the items may be televised and not held in the EOC Conference Room.
510
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were I
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion were
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor advised that Item C-2 would be withdrawn inasmuch as the
request by the City Attorney for a Closed Meeting was not necessary. The Mayor called
attention to three requests by the City Manager for public hearings to be heard by the
Council on Thursday, October 22, 2009, at 7:00 p.m.
MINUTES: Minutes of the regular meeting of Council held on Monday, July 6,
2009; and July 20,2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Trinkle moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
I
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
LEASES-CITY MARKET: A communication from the City Manager requesting
that Council schedule a public hearing for Thursday, October 22, 2009, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to consider renewal for lease of space
in the City Marker Building to Byron Penick, owner, Penick Incorporated, d/b/a New
York Subs Restaurant, on a month to month basis, not to exceed 12 months, was
before the body.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote.
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote I
was recorded.)
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511
TAXES: A communication from the City Manager requesting that Council
schedule a public hearing for Thursday, October 22, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider a request from Big Brothers Big
Sisters of Southwest Virginia, Inc., a Virginia non-stock, not for profit foundation, for tax
exemption of certain real property located at 124 Wells Avenue, N. W., was before the
body.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote.
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
TAXES: A communication from the City Manager requesting that Council
schedule a public hearing for Thursday, October 22, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider a request from the City of Roanoke
to establish a separate personal property tax rate for aircraft weighing 20,000 pounds or
more and "clean special fuel" vehicles, was before the body.
Council Member Trinkle moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Mason and adopted by the
following vote.
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
OATHS OF OFFICE-PENSION PLAN: Reports of qualification of
Karena J. Clinton as a member of the Roanoke Neighborhood Advocates for a
term ending June 30, 2012; and Judy Jackson as a member of the Roanoke
Civic Center Commission for a term of three years ending September 30, 2012,
were before the Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
512
Council Member Trinkle moved that the reports of qualification be received and I
filed. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
SHERIFF-GRANTS-BUDGET: The Sheriff submitted a written communication
recommending acceptance and appropriation of the Edward Byrne Memorial Justice
Assistant Grant; and the City Manager submitted a written communication concurring in
the request.
(See communications on file in the City Clerk's Office.)
I
Council Member Mason offered the following resolution:
(#38614-100509) A RESOLUTION accepting the Edward Byrne Memorial
Justice Assistance Grant (JAG) from the Bureau of Justice Assistance Office of Justice
Programs, and authorizing execution of any required documentation on behalf of the
City.
(For full text of resolution, see Resolution Book No. 73, page 506.)
Council Member Mason moved the adoption of Resolution No. 38614-100509.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
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513
Council Member Trinkle offered the following budget ordinance:
(#38615-100509) AN ORDINANCE to appropriate funding from the Federal
government for the Byrne Memorial Justice Assistance Grant to provide funding for
courthouse security, jail security, and radio upgrades, amending and reordaining certain
sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 507.)
Council Member Mason moved the adoption of Budget Ordinance No. 38615-
100509. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY MEDICAL SERVICES: The City Manager submitted a written
communication recommending acceptance of the Virginia Office of Emergency medical
Service Grant to purchase personal protective equipment.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following resolution:
(#38616-100509) A RESOLUTION authorizing acceptance of the Personal
Protective Equipment (Surgical Masks) Grant made to the City of Roanoke by the
Virginia Office of EMS, and authorizing execution of any required documentation on
behalf of the City.
(For full text of resolution, see Resolution Book No. 73, page 508.)
514
Council Member Rosen moved the adoption of Resolution No. 38616;.100509. I
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
Council Member Rosen offered the following budget ordinance:
(#38617-100509) AN ORDINANCE appropriating funding from the
Commonwealth of Virginia Department of Emergency Medical Services for the purchase
of personal protective equipment, amending and reordaining certain sections of the
2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 509.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38617-
100509. The motion was seconded by Council Member Mason and adopted by the I
following vote:
A YE$: Council Members Cutler, Mason, Rosen, Trinkle and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
FIRE DEPARTMENT-GRANTS: The City Manager submitted a written
communication recommending acceptance of the Department of fire Programs Fund
Grant for use by the Roanoke Fire-EMS Department; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
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515
Council Member Cutler offered the following resolution:
(#38618-100509) A RESOLUTION authorizing acceptance of the FY2010 Fire
Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire
Programs, and authorizing execution of any required documentation on behalf of the
City
(For full text of resolution, see Resolution Book No. 73, page 509.)
Council Member Cutler moved the adoption of Resolution No. 38618-100509.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and MayorBowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
Council Member Cutler offered the following budgef ordinance:
(#38619-100509) AN ORDINANCE appropriating funding from the
Commonwealth of Virginia for the Fire Program Grant, amending and reordaining
certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 510.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38619-
100509. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
STATE HIGHWAYS: The City Manager submitted a written communication
recommending approval to reduce/modify funding in connection with the Virginia
Department of Transportation (VDOT) 10th Street Second Stage Crossing Project.
(For full text, see communication on file in the City Clerk's Office.)
516
Council Member Mason offered the following budget ordinance:
(#38620-100509) AN ORDINANCE to de-appropriate funding from State Grant I
Funds for the 10th Street Crossing Improvement project, amending and reordaining
certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 511.)
Council Member Mason moved the adoption of Budget Ordinance No. 38620-
100509. The motion was seconded by Council Member Cutler.
Council Member Cutler asked that the lights at the pedestrian crosswalk at the
10th Street section of the Lick Run greenway be inspected, adding that the lights were
not functioning properly.
There being no additional comments by the Council Members, Budget Ordinance
No. 38620-100509 was adopted by the following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote I
was recorded.)
STATE HIGHWAYS: The City Manager submitted a written communication
recommending approval of design features of the Virginia Department of Transportation
(VDOT) 13th Street /Hollins Road Project.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38621-100509) A RESOLUTION approving the location and major design
features of the 13th Street and Hollins Road Improvements highway project in the City of
Roanoke and requesting the Virginia Department of Transportation to acquire all rights-
of-way necessary for the project.
(For full text of resolution, see Resolution Book No. 73, page 512.)
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517
Council Member Mason moved the adoption of Resolution No. 38621-100509.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
APPALACHIAN POWER COMPANY-UTILITIES: The City Manager submitted a
written communication recommending authorization to grant a 15-foot wide utility
easement to Appalachian Power Company, in order to provide underground electric
service to the new Police Academy located on Barns Avenue, N. W.
(For full text, see communication on file. in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
_ (#38622-100509) AN ORDINANCE authorizing the conveyance of a fifteen-foot
wide above ground and underground utility easement across City-owned property
located on Barns Avenue, N.W., designated as Tax Map No. 6610101, to Appalachian
Power Company, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 513.)
Council Member Mason moved the adoption of Budget Ordinance No. 38622-
100509. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Cutler, Mason, Rosen, Trinkle and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea was absent and Council Member Price was not present when the vote
was recorded.)
518
COUNTRYSIDE GOLF COURSE: Due to not having a majority vote for I
appropriation of funds as recommended for improvements to the Countryside Golf
Course, the City Manager stated that staff could not execute a management agreement
of the golf course until funds had been appropriated, adding that if it is removed or
carried over, Council would need sufficient members present at the next regular
meeting of the Council on Thursday, October 22, 2009, to make a final decision or the
current contract would expire and no management firm would be under contract, which
could potentially be later than November before approved if not approved.
Inasmuch as Vice-Mayor Lea and Council Member Price had expressed an
interest in the matter, the Mayor stated that the matter would be deferred until the arrival
of Council Member Price.
(See pages 521 - 522, regarding action taken by the Council.)
COMMENTS BY CITY MANAGER:
PARKS-ACTS OF ACKNOWLEDGEMENT-BRIDGES-GREENWAYS-FIRE-
EMS-POLICE-CITY EMPLOYEES: The City Manager shared that the Fall Waterways
Cleanup was held on Saturday, October 3 and was a region wide event, adding that the
City collected 21.21 tons of trash out of the City portion of the Roanoke River, and that
more than 500 volunteers participated.
I
She stated that the City was getting ready to replace the low water bridge near
Wasena off Main Street and that beginning the third week in October 2209 until the first
week in March 2010, the bridge would not be in operation, added that it would be
necessary for greenway users to find another route during the construction period.
Ms. Burcham indicated that replacement of the bridge would allow better fish
passage and minimize the bridge footprint in the river. She pointed out that although
this would be a minor inconvenience, the improvement would be worth the wait.
Furthermore, she commented that signage regarding the closing was displayed at the
Fall Waterways Cleanup on Saturday and the City would be doing additional publicity
regarding the closing.
Council Member Cutler stated that the removal of the low water bridge follows
the removal of the low water dam, and that the City was in the process of removing two
important obstacles to make the river more natural and beautiful, as well as more
usable. He added that the river was becoming cleaner because of said efforts and also
due to more citizen awareness of the need to keep the river clean.
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519
In regard to the new fire station on Melrose Avenue, the City Manager
.announced that the station would have a community room and a Police substation,
something that the northwest section of the City had wanted for some time, which would
result in a quicker response for Fire-EMS services, and provide additional resources to
the community. .
In response to a citizen's comments regarding the number of employees involved
with the mowing operations and number of deputy chiefs employed with the Police
Department, the City Manager stated that there were approximately 15 Parks and
Recreation employees involved with the mowing operations; and two deputy Ghiefs in
the Police Department.
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the financial report for
the months of July and August 2009.
(For full text, see financial report on file in the City Clerk's Office.)
The Director of Finance advised that the financial report featured the months of
July and August; and she summarized the findings of the report further advising that the
performance of the City's Pension Plan had improved.
Without objection by the Council, Mayor Bowers advised that the Financial
Report for July and August 2009 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY
COUNCIL:
SCHOOLS-CITY MARKET-CITY MANAGER-ECONOMIC DEVELOPMENT-
BRIDGES-PARKS-AMPHITHEA TER: Mayor Bowers stated that the escalators in the
City Market Pedestrian Bridge were not operational, and requested that the matter be
investigated by the City Administration.
520
He also said that he has had conversations with the City Manager and Assistant I
City Manager for Community Development regarding the City Market Building
renovations and construction of the amphitheater in Elmwood Park and would like for
staff to hold public meetings to share the City's plans regarding both projects. He
further asked that the City Manager create a slide presentation with information about
what the City anticipates as changes to the Market Building as well as the design for the
amphitheate'r in Elmwood Park.
The City Manager stated that an announcement was made today for a new
director for Downtown Roanoke, Inc., and staff has been waiting until the person was
hired to have a public meeting to share the City's timetable for renovation of the City
Market Building, renovation of the Center in the Square, as well as Downtown
Roanoke's renovation of the market area; and furthermore, she is working to ensure
that all projects are done with consideration of least impact on traffic and the public's
ability to access downtown.
Council Member Cutler announced that there would be a special meeting of the
City Council's Personnel Committee on Thursday, October 15, 2009, at 7:00 p.m., in the
Council Chamber, for the purpose of holding another public meeting with the executive
search firm to seek citizen input for the development of the City Manager profile. He
further stated that he had received inquiries about the future use of the space where
Ukrops is currently located, and suggestions made were for a possible library. He
asked if it this was the responsibility of IMD; whereupon, the City Manager responded in I
the affirmative. She stated that it was the responsibility of IMD to find a tenant, and that
the City's contract states that the developer has a specific period of time to find an
occupant for this location; and public use such as a library would not have an
associated revenue stream with it. In addition, she indicated that given the effort made
to create that site, the developer needed to find a retail opportunity that was new to the
City for the location to meet the terms of the performance agreement.
Mayor Bowers referred to his State of the City address whereby he first
mentioned a medical school and how people that it would not happen, adding that the
same was true of his suggestion for a law school; however, he has been contact by
higher education facilities expressing an interest in the idea. He noted that the idea has
been discussed with the City Manager and the Assistant City Manager for Community
Development, but it was still very preliminary in concept.
At 3:38 p.m., the Mayor declared the Council meeting in recess for a Closed
Meeting in the Council's Conference Room, Room 451.
At 3:40 p.m. Council Member Price entered the Council Chamber.
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521
COUNTRYSIDE: The Mayor advised that since Council Member Price was in
attendance, the Council was prepared to take action on the City Manager's
communication recommending appropriation of bond funds for Countryside Golf Course
capital improvements.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38623-100509) AN ORDINANCE to appropriate funding to be provided by the
Series 2010 Bonds to the Countryside Golf Course Capital Improvements project,
adding, amending and reordaining certain sections of the 2009-2010 Golf Course Fund
Appropriations.
(For full text of ordinance, see Ordinance Book No. 73, page 514.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38623.
The motion was seconded by Council Member Cutler.
Valerie Garner, Countryside Neighborhood Alliance, appeared before Council in
support of the appropriation and improvements to the golf course.
Council Members Mason and Rosen voiced their concern about spending money
on the golf course at the present time.
Council Member Trinkle expressed his support of the appropriation, advising that
he was in agreement with his colleagues; however, the responsible thing to do was to
try to maintain the golf course over the next few years and see if it works, adding that if
it did not, the City would have other options for how to use it.
Council Member Price pointed out that Countryside Golf Course was unique
amenity for the Roanoke Valley and she would support appropriating funds to give the
golf course a chance to succeed.
Council Member Cutler stated that Vice-Mayor Lea and he were on City Council
in 2005 when the Council voted to buy the property, and the Council hoped it would be
converted to a mixed-use residential area to increase the City's tax base; however, that
has not happened. He shared that he spoke with former Mayor Tarpley of the City of
Salem who said they would love to have a municipal golf course in Salem, adding that
Salem did a study that said it would cost several million dollars to build a golf course.
He explained that he wished Council's original plan had succeeded, but since it did not,
he was willing to listen to his colleagues in Salem and support Countryside's potential to
be a success.
522
Council Member Rosen asked the City Manger to explain the City of Salem's
study for a golf course; whereupon, Ms. Burcham stated that the 1996 study was very I
dated, adding that the City of Salem chose not to construct a golf course because they
realized that it would not be self-supporting, adding that there would need to be
significant investments in Countryside than what the City has proposed in order to make
it a successful facility. She further stated that it was important to put the 1996 study in
context since the economy was different today.
There being nO additional comments by the Council Members, Budget Ordinance
No. 38623 was adopted on its first reading by the following vote:
AYES: Council Members Cutler, Price, Trinkle and Mayor Bowers-4.
NAYS: Council Members Mason and Rosen-2.
(Vice-Mayor Lea was absent.)
At 4:13 p.m. the Council Meeting was declared in recess for a Closed Meeting in
the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W.
At 4:47 p.m. the Council Meeting reconvened in the Council Chamber, Mayor
Bowers presiding, with all Members of the Council in attendance, with the exception of I
Vice-Mayor Lea.
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Cutler moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Mayor
Bowers-6.
NAYS: None-O.
(Vice-Mayor Leas was absent.)
OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor
called attention to a vacancy on the Roanoke Civic Center Commission created by the
expiration of the three-year term of office of Thomas G. Powers, Jr., noting that
inasmuch as Mr. Powers has served three consecutive terms of office, he was not
eligible for reappointment; whereupon, he opened the floor for nominations.
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523
The name of Laura L. Rawlings was placed in nomination.
There being no further nominations, Ms. Rawlings was appointed as a member
of the Roanoke Civic Center Commission for a term ending September 30, 2012, by the
following vote:
FOR MS. RAWLINGS: Council Members Cutler, Mason, Price, Rosen, Trinkle
and Mayor Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
Inasmuch as Ms. Rawlings is a non-city resident, the city residence requirement
will be waived in this instance.
OATHS OF OFFICE-CITY PLANNING COMMISSION: The Mayor called
attention to a vacancy on the City Planning Commission created by the resignation of
Richard A. Rife for a term ending December 31, 2012; whereupon, he opened the floor
for nominations.
The name of Mark K. Futrell was placed in nomination.
