HomeMy WebLinkAboutMins 02/01/99 - 07/19/99
NOTICE
Pursuant to Commonwealth of Virginia, Library of Virginia Records
Management and Imaging Services Division, Records Retention and
Disposition Schedule, General Schedule No.4, County, City and Town
Administration Records, Series No. 010001; and General Schedule No.
19, Administrative Records, Series No. 010037, those items referred to
in the Minutes for full text other than Ordinances and Resolutions
have been destroyed in compliance with Guidelines provided by the
Library of Virginia.
Mary F. Parker, City Clerk
1
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
February 1, 1999
11 :30 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 1, 1999, at 11:30 a.m., in the Emergency Operations Center Conference
Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended, and pursuant to Resolution No. 34147-011999, adopted on Tuesday,
January 19, 1999.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A.
Bowers---------------------------------------------------------------------------------------------------------7.
ABSENT: None--------------------------------------------------------------------------------------0.
(Council Member White entered the meeting at 12:35 p.m.)
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Harris.
PARKS AND RECREATION-ARMORY/STADIUM: John W. Coates, Manager,
Department of Parks and Recreation, staff of the Parks and Recreation Department,
and member of the Citizens Advisory Committee, presented findings of the data
gathering phase of the Roanoke City Comprehensive Parks and Recreation Master
Plan planning process.
Mr. Coates advised that the Citizens Advisory Committee and City staff will
move to the analysis and recommendation portion of the plan by the end of February
1999, and the purpose in bringing preliminary findings to Council is three-fold: (1)
to inform Council of the results of the various studies conducted and the public
forums which have been held; (2) to present Council with a preliminary indication
of the major issues, keeping in mind that the list of issues presented today may
change as Parks and Recreation staff and members of the Citizens Advisory
Committee work together over the next month finalizing the data gathering phase;
and (3) to receive comments from Council regarding findings and issues.
2
Dinah Ferrance, Project Assistant, presented an update on process review and
. status; and Freddie Monk, representing the Citizens Advisory Committee, presented
information on the Citizens Advisory Committee/Community involvement.
Leon Younger, representing Leon Younger and PROS, presented information
on demographics, feasibility assessment, program analysis, locality benchmark
analysis, citizen focus groups, staff focus groups and telephone survey.
(See pages 3 - 17 of a work book entitled, "Steaming Ahead into the 21st Century"
on file in the City Clerk's Office.)
Ms. Ferrance presented information on the citizen workshop analysis.
(See pages 17 and 18 of the work book.)
Lisa Soltis, Marketing Coordinator, presented the parks inventory and analysis
and the public works analysis.
(See pages 19 - 27 of the work book.)
Wayne Strickland, Executive Director, Fifth Planning District Commission,
presented the transportation analysis.
(See pages 28 and 29 of the work book.)
Johnny Pompey, Recreation Coordinator, presented the programming
benchmark analysis.
(See pages 30 and 31 of the work book.)
Melida McKee, Recreation Coordinator, presented the program/facility overlay.
(See pages 32 and 33 of the work book.)
Beverly T. Fitzpatrick, Jr., Chair, and Elizabeth Poff, Vice-Chair, Citizens
Advisory Committee, presented a preliminary list of key issues as determined by
input from citizens, staff and technical analysis.
(See page 34 of the work book.)
Mr. Herbert and Mr. Coates led Council in an appreciative inquiry exercise in
which Council Members were requested to respond to the following questions:
3
What do you think about the findings?
"Appear to be valid/good data - where are the dollars"
"Impressed with the high percentage who liked parks and recognize the
number who want improvements"
"Need to take a good look at organization structure/what once was important
may not be true today (trying to do too much)"
"Surprised at how much of the parks and recreation budget goes to public
works activities"
"Low per centage of user fee"
"Small percentage of hours that parks and recreation centers operate"
What do you think about the key issues?
"Safety issues need to be considered"
"Qualify after school programs that are not just sports programs -- think of
schools as part of the recreation activities"
"Have the right issues"
"Churches can be partners like schools"
"Partnerships with schools need to look at indoor swimming pools"
"Victory Stadium - new options"
"Opposed to any kind of parking on Mill Mountain"
What other issues do we need to study?
"More outdoor activities for the elderly/look to schools"
There was not sufficient time to complete the third question; whereupon, the
City Manager advised that City staff would continue to address the matter with
individual members of Council.
4
COUNCIL-CITY ATTORNEY: A report of the City Attorney requesting that
council convene in Executive Session to discuss a personnel matter, specifically the
resignation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City Attorney to
convene in Executive Session to discuss a personnel matter, specifically the
resignation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted
by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris, and
Mayor Bowers-----------------------------------------------------------------------------------------------Ei.
NAYS: None-----------------------------------------------------------------------------------------0.
(Council Member Hudson was out of the Conference Room.)
At 1 :40 p.m., the Mayor declared the meeting in recess.
At 1 :55 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, with Mayor Bowers
presiding and all Members of the Council in attendance.
ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Harris
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 Executive
Session was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and
Mayor Bowers-----------------------------------------------------------------------------------------------7.
NAYS: None-----------------------------------------------------------------------------------------0.
At 1 :57 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
5:
At 2:00 p.m., on Monday, February 1, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A.
Bowers----------------------------------------------------------------------------------------------------------7.
ABSENT: None-------------------------------------------------------------------------------------0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Todd
Meyer, Pastor, Act 2 Ministry.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for an Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
6
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Ronald H. Miller tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, effective
February 2Ei, 1999, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
HUMAN DEVELOPMENT -ZONING-COMMUNITY PLANNING-
ROANOKE NEIGHBORHOOD PARTNERSHIP-HUMAN DEVELOPMENT
COMMITTEE-YOUTH-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
Courtney A. Penn as a member of the Advisory Board of
Human Development for a term ending November 30,
2001;
Benjamin S. Motley as a member of the Board of Zoning
Appeals for a term ending December 31, 2001;
D. Kent Chrisman and Melvin L. Hill as members of the
City Planning Commission for terms ending December 21,
2002 ;
ACTION:
7.
Charles W. Hancock for a term ending November 30, 1999,
and George M. McMillan, Richard J. Nichols and Mark E.
Petersen for terms ending November 30, 2001, as
members of the Roanoke Neighborhood Partnership
Steering Committee;
Frank W. Feather and Katherine M. McCain as members of
the Human Services Committee for terms ending June 30,
1999; and
Jonathan Katz as a member of the Youth Services Citizen
Board for a term ending May 31, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: A request of Dr. E. Wayne Harris, Superintendent,
Roanoke City Public Schools, to present a briefing with regard to the
"Character Counts" instructional program was deferred until a later
date.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
8
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that from 1981 to 1993, the Roanoke
Redevelopment and Housing Authority issued mortgage revenue bonds
to expand available funding for housing rehabilitation; and bonds were
originally purchased by a consortium of banks, with the proceeds used
to provide loans to eligible residents in the City's Conservation and
Redevelopment Areas and Rehabilitation Districts for rehabilitation of
single-family, owner-occupied housing.
It was further advised that Community Development Block Grant
funds (CDBG) provided security for each bond issue, along with the
value of the properties mortgaged; CDBG funds established a debt
service and loan loss reserve for each bond issue; CDBG reserve
balances no longer needed as security are returned to the City under
provisions of the Roanoke Redevelopment and Housing Authority's
past and current CDBG subgrantee agreements; of $580,250.00 in
CDBG funds provided, $95,131.00 remains in the reserve; and the
Roanoke Redevelopment and Housing Authority has returned a total of
$44Ei,944.00 to the City, with $38,175.00 having been expended to cover
delinquencies and defaults.
It was explained that management of the mortgage portfolio has
become burdensome due to the necessities of responding to a
consortium of bondholders; the Roanoke Redevelopment and Housing
Authority (RRHA) would like to buyout the bonds and has been
negotiating a loan with another bank for this purpose; upon final
settlement of the loan, management of the mortgage portfolio would
involve only the Housing Authority and one bank, eliminating the
complexities created by the consortium structure and improving
customer service; an additional $500,000.00 line of credit will also be
provided by the bank for more home rehabilitation loans, leveraging the
City's CDBG and HOME Investment Partnerships (HOME) funds
subgranted to the Housing Authority; the Housing Authority is seeking
approval to retain the current $95,131.00 CDBG reserve balance; these
funds would make up part of the debt service and loan loss reserve
required by the bank to secure the additional line of credit and
financing for the bond buy-out; and a total reserve of $145,000.00 is
required, with mortgage payments over the next two years providing
the remaining needed reserve funds.
ACTION:
9
The City Manager recommended that he be authorized to execute
Amendment No.2 to the 1998-99 CDBG Subgrantee Agreement with the
Roanoke Redevelopment and Housing Authority to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34158-020199) A RESOLUTION authorizing execution of
Amendment No.2 to the 1998-99 CDBG Subgrantee Agreement with the
Roanoke Redevelopment & Housing Authority, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. Ei1, page 3Ei2.)
Mr. Trout moved the adoption of Resolution No. 34158-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and May or Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
BUDGET-CITY EMPLOYEES-COMMUNITY PLANNING: The City
Manager submitted a written report advising that Roanoke Vision, the
City's Comprehensive Development Plan 1985 - 2005, adopted in 1988,
recommended that neighborhood plans be completed for each of the
City's neighborhoods in order to provide detailed information on land
use, zoning, neighborhood development, public services and other
issues; because of other work priorities and limited staff devoted to
planning, only four Neighborhood Plans have been completed
including South Roanoke, Greater Deyerle, Hershberger Hills and
Melrose Rugby neighborhoods; and neighborhood plans that have
been completed are used to assist City officials in making decisions on
projects and development applications that affect neighborhoods.
It was further advised that the current need for neighborhood
plans have become critical; land use in many of the City's
neighborhoods conflicts with overlying zoning and encourages
undesirable or incompatible development; neighborhood planning is
10
ACTION:
necessary to establish a clear, future direction and to formulate a
comprehensive approach to zoning changes, future land use, and
needed public services and facilities; Raleigh Court is an example of a
neighborhood which started planning on its own in 1994 to address
multi-family zoning issues in the neighborhood; in July 1998,
neighborhood leaders worked with City Planning staff and the Planning
Commission to identify an initial area for zoning changes from multi-
family to single-family; a comprehensive neighborhood plan has not
been prepared; however, a plan is needed to analyze proposed zoning
changes and to address other neighborhood issues; similar land use
and zoning issues are shared by other City neighborhoods, making the
resolution of problems in Raleigh Court a precedent for addressing
issues in other neighborhoods; and in November, 1998, Roanoke
Renaissance recommended preparation of neighborhood plans (four
a year) as a strategy for revitalizing Roanoke's inner City
neighborhoods and addressing significant urban problems facing the
community .
The City Manager recommended that Council approve a request
for funding for additional personnel in the Department of Community
Planning to address Neighborhood Plans, and authorize the transfer of
$35,942.00 from Contingency Account No. 001-002-9410-2199 to the
following accounts:
Regular Employee Salaries $21,442.00
Retirement 2,515.00
FICA 1,985.00
Fees for Professional Services $10.000.00
$35,942.00
(For full text, see report on file in the City Clerk's Office.)
001-052-8110-1002
001-052-8110-1105
001-052-8110-1120
001-052-8110-2010
Mr. Trout offered the following emergency budget ordinance:
(#34159-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 362.)
Mr. Trout moved the adoption of Ordinance No. 34159-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
11
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
In view of the fact that preparation of Neighborhood Plans is a
voluminous and difficult task, Council Member Swain suggested that
the services of the Fifth Planning District Commission be enlisted, if
feasible.
TRAFFIC-BUDGET -STATE HIGHWAYS-VALLEY VIEW MALL: The
City Manager submitted a written report advising that 1-581 Interchange
improvements at Valley View Boulevard were endorsed by Council on
March 18, 199Ei; the Federal Highway Administration notified the City on
August 23, 199Ei, of its approval ofthe new interchange access; Council
approved an agreement with the Virginia Department of Transportation
(V DOT) for project construction bidding and administration on
December 1 Ei, 199Ei, pursuant to Resolution No. 33205-121 Ei9Ei; the City
is required to be responsible for 100 per cent of all project costs; and
Council officially notified VDOT of its approval of the low bid submitted
to VDOT by Allegheny Construction Co., Inc., in the amount of
$3,9Ei4,813.90.
It was further advised that change orders to VDOT's construction
contract with Allegheny Construction Co., Inc., in excess of $25,000.00,
require Council's approval; a change order was recently forwarded to
the City from VDOT, in the amount of $45,Ei88.00; VDOT indicates that
this change order is needed to make payment to the contractor for a
delay in the contractor's ability to begin construction of the bridge over
1-581, which is due to a 3Ei-day delay in receipt of approved
construction plans; $45,Ei88.00 was established by VDOT as the
monetary value for the 3Ei-day delay due to changes in timing of the
work; changes in timing caused the contractor to alter his scheduled
use of manpower and equipment, resulting in higher costs; the total of
all change orders to date, including this change order, is $29Ei,307.1 0,
which is 7.5 per cent of the original contract amount; and funding is
available in 1-581 Interchange Account No. 008-052-9545-9001, due to
contingency funding for the project.
The City Manager recommended that he be authorized to execute
a VDOT change order with Allegheny Construction Co., Inc., in the
amount of $45,688.00 and 36 additional calendar days.
12
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#341 EiO-020199) AN ORDINANCE authorizing the City Manager
to execute a Change Order on behalf of the City to the contract between
the Virginia Department of Transportation and Allegheny Construction
Co., Inc., for the 1-581 Interchange improvements at Valley View
Boulevard; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 3Ei3.)
Mr. Trout moved the adoption of Ordinance No. 341EiO-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
H udso nand Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
BUDGET -CMERP-EQUIPMENT: The City Manager submitted a
written report advising that the Capital Maintenance and Equipment
Replacement Program for General Fund Accounts and Prior Year
Retained Earnings for Internal Service Accounts has identified various
operational needs for four City Departments, which include Building
Inspections, Traffic Engineering, Engineering and Civic Center; and it
is necessary for Council to appropriate funds from Capital Maintenance
and Equipment Replacement Programs and Prior Year Retained
Earnings to provide for acquisition of the following items:
Building Inspections
Customer Service/Process Improvement
$ 32,500.00
Traffic Engineering
Emergency Vehicle Traffic Signal Preemption
Program (Opticom) $200,000.00
Funds designated in the Current Year Capital Maintenance and
Equipment Replacement Program:
Engineering
Market Building Roof Repair
$ 36,500.00
ACTION:
13
Funds designated in the Prior Year Retained Earnings Account:
Civic Center
Modification and updating of Concession
Stands $107,000.00
The City Manager recommended that Council appropriate
$37Ei,000.00, as follows:
$32,500.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-955Ei-9003.
$200,000.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-95Ei9-9003.
$3Ei,500.00 from General Fund Current Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-9Ei99-9003.
$107,000.00 from Prior Year Retained Earnings to Civic
Center Account No. 005-05Ei-21 09-9015.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#341Ei1-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, Capital Projects and Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 3Ei4.)
Mr. White moved the adoption of Ordinance No. 341Ei1-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
~AYS: ~one----------------------------------------------------------______________0.
14
POLICE DEPARTMENT -ANIMALSIINSECTS: The City Manager
submitted a written report advising that the Roanoke Valley SPCA has
provided facilities and animal impounding services for the City under
a contractual agreement since 1979; in January 1994, Council approved
the City of Roanoke entering into a contractual agreement with
Roanoke Valley SPCA for animal impounding facilities and services
with the right to renew the agreement annually thereafter; and in
August 199Ei, Council approved as impoundment boarding fee per
animal per day of $7.75 to be paid to the Roanoke Valley SPCA for
domestic animals.
~
It was further advised that the Roanoke Valley SPCA has notified
the City of Roanoke and all other jurisdictions they provide
impoundment services for that the SPCA intends to build a new facility
and the SPCA intends to terminate its relationship (contracts) with the
City of Roanoke and other municipalities by approximately the spring
season of the year 2000; and the Roanoke Valley SPCA has requested
modifications to the current contract with all jurisdictions, as follows:
Increase the impoundment boarding fee from $7.75 per
day per animal to $8.75 per day per animal.
Compensate the SPCA for all stray animals brought to the
SPCA by citizens of that jurisdiction. This is a new cost to
the City. The City currently compensates the SPCA for
animals taken to the facility by its Animal Control officers.
