HomeMy WebLinkAboutMins 12/02/09 - 12/21/09
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PERSONNEL COMMITTEE - ROANOKE CITY COUNCIL
December 2, 2009
8:00 a.m.
A meeting of the City Council Personnel Committee was called to order on
Wednesday, December 2, 2009, at 8:00 a.m., in the EOC Conference Room, Room
159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with
Chairman Gwendolyn W. Mason presiding.
PRESENT: Committee Members Mayor David A. Bowers, Vice-Chairman M.
Rupert Cutler, Vice-Mayor Sherman P. Lea, Anita J. Price, Court G. Rosen, David B.
Trinkle, and Chairman Gwendolyn W. Mason-7.
ABSENT: None-O.
Chairman Mason declared the existence of a quorum.
OFFICERS PRESENT: Stephanie M. Moon, City Clerk.
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COUNCIL: Council Member Rosen'moved that the Personnel Committee meet in
Closed Meeting to discuss a personnel matter, being the selection of finalists to be
interviewed for the position of City Manager, 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: Council Members Mayor Bowers, Cutler, Lea, Price, Rosen, Trinkle, and
Chairman Mason-7.
NAYS: None-O.
At 8:10a.m., the Personnel Committee convened in Closed Meeting.
At 9:34 a.m., the meeting reconvened in open session in Room 159 with
Chairman Mason presiding and all Members of the Committee in attelJdance.
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COUNCIL: With respect to the Closed Meeting just concluded, Council Member
Rosen moved that each Member of the 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 Personnel Committee. The
motion was seconded by Vice-Chairman Cutler and adopted by the following vote:
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AYES: Committee Members Mayor Bowers, Cutler, Lea, Price, Rosen, Trinkle,
and Chairman Mason-7.
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NAYS: None-O.
Council Member Mason advised that as Chairman of the City Council's
Personnel Committee, she would like to state that Council is prepared to begin
interviewing candidates for the position of City Manager; that the notice provisions of the
Virginia Freedom of Information Act do not apply to executive or closed meetings of the
Council held solely for the purpose of interviewing candidates for the position of Chief
Administrative Officer; and, in accordance with provisions of the Freedom of Information
Act, she announced that a closed meeting will be held at an undisclosed location within
fifteen days for the purpose of interviewing candidates for the position of City Manager.
There being no further business, the Chairman declared the meeting in recess
until Friday, December 11, 2009 at 1 :30 p.m., in the Council Chamber, Room 450,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., to reconvene
in a Closed meeting to consider the selection of a new City Manager.
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At 1 :35 p.m., the Roanoke City Council Personnel Committee reconvened in the
Council Chamber, Room 450, fourth floor, Noel C. Taylgr Municipal Building, with I
Chairman Gwendolyn W. Mason, presiding. ~,"
PRESENT: Committee Members Mayor David A. Bowers, Vice-Chairman
M. Rupert Cutler, Vice-Mayor Sherman P. Lea, Court G. Rosen, David B. Trinkle,
Anita J. Price and Chairman Gwendolyn W. Mason-7.
ABSENT: None-O.
Chairman Mason declared the existence of a quorum.
OFFICERS PRESENT: Stephanie M. Moon, City Clerk.
COUNCIL: Mayor Bowers moved that the Personnel Committee meet in Closed
Meeting to discuss a personnel matter, being the selection of a new City Manager,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. "The motion
was seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Mayor Bowers, Cutler, Lea, Price, Rosen, Trinkle, and
Chairman Mason-7.
NAYS: None-O.
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At 1 :36 p.m., the Personnel Committee convened in Closed Meeting.
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At 3:27 p.m., the meeting reconvened in open session in the Council Chamber
with Chairman Mason presiding and all Members of the Committee in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Vice-Mayor Lea
moved that each Member of the 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 Personnel Committee. The motion
was seconded by Mayor Bowers and adopted by the following vote:
AYES: Committee Members Mayor Bowers, Cutler, Lea, Price, Rosen, Trinkle,
and Chairman Mason-7.
NAYS: None-O.
There being no further business, the Chairman declared the meeting adjourned
at 3:28 p.m.
APPROVED
"ATTEST:
~m.iY]owJ
Stephanie M. Moon
City Clerk
rbMu ~
"-
wendolyn W. Mason
Chair;:nan
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ROANOKE CITY COUNCIL-REGULAR SESSION
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December 7,2009
9:00 a.m.
The Council of the City of Roanoke met in joint session on Monday, December 7, 2009,
at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, 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, with Mayor David A. Bowers and School Board
Chair David B. Carson presiding for the purpose of presenting the City of Roanoke 2009
Legislative Program to the City's representatives to the General Assembly.
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.
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OTHERS PRESENT: Representing the City of Roanoke: R. Brian Townsend,
Assistant City Manager for Community Development; James Grigsby, and Assistant
City Manager for Operations.
SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Suzanne P. Moore, and
Lori E. Vaught and Chairman David B. Carson -4.
ABSENT: School Trustees Mae G. Huff, Courtney A. Penn and Todd A.
Putney-3.
REPRESENTING THE ROANOKE CITY PUBLIC SCHOOLS: Dr. Rita D.
Bishop, Superintendent; Cindy H. Poulton, Clerk to the Board; and Timothy R. Spencer,
Assistant City Attorney and Legal Counsel.
The Chairman declared the existence of a quorum.
Also present were Senator John S. Edwards, Delegate Onzlee Ware and
Delegate-Elect William Cleaveland.
Mayor Bowers welcomed Senator Edwards and his legislative aide, Allison Baird, I
Delegate Onzlee Ware, and Delegate-Elect William Cleaveland and expressed
appreciation for their attendance.
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Chairman Carson announced that the Roanoke City School Board was
scheduled to meet in joint session with area legislators and members of the Roanoke
County and City of Salem School Boards on Friday, December 11. He also expressed
appreciation for the opportunity to meet with City Council and the City's representatives
of the Virginia General Assembly.
LEGISLATION-SCHOOLS: School Board Trustee Lori Vaught, member of the
Legislative Committee, presented a summary overview of the Schools' program noting
the following six priorities:
State Fundino
. The Division supports additional fundino for alternative education
includino expanded fundine for (a) elementary alternative education
proorams and (b) drop-out prevention.
. The Division opposes any chanoes which would reduce funds to
local school divisions even with anticipated revenue shortfalls.
. Any fundino cuts should be on a "percentaoe of total" basis. thus
permittino local school divisions to determine where the
correspondino expenditure reductions should be made.
. School divisions should be permitted to apply for waivers from the
Standards of Accreditation (SOA) and the Standards of Quality
(SOQt as appropriate. in those areas impacted by fundino cuts.
Virginia Retirement System
. The Division notes with concern that the Viroinia Retirement
System Trust Fund return was a neoative 21.1 percent in FY2009.
. The Division supports a thorouoh review of the VRS plan desian so
lone as the ooal is to assure (a) continued Trust Fund solvency. (b)
continuation of current retirement benefits. and (c) that any
employer contribution rate chanoes do not disrupt school division
operations.
Elementary and Secondary Act (ESEA) Reauthorization
The Division supports ESEA's general goal of having all children
learn to high standards. Roanoke City Public Schools (RCPS)
believes that reauthorization of ESEA must provide for (a) full
funding of Title 1 and Part B of IDEA and (b) settling the continuing
conflicts between Title 1 and IDEA.
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Local Control of School Start Dates
The Division supports returning control of the public school
calendar to local school boards and supports local flexibility and
control over opening dates to allow local school boards to have
time to provide for required remediation and teacher training.
RCPS believes that additional instructional days prior to
administering the Standards of Learning (SOL) tests would result in
improved student performance on the SOL tests.
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It was noted that former Delegate William Fralin introduced this legislation during the
last session, but it failed in committee. Chairman Carson stated that with fixed student
testing dates, RCPS is at a clear competitive disadvantage and requested that the
legislation be reintroduced during the upcoming session.