There being no further nominations, Mr. Futrell was appointed as a member of
the City Planning Commission for a term ending December 31, 2012, by the following
vote:
FOR MR. FUTRELL: Council Members Cutler, Mason, Price, Rosen, Trinkle and
Mayor Bowers.:.6.
NAYS: None-O. '
(Vice-Mayor Lea was absent.)
OATHS OF OFFICE-YOUTH SERVICES CITIZENS BOARD: The Mayor called
attention to a vacancy on the Youth Services Citizen Board created by the expiration of
the three year term of office of Earnestine Garrison ending May 31 , 2012; whereupon,
he opened the floor for nominations.
The name of Anna Balog was placed in nomination.
There being no further nominations, Ms. Balog was appointed as a member of
the Youth Services Citizens Board for a term ending May 31, 2012, by the following
vote:
524
FOR MS. BALOG: Council Members Cutler, Mason, Price, Rosen, Trinkle and
Mayor Bowers-6.
NAYS: None-O. .
(Vice-Mayor Lea was absent.)
OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention
to the expiration of the three-year terms of office of James Fazio Tom Mealey and
Harold F. Wallick as members of the Towing Advisory Board on October 31, 2009;
whereupon, he opened the floor for nominations.
The names of James Fazio, Tom Meal~y and Harold F. Wallick were placed in
nomination.
There being no further nominations, Messrs. Fazio, Mealey, and Wallick were
reappointed as members of the Towing Advisory Board for terms of three years ending
October 31,2012, by the following vote:
FOR MESSRS. FAZIO, MEALEY AND WALLICK: Council Members Cutler,
Mason, Price, Rosen, Trinkle and Mayor Bowers-6.
NAYS: None-O.
(Vice-Mayor Lea was absent.)
ARCHITECTURAL REVIEW BOARD: The City Clerk was instructed to schedule
the following interviews on November 2, 2009 commencing at 12:00 noon in the
Council's Conference Room to fill vacancies on the Architectural Review Board for
terms ending October 1, 2013 with the Council and Anne Beckett, Alison Blanton, Aaron
Copeland and Jon Stephenson.
There being no further business, the Mayor declared the Council meeting
adjourned at 4:57 p.m.
APPROVED
ATTEST:
~QcrJ~
David A. Bowers
Mayor
Jonathan E. Cra
Deputy City Clerk
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525
PERSONNEL COMMITTEE - ROANOKE CITY COUNCIL
October 15, 2009
7:00 p.m.
A special meeting of the City Council Personnel Committee was called to order
on Thursday, October 15,2009, at 7:00 p.m., in the Council Chamber, fourth floor of the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman
Gwendolyn W. Mason presiding.
PRESENT: Vice-Chairman M. Rupert Cutler and Chairman Gwendolyn W.
Mason-2.
ABSENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen,
David B. Trinkle and Mayor David A. Bowers-5.
OFFICERS PRESENT: Stephanie M. Moon, City Clerk; and Jonathan E. Craft,
Deputy City Clerk.
Chairman Mason advised that the purpose of the public meeting is to receive
additional citizen input regarding the recruitment process for a new Gity Manager.
Chairman Mason gave a brief overview of the City Manager search process.
Colin Baenziger, Colin Baenziger and Associates, the consultant, shared input on
the recruitment profile and asked for input regarding improvement in City government,
such as characteristics of an idea candidate.
The following comments were shared:
Below is a summary of comments:
· Have the quality of being people-friendly and invest in people;
. Diversity;
· Works with businesses;
526
. Should be a resource person, have high visibility, think globally;
. Open door policy or (accessibility); agent of change, advocate for
Roanoke Valley
. Need to maintain achievements, everyone has unique gifts, and
Roanoke City Government has had 15 changes in City Council in
the past 1 0 years
. Has to be willing to look ~t the past, work in the present and give
community a glowing future;
. A willingness to embrace the City, the City will embrace them;
. Say what they mean and mean what they say;
. Need someone with transparency, truth and trust; be fair with all
people - it's about the people;
. Need to be involved with the School Board;
. Opportunity to hire a City Manager who can set the tone for the
management of the City and administration for the next five to ten
years;
. Says yes when they can and no when they have to and are clear
and prompt in the communication of both;
. Someone who has trust and faith in the staff;
. Someone who is confident, but not arrogant in making decisions,
and who does not have to study and re-study indefinitely things that
have been studied in the past;
. Works well with all the various groups around the City who has a
vested interest in seeing this community grow and sees to our
common future;
. Does not have to have everything their way;
. Should be tough enough to take a divergent opinion and be able to
listen to other people;
. Needs to be a unifier of people, the departments of the City and all
of the communities throughout the City;
. Need to continue the growth and celebration of diversity in the City
of Roanoke;
. Need to be a team player;
. Able to bridge the gap between the Council and all of the
stakeholders; and
. Able to be in the spotlight, either good or bad
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Following additional comments from the citizens, Mr.Baenziger expressed his
appreciation for the participation. He announced that he would be talking to the
candidates, in detail, within the next two - three weeks; and thereafter, would be
preparing a short list for the Council's review.
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527
There being no further business, Chairman Mason declared the meeting
adjourned at 8:00 p.m.
ATTEST:
~m. m~0-v0
Stephanie M. Moon, CMCs--
City Clerk
APPROVED
YDMt) ~
528
October 22,2009
I
ROANOKE CITY COUNCIL-REGULAR SESSION
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 22,2009, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A.
Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section
2-15, Rules of Procedure, Rule 1, Reaular Meetings, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the
Council on Monday, July 6,2009.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler (arrived late), and Mayor
David A. Bowers-7.
ABSENT: None-O.
In order for the Council and City officials to be in attendance for an important
announcement by Governor Tim Kaine scheduled for 2:30 p.m., on Mill Mountain, the I
Mayor declared the Council meeting in recess until 4:30 p.m., in the Council Chamber.
At 4:30 p.m., the Council meeting reconvened in the Council Chamber, with
Mayor Bowers presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, and Mayor David A.
Bowers-7.
ABSENT: None-O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; John W. Bingham, Assistant Director of Finance; and
Stephanie M. Moon, City Clerk; and Jonathan E. Craft, Deputy City Clerk.
The Mayor declared the existence of a quorum.
The Invocation was delivered by The Reverend Andy Rice, Senior Pastor,
Mineral Springs Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by I
Mayor Bowers.
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529
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
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 immediately for response, recommendation
or report to Council.
COMPLAINTS-HUMAN SERVICES: Ingrid Smith and Tuly Rosen appeared
before the Council and spoke about incidents at the Trust House.
Alleged allegations were referred to the City Manager for investigation and report
to Council.
(See copy of response from City Manager dated December 8, 2009 on file in the City
Clerk's Office.)
COMMITTEES-SCHOOLS: Chris Craft appeared before the Council in support
of the construction of a gymnasium at Grandin Court Elementary School; and expressed
concern regarding the lack of response by the Council regarding his requests for
appointments to certain authorities, boards, commissions and committees.
YOUTH-NIGHTCLUBS: Bernard Basham and Stark Jones appeared before the
Council concerning the ambiguity regarding the presence of alcohol on the premises
while operating an establishment as a teen dance hall on certain week-ends; and
requested that the City Code be revised to permit clubs to operate on premises where
alcohol is stored, as long as the alcohol is secured and not available to attendees.
Comments were referred to the City Manager and City Attorney for review, report
and responses to the Council as soon as possible.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. Mayor Bowers called attention to his request for a Closed Meeting to
discuss the Citizen of the Year Award; and an additional request for a Closed Meeting
by the City Manager regarding discussion of the award of a public contract involving
expenditure of public funds, and the terms and scope of such contract.
530
CITIZEN OF THE YEAR: A communication from Mayor David A. Bowers I
requesting that Council convene in a Closed meeting to discuss the 2009 Citizen of the
Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended; was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor
Bowers-7.
NAYS: None-O.
(Mayor Bowers withdrew his request during the Closed Meeting.)
YOUTH SERVICES CITIZEN BOARD-OATHS OF OFFICE: Report of
qualification of Heather R. Gerbus as a member of the Youth Services Citizen Board for
term ending on May 31, 2012; was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
I
Council Member Mason moved that the report of qualification be received and
filed. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: . Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
LEASES: A written communication from the City Manger requesting that Council
convene in a Closed Meeting to discuss the award of a public contract involving the
expenditure of public funds, and to discuss the terms and scope of such contract, where
discussion in an open session would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of
Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
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531
Council Member Mason moved that Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded
by Council Member Trinkle and adopted by the following vote:
AYES: Counc,il Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written
communication recommending acceptance of the United States Department of Health
and Human Services Runaway and Homeless Youth Basic Center Program Grant.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38624-102209) A RESOLUTION authorizing the acceptance of a grant from
the U. S. Department of Health and Human Services to be used for salary and fringe
benefits of counselors and related activities in the Sanctuary Outreach Program; and
authorizing the execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 73, page 515.)
532
Council Member Mason moved the adoption of Resolution No. 38624-102209.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
I
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
(#38625-102209) AN ORDI NANCE to appropriate funding from the Federal
government for the Runaway and Homeless Youth Act Grant, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 516.)
Council Member Mason moved the adoption of Budget Ordinance No. 38625-
102209. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and I
Mayor Bowers-7.
NAYS: None-O.
APPALACHIAN POWER COMPANY-EASEMENTS-FIRE/EMS: The City
Manager submitted a written communication recommending authorization to grant a
15-foot wide utility easement to Appalachian Power Company for underground electric
service to the new Fire Station No.5 located at 1920 Orange Avenue, N. W.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38626-102209) AN ORDINANCE authorizing the conveyance of a fifteen-foot
wide above ground and underground utility easement across City-owned property
located at 1920 Orange Avenue, N. E., designated as Tax Map No. 2322001, to
Appalachian Power Company, upon certain terms and conditions; and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 517.)
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533
Council Member Rosen moved the adoption of Ordinance No. 38626-102209.
The motion was seconded by Council Member Mason.
Mayor B~wers expressed concern regarding aboveground utility easements.
There being no additional comments by the Council Members, Ordinance No.
38626-102209 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, and Cutler-6.
NAYS: Mayor Bowers-1.
BUSES: The City Manager submitted a written communication recommending
approval of Greater Roanoke Transit Company Smart Way Commuter Service daily and
monthly pass fare increases.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38627-102209) A RESOLUTION approving and establishing an increase to the
daily one way fare and to the monthly pass fare for the Greater Roanoke Transit
Company (GRTC), dba Valley Metro, Smart Way Commuter Service; establishing an
effective date; and authorizing the City Manager to take any necessary action to
accomplish the implementation, administration, and enforcement of such fare increases.
(For full text of resolution, see Resolution Book No. 73, page 518.
Council Member Mason moved the adoption of Resolution No. 38627-102209.
The motion was seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
COMMENTS BY CITY MANAGER:
HOUSING-VIRGINIA MUNICIPAL LEAGUE: The City Manager expressed
appreciation to the Council for their support and participation at the Virginia Municipal
League's Annual Conference on October 18 - 21, 2009, adding that she had received
many compliments concerning the Conference, and praised City staff for their
outstanding work. Furthermore, she said every city department participated, with 80
volunteers giving of their time to help with the conference activities.
534
She also shared her concerns regarding funding for Section 8 assistance for
public housing through HUD, in that HUD had revealed it had insufficient funds to assist
individuals for the balance of the calendar year. Additionally, she said it was sometimes
as late as May when public housing authorities were advised of how much money they
would receive for Section 8 assistance, and that there were nine public housing
authorities in Virginia who would be affected by said situation. Ms. Burcham explained
that because they were operating on the assumption they would have money, the
Roanoke Redevelopment and Housing Authority was now coming up short on funding
to assist individuals who need Section 8 housing; the Housing Authority has asked HUD
to let them reprogram funds for assistance, to no avail; and the City had also asked to
reimburse itself from CDBG if it reprogrammed funds, but was also turned down. Lastly,
she said there is legislation before Congress to allow HUD to have advance money to
help Section 8 recipients.
In response to Council Member Rosen's question as to whether the City could
fund the amount needed to supplement the Housing Authority's funds for Section 8
housing, Ms. Burcham stated that she does not recommend this action since this was a
federal issue. She added that in addition to the individuals who were selected to
receive Section 8 assistance, there was also a waiting list for those who qualified.
Furthermore, she was of the opinion that if Council funds said request, there would be a
long line of organizations also asking for the City's help. She reminded the Council that
the City anticipates at least a $1 million shortfall in state funds this year, and that
contingency funds in the City budget were just over $1 million.
The City Manager recommended that the Council make a full court press with the
City's federal delegation by adopting a resolution or writing a letter that identifies this
plight and the need for Congress to act quickly to help the City and other Virginia
localities, as well as localities across the nation.
Council Member Mason asked if there was any pattern regarding which
authorities were affected; whereupon, the City Manager explained that localities that
have public housing authorities administer Section 8 funds; she also said given this
dilemma, the Housing Authority would not start 2010 with the anticipation of 100%
funding, which meant they would be able to serve fewer individuals, adding that a few
Virginia localities have been assisted by HUD, but said this was a national problem that
needs speedy action to benefit those who would receive reduced funding. She also
stated that all three Congressional representatives of Roanoke were aware of the
situation.
Mayor Bowers asked the City Manager to have staff draft an appropriate letter to
the Congressional representatives for Council Members' signatures.
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535
DIRECTOR OF FINANCE:
BONDS-BOND ISSUES: The Director of Finance submitted a written report
recommending authorization to issue refunding bonds not to exceed $50 million.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#38628-102209) A RESOLUTION authorizing the issuance and sale of not to
exceed Fifty Million Dollars ($50,000,000.00) principal amount of City of Roanoke,
Virginia, General Obligation Public Improvement refunding Bonds; authorizing the sale
of such bonds at competitive or negotiated sale; fixing the form, denomination and
certain other details of such bonds; delegating to the City Manager and the Director of
Finance certain powers with respect thereto, including the power to select the
underwriters if such bonds are sold at negotiated sale; authorizing the city to enter into
one or more bond purchase contracts by and between the city and such underwriters
relating to such bonds; authorizing the City Manager and the Director of Finance to
execute and deliver such bond purchase contracts; authorizing the preparation of a
preliminary official statement and an official statement and the delivery thereof to the
purchasers of such bonds; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing the City Manager and the
Director of Finance to appoint an escrow agent; authorizing the execution and delivery
of an escrow deposit agreement by and between the city and such escrow agent
relatingto the refunded bonds; authorizing the City Manager and the Director of Finance
to appoint a verification agent; authorizing the City Manager and the Director of Finance
to designate the refunded bonds for redemption; and otherwise providing with respect to
the issuance, sale and delivery of such bonds and the refunding of the refunded bonds.
(For full text of resolution, see Resolution Book No. 73, page 519.)
Council Member Mason moved the adoption of Resolution No. 38628-102209.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
536
REPORTS OF COMMITTEES:
I
ROANOKE CITY SCHOOLS: The Roanoke City School Board submitted a
written report requesting appropriation of funds for various program accounts; and the
Director of Finance submitted a written report recommending that Council concur in the
request.
(For full text, see reports on file in the City Clerk's Office.)
Council' Member Trinkle offered the following budget ordinance:
(#38629-102209) AN ORDINANCE to appropriate funding from the Federal and
Commonwealth governments, local match, and the Foundation for Roanoke Valley
Philanthropy for various educational programs, amending and reordaining certain
sections of the 2009-2010 School Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 535.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 38629-
102209. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
I
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNTRYSIDE: Ordinance No. 38623, on second reading, appropriating funds
in connection with the Countryside Golf Course capital improvements, have previously
been before the Council for its first reading, was again before the body, Council Member
Trinkle offered the following ordinance for its second reading and final adoption:
(#38623-102209) AN ORDINANCE to appropriate funding to be provided by the
Series 2010 Bonds to the Countryside Golf Course Capital Improvements project,
adding, amending and reordaining certain sections of the 2009-2010 Golf Course Fund
Appropriations.
(For full text of ordinance, see Ordinance Book No. 73, page 514.)
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537
Council Member Trinkle moved the adoption of Budget Ordinance No. 38623-
102209. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Lea, Price, Trinkle, Cutler, and Mayor Bowers-5.