It was explained that in fiscal year 1999, the Animal Control
budget provides for $100,000.00 to compensate the SPCA for
contractual animal impoundment services (paid monthly based on the
number of animals impounded); boarding fees charged to citizens by
the City should be increased from $7.75 to $8.75 to reflect the actual
cost of impounding an animal if the fee paid to the SPCA is increased;
animal pickup fees (fee charged animal owners) should be increased
to more accurately reflect Animal Control operating costs and to be
consistent with surrounding jurisdictions; and a Regional Committee
is working to determine the most efficient and effective regional
solution to the long term issues of providing animal impounding
facilities and services.
ACTION:
15
The City Manager recommended that he be authorized to enter
into a new six-month contractual agreement with the Roanoke Valley
SPCA for animal control impounding facilities and services; that the
animal impoundment boarding fee paid to the Roanoke Valley SPCA be
increased to $8.75 per animal per day and amend the contract with the
Roanoke Valley SPCA to compensate the SPCA for impounding stray
domestic animals brought in by citizens of Roanoke City, for not more
than a five-day impoundment period per animal; and authorize the
Director of Finance to amend the City's Fee Compendium to increase
the impoundment boarding fee from $7.75 per animal per day to $8.75
per animal per day and increase the fee charged to citizens for animal
pickup to $20.00 for the first pickup, $35.00 for the second pickup and
$50.00 for the third pickup within a 12-month consecutive period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#341Ei2-020199) A RESOLUTION authorizing and providing for
an agreement between the City of Roanoke and the Roanoke Valley
Society for the Prevention of Cruelty to Animals relating to the
operation of an animal shelter by the Society and increasing the
impoundment boarding fee charged to animal owners.
(For full text of Resolution, see Resolution Book No. Ei1, page 3EiEi.)
Mr. Harris moved the adoption of Resolution No. 341Ei2-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
H u dso nand May or Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CITY ATTORNEY:
TRAFFIC-LEGISLATION: The City Attorney submitted a written
report advising that at the Council meeting on January 19, 1999, he was
requested to prepare the required measure to increase the maximum
penalty for a traffic infraction from $100.00 to $200.00.
16
ACTION:
The City Attorney further advised that acting pursuant to the
authority of 114Ei.2-1300 and 4Ei.2-1313 of the State Code, Council has
adopted all of the provisions and requirements of Title 4Ei.2 regulating
operation of motor vehicles except those provisions and requirements
which, by their very nature, could have no application to or within the
City of Roanoke; Council has further provided that any violation of any
provision of Title 4Ei.2 incorporated by reference in the City Code shall
constitute a traffic infraction punishable by a fine of not more than
$100.00; under Title 4Ei.2 of the State Code, however, traffic infractions
are punishable by a fine of not more than $200.00 unless otherwise
stated; and by adoption of the proposed ordinance, Council will
establish the maximum fine possible for a traffic infraction and provide
clear authority for the judiciary to impose fines in excess of $100.00 for
traffic offenses where appropriate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#341 Ei3-o20199) AN ORDINANCE amending and reordaining 120-
1, Compliance with chapter required: general penalty for violations,
Code of the City of Roanoke (1979), as amended, to increase the
maximum fine for a traffic infraction from $100 to $200; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 3Ei7.)
Mr. Harris moved the adoption of Ordinance No. 341Ei3-020199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ARCHITECTURAL REVIEW BOARD: The City Attorney submitted
a written report advising that at the Council meeting on January 19,
1999, the Mayor inquired as to why appeals from the Architectural
Review Board (ARB) go to Council rather than directly to the Circuit
Court as in the case of appeals from the Board of Zoning Appeals.
17
It was further advised that Section Ei2(24) of the City Charter
authorizes Council to create the Architectural Review Board and to
appoint its members; and the same section provides for a two step
appellate process; any decision of the Architectural Review Board may
be appealed to the Council, and any decision of the Council may be
appealed to the Circuit Court, pursuant to 115.1-503.2 (now 115.2-230Ei)
of the Code of Virginia.
It was explained that Section 15.2-230Ei.A.1, Code of Virginia
(1950), as amended, provides that a local governing body may adopt an
ordinance as to historic districts providing that no building or structure
shall be erected, reconstructed, altered or restored within any such
district"... unless approved by the review board, or on appeal, by the
governing body of the locality ...."; it is further provided that a local
ordinance may provide that no historic landmark, building or structure
shall be razed, demolished or moved unless"... approved by the review
board or, on appeal, by the governing body...." See 115.2-230Ei.A.2;
and it is provided that a local ordinance shall provide"... for appeals to
the Circuit Court for such locality from any final decision of the
. b d "
governing 0 y.... .
The City Attorney expressed the opinion that the appellate
process established by the Code of the City of Roanoke for
Architectural Review Board appeals is in full compliance with both the
City Charter and the Code of Virginia; and other cities may utilize
different appeal procedures which are authorized by unique provisions
of local charters.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising
that pursuant to Chapter 9, Education, of The Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, the three year terms of office of Brian J.
Wishneff and Charles W. Day will expire on June 30, 1999.
18
ACTION:
ACTION:
It was further advised that pursuant to Section 9-1 Ei of The City
Code, on or before February 15 of each year, Council shall announce
its intention to elect trustees of the Roanoke City School Board for
terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2)
advertisement of such intention in a newspaper of general circulation
in the City twice a week for two consecutive weeks; Section 9-17 of the
City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year; and application forms will be available
in the City Clerk's Office and may be obtained between the hours of
8:00 a.m., and 5:00 p.m., Monday through Friday.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-
INSURANCE-BUDGET: The Director of Finance submitted the Financial
Report for the City of Roanoke for the month of December, 1998.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial report would be received and filed.
Council Member White raised a question with regard to the
amount of funds to be included in the Insurance Reserve; whereupon,
the Director of Finance advised that pursuant to provisions of the City
Code, the Insurance Reserve must carry a maximum balance of three
per cent of the General Fund; and $250,000.00 is budgeted to the
account each fiscal year, however, the total amount has not reached
three per cent. Mr. White inquired if three per cent of the City's General
Fund is a realistic figure.
In regard to establishing a stabilization fund, Council Member
Swain inquired as to the source of funds; whereupon, the Director of
Finance advised that the funds would come from excess revenue
funds.
1 9
It was the consensus of Council that the abovestated inquiries
would be referred to 1999-2000 budget study and to the Financial
Planning Session on Saturday, March 20, 1999, at 8:30 a.m., for future
discussion.
BUDGET -JUVENILE CORRECTIONAL FACILITIES: The Director
of Finance submitted a written report advising that the Roanoke Valley
Detention Commission was established by the Cities of Salem and
Roanoke, and the Counties of Botetourt, Franklin and Roanoke,
pursuant to Section 1 Ei.1-315 of the Code of Virginia; the Commission
was created to renovate and construct an addition to the existing City
Detention Center to increase the rated capacity to an 81 bed facility and
to equip, maintain and operate the Center; the Service Agreement
signed by the member jurisdictions to establish the Commission
agreed to purchase Detention Center real property and equipment, but
to allow the City of Roanoke to continue to administer and to operate
the facility until Phase I, or 58 beds, of the renovation is completed in
approximately April, 2000; and the Director of Finance was authorized
by Council to serve as the temporary fiscal agent for the Commission.
It was further advised that the Roanoke Valley Detention
Commission secured a bank note for $4.2 million to serve as interim
financing to pay for design and startup costs; the loan was secured at
a favorable interest rate of 3.68%; construction proposals are currently
being received by the Commission's architect, Hayes, Seay, Mattern
and Mattern; once construction costs are established, the Commission
will secure permanent financing with either a long-term bank note or
issuance of bonds; proceeds of the $4.2 million interim financing must
be appropriated by the City, as fiscal agent, in order to pay expenses
authorized by the Commission; expenses of the Commission include
payment to the City of $700,000.00, the agreed upon amount for
purchase of current Detention Center real property and equipment; and
closing on the real property is scheduled to occur later this month.
The Director of Finance recommended that Council adopt an
ordinance appropriating $4.2 million to accounts established in the
Roanoke Valley Detention Commission agency fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
?O
ACTION:
(#341 Ei4-o20199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Juvenile Detention Commission Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 3Ei8.)
Mr. Trout moved the adoption of Ordinance No. 341Ei4-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
REPORTS OF COMMITTEES:
WATER RESOURCES: Elizabeth T. Bowles, Chairperson, Carvins
Cove Comprehensive Land Use Committee, presented an interim report
on behalf of the Committee, recommending that consideration be given
to the need for soil and water "best management practices" on the
headwaters of Catawba and Tinker Creeks to protect the purity of the
water in the Carvins Cove Reservoir. She advised that the consultant
has been hired and the project is on schedule and well underway.
Mrs. Bowles further advised that protecting the purity of the
water in Carvins Cove Reservoir cannot be dealt with by a land use plan
for City-owned lands; the committee voted to bring the matter to
Council's attention because Council appears to be considering how to
address other regional water management issues, and the Committee
hopes tJ'lis aspect could be on the agenda if such regional
conversations are held; the Committee is cognizant of the fact that the
primary purpose of the Council-commissioned study is to produce a
land use plan for City-owned land surrounding Carvins Cove Reservoir
which, among other things, addresses the potential for light
recreational use ofthe watershed; and the Committee understands that
the public's overriding interest with respect to the Carvins Cove issue
is in its protection from contamination of the source of pure water for
City residents.
?1
It was explained that the Committee has been informed that
during certain times of the year, a major portion of the water in the
Carvins Cove Reservoir originates from outside the City-owned
reservation by entering the reservoir via two tunnels, Catawba Creek
and Tinker Creek; and nothing the City does with respect to
management of City-owned land can keep these waters clean.
Mrs. Bowles advised that in the context of certain planning and
coordination meetings with persons representing other Roanoke Valley
governments including Botetourt, as well as Roanoke County, and on
the basis of appropriate reciprocity, the Committee requests that
Council encourage those jurisdictions to consider giving special
attention to the need for soil and water "best management practices"
on the headwaters of Catawba and Tinker Creeks to protect the purity
of water in the Carvins Cove Reservoir.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Wyatt, who also serves as Chair of the Water
Resources Committee, moved that the matter be referred to the Water
Resources Committee to address pertinent issues and report to
Council accordingly. The motion was seconded by Mr. Trout and
unanimously adopted.
ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center
Commission with regard to an extension of the contract with The
Swanson Corporation for food and beverage concession management
at the Roanoke Civic Center, was before Council.
It was advised that an extension would provide more preparation
time for transition, which would coincide with the ~nd of the fiscal year;
and transition would occur at a slow time for business, providing an
opportunity for a smooth transition period during the summer months.
The Roanoke Civic Center Commission recommended that
Council approve a contract extension with The Swanson Corporation
for two months, from April 30, 1999 through June 30, 1999, and
continuing on a month-to-month basis not to exceed one year, only,
upon mutual agreement by both parties, with the remaining terms of the
contract to remain the same.
(For full text, see reports on file in the City Clerk's Office.)
22
ACTION:
Mr. Harris moved that the following ordinance be placed upon its
first reading:
(#341Ei5) AN ORDINANCE extending the Food/Beverage
Concession Management Contract agreement between the City of
Roanoke and The Swanson Corporation for a period of two months with
an option upon mutual agreement of the parties to extend the contract
month-to-month up to an additional one year unless terminated sooner
by either party pursuant to Section 4 of the contract.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 374.)
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY-
WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, in connection with property rights disposition of Ei.5 acres
of land in Westview Terrace.
A staff report advised that Council directed the initiation of
negotiations to purchase the above referenced property from Habitat
for Humanity at its meeting on Monday, August 3, 1998; Council
authorized acquisition of the property from Habitat for $352,800.00 on
October 7, 1998, pursuant to Ordinance No. 34031-100798; development
restrictions have now been developed and approved by neighborhood
representatives; and the property may now be declared surplus and
sold with certain development restrictions.
The Water Resources Committee recommended that Council
authorize the City Manager to take appropriate action to advertise a
public hearing, and, lacking any comments to the contrary, convey to
the highest bidder the property as shown on a list, described as
Westview Terrace Properties, after all legally required procedural steps
are completed, with the City reserving the right to reject any and all
bids; and approve development minimum standards as shown on
Exhibit A of the report.
ACTION:
23
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#341 EiEi-020199) A RESOLUTION authorizing the advertisement
for bids for the purchase of 6.5-acres of City-owned property located in
Westview Terrace, subject to certain minimum development standards;
approving the minimum development standards; and authorizing the
City Manager to advertise a public hearing at the appropriate time in
order to comply with 115.2-1800B of the Code of Virginia (1950), as
amended.
(For full text of Resolution, see Resolution Book No. Ei1, page 3Ei9.)
Ms. Wyatt moved the adoption of Resolution No. 341EiEi-020199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers------------------------------.;----------------------------7.
NAYS: None------------------------------------------------------------------------0.
AIRPORT-CITY PROPERTY -LEASES-WATER RESOURCES: Vice-
Mayor Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
scheduling a public hearing in anticipation of authorizing extension of
the lease with The Hertz Corporation for land located at 1302 Municipal
Road, N. W.
A staff report advised that Council, pursuant to Ordinance No.
1840Ei, adopted on November 11, 19Ei8, and Resolution No. 18537,
adopted on January 27, 19Ei9, authorized execution of a lease for a
period of ten years, with provision for two five-year extensions, of a
two-acre parcel of property to The Hertz Corporation to be used as
facilities for maintenance, servicing and storage of vehicles; and
subsequent five-year extensions to the original lease were authorized
by Council in 1989 and 1993.
It was further advised that City staff has negotiated an extension
to the current lease, for a term of five years, for a total lease fee of
$118,319.00; and total value of the previous five year lease was
$95,000.00.
24
ACTION:
The Water Resources Committee recommended that Council hold
a public hearing in anticipation of authorizing execution of an extension
to the lease with the Hertz Corporation, for a term of five years, in a
form to be approved by the City Attorney, and in accordance with
conditions as set forth in the report.
-
\
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation and
authorize a public hearing to be held on Tuesday, February 1 Ei, 1999, at
7:00 p.m., in the City Council Chamber. The motion was seconded by
Mr. Hudson and unanimously adopted.
WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to execution of a contractual agreement
with the Bedford County Public Service Authority for the sale of surplus
water by the City of Roanoke.
A staff report advised that sale of surplus water to Roanoke
County was authorized by Council on July 23, 1979, for a term of 30
years; an addendum to the 1979 water contract was executed on
January 27,1995, and extends the original contract for nine years until
the year 2015 and gradually reduces the minimum quantity of water
required to be purchased by the County from 2.5 MGD (1995) to 1.0
MGD starting in 2010; and surplus water is also provided to the City of
Salem on an as needed basis (limited to 2 MGD) and to the Town of
Vinton.
It was further advised that the Bedford County Public Service
Authority conducted a feasibility study to determine a source of water
to meet their needs in the western Route 24 corridor of Bedford County;
the Falling Creek Treatment Plan located in Bedford County off Route
24 has a safe yield capacity of 1.5 MGD and has surplus water available
to sell; the Bedford County Public Service Authority approached the
City of Roanoke in January 1998 and expressed a desire to purchase
surplus water up to one MGD from the Falling Creek Plant; and contract
language has been negotiated between the Bedford County Public
Service Authority and the City of Roanoke.
ACTION:
25
The Water Resources Committee recommended that Council
authorize the City of Roanoke to enter into a contractual agreement
with the Bedford County Public Service Authority, in accordance with
a negotiated contract for the sale of surplus water, as more fully set
forth in the report.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#341 Ei7-020199) A RESOLUTION authorizing the execution of a
surplus water purchase agreement between the City of Roanoke and
the Bedford County Public Service Authority.
(For full text of Resolution, see Resolution Book No. Ei1, page 370.)
Ms. Wyatt moved the adoption of Resolution No. 34167-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and May or Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
BUDGET-PARKS AND RECREATION-SWIMMING POOLS: Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
written report on behalf of the Committee, in connection with bids
received by the City for remodeling and upgrading municipal swimming
pools in Washington and Fallon Parks; whereupon, he recommended
that Council approve the following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with U. S. Construction Co. of Roanoke to construct
Municipal Swimming Pools Remodeling and Upgrade, in
accordance with contract documents as prepared by the
Office of City Engineer and as negotiated with U. S.
Construction Co. of Roanoke, in the amount of
$270,12Ei.00. Completion date for Fallon Park Swimming
Pool is June 1, 1999 and June 15, 1999 for Washington
Park Swimming Pool.