Senator Edwards was not in support of such legislation due to families preferring
to have said time in August for vacation, adding that if the bill successfully gets out of
the House Committee, it would most likely fail in the Senate Committee. However, he
would support legislation if school divisions moved to year-round school.
Chairman Carson expressed appreciation to the Senator for speaking publicly on
his position and stated that it would be most helpful if others would follow.
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Delegate Ware advised that there was a new General Assembly as well as a new
Governor and it was possible the tide could change.
School Trustee Vaught continued with an overview of the presentation, as
follows:
Viroinia Hiqh School League
The Division believes that athletics and other co-curricular activities
are an important part of a student's education. It notes that the
VHSL establishes rules and provides oversight for essentially all
athletic activity and many co-curricular activities. The Division
believes that the current self-management model under which
VHSL operates is inadequate and supports an expanded oversight
role for the Virginia Department of Education.
School Construction. Maintenance and Debt Service
The Division encourages the state to recognize the burden that
school construction and debt service costs place on local budgets.
Accordingly, the state is urged to provide localities with recurring
money for school facility debt service on a per pupil basis, and in
addition to the SOQ funding, and to establish a permanent revenue
source and formula for distributing school construction and debt
service funding to localities. In the alternative, the state should
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increase the current level of school construction funding, funding for
the Literary Loan program, and funding for the Virginia Public
School Authority Interest Rate subsidy program, which should be
protected from other use or allocations.
(For full text, see copy of 2009-10 Legislative Program of Roanoke City Public Schools
on file in the City Clerk's Office.)
Council Member David B. Trinkle, Legislative Committee Chairman, advised that
the City supports the Schools' request to set its start date; and because it was obvious
. that the biggest challenge would be money, City Council has tried not to ask for a lot of
things that cost money. He further advised that Tom Dick, former City legislative liaison,
may be used in a consulting role, but because of the budget, the City could not employ
a full-time lobbyist for the upcoming session.
The City Attorney stated that the City's Legislative Program focuses on the
following priorities, and provided the following brief description:
TransDominion Express and Passenqer Rail Service
Extend the passenger rail service from Bristol through Roanoke and on to
Lynchburg and then to Washington, D. C., and Richmond (the
TransDominion Express), or until this could be implemented, institute bus
service between Roanoke and Lynchburg coordinated with train
schedules; and funding should be made available to institute the bus
service.
Senator Edwards suggested that a needs analysis for the proposed bus service
be completed as quickly as possible inasmuch as there might be an opportunity to
receive monies from the Rail Enhancement Fund.
Delinquent ParkinQ Tickets for Non-residents
Currently, the State Code authorizes localities to enter into an agreement
with the Commissioner of the Department of Motor Vehicles whereby the
Commissioner agrees to refuse to issue or renew any vehicle license fees
or delinquent tangible personal property tax or parking citations. The City
has approximately 1,500 unpaid accounts for non-residents and requests
the limitation in the Code to parking citations issued to residents of the
locality be removed.
DOQ Rabies Vaccination Reportinq Requirements
The City requests legislation which requires veterinarians to send dog
rabies certificates to the Treasurer of the jurisdiction in which the owner of
the dog resides rather than to the Treasurer in the locality where the
vaccination occurs.
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Fee for "Stop Payment Checks"
Section 15.2-106, Code of Virginia (1950), as amended, needs to be
amended in the same fashion as Section 8.01-27.1, which authorizes
localities to charge a "bad check return fee" to citizens who write checks to
the localities with insufficient funds or who "stop payment" on the checks.
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VirQinia's First ReQionallndustrial Authority
The City, along with 14 other jurisdictions, is a member of the Authority
and supports proposed legislation pertaining to the withdrawal of
jurisdictions from such an authority, permitting localities to withdraw with
the approval of a majority of the other members (as opposed to the current
requirement that such approval be unanimous), provided that a
withdrawing member pay its share of any debt incurred by the Authority
and pay its annual dues for two years after withdrawing.
LeQal AdvertisinQ
The City supports changing state law to permit some required notices be
advertised only by Internet, radio, or television in order to reduce
advertising costs incurred when notices must be published in newspapers
or other written media.
Business Licenses
The City supports legislation that permits localities to not issue new
business licenses to applicants who are delinquent in the payment of
taxes, such as business license taxes or personal property taxes.
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In closing, the City Attorney extended an invitation to the legislators to meet with
members of City Council on Thursday, February 11 at 4:00 p.m., at the House of
Delegates Building in Richmond.
(For full text, see copy of 2010 Legislative Program for City of Roanoke on file in the
City Clerk's Office.)
Council Member Trinkle noted that there were other requests included in the
Program relating to quality of life/public health/safety and welfare, law
enforcement/domestic violence, revenue-related requests, and requests relating to
general government, adding that the City supports the proposed Virginia First Cities
2010 Legislative agenda.
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. Due to the pre-file date for new bills falls this week, the legislators suggested that
the joint meeting be scheduled at an earlier date in preparation for a new year to ensure
that they are able to meet the pre-file deadline. Senator Edwards indicated that for the
past two years, the State has had the worst budget in history, and it will be even worse
this year as all revenues have declined and the transportation system has fallen into a
dire situation; and it is expected that the legislators will revisit the car tax as this
provides direct benefit to the localities and everyone needs to hope that the recent
upturn in the economy continues.
School Board Trustee Moore expressed appreciation to the legislators for their
efforts during the difficult time ahead and encouraged them to remember education as
. they reviewed budget issues. She pointed out that surrounding states have changed
the opening dates for school and that this has given them a strong competitive edge for
mandated tests. Ms. Moore added that attendance after SOL testing falls and declines
further as the school year moves into June.
The Superintendent of Schools concurred in the comments by School Board
Trustee Moore, noting that Advanced Placement testing was also important as city
students compete nationally. She called attention to the free and reduced lunch rate
increased to 69 percent this school year and that the City has many children with a
multitude of needs. Dr. Bishop stated that the Division needs new math books in order
to ensure students are successful on the standardized tests and requested
consideration of funding for an elementary alternative education program; and that the
Division has realized success in improving its graduation rate with the opening of the
overage academy and has realized significant academic gains during the past year.
School Board Trustee Vaught interjected that the alternative education piece was critical
and would assist the most at-risk child reach graduation.
Chairman Carson explained that when he w~s first appointed to the School
Board, the free and reduced lunch rate was 63 percent and as the Superintendent
reported, . it is now 69 percent and while teachers were doing what was best for said
children, the legislators were being asked to do what they could to secure additional
funding to ensure those most at-risk children received what they needed in order to be
successful, including access to an elementary alternative program. He added that the
Board's strong support of local control over school start dates and the additional
oversight of the Virginia High School League by the Virginia Department of Education.
Council Member Cutler noted his support of local control of school start dates,
extending the passenger rail service to Roanoke and continued preservation of
sovereign immunity and issues eminent domain.
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Council Member Rosen indicated that many of the City's children did not have I
access to air conditioned homes and were not concerned with taking family vacations
during the month of August; therefore, beginning school earlier in August would be of
benefit to them. He added that he did not support the State cutting support to schools
across the board and requested that consideration be given first to those most in need.
Council Member Mason also expressed her support of continued legislation to
combat urban blight and expressed strong support for assistance to Virginia Western
Community College.
Vice-Mayor Lea expressed his appreciation to the area legislators for their efforts
and noted that he looked forward to working with them on this year's challenging
budget.
Mayor Bowers indicated support of expanded conservation efforts on Mill
Mountain and suggested that monies from the Preservation Trust Fund be used to
complete the needed survey.
Delegate Ware expressed appreciation to the City Manager on her
accomplishments during his tenure as a Delegate of Virginia. He mentioned that his
main objective was improving the quality of life of people and because his life had been
improved through education, he supported public education and was supportive of any I
legislation that created revenue. He emphasized that these difficult times require
everyone to work together to provide the citizens of the City of Roanoke with whatever
they needed the most.