NAYS: Council Members Mason and Rosen-2.
MOTIONS AND MISCELLANEOUS BUSINESS:
FIFTH PLANNING DISTRICT-VIRGINIA MUNICIPAL LEAGUE-SCHOOLS-ART:
Council Member Trinkle said he thought the Virginia Municipal League event went very
well and showed off the City of Roanoke in a positive way; and expressed his support
for construction of the gym for Grandin Court Elementary School and asked for an
update on the Arts District and the City's ordinance that addresses street vendors. The
City Manager explained that the Arts District discussion was scheduled for the
November 2 City Council meeting, and that the City did not have anything in its
ordinances that allow selling of food on public property, however, food could be sold on
private property. She further stated that the City might want to revisit the issue after the
new Executive Director of Downtown Roanoke, Inc., starts his job; and it is important to
make sure competition is not an issue, and to ensure there is appropriate distance
between the food vendor and the restaurants in said vicinity. Council Member Trinkle
asked that the City Manager and the City Attorney report back to the Council regarding
the issue.
Council Member Trinkle called attention to the missing Virginia Tech student,
Morgan Harrington, Roanoke County resident, stating that he is a friend of the family;
and his thoughts and prayers were with the Harrington family.
The Mayor offered his congratulations to Council Member Trinkle for being
named as the Chair of the Roanoke-Alleghany Regional Commission.
At 5:50 p.m., the Mayor declared the Council meeting in recess for a Closed
Meeting in the Council's Conference Room, Room 451.
At this point, Mayor Bowers noted that it was not necessary for the Council to
meet in Closed Meeting to discuss the Citizen of the Year Award; and therefore
withdrew the request.
538
At 6:25 p.m., the Council meeting reconvened in the Council Chamber, Mayor I
Bowers presiding and all Members of the Council in attendance, with the exception of
Vice-Mayor Lea and Council Member Trinkle who left during the Closed Meeting.)
COUNCIL: With the respect to the Closed Meeting just concluded, Council
Member Cutler moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Mason, Price, Rosen, Cutler, and Mayor Bowers-5.
NAYS: None-O.
(Vice-Mayor Lea and Council Member Trinkle were' absent.)
At 6:26 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in
the Council Chamber, Room 450, Noel C. Taylor Municipal Building.
At 7:00 p.m., the Council meeting reconvened in the, City Council Chamber, I
Room 450, Noel C. Taylor Municipal Building with Mayor David A. Bowers presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J.
Price, Court G. Rosen, M. Rupert Cutler, and Mayor David A. Bowers-6.
ABSENT: Council Member David B. Trinkle-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer,
Assistant City Attorney; John W. Bingham, Assistant Director of Finance; Stephanie M.
Moon, City Clerk, and Jonathan E. Craft, Deputy City Clerk.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
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539
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Thursday,
October 22, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard, on the
request of Fralin Companies, Inc., to rezone properties located on Gatewood Avenue
and McVitty Road, S. W., bearing Official Tax Nos. 5100527, 5100528, 5100535 and
5100534, from R-7, Residential Single Family District, to MX, Mixed Use District, for
uses as permitted in the zoning district, subject to the following conditions: (1) that the
properties be developed in substantial conformity with a development plan entitled
"Gatewood Green", dated July 15, 2009; (2) a gable roof shall be used on all buildings
and the maximum roof height shall be 35 feet; (3) building facades along McVitty and
Gatewood shall have minimum 20% glazing, window and door openings aligned
horizontally and vertically; and an entrance with a sidewalk connecting to the public
sidewalk; (4) exterio~ siding material shall be limited to brick, stone or horizontal lap
siding; (5) building mounted fixtures shall not include wallpacks, spotlights or floodlights.
Pole or self-supported lighting fixtures shall not exceed 15 feet in height. All lighting
shall be shielded down. Site lighting shall not exceed 0.5 foot candles at adjoining
property lines; (6) any freestanding signs shall be monument style and not internally
illuminated; (7) exterior HV AC units and other exterior equipment shall not be placed
within any front yard along Gatewood or McVitty; and (8) all buildings shall be
developed in substantial conformity with drawing entitled "Gatewood Green", dated
August 21,2009, the matter was before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 2, 2009, and Friday, October 9, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the request, finding the application to rezone the subject property to be
consistent with the Greater Deyerle Neighborhood Plan. It was further reported that the
proposed development implements numerous design principles of Vision 2001-2020
with respect to layout of the site and orientation of buildings; and the property also was
abutted on two sides by commercial property and faces Electric Road making it
unsuitable for residential development.
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
540
"AN ORDINANCE to amend ~36.2-100, Code of the City of Roanoke (1979), as I
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain properties within the City, subject to certain
conditions proffered by the petitioner; and dispensing with the second reading of this
ordinance by title.
Council Member Rosen moved the adoption of the Ordinance. The motion was
seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
Sean M. Horne, Vice-President, Balzer and Associates, Inc., submitted a written
communication requesting that the matter be deferred until the regular meeting of the
Council scheduled to be held on Monday, November 16, 2009 at 7:00 p.m.
(See copy of communication on file in the City Clerk's Office.)
Council Member Mason moved that the Council concur in the request that the
matter be deferred until 7:00 p.m., or as soon thereafter as the matter may be heard on
Monday, November 16, 2009. The motion was seconded by Vice-Mayor Lea and
adopted.
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Thursday,
October 22, 2009 , at 7:00 p.m. or as soon thereafter as the matter may be heard on the
request of CA V Roanoke Property Partnership, LLC, to repeal existing conditions set
forth in Ordinance No. 37791-052107, on property at 2924 Roberts Road, S. W.,
bearing Official Tax No. 1290211, and to rezone the property from CG, Commercial
General District, to MX, Mixed Use District, subject to the conditions that the existing
evergreen trees along the property line between tax parcels 1290210 and 1290211 be
retained and the front facade of the structure facing Roberts Road will remain the same
without material exterior modifications or additions, with the exception of ordinary
maintenance and the addition of any ramps necessary to satisfy ADA requirements, the
matter was before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 2,2009, and Friday, October 9,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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541
The City Planning Commission submitted a written report recommending
approval of the request, finding the application to rezone the subject property from the
CG District, with conditions, to the MX District to be consistent with Vision 2001-2020,
the Franklin Road/Colonial Avenue Area Plan, and the City's Zoning Ordinance. It was
further reported that the rezoning the property back to MX and retaining the existing
building would provide for transitional land uses between the large commercial
operations on Franklin Road and the adjacent residential neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38630-102209) AN ORDINANCE to amend Section 36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, by repealing Ordinance No. 37791-052107,
adopted May 21,2007, to the extent that it placed certain conditions on property at 2924
Roberts Road, S. W., Official Tax No. 1290211; rezoning the property within the City
from CG, Commercial General District, to MX, Mixed Use District; placing new proffers
on the subject property; and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 73, page 540.)
Council Member Rosen moved the adoption of Ordinance No. 38630-102209.
The motion was seconded by Council Member Ma~on.
The Mayor inquired if there were persons present who wished' to speak in
connection with the matter. There being none, he declared the public hearing closed.
Council Member Cutler asked for additional information regarding the evergreen
trees between the properties; whereupon, Chris Chittum, City Planning Commission
Agent, stated that the existing evergreen trees along the property line between Roanoke
City Tax Map Parcel 1290210 and 1290211 shall be retained to supplement the
required landscaped buffer yard.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38630-102209 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
I (Council Member Trinkle was absent.)
542
ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Thursday,
October 22,2009, at 7:00 p.m. or as soon thereafter as the matter may be heard on the
request of the City of Roanoke to amend the Institutional Planned Unit Development
Plan for property located at 2815 Spessard Avenue, S. W., Official Tax No. 1640317, to
allow for an addition of an architectural membrane structure approximately 4000 s.f. in
size to serve as a gymnasium and indoor play area at Grandin Court Elementary
School, the matter was before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 2,2009, and Friday, October 9, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending denial
of the application, stating that the application to amend the INPUD development plan for
Grandin Court Elementary School was inconsistent with Vision 2001-2020, the Grandin
Court Neighborhood Plan, and the City's Zoning Ordinance.
(For full text, see report on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38631-072009) AN ORDI NANCE to amend Section 36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5,2005, as amended, to amend the INPUD Development Plan to allow
for an addition of an architectural membrane structure approximately 4000 s.f. in size to
serve as a gymnasium and indoor play area at Grandin Court Elementary School as it
pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard
Avenue, S. W.; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 542.)
Council Member Rosen moved the adoption of Ordinance No. 38631-102209.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter.
Kay Woodward appeared before the Council and expressed concern regarding
the lack of parking around the school, necessary repairs to pot holes in the
neighborhood, and spoke in support of the proposed gymnasium and indoor play area
at the Grandin Court Elementary School.
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543
Jason Gordan appeared before the Council and spoke in support of the proposed
gymnasium and stressed safety issues regarding the use of the cafeteria as a
gymnasium, especially during inclement weather.
Kim Wilks appeared before the Council and spoke in support of an addition or an
architectural membrane structure to as a gymnasium and indoor play area at Grandin
Court Elementary School.
Chris Chittum, City Planning Commission Agent, responded to the questions
regarding concern expressed about the lack of parking around the school, noting that
the zoning dictates parking in this instance, adding that the compliant concerning the
pot holes would be investigated.
Curt Baker, Deputy Superintendent, Roanoke City Public Schools, appeared
before the Council and spoke about the affordability of the erection of the architectural
membrane structure as a gymnasium and indoorplay area at Grandin Court Elementary
School.
Following comments by the Council in support of the membrane structure,
Ordinance No. 38631-102209 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Thursday, October 22, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal to lease approximately 290 square
feet of City-owned property located in the Roanoke City Market Building at 32 Market
Square to Penick, Inc., d/b/a New York Subs, to be used as a food court business, on a
month to month basis beginning November 1, 2009, such terms not to exceed one
year, the matter was before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 9, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
544
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Penick, Incorporated, d/b/a! New York
Subs, for approximately 290 square feet in the City Market Building, located at 32
Market Square, for a month to month term not to exceed twelve (12) months, beginning
November 1, 2009, subject to approval as to form by the City Attorney.
I
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38632-102209) AN ORDINANCE authorizing the City Manager to execute a
lease agreement with Penick, Incorporated, d/b/a New York Subs, for approximately
290 square feet of space in the City Market Building for a month-to-month term,
effective November 1, 2009, not to exceed twelve (12) months; and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 543.)
Council Member Mason' moved the adoption of Ordinance No. 38632-102209.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in I
connection with the matter. There being none, he declared the public hearing closed.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38632-102209 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
TAXES: Pursuant to instructions by the Council, the City Clerk having advertised
a public hearing for Thursday, October 22, 2009, at 7:00 p.m., or as soon thereafter as
the matter may be heard, for the purpose of decreasing the current personal property
tax rate on aircraft weighting 20,000 pounds or more from $1.06 per $100.00 of
assessed value to $.45 per $100.00 of assessed value, while leaving the rate at $1.06
for all other aircraft, and decreasing the current personal property tax on motor vehicles
which use clean special fuels, as defined in Section 58.1-3506 (A)(22), Code of Virginia
(1950) a,s amended, by providing a ten percent credit on the taxable amount, which
amount is based on $3.45 per $100.00 assessed value, the matter was before the I
body.
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545
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 9, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
. The City Manager submitted written communications recommending change in
personal property tax rate for aircraft weighing 20,000 pounds or more; and establish
personal property tax incentive for owners of "Clean Special Fuel" vehicles.
(For full text, see communications on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38633-102209) AN ORDINANCE amending and reordaining, Section 32-104,
Levied Rate, of Article III, Tax On Tanqible Personal Property Generally, Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended to provide for a
special personal property tax rate for aircraft weighing 20,000 pounds or more;
providing for an effective date; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 544.)
Council Member Mason moved the adoption of Ordinance No. 38633-102209.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no further questions and/or comments by the Council Members,
Ordinance No. 38633-102209 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Trinkle was absent.)
Council Member Rosen offered the following ordinance:
546
(#38634-072009) AN ORDINANCE amending of Section 32-104, Levied: rates, I
Article III, Tax on Tanqible Personal Property Generally, Chapter 32, Taxation, Code of
the City of Roanoke by the addition of subsection (d) to provide for a special personal
property tax rate for certain motor vehicles which use clean special fuels; providing for
an effective date; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 546.)
Council Member Rosen moved the adoption of Ordinance No. 38634-102209.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES:. Council Members Lea, Mason, Price, Rosen, Cutler, and Mayor
Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
There being no further business, the Mayor declared the meeting adjourned at I
7:33 p.m.
APPROVED
ATTEST:
~rn.~
Stephanie M. Moon, CMC
City Clerk
"@~
David A. Bowers
Mayor
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547
ROANOKE CITY COUNCIL-REGULAR SESSION
November 2,2009
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 2, 2009, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009. .
Due to the lack of a quorum, the Mayor declared the Council meeting in recess
until a majority of the Council was in attendance.
At 9:24 a. m., the Council meeting reconvened in Room 159, first floor, Noel C.
Taylor Municipal Building, with Mayor Bowers presiding.
PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle,
M. Rupert Cutler, Sherman P. Lea and Mayor David A. Bowers-6.
ABSENT: Council Member Gwendolyn W. Mason-1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk, and Cecelia 1. Webb, Assistant Deputy City Clerk.
COMMITTEES-CITY COUNCIL: 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, and interviews
of applicants to fill vacancies on the Architectural Review Board, pursuant to Section
2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Mayor Bowers advised that he was not in support of the Council conducting the
interviews of applicants to fill vacancies on the Architectural Review Board in open
session, but would prefer to hold the interviews in Closed Meeting.
548
Council Member Rosen moved that the Council concur in the request of the I
Mayor to convene in Closed Meeting as above described, as amended, omitting the
language regarding interviews of applicants to fill vacancies on the Architectural Review
Board. The motion was seconded by Vice-Mayor Lea and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss the
disposition of publicly-owned property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2.-3711 (A)(3), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Cutler moved that the Council concur in the request of the City
Manager to convene in Closed Meeting as above described. The motion was seconded I
by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss the
award of a public contract involving the expenditure of public funds and the terms of
scope of such contract, where discussion in an open session would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to Section 2.2.-
3711 (A)(29), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Inasmuch as it was no longer necessary for the Council to convene in Closed
Meeting to discuss the award of a public contract involving the expenditure of public
funds and the terms of scope of such contract, where discussion in an open session
would adversely affect the bargaining position or negotiating strategy of the public body, I
the City Manager requested that the matter be withdrawn.
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549
Without objection by the Council, the matter was withdrawn.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
Washinaton Park Outdoor Aauatic Feasibilitv StudY. Public input and Final
Report:
Steve Buschor, Director of Parks and Recreation, presented an update and
responded to questions regarding the Washington Park Pool renovation options.
(See Power Point presentation on file in the City Clerk's Office.)
Mr. Buschor reviewed the following:
I. Existi~q Conditions
II. The Need
o Th~ City's Comprehensive Plan, through both the 2000 and 2007
Parks and Recreation Master Planning processes recommended that
the existing flat-water pool be converted to a leisure pool and contain
such amenities as:
· Zero-depth entry
· Current channels
· Waterfall s
· Slides
· The goal is to become a family-oriented outdoor aquatic destination.
III. Alternatives
Option 1:
Total Estimated Project Cost - $589,237.00
· Repair pool deck and improve deck space area
. Repair pool structure and finishes
· Repair pool mechanical systems
. A & E fees
· Operational cost recovery - 30%
· Subsidize approximately $61,000.00 annually (no change over existing
operation)
550
Option 2: Repair & Renovation
1
Total estimated project cost - $1,908,911.00
. Enhancements
o Zero depth entry leisure pool
o Spray-ground
o Diving boards
o Interactive play structure
o Drop slide
Repairs
. Deck
. . Mechanical system
. Replace pool finish
Bathhouse and Site improvements
A&E
Minimal cmticipated change in operational cost recovery.'. ".'