26
ACTION:
Authorize transfer of funds and appropriate the following
funds to a Capital Account entitled, Municipal Swimming
Pools (1999):
-
I
From 1996 CMERP
From Public Improvement Bonds 2000,
Account No. 008-052-9709-9180
Total Project Amount
$248,000.00
22.126.00
$270.126.00
Adopt a resolution declaring the City's intent to reimburse
itself $22,12Ei.00 from the proceeds of the sale of Series
2000 general obligation bonds.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#341 Ei8-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 371.)
Mr. Swain moved the adoption of Ordinance No. 341Ei8-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers-----------------------------------------------------------------------------Ei.
NAYS: None-------------------------------------------~----------------------------0.
(Council Member Harris was out of the Council Chamber.)
Mr. Swain offered the following emergency ordinance:
ACTION:
ACTIO~:
27
(#341Ei9-020199) AN ORDINANCE accepting the bid of U. S.
Construction Co. of Roanoke for the remodeling and upgrading of the
Municipal Swimming Pools at Washington and Fallon Parks, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 373.)
Mr. Swain moved the adoption of Ordinance No. 341Ei9-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers----------------------------------------------------------------------------Ei.
NAYS: None------------------------------------------------------------------------0.
(Council Member Harris was out of the Council Chamber.)
UNFINISHED BUSINESS: None.
'\
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 34148, permanently
vacating, discontinuing and closing a portion of 15th Street, N. E.,
extending north from Varnell Avenue, N. E., having previously been
before the Council for its first reading on Tuesday, January 19, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. White offering the following for its second reading and
final adoption:
(#34148-020199) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 358.)
Mr. White moved the adoption of Ordinance No. 34148-020199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
28
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ZONING: Ordinance No. 34149, rezoning property known as the
former Norfolk & Western Passenger Station located at 209
Shenandoah Avenue, N. E., identified as Official Tax No. 3013Ei03, from
HM, Heavy Manufacturing District, to C-3, Central Business District,
subject to the Second Amended Petition filed in the Office of the City
Clerk on December 7,1998, having previously been before the Council
for its first reading on Tuesday, January 19, 1999, read and adopted on
its first reading and laid over, was again before the body, Mr. Harris
offering the following for its second reading and final adoption:
(#34149-020199) AN ORDINANCE to amend 13Ei.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 301, Sectional 197Ei
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 3EiO.)
Mr. Harris moved the adoption of Ordinance No. 34149-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-----------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ACTS OF ACKNOWLEDGEMENT: Action on a resolution paying
tribute to The Reverend Dr. Noel C. Taylor, former Mayor of the City of
Roanoke, upon the occasion of his retirement as Pastor of High Street
Baptist Church, was deferred until the next regular meeting of Council
on Tuesday, February 1 Ei, 1999, at 2:00 p.m.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
29
ZONING-COUNCIL-COMMUNITY PLANNING: Council Member
Trout reiterated a referral to the City Manager under date of Monday,
August 17, 1998, in which he expressed concern with regard to
conversion of residential houses into apartments, thus creating parking
problems, etc. He referred specifically to a house located on
Broadway, S. W., which was converted into apartments and a dwelling
was constructed at the rear of the property and attached to the original
structure.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
BUDGET -COUNCIL-REFUSE COLLECTION-STREETS AND
ALLEYS: Council Member Swain expressed concern with regard to
unsightly debris at one of the main thoroughfares to the City, and
advised that he would provide the location to the City Manager for
appropriate response.
Council Member Swain requested an evaluation ofthe policy with
regard to sweeping main streets and thoroughfares of the City on a
three week cycle.
It was the consensus of Council that the matter would be referred
to 1999-2000 budget study and the City Manager will prepare a cost
analysis for consideration by Council.
Council Member White called attention to the need to educate the
public on the consequences of littering via the City Page of The
Roanoke Times, RVTV Channel 3, and in-house anti-littering
information. He requested that the City Manager review the matter of
disseminating public information in partnership with the community.
PUBLIC WORKS-STREETS AND ALLEYS: Council Member
Hudson addressed the time table for the repaving of City streets and
inquired as to the most appropriate manner to respond to citizen
concerns.
The City Manager suggested that telephone inquiries be referred
to the City Manager's Office and/or the Director of Public Works for
appropriate response, and Council Member Swain suggested that the
City's policy for paving streets be publicized on the City Page of The
Roanoke Times.
30
ACTION:
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
FIRE DEPARTMENT-PENSIONS: Wilbur A. Drewery, 844 Dillon
Drive, Vinton, Virginia, having retired from the Fire Department
approximately two months prior to adoption by Council of a certain
pension incentive ordinance, expressed concern that the Circuit Court
refused to hear his case that he be allowed to receive $300.00 per
month in enhanced benefits until age Ei5.
I
--
The remarks were referred to the City Manager and the City
Attorney.
CITY ATTORNEY: A communication from Wilburn C. Dibling, Jr.,
City Attorney, tendering his resignation, effective April 1, 1999, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that Council accept the resignation, effective
April 1, 1999, and that the City Attorney be requested to prepare the
proper measure appointing William X Parsons as Acting City Attorney,
effective April 1, 1999. The motion was seconded by Mr. Harris and
unanimously adopted.
At 3:55 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Harris who left the
meeting prior to the Executive Session.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
---..
I
ACTION:
ACTION:
31
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers-----------------------------------------------------------------------------Ei.
NAYS: None------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that there is a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the ineligibility of F. Wiley Hubbell to serve
another term, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of David C. Key.
There being no further nominations, Mr. Key was appointed as
a member of the Board of Trustees, City of Roanoke Pension Plan, for
a term ending June 30, 2002, by the following vote:
FOR MR. KEY: Council Members Swain, Trout, White, Wyatt,
H u dso n and May 0 r Bowe rs----------------------------------------------------------Ei.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there are two vacancies on the
Roanoke Neighborhood Partnership Steering Committee created by
expiration of the terms of office of Robyn R. Wilson and Vaunda
Leftwich, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the name of Keith Moore.
Mr. Swain placed in nomination the name of Stark H. Jones.
There being no further nominations, Messrs. Moore and Jones
were appointed as members of the Roanoke Neighborhood Partnership
Steering Committee, for terms ending November 30, 2002, by the
following vote:
FOR MESSRS. MOORE AND JONES: Council Members Swain,
Trout, White, Wyatt, Hudson and Mayor Bowers------------------------------Ei.
(Vice-Mayor Harris was absent.)
32
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION-DISABLED PERSONS: The Mayor advised that the term
of office of Donna S. Norvelle as a member of the Fifth District
Disability Services Board expired on January 31, 1999, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Donna S. Norvelle.
There being no further nominations, Ms. Norvelle was
reappointed as a member of the Fifth District Disability Services Board,
for a term ending January 31, 2002, by the following vote:
ACTION:
FOR MS. NORVELLE: Council Members Swain, Trout, White,
Wyatt, Hudson and Mayor Bowers------------------------------------------------Ei.
(Vice-Mayor Harris was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 4:25 p.m.
APPROVED
ATTEST: ~
~~ J. r ~
Mary F. Parker
City Clerk
SJ:>,(L ~
David A. Bowers
Mayor
---..
I
33
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
February 1Ei, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 1Ei, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers-----------Ei.
ABSENT: Council Member C. Nelson Harris---------------------------------------------1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
RENTAL INSPECTION PROGRAM: The City Manager introduced a briefing on
the City's Rental Certificate of Compliance Program commonly known as the Rental
Inspection Program. He advised that the program involves rental properties in the
City's older neighborhoods which are inspected periodically to insure that they meet
minimum standards of the City's Building Maintenance Code. He explained that
following the City's adoption of enabling legislation in 1994 and with the urging of
numerous community interests, the City began to develop a program of systematic
inspections of rental units to increase public safety and to maintain the inner City
housing stock, and program adoption and administration took place in the latter part
of 199Ei. He stated that the program is in operation in neighborhoods in all four of
the affected quadrants of the City and all eligible neighborhoods are expected to be
included by 1999, and because of anticipated programs and the effect on older
neighborhoods, as well as Council's continuing interest in the Rental Inspection
Program, a briefing is in order to discuss program design, operation and
experiences to date.
At 12:35 p.m., Council Member White entered the meeting.
34
H. Daniel Pollack, Jr., Housing Development Coordinator, called attention to
a long history of interest regarding rental property dating back to 1979, particularly
in the older neighborhoods of the City where there has been an apparent lack of
maintenance and a high concentration of rental properties. He explained that
although the City has had a Property Maintenance Code in effect for many years and
adopted the Statewide Building Maintenance Code in 198Ei, the City had no authority
to require inspection of rental properties on any systematic basis, consequently,
inspections of rental properties were reactive, particularly to the complaints of
tenants and much of the City's inspection capability was focused on vacant
buildings with no authority to inspect the inside of rental properties without tenant
complaints. He stated that in 1994, the General Assembly passed enabling
legislation to give cities the authority to require inspections of rental properties
upon the sale of property or the vacancy of a unit which applied to conservation
areas or rehabilitation districts of the City only and includes all of the southeast
area, old southwest and Hurt Park neighborhoods, lower northwest area, and
extends from the Vinton town limits to 24th Street, Lafayette Boulevard and Shaffers
Crossing down to the Roanoke River. He added that at the request of several
community and neighborhood groups and other interested persons, the City
considered design of a program in 1995 based upon enabling legislation with the
assistance of the Roanoke Regional Housing Network, and following a long and
involved process of working through the Regional Housing Network and a series of
public workshops, a program was presented to and approved by Council in 199Ei.
He advised that the City began to roll out the program in the fall of 199Ei, added staff
and the program was operational in the spring of 1997.
Mr. Pollack called attention to two general aspects of the program; viz: before
a vacant unit in one of the affected areas can be re-rented, it must be inspected at
a mandatory inspection fee of $75.00, the exception is if the unit already has a
Certificate of Compliance with the Building Maintenance Code that was issued within
the last two years, or a temporary waiver to allow the property to be re-rented while
repairs are made; and two, the City requests a voluntary inspection on the part of the
property owner before the unit becomes vacant, there is no charge for the inspection
and if no violations are found, a Certificate of Compliance is issued at which time the
property owner can rent or re-rent the property for as many times as it becomes
vacant over the two year life of the certificate unless a problem occurs at a later time
that may cause the property to be condemned or require other repairs. He stated
that pursuant to the Building Maintenance Code, which applies to all cities in
Virginia, buildings must be maintained to certain minimum standards, whether the
structure is in a conservation area or in a rehabilitation district, and whether it is a
homeowner occupied unit or a rental unit. He added that the rental inspection
program changed the administrative process by which the City may enter rental
properties to perform inspections, with a number of possible outcomes when an
35
inspection occurs; Le.: (1) a Certificate of Compliance of Building Maintenance Code
standards is issued which certifies at the time of inspection that no violations were
found which entitles the owner to rent the unit as many times as it becomes vacant
in that two year period without requiring another inspection; (2) if minor issues are
found, or if there are developing conditions that would not cause the City to withhold -
the certificate, but it is important to call the attention of the owner to certain defects
in order to monitor the condition and to take action, a certificate will be issued with
an advisory; (3) a temporary waiver which is a repair order that advises the property
owner that violations were found that must be corrected, however, while corrections
are underway the owner may continue to rent or re-rent the structure; (4) the most
serious condition would result in a condemnation which means that the property is
not safe to inhabit, however, depending upon the severity of the problem, the City
may allow the property to be occupied for a period of time while the owner makes
the necessary repairs, but if the property owner does not make the necessary
repairs, the unit must be vacated and cannot be re-rented or re-occupied until the
situation is corrected.
Mr. Pollack explained that the process involves publishing a notice in the
newspaper advising that the program is coming to a specific neighborhood; in
addition, individual notices are mailed to all property owners in the area announcing
the program, providing information on City Code requirements, and requesting that
property owners contact the City to schedule an inspection appointment. He
advised that if no response is received to the request, in two to three weeks a follow-
up notice is mailed requesting that the property owner contact the City to schedule
an inspection if they are interested in pursuing the voluntary inspection at no cost,
and following another two to three weeks if no response is received from the
property owner, the City will forward a final letter to the property owner putting them
on notice that when the rental unit (a unit not occupied by the owner) becomes
vacant, the unit must be inspected before it can be reoccupied. He stated that this
week, the program will be extended to the balance of the Hurt Park neighborhood
and the old southwest neighborhood and when those areas have been completed
in mid September, approximately 80 per cent of the area of rental units in the City
will have been covered, with the exception of a portion of southeast and northwest
which are in relatively good condition with low concentrations of rental properties.
Mr. Pollack advised that the first certificates which were issued in the fall of
199Ei and the winter of 1997 are about to expire and are subject to renewal, and those
properties that the owners declined to participate in the initial program are coming
up for inspection and will be due for inspection under the mandatory provisions of
the rental inspection program. He advised that there are currently 1,517 inspected
units and of that number, on the initial inspection 44 per cent or 666 passed the first
time, 39 per cent or 592 did not pass the first time and were given repair orders for
36
temporary waivers, although the owner was entitled to continue to rent or re-rent the
units, four per cent or 58 were in such poor condition that they were condemned on
the first inspection; and 201 units do not clearly fall within any of the above
categories. He further advised that currently out of 1,517 inspected units, 1,129 or
74 per cent have Certificates of Compliance, 190 or 13 per cent have temporary
waivers and are under current repair orders, 53 are condemned or are in the process
of being vacated, 58 have been removed from the inventory either by demolition or
in some cases the owners have decided to take the units out of service or convert
the structure to a multi-building or to a single family unit, and 97 have various other
classifications. He added that 393 units have been repaired, including 24 that were
condemned. He noted that there are 2Ei2 units whose owners have clearly declined
to participate in voluntary inspections, therefor, they fall within the mandatory
provisions and there are other property owners who have not responded to the City.
------
In summary, Mr. Bengtson advised that the strategy is to change the shape
of neighborhoods by changing the dynamics and the marketing of those
neighborhoods; and residents and property owners need time to adjust to a new way
of doing business and those properties that have been in decline over a long period
of time do not suddenly experience a rebound. He stated that in the administration
of the program, the City has been lenient during the first two years in terms of time
limits given to property owners to make repairs, the extent of repairs particularly non
health and safety repairs, and the City has been lenient in charging fees. He advised
that code enforcement has two elements: (1) the remedial aspect of code violations
to prevent tragedies by making properties safer, but regulations do not guarantee
that a building will not incur a tragedy; and (2) the therapeutic aspect by making
neighborhoods more attractive and healthier, thus providing a higher quality of life.
Mr. Thomas Skelley, 2402 Avenel Avenue, S. W., advised that the City should
look at rental housing as a small industry, which is fragmented but just as
significant as overnight lodging. He stated that 40 per cent of the housing units in
Roanoke are rental units, City government is supportive of the overnight lodging
industry as exemplified by such entities as The Hotel Roanoke, therefore, the City
should support an organization such as the Roanoke Property Investors Association
and others. He added that the creation of the Rental Inspection Program for rental
housing is necessary, but it has created an adversarial relationship between City
government, property investors and property owners, and, as in any adversarial
relationship, all sides should agree that there are certain elements that need to be
created on a level playing field, with an ombudsman charged with the responsibility
of interpreting the rules and providing judgement, but with all parties agreeing to the
ground rules. He stated that insofar as the Rental Inspection Program, there was
never an agreement by all parties on the rules before the program was enacted. He
added that property investors would like some indication from Council that it will be
37
supportive of entrepreneurs who are willing to take ownership of housing in the City,
which are properties that are not likely to become owner occupied in the next five
to ten years, and if the City does not want to own these properties, it should defer
to a group of property investors who will take ownership of the properties and the
City should be supportive of their efforts. He requested that dual inspections be
eliminated by the City of Roanoke and the Roanoke Redevelopment and Housing
Authority since both inspections occur within a short period of time, and that the
building maintenance requirements be published on the City's website.
Mr. Robert Fetzer, 2Ei02 Stanley Avenue, S. E., advised that as a property
investor in the City of Roanoke, he was a member of the Roanoke Regional Housing
Network in 1995-9Ei when the City developed the Rental Inspection Program. He
called attention to two issues that needed to be addressed while the City was
establishing the Rental Inspection Program; viz: a way to assist property owners in
rehabilitating property and a way to provide a safety net for those tenants who might
be adversely affected by the program. He added that the amount of money that the
City has contributed toward rental rehabilitation of properties has decreased and the
only available alternative for the property investor who would like to improve their
property is to pursue private financing. He explained that it is felt that the City
should be just as aggressive in developing a program to assist property owners who
would like to improve their property and at the same time the City should help those
tenants who are displaced as a result of the Rental Inspection Program. He
requested that the City conduct a review of the cost of the program, and inquired as
to where Community Development Block Grant funds which were targeted for low
to moderate income families of the City were spent. He called attention to an
adversarial relationship between property owners and the City as a result of the
program, and advised that all is not well with the City's Rental Inspection Program,
all aspects of the program should be reviewed, and an arbitration board is needed
to intervene.