Delegate-Elect Cleaveland expressed his appreciation for the invitation to attend
the meeting and stated that he was very excited to represent the citizens of the City
even though the education situation appeared dismal, adding that it starts with children
having choices to succeed and cooperating together. He further stated that he
supported the Schools' request for localities to set their school start dates and pledged
to work to make it happen.
The Mayor announced that the next joint meeting between the Council and the
School Board was scheduled to be held on Monday, January 4, 2010 at 9:00 a.m., in
the EOC Conference Room, Room 159, in the Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., and requested that all agenda items be forwarded to the
respective clerks by December 21,2009.
There being no further business, Chairman Carson declared the meeting
adjourned at 10:38 a.m.
There being no further business, Mayor Bowers declared the meeting in recess I
at 10:38 a.m.
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At 10:45 a.m., the Council meeting reconvened in the EOC Conference Room,
Room 159, with Mayor Bowers presiding and all members of the Council in attendance,
for consideration of the following agenda items:
COUNCIL: A communication from Mayor 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 Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
Mayor Bowers withdrew his request at the adjournment of the 2:00 p.m. session.
COUNCIL: A communication from Council Member Court G. Rosen 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 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.)
Council Member Rosen moved that Council concur in his request 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 Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
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COUNCIL: A communication from the City Manager requesting that Council I
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.)
Council Member Rosen 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 Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
COUNCIL: A communication from the City Attorney requesting that Council
convene in a Closed Meeting to consult with legal counsel on a specific legal matter
requiring the provision of legal 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.)
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Council Member Trinkle 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 Mason and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE CITY SCHOOL BOARD TO BE HELD ON JANUARY 4, 2010 at 9:00 AM.
IN THE EOC CONFERENCE ROOM, ROOM 159, FIRST FLOOR, NOEL C. TAYLOR
MUNICIPAL BUILDING: The Mayor requested that all agenda items be submitted to
the City Clerk.
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ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.'
AGENDA: Members of Council requested briefings on contracts/agreements regarding.
Roanoke Redevelopment and Housing Authority as an agent in connection with
property located on Reserve Avenue, S. W.; and on the City Market Building. The City
Manager advised that the briefings regarding Williamson Road/10th Street Banners and
GEO policing would be deferred until a later date.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
Creative Connectors:
Lisa Soltis, Economic Development Specialist, introduced leaders of the Creative
Connectors, an initiative which follows Richard Florida's International 4 T's model -
talent, tolerance, technology and territorial assets.
Joe Cobb gave a presentation on the STAR (Spirit of Tolerance and Art in the
Region) initiative, which promotes inclusiveness in the community; Brenda Drake gave
a presentation on the YEA! (Youth Experiencing the Amenities) initiative, which
promotes art and culture in the community in an effort to keep Roanoke's talent here;
Joe Habernicht gave a presentation on the 81 Reasons to Connect initiative, which aims
to attract young professionals to the Roanoke Valley; and Kevin Sullivan gave a
presentation on the CNR (Carbon Neutral Roanoke) 2030 initiative, which spports
sustainability and is showcasing existing efforts for green technology. The group serves
as a clearinghouse for what's already occurring in the community regarding green
technology.
(For full text, see copy of Creative Class Communities Leadership Program on file in the
City Clerk's Office.)
It was pointed out that all four groups were seeking funding to keep their projects
ongoing; and after a year-long campaign, which ends in March 2010, the goal is to have
non-profits take over the initiatives.
Council Member Cutler encouraged local government involvement.
In closing, the City Manager concurred in the comments of the group,
reemphasizing the reason for the group's attendance and participation in the briefing.
At this point, Council Member Trinkle left the meeting (11 :43 p.m.)
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Recovery Zone Facility Bonds:
The Director of Finance gave a briefing on Recovery Zone Facility Bonds and
recommendations for projects located in the City under consideration as candidates to
receive bond funding. She shared results of the evaluations of projects which submitted
applications for Recovery Zone Facility Bonds and explained the ran kings for the
projects. She pointed out that the Council had expressed the need for additional time to
consider the projects and had asked that the selection of the top project be delayed until
the December 21 Council meeting.
(For full text, see copy of document on file in the City Clerk's Office.)
Council Member Rosen expressed concern regarding matters for action involving
a Member of Council.
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Council Member Price was amazed that the bonds sought by Council Member
Trinkle did not pose a conflict of interest; whereupon, Mayor Bowers asked the City
Attorney to explain a conflict of interest issue and legal restrictions that involves a
Member of Council to be in contract with the City. Mr. Hackworth explained that any
City resident could apply for bond funding if it affects the public at large; however, the
matter currently being discussed by the Council, Council Member Trinkle could not I
participate in any portion of the discussion concerning the abovementioned matter.
Council Member Mason asked about the information received regarding the
deadline extension; whereupon, the City Manager advised that it was her understanding
that the deadline had been extended from December 15, 2009 until January 12, 2010;
however, she would seek confirmation and advise accordingly.
Based on the extension of the deadline, Council Member Mason recommended
that the resolutions for action by the Council be removed from the 2:00 p.m. agenda in
order to allow Council Trinkle the opportunity to participate in the discussion because it
was difficult to have dialogue without him present to address any of his concerns.
Vice-Mayor Lea commented that the issue was not about Council Member
Trinkle, but the impropriety; and it was unfortunate that he is associated with one of the
project.
Mayor Bowers also expressed discomfort in having Council Member Trinkle
present during any discussion of the matter; and suggested that at the 2:00 p.m.,
session, the Council take action on the Economic Development bonds for the Roanoke
River Flood Reduction Project and defer action on the facility bonds, subject to
confirmation of the deadline extension by the City Manager.
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Council Member Mason reiterated that as a courtesy, she thought Council
Member Trinkle should be allowed to hear and address concerns of his fellow Council
members.
At this point, Council Member Mason left the meeting (12:50 p.m.)
At 1 :20 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in
the Council Chamber, Room 450, Fourth Floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W.
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 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 Cferk.
The invocation was delivered by The Reverend Cedric E. Malone, Pastor,
Greater Mount Zion Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The Mayor recognized
James Taylor, former City employee, for his dedicated service to the City; and
presented Mr. Taylor with a ceremonial copy of a proclamation in recognition of his
retirement.
(For full text, see ceremonial copy of proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENTS-ECONOMIC DEVELOPMENT: The Mayor
introduced Robert Ledger, Manager of Economic Development for the City of Roanoke.
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PRESENTATION: Monica Rokicki, Incoming Chair, United States Green I
Building Council, presented the City with a plaque in recognition of its award of "Gold"
LEED Certification for the Williamson Road Fire Station. Mayor Bowers recognized the
entire team who worked on the fire station and presented certificates to representatives
from each company or organization involved.
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-HOUSING: Robert Gravely appeared before the Council and
spoke about the lack of economic growth and subsidized housing in the City.
CITY MARKET-LEASES: Anita Wilson, Co-owner of Burger in the Square,
appeared before the Council and once again spoke about the impact of the renovation
of the City Market Building would have on the food vendors and farmers working in the
Market area.
(See copy of comments on file in the City Clerk's Office.)
CITY MARKET: Mark Woods appeared before the Council and expressed his I
concern regarding the affect of renovations at Center in the Square will have on the
tenants in the Farmers' Market area surrounding the Market Building.
CITY MARKET: Mark Kary appeared before the Council and voiced his
concerns regarding the closing of the City Market Building due to major renovations.
CITY MARKET: Evelyn Bethel appeared before the Council and shared
comments about the displacement of tenants during the renovations of the City Market
Building.
The City Manager stated that the City staff has given a 12 to 18 month estimate
for renovations, adding that a public meeting was recently held to share plans for th
renovation of the Market area, which includes Center in the Square, the Market
Building, and the Farmers' Market as a whole.