Option 3:
. Total estimated construction cost - $3,645,360.00
. Enhancements
o leisure pool (new construction)
· Zero depth entry leisure pool
· Participatory play feature
.. Kiddie slide
· Water sprays
· Current channel
· Lily pad walk
· Interactive play structure
· Two flume waterslide structure with run out
· Totpool
· Deck
· Fencing
· Site lighting
· Shade structures
. Bathhouse and site improvements
. A&E fees
1
. Cost recovery anticipated at 99%
1
1
1
1
551
IV. Bathhouse Renovations
. Fa<;ade & roof enhancements
. Parking area asphalt sealing, striping, and new signage
. Entrance and control point enhancements
. New security gating
. Interior wall improvements
. New windows and doors
. Flooring treatments; slip resistance and sealants
V. Results of Public Comments of September 24,2009
. Agreed that Roanoke needed a modern family oriented outdoor water
experience at Washington Park
· Design should enhance the character of the neighborhood, not detract
from it
. Separate bodies of water were favored to allow teens and youth/seniors
and infants to have separate experiences
· Spray areas, zero-depth entry, slides, modest interactive play areas,
bathhouse enhancements, and improved shade structures were viewed as
being acceptable
. Most parents in attendance were in favor of design Option 2
· Parents felt that a user fee of $5.00 per visit wasn't an unreasonable rate
· Roanoke parents are already taking their children 20+ minutes away to
use similar facilities in other localities
VI. Staffs Recommendations
· Authorize the City Manager to execute the necessary actions to solicit
A&E design services for this project and provide periodic updates to
Council as the design phase moves forward
Dr. Trinkle inquired as to the staff recommendation for the project; whereupon,
Mr. Buschor replied option 2 was recommended noting that there will continue to be a
subsidy. He noted that option 2 was a nice middle ground for both parties that satisfied
the needs of the pool and the community.
After further discussion, the Council concurred with the staff recommendation to
move forward with Option 2 and to direct the City Manager to schedule a public hearing
for November 16, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard,
to receive citizen comments regarding the solicitation for A&E designs services for the
project.
Creation of Arts and Cultural District
Tom Carr, Director of Planning and Building Development, presented the
following information about the City's proposed Arts and Cultural District:
552
1
FY 2010 Arts & Cultural
Organization Support
1
General Fund Support - Arts Commission
Real Estate Exemptions
~
Total
$ 285,000
$ 501,000
liJUMQQ
$1,802,000
$501,000 is the difference in computed real estate tax and the service charge in lieu of taxes.
Capital support is for Mill Mountain Zoo. Historical Society. Center in the Square. Science
Museum. Harrison Museum and debt service on contribution to the Taubman Museum
Per Capita Support Comparisons
Harrisonburg
Charlottesville
Roanoke
$ 0,79
$ 6,56
$19.51
1
1
Possible Revenue
Adjustments
Admissions
BPOL
~
Total
$210,000
$ 4,000
L..MQQ
$220,000
· Based on 25 largest organizations
· 36.42% or $80,000 is allocated to City Schools
1
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553
554
Recommended Provisions
1
. Establish a district for the purpose of marketing
· Limit to museums, performing arts venues and galleries
. Tax incentives not critical
- Harrisonburg
- Level of current support
. Consider non-monetary incentives and recognition
- Recognition sign age/markers/arts tour podcasts
- District marketing/maps/brochures
- Exemptions for display of art and promotional materials within the
district
Council Member Trinkle suggested that revenue estimates and admissions and
sales taxes be ,reviewed by the Administration; and inquired if the district had to be
contiguous. Mr. Carr replied that only one district had to be contiguous and only in this 1
instance does the State allow the locality to make the rules.
Council Member Rosen was of the opinion that the best way to support art
galleries was to visit and purchase art work. He noted that the district should be
implemented as a marketing tool without monetary incentives, adding that with success;
revisit the financial incentives at a later time.
After further dialogue, Vice-Mayor Lea offered a motion that the Administration
move forward with marketing of the Arts and Cultural District, and City staff report back
to the Council regarding the creation of the district during budget study; and that staff
schedule a meeting with stakeholders to receive feedback regarding a possible arts and
cultural district and report findings to the Council. The motion was seconded by Council
Member Cutler and adopted.
At 11 :05 a.m., the Mayor declared the Council meeting in recess.
At 11:47 a.m., the Council meeting reconvened in Room 159, Mayor Bowers
presiding, and all Members of Council in attendance, with the exception of Council
Member Mason.
1
555
1 Mill Mountain Park Manallement Plan
The City Manager advised that if the Council desires to place a conservation
easement on parts of Mill Mountain, City staff would need feedback regarding the
groups to be contacted for input, specific areas covered by the easement, and a
timeline.
Donnie Underwood, Parks and Greenways Planner, showed a visual concept of
possible boundaries for the Mill Mountain Conservation Easement.
(See copy of the Plan on file in the City Clerk's Office.)
The City Attorney recommended that the City have a survey conducted to
determine boundaries of individual parcels.
Council Member Cutler stated that the goal of the easement was to protect the
visual integrity of the mountain and suggested that the easement include most of the
park, with the exception for the purpose of widening roads.
1
Although the project was a good one for the City, Council Member Trinkle
suggested that all parameters be reviewed carefully in order not to infringe upon any
future uses that may be viable to the City.
Vice-Mayor Lea asked that the public have an opportunity to voice concerns
regarding the matter. Council Member Trinkle also stated that staff needed to hold
public input sessions, but should move forward with the process.
Following discussion, it was determined that the Council was not in favor of
including the top of Mill Mountain in the easement. Mayor Bowers concluded that the
exclusion of the top of the mountain from the easement not be interpreted as
pro-development action.
Without objection from Council, Mayor Bowers directed the City Manager and
City Attorney to conduct a survey on the matter.
At 12:06 p.m., the Mayor declared the Council Meeting in recess for a special
called meeting of the Roanoke City Personnel Committee.
1
556
At 12:07 p.m., the Roanoke City Council Personnel Committee was called to 1
order by Chairman Gwendolyn W. Mason, pursuant to written notification by the
Chairman.
PRESENT: Committee Members Mayor David A. Bowers, Vice-Chairman M.
Rupert Cutler, Vice-rylayor Sherman P. Lea, Court G. Rosen, David B. Trinkle, Anita J.
Price and Chairman Gwendolyn W. Mason-7.
ABSENT: None-O.
Also present 'was Stephanie M. Moon, City Clerk; and Colin Baenziger,
Baenziger and Associates, Consultants.
Chairman Mason referred to the following communication calling the special
meeting of the Personnel Committee:
"October 29,2009
The Honorable Vice-Chair and Members
Of the Roanoke City Council Personnel Committee
Roanoke, Virginia
Dear Vice-Chair Cutler and Members of the Council:
1
Pursuant to Section 10, Meetings of Council Generally, of the Charter of
the City of Roanoke, I am calling a special meeting of the Council
(Personnel Committee) on Monday, November 2, 2009 at 12:00 noon in
the EOC Conference Room, first floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., to convene in a Closed Meeting to discuss a
personnel matter, being a briefing on applicants for City Manager position,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
S/Gwendolyn W. Mason
Gwendolyn W. Mason, Chairman"
(See communication on file in the City Clerk's Office.)
1
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557
Chairman Mason moved that the Personnel Committee convene in Closed
Meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Vice-Chairman Cutler and
adopted by the following vote:
AYES: Committee Members Mayor Bowers, Vice-Chairman Cutler, Vice-Mayor
Lea, Price, Rosen, Trinkle and Chairman Mason-7.
NAYS: None-a.
At 12:14 p.m., the Chairman declared the meeting in recess.
At 1 :09 p.m., the Committee meeting reconvened in the EOC Conference Room,
with Chairman Mason presiding and all members of the Committee in attendance.
PERSONNEL COMMITTEE: With respect to the Closed Meeting just concluded,
Council Member Price moved that each member of the Roanoke City Council Personnel
Committee, certify to the best of his or her knowledge that: (1) only public business
matters lawfully exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were identified in any
motion by which any Closed Meeting was convened were heard, discussed or
considered by the members of the Committee in attendance. The motion was
seconded by Mayor Bowers and adopted by the following vote:
AYES: Committee Members Mayor Bowers, Vice-Chairman Cutler, Vice-Mayor
Lea, Price, Rosen, Trinkle and Chairman Mason-7.
NAYS: None-a.
There being no further business, the Chairman declared the special meeting
adjourned at 1: 10 p. m.
At 1:15 p.m., the Council meeting reconvened in Room 159, Mayor Bowers
presiding and all Members of the Council in attendance, with the exception of Council
Member Mason.
Stormwater Utility Update
Phil Schirmer, City Engineer presented the following update and responded to
questions regarding the implementation of a stormwater utility fee:
558
I
Progress Update ~
I
" Summary of Stormwater Challenges
" Proposed Program
" Proposed Rate Structure
" Proposed Credits & Exemptions
" Feedback from Community Meetings
" Public Education
" Billing Options
o Ordinance Development
" Do Nothing Option
" Summary
" Decisions
City of Roanoke - Engineering Division
I
1
Stormwater Challenges ~
o Roanoke's storm drain system is aging and has numerous
maintenance and capital improvement needs
o No major storm drain improvement projects have been undertaken in
more than a generation
o Roanoke has 13 major rivers and streams and 9 of these are listed as
impaired for water quality by DEQ
o Water quality standards are becoming more stringent with new
enhanced regulations expected in 2010
o Nearly 200 projects have been identified at a cost of $60M
City of Roanoke - Engineering Division
1
Proposed 5-Yr Program Overview ~
o Capital Improvements - avg. $3M per year
- $2.8M per year in construction
- $120,000 per year in staff/consulting support
o Operations & Maintenance - avg. $350,000 per year
System inspection & cleaning - $500,000 over 18 months
- New crew in year 2 - $200,000 annually (includes operating budget and
equipment)
- 5% Maintenance set-aside - $140,000 per year
o Regulation and Enforcement - avg. $145,000 per year
- VPDES compliance & Development inspection staff
o Utility Billing & Management - $142,000 per year
- Program Administration, Billing, and Customer Service costs
o Total Annual Program - $3.6M
City of Roanoke - Engineering Division
1
559
560
Rate Structure ~
1
I'
· Fee based on a property's impervio!Js surface as measured using GIS and
aerial photography
· The billing unit will be the median impervious area on single family parcels -
1,920 sf or 1 Equivalent Residential Unit (ERU)
. Single family residential parcels Will be charged one ERU
· Non-single family residential parcels Will be charged based on the total
measured impervious area per parcel 'Clivided by 1,920 sf
- A commercial property with 19,000 sf of impervious surface would be charged for
19,000/1920 = 9,9 rounded to 10 ERUs
. Based on current program and preliminary GIS work, rate will be $3.00 per
ERU per month I
City of Roanoke - Engineering Division
Typical ERU's ~
1
~ ~'C IJ"
. , ' ~. ';'y~....~. .1 .:1'{\..1 J,,'
' '~-JI."'j? " j f,. ,r;it....>. "<.a h) ,
~'c4jJ,lfl.J{rI,e''t I:"_,/{!>:: :"~)~~~_ t '._~
fJij''',.: ~tJt0 ~qY{Ql1t'. Iii
b'" /'" '~~~, .', ') .
,'?~fj \~q~~J.J,!{ i~ t!J:.z,:)/, ~I ft;;, ..t?;r;><-<:;:;:.,
"it.", "'.:: . "i '. -',1"/'<:1 I' '.'"' " .
"', ". .... -U'""" .." "~', ,.
'flfJ' ..: '" .'" . ,,' .' ''I '\: ,J .~_"~,'-/~~.. \ ~ ::"J..,
I. -( _ , " _ _ ,. ,,I \ /~ \ //
. "[) ''';.J', "u._..... ." -. . .' ,.'v0'
'JL ~niJ.' ;;- /". <1::......!~,:('~'1;:; 1 ....... "'" <\ '~';Y'("'''^\3'"~,.;fa / '<
- ',..,J "'-f r/j L J '." I;'~ .' ~ ./'. / \\ <,,' )., \ ':L('}
. ",~~.., , ., ;u':'.",~. ~o" ...' . , ."", ". .. v" .
~. - '<-" . t<.0- ~ ,,:......=-_ :~~!c >1"\\'';'' .v," '~'"' /
. """""'--"". ,-~ ""1-... \\.,.. '. ~<" /
AtJ "" ?h:~~')~'~ \Pf~t,~
:~ /"~~, \. 'Iij, . ">jJ:)~"f-'
~ . - <<: " \, '" 0 \.
7.f:A~!. "~". '" v' "/" ~.~.
A,?~",--.r.~, '.,' '<f . '\ '" ~...., .
" /....' .' , "'" -./.
~\~"'" \ ' " ;' /: \' "'~ ," /'
~v~ ~~h l~\ ~;/' c, ". \'-" .
.: ~":j>, 'l"',;.,-~;,
· Typical Residential
o 1,810SF
o 1 ERU
" $3.00 per month
· Typical Non-Residential
· 22 ERUs
.
· $66.00 per month
City of Roanoke - Engineering Division
1
1
Proposed Credits ~
o State code requires credits
o Credits available for up to 50% of fee
o Up to 25% for properly maintained and functioning existing
storm water management facilities
o 10% Credit for current VPDES Permit holders
o Investment in voluntary retrofit upgrades meeting current
regulations provides double credits
o Credits for treating offsite impervious surface
City of Roanoke - Engineering Division
1
Proposed Exemptions ~
As required by VA law:
o Public Streets maintained by the City or State
o City owned property
o City Schools
o . Unimproved parcels
o Federal, state and local government agencies that own and
maintain storm drain systems not draining to the City storm drain
system
City of Roanoke - Engineering Division
1
561
562
Community Meetings ~
1
G Neighborhood Associations
- 28 Neighborhood Associations
o Business Associations
- DRI, Chamber of Commerce, Roanoke Homebuilders, WRABA,
Grandin Village Business Association, Airport Commission
o Additional meetings
- Top 25 rate payers
- Valley View Mall
- Carilion
- Norfolk Southern
- Minister's Association
- Hotel Association
City of Roanoke - Engineering Division
,
Comments we've heard ~
1
o $3M/year will take too long to take care of $60M needs list.
'I
o Why a new fee? Why not finance ,these projects with bond funds
instead of doing other bond-funded projects like the amphitheater since
City can't incur additional bonded debt for years to come,
o The average home-owner can't take on any more taxes or fees in this
recession.
o Instead of calling it a fee, it needs 'to be called a tax so that it can be
considered as a tax deduction. "
o If property owners qualify for stornlwater utility credits, will the public be
able to FOIA this information to se~ who is getting these credits?
o If property owners apply for credits, will there be a timely review or an
extensive wait? '.
What is the potential for rates to c6ntinue to rise?
o If two-thirds of the program revenue will be paid by commercial and
other nonresidential properties, those costs will simply be passed along
to the consumers (i.e. residents).
City of Roanoke - Engineering Division
1
1
Comments we've heard. ~
o Are gravel parking lots considered pervious? This program seems to
discourage paving those lots.
o The program should be, as discussed, accomplished without the
addition of any additional employees or consultant expense.
o If credits are given for retrofit or extraordinary measures, there should
be a method for timely, rapid evaluation and award.
o Churches, non-profits and businesses with extremely large exposure
should be afforded an opportunity to phase this expense over a few
years.
o The City should adopt codes and building standards that demand
efficient storm water management and runoff reduction. Let's not have
to ask future generations to pay for our timidity, or laziness.
o In other Virginia cities that have a storm water utility fee, do any provide
exclusions for charitable agencies?
City of Roanoke - Engineering Division
1
Public Education ~
o Informational Meetings/Speaker's Bureau
o RVTV spot
o Website ready
o Media coordination
-
. -. ...~~'
~-
_~m~ ~=
"(IQ)~DOO:Io<>CEi>~~
....-',..--,..-,..-
.._--~_.- ..