Mr. Guy Sparks, 2704 Northway Drive, N. W., expressed concern with regard
to property he acquired in 1989 which contains four rental units. He explained that
at the time of purchase, all four units were rented, and the previous owner signed
a certified letter advising that the property had been used in that fashion since 1945.
He stated that pursuant to the Rental Inspection Program, the City's Building
Department and the Zoning Department have taken the position that there is no
grandfather clause that would permit the property to be used in this manner. He
added that the City's position is unfair to him as a property owner in view of the fact
that the property has been occupied as four units since 194&.
38
The City Manager explained that at the inception of the Rental Inspection
Program, there was significant citizen participation and it was known that the
program would be refined over a period of time. He advised that he was unaware of
some of the suggestions/concerns that were presented by previous speakers, and
it would be the City's intent to establish a mechanism to receive input from all
interested persons to insure that there is a balance in discussions.
Council Member Wyatt advised that there are degrees of landlords and
property owners, and some are responsible individuals. She asked that the City
review the question of providing certain incentives to those property owners who
are diligent in their duties.
In summary, the Mayor advised that the City Manager and appropriate City
staff will meet with representatives of the Roanoke Property Investors Association
and others to receive their input, with further report to Council at a later date.
At 1 :00 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Tuesday, February 1 Ei, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
Bowers----------------------------------------------------------------------------------------------------------7.
ABSENT: None--------------------------------------------------------------------------------------0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Rabbi Manes Kogan,
Beth Israel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTION:
39
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT: Mr. White offered the following
resolution paying tribute to The Reverend Dr. Noel C. Taylor, former
Mayor of the City of Roanoke, upon the occasion of his retirement as
Pastor of High Street Baptist Church:
(#34170-021 Ei99) A RESOLUTION paying tribute to The Reverend
Dr. Noel C. Taylor, former Mayor of the City of Roanoke, upon the
occasion of his retirement as Pastor of High Street Baptist Church.
(For full text of Resolution, see Resolution Book No. Ei1, page 375.)
Mr. White moved the adoption of Resolution No. 34170-021 Ei99.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayo r Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
On behalf of the citizens of the City of Roanoke and the Members
of City Council, the Mayor presented Dr. Taylor with a framed aerial
view photograph of the Roanoke Valley and the star on Mill Mountain.
PROCLAMATIONS: The Mayor presented a proclamation
declaring Tuesday, February 1Ei, 1999, as Valley Metro Appreciation
Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
The Mayor advised that a team of mechanics and bus operators
from Valley Metro participated in and won best overall transit property
for the second year in a row at the tenth annual Virginia Transit Roadeo
which was held on July 24 and 25, 1998, in Charlottesville, Virginia. He
commended the following maintenance team members who won first
place in maintenance competition: Steve Fisher, Wayne Thompson and
Doug Agee. He also commended the following members of the bus
operator's team who placed second overall in operator's competition:
Jimmy Carter, Neil Hartwell, Roger Broughman and Ricky Joseph.
40
ACTS OF ACKNOWLEDGEMENT -HOUSING/AUTHORITY-
GRANTS: Willis M. Anderson, Chair, City of Roanoke Redevelopment
and Housing Authority, advised that in 1999 the Housing Authority will
mark 50 years of service to the City of Roanoke, and over the course of
those 50 years, the Housing Authority has constructed and
successfully managed approximately 1500 units of public housing, and
worked with countless numbers of landlords to maintain a quality
assisted housing program through Section 8 funding. He stated that
the Housing Authority has contributed greatly to the lives of its
residents through self-sufficiency programs that enable residents to
achieve the goals of better education, increased employment and home
ownership. He further stated that in its dual role as a development
agency, the Housing Authority has been a part of many major
revitalization efforts in Roanoke which include the Shaffers Crossing
Industrial Park, the Deanwood Commerce Center, and the reopening of
The Hotel Roanoke, and acquired, assembled and made available for
development the land on which the Roanoke Civic Center, the main
post office, Coca Cola Bottling Company, First Union Tower, the
Norfolk Southern Building, and Crestar Plaza were constructed.
Mr. Anderson introduced Mary Ann Wilson, Senior Community
Builder, Virginia State Office, Department of Housing and Urban
Development, for a presentation.
Ms. Wilson advised that the 1999 budget of the Department of
Housing and Urban Development for the Hope VI public housing
revitalization program was increased and the City of Roanoke received
$15 million for the Lincoln 2000 project for revitalization of the
Washington Park community, and drug elimination grant. She stated
that HUD appreciates its positive relationship with the City of Roanoke
and through the leadership of Council and the City Manager, Roanoke
has consistently maintained a high performance record in its use of
HUD funds which is over $2 million annually, and the City is scheduled
to receive an increase of approximately $953,000.00. She advised that
HUD assists with approximately 3Ei multi-family projects in Roanoke, or
about 1,355 units, in addition to approximately 1,500 units of public
housing, and an equal number of units in Section 8 rental assistance
which is also administered by the Housing Authority. She further
advised that HUD developed an assessment to measure certain critical
aspects of the Housing Authority's performance and for the first time
since 1991, the Roanoke Redevelopment and Housing Authority is
recognized as a high performer with significant improvement in the
-
41
areas of rent collections, vacancy rate, and inspections of units and
systems, and a perfect score of 100 was received in the area of
modernization. She presented a plaque to Mr. Anderson and to John
P. Baker, Executive Director, Roanoke Redevelopment and Housing
Authority, containing the following inscription: Certificate of
Excellence in Management Operations presented to the Roanoke
Redevelopment and Housing Authority for Achieving High Performer
Designation.
David Baldwin, Director of Housing, Roanoke Redevelopment
and Housing Authority, presented an update on the Lincoln 2000
Project, and advised that the Housing Authority has been approved for
a $15.1 million grant under HUD's Hope VI program for revitalization of
the Lincoln Terrace Housing community. He expressed appreciation
for Council's endorsement of the HOPE VI Grant and for the City
Manager's letter of support which expressed the City's willingness to
give priority to providing financial support to the project if approved by
HUD, which commitments were pivotal in receiving HUD's approval for
the grant. He advised that the physical reconfiguration includes a
number of key elements, one of which is lowering the density of the
units on site by demolishing 12Ei of the 300 units that currently exist;
also, there will be comprehensive modernization of the remaining 174
public housing units adding amenities that will make the rental units
comparable to rental units in other Roanoke neighborhoods; and
alternative housing opportunities will be provided for residents of the
neighborhood by in-filling vacant spots created by demolition and
construction of approximately 48 new units which will be a mixture of
single family and duplex type structures that will provide opportunities
for below market rate rental as well as lease purchase. He advised that
the Hope VI project has been used as a catalyst for a more
comprehensive neighborhood revitalization program and 54 new single
family home ownership opportunities will be provided throughout the
Washington Park neighborhood. He explained that the program
provides for development of a family self-sufficiency opportunity center
in the neighborhood in front of the Lincoln Terrace development on
Burrell Street which will offer educational and job training opportunities
for residents of the area to encourage economic growth and self-
sufficiency. He advised that funding sources, other than grant funds,
include $3 million from the Housing Authority's capital improvement
fund, $17.1 million in support from the City of Roanoke, $4.8 million in
borrowed funds, $3.5 million in new mortgagea by home owners and
$750,000.00 in in kind contributions. He further advised that of the
42
$17.1 million in support from the City, funds have been spent as
follows: $10 million for renovation of Addison Middle School, $3 million
for widening the 10th Street corridor adjacent to the Washington Park
area, approximately $100,000.00 for future work in Washington Park,
$25,000.00 for a traffic signal at the intersection of 10th Street and Hunt
Avenue, and approximately $850,000.00 for the Lick Run Greenway. He
stated that approximately $3 million is needed for the Hope VI project
which includes $1.5 million for infrastructure improvements,
approximately $500,000.00 for homeownership incentives, and $1
million for a rehabilitation fund to encourage local banks to contribute
another $1 million which will enable a pool of approximately $2 - $2.5
million for rehabilitation of properties in the Washington Park
neighborhood. He advised that approximately $1 million per year is
needed from the City of Roanoke over the next three years, and
requested that Council consider appropriating up to $1 million for the
Hope VI project in fiscal year 1999-2000.
Fred A. Johnson, Director of Development, Roanoke
Redevelopment and Housing Authority, presented a briefing on
Shenandoah Place. He advised that the Housing Authority is working
in partnership with the Roanoke Foundation for Downtown, Inc., to
convert 8 North Jefferson Street, or the old GOB South building, into
approximately 80 luxury apartment units; and a feasibility study was
completed in November 1998 which reveals that the market supports
the need for the project and provides justification in terms of
prospective rents. He stated that a two-prong financing approach is
under consideration; i.e.: historic tax credits and working with a
mortgage company to pursue a 40 year loan through a 221(d)(4) loan
with the Department of Housing and Urban Development which means
that HUD will insure the loan through the mortgage company, and by
the summer of 1999, it is hoped to move forward following approval of
the loan by HUD.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
ACTION:
ACTION:
43
removed from the Consent Agenda and considered separately. He
called specific attention to four requests for Executive Session to
discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Manager; a personnel
matter, specifically consideration of the appointment of a particular
person as Acting City Attorney; the disposition of publicly held
property for economic development purposes; and personnel matters
with regard to vacancies on various authorities, boards, commissions
and committees appointed by the Council.
COUNCIL-MINUTES: Minutes of an informal meeting of the
Roanoke City Council and the Alexandria City Council held on
October 5,1998; and the regular meetings of Roanoke City Council held
on November 2 and November 1 Ei, 1998, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
44
ACTION:
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CITY MANAGER-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Manager, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter,
specifically consideration of the appointment of a particular person as
Acting City Manager, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CITY ATTORNEY-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Attorney, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter,
specifically consideration of the appointment of a particular person as
Acting City Attorney, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
ACTION:
ACTION:
45
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CITY MANAGER-ECONOMIC DEVELOPMENT-COUNCIL: A report
of the City Manager requesting that Council convene in Executive
Session to discuss the disposition of publicly held property for
economic development purposes, pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property for economic development purposes, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and May 0 r Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
FIRE DEPARTMENT-EMERGENCY SERVICES: A communication
from Council Member Carroll E. Swain in connection with a review of
the City's current method of delivering fire and emergency medical
services, was before Council.
At the request of Council Member Swain, Mr. White moved that
the item be removed from the Consent Agenda for separate discussion.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayo r Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
46
ACTION:
ACTION:
COMMITTEES-FLOOD REDUCTION/CONTROL: A report of the
City Manager responding to an inquiry of Council Member Swain on
January 4, 1999, requesting additional information on the Citizens
Advisory Committee for the Roanoke Valley Regional Storm Water
Management Plan, was before Council.
It was explained that the Citizens Advisory Committee was
established by the Technical Advisory Subcommittee to include two
representatives from each community (Roanoke City, Roanoke County,
Salem and Vinton), and five at-large members representing various
interests (homebuilders, agricultural, business and industry,
environmental and regional greenways); and Delegate A. Victor Thomas
was invited to serve on the committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. White ~oved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayo r Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
COMMITTEES-PENSIONS: A communication from Martha P.
Franklin tendering her resignation as a member of the Board of
Trustees, City of Roanoke Pension Plan, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand May or Bowers-------------------------------------------------------------7.
~AYS: ~one------------------------------------------------------------------------0.
BLUE RIDGE COMMUNITY SERVICES-COMMUNITY PLANNING-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
ACTION:
47
Dolores Y. Johns as a member of the Blue Ridge
Community Services Board of Directors for a term ending
December 31, 2001 ;
Gilbert E. Butler, Jr., as a member of the City Planning
Commission for a term ending December 31, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayo r Bowe rs-------------------------------------------------------------7.
NAYS: None--------------------------------------------------------------__________0.
REGULAR AGENDA
FIRE DEPARTMENT-EMERGENCY SERVICES: A communication
from Council Member Carroll E. Swain advising that of the City's 14
fire/emergency medical stations, six were constructed before 1930, with
two other stations being rental property; and currently, one new
fire/emergency medical station has been approved for the Peters Creek
Road Extension area and will replace one rental station.
Mr. Swain pointed out that over the past century, the City has
gone through major changes which impact the way fire and emergency
medical services are delivered; and annexations, new roadways,
construction of several bridges, age and construction of houses, as
well as population density all affect the way fire and emergency
medical services tasks should be organized. He added that given the
age and location of some of the City's fire/emergency medical services
stations, and considering the above mentioned changes, it is
appropriate and important to strategically look at how the City delivers
fire and emergency medical services. Therefore, before asking the City
Manager to undertake a comprehensive review of fire services and re-
engineering efforts, he would request the support of Council to
authorize a review.
48
ACTION:
Mr. Swain moved that the matter be referred to the City Manager
for study and report to Council. The motion was seconded by
Mr. Hudson and adopted.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the matter
would be referred to the City Manager for study and report to Council.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: On behalf of Dr. E. Wayne Harris, Rita D. Bishop,
Assistant Superintendent for Instruction, Roanoke City Schools,
presented a briefing on the "Character Counts" instructional program,
which is currently in effect at Fallon Park Elementary School. She
introduced Rita Duncan, Principal, and Richard Nottinger, Guidance
Counselor, Fallon Park Elementary School.
Ms. Duncan advised that the "Character Counts" instructional
program has become a reality because of a team effort of faculty and
staff, and on a daily basis students recite the Fallon Park pledge which
highlights "Character Counts" pillars that include returning lost items,
special kindnesses to others, and improvements related to academic
achievements. According to a teacher survey that was conducted at
the end of the first semester, she stated that attitude was rated good or
very good by the overwhelming majority of respondents, students are
completing homework and producing better quality work, attitude,
behavior and achievement have improved, the impact of "Character
Counts" on Fallon Park students has been positive, with suspensions
down by more than EiO per cent and referrals to the office for discipline
related issues having declined significantly. She advised that
"Character Counts" helps to support the Standards of Learning by
instilling in students the understanding that they are responsible for
their learning; adhering to the pillars of the program enable children to
work cooperatively on problem solving activities and brings depth to
the Standards of Learning by helping children to connect the
understanding of the "Character Counts" pillars to historical figures
and events and the program helps students to relate to literature and
current events in a more critical and inciteful way. She stated that the
goal of "Character Counts" is to help children show good character in
the schools, the home and the community.
49
Two students from Fallon Park Elementary School presented
information on the pillars of the "Character Counts" instructional
program.
Richard Nottinger, Guidance Counselor, Fallon Park Elementary
School, advised that since the "Character Counts" program has been
in effect, there has been less teasing, and bullying, children feel more
comfortable and safer in school, and they display characteristics of
thoughtfulness and consideration toward each other. He highly
commended the program.
The Mayor referred to a communication from Senator John S.
Edwards advising that the success of the program has been noted on
a local, state and national level, and he has introduced legislation in the
1999 Session of the General Assembly that would mandate similar
programs in elementary schools throughout the Commonwealth of
Virginia.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
BUDGET-SPECIAL EVENTS: William H. Carder, Member, Special
Events Committee, presented a briefing on annual activities for 1998
sponsored by the Roanoke Special Events Committee. He advised that
attendance at 1998 festivals was approximately 35,000 - 40,000 people,
with a direct economic impact to the City of $300,000.00, and presented
information on the details of each event. He explained that activities
are developed on a budget of $10,000.00 per year, however, it is
becoming more and more difficult to secure corporate sponsorships for
events and activities; therefor, he requested that Council review the
successes of the Special Events Committee and consider increasing
its budget for fiscal year 1999-2000. He stated that Roanoke is fast
becoming Virginia's "festival city" and with the proper support, special
events will continue to grow and to improve. He introduced other
members of the Special Events Committee who were in attendance in
support of the funding request.
Ms. Wyatt moved that the question of increasing the budget of
the Special Events Committee be referred to fiscal year 1999-2000
budget study. The motion was seconded by Mr. Swain and
unanimously adopted.