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Brian Townsend, Assistant City Manager for Community Development, reiterated
the City Manager's remarks about coordinating the renovation work, and shared that the
City had been in discussion with Center in the Square regarding the possible leasing of
parking spaces in the Market Garage, upon completion of the fa9ade work in March
2010 in order to compensate for lost on-street parking spaces. He explained that the
different phases on the renovation work and how construction crews would handle the
need for space to lay down materials, with much of the work being handled during off
hours and on Sundays. Mr. Townsend stated that the City was in contact with
Downtown Roanoke, Inc., and if renovation work impedes use of the Market area for
farmers, the City would coordinate the work to allow use of the Market.
Sean Luther, Executive Director of Downtown Roanoke, Inc., shared with the
Council that funding from HUD which DRI intends to use for renovation was good until
2012, and DRI would come behind the City's work to enhance the appearance and
functionality of the Market area.
Mr. Townsend interjected that the City would sequence the projects and manage
the work on a month-to-month basis, adding that when Center in the Square selects a
contractor, the City would have a more specific schedule of how the projects would
proceed. He also shared possible alternatives for relocating farmers, if necessary,
including the Market Garage, Century Plaza, and Wachovia Plaza, and furthermore, the
City would offer as many alternative sites as possible, if necessary to move the farmers
during renovations.
Mayor Bowers addressed concerns remarked by the speakers regarding the
Market Building renovation, and asked for confirmation that they had a clear
understanding of what was in store as far as the construction projects; and if they had
confidence in the process and understand that the City desired them to stay.
Ms. Wilson, Mr. Woods and Mr. Kary affirmed their understanding of the
statements given by the Administration.
Vice-Mayor Lea" reiterated his advocacy for 24-hour shifts during the construction
work in order for the tenants not to be displaced for a long period of time.
Council Member Rosen asked if abatement for rental fees charged to the
vendors would motivate them to return to the Market Building upon completion of the
renovation.
Mayor Bowers asked the City Manager and Assistant City Manager for
Community Development to confirm their understanding that the Council wanted to
retain the current vendors and to help them survive the renovation.
18
The Assistant City Manager for Community Development advised that there were I
a number of strategies to accomplish said goal and staff would study all options to
minimize the time the Market Building was to be closed.
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 an addition to C-5 indicating the date for
Council's Financial Planning Session to be Friday, February 19, 2010, at 8:30 a.m., in
the EOC Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W.
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 8, 2009; and a meeting of the City Council Personnel Committee held on
Wednesday, September 16, 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 I
adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7. .
NAYS: None-O.
BID COMMITTEE: A communication from Mayor Bowers requesting that the
Council consider creating a bid committee.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that. the matter be referred to the Council for
review and consideration. The motion was seconded by Council Member Cutler and
adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
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PARKING GARAGE-LICENSES: A communication from the City Manager
requesting that Council authorize the advertisement of bids and schedule a public
hearing and opening of bids for Monday, December 21, 2009 at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a Parking License Agreement for
twenty reserved parking spaces in the City's Center in the Square Parking Garage, 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 Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
LEASES-BRIDGES: A communication from the City Manager requesting that
Council authorize the advertisement of bids and schedule a public hearing and opening
of bids for Monday, December 21, 2009 at 7:00 p.m., or as soon thereafter as the
matter may be heard, for an air rights lease for the pedestrian bridge that exists
between 204 Jefferson Street and the Center in the Square Parking Garage, 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 Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
BUDGET: A communication from the City Manager recommending adoption of
the calendar of Events for Budget Preparation Activities for Fiscal Year 2010-2011, was
before the Council.
(See communication on file in the City Clerk's Office.)
20
Council Member Mason moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Council Member Cutler and adopted by
the following vote.
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AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
MINUTES: Minutes of the Audit Committee held on Monday, June 1, 2009; was
before the Council.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that the minutes be received and filed. The
motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
ELECTIONS: A communication from Deidre J. Martin, Secretary, City of I
Roanoke Electoral Board, transmitting an Abstract of Votes cast in the General Election
held in the city of Roanoke on November 3,2009, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that the communication be received and filed.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD-ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY-ECONOMIC DEVELOPMENT:
Reports of qualification of the following individuals:
Alison S. Blanton as a member of the Architectural Review Board
for a term ending October 1, 2013;
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Gilbert E. Butler as a member of the Roanoke Redevelopment and
Housing Authority Board of Commissioners for a term of four years
ending August 31,2013 (The previous Oath of Office administered
to Mr: Butler was incorrect which stated a three year term; and
therefore, the Oath had to be reissued; and
Brian K. Redd as Director of the Economic Development Authority
fora term of four years commencing November 16, 2009 and
ending October 20, 2013, were before the Council.
(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 Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
REGULAR AGENDA
PUBLIC HEARINGS:
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, December 7, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, approving the request of a proposal of the City of
Roanoke to convey a 6.020 acre City-owned parcel to Coyner Springs Community
Cemetery, Inc., being located on Coyner Springs Road (State Route 660) in eastern
Botetourt County, Virginia, designated as "New Tract "A", as shown on the Plat entitled
"The Minor Subdivision of Official Tax Parcel #108(9)4 located off of Coyner Springs
Road State Route #660 located in the Valley Magisterial District, Botetourt County,
Virginia", on record in the Clerk's Office of the Circuit Court of Botetourt Counfy,
Virginia, in Map Book 48, Page 49, to be used as an "at need only" non-profit
community cemetery, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, November 20, 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
authorization to execute a deed, approved as to form by the City Attorney, to convey
City-owned property, identified as Official Tax Parcel No. 108(9)4A located in Botetourt
County, Virginia, to Coyner Springs Community Cemetery, Inc., for the sum of
$3,000.00.
I
(See communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38654-120709) AN ORDINANCE authorizing the City Manager to execute the
necessary documents providing for the conveyance of 6.020 acres of City-owned
property to Coyner Springs Community Cemetery, Inc., being located on Coyner
Springs Road (State Route 660) in eastern Botetourt County, Virginia, bearing Official
Tax No.1 08(9)4A, 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 572.)
Council Member Rosen moved the adoption of Resolution No. 38654-120709.
The motion was seconded by Council Member Mason.
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 questions and/or comments by the Council Members, Ordinance
No. 38654-120709 was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
PETITIONS AND COMMUNICATIONS: NONE
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
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CITY EMPLOYEES: The City Manager submitted a written communication
recommending approval of additional holiday time consisting of all day on Thursday,
December 24, 2009, and a half a day on Thursday, December 31, 2009 for all city
employees.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38655-120709) A RESOLUTION closing certain City offices Thursday,
December 24, 2009, and closing at noon Thursday, December 31, 2009, and providing for
additional holiday leave for all City employees.
(For full text of resolution, see Resolution Book No. 73, page 573.)
Council Member Cutler moved the adoption of Resolution No. 38655-120709.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
BUDGET-GRANTS-L1BRARIES: The City Manager submitted a written
communication recommending appropriation of funds in connection with the 21 st
Century Community Learning Center grants for use by the Roanoke Public Libraries.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following budget ordinance:
(#38656-120709) AN ORDINANCE to appropriate funding from the Roanoke City
School Board for the 21 st Century Community Learning Centers workshops, amending
and reordaining certain sections of the 2009-2010 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 574.)
24
Council Member Rosen moved the adoption of Budget Ordinance No. 38656- I
120709. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
COMMENTS BY CITY MANAGER:
BUDGET-SCHOOLS: The City Manager shared information regarding the
second public meeting - City Hall without Walls in order to receive feedback and
suggestions on upcoming to be held at William Fleming High School from 6:00 p.m. -
8:00 p.m., on Tuesday, December 8, and Code Enforcement 1010 on December 12,
2009, at 8:30 a.m., in the EOC Conference Room.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report recommending
amendment of the City Code to revise the City's noise ordinance.