L__~_
City of Roanoke - Engineering Division
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563
564
Billing Options ~
1
g Western Virginia Water Authority
- Requires either address matching to metered accounts (to bill
tenants) or creation of significant new accounts to bill owners
o City of Roanoke Real Estate Tax Bills
- Minimal cost to add parcel based fee
- Bi-annual billing
- Ability to accept monthly payments
o City Wide Accounts Receivable Bills
- Would allow billing on non-residential parcels monthly
City of Roanoke - Engineering Division
Ordinance Development ~
1
o Authority
o Purpose and organization
o Stormwater utility fee
o Exemptions ,
o Stormwater utility enterprise fund
o Stormwater utility fee calculation
o Stormwater utility fee credits
o Billing, penalties, and interest
o Petitions for adjustments
o Definitions
o Proposed effective date March 1, 2009
City of Roanoke - Engineering Division
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Do Nothing Option ~
o Continuing growth of storm drain capital project
needs
o Deferred maintenance increases cost of repairs
o Annual budget impact in operating and capital
budgets
o Non-compliance with permit requirements can result
in substantial fines and consent decrees
City of Roanoke - Engineering Division
1
Summary ~
o Roanoke is a leader in environmental stewardship
- Reducing carbon emissions 10% over 5 years
- Green Buildings - lEED Certifications
- Citizens for Clean and Green
- VML "Go Green" Awards 2008 and 2009
o Roanoke has an opportunity to lead the valley on
stormwater issues
City of Roanoke - Engineering Division
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565
566
Decisions ~
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o Confirm Billing Option
o Confirm Effective date of Ordinance
o Authorize Public Hearing - December 21,2009
City of Roanoke - Engineering Division
(See copy of Update on file in the City Clerk's Office.)
Mr. Schirmer stated that the next steps included the current challenges, the total 1
cost of the project, a rate structure and billing options.
During in depth dialogue of the matter, the Council agreed that billing should be
handled by the City through the Real estate tax bills and Citywide accounts receivable
bills. Mr. Schirmer inquired as to when City staff should schedule a public hearing
regarding the matter; whereupon, it was determined that the public hearing should be
held on Tuesday, January 16, 2010 at 7:00 p.m., or as soon thereafter as the matter
may be heard, in order to receive citizen comments. (See pages 577 for continuation of
briefing)
At 1 :48 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 2:00 p.m., in the Council Chamber, fourth floor, Noel C. Taylor Municipal Building.
At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A.
Bowers presiding.
PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle,
M. Rupert Cutler, Sherman P. Lea and Mayor David A. Bowers-6.
ABSENT: Council Member Gwendolyn W. Mason-1.
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567
OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M.
Hackworth, City Attorney; Ann H. Shawver,' Director of Finance; Stephanie M. Moon,
City Clerk, and Cecelia 1. Webb Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Gary L. Robbins, Pastor, Greene
Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
ANNOUNCEMENTS:
Mayor Bowers announced that Business Facilities Magazine cited the Roanoke
region as one of the top business locations in the United States. He also recognized
Sean Luther, the new Director of Downtown Roanoke, Inc.
ACTS OF ACKNOWLEDGEMENT-ART: The Mayor recognized Antoinette Hale,
a local artist and former member of the Roanoke Arts Commission, for the donation of
her works to the City's Public Art Program, which will be on permanent display at the
Gainsboro Branch Library. He also presented her with a City Gift and shared a slide
presenting showing the two pieces of the art. Mayor Bowers announced that there
would be a special presentation on Thursday, November 5 at 1 :30 p.m., at the
Gainsboro Library, noting that the event was open to the public.
PROCLAMATIONS: The Mayor declared the week of November 13 - 22, 2009
as National Opera Week; and presented ceremonial copies of the proclamations to
Roger Dalton, Board President; and Jan Smyth, Development Director, Opera Roanoke.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-VETERANS: The Mayor declared Wednesday,
November 11, 2009 as Veterans Day 2009; and presented a ceremonial copy of the
proclamations to Dr. Reverdy E. Wright, President; and The Revered Otis L. Burgher,
Fincastle Resolution Chapter, Sons of the American Revolution.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
Mayor Bowers announced that a Veterans Day ceremony was scheduled to be
held on November 11, 2009 at 11 :30 a.m., at William Fleming High School, along with
other ceremonies throughout the same day honoring veterans.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
568
SEWERS AND STORM DRAINS-UTILITIES: Dan Hale, Jr. appeared before the 1
Council and spoke about the proposed stormwater utility fee and urged the Council to
consider not charging the Miller Court residents a fee since no storm drain system had
been installed in the neighborhood.
PEDDLERS-LICENSES: Larry Howell appeared before the Council regarding
regulation on licensing street vendors, and urged the Council to revisit the Ordinance
dealing with peddling in the City's rights-of-way.
Mayor Bowers advised that the matter had been referred to the City Manager for
a report to the Council. Council Member Trinkle urged the Council to give thought
regarding the vendor operations during renovations of the Market Building.
CITY GOVERNMENT: Robert Gravely appeared before the Council to comment
on law of man versus law of government.
PARKS: Evelyn Bethel appeared before the Council to comment about the
proposed Washington Park improvements proposed by the City Administration.
MISCELLANEOUS: Helen Davis appeared before the Council and spoke about
various community issues concerning citizens in the northwest section of the City.
CONSENT AGENDA
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The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion were
desired, the item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday, August 3,
2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Trinkle moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Rosen and
adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
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569
CITY MARKET/LEASES: A communication from the City Manager requesting
that Council schedule a public hearing for Monday, November 16, 2009 at 7:00 p.m., or
as soon thereafter as the matter may be heard, to consider renewal for lease of space
in the City Market Building to Min Shao t1a Hong Kong Restaurant, on a month to month
basis, not to exceed 12 months, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
BLUE RIDGE BEHAVIORAL HEAL THCARE-COMMITTEES: A communication
from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that
Council ratify the reappointment of Daniel E. Karnes, as an at-large representative of
the Board of Directors, commencing January 1, 2010 and ending December 31, 2012,
was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that Council concur in the request of the Mr.
Steller. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
CITY CLERK-COMMITTEES-OA THS OF OFFICE: A communication from the
City Clerk advising of the resignation of George F. Taylor as the citizen representative
of the City of Roanoke Pension Plan, Board of Trustees, effective immediately.
(See communication on file in the City Clerk's Office.)
570
Council Member Trinkle moved that Council accept the resignation and receive 1
and file the communication. The motion was seconded by Council Member Rosen and
adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
OATH OF OFFICE-CITY PLANNING COMMISSION: Report of qualification of
Mark Futrell as a member of the City Planning Commission to fill the unexpired term of
Richard A. Rife ending December 31,2012, was before the Council.
(See Oath of Affirmation of Office on file in the City Clerk's Office.)
Council Member Trinkle moved that the report of qualification be received and
filed. The motion was seconded by Council Member Rosen and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
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(Council Member Mason was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
HUMAN SERVICES: Dr. Manuel Peregino, March of Dimes Greater Blue
Division Community Board Member and Chair of the Program Services Committee,
appeared before Council and presented information regarding the severity of premature
births in Southwest Virginia.
(See copy of remarks on file in the City Clerk's Office.)
The Mayor presented Dr. Peregino with a ceremonial copy of a proclamation
declaring Tuesday, November 17, 2009 as Prematurity Awareness Day.
(See ceremonial copy of proclamation on file in the City Clerk's Office.)
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57'1
CIVIL WARt VETERANS AFFAIRS: Jeanne M. Bolllendorf, Executive Director,
Historical Society of Western Virginia, appeared before the Council to request support
of the Virginia Sesquicentennial of the American Civil War Commission to promote the
commemorative events for the 150th Anniversary of Virginia's participation in the
American Civil War.
(See copies of documents on file in the City Clerk's Office.)
Council Member Cutler commented that the Preservation Foundation was not on
the list of organizations involved; and added that it was a missed opportunity not to have
walking tours, driving tours with publications and pod casts to help people get to the
interesting historical places in Roanoke. In conclusion, he suggested that Ms.
Bollendorf contact the Preservation Foundation to locate the many historical places in
the area.
Council Member Trinkle offered the following resolution:
"A RESOLUTION expressing the support of City Council for the efforts being
undertaken by the Virginia Sesquicentennial of the American Civil War Commission and
its local committee."
Council Member Trinkle moved the adoption of the Resolution. The motion was
seconded by Council Member Rosen and defeated by the following vote:
AYES: Council Members Trinkle, Cutler, and Mayor Bowers-3.
NAYS: Council Member Price, Rosen, and Lea-3.
(Council Member Mason was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-BUDGET: The City Manager submitted a written communication
recommending acceptance of the Energy Efficient and Conservation Block Grant
Program funds from the United States Department of Energy.
(For full text, see communication on file in the City Clerk's Office.)
572
Council Member Cutler offered the following resolution:
(#38635-110209) A RESOLUTION authorizing the acceptance of aU,S, 1
Department of Energy (DOE) Energy Efficiency and Conservation Block Grant
(EECBG), which funds are being provided by the American Recovery and Reinvestment
Act of 2009 (ARRA); approving and ratifying the execution of Grant documents;
authorizing the City Manager to execute any necessary additional documents, provide
any additional information, and to take any necessary actions in order to obtain, accept,
receive, implement, use, administer, and enforce such Grant; and approving the City's
cost sharing contributions for such Grant.
(For full text of resolution, see Resolution Book No. 73, page 547.)
Council Member Cutler moved the adoption of Resolution No. 38635-110209.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
Council Member Cutler offered the following budget ordinance:
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(#38636-110209) AN ORDINANCE to appropriate funding from the Federal
government's American Recovery and Reinvestment Act (ARRA) for the Department of
Energy's Energy Efficiency and Conservation Block Grant Program (EECBG) to provide
funding for four (4) energy conservation projects-courthouse digital controls, courthouse
lighting retrofit, Market Garage lighting retrofit and LED traffic signal retrofit, amending
and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 548.)
Council Member Cutler moved the adoption of Budget Ordinance No. 38636-
110209. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6. .
NAYS: None-O.
(Council Member Mason was absent.)
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573
TOTAL ACTION AGAINST POVERTY-GRANTS: The City Manager submitted a
written communication recommending execution of the 2009-2010 CDBG Subgrant
Agreement with Total Action Against Poverty in the. Roanoke Valley, Inc., to conduct
housing activities for Fiscal Year 2009-2010.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Price offered the following resolution:
(#38637-110209) A RESOLUTION authorizing the City Manager to enter into the
2009-2010 Community Development Block Grant ("CDBG") subgrant Agreement with
Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), upon certain terms
and conditions.
(For full text of resolution, see Resolution Book No. 73, page 549.)
Council Member Price moved the adoption of Resolution No. 38637-110209. The
motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Trinkle, Cutler, Lea and Mayor Bowers-5.
NAYS: None-O.
(Inasmuch as he serves as a member on the Total Action Against Poverty Board of
Directors, Council Member Rosen abstained from voting.) (Council Member Mason was
absent.)
GRANTS-HUMAN SERVICES-HABITAT FOR HUMANITY: The City Manager
submitted a written communication recommending execution of Amendment No.1 to
the FY 2009 CDBG/HOME-funded Agreement with Habitat for Humanity in the Roanoke
Valley, Inc.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following resolution:
(#38638-110209) A RESOLUTION authorizing the appropriate City officials to
execute, upon certain terms and conditions, Amendment No. 1 to the 2008-2009
Community Development Block Grant ("CDBG") and HOME Investment Partnerships
Program ("HOME") Agreement with Habitat for Humanity in the Roanoke Valley, Inc.
("Habitat"), for housing activities in the City's Hurt Park neighborhood.
(For full text of resolution, see Resolution Book No. 73, page 549.)
574
Council Member Rosen moved the adoption of Resolution No, 38638-110209, 1
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
NORFOLK SOUTHERN CORPORATION/FLOOD REDUCTION/CONTROL-
EASEMENTS: The City Manager submitted a written communication recommending
acceptance of easements from Norfolk Southern and Virginia Scrap Iron and Metal
company, Inc., in connection with the Roanoke River Flood Reduction Project.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following ordinance:
(#38639-110209) AN ORDINANCE providing for the acquisition of certain
easements needed by the City to provide for a bench cut in connection with the 1
Roanoke River Flood Reduction Project; and dispensing with the second reading of this
ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 550.)
Council Member Cutler moved the adoption of Ordinance No. 38639-110209.
The motion was seconded by Vice-Mayor Lea and adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
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575
COMMENTS BY THE CITY MANAGER:
CITY EMPLOYEES-DIVERSITY-COUNTRYSIDE GOLF COURSE: The City
Manager reported that the City employee Diversity Advisory Council put on its first
Diversity Awareness Conference last Thursday, with 295 attendees; Nikki Giovanni was
the guest speaker. She added that the City is moving in right direction regarding
diversity, and that it is great to see employees from all over the organization
participating. She also announced that an agreement had been reached with
Meadowbrook for a six-month extension of the management agreement, in the amount
of $75,000.00, while the City continues to negotiate a longer term arrangement.
CITY ATTORNEY:
CITY CODE-YOUTH: The City Attorney submitted a written communication
recommending amendment of the City Code pertaining to regulation of teenage dance
halls.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following ordinance:
(#38640-110209) AN ORDINANCE amending and reordaining Section 21-198,
Requlation of teenaae dance halls or teenaoe niahtclubs, Article V, Teenaae Dance
Halls and Teenaae Niahtclubs, of Chapter 21, Offenses-Miscellaneous, Code of the City
of Roanoke (1979), as amended; pertaining to regulation of teenage dance halls; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 551.)
Council Member Trinkle moved the adoption of Ordinance No. 38640-110209.
The motion was seconded by Vice-Mayor Lea.
Vice-Mayor Lea inquired if it was normal procedure to require two off-duty law
enforcement officers to be on the premises during the hours of the teen dancehall;
whereupon, the City Attorney advised that law enforcement was concerned about the
proposal of a teen dancehall and addressed the issue in their recommendation requiring
that two off-duty law enforcement officers be present to patrol the interior and exterior of
the dancehall.
Vice-Mayor Lea further inquired if Mr. Jones would have to pay for the officers
services; whereupon, the City Manager responded in the affirmative, noting that he
would prefer officers patrol the premises during normal business hours, however, off-
duty City law enforcement officers cannot be present on premises where alcohol is
being served.
576
Council Member Price asked how many teen dancehalls have been located in 1
the City; whereupon, the City Attorney recalled only one which was closed due to issues
dealing with alcohol.
There being no additional questions and/or comments by the Council, Ordinance
No. 38640-110209 was adopted by the following vote:
AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Mason was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY
COUNCIL:
CITY MARKET: Council Member Rosen shared a suggestion for a temporary
location for Farmers' Market vendors - the parking lot at the corner of Williamson Road
and Church Avenue - to set up during construction of the Market area; and asked staff
to investigate the idea and advise the Council if the idea was feasible. Mayor Bowers
pointed out that the recent public meeting regarding plans for the Market area was
good, it allowed the public an opportunity to be heard, and he wanted to ensure that the
Council was listening to the stakeholders.
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CITY MANAGER-PERSONNEL: Council Member Cutler, Vice-Chair of the City
Council Personnel Committee, announced that the consultant, Colin Baenziger has
been advertising the vacancy for a new City Manager; that the quality of applicants is
very high, and the Council spent an hour earlier today discussing the top 16 candidates.
Furthermore, he stated that the Council is pleased with their diversity, and most of the
applicants are currently employed as City Managers. In addition, Council Member
Cutler indicated that the list of applicants would be reduced to five or six during
November/December and will complete the task of hiring a new City Manager by mid-
December. He also shared that the Council will not be able to make the names of the
candidates public because they are currently employed with other cities and do not want 1
their interest in the position publicized.
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ACTS OF ACKNOWLEDGEMENT-VIRGINIA MUNICIPAL LEAGUE: Mayor
Bowers congratulated the City Manager and staff for arranging activities for the Virginia
Municipal League Conference which was held at the Hotel Roanoke and Conference
Center on October 18 - 21, 2009.