50
ACTION:
BONDS/BOND ISSUES-BUDGET -HOUSING/AUTHORITY-
JEFFERSON CENTER: William B. Hopkins, Sr., Attorney, representing
The Jefferson Center Foundation, Ltd., appeared before Council and
requested the City's approval of the issuance by the City of Roanoke
Redevelopment and Housing Authority of its revenue bonds, in a
principal amount not to exceed $4 million, to finance a portion of the
costs of renovating and equipping a 900 seat auditorium project in The
Jefferson Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34171-021Ei99) A RESOLUTION approving the issuance by the
City of Roanoke Redevelopment and Housing Authority of its revenue
bonds in a principal amount not to exceed $4,000,000.00 to finance a
portion of the costs of renovating and equipping a 900-seat auditorium
project in the Jefferson Center for the Jefferson Center Foundation, Ltd.
(For full text of Resolution, see Resolution Book No. Ei1, page 377.)
Mr. Trout moved the adoption of Resolution No. 34171-021Ei99.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ECONOMIC DEVELOPMENT: Elizabeth S. Doughty, Executive
Director, appeared before Council and presented the Annual Report of
the Roanoke Valley Economic Development Partnership. She advised
that overall, the Partnership filled 857 inquiries last year, or an increase
of 12 per cent over the previous year, 34 prospects visited the Roanoke
region which was the third highest total in the Partnership's 1Ei year
history and of those 34 prospects, two-thirds were generated by the
Partnership's efforts and one-third came to the Partnership through the
Virginia Economic Development Partnership. She stated that
international prospect activity accounted for 25 per cent of all
prospects which was a five per cent increase from the previous year,
23 of the 34 prospects who visited the Roanoke Valley also visited and
51
considered the City of Roanoke, total visit days were up ten per cent
over the previous year, and the Partnership assisted with six
expansions and relocations and helped to create approximately 250
direct new jobs. She advised that in 1999, the Partnership will begin its
1Eith year of promoting the region for jobs and investment and the City
of Roanoke has been its partner from its inception in 1983; and during
that time, the Partnership has helped to create Ei5 expansions and
locations and one-half million dollars in investment, with more than
1Ei,000 direct or indirect jobs that represent approximately $225 million
in annual payroll.
Without objection by Council, the Mayor advised that the remarks
of Ms. Doughty would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting the following appropriations, was before
Council.
$1,309,937.00 for addition and improvement costs at Hurt
Park Elementary School. Funding will be provided by a
Literary Fund loan in the amount of $1,250,000.00 and
1997 Capital Bond funds in the amount of $59,937.00.
$EiOO.OO for the 1999 Superintendents-Judges Liaison
Committee Grant to provide reimbursement to the division
for costs of the meeting of area School Superintendents
and Judges to discuss the issue of violence in the
schools. This new grant program is 100% state funded.
$7,300.00 for the 1998 Western Virginia Regional Science
Fair being hosted by Roanoke City Schools. Participating
school districts will contribute toward the cost of the fair
with a local match to Roanoke City Schools of $2,000.00.
This is a continuing program.
$23,738.00 for the Jobs for Virginia Graduates program to
serve at least 25 economically disadvantaged students,
providing classroom training and work experience to
assist the students to prepare for high school graduation
or to sit for the General Education Development (GED)
52
examination. This new program will be reimbursed by
Federal funds totaling $10,000.00 with a local match of
$13,738.00.
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Roanoke Academy will
provide an advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Lincoln Terrace will
provide an advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Fallon Park will provide an
advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34172-021 Ei99) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
ACTION:
53
(For full text of Ordinance, see Ordinance Book No. Ei1, page 380.)
Mr. Trout moved the adoption of Ordinance No. 34172-021Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowe rs -------------------------------------------------------------7.
NAYS: N()I1E!------------------------------------------------------------------------Cl.
BUDGET-CLERK OF COURTS-STATE COMPENSATION BOARD-
EQUIPMENT: A communication from the Honorable Arthur B. Crush, III,
Clerk of Circuit Court, requesting that Council authorize the City
Manager to accept Technology Trust Funds, in the amount of $9,575.00,
to provide for computer hardware and software upgrades, was before
Council.
It was advised that the Clerk of Circuit Court is responsible, by
statute, for the recordation of legal instruments; land and property
records must be maintained and available to the public; a copy of each
deed and land instrument, marriage license, judgment release and
financing statement is scanned and then microfilmed; the existing
system is not totally year 2000 compliant; and funding in the amount of
$9,515.00 is available from the Technology Trust Fund - Compensation
Board.
The Clerk of Circuit Court recommended that Council authorize
the City Manager to accept Technology Trust Funds, in the amount of
$9,515.00; and authorize the Director of Finance to establish a revenue
estimate in the General Fund, in the amount of $9,515.00 and
appropriate $9,515.00 to Account No. 001-028-2111-2010 (Clerk of
Circuit Court - Fees for Professional Services).
The City Manager submitted a written report concurring in the
recommendation of the Clerk of Circuit Court.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
54
ACTION:
ACTION:
(#34173-021 Ei99) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 383.)
Mr. Hudson moved the adoption of Ordinance No. 34173-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai n an d May 0 r Bowe rs-------------------------------------------------------------7.
NA)(S: N()flEt------------------------------------------------------------------------().
Mr. Hudson offered the following resolution:
(#34174-021Ei99) A RESOLUTION authorizing acceptance of a
Technology Trust Fund grant from the Commonwealth of Virginia
Compensation Board to be used in connection with upgrading certain
record keeping functions to provide for Year 2000 compliance in the
Office of Clerk of Circuit Court, and authorizing execution of any and all
necessary documents to comply with the terms and conditions of the
grant and applicable laws, regulations, and requirements pertaining
thereto.
(For full text of Resolution, see Resolution Book No. Ei1, page 384.)
Mr. Hudson moved the adoption of Resolution No. 34174-021 Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers-------------------------------------------------------------7.
NAYS: N()fle------------------------------------------------------------------------().
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
55
TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE
EQUIPMENT: The City Manager and the Director of Finance submitted
a joint written report advising that in January 199Ei, Congress passed
the Telecommunications Act of 199Ei and the Act was signed into law
by the President in February 199Ei; the new Act was designed to remove
regulatory barriers and encourage new business among all types of
communications companies; the Act preempts all state and local laws
that prohibit or have the effect of prohibiting a business from providing
telecommunication services; after passage of the Act, disputes arose
among localities, the Virginia Department of Transportation (VDOT),
and telecommunications carriers as to what charges or compensation
localities could impose on or require from telecommunications carriers
for the use of the rights-of-way within the localities or VDOT's rights-of-
way; in response to the controversy, the 1997 General Assembly
amended Virginia Code Sections 5Ei-458 and 5Ei-4Ei2 to require the
localities to maintain their charges as of February 1, 1997, until July 1,
1998; the purpose of the amendments was to allow the
telecommunications carriers and the localities to try and resolve the
controversy between the parties; and the 1998 General Assembly
addressed the issues of compensation or charges localities and VDOT
could impose on or require from telecommunications carriers for the
use of rights-of- way.
It was further advised that the legislation basically provides that
a locality or VDOT cannot charge a certificated provider of
telecommunications service for the use of the public rights-of-way
except in the manner prescribed in 15Ei-4Ei8.0, provided, however, that
any localities that have current existing franchises or ordinances can
continue with enforcement until they expire in lieu of receiving the use
fee; the amount of the use fee is to be calculated annually by VDOT and
shall not be less than $.50 per access line per month and may be
increased yearly; the use fee is collected by the telecommunications
local exchange carrier or carriers for each jurisdiction and remitted to
the locality on a quarterly basis within two months of the end of each
calendar quarter; localities, including the City of Roanoke, must now
decide whether to enact an ordinance adopting the public rights-of-way
use fee; if an ordinance imposing the new fee is not adopted, a locality
will not be able to collect from certificated telecommunications service
providers for their use for the rights-of-way within the locality since
new franchise fees can no longer be charged to these
telecommunications providers, however, if the use fee is not adopted,
current franchise fees can be collected until the franchise expires; and
56
whether a locality adopts the public rights-of-way use fee or not, the
telecommunications providers still need to obtain authority from the
locality to use the rights-of-way and the locality is entitled to manage
and control its rights-of-way in a nondiscriminatory manner.
It was explained that if the public rights-of-way use fee is
adopted by Council, it would take the place of franchise fees currently
in effect for Bell Atlantic, R & B Network, Inc., and the portion of Cox
Communication's business that is related to telecommunications, but
would not affect the cable television fee; the current estimate of fee
collections and credits under the current franchise ordinances and
agreements is approximately $72,000.00 per year; revenues that the
City would realize under the public rights-of-way use fee are estimated
to be at least $385,000.00 per year, and revenue for the first year would
be as follows:
Full Year
Loss of Franchise Fee
Sub-total
75%
(4th Quarter remitted within
2 months of closeout)
1 st year Rev.
$385,000.00
-72.000.00
$313,000.00
-78.250.00
$234,750.00
It was advised that if adopted by Council, the collection of the
public rights-of-way use fee would be effective July 1, 1999; under the
current statute, localities must notify the appropriate local exchange
carriers for their jurisdictions on or before March 15 preceding the
fiscal year in which they intend to impose the public rights-of-way use
fee, if adopted; thus, if the City of Roanoke wishes to adopt the public
rights-of-way use fee for the fiscal year starting July 1, 1999, it must do
so in sufficient time to allow the City Clerk to notify the appropriate
telecommunications providers before March 15, 1999; and regardless
of whether the City adopts the use fee, a final telecommunications
regulatory ordinance will need to be enacted by the City to address
issues dealing with the use of the City's rights-of-way by the
telecommunications providers that are now located in or will be coming
into the City.
The City Manager recommended that Council adopt a public
rights-of-way use fee as provided for by Virginia Code Section 56-468.1
for fees covered by that statute to be collected as of July 1, 1999, and
ACTION:
57
authorize the City Clerk to notify the affected certificated providers of
local exchange telephone service in the City of Roanoke before
March 15, 1999, that the City has adopted such fee and that they are
required to collect the fee pursuant to the statute and remit the fee to
the City in accordance with the statute and that all other obligations or
agreements among telecommunications providers and the City, except
as to fees covered by the rights-of-way use fee or other matters under
the statute, shall remain in full force and effect.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-BUDGET: The City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement Project is part of the renovation and expansion of
joint use sewer facilities considered by Council at its meeting on
December 13,1993; the Roanoke River Interceptor Sewer Replacement
Project replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; Contracts C, D, and E replace the
existing Roanoke River Interceptor from Wasena Park at Winchester
Street to the Salem City limit; and these contracts represent a total of
20,245 feet (3.8 miles) of sewer replacement.
It was further advised that the project has progressed well to
date and is approximately 40 per cent complete, with a scheduled
completion date of September 23, 1999; during excavation for the
proposed sewer near Bridge Street, household solid waste was
encountered; the total cost for sorting, 10ading,lIauling and disposal
of the waste is $135,558.Ei8; field conditions at the connection of the
Mudlick Creek sewer to the new interceptor sewer required increasing
the size of the proposed pipe from 12 inches to 30 inches, at a total
cost of $40,Ei17.00; it was necessary to add a manhole to the Peters
Creek connection to the new interceptor sewer, at a total cost of
$4,7Ei8.Ei1; it is necessary to revise the connection to the existing
interceptor sewer at the end of the project which includes a large
manhole structure, at a total cost of $70,000.00; and proposed Change
Order No.3 will provide for the items listed above, for a total change
order cost of $180,944.29.
58
ACTION:
It was noted that construction cost of the project (Contracts C,
D, and E) is estimated as follows:
Initial Contract
Change Order No. 1
Change Order No. 2
Proposed Change Order No. 3
$12,931,078.00
19,200.00
Ei3,420.00
250.944.29
$13,2Ei4,Ei42.29
Total
The proposed change order cost is apportioned between the
participating jurisdictions as follows:
City of Roanoke 3Ei.7%
City of Salem 33.7%
Roanoke County 29.Ei%
$ 92,09Ei.55
84,5Ei8.23
74.279.51
5250.944.29
Remaining project contingency after Change Order No. 3 is
$312,989.71; and 48 per cent of the project contingency remains after
Change Order No.3.
The City Manager recommended that he be authorized to execute
Change Order No.3, in a form to be approved by the City Attorney, with
Casper Colosimo & Sons, Inc., in the amount of $250,944.29 and zero
additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34175-021 Ei99) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 3 to the City's contract with Casper
Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts C, D, & E; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 385.)
Mr. Swain moved the adoption of Ordinance No. 34175-021 Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
59
AYES: Council Members Trout, White, Wyatt, Harris, Hudson and
S\ftfClil1-----------------------------------------------------------------------------------------Ei.
NAYS: ftftCl)r()r B()\ftfE!rs----------------------------------------------------------1.
POLICE DEPARTMENT -BUDGET -CITY JAIL- TRAFFIC-CITY
INFORMATION SYSTEMS: The City Manager submitted a written report
advising that in 1987, Council authorized implementation of the existing
Computer Aided Dispatch System (CAD); the original system vendor no
longer supports this system and it is not Year 2000 compliant, and the
system will cease functioning in October, 1999; the existing Police
Records Management System (RMS) was originally developed by City
staff approximately 20 years ago; the Mobile ComputinglWireless
Upgrade (KDTs) were placed in mobile public safety units to allow for
silent dispatch of units, motor vehicle and criminal history inquiries
from the field, and access to specific City databases such as personal
property and decal lookup; and these terminals are approaching
obsolescence and continue to experience downtime due to usage and
unavailable parts.
It was further advised that the Jail Management System (JMS)
was developed by City staff in 1989 and addressed four major
components of jail operations: administration;- jail security, inmate
services and court services; the existing system does not provide the
necessary functionality for an integrated efficient operation of the
facility in today's environment; the proposed Automated Public Safety
System is to be comprised of a Computer Aided Dispatch System
(CAD), a Police Records Management System (RMS), a Mobile
ComputinglWireless Upgrade and a Jail Management System (JMS);
and it is essential that all of the above systems be replaced with an
integrated Public Safety System to further enhance the efficiency and
effectiveness of all public safety services.
It was explained that the management consulting firm of Dorsey-
Pages, LLC was selected to assist in identifying the public safety needs
of the City, developing and preparing proposal specifications,
participating in proposal evaluations, and contract negotiations;
specifications for a Request for Proposal for software and professional
services were developed and provided to 4Ei firms requesting
consideration; 1Ei responses were received, all proposals were
evaluated in a consistent manner, discussions were held with the three
highest ranked offerers which were Printrak International, Inc., Tiburon,
60
Inc., and Vision Software, Inc.; after interviews were conducted,
demonstrations and site visits were completed and references were
verified, the firm of Printrak International, Inc., was determined to be the
vendor of choice to provide a totally integrated solution for all of the
City of Roanoke's Public Safety Systems; specifications for a Request
for Bids for the Computer Aided Dispatch Hardware for the Public
Safety System were sent to 23 providers; and one bid was received
from Printrak International, Inc., which meets all required specifications
for a total cost of $303,245.00.
It was advised that two Byrne Grants were applied for from the
Virginia Department of Criminal Justice Services (DCJS); both grants
have been approved under the Criminal Records Improvement/Incident
Based Reporting project providing for a contribution of $237,350.00 in
Federal funding toward the total cost of the project; a local cash match
of $93,000.00 is required for the two grants; Council previously
authorized the City Manager to accept the grants, pursuant to
Resolution No. 34032-100798 and Resolution No. 34033-100798; and
system implementation, if authorized by Council, will be conducted in
the following primary phases:
Phase I (Total Cost $2,88Ei,280.00) consists of software,
hardware, and professional services for the Computer
Aided Dispatch System, Police Records Management
System, Mobile ComputinglWireless System Upgrades (to
allow continued temporary use of existing KDTs until
replacement units can be acquired), and the Jail
Management System.
Phase II (Estimated Cost $1,000,000.00) consists of final
upgrades to the Mobile ComputinglWireless System and
purchase of laptop computers to replace KDTs in mobile
public safety units. A second Council report regarding
this project will be forthcoming in the next 12 months to
award a bid and appropriate funding. A recommended
funding scenario for this phase of the project will be
presented as part of the recommended budget for fiscal
year 1999-2000; in the interim, all alternative funding
sources will be pursued to reduce the local cost for this
project.
61
Recommended funding sources for Phase I of the Automated
Public Safety System are as follows:
City Information System Fund Project Accounts $1,082,990.00
($332,453.00 of this amount is from E911 taxes
accumulated over the past three fiscal years.