(For full text, see report on file in the City Clerk's Office.)
I
Council Member Cutler offered the following ordinance:
(#38657-120709) AN ORDINANCE amending and reordaining Section 21-205,
Definitions, and Section 21-206, Noise Disturbances-Prohibited Generally, of Chapter
21, Offenses--Miscellaneous, 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 575.)
Council Member Cutler moved the adoption of Ordinance No. 38657-120709.
The motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
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DIRECTOR OF FINANCE:
BONDS: The Director of Finance submitted a written report recommending
adoption of recovery zone(s) and approval of projects funded by the Recovery Zone
Economic Development Bonds and the Recovery Zone Facility Bonds.
(For full text, see report on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38658-120709) A RESOLUTION designating a Recovery Zone for purposes of
the issuance of Recovery Zone Economic Development Bonds pursuant to the
American Recovery and Reinvestment Act of 2009.
(For full text of resolution, see Resolution Book No. 73, page 576.)
Council Member Cutler moved the adoption of Resolution No. 38658-120709.
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 abstained from voting due to the appearance of a conflict of
interest. )
Council Member Cutler offered the following resolution:
(#38659-120709) A RESOLUTION designating the Roanoke River Flood
Reduction Project to be the recipient of funding for purposes of the issuance of
Recovery Zone Economic Development Bonds pursuant to the American Recovery and
Reinvestment Act of 2009.
(For full text of resolution, see Resolution Book No. 73, page 578.)
26
Council Member Cutler moved the adoption of Resolution No. 38659-120709. I
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 abstained from voting due to the appearance of a conflict of
interest. )
Council Member Cutler offered the following resolution:
(#38660-120709) A RESOLUTION designating a Recovery Zone for purposes of
the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and
Reinvestment Act of 2009.
(For full text of resolution, see Resolution Book No. 73, page 579.)
Council Member Cutler moved the adoption of Resolution No. 38660-120709.
The motion was seconded by Council Member Mason and adopted by the following I
vote:
AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-6.
NAYS: None-O.
(Council Member Trinkle abstained from voting due to the appearance of a conflict of
interest. )
Council Member Cutler offered the following resolution:
"A RESOLUTION approving the Shenandoah Building Project for the issuance of
Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment
Act of 2009.
Council Member Cutler moved the adoption of the Resolution. The motion was
seconded by Council Member Mason.
Inasmuch as he seconded the motion made by Council Member Cutler and
wished to participate in the discussion, Mayor Bowers relinquished the Chair to the I
Vice-Mayor
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Council Member Rosen remarked that he thought the matter involving the
Recovery Zone Facility Bonds was going to be deferred until a later date since the
deadline had been extended; whereupon, the Director of Finance stated that she did not
receive clear instructions at the briefing held earlier.
Council Member Mason interjected that the Council had discussed deferring
further dialogue of the matter since the funds were stimulus funds which required a
quick turnaround with the applicants submitting fast-tracked plans. She also pointed out
that Council Member Trinkle was the owner of one of the applicants (project), and even
though he had recused himself from all discussions of the process, she was of the
opinion that further discussion of the matter was needed as a seven member panel.
Mayor Bowers suggested postponing discussion regarding the matter, and
moved to table the matter until Monday, December 21 , 2009 at 7:00 p.m.
Vice:.Mayor Lea commented that if the matter was to be postponed until
December 21, the five finalists should be informed, but he was willing to support what
the majority of the Council chose to do.
There being no second to the motion, Mayor Bowers withdrew his motion.
At this point, Vice-Mayor Lea relinquished the Chair to the Mayor.
Council Member Trinkle stated that it was not his intent for the Council to have
any discomfort with his business application, adding that he has spent countless hours
discussing the specifics with bond counsel; and he would not be upset if the decision to
approve the matter was not in his favor.
The Director of Finance inquired if action was postponed regarding the matter,
would the Council still accept additional information from the five finalists; and further
asked that a decision be made today for clarification purposes.
The City Manager remarked that the current information would remain the same.
The Director of Finance explained that if additional information from the five finalists was
allowed, it could change the staff recommendation to Council.
Mayor Bowers pointed out that the process and finalists would remain the same,
stating that additional information could be submitted through December 16, 2009 and
the matter would be reconsidered at the Council meeting scheduled for Monday,
December 21, 2009 at 2:00 p.m.
Mayor Bowers also asked if anyone in the audience had questions or comments;
whereupon, Stan Breakell asked if the delay of two weeks would interfere with the
bonds being issued on March 15, 2010; whereupon, Ms. Shawver replied that it would
not affect the bond issuance.
28
Without objection from Council, Mayor Bowers advised that the matter would be I
referred back to the Director of Finance for recommendation regarding project to be
approved for issuance of Recovery Zone Facility Bonds at the next regular meeting of
Council scheduled to be held on Monday, December 21 , 2009 at 2:00 p.m.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
At 5:35 p.m., the Mayor declared the Council meeting in recess for Closed
Meetings in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W.
At 6:08 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: With the respect to the Closed Meeting just concluded, Council I
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.
The Mayor advised that he had withdrawn his request to discuss vacancies on
various authorities, boards, commissions and committees during the Closed Meeting.
There being no additional comments by the Council, the Certification for Closed
Meeting was adopted by the following vote:
AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and
Mayor Bowers-7.
NAYS: None-O.
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There being no further business, the Mayor declared the meeting adjourned at
6:08 p.m.
APPROVED
ATTEST:
~M'hJo~
Stephanie M. Moon
City Clerk
David A Bowers
Mayor
30
ROANOKE CITY COUNCIL-REGULAR SESSION
I
December 21,2009
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 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, Regular 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 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. I
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 The Reverend Joseph A Keaton, Pastor,
Central Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
ANNOUNCEMENTS:
SNOW REMOVAL: The City Manager reported on the recent snow event over
the weekend saying the City was very fortunate in that the community had minimal
power outages and no one was injured. She added that the City employees have
braved the weather to get into work. She applauded the herculean efforts of staff that
have plowed City streets 24/7 since Friday, and said that the main arteries with the
heaviest traffic were cleared first.
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Ms. Burcham further reported that Valley Metro snow routes resumed today and
warned that while the sun and warmer temperatures will melt snow overnight
temperatures may cause ice to reform.
Additionally, she stated that the City's 853-2676 telephone line received
numerous calls from citizens about the need to plow residential streets, and that
additional staff was added to assist with calls. She also noted that any citizen with a
medical problem or a doctor's appointment, may call the City and staff would assist with
getting them out of their neighborhood.
The City Manager added that she was proud of the way City staff had handled
the snow emergency and reminded citizens of their responsibility to clear sidewalks on
their property so that pedestrians would be able to walk safely, especially children who
walk to school. Finally, she asked citizens to bear with the Administration and advise of
problems resulting from the snow event as they arise.
Council Member Rosen asked how the snow event would impact the City from a
financial standpoint with local stores being closed and the City paying employees to
work overtime to plow roads; whereupon, the City Manager advised that it would take
time before she would be able to respond given that revenue reports for December
would not be available for about 30 to 60 days; and Louise Dudley with Valley View Mall
reported that she anticipates large volumes of shoppers for the next few days with
Christmas so near.
The Director of Finance interjected the probability that fewer shoppers would use
the Internet to buy gifts since there was not enough time. for them to order gifts that
would arrive by Christmas.
Mayor Bowers pointed out that he had received emails and calls from citizens
about City roads that need to be plowed and asked citizens to be patient; and he
encouraged citizens to continue to call 853-2676 about the need for clearing residential
. streets. In addition, he expressed appreciation to the employees for working hard to
clear the snow over the past few days.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following
resolution naming Stanley G. Breakell as the 2009 Citizen of the Year:
(#38661-122109) A RESOLUTION naming Stanley G. Breakell as Roanoke's
Citizen of the Year. for 2009.