At 3:40 p.m., the Mayor declared the Council meeting in recess to be reconvened
in the Council's Conference Room for continuation of briefing regarding the Stormwater
Utility Fee.
Stormwater Utility Fee
Council continued its discussion regarding other options and consequences and
reiterated that the Council would hold a public hearing on Tuesday, January 16, 2010,
at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen
comments on a proposed stormwater utility fee. (See pages 557 - 566.)
Given that a significant portion of the stormwater runoff comes from Roanoke
County, Mayor Bowers remarked that the County should be asked to participate.
Following in depth dialogue, Mayor Bowers and Council Member Trinkle noted
an interest in delaying the date for implementation until 2011, with no final decision on
the timeline to charge the fee.
At 4:25 p.m., the Council Meeting was declared in recess to be reconvened in the
Council Chamber for public interviews to fill two vacancies on the Architectural Review
Board, Mayor Bowers presiding and all Members of Council in attendance, with the
exception of Council Member Mason.
The following applicants were interviewed to fill the vacancies on the
Architectural Review Board:
JON STEPHENSON
Mr. Stephenson pointed out that he previously served as a member of the
Architectural Review Board, and has since retired. He noted his sincere interest in the
Board and his desire to serve another term.
The following questions were asked by the Mayor and Members of Council:
578
What do YOU find to be the most important role or issue affecting the 1
Architectural Review Board (ARB)?
The biggest challenge for the ARB would be providing guidance to
property owners in the district to make home improvements by interpreting
the guidelines and offering assistance in finding materials, etc. so they
may conform to the guidelines.
Do YOU feel there is a gray area in terms of the guidelines for the Architectural
Review Board?
The guidelines are not clear cut and open to interpretation. He stated that
through experience as an Architect, he would hope to help simplify and
provide clarification of the guidelines to prevent appeals from coming to
the Council.
What one thing would YOU change about the ARB and why?
He stated that he does not have any reservations about the way the Board
works presently.
Do YOU know of a source. model. or pattern of financial assistance that could be
utilized to assist the property owners that express financial hardship to make the 1
needed repairs to the home?
He expressed that he did not know of way to assist property owners in that
manner.
AARON COPELAND
Aaron Copeland expressed that he relocated to Roanoke a year ago and resides
on Walnut Avenue in the Old Southwest historic neighborhood.
What do YOU find to be the most important role or issue affecting the
Architectural Review Board (ARB)?
The most important role of the Architectural Review Board is to uphold the
historical integrity of the neighborhood. He noted that he would bring a
young persons perspective to the board as well as being in the business
of construction.
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Do YOU know of a source, model, or pattern of financial assistance that could be
utilized to assist the property owners that express financial hardship to make the
needed repairs to the home?
There are different materials and alternatives that can be researched for
repairs that are more cost effective for property owners.
What one thina would yOU chanae about the ARB and why?
Provide more control for Ericka Taylor, Agent to the ARB to make more
decisions in the field. He stated that property owners would be less likely
to make repairs without coming before the Board because less time would
be needed to obtain permits, etc.
Do yOU feel there is a aray area in terms of the auidelines for the Architectural
Review Board?
He agreed with the guidelines and believed it is straight forward, but the
knit picking from the Board makes for the gray area.
ALISON BLANTON
Ms. Blanton pointed out that she has a Master's Degree in Architectural
History from the University of Virginia and has been employed at Hill
Studio for, approximately 16 years as an Architectural Historian in
Preservation. She has served as a member of the Architectural Review
Board for almost 12 years and has seen the evolution of the ARB over
those years. She indicated that she provides stability and institutional
knowledge to the Board and property owners.
What do yOU find to be the most important role or issue affectina the
Architectural Review Board (ARB)?
The biggest role of the ARB is to preserve the historical integrity of the
district. She stated to make sure that the improvements meet the
standards of the national register and retain the character of the district.
She believed the biggest issues of the ARB are the financial feasibility of
the resident and repairs that have been completed prior to seeking the
approval of the Board. '
580
Do YOU feel there is a aray area in terms of the auidelines for the Architectural 1
Review Board?
When looking at the guidelines it is best to consider what you are trying to
accomplish and what is appropriate for the district. She stated that the City
of Roanoke is a good resource and agent, Erica Taylor should be
consulted prior to beginning work. The key is working with the property
owner upfront.
Do YOU know of a source. model. or pattern of financial assistance that could be
utilized to assist the property owners that express financial hardship to make the
needed repairs to the home?
Look at other jurisdictions and research what they are doing to help their
property owners and perhaps there can be a revolving fund, low-interest
loans or grants to assist property owners with historical home repairs.
What one thina would YOU chanae about the ARB and why?
The view of the ARB as an adversary to a view as a tool or resource for
property owners. She noted that the ARB needs to educate the Council
more on issues and not become complacent assuming the Council will
back them up on every appeal; hopefully eliminating appeals to come
before the Council.
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ANNE BECKETT
Ms. Beckett expressed that she is employed as an Architectural Historian,
and because she currently serves as a member of the Architectural
Review Board, she has a great deal of knowledge to share.
What do YOU find to be the most important role or issue affectina the
Architectural Review Board (ARB)?
The role of the ARB is to be good stewards for the City and the historic
neighborhoods. She stated that the ARB can help property owners and
educate them on feasible ways to improve their historic home.
Do YOU feel there is a aray area in terms of the auidelines for the Architectural
Review Board?
She explained that common sense is the best policy and the ARB tried to
correct gray areas with the new guidelines. She noted that she places
herself into the role of the property owner to get a better understanding of
the guidelines.
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581
What one thina would YOU chanae about the ARB and why?
Provide more training for the chairperson on how to conduct a good meeting.
Do yOU know of a source. model. or oattern of financial assistance that could be
utilized to assist the orooerty owners that exoress financial hardshio to make the
needed reoairs to the home?
She stated that she was unaware of any tools that could help. If property owners
practiced maintenance they would not need to replace items. She noted that she
would educate more on maintenance of a historic home. She pointed out that
property owners outside of a historic district would not receive any assistance on
repairs beyond tax credits.
There being no further interviews, the Mayor expressed appreciation to the
applicants for their interest in serving as a member of the Architectural Review Board.
At 5:26 p.m., the Mayor declared the meeting in recess to be reconvened in the
Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building,
for a briefing on the National Guard Armory and a Closed Meeting.
At 5:26 p.m., the Mayor declared the Council Meeting recess to be reconvened in
the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal
Building, for a briefing on the status of the National Guard Armory and a Closed
Meeti ng.
National Guard Armory
James Grigsby, Assistant City Manager for Operations, updated the Council on
the situation with the National Guard Armory and reported that when he and the Director
of General Services visited the facility recently, all units were still on site. He shared
that the band unit would be moving to Petersburg, Virginia, but other units were still
waiting for dates to vacate to their new locations. He added that Chester Carter
requested an extension until June 30, 2010 to move the field maintenance shop.
Furthermore, Mr. Grigsby stated that the City has proposed that staff isolate the field
maintenance area and demolish the other parts of the building; and the reason for the
request was that they were waiting for renovation at another site in Radford, Virginia.
The City Manager recommended that the City hold to an earlier date and force
them to stay on schedule. She also suggested that staff could stage the demolition and
leave an area where they can stay until the final razing of the building.
582
Mayor Bowers asked for the information regarding the date the Council voted to 1
demolish the National Guard Armory. The City Manager explained that the Parks and
Recreation Master Plan called for demolition of the building for future development of
Reserve Avenue property, and that this has been discussed with City Council in the
past over several years, but said she would provide documentation of the decision.
Council agreed to counter the Guard's June 30, 2010 request and instead offer to allow
them to stay until the end of March 2010.
At 5:58 p.m., the Mayor declared the meeting in recess for a Closed Meeting to
be held in the Council's Conference Room.
(Council Member Trinkle left during the Closed Meeting.)
At 6:20 p.m., the Council meeting reconvened in the Council Chamber, Mayor
Bowers presiding and all Members of the Council in attendance, with the exception of
Council Members Mason and Trinkle.
COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Cutler moved that each member of City Council certify to the best of his or her
knowledge that (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters were identified in any motion by which any Closed meeting was 1
convened were heard discussed or considered by City Council. The motion was
seconded by Council Member Rosen and adopted by the following vote:
AYES: Council Members Price, Rosen, Cutler, Lea, and Mayor Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor called
attention to the expiration of the four-year terms of office of Alison Blanton and Anne
Beckett as members of the Architectural Review Board on October 1, 2009; whereupon,
he opened the floor for nominations.
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The following names were placed in nomination:
FOR ALISON S. BLANTON: Council Members Price, Rosen, Cutler Lea and
Mayor Bowers-5.
FOR AARON M. COPELAND: Council Members Price, Rosen, Cutler and Vice-
Mayor Lea-4.
(Inasmuch as Mr. Copeland was his brother-in-law, Council Member Rosen was
of the opinion that he could be objective and did feel he had a conflict of interest.)
FOR ANNE S. BECKETT: Mayor Bowers-1.
There being no further nominations, Ms. Blanton was reappointed and Mr.
Copeland was appointed as members of the Architectural Review Board for terms
ending October 1, 2013.
OATHS OF OFFICE-ROANOKE CIVIC CENTER: The Mayor called attention to
the expiration of the three-year term of office of John Cook as a member of the
Roanoke Civic Center Commission on September 31,2009; whereupon, he opened the
floor for nominations.
Vice-Mayor Lea placed in nomination the name of Linwood "Woody" Deans.
There being no further nominations, Mr. Deans was appointed as a member of
the Roanoke Civic Center Commission for a term ending September 30, 2012, by the
following vote:
FOR MR. DEANS: Council Members Price, Rosen, Cutler, Lea, and Mayor
Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: The City
Attorney was instructed to prepare the proper measure reappointing Brian Redd as
Director of Economic Development Authority for a four year term of office commending
October 19, 2009 and ending October 20,2013.
OATHS OF OFFICE-FAIR HOUSING BOARD: The Mayor called attention to the
expiration of the three-year term of office of Sherman Burroughs, IV, on May 31, 2009;
whereupon, he opened the floor for nominations.
584
Vice-Mayor Lea placed in nomination the name of Rodney Saunders.
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There being no further nominations, Mr. Saunders was appointed to the Fair
Housing Board for a term commencing on November 2,2009 and ending May 31,2012,
by the following vote:
FOR MR. SAUNDERS: Council Members Price, Rosen, Cutler, Lea, and Mayor
Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
OATHS OF OFFICE-FAIR HOUSING BOARD: The Mayor called attention to a
vacancy on the Fair Housing Board created by the unexpired term of Jason Moore;
ending March 31, 2010; whereupon, he opened the floor for nominations.
Vice-Mayor Lea placed in nomination the name of Marc Davis.
There being no further nominations, Mr. Davis was appointed as member of the
Fair Housing Board to fill the unexpired term of Jason Moore for a term commencing
November 2,2009 and ending May 31,2010, by the following vote:
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FOR MR. DAVIS: Council Members Price, Rosen, Cutler, Lea, and Mayor
Bowers-5.
NAYS: None-O.
(Council Members Mason and Trinkle were absent.)
There being no further business the Mayor declared the Council meeting in
recess at 6:25 p.m., to be reconvened on Thursday, November 5,2009, at 10:00 a.m.,
at the Vinton War Memorial, 814 East Washington Avenue, Vinton, Virginia, for a Joint
Meeting of Council, Roanoke County Board of Supervisors, and Western Virginia Water
Authority to authorize the Franklin County Board of Supervisors becoming a member of
the Western Virginia Water Authority Board of Directors.
The reconvened Council meeting was held on Thursday, November 5, 2010, at
10:00 a.m., at the Vinton War Memorial, 814 Washington Avenue, Vinton, Virginia.
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert
Cutler and Vice-Mayor Lea-4.
ABSENT: Council Members Gwendolyn W. Mason, Anita J. Price and Mayor 1
David A. Bowers-3.
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The Vice-Mayor declared the existence of a quorum.
REPRESENTING ROANOKE COUNTY:
PRESENT: Board Members Richard C. Flora, Vice-Chairman Joseph P.
McNamara, Charlotte Moore, and Chairman Michael W. Altizer-4.
ABSENT: Board Member Joseph B. "Butch" Church-1.
REPRESENTING WESTERN VIRGINIA WATER AUTHORITY BOARD OF
DIRECTORS:
PRESENT: Board Members John P. Bradshaw, Jr., Donald L. Davis, Vice-
Chairman Mark Fink, R. Grayson "Gray" Goldsmith, Robert C. Lawson, Jr., and
Chairman H. Odell "Fuzzy" Minnix-6.
ABSENT: None-O.
REPRESENTING FRANKLIN COUNTY BOARD OF SUPERVISORS:
PRESENT: Board Members Vice-Chairman W. Wayne Angell, David A. Hurt,
W. Leland Mitchell, Bobby W. Thompson, and Chairman Charles Wagner-5.
ABSENT: Board Members David R. Cundiff and Russell P. Johnson-2.
OTHERS PRESENT: Stephanie M. Moon, City Clerk of the City of Roanoke;
Becky Meador, Clerk to the Roanoke County Board of Supervisors; Jean Thurman,
Secretary to the Board; and Sharon Tudor, Clerk to the Franklin County Board of
Supervisors. J
WATER: Gary Robertson, Executive Director, Water Operations for the Authority;
and Mike McEvoy, Executive Director, Wastewater Services for the Authority, welcomed
everyone to the public hearing conducted jointly by the Council of the City of Roanoke,
the Roanoke County Board of Supervisors and the Franklin County Board of
Supervisors for the purpose of receiving public comment on the joinder by Franklin
County of the Western Virginia Water Authority and on the amendment and restatement
of the Articles of Incorporation of the Western Virginia Water Authority accomplishing
such purpose.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Wednesday, September 30,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
586
WATER: Harwell M. "Sam" Darby, Jr., Authority Counsel, read a resolution 1
honoring the service of Richard E. "Rick" Huff, II, as an at-large member of the Western
Virginia Water Authority, which resolution was adopted at the October Water Authority
Board meeting.
(See copy of resolution on file in the City Clerk's Office.)
REMARKS FROM MEMBERS OF THE BOARDS AND CITY COUNCIL: Each
locality commented on Franklin County joining and becoming a member of the Western
Virginia Water Authority.
COMMENTS FROM THE PUBLIC:
Joyce Waugh, President and CEO, Roanoke Regional Chamber of Commerce
spoke in support of Franklin County becoming a member of the Western Virginia Water
Authority, and expressed congratulations.
Eleanor Dillards of Vinton expressed concern about the availability of water and
the charges to the citizens for providing the service. She also spoke about Spring
Hollow Reservoir as a water source.
C. James Ervin, Town Manager, Town of Rocky Mount, expressed his
appreciation for being the principal town in a county which has such a vision to work 1
cooperatively to make great things happen.
Brian Key, Executive Director, Bedford County Public Service Authority,
commended the localities on its regional approach toward solving the needs of the
customers, the residences and the businesses of Roanoke County, Roanoke City and
now Franklin County. Congratulations were noted by Mr. Key regarding the regional
approach; and he looked forward to a continuing partnership of cooperation with the
Authority.
JOINT RESOLUTION AUTHORIZING FRANKLIN COUNTY, VIRGINIA, TO
JOIN THE WESTERN VIRGINIA WATER AUTHORITY:
Council Member Cutler offered the following resolution:
(#38641-110509) A RESOLUTION reorganizing the Western Virginia Water
Authority (the "Authority") and providing that Franklin County, Virginia, join the Authority
in accordance with Virginia Code Section 15.2-5112.
(For full text of resolution, see Resolution Book No. 73, page 541.)
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The motion was seconded by Council Member Trinkle and Resolution No.
38641-110509 was adopted by the following vote:
AYES: Council Member Rosen, Trinkle, Cutler and Vice-Mayor Lea-4.
NAYS: None-O.
(Council Members Price, Mason and Mayor Bowers were absent.)