$300,000.00 of this amount was appropriated from
Jail Recovered Costs during fiscal year 1997-98
by City Council.)
City Information Systems Fund Retained Earnings 700,000.00
Fiscal year 1998-99 Capital Maintenance and 327,958.00
Equipment Replacement Program funding for
information technology
Jail-Recovered Costs for fiscal year 1998-99 250,000.00
Byrne Grants from Virginia Department of 237,350.00
Criminal Justice Services
Subtotal - fiscal year 1998-99 $2.598.298.00
General Fund Appropriation to City Information 193,357.00
Systems Fund for fiscal year 1999-2000
(This is a continuation of funding included in the
fiscal year 1998-99 General Fund budget for this
project, and does not require new funding.)
Jail-Recovered Costs for fiscal year 1999-2000 94,625.00
Subtotal - fiscal year 1999-2000 $ 287.982.00
Total $2.886.280.00
Phase I of the project will be implemented during fiscal years
1998-99 and 1999-2000, and the total cost of $2,88Ei,280.00 for Phase I
will be spread over the two fiscal years; $2,598,298.00 in funding is
needed at the present time to execute a contract with Printrak
International, Inc., for software and professional services, in the
amount of $2,017,172.00; accept the bid of Printrak International, Inc.,
for Computer Aided Dispatch Hardware, for a total cost of $303,245.00;
and provide for the purchase of other server, network and workstation
components totaling $277,881.00; necessary items will be purchased
at a later date and in accordance with the procurement section of the
Code of the City of Roanoke; and remaining funding required for Phase
I totaling $287,982.00 will be included in the recommended budget for
fiscal year 1999-2000.
62
The City Manager recommended that Council award a contract,
in a form to be approved by the City Attorney, to Printrak International,
Inc., to provide software and professional services, in the amount of
$2,017,172.00; accept the bid of Printrak International, Inc., for
Computer Aided Dispatch Hardware, at a cost of $303,245.00; and
authorize the City Manager to enter into a contract, in a form to be
approved by the City Attorney, with Printrak International, Inc., in the
total amount of $2,320,417.00, to provide software, hardware and
professional services.
The City Manager further recommended that the Director of
Finance be authorized to establish a new project account entitled,
"Automated Public Safety System" in the City Information Systems
Fund and appropriate or transfer $2,598,298.00 in funding from the
following sources to fund the contract for software and professional
services from Printrak International, Inc., ($2,017,172.00), for Computer
Aided Dispatch Hardware from Printrak International, Inc., ($303,245.00)
and provide for the purchase, at a later date, of the necessary server,
network and workstation hardware components ($277,881).
City Information Systems Fund Project Accounts $1,082,990.00
013-052-9801 $430,000.00
013-052-9804 310,537.00
013-052-9807 332,453.00
013-052-9817 10,000.00
City Information Systems Fund Retained Earnings 700,000.00
Capital Maintenance and Equipment Replacement
Program for fiscal year 1998-99 327,958.00
Jail-Recovered Costs (001-024-3310-8005) 250,000.00
Grants from the Commonwealth of Virginia
Department of Criminal Justice Services 237.350.00
Total $2.598.298.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#3417Ei-021 Ei99) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, City Information Systems and Grant
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 38Ei.)
ACTION:
ACTION:
63
Mr. Hudson moved the adoption of Ordinance No. 34176-021 Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Svvcail1 cal1ct ftftca)f()r B()wEtr!5-------------------------------------------------------------ir.
NAYS: N()I1Et------------------------------------------------------------------------0.
Mr. Hudson offered the following emergency ordinance:
(#34177-021699) AN ORDINANCE accepting the proposal of
Printrak International, Inc., for all software and professional services to
implement Phase I of the Automated Public Safety System, upon
certain terms and conditions; accepting the bid of Printrak
International, Inc., to provide computer aided dispatch hardware;
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such software, hardware and
services; rejecting all other proposals made to the City for the aforesaid
software and professional services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 388.)
Mr. Hudson moved the adoption of Ordinance No. 34177-021 Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowe rs -------------------------------------------------------------7.
NAYS: N()I1Et-------------------------------------------------------------___________().
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
written report advising that the Virginia General Assembly passed State
legislation in 1991, Section 18.2-249, Code of Virginia, which allows
local law enforcement to seize and have forfeited property connected
with illegal narcotics distribution; and the law also makes it possible for
police departments to receive proceeds from these forfeited properties.
It was further advised that the Police Department receives
additional funds periodicall)f from the State asset sharing program;
grant requirements include that these funds be placed in an interest
64
ACTION:
bearing account and that the interest earned be used in accordance
with program guidelines; Council action is required to accept additional
funds to be disbursed in accordance with provisions of the program;
revenues collected from June 15, 1998 through December 31, 1998, for
this grant are $147,253.00 and are recorded in Grant Account Nos. 035-
035-1234-7133 and 035-035-1234-7270; and funding received in excess
of estimated revenue, totaling $17,87Ei.00, needs to be appropriated at
this time.
The City Manager recommended that Council accept assets from
the Forfeited Asset Sharing Program and appropriate $10,000.00 to
Grant Fund Account Capital Outlay/Other Equipment (035-050-3302-
9015); appropriate $7,87Ei.00 to Grant Fund Account Expendable
Equipment (<$1000.00) (035-050-3302-2035); and increase the revenue
estimate in Account Nos. 035-035-1234-7133 for $14,EiEi2.00 and 035-
035-1234-7270 for $3,214.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34178-021 Ei99) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 390.)
Mr. White moved the adoption of Ordinance No. 34178-021Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
S\ftIClil1 ClI1c1 ftftCl)r()r B()\ftIer!S-------------------------------------------------------------jr.
NAYS: N()l1e------------------------------------------------------------------------().
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
written report advising that Congress amended 21 USC. Sec. 881 el-4,
October, 198Ei, which authorized the transfer of certain Federally
forfeited property to state and local law enforcement agencies that
participated in the investigation and seizure of the property.
ACTION:
65
It was further advised that the Police Department receives
additional funds periodically from the Federal Government's Asset
Sharing Program; grant requirements include that these funds be
placed in an interest bearing account and the interest earned must be
used in accordance with program guidelines; action by Council is
required to accept additional funds to be disbursed in accordance with
provisions of the program; and revenues totaling $72,487.00 have been
collected and are available for appropriation in Grant Fund Account
Nos. 035-035-1234-7184 and 035-035-1234-7247.
The City Manager recommended that Council accept assets from
the Federal Forfeited Property Sharing Program and appropriate
$72,487.00 to the Grant Fund Account for Investigations and Rewards
No. 035-050-3304-2150 and increase the Grant Fund Revenue Account
No. 035-035-1234-7184 by $Ei8,86Ei.00 and Grant Fund Revenue Account
No. 035-035-1234-7247 by $3,Ei21.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergen!cy budget ordinance:
(#34179-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 391.)
Mr. Harris moved the adoption of Ordinance No. 34179-021Ei99.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayo r Bowers -------------------------------------------------------------7.
NAYS: N()l1e-------------------------------------------------------_________________0.
BUDGET -FDETC: The City Manager submitted a written report
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Job Training Partnership Act
(JTPA) for the Fifth Planning District; the FDETC serves eligible
residents in the counties of Alleghany, Botetourt, Craig and Roanoke,
as well as the cities of Clifton Forge, Covington, Roanoke and Salem;
66
ACTION:
the agency serves two primary client populations which are dislocated
workers and the economically disadvantaged; and the City of Roanoke
is grant recipient for FDETC funding and Council must appropriate the
funding for all grants and other monies received by the Consortium.
It was further advised that the Governor's Employment and
Training Department issued a Notice of Award #99-03-0Ei for an
additional $150,000.00 to be used to assist dislocated workers with
retraining, relocation, and related supportive services; the Governor's
Employment and Training Department notified the Consortium of an
incentive award of $23,270.00 (Notice of Award 99-03-05); the
Consortium was awarded the incentive funds, which will be used for
administrative costs, for meeting and/or exceeding performance
standards issued by the Department of Labor; the Governor's
Employment and Training Department has issued Notice of Award #98-
03-17, for carry-in funds from the previous fiscal year: Title II-A
(Disadvantaged Adult) - $11,4Ei7.00, Title II-C (Disadvantaged Youth) -
$8,403.00, Title III (Dislocated Workers) - $1,390.00; Family Services of
Roanoke Valley has entered into an agreement with the Consortium, in
which the Consortium has agreed to provide job placement assistance
to approximately 100 referrals from Drug Court during the 12 month
period from November 1998 to October 1999; and Family Services of
Roanoke Valley will pay $19,795.00 to the Consortium for this service.
The City Manager recommended that Council appropriate funds
totaling $214,325.00, and increase the revenue estimate by $214,325.00,
in accounts to be established in the Consortium Fund by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34180-021Ei99) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 392.)
Mr. White moved the adoption of Ordinance No. 34180-021Ei99.
The motion was seconded by Mr. Harris and adopted by the following
vote:
67
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayo r Bowe rs-------------------------------------------------------------7.
NAYS: N()I1Et-------------------------------------~----------------------------------0.
TRAFFIC-SIGNALS AND ALARMS-EQUIPMENT -PROCUREMENT
CODE: The City Manager submitted a written report advising that the
Central Business District (CBD) traffic signal system coordinates the
operation of 44 signalized intersections in the downtown area; funding
in the amount of $1,350,000.00 was included in the 199Ei Bond
Referendum for plans and equipment needed to replace the existing
system which has been in operation for approximately 20 years; an
engineering services contract with Wilbur Smith Associates was
approved in an amount not to exceed $1Ei3,148.00 by Council on
January 21, 1997, for design services for the CBD traffic signal system
and plans are almost complete for bid by March, 1999; the Traffic
Engineering Division and the City's consultant, Wilbur Smith
Associates, considered alternative procurement methods and
determined that competitive negotiation for the procurement of other
than professional services is the best method for procuring a new
computerized traffic signal system; and under this method, proposers
are required to demonstrate experience in the implementation of traffic
signal systems, including construction, software development,
integration, system maintenance and related activities for systems
similar in size and scope to the City's project.
It was further advised that in order to use this procurement
method, Council is requested to make a determination that competitive
sealed bidding is not fiscally advantageous to the public, and that
Council adopt a resolution documenting the basis for this
determination; for the procurement of a new computerized traffic signal
system, competitive sealed bidding will not guarantee the selection of
a contractor who can provide a quality computerized signal system at
the best economic value for the City; and a bidder who meets the
minimum qualification requirements stated in the invitation for bids
could provide a computerized signal system that is more cumbersome
to operate and more difficult to maintain, resulting in less efficient
traffic operations, and higher than necessary costs to maintain the
system.
68
ACTION:
It was explained that competitive sealed bidding is not
practicable or fiscally advantageous to the City for the procurement of
a new computerized traffic signal system because the process does not
guarantee the selection of a contractor that can provide a quality signal
system at the best economic value for the City; competitive sealed
bidding requires the award of a contract to the lowest responsive
bidder who meets the minimum qualification requirements stated in the
invitation for bids, a sort of "pass-fail" determination; competitive
sealed bidding allows little flexibility in considering and ranking
proposers, based on the extent to which proposers' qualifications may
exceed those minimum requirements; and competitive sealed bidding
does not allow negotiation of price with proposers, thereby not
allowing the City to ensure that it is receiving the best economic value
in procuring a service.
The City Manager recommended that Council adopt a resolution
determining that the procurement method known as competitive sealed
bidding is not fiscally advantageous to the City for the procurement of
a new computerized traffic signal system, and documenting the basis
for this determination, thereby allowing the use of the procurement
method known as competitive negotiation for the procurement of a new
computerized traffic signal system.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34181-021Ei99) A RESOLUTION designating the procurement
method known as competitive negotiation, rather than the procurement
method known as competitive sealed bidding, to be used for soliciting
proposals for a new computerized traffic signal system for the central
business district of the City and documenting the basis for this
determination.
(For full text of Resolution, see Resolution Book No. Ei1, page 394.)
Mr. Harris moved the adoption of Resolution No. 34181-021Ei99.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
69
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
S\ftIail1 ilIl1c1 MilI)f()r B()\ftIEtr!;-------------------------------------------------------------7'.
NA"S: N()I1Et------------------------------------------------------------------------0.
CITY CLERK:
CITY CLERK-SCHOOLS: A report of the City Clerk advising that
on June 30, 1999, the three year terms of office of Charles W. Day and
Brian J. Wishneff as Trustees of the Roanoke City School Board will
expire; pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, Council must hold certain meetings and take
certain actions during the months of March, April and May to conform
with the selection process; whereupon, she requested the concurrence
of Council in establishing specific dates.
In view of the fact that a Member of Council had a conflict with
one of the proposed dates, without objection by Council, the Mayor
advised that action on the report would be deferred until the regular
meeting of Council on Monday, March 1, 1999, at 2:00 p.m.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ROANOKE CIVIC CENTER: Ordinance No. 341Ei5, extending the
Food/Beverage Concession Management Contract agreement between
the City of Roanoke and The Swanson Corporation for a period of two
months, with an option upon mutual agreement of the parties to extend
the contract month-to-month, up to an additional one year unless
terminated sooner by either party, pursuant to Section 4 of the contract,
having previously been before the Council for its first reading on
Monday, February 1, 1999, read and adopted on its first reading and laid
over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
70
ACTION:
(#341 Ei5-021 Ei99) AN ORDINANCE extending the Food/Beverage
Concession Management Contract agreement between the City of
Roanoke and The Swanson Corporation for a period of two months with
an option upon mutual agreement of the parties to extend the contract
month-to-month up to an additional one year unless terminated sooner
by either party pursuant to Section 4 of the contract.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 374.)
Mr. Harris moved the adoption of Ordinance No. 341Ei5-021Ei99.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa in and May 0 r Bowe rs -------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY MANAGER-COUNCIL: Mr. White moved that Council
approve the following procedure for selecting a new City Manager:
Meetings will be scheduled to receive the views of citizens
on the qualifications, skills and attributes that the next
City Manager should possess, which meetings will be
conducted by trained facilitators and the information
obtained from the meetings will be used in preparing a job
description for the recruitment and selection process.
Concurrently, three Members of Council will be assigned
the responsibility of meeting with appropriate City officials
to identify an executive search firm that would assist the
Council in the selection process. The three Members of
Council will forward the results of their research to the full
Council which will ultimately select the executive search
firm to be employed. The executive search firm will assist
Council in developing a schedule and sequence of events
to be followed in the selection process and these steps
will be reviewed and approved by Council at regular
intervals throughout the selection process.
71
The motion was seconded by Mr. Swain and unanimously
adopted.
Council Member Wyatt suggested that in addition to the public
input sessions, citizens should be encouraged to provide input via the
City's website and also advised of the opportunity to provide input
through information to be included on the City Page of The Roanoke
Times.
CITY CLERK-CITY ATTORNEY-COUNCIL: Mr. Trout moved that
Council adopt the following procedure for selecting a new City
Attorney:
The City Clerk was instructed to publish the appropriate
advertisement in those publications to be recommended
by the City Attorney requesting that applications be
received by the City Clerk's Office on or before 5:00 p.m.,
on Wednesday, March 31, 1999.
The public will be invited to offer comments regarding the
City Attorney selection process or concerning an
applicant for the position of City Attorney at regular
meetings of City Council to be held on Monday, March 1,
1999, at 2:00 p.m., and Monday, March 15, 1999, at
2:00 p.m. and 7:00 p.m., respectively.
The motion was seconded by Mr. Swain and unanimously
adopted.
REFUSE COLLECTION: Council Member Swain inquired as to
whether the City can legally issue a citation to those persons who
habitually violate guidelines for collection of household refuse
containers. The City Manager advised that the solid waste issue is
currently under study by the Municipal Auditor and the Audit
Committee.
Council Member Hudson inquired as to when new refuse
collection containers are scheduled for delivery; whereupon, the
Director of Public Works advised that he would respond to the
question.
72
ACTION:
LIBRARIES: Council Member Wyatt requested a report within 30
days in regard to installing computers in City libraries for use by
citizens.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council within 30 days.
COUNCIL-CABLE TELEVISION: There was discussion with regard
to taping the 12:15 p.m., Council briefings which are held in the City
Council Chamber; whereupon, it was the consensus of Council that the
12:15 p.m. briefings will be taped by RVTV Channel 3 and replayed
following the 2:00 p.m., and 7:00 p.m., Council meetings. (Vice-Mayor
Harris voted no.)