(For full text of resolution, see Resolution Book No. 73, page 581.)
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Council Member Cutler moved the adoption of Resolution No. 38661-122109.
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.
NAYS: None-O.
The Mayor presented a ceremonial copy of Resolution No. 38661-122109 to Mr.
Breakell.
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.
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,
September 21,2009; and Monday, October 5,2009, 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 Trinkle and
adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
r NAYS: None-O.
OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD: Report of
qualification of Anna Balog as a member of the Youth Services Citizen Board for a term
ending May 31,2012, was before the Council.
(See Oath or Affirmations of Office on file in the City Clerk's Office.)
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.
REGULAR AGENDA
BID OPENING:
AIR RIGHTS-CENTER IN THE SQUARE-PARKING GARAGES: Pursuant to
notice of advertisement to invite bids for lease agreement for air rights for a pedestrian
bridge between Center in the Square Garage and the 204 Jefferson Street Building,
said bids to be received by the City Clerk until 12:00 noon on Monday, December 21,
2009, and to be held, unopened until 2:00 p.m., on that date, the Mayor inquired if
anyone had any questions with regard to the opening ofthe bids. No person raising any
question, the Mayor instructed the City Clerk to proceed with the opening of the bids.
Legal Advertisement of the acceptance of bids was published twice in The
Roanoke Times on Wednesday, December 9, 2009, and Wednesday, December 16,
2009.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Clerk advised that one bid was submitted by the 204 Jefferson I
Condominium Owners Association for a one time payment for rent, in the total amount
of $13,548.60, which shall be paid in 20 annual payments of $677.43; and for a term of
20 years, commencing on April 1, 2010 and ending March 31, 2030, unless sooner
terminated as provided forin the lease agreement or by law.
(For full text, see bid on file in the City Clerk's Office.)
Council Member Mason moved that the bid be referred to the City Manager for
study, report and recommendation to Council. The motion was seconded by Council
Member Rosen and unanimously adopted.
LEASES-LlCENSES-CENTER IN THE SQUARE: Pursuant to notice of
advertisement for bids for lease agreement for a Parking License Agreement for
reserved parking permits for the City's Center in the Square Garage, said bids to be
received by the City Clerk until 12:00 noon on Monday, December 21, 2009, and to be
held, unopened until 2:00 p.m., on that date, the Mayor inquired if anyone had any
questions with regard to the opening of the bids. No person raising any question, the
Mayor instructed the City Clerk to proceed with the opening of the bids.
The City Clerk advised that one bid was submitted by 204 Jefferson
Condominium Owners Association for monthly payments to be made according to the I
rates:
Year 1-5
$0.00 per month for each of the 20 reserved parking permits.
Years 6-20
Rate per month for each reserved parking permit shall be
equal to the then current prevailing residential parking rate
applicable to Center in the Square Garage as established by
City Council from time to time, plus as additional $20.00
premium per permit, per month.
.(For full text, see bid on file in the City Clerk's Office.)
Council Member Trinkle moved that the bid be referred to the City Manager for
study, report and recommendation to. Council. The motion was seconded by Council
Member Rosen and unanimously adopted.
PUBLIC HEARING: NONE.
PETITIONS AND COMMUNICATIONS:
FESTIVAL IN THE PARK: Request of Elmwood Park Festival Producers to I
discuss inclusion in the amphitheater project process, was before the Council.
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Without objection by the Council, the Mayor advised that Larry Landolt, Executive
Director had re"quested that matter" be rescheduled for Monday, January 4, 2010 at
2:00 p.m.
ELECTIONS-REGISTRAR: Deidre J. Martin, Secretary of the Roanoke City
Electoral Board, submitted a written communication with regard to a change of polling
place for Jefferson-Riverdale Precinct No. 007 located at 19th Street, S. E.
(See communication on file in the City Clerk's Office.)
Council Member Rosen offered the following ordinance:
(#38662-122109) AN ORDINANCE amending and reordaining Section 10-24,
Same-VotinQ place. Code of the City of Roanoke (1979), as amended, to provide for the
permanent relocation of the polling location for the Jefferson-Riverdale Precinct; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 582.)
Council Member Rosen moved the adoption of Resolution No. 38662-122109.
The motion was seconded by Council Member Price.
Gordon W. Hancock, Member, Roanoke City Electoral Board, advised that it was
difficult for the Registrar to secure a voting precinct in the Jefferson #2 precinct due to
the ADA requirement.
Council Member Trinkle suggested the former Ukrop's property as a possible
location.
There being no questions and/or additional comments by the Council Members,
Ordinance No. 38662-122109 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
ART ACQUISITION: Susan Jennings, Public Arts Coordinator, appeared before
Council and presented a power point with regard to the design of art for display in the
pedestrian walkway bridge between the Hotel Roanoke and Conference Center and
Market Square.
(See copy of powerpoint on file in the City Clerk's Office.)
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Council Member Cutler offered the following resolution:
(#38663-122109) A RESOLUTION approving the design and placement of public
art to be installed in the Market Square Walkway Pedestrian Bridge.
(For full text of resolution, see Resolution Book No. 73, page 583.)
Council Member Cutler moved the adoption of Resolution No. 38663-122109.
The motion was seconded by Council Member Mason.
Mayor Bowers mentioned that the elevators at the entrance to the Pedestrian
Bridge were not working, and referred the matter to the City Manager for investigation.
Council Member Cutler spoke in support of public art, noting various sculptures
throughout the City.
There being no questions and/or additional comments by the Council Members,
Resolution No. 38663-122109 was adopted by the following vote:
AYES: Council Members, Lea, Mason, Price, Rosen, Trinkle, Cutler and
Mayor Bowers-7.
NAYS: None-O.
REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER:
CITY MANAGER:
BRIEFING: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WESTERN VIRGINIA WORKFORCE: The City Manager submitted a
written communication recommending acceptance of Western Virginia Workforce
Development Board Workforce Investment Act funds for Program Year 2009.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Mason offered the following resolution:
(#38664-122109) 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 grant.
(For full text of resolution, see Resolution Book No. 73, page 583.)
Council Member Mason moved the adoption of Resolution No. 38664-122109.
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.
Council Member Mason offered the following budget ordinance:
(#38665-122109) AN ORDINANCE to appropriate additional 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 584.)
Council Member Mason moved the adoption of Budget Ordinance No. 38665-
122109. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
FLOOD REDUCTION/CONTROL-HOUSING: The City Manager submitted a
written communication recommending an amendment of the 2005-2010 Consolidated
Plan to reflect changes related to the ongoing flood reduction activities.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Cutler offered the following resolution:
(#38666-122109) A RESOLUTION authorizing the appropriate City officials to
amend the 2005-2010 Consolidated Plan regarding the Property Acquisition Fund, the
Housing Rehabilitation Reserve, and the Hurt Park Collaboration - Homeownership
activities, and to submit and execute necessary documents to the U.S. Department of
Housing and Urban Development (HUD).
(Fodull text of resolution, see Resolution BookNo. 73, page 586.)
Council Member Cutler moved the adoption of Resolution No. 38666-122109.
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.
BUDGET-PARKING GARAGES: The City Manager submitted a written
communication recommending an appropriation of funds in connection with the Market
Garage Expansion and Rehabilitation Project.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Rosen offered the following budget ordinance:
(#38667-122109) AN ORDINANCE to appropriate funding from the Parking Fund
Retained Earnings for installation of energy efficient LED lighting at the Market Garage,
amending and reordaining certain sections of the 2009-2010 Parking Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 587.)
Council Member Rosen moved the adoption of Budget Ordinance No. 38667-
122109. The motion was seconded by Council Member Trinkle.
Council Member Trinkle inquired about additional recovery funds that could be
applied to other parking garages; whereupon, the City Manager pointed out that the cost
for other garages is significant; and perhaps the City may be in position for additional
funds upon spending the funds.