Roanoke County Board Member Flora moved the adoption of the
abovementioned joint Resolution, which was adopted by Board of Supervisors by the
following vote:
AYES: Board Members McNamara, Moore and Flora-3.
NAYS: None-O.
(Chairman Altizer abstained from voting.) (Board Member Church was absent.)
Franklin County Board Vice-Chairman Angell moved the adoption of the
abovementioned joint Resolution. The motion was seconded by Board Member
Johnson and adopted by the following vote:
AYES: Board Members Angell, Hurt, Mitchell, Thompson and Chairman
Wagner-5.
NAYS: None-O.
(Board Members Cundiff and Johnson were absent.)
Western Virginia Water Authority Board Member Davis moved the adoption of
the abovementioned joint Resolution. The motion was seconded by Board Member
Lawson and adopted by the following vote:
'AYES: Board Members Bradshaw, Davis, Fink, Goldsmith, Lawson and
Minnix-6.
NAYS: None-O.
TOAST: Chairman Minnix offered a toast and stated that it was with a great deal
of pleasure that the Western Virginia Water Authority welcomed Franklin County as the
newest member. He noted the accomplishments by the staffs and expressed
appreciation to Franklin County on joining the Board.
588
There being no further business, Roanoke County Board of Supervisors 1
Chairman Altizer declared the meeting adjourned at 11 :00 a.m.
There being no further business, Franklin County Board of Supervisors Chairman
Wagner declared the meeting adjourned at 11 :00 a.m.
. There being no further business, Western Virginia Water Authority Board of
Directors Chairman Minnix declared the meeting adjourned at 11 :00 a.m.
There being no further business, Vice-Mayor Lea declared the recessed meeting
adjourned at 11 :00 a.m.
APPROVED
ATTEST:
~tYJ. rrW
Stephanie M, Moon~c
City Clerk
S)
David A. Bowers
Mayor
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589
ROANOKE CITY COUNCIL-REGULAR SESSION
November 16, 2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 16,2009, at 2:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on
Monday, July 6, 2009.
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert
Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), and Mayor
David A. Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.
OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk, and Cecelia T.
Webb, Assistant Deputy City Clerk.
The Invocation was delivered by The Reverend Don Eshelman, Pastor,
Patterson Memorial Grace Brethren Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT-HUMAN RESOURCES: The Mayor
recognized Ms. Violet Nkwanzi, a Uganda native, working as an intern with the
Department of Social Services. He presented Ms. Nkwanzi with a City gift.
ACTS OF ACKNOWLEDGEMENT-TOTAL ACTION AGAINST POVERTY:
Angela Penn, Vice-President of Development, Total Action Against Poverty, appeared
before the Council to formally express appreciation to TAP's Terrace Renovation
Project participants and for support and resources provided by the City and its staff.
Ms. Penn presented the City with a plaque in recognition of its efforts.
590
COMMONWEALTH GAMES: Peter Lampman, President, Virginia Amateur I
Sports, Inc. appeared before the Council to express appreciation for ongoing support
and commitment to Virginia Amateur Sports and the Virginia Commonwealth Games,
now officially known as the Coventry Commonwealth Games of Virginia and to the
City's efforts and the other Valley governments, for the 20th Anniversary of the
Commonwealth Games success. Mr. Lampman presented a plaque to the Mayor and
T-Shirts to the Council and City officials for its support of the event.
(See copy of report regarding economic impact the Games had on the Roanoke Valley
on file in the City Clerk's Office.)
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 immediately for response, recommendation
or report to Council.
COMPLAI NTS-CITY EMPLOYEES: Robert Gravely appeared before the
Council and shared biblical quotes, while expressing concern about City workers being
overworked and underpaid.
PARKS-COMPLAINTS: Evelyn Bethel appeared before the Council to continue
to request information from the City Administration regarding improvements to I
Washington Park that were proposed by the Washington Park Subcommittee. She also
spoke about the committee that was appointed to study the improvements for
Washington Park.
PARKS-COMPLAINTS: Helen Davis appeared before the Council to reiterate
Ms. Bethel's request regarding the report on proposed improvements for Washington
Park as suggested by the Committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately. The Mayor advised that his request regarding the Crescent Corridor
Intermodal Freight Project to be referred to the Council for action be withdrawn.
MINUTES: Minutes of the regular meeting of Council held on Monday,
August 17, 2009, were before the body.
(See Minutes on file in the City Clerk's Office.)
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Council Member Mason moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Cutler and
adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
STORM WATER-UTILITIES: A communication from the City Manager
requesting that Council schedule a public hearing for Tuesday, January 19, 2010, at
7:00 p.m. or as soon thereafter as the matter may be heard, to consider adoption of a
system of storm water management fees, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council ~concur in the request of the City
Manager. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
CEMETERIES-CITY PROPERTY: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, December 7, 2009, at
2:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of
City-owned property located on Coyner Springs Road to Coyner Springs Community
Cemetery, was before the body.
(See communication on file in the City Clerk's Office.)
592
Council Member Mason moved that Council concur in the request of the City
Manager. The motion was seconded by Council Member Cutler and adopted by the I
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
COMMITTEES-FAIR HOUSING BOARD: A communication from the City Clerk
advising of the resignation of Christy McGhee (Cooper) as Chair and member of the
Fair Housing Board, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that the resignation be accepted, and the
communication be received and filed. The motion was seconded by Council Member
Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
I
(Council Member Price was not present when vote was recorded.)
ANNUAL REPORT: A report of the Board of Zoning Appeals for Fiscal Year
2008-2009, was before the body.
(See report on file in the City Clerk's Office.)
Council Member Mason moved that the Annual Report be received and filed. The
motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
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ARCHITECTURAL REVIEW BOARD-ROANOKE CIVIC CENTER-ECONOMIC
DEVELOPMENT AUTHORITY: Reports of qualification of the following persons were
before the Council:
Aaron Copeland as a member of the Architectural Review Board for a
term commencing November 2, 2009 and ending October 1, 2013;
Linwood "Woody" Deans as a member of the Roanoke Civic Center
Commission for a term ending September 30,2012.
Vickie H. Bibee as a Director of the Economic Development Authority for a
term of four years commencing October 21,2009 and ending October 20,
2013; and
Marc K. Davis as a member of the Fair Housing Board to fill the unexpired
term of Jason L. Moore ending March 31,2010.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Mason moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Cutler and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY MARKET BUILDING: Anita Wilson, President, City Market Tenants
Association, appeared before the Council to discuss the closing of the City Market
Building for major renovations. Ms. Wilson expressed her concern about an 18-month
timeline for renovations, which was discussed at a recent public meeting on downtown
renovation projects, because the renovations will have a significant impact on the
survival of the market vendors~
594
Council Member Mason remarked that the plumbing of the Market Building was I
part of the reason for the longer time period for renovations, and that the work would be
so extensive that it would be necessary for the vendors to vacate the building. She
called upon the City Manager for response to Ms. Wilson's concern.
The City Manager advised that she had never heard about an 18-month timeline,
but recalled that the architects projected a 12-month timeline, adding that at the recent
public meeting the statement was made that renovations could take longer. She
explained that as the necessary renovations needed are identified and it was obvious
that the work would take more than a few months. Ms. Burcham stated that the City
was not going to do a cosmetic remake, but a makeover of the building that would help
it last another 50 years. She further stated that plans were for the architectural firm to
return in January 2010 to give a progress report to City Council, and that a June 30
closing was currently planned.
Vice-Mayor Lea expressed concern about the period of time for renovations
because it could put the vendors out of business, adding that he was supportive of a 24-
hour work schedule or doing the work in the winter in order to have the least impact on
businesses. Furthermore, he stated that a lot of construction would be happening in the
next 24 months and he was concerned about how it would impact the entire downtown.
He asked for a report from the architects as to the best way to do the renovations as
quickly as possible.
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Council Member Trinkle hoped the City could figure out a way to get the project
done in a way that met everyone's needs, adding that he has been impressed with the
A & E firm the City was using and their ability to work well with the Market vendors as
well as the challenges of renovations. Furthermore, he agreed that there were some
renovations that were important to bring the building up to quality standards, and that he
plans to meet with the Market vendors and the architectural firm to find ways to make it
work. He also stated that the Council had been clear that they appreciate the Market
vendors and do not want national chains to do business in the Market Building. He
indicated that language would be included in leases for new vendors, after the
renovations were completed, to acknowledge the fact that the vendors need to be local
and to keep the local flavor of Roanoke.
Inasmuch Council Member Price had not arrived at the meeting, Mayor Bowers
read a prepared statement on behalf of Ms. Price stating that she spoke with Ms. Wilson
over the weekend to express her concern about the Market building; City Council still
supports City Market vendors and does not wish to see them lost. Also, she stated that
she heard over and over during the VML how unique the Market vendors were to the
City.
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Council Member Rosen advised that he was interested in seeing how the
vendors feel they would be able to survive construction timeline if there was an
abatement on rent after construction was completed, adding that the Market vendors
were unique and he wanted to see local businesses in the Market building.
Georgia Crump d/b/a Nuts Sweets N Things, appeared before the Council in
support of the vendors in the City Market Building.
Manley Butler appeared before the Council in support of the vendors in the City
Market Building and suggested that the Council have a definitive plan.
Ms. Wilson stated that the Council should not lose the insight that Market
vendors are viable businesses, and that the Market Building Tenants Association
wishes to talk to the architects and the construction company about trying to be
expedient if possible with the renovations.
Mayor Bowers remarked that there have been many changes to the Market
Building over the years, and questioned if the City's renovations were going to be so
successful that it eliminates the things that make the Market Building unique.
Additionally, he indicated his concern about the discontent among Market vendors
implying that the City is not doing a good job. Furthermore, he explained that the City
needs to be better landlords and abide by the early conditions made 25 years ago to
provide incentives for small business people to come into the downtown area; and he
asked that the City administration take to heart the intent of the Market Building, listen to
what the public wants, and bring it into the City's plans. He also expressed concern
about the period of time for construction and noting that the City needed to study
alternatives for work schedules to provide less of an impact to businesses in the Market
Building.
Council Member Rosen remarked that one of the concerns keeping the building
open during construction was that the materials which have to be removed from the
building were highly toxic and might present a danger to the health of the vendors and
customers; and it was not okay to blame City staff, nor should the Roanoke Times
criticize the City regarding the matter. Furthermore, he stated that he has never heard a
three-month or five-month timeline; however, an 18-month timeline seemed too long.
He added that the City needed to meet with the vendors for the purpose of identifying
ways that they can stay in business and to ensure that they would return upon
completion of the construction.
596
Following further comments, the Mayor referred all comments to the City I
Manager for appropriate response.
At this point, Council Member Price entered the meeting (3:26 p.m.)
Shawn Luther, Executive Director, Downtown Roanoke, Inc. appeared before the
Council to clarify that the market renovations and the Market Building renovations were
separate projects.
COUNTRYSIDE GOLF COURSE-TENNIS: Dr. Anna Balog-Szabo, Professor of
Geology, Virginia Western Community College, and Robert Creamer, President of the
Valley Trading Post, appeared before the Council and shared information pertaining to
the possibility of refurbishing and re-opening the courts at Countryside and establishing
a tennis program by creating a network through the City's public schools. Dr. Balog-
Szabo stated that they wanted to put together a fundraising plan with a coordinator that
would develop the plan as they go along. Mr. Creamer agreed that there were issues
with the facility, which had not been in two years, adding that the facility needed specific
repairs including roof, new gutters and the road in front of the facility, as well as damage
yet to be identified. He indicated that Blue Ridge Tennis could complete cosmetic
repairs and asked for an agreement from the City to revitalize and run the facility.
(See copy of petitions to save Countryside Tennis Facility and information regarding the I
Blue Ridge Tennis on file in the City Clerk's Office.)
Council Member Trinkle asked the City Manager to identify the work that would
need to be done to the tennis facility, and to find out how much the schools would use
the facility if it was refurbished.
The City Manager indicated that the City staff needed to provide the Council with
a cost estimate of the work needed before moving forward with refurbishment of the
facility. She further stated that negotiations were ongoing with the management firm
and staff needed to work with the Tennis League.
(See email on file in the City Clerk's Office. from the City Manager correcting a
statement regarding the above matter.)
There being no additional comments by the Council, Mayor Bowers referred the
comments to the City Manager for a report back to the Council.
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REPORTS OF CITY OFFICERS:
CITY MANAGER:
BRIEFINGS:
ITEMS RECOMMENDED FOR ACTION:
TOTAL ACTION AGAINST POVERTY-GRANTS-HOUSING: The City Manager
submitted a written communication recommending execution of Amendment No.1 to the
Fiscal Year 2009 CDBG/HOME Agreement with Total Action Against Poverty in the
Roanoke Valley, Inc., for sufficient time to complete 48 homes in the City.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38642-111609) A RESOLUTION authorizing the City Manager to execute
Amendment NO.1 to the 2008-2009 CDBG/HOME Agreement with Total Action Against
Poverty in the Roanoke Valley, Inc. (TAP), dated September 2, 2008, upon certain
terms and conditions.
(For full text of resolution, see Resolution Book No. 73, page 559.)
Council Member Cutler moved the adoption of Resolution No. 38642-111609.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
GRANTS-HOUSING: The City Manager submitted a written communication
recommending execution of Amendment No.2 to the Fiscal Year 2008-2009 CDBG
Agreement with Rebuilding Together, Roanoke, Inc., for sufficient time to complete
limited repairs to 15 additional homes in the City.
(Forfull text, see communication on file in the City Clerk's Office.)
598
Council Member Mason offered the following resolution:
I
(#38643-111609) A RESOLUTION authorizing the appropriate City officials to
execute, upon certain terms and conditions, Amendment No. 2 to the 2008-2009
Community Development Block Grant ("CDBG") Agreement with Rebuilding Together,
Roanoke, Inc. ("Rebuilding Together"), for housing activities in the City's Hurt Park
neighborhood.
(For full text of resolution, see Resolution Book No. 73, page 559.)
Council Member Mason moved the adoption of Resolution No. 38643-111609.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Mason, Price, and Vice-Mayor-
Lea-6.
NAYS: None-O.
(Mayor Bowers abstained from voting.)
EQUIPMENT: The City Manager submitted a written communication
recommending execution of Amendment No. 3 to contract between the City and I
Manatron, Inc., to provide various City departments with business and technical
services in connection with a full featured multi-department software application system.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following resolution:
(#38644-111609) A RESOLUTION authorizing execution by the City Manager of
Amendment NO.3 to the City of Roanoke's contract with Manatron, Inc., dated July 31,
2007, for the purpose of authorizing an increase in the dollar amount of the contract
by $180,168.95, in order to provide certain City departments with the business and
technical services necessary to implement the multi-department revenue and accounts
receivable system provided by the contract, and to upgrade the automated remittance
processor in the City Treasurer's Office.
(For full text of resolution, see Resolution Book No. 73, page 560.)
Council Member Rosen moved the adoption of Resolution No. 38644-111609.
The motion was seconded by Council Member Mason.
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Mayor Bowers called attention to a communication from the City Treasurer,
Commissioner of the Revenue and Director of Finance urging the Council's support of
the Amendment and offering to share some views from functional departments about
both the importance of the change order and history and challenges of the project.
(See communication on file in the City Clerk's Office.)
There being no additional comments and/or questions by the Council Members,
Resolution No. 38644-111609 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
BUDGET-PARKS AND RECREATIONS: The City Manager submitted a written
communication recommending appropriation of additional funds for recreation program
activities.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38645-111609) AN ORDINANCE to appropriate additional funding from
recreation program fees for program activities, amending and reordaining certain
sections of the 2009-2010 General Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 561.)
Council Member Mason moved the adoption of Budget Ordinance No. 38645-
111609. The motion was seconded by Council Member Trinkle.
Council Member Rosen inquired as to availability of funds; whereupon, the City
Manager advised that the funds were available in established accounts.