CELEBRATIONS-VIRGINIA TRANSPORTATION MUSEUM: Council
Member White commended Council Member Carroll E. Swain for his
contributions in connection with an activity which was held at the
Virginia Museum of Transportation on February Ei, 1999, "African
American Heritage on the Norfolk and Western Railway -1930-1970."
REFUSE COLLECTION: Council Member Wyatt inquired if brush
is deposited on an interim basis under Memorial Bridge; whereupon,
the Director of Public Works advised that he would research the
question and respond accordingly.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 5:25 p.m., the Mayor declared the meeting in recess.
At Ei:40 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
ACTION:
- ,. j .._'._'-"~'~""'"lK' .....,..-""'"'~
73
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
S\ftfClil1 ClI1c1 ftftCl)f()r B()wE!r!5-------------------------------------------------------------7'.
NAYS: N()I1E!------------------------------------------------------------------------Cl.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
resignation of Acree Hayes, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of S. Elaina Loritts.
There being no further nominations, Ms. Loritts was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
FOR MS. LORITTS: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers-------------------------------------------------7.
CITY ATTORNEY-CITY MANAGER-COUNCIL: The Mayor
announced that immediately following the 7:00 p.m., Council session,
Council would reconvene in Executive Session to discuss two
personnel matters, i.e.: consideration of the appointment of a particular
person as Acting City Manager and consideration of the appointment
of a particular person as Acting City Attorney, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
At Ei:45 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Tuesday, February 1 Ei, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding. ,
PRESENT: Council Members James O. Trout, William White, Sr.,
Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain
and Mayor David A. Bowers----------------------------------------------------------7.
ABSE:Nlr: N()I1E!-------------------------------------------------------____________0.
74
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-COMPLAINTS: Mr. Scott Johnson, who
identified himself as a gay man living in a monogamous relationship for
12 years and residing in the Wasena neighborhood, appeared before
Council in connection with police arrests in Wasena Park. He advised
that in response to two or three complaints per year, the Police
Department, in cooperation with the Commonwealth Attorney's Office,
carried out an undercover operation in Wasena Park last fall to find and
arrest gay men who were presumed by police to be soliciting other men
for sex. He stated that in many cases, these men were approached by
police officers who first brought up the subject of sex which makes
police action seem like entrapment; and this is the kind of action that
makes it uncomfortable for gay men to congregate which is something
that the rest of society takes for granted. He explained that this is not
the first time that gay men have been arrested in a City park and
according to police records, both gay and straight people were arrested
in many parts of the City for public sexual activity. He stated that these
men were not arrested for public sexual activity which is a
misdemeanor, but they were arrested for soliciting sexual activity, or
talking about sexual activity, which in the Commonwealth of Virginia is
a felony. He explained that oral sex between two consenting adults,
regardless of gender, relationship or location, is a felony in Virginia
which means that a straight married couple in the privacy of their own
bedroom is committing a felony if they have oral sex. He advised that
18 men were arrested for the felony of having a conversation about sex,
18 men had their lives forever altered because they were in the park on
those particular evenings, 18 men may have their careers ruined, or
lose the right to own a gun, or to hold public office or to vote, and 18
men may go to prison for simply having a conversation about sex. He
stated that he has observed straight people having sex in Wasena Park
,-.,".:.."",:0,,;*
75
and none have been arrested and only one straight person was
arrested in any part of the City for soliciting oral sex according to
official police records. He advised that he was not present to support
the right of anyone to engage in sex in public, but to support laws
against public sexual acts, and he was not present to protest the work
of the police department, but to support the police in their efforts to
protect lives. He stated, however, that he was present to protest the
selective enforcement of an outdated law that threatens, with
imprisonment, gay citizens for engaging in conversation, and the
Commonwealth of Virginia's law that makes private sexual conduct
between consenting adults a criminal act and until the law is repealed
by the legislature, it should not be enforced.
It was the consensus of Council that the matter would be referred
to the City Manager and the City Attorney for report to Council.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 16, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of John G.
McLeod and Kathryn L. McLeod, that a tract of land located at 2Ei19
Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3410307,
inclusive, be rezoned from RM-1, Residential Multifamily, Low Density
District, to C-1, Office District, subject to certain conditions proffered
by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 28,1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4,1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to use the existing commercial
building and surrounding grounds as a day care center, was before
Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the subject property
has been used as a day care center in the past; and rezoning the
76
ACTION:
property to C-1, with conditions, permits the property to be used only
as a day care center in compliance with the proffered development
plan.
..--,
(For full text, see report on file in the City Clerk's Office.)
J. Alexander Boone, Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34182) AN ORDINANCE to amend 13Ei.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 341, Sectional 197Ei Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. Ei1, page 399.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34182 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai n and May 0 r Bowers -------------------------------------------------------------7.
NA)(S: N()r1t!------------------------------------------------------------------------().
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April Ei, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 1Ei, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Lindymack
Corporation that a tract of land lying on the westerly side of Grandin
Road, S. W., located at 1711 Grandin Road, identified as Official Tax No.
1440607, be rezoned from RM-2, Residential Multifamily District,
Medium Density District, to C-1, Office District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
ACTION:
I ..;..J ~... .,,:_'~._.n. ..". ."~...,",._. ..~~._
77
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 28,1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4,1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to change the zoning
classification of one parcel, comprising 0.3Ei7 acre, more or less, into
a zoning classification that would permit the existing structure to be
used as corporate and administrative offices for Castle Sand of New
Castle, Virginia, a locally owned sand-mining company, was before
Council.
The City Planning Commission recommended that Council
approve the request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Laura M. Holbrook, Attorney, appeared before Council in support
of the request of her client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34183) AN ORDINANCE to amend 13Ei.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 144, Sectional 197Ei Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 400.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34183 was adopted, on its first reading, by the
following vote:
78
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and May 0 r Bowe rs-------------------------------------------------------------7.
NA"S: N()l1e------------------------------------------------------------------------().
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April Ei, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 1Ei, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of Lonza E. Kingery, Joseph M. Andrews and Mary A. Andrews, that an
alley located between the 900 blocks of Shenandoah Avenue and
Centre Avenue, N. W., be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 18, 1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
public right-of-way of this public alley has become a popular dumping
site and is currently littered along its west end with old appliances,
tires, and other miscellaneous junk; and the applicant wishes to clean
up the alley area behind the property (Official Tax No. 2112513), and
intends to use the land within the vacated alley area as an adjunct to
the property.
The City Planning Commission recommended that Council
approve the request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
William E. Callahan, Jr., Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34184) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke,
Virginia, as more particularly described hereinafter.
--
ACTION:
, .,. -,,'. ---'~"-".-'-""-- ---"
79
(For full text of Ordinance, see Ordinance Book No. Ei1, page 401.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34184 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowers -------------------------------------------------------------7.
NAYS: N()I1E!------------------------------------------------------------------------0.
AIRPORT-CITY PROPERTY -LEASES-WATER RESOURCES:
Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April Ei, 1981, the City Clerk having advertised a public hearing for
Tuesday, February 1Ei, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the proposal of the City of Roanoke to extend
the lease of a 2.0 acre parcel of land located at 1302 Municipal Road,
N. W., to The Hertz Corporation for a period of five years, the matter
was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, February 7, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
At the Council meeting on Monday, February 1, 1999, the Water
Resources Committee submitted a written report recommending the
appropriate lease agreement with The Hertz Corporation for a term of
five years, effective December 1, 1998 and ending November 30,2003,
at a total lease fee of $118,319.00 over the five year period, for said
corporations maintenance, servicing and storage facilities at 1302
Municipal Road, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
RO
(#34185) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and The Hertz
Corporation for use of a 2.0-acre parcel of City-owned land at 1302
Municipal Road, N. W., for said corporation's maintenance, servicing
and storage facilities, upon certain terms and conditions.
I
I
-
(For full text of Ordinance, see Ordinance Book No. Ei1, page 404.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34185 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers-------------------------------------------------------------7.
NAY!): N()r1Et------------------------------------------------------------------------().
OTHER HEARING OF CITIZENS:
PAY PLAN-CITY EMPLOYEES: Mr. Lylburn C. Ollie, 1522 Rorer
Avenue, S. W., a City employee, appeared before Council and reiterated
a previous request under date of January 19, 1999, that his five per cent
longevity step, which was included in a previous City pay plan, be
granted.
It was the consensus of Council that the remarks of Mr. Ollie
would be referred to the City Manager for report to Council.
POLICE DEPARTMENT-TAXES: Ms. Freeda Catheart, 251Ei
Sweetbriar Avenue, S. W., addressed Council in regard to increases in
her real property tax assessment, the City's real estate tax freeze
program, and some form of tax reduction which could be instituted by
the City as a goodwill gesture for those citizens who monitor activities
in their neighborhood. She spoke against the use of City taxpayers'
money to conduct sting operations by the Police Department in Wasena
Park, and requested that there be more consideration as to where the
City focuses its attention in the future.
At 7:35 p.m., the Mayor declared the meeting in recess.
ACTION:
ACTION:
'_1_________________...,__,,__ 1___ "I
81
At 9:05 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayo r Bowe rs-------------------------------------------------------------7.
NA)(S: N()I1E!------------------------------------------------------------------------Cl.
CITY MANAGER: Mr. Harris offered the following resolution
appointing James D. Ritchie as Acting City Manager for the City of
Roanoke, effective at the close of business on April 9, 1999, and setting
forth the terms and conditions of employment for Mr. Ritchie as Acting
City Manager:
(#3418Ei-021 Ei99) A RESOLUTION electing and appointing
James D. Ritchie as Acting City Manager for the City of Roanoke
effective at the close of business on April 9, 1999, and setting forth the
terms and conditions of employment for Mr. Ritchie as Acting City
Manager.
(For full text of Resolution, see Resolution Book No. Ei1, page 39Ei.)
Mr. Harris moved the adoption of Resolution No. 3418Ei-021Ei99.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowe rs -------------------------------------------------------------7.
NA)(S: N()I1E!-------------------------------------------------------_________________0.
R?
CITY ATTORNEY: Mr. Harris offered the following resolution
electing and appointing William X Parsons as Acting City Attorney for
the City of Roanoke, effective April 1 , 1999, and setting forth the terms
and conditions of employment of Mr. Parsons as Acting City Attorney:
-
!
,
I
-
(#34187-021 Ei99) A RESOLUTION electing and appointing
William X Parsons as Acting City Attorney for the City of Roanoke
effective April 1, 1999, and setting forth the terms and conditions of
employment for Mr. Parsons as Acting City Attorney.
(For full text of Resolution, see Resolution Book No. Ei1, page 397.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34187-021Ei99.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
S\ftIClil1 ClI1c1 ftftCl)f()r B()\ftIEtrs-------------------------------------------------------------ir.
NAYS: N()l1e------------------------------------------------------------------------().
There being no further business, the Mayor declared the meeting adjourned
at 9:15 p.m.
APPROVED
AT~ d fL
Mary F. Parker
City Clerk
::;tiQ02~
David A. Bowers
Mayor
83
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
March 1, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 1, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, W. Alvin
Hudson, Jr., James O. Trout, Carroll E. Swain and Mayor David A. Bowers---------Ei.
ABSENT: Council Member C. Nelson Harris----------------------------------------------1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
CITY EMPLOYEES-BUILDINGS/BUILDING DEPARTMENT: Ronald H. Miller
having retired on February 2Ei, 1999, as Building Commissioner of the City of
Roanoke, William F. Clark, Director, Public Works, introduced Ronald L. Smith,
Acting Building Commissioner, effective March 1, 1999.
ANNUAL REPORTS-RIVER PARKWAY/EXPLORE PARK: Roger F. Ellmore,
Executive Director, Virginia's Explore Park, presented the 1999 Annual Report of
Explore Park. He reviewed slides of various Explore Park attractions and activities
and advised that Explore Park continues to develop into a top rated educational
facility and anchor attraction for western Virginia. He stated that during the 1998
season, Explore Park served 15,133 school children from 22 school districts who
continue to enjoy the Park's Standards of Learning-compliant history and natural
science education programs, which is an overall increase of 24 per cent over 1997.
He advised that paid attendance is up 38 per cent or 49,313 and total visitation at
year end topped 90,000. He reviewed the progress, needs and future plans of
Explore Park.
(See annual report on file in the City Clerk's Office).
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
84
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Manager introduced
a briefing on the City of Roanoke Employee Development Program. He advised
Council Member Swain expressed a desire for the City to consider some type of on-
the-job training program; therefor, staff of the Personnel Management Department
and the Fifth District Employment and Training Consortium reviewed current efforts
and determined that a new approach is needed for a number of reasons; i.e.:
unemployment is at a record low and it is difficult to find qualified applicants to
perform many jobs that require specific skills, the City may lose many long time
employees to retirement over the new few years and current employees must be
prepared to move up to higher levels, jobs are changing with particular emphasis
on performance, and future jobs will require employees to have improved
technological and human relations skills. Therefore, he stated that the Employee
Development Program is intended to bridge the gap between employees who want
to commit the time and effort to participate in training programs.
Celia L. Denning, City of Roanoke Training Coordinator, reviewed the
proposed Employee Development Program which has the potential to significantly
impact the quality of service provided by the City work force and help prepare the
organization to meet future employment needs. She advised that the Employment
Development Program is an important mechanism to help address the effectiveness
of City Government and to move the City forward in becoming a model for work
place and life long learning. She explained that key components of the Employee
Development Program are career and educational planning, job training, various
apprenticeship activities and on-the-job training, mentoring for job growth and
career development and profiling of City employee needs for the future. She advised
that an Employee Development Program is needed to enable the City to better meet
the needs of individual City employees for job training and career development and
the program will allow the City to improve its ability to meet changing needs and to
provide services in an effective manner. She stated that as the City actively explores
methods to improve services, many work processes and jobs will change, and as
jobs change, the skills that employees will need in order to be proficient will also
change.
In order to provide for an Employee Development Program, Ms. Denning
suggested bringing together, in partnership, the skills of the Department of
Personnel Management and the Fifth District Employment and Training Consortium,
and with the assistance of a qualified consultant in the design and pilot phase, it is
envisioned that the program will continue to operate as a collaborative venture
between Personnel Management and the Fifth District Employment and Training
Consortium.
85
Vickie L Price, Executive Director, Fifth District Employment and Training
Consortium, explained how the Employee Development Program is proposed to
operate. She advised that if a City department determined that it might be more
beneficial to redesign its work in order to provide service more cost effectively and
efficiently, the program would allow for a work keys profiler to assist staff in
conducting a job analysis which would include a review of current department
responsibilities and how work is currently being performed, followed by a review of
what needs to take place, the result of which would be the identification of skills and
competencies that are required to achieve high performance under the new design.
She added that the second aspect would be an update of job descriptions so that the
new skills, abilities and knowledge levels are specifically outlined; employees would
then be evaluated for their skills levels in comparison to the new work design, with
customized job training to upgrade skills and to meet new needs. She explained that
for the long time employee of the City who would like to continue working for the
City and is interested in exploring other career options, the Employee Development
Program would provide career counseling, administer a skills assessment to identify
strengths, and assist the employee in developing new career goals which would
include education and a training plan. She stated that the employee would also
engage in job shadowing in their field of interest, there would be an opportunity for
the employee to participate in the City's internal training program and they would
also receive advice and assistance in enrolling in external programs such as
courses at Virginia Western Community College or another training institution.
In regard to implementation of the Employee Development Program,
Ms. Denning advised that it would be necessary to hire a qualified consultant to
serve for a pilot period of time as a career development coordinator. She explained
that the consultant would be responsible for custom designing the City's program,
specifically bringing together the resources that already exist within City
government, market the program to all City employees, recruit, train and assign
persons who are successful in several career areas throughout the City
Government, administer the program application process, serve as liaison with
participants and their supervisors regarding job scheduling issues, provide career
planning and counseling, make referrals to City sponsored and/or other external
training programs in the Roanoke Valley, and assist in establishing specific program
objectives and evaluation outcomes. She advised that to hire a consultant to design
and implement the program for a pilot period of one year would cost approximately
$30,000.00, with operational costs in the range of approximately $7,000.00, for a total
pilot program cost of $37,000.00, and the program has been submitted as a 1999-
2000 supplemental budget item request. She explained that benefits would be a
better trained and more flexible workforce, improved employee morale and
productivity, better allocation of human resources to achieve City goals and to
insure continuous improvement and more responsive and efficient services to
citizens of the City.