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Council Member Trinkle inquired about the City's ability to regulate lighting in I
garages.
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There being no additional questions and/or comments by the Council Members,
Resolution No. 38667-122109 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle,. Cutler, and
Mayor Bowers-7.
NAYS: None-O.
ART ACQUISITION-BUDGET: The City Manager submitted a written
communication recommending approval of the Public Art Action Plan for 2010.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Cutler offered the following resolution:
(#38668-122109) A RESOLUTION approving a Public Art Action Plan for 2010.
(For full text of resolution, see Resolution Book No. 73, page 588.)
Council Member Cutler moved the adoption of Resolution No. 38668-122109.
The motion was seconded by Council Member Mason.
Susan Jennings, Public Art Coordinator, mentioned that the City has a purchased
various pieces "list".
There being no questions and/or comments by the Council Members, Resolution
No. 38668-122109 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
Council Member Mason offered the following budget ordinance:
(#38669-122109) AN ORDINANCE to transfer funding from the Percent for the
Arts project to various new art projects, amending and reordaining certain sections of
the 2009-2010 Capital Projects Fund Appropriations and adding a certain section to
such Appropriations and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 588.)
40
Council Member Mason moved the adoption of Budget Ordinance No. 38669- I
122109. The motion was seconded by Council Member Cutler 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:
PARKING GARAGES: The City Manager asked Brian Townsend, Assistant City
Manager for Community Development, to address Council Member Trinkle's question
regarding the City's ability to regulate lighting for garages. Mr. Townsend stated that
the Zoning Ordinance adopted in 2005 does not include the ability for the City to
regulate the intensity of lighting, only the angle of light. He added that counties,
however, do have the authority to regulate intensity of lighting.
Council Member Trinkle asked that the City keep lighting at a minimum when
building new garages for safety purposes.
CITY MANAGER: Ms. Burcham shared City department accomplishments for the I
calendar year 2009; and expressed appreciation to the Council for giving the City
employees additional holiday time off.
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the Financial Report for
the City of Roanoke for the month of October 2009; and the Financial Report for the
Roanoke City Public Schools for the month of September 2009.
(For full text, see Financial Reports on file in the City Clerk's Office.)
Ms. Shawver provided the Council with an overview of the City's finances and
responded to questions from Council Members.
Without objection by the Council, Mayor Bowers advised that the Financial
Reports would be received and filed.
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REPORTS OF COMMITTEES:
BONDS-BUDGET-GRANTS-SCHOOLS: The Roanoke City School Board
submitted a written report requesting appropriation of capital funds to various
educational programs; and the Director of Finance submitted a 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:
(#38670-122109) AN ORDI NANCE to appropriate funding to be provided by the
Series 2010 Bonds and to transfer funding from the Monterey Renovation project to
various School roofing projects, amending and reordaining certain sections of the 2009-
2010 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 589.)
Council Member Mason moved the adoption of Budget Ordinance No. 38670-
122109. The motion was seconded by Council Member Price and adopted by the
following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and
Mayor Bowers-7.
NAYS: None-O.
BUDGET-SCHOOLS-GRANTS: The Roanoke City School Board submitted a
written report requesting appropriation of capital funds to the Adult Basic Education
Program for 2008-2009; and the Director of Finance submitted a report 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:
(#38671-122109) AN ORDI NANCE to appropriate funding from the Roanoke
Redevelopment and Housing Authority for the Adult Basic Education program,
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 590.)
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Council Member Rosen moved the adoption of Budget Ordinance No. 38671- I
122109. 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.
CITY MANAGER-CITY EMPLOYEE: Council Member Mason offered the
following resolution;
(#38672-122109) A RESOLUTION electing and appointing Christopher P. Morrill
as City Manager for the City of Roanoke, and ratifying the terms and condi~ions of
employment as City Manager offered to Mr. Morrill.
(For full text of resolution, see Resolution Book No. 73, page 591.)
Council Member Mason moved the adoption of Resolution No. 38672-122109.
The motion was seconded by Council Member Cutler and adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and I
Mayor Bowers-7.
NAYS: None-O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
CLIMATE COMMUNITIES: Council Member Cutler had distributed an email to
the Council regarding a group in Washington, D. C., who had asked the City to join the
Climate Communities Campaign to seek federal grants to reduce carbon foot prints and
global warming; and asked that the matter be referred to the City Manager for staff
recommendation to the Council on whether the City should participate.
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NEIGHBORHOOD ORGANIZATION: Council Member Price expressed
appreciation to the public who demonstrated their compassion for neighbors during the
snow event by helping to shovel sidewalks. On behalf of the Roanoke City Public
Schools, she also expressed appreciation to Wendy Jones, Executive Director,
Williamson Road Area Business Association and Christa Weaver with Advance Auto for
their organizations' support to provide for the families in need in Roanoke during the
holiday season.
At 3:44 p.m., the Mayor declared the meeting in recess to be reconvened at
4:00 p.m., in the EOC Conference Room, Room 159, first floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., for a joint meeting of City Council and
the Roanoke Redevelopment and Housing Authority to discuss the current controversy
regarding the condemnation of a tract of land on Reserve Avenue.
At this point, Council Member Trinkle left the meeting (3:44 p.m.)
At 4:00 p.m., the Council meeting reconvened in Room 159, for a joint meeting of
the Council and the Roanoke Redevelopment and Housing Authority Board of
Commissioners, with Mayor Bowers and Daniel E. Karnes, Chair, 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.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BOARD OF
COMMISSIONERS PRESENT: Adam Boitnott, R. Gail Burruss, Edward Garner,
Gilbert E. Butler, Jr., Duane Smith, and Chair, Daniel E. Karnes.-7
ABSENT: Cheryl Miller-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.
Representing the Roanoke Redevelopment and Housing Authority: Glenda
Edwards, Executive Director/Secretary-Treasurer; Cathy Wells, Vice-President of
Human Resources/Administration; Katie Drewery, Executive Assistant; and Nick Conte,
Legal Counsel.
The blessing of the meal was offered by Vice-Mayor Lea.
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HOUSING AUTHORITY: Mayor Bowers welcomed everyone to the meeting and I
advised that the purpose of the meeting was to discuss the current controversy
regarding the condemnation of a tract of land on Reserve Avenue.
Mayor Bowers recognized the Chairman of the Housing Authority for comments;
whereupon, Chairman Karnes offered brief remarks regarding the Cooperation
Agreement 2001 - implementation of the S. Jefferson Redevelopment Plan; and the
recent events relating to the two parcels of property located on Reserve Avenue.
Mayor Bowers also shared additional background information regarding the
redevelopment plan for the Jefferson Street Corridor from its beginning in 2000, citing
that all legal issues were addressed in said plan; and encouraged the Housing Authority
to stay the course.
Several Members of Council voiced their support to move forward with the South
Jefferson Redevelopment Plan for Reserve Avenue. .
Following comments, Council Member Cutler offered a motion for the Housing
Authority to proceed with the plan as outlined. The motion was seconded and adopted
by the following vote:
AYES: Council Members Mason, Price, Cutler, and Mayor Bowers-4.
NAYS: Council Member Lea and Rosen-2.
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(Council Member Trinkle was absent.)
There being no further business, Chairman Karnes declared the meeting
adjourned at 4:41 p.m.
There being no further business, Mayor Bowers declared the meeting in recess
at 4:41 p.m., to be reconvened at 7:00 p.m., in the City Council Chamber, Room 450,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room
450, fourth floor, 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, 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.
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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 David A. Bowers.
The Mayor called for a moment of silence in memory of Ann Masters, Executive
Director, Clean Valley Council.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
DONATIONS: Council Member Price announced that CIA (Congregation in
Action), a unified agency that provides coats and clothes to students will be providing
fruit baskets to the needy.