There being no additional questions and/or comments by the Council Members,
Budget Ordinance No. 38645-111609 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
600
BUDGET-VIRGINIA MUNICIPAL LEAGUE: The City Manager submitted a I
written communication recommending appropriation of funds from the Virginia Municipal
League Conference donations and reimbursement in connection with the Host City
Night event.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#38646-111609) AN ORDINANCE to appropriate funding from local businesses
and the Virginia Municipal League (VML) for sponsoring Host City Night at the 2009
VML Conference held in Roanoke, amending and reordaining certain sections of the
2009-2010 Civic Facilities Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 562.)
Council Member Mason moved the adoption of Budget Ordinance No. 38646-
111609. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
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NAYS: None-O.
COMMENTS BY CITY MANAGER:
SCHOOLS-LEAF COLLECTION: The City Manager gave an update on the
City's leaf collection activities. She reminded citizens that today was the official start of
the City's leaf collection effort, which will continue for the next six weeks. In addition,
she said leaves should be set out on same week as paper recycling and that crews
would not be picking up bulk items on those weeks. Furthermore, she asked the
Council to refer all calls about leaf collection to staff so that they could provide them with
suggestions as to where they could get paper bags for leaf collection. She added that
while complaints have been received from certain areas of the City, staff has witnessed
a lot of residents bagging leaves and mulching leaves. She further reminded citizens
that this was the first year the City has had to resort to this activity, and that the entire
City was learning. She added that the City had cited some individuals, but a significant
percentage of the people were in compliance.
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601
Ms. Burcham further shared that she recently had opportunity to be an
interviewer of applicants to Carilion's medical school, and she was impressed by the
quality of applicants for a school that was not well known. Additionally, she stated that
feedback about Roanoke and the school on Twitter and Facebook was very positive.
She added that applicants were being taken on a tour of the City, and there was one
more weekend for interviews. She further stated that she believed the medical school
would put Roanoke on the map over the next several years; and there had been a lot of
interest on the part of the private sector for creating housing opportunities for doctors,
professors and students.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the Financial Report
for the month of September 2009.
(For full text, see Financial Report on file in the City Clerk's Office.)
Ms. Shawver shared information with regard to the City's financial results for the
first quarter of this fiscal year; and she responded to questions from the Council about
the report and the 2011 budget process
Without objection by the Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITTEES:
LEGISLATION: Council Member David B. Trinkle, Chairman, Legislative
Committee, presented the proposed 2010 Legislative Program.
(For full text, see copy of the proposed 2010 Legislative Program on file in the City
Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#38647-111609) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2010 Session of the
General Assembly.
(For full text of resolution, see Resolution BooJ<-No. 73, page 563.)
602
Council Member Trinkle moved the adoption of Resolution No. 38647-111609. I
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
BUDGET-SCHOOLS: The Roanoke City School Board submitted a written
report requesting appropriation of funds to various educational programs; and the
Director of Finance submitted a written report recommending that Council concur in the
request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#38648-111609) AN ORDINANCE to appropriate funding from the
Commonwealth government for various educational programs, amending and
reordaining certain sections of the 2009-2010 School Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 564.) I
Council Member Trinkle moved the adoption of Budget Ordinance No. 38648-
111609. The motion was seconded by Council Members Mason and Price and adopted
by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COMMITTEES-ECONOMIC DEVELOPMENT: Council Member Trinkle offered
the following resolution appointing Brian Redd to replace Chris Berry as a Director of
the Economic Development Authority for a term ending October 20, 2013.
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(#38649-111609) A RESOLUTION appointing a Director of the Economic
Development Authority of the City of Roanoke.
(For full text of resolution, see Resolution Book No. 73, page 566.)
Council Member Trinkle moved the adoption of Resolution No. 38649-111609.
The motion was seconded by Council Member Rosen and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL: Council Member Cutler noted that at the November 2, 2009 Council
meeting, he voted for a resolution to support the efforts of the Historical Society of
Western Virginia regarding the Virginia Sesquicentennial of the American Civil War
Commission to promote the commemorative events for the 150th Anniversary of
Virginia's participation in the American Civil War; which was defeated by a three-three
vote of the Council, and requested that the vote for support, not funding, be
reconsidered.
(For full text, see communication from the Historical Society of Western Virginia on file
in the City Clerk's Office.)
Council Member Rosen offered a motion for reconsideration of the matter. The
motion was seconded by Council Member Mason and unanimously adopted.
Council Member Rosen reiterated that he was not in support of funding for the
project.
Council Member Mason offered the following resolution expressing the Council's
support for the Virginia Sesquicentennial American Civil War Commission and its local
committee in their efforts to commemorate the 150th anniversary of Virginia's
participation in the American Civil War:
604
Council Member Mason offered the following resolution:
I
(#38650-111609) A RESOLUTION expressing the support of City Council for the
efforts being undertaken by the Virginia Sesquicentennial of the American Civil War
Commission and its local committee.
(For full text of resolution, see Resolution Book No. 73, page 567.)
Council Member Mason moved the adoption of Resolution No. 38650-111609.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor
Bowers-7.
NAYS: None-O.
At 5:18 p.m., the Mayor declared the Council meeting in recess to be reconvened
at 7:00 p.m., in the Council Chamber, Room, 450, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W.
At 7:00 p.m., the Council meeting r~convened in the Council Chamber, Room
450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. I
PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert
Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price and Mayor David A.
Bowers-7.
ABSENT: None-O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.
OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk, and Cecelia T.
Webb, Assistant Deputy City Clerk.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Boy Scout Troop No. 17 St. John's Episcopal Church.
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605
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACT OF ACKNOWLEDGEMENTS-FIRE: The Mayor recognized the 14 winners
from the 5th Annual Fire Prevention Week Art Contest, and presented each winner with
an Honorary Certificate and a Star Bencil.
ACT OF ACKNOWLEDGEMENTS-RECYCLING: Laura Wasko, representative
of the Clean and Green Campaign recognized the winners of Roanoke's "Fill Your Bin
and Win "Contest, stating that recycling was one of the important activities all residents
could participant in to reduce greenhouse gas emissions, adding that recycling not only
helps landfills last longer, but saves energy and reduces greenhouse gases that
contribute to global climate change.
Ms. Wasko pointed out that in the spring of 2009, the Citizens for Clean and
Green devised an initiative that was intended to increase participation in Roanoke's
curbside recycling program. She indicated that the "Fill Your Bin and Win" initiative
intends to "catch" residents recycling and reward them with a check in the amount of
$100.00. The Mayor presented the checks to the following winners: Lauren Thomas,
Adrienne Capollupo, Connie Anderson, and Chester Wilson.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday
April 6, 1981, the City Clerk having advertised a public hearing from Monday,
November 16, 2009 , at 7:00 p.m., or as soon thereafter as the matter may be he~rd, on
a request of the Virginia Lutheran Homes, Inc., to repeal existing conditions proffered
and set forth in Ordinance No. 30398-21991 and replace them with the conditions that
the development of the property shall be in substantial conformity with the development
plan entitled "Brandon Oaks," prepared by Perkins Eastman Architects PC dated
July 28, 2009, amended August 21, 2009, subject to any changes required by the City
during comprehensive site plan review, and that supplementary landscaping shall be
installed and maintained in accordance with Sections 36.2-642(e) and (f) within the
existing natural vegetative buffer as shown on the "Landscaping Plan Prepared for
Brandon Oaks," prepared by Dan Chitwood, dated August 18, 2009, for property at
3804 Brandon Avenue, S. W., Official Tax No. 5180304, the matter was before the
body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Saturday, October 31,2009, and Saturday, November 7,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
606
The City Planning Commission submitted a written report advising that the I
request be denied.
(For full text, see report on file in the City Clerk's Office.)
Scott R. Geddes, Attorney, representing the petitioner, submitted a
communication requesting a modification of the existing voluntary proffered conditions
at Brandon Oaks Continuing Care Retirement Community; and that the matter be
remanded back to the City Planning Commission for further review and consideration
(See copy of communication on file in the City Clerk's Office.)
Council Member Mason moved that the Council concur in the request to remand
the matter back to the City Planning Commission for further review and consideration.
The motion was seconded by Council Member Rosen and unanimously adopted.
ZONING: Council at its regular meeting on Thursday, October 22, 2009 having
continued a public hearing on a request from Fralin Companies, Inc., to rezone
properties located on Gatewood Avenue and McVitty Road, S. W., bearing Official Tax
Nos. 5100527, 5100528, 5100535 and 5100534, from R-7, Residential Single Family
District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to
the following conditions: (1) that the properties be developed in substantial conformity I
with a development plan entitled "Gatewood Green", dated July 15, 2009; (2) a gable
roof shall be used on all buildings and the maximum roof height shall be 35 feet; (3)
building facades along McVitty and Gatewood shall have minimum 20% glazing,
window and door openings aligned horizontally and vertically; and an entrance with a
sidewalk connecting to the public sidewalk; (4) exterior siding material shall be limited to
brick, stone or horizontal lap siding; (5) building mounted fixtures shall not include
wall packs, spotlights or floodlights. Pole or self-supported lighting fixtures shall not
exceed 15 feet in height. All lighting shall be shielded down. Site lighting shall not
exceed 0.5 foot candles at adjoining property lines; (6) any freestanding signs shall be
monument style and not internally illuminated; (7) exterior HVAC units and other exterior
equipment shall not be placed within any front yard along Gatewood or McVitty; and (8)
all buildings shall be developed in substantial conformity with drawing entitled
"Gatewood Green", dated August 21,2009, the matter was again before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, October 2,2009, and Friday, October 9,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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607
The Planning Commission submitted a written report recommended approval of
the request, finding the application to rezone the subject property to be consistent with
the Greater Deyerle Neighborhood Plan; adding that the proposed development
implements numerous design principles of Vision 2001-2020 with respect to layout of
the site and orientation of buildings. It was advised that the property also is abutted on
two sides by commercial property and faces Electric Road which makes it unsuitable for
residential development.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38651-111609) AN ORDINANCE to amend 936.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain properties within the City,
subject to certain conditions proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 568.)
Council Member Mason moved the adoption of Ordinance No. 38651-111609.
The motion was seconded by Council Member Rosen.
Robert Fralin, representing the petitioner, gave an overview of the history of the
property.
The Mayor inquired if there were persons present who wished to speak with
regard to with the matter.
Todd Marcum appeared before the Council in opposition of the rezoning and
presented copy of a petition with 135 signatures. He strongly urged the Council to vote
against the rezoning.
(See copy of petition on file in the City Clerk's Office.)
Jim Shaver appeared before the Council in opposition of the rezoning and
presented a communication from the Reverend Edward C. Woodward, Oak Grove
Church of the Brethren citing numerous reasons for the opposition.
(See copy of communication on file in the City Clerk's Office.)
608
Marshall Mundy appeared before the Council in support of the rezoning
I
Gena Doyle appeared before the Council in support of the rezoning.
John Merkwan appeared before the Council in opposition of the rezoning.
Charles Clark appeared before the Council in support of the rezoning.
Tommy Jordan appeared before the Council in support of the rezoning.
David Bullington appeared before the Council in support of the rezoning.
Susan Cook appeared before the Council in support of the rezoning.
Bob Caudle appeared before the Council in opposition of the rezoning.
Cathy Comer appeared before the Council in opposition of the rezoning.
_ John Lugar appeared before the Council in support of the rezoning.
There being no further speakers, the Mayor declared the public hearing closed.
There being no questions and/or comments by the Council Members, Ordinance I
No. 38651-11109 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Price -6.
NAYS: Mayor Bowers-1.
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, November 16, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke
to lease approximately 748 square feet of City-owned property located in the Roanoke
City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Min Shao, t/a
Hong Kong Restaurant, to be used as a food court business, on a month to month basis
beginning December 1,2009, such terms not to exceed twelve (12) months, the matter
was before the body.
Legal Advertisement of the public hearing was published in The Roanoke Times
on Friday, November 6,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Manager submitted a written communication recommending execution
of a lease agreement, subject to approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#38652-111609) AN ORDINANCE authorizing the City Manager to execute a
lease agreement with Min Shao, t/a Hong Kong Restaurant, for approximately 748
square feet of space in the City Market Building, for a month-to-month term, effective
December 1, 2009, not to exceed twelve (12) months; and dispensing with the second
reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 73, page 570.)
Council Member Mason moved the adoption of Ordinance No. 38652-111609.
The motion was seconded by Council Member Trinkle.
The Mayor inquired if there were persons present who wished to speak with
regard to the matter. There being none, he declared the public hearing closed.
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There being no further questions and/or comments by the Council Members,
Ordinance No. 38652-111609 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor
Bowers-6.
NAYS: None-O.
(Council Member Price was not present when the vote was recorded.)
BOND/PARKS-BUDGET: The City Manager submitted a written communication
recommending appropriation of bond funds for Washington Park Pool capital
improvements.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following budget ordinance:
(#38653-111609) AN ORDINANCE to appropriate funding to be provided by the
Series 2010 Bonds to the Washington Park Pool Improvements project, amending and
reordaining certain sections of the 2009 - 2010 Capital Projects Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
I (For full text of ordinance, see Ordinance Book NO.73, page 571.)
610
Council Member Rosen moved the adoption of Budget Ordinance No. 38653- I
111609. The motion was seconded by Vice-Mayor Lea.
Helen Davis appeared before the Council and spoke about the suggestions
offered by the neighborhood for Washington Park.
Robert Gravely appeared before the Council and spoke about various studies
pertaining to Washington Park and the lack of funds for projects recommended by the
neighborhood.
Deidre Rowe appeared before the Council in support of the improvements
proposed for Washington Park and asked that amenities in the park be maintained.
Evelyn Bethel appeared before the Council and spoke about the park
improvements as submitted by the Booker T. Washington Monument Committee and
expressed appreciation to the staff for its hard work. In addition, Ms. Bethel asked that
the project be remanded back to the City Manager for further review.
(See copy of documents as submitted on file in the City Clerk's Office.)
Council Member Trinkle pointed out that the priorities outlined were consistent
with the Committee meeting minutes labeling the aquatic pool as the third choice in I
terms of improvements for the Washington Park; whereupon, Ms. Bethel clarified that
the prioritizations were the views of the citizens who participated in the meetings.
Council Member Trinkle inquired if any of the priorities identified had been met
since the abolishment of the Committee; whereupon, Ms. Bethel replied that there had
been some improvements in the park, such as updated restrooms.
Council Member Trinkle also pointed out that the pool was in a crisis state and
needed an upgrade which causes it to be a higher priority. He asked if the pool would
be upgraded to a family-oriented pool; whereupon, the City Manager remarked that the
improvements would upgrade the existing facility, without anticipating increases in
revenues and attendance as a result of the improvements, adding that the City would
continue to subsidize the improvements.
Council Member Cutler pointed that positive changes had taken place over the
past 20 years within the park, such as the creation of Brown-Robertson Park on 10th
Street and the adoption of Washington Park by the Kiwanis Club.
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611
Following in depth discussion of the matter, Budget Ordinance No. 38653-
111609 was adopted by the following vote:
AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor
Bowers-7.
NAYS: None-O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
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.
PARKS: Evelyn Bethel appeared before the Council to reiterate her comments
regarding Washington Park improvements.
PARKS: Freddie Monk appeared before the Council to call attention to the
Washington Park Caretaker's House and shared a newspaper article referencing its
history. She also requested that the City not allow the house to deteriorate.
(See copy of newspaper article on file in the City Clerk's Office.)
The City Manager commented that the matter would be referred to the Facilities
Division for evaluation of the condition of the structure and that the findings would be
shared with the Council.
Council Member Cutler suggested the possibility of a public/private partnership to
work together to preserve the property.
ECONOMIC DEVELOPMENT: Robert Gravely appeared before the Council and
spoke about the years of neglect in the community in the name of urban renewal.
RECREATION: Robert Creamer appeared before the Council to clarify the
income statement as presented by the Blue Ridge Tennis Group as presented earlier in
the meeting. He also spoke about grant funds for tennis lessons.
612
There being no further business, the Mayor declared the meeting adjourned at I
9:12 p.m.
APPROVED
ATTEST:
~on. ht~
Stephanie M. Moon, CMC [
City Clerk
3"Q~
David A. Bowers
Mayor
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