HOLIDAY GREETINGS: Mayor Bowers expressed holiday greetings to all City
employees of the City and Roanoke City Pubic Schools.
PUBLIC HEARINGS:
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk
advertised a public hearing for Monday, December 21, 2009, at 7:00 p.m., with regard
to a proposal of the City of Roanoke from a qualified bidder(s) to enter into a lease
agreement with the City to lease air rights above and within the City's Center in the
Square Garage with some of such air rights being between the Center in the Square
Garage and the 204 Jefferson Street Building located in the City of Roanoke, the matter
was before the Council.
Legal Advertisement of the public hearing Was published in The Roanoke Times
on Wednesday, December 9, 2009, and Wednesday, December 16, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending acceptance
of the bid of 204 Jefferson Condominium Owners Association and award a Lease
Agreement to such entity, 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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Also it was stated that the City Manager should be authorized to take such
further actions and to execute such further documents as may be necessary to
implement, administer, and enforce such lease Agreement, which includes, but in not
limited to, any needed modifications to such lease Agreement.
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(For full text see public hearing on file in the City Clerk's office.)
Council Member Mason offered the following ordinance:
(#38673-122109) AN ORDINANCE accepting the bid of 204 Jefferson
Condominium Owners Association to execute a twenty (20) year Lease Agreement to
lease Air Rights above City owned property between the City's Center in the Square
Garage and the 204 Jefferson Street Building, upon certain terms and conditions;
authorizing the City Manager to execute such a Lease Agreement; authorizing the City
Manager to take such further action and execute such further documents as may be
necessary to implement, administer, and enforce such Lease Agreement; and
dispensing with the second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 593.)
Council Member Mason moved the adoption of Ordinance No. 38673-122109.
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.
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There being no questions and/or comments by the Council Members, Ordinance
No. 38673-122109 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)(Council Member Cutler abstained from voting
inasmuch as he has a conflict of interest.)
CITY PROPERTY-LlCENSES-PARKING GARAGES: Pursuant to instructions of
the Council, the City Clerk advertised a public hearing for Monday December 21, 2009,
at 7:00 p.m. with regard to a proposal of the City of Roanoke from a qualified bidder(s)
to enter into Parking License Agreement with the City to obtain twenty (20) Reserved
Parking Permits for the use of twenty (20) designated parking spaces in the City's
Center in the Square Garage located at 11 Campbell Avenue, S. E., Roanoke, Virginia,
subject to certain terms and conditions of such Parking License Agreement, the matter I
was before the body.
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Legal Advertisement of the public hearing was published in The Roanoke Times
on Wednesday, December 9,2009, and Wednesday, December 16,2009.
(See publisher's affidavit on file in the City CI.erk's Office.)
The City Manager submitted a written communication recommending acceptance
of the bid of 204 Jefferson Condominium Owners Association; and award a Parking
License Agreement to such entity, 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:
(#38674-122109) AN ORDINANCE accepting the bid of 204 Jefferson
Condominium Owners Association to execute a twenty (20) year Parking License
Agreement to obtain twenty (20) Reserved Parking Permits for the exclusive use of
certain designated spaces in the City's Center in the Square Garage, upon certain
terms and conditions; authorizing the City Manager to execute such a Parking License
Agreement; authorizing the City Manager to take such further action and execute such
further documents as may be necessary to implement, administer, and enforce such
Parking License Agreement; and dispensing with the second reading by title of this
Ordinance.
(For full text of ordinance, see Ordinance Book No. 73, page 596.)
Council Member Mason moved the adoption of Ordinance No. 38674-122109.
The motion was seconded by Council Member Rosen.
The Mayor inquired if there were person 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. 38674-122109 was adopted by the following vote:
AYES: Council Members Lea, Mason, Price, Rosen, and Mayor Bowers-5.
NAYS: None-O.
(Council Member Trinkle was absent.)(Council Member Cutler abstained from the vote
inasmuch as he has a conflict of interest.)
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CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having I
advertised a public hearing for Monday, December 21, 2009, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to approval of the request of Big
Brothers Big Sisters of Southwest Virginia, 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, December 11, 2009.
(See publisher's affidavit on file in the City Clerk's Office.)
The. City Manager submitted a written communication recommending
authorization of Big Brothers Big Sisters of Southwest Virginia, Inc., 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.
(For full text see public hearing on file in the City Clerk's office.)
Council Member Mason offered the following ordinance:
(#38675-122109) AN ORDINANCE exempting from real estate property taxation I
certain property of the Big Brothers Big Sisters of Southwest Virginia, 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 598.)
Council Member Mason moved the adoption of Ordinance No. 38675-122109.
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.
There being no questions and/or comments by the Council Members, Ordinance
No. 38675-122109 was 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.)
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OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A Petition for Appeal of a decision of the
Architectural Review Board in connection with a denial of a Certificate of
Appropriateness filed by Doug and Brook Devine for repairs at 424 Walnut Avenue,
S. W., the matter was before the Council.
Patrick Kenney, Attorney, representing Mr. and Mrs. Devine, appeared before the
Council in support of the petitioners. Mr. Kenney briefed the Council on the history of
residence located at 424 Walnut Avenue as well as renovations from a duplex to a
single-family home; and urged the Council to overturn the decision of the Architectural
Review Board.
(See Petition for Appeal on file in the City Clerk's Office.)
The Architectural Review Board submitted a written report recommending that
the City Council affirm its decision to deny the issuance of a Certificate of
Appropriateness to permit the installation of the Hardiplank as window infill.
(For full text, see report on file in the City Clerk's Office.)
William D. Bestpitch, Member of the Architectural Review Board, appeared
before the Council and briefed them on the background of the matter, advising that on
October 9, 2008, the ARB approved a Certificate of Appropriateness for work on the
rear of the existing house at 424 Walnut Avenue, S. W.; and on July 27, 2009, staff
conducted an inspection for final signoff on the building permit and discovered certain
work had been. performed which was not authorized by the Certificate of
Appropriateness:
Installation of a door on the southwest corner of the house;
Installation of a brick patio, stairs and handrail at southwest corner;
Infill of a rear picture window using Hardiplank and three small windows;
Addition of a second window to upper level crawl space.
He further advised that the abovementioned items 1, 2 and 4 were eligible for
administrative approval by the Agent; however, item 3 required approval by the ARB;
the owner applied for a Certificate of Appropriateness on September. 3, 2009, and the
matter was considered by the Board on October 8, 2009; and the Board voted 0-7 to
denying the request for a Certificate of Appropriateness. He stated that the Board
determined that the proposed infill siding was inappropriate and inconsistent with both
the house and the H-2 Architectural Design Guidelines.
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Mr. Bestpitch pointed out that the Board provided the petitioner(s) the opportunity
to explain their reason for the changes, adding that no member of the Board thought the
infill of rear picture window using Hardiplank and three small windows at the residence
was appropriate, however, the Board suggested that replacing the Hardiplank with brick
and leaving the replaced windows intact would be an appropriate solution.
In conclusion, he urged the Council to reaffirm the decision of the Architectural
Review Board.
Following comments by Members of the Council, and based upon the evidence
(testimony and documents) presented to the Council at the hearing, Vice-Mayor Lea
moved that the decision of the City of Roanoke Archite~tural Review Board on
October 8, 2009, be affirmed and that no Certificate of Appropriateness be issued to
replace a rear picture window with Hardiplank siding to match rear porch at 424 Walnut
Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the
grounds that the proposed installation and location are not architecturally compatible
with the structures or historic landmarks in the H-2 District. The motion was seconded
by Council Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Cutler, and Mayor Bowers-4.
NAYS: Council Member Price and Rosen-2.
(Council Member Trinkle was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
There being no further business, the Mayor declared the meeting adjourned at
8:12 p.m.
APPROVED
ATTEST:
~ m. lYJo<M.J
Stephanie M. Moon .
City Clerk .
S)<l]J~
David A. Bowers
Mayor
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