86
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
BILLINGS AND COLLECTIONS: Dana B. Long, Manager, Billings and
Collections, presented a briefing on the City of Roanoke Utility Billing System. She
explained that the current utility billing system was purchased in 1984 and will not
handle Year 2000 collections; a Utility Information System Team was appointed to
develop system specifications and to re-engineer processes; in March 1998,
purchase of the HTE, Inc., system was approved by Council and work began to
implement the new billing system; and new meter reading hand held devices were
purchased in 1998. She explained that the benefits of the new system are the ability
to generate water/sewer bills in January 2000, to provide better customer service
and information, to streamline work processes and eliminate steps (work orders,
new customer sign up, elimination of paper contracts and preparing bills for
mailing), automatic manual processes, provide flexibility, and provide a work order
system for future use with other departments. She stated that data conversion was
completed in March 1999, staff training phases were held in March, April, May and
July 1999, system testing and parallel operation took place in April- June, 1999, the
work order system was operational in early June 1999, and the billing system will be
operational in the early summer of 1999. She explained that staff is currently in the
process of converting data from the old system to the new system, staff training,
designing customer information brochures, interfacing cash registers to the
mainframe, instituting electronic bank drafts, finalizing water bill design, and
interfacing with Credit Bureau reporting and system testing. She advised that the
new bill form and envelop will be on an 8% x 11 paper printed on both sides, which
will also serve as a customer information tool and provide broadcast and specific
messages, and a new "Send-N-Return" envelop will provide a return envelop for
ease of billing payment. She stated that the new system will be introduced to the
citizens of Roanoke through City Page articles in The Roanoke Times, RVTV Channel
3 messages, news media coverage, a segment on the City Show, brochures, a
customer information booklet, neighborhood meetings, and information which will
be distributed on Citizens Appreciation Day at Valley View Mall.
Within one year of installation and operation of the new utility billing system,
Mr. White requested that City staff discuss the feasibility of the City providing billing
services, at a fee, for local private utility companies.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
87
PARKS AND RECREATION: The City Manager advised that the 1997 bond
referendum included funds for parks, particularly Mill Mountain Park; whereupon,
he called upon John W. Coates, Manager, Parks and Recreation, for a progress
report on Mill Mountain Park improvements.
Mr. Coates advised that the 1997 bond referendum allocated approximately
$4 million for park improvements, of which $500,000.00 was designated for
improvements to Mill Mountain Park. He stated that in 1998, Hill Studio was
employed as the design consultant to prepare construction documents for the
project, the Mill Mountain Advisory Committee has been actively involved in the
design phase, and a public workshop was conducted to receive public input.
David R. Hill, representing Hill Studio, narrated a visual presentation on the
status of construction documents.
Mr. Hill advised that during the last six months, he has worked with the Mill
Mountain Advisory Committee, Parks and Recreation staff and citizens in preparing
the community improvement documents for Mill Mountain Park. He explained that
improvements are to include a new visitor orientation center for the top of Mill
Mountain, a new picnic shelter for group picnics and a playground, a concert lawn
which will be irrigated and stabilized to handle large concerts on the mountain, and
provisions for a better entranceway into the zoo with the potential for the Mill
Mountain sculpture garden to be located adjacent to the welcome center. He
advised that the main purpose of the welcome center will be interpretative and for
orientation purposes; the park manager's office will be located in the welcome
center along with a lounge that can be transformed into a meeting room, and
restroom facilities; and a Roanoke Valley information desk which is intended to steer
visitors to the Roanoke Valley. He presented a rendering of the welcome center
which is designed to complement nearby Blue Ridge Parkway structures, and
advised that the welcome center will be located between the roadway leading to the
star and the walkway to the zoo.
In regard to the picnic structure, Mr. Hill advised that there has been much
public demand for a large seating capacity picnic shelter which is proposed to be
sited in an area near the star that requires minimal grading, while harmonizing with
local Blue Ridge parkway structures. He stated that the goal is to provide a
playground to accommodate children of all abilities, using dark brown colors to
blend in with the surroundings.
Barry L. Thomas, Vice-Chair, Mill Mountain Advisory Committee, advised that
improvements to Mill Mountain Park began approximately two years ago when the
Committee developed its vision statement and long range planning activities. He
88
further advised that construction documents include a number of specific uses and
steps that will enhance the use of the mountaintop by a wide variety of citizens by
using the picnic shelter and playground, and provide the ability to promote more
concerts, the proposed new facilities will further the ability of Mill Mountain to
continue to be the crown jewel of Roanoke's park system and to retain its role as the
showcase and symbol for Roanoke and the surrounding region. He explained that
the new information and visitors center will provide important linkages and assist
in promoting education and information not only about Mill Mountain and its history,
but also the greenway system, the Blue Ridge Parkway System, Explore Park, and
the many attributes and opportunities that are available within the City of Roanoke
and the Roanoke Valley. He stated that the construction documents presented to
Council are consistent with and embody a goal of sound stewardship of Mill
Mountain and incorporate a balance between preservation of the mountain's natural
beauty and its gift to all citizens of the Roanoke Valley. He advised that the proposal
was developed with significant public input from many segments of City government
and requested that construction documents be approved by Council.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
HOUSING/AUTHORITY: The City Manager advised that in 1997, a meeting was
held with community leaders from approximately 20 organizations regarding the
continuation of Roanoke's oldest neighborhoods, and the group came to the
conclusion that older neighborhoods are critically important to the Roanoke
community, and all parts of the City must contribute to the renewal process. He
advised that it was the consensus of the committee to undertake a process to
identify and pursue strategies that would enhance the quality and health of
Roanoke's oldest neighborhoods and this process became known as Roanoke
Renaissance. He stated that through most of 1998, Roanoke Renaissance reviewed
and evaluated existing studies and plans and compiled a set of strategies that the
community as a whole could implement to begin the work process of revitalization.
He advised that in November 1998, Roanoke Renaissance released its first written
report and those neighborhoods which are the focus of Roanoke Renaissance have
critical implications for City government. Accordingly, he stated that the goal of the
briefing is to provide Council with an update on the process and its relationship to
City operations. He introduced H. Daniel Pollock, Jr., Housing Development
Coordinator, for a more detailed summary of Roanoke Renaissance.
Mr. Pollock reviewed certain basic principles that the stakeholders in Roanoke
Renaissance agreed to early in the process; i.e.: the identified process and
strategies needed to be comprehensive rather than focus on one element of
neighborhoods; and stakeholders were cognizant of the number of plans and
89
studies that have been prepared over the years and determined that the work did not
have to start from the beginning. He explained that the two most important
principles that the group decided to follow was that strategies needed to be realistic
and action oriented and there needed to be a strong commitment to follow through
on implementations and not allow the end of the process to be the product of a plan;
and responsibility for not only developing the strategy but also implementation
would be shared by the community and not rest solely on the shoulders of City
government.
Mr. Pollock advised that the coordinating committee divided its work into
eight functioning areas; i.e.: education, community development and infrastructure,
economic development, housing, social and human development, public safety and
crime prevention, transportation, and leadership development. He stated that each
work group reviewed the recommendations of previous plans and tried to identify
those plans that were most important in addressing, on the short term, their area of
study. He reviewed examples of work products by agencies other than the City to
pursue those strategies; i.e.: the school system is implementing most of the
education strategies for preschool and school age children, several neighborhood
organizations are pursuing action strategies to address conditions in their
neighborhood, the Roanoke Redevelopment and Housing Authority is providing
office space in some of the housing developments for the use of COPE officers, the
Commonwealth Attorney's Office is increasing its emphasis on pursuing violations
of building and property maintenance codes, the Blue Ridge Housing Development
Corporation, Habitat for Humanity in the Roanoke Valley, and the Loudon/Melrose
Neighborhood Organization is about to begin construction on approximately 32 infill
houses in the northwest area of the City, and the Council of Community Services,
in conjunction with Carilion Health Services and other organizations, is coordinating
development of a neighborhood resource center in the Hurt Park area. With regard
to City government, he stated that some of the projects that have grown out of the
Roanoke Renaissance strategy include: two additional planning positions which
have been approved and funded to develop neighborhood plans, the Roanoke
Neighborhood Partnership is about to complete a brochure of the property
maintenance code and other maintenance code violations and enforcement
procedures for public use, the Housing Development Office is preparing a catalogue
of vacant houses for sale in an attempt to get vacant and under utilized houses back
into reuse, funding has been provided for the Small Business Development Center
to add two business analysts, funding has been provided for additional positions in
the Police Department for crime prevention officers, and assistance has been
requested from the General Assembly to address housing abandonment and the
reuse of vacant lots in inner City neighborhoods and new construction.
90
Mr. Pollock stated that future projects of Roanoke Renaissance include:
information for a second progress report will be collected over the coming months
and will be published in the summer of 1999, working groups will continue to
develop longer term strategies to be pursued over a five year period, additional
partners will be solicited from the community particularly from the business
community, and exploration of the potential of forming a funding pool to fund
proposals and actions that pursue the Roanoke Renaissance theme of revitalizing
and strengthening Roanoke City neighborhoods. He advised that the Roanoke
Regional Chamber of Commerce and the Roanoke Valley Board of Realtors have
endorsed the strategies of Roanoke Renaissance, and action by Council will be
requested in the future to address specific strategies.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1 :50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, March 1, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A.
B()'^'ers----------------------------------------------------------------------------------------------------------7'.
AE5SE:N1r: N()l1e-------------------------------------------------------------------------------------Cl.
(The Mayor left the meeting following adoption of the Consent Agenda.)
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Robert W. Hoel,
Member, Christian Science Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTION:
91
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 1Ei, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
applications for the position of City Attorney, which applications will
be received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31, 1999.
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
92
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout a nd Mayo r Bowers-------------------------------------------------------------7.
NA)(S: N()I1Et------------------------------------------------------------------------().
POLICE DEPARTMENT-PAY PLAN-CITY EMPLOYEES: A joint
report of the City Manager and the City Attorney advising that at the
Council meeting on January 19, 1999, Officer Lylburn C. Ollie, a
member of the Police Department, appeared before City Council and
requested that he bEt accorded a five per cent longevity step which was
included in a previous City Pay Plan, was before the body.
It was advised that at thEt Council meeting on April 15, 1985,
Cresap, McCormick and Paget, a consultant retained by Council,
recommended a new Pay and Classification Plan for the City; at the
same meeting, the City Manager in explaining implementation of the
new Pay Plan, recommended that 15 year employees in the L step have
their length of service recognized by an additional 2.5 per cent;
pursuant to Ordinance No. 27570 adopted on May 13, 1985, Council
established a new Pay Plan which included longevity pay increases of
five per cent which would " ... be accorded classified officers and
employees during Fiscal Year 1985-198Ei"; (Emphasis added); and it
was further provided that such longevity increases would become a
part of the base annual salary of each officer or employee entitled to a
longevity increase during fiscal year 1985-8Ei.
It was explained that by report dated December 1Ei, 1985, the City
Manager advised Council that pay inequities had been created by
awarding longevity step pay increases during 1985-8Ei; he further noted
that inequities of a similar nature would occur any time longevity
increases are granted in future fiscal years; Council next adopted a Pay
Plan pursuant to Ordinance No. 28133 adopted on May 12, 198Ei,
effective July 1, 198Ei, which ordinance made no provision for longevity
pay; specifically, the L step was eliminated from the Pay Plan, and
Ordinance No. 28133 repealed Ordinance No. 27570 which was adopted
on May 12, 1985, and included longevity pay to the extent of any
inconsistency.
It was advised that since Officer Ollie was first employed by the
City on May 22, 1972, the 15th anniversary of his City service was
May 22, 1987; one year prior to Officer Ollie's 15th anniversary,
however, Council repealed the longevity pay step; notwithstanding this
ACTION:
93
fact, Officer Ollie contends that he and all other persons in the employ
of the City at the time the longevity step was repealed should be
entitled to longevity pay from the date of their 15th anniversaries;
Officer Ollie apparently bases this conclusion on the theory that he and
other such employees are "grandfathered"; and based on this
perceived "grandfathered" status, Officer Ollie contends that he should
be accorded longevity pay from the 15th anniversary of his initial City
service (May 22, 1987) to the present time.
The City Manager and the City Attorney advised that unless
retroactivity is specially provided for, Council acts prospectively only
as to compensation and benefits of employees; as to employees of the
City who on July 1, 198Ei (the effective date of Ordinance No. 28133
which repealed longevity pay), had qualified for longevity pay, each
such employee retained the longevity increase which was built into his
or her base pay; with the adoption of Ordinance No. 28133, on and after
July 1, 198Ei, no additional employees were permitted to qualify for
longevity pay; and thus, on the 15th anniversary of Officer Ollie's City
service, there was no longer any authority for longevity pay, and Officer
Ollie could not qualify for the longevity pay to which he aspired.
It was noted that as to "grandfathered" rights, such rights exist
only by the grace of the legislative body that prospectively amends or
impairs some existing right, privilege or benefit; absent explicit
legislative action, there is no "grandfathered" status, and the Council
that repealed longevity pay in 198Ei provided no safe harbor or other
mitigation for those employees of the City on July 1, 198Ei, who would
never qualify for longevity pay.
The City Manager and the City Attorney advised that although
Officer Ollie is a trusted member of the Police Department, he has not
been denied any benefit or right to which he is entitled.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut and Mayo r Bowers -------------------------------------------------------------7.
NAYS: N()l1e-------------------------------------------------_______________________0.
94
ACTION:
ZONING-PENS IONS-ROANOKE NEIGHBORHOOD
PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
Robert R. Copty as a member of the Board of Zoning
Appeals for a term ending December 31, 2001;
David C. Key as a member of the Board of Trustees, City
of Roanoke Pension Plan, for a term ending June 30, 2002;
and
Barbara N. Duerk for a term ending November 30, 1999,
and Allen T. Wilson for a term ending November 30, 2001,
as members of the Roanoke Neighborhood Partnership
Steering Committee.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers-------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
The Mayor left the meeting at 2:10 p.m., and the Vice-Mayor
presided over the remainder of the meeting.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXICABS AND FOR-HIRE VEHICLES-COMPLAINTS: Jeff Artis,
representing the Southern Christian Leadership Conference, having
requested time on the agenda to discuss consideration by Council of
an ordinance prohibiting providers of public transportation from
knowingly transporting persons who are engaged in illegal drug trade,
the City Clerk advised that Mr. Artis would like to defer the matter
indefinitely.
ACTION:
95
Without objection by Council, the Vice-Mayor advised that the
matter would be deferred indefinitely.
PARKS AND RECREATION-DISABLED PERSONS-GREENWAY
SYSTEM: Christine A. Montgomery, Ei22-A Walnut Avenue, S. W.,
President, Mayor's Committee for Persons With Disabilities, appeared
before Council in connection with the closing of Wiley Drive through
Wasena Park. She advised that the Mayors' Committee for Persons
With Disabilities meets quarterly and the Committee is of the opinion
that a representative of the Department of Parks and Recreation should
attend its meetings, specifically when matters are pending and/or
ongoing that impact Roanoke's disabled community. She stated that
plans and studies regarding Carvins Cove should be reviewed at a
quarterly meeting of the Mayors' Committee because it is difficult for
disabled persons to attend meetings at various locations throughout
the City due to lack of transportation or difficulty in finding appropriate
parking facilities.
As a private citizen, Ms. Montgomery expressed concern that the
closing of Wiley Drive through Wasena Park would make it impossible
for her to access the park without assistance; the recreational trail
being "piggy backed" to the sewer project is a shrewd way of getting
the trail constructed; and calling the recreational trail through Smith
Park a greenway is misleading because the trail cuts through the grass
and replaces a large portion of the natural green of the park with
blacktop. She stated that without Wiley Drive and the approximately
200 parking spaces throughout that portion of Wiley Drive going
through Wasena Park, accommodations will be limited to a few joggers
and a small number of families living within walking distance. She
advised that the sewer project does not require the closing of Wiley
Drive, the flood control project mayor may not require the closing of
Wiley Drive, and flood control decisions will be made in the future,
however, these are three separate projects and one does not depend
upon the other.
(See statement on file in the City Clerk's Office.)..
The City Manager advised that no final decisions have been
made and assured Ms. Montgomery that her input and input by
representatives of the Mayor's Committee for Persons With Disabilities
would be invited.
96
ACTION:
ACTION:
Without objection by Council, the Mayor advised that the remarks
of Ms. Montgomery would be referred to the City Manager.
CITY TREASURER-TAXES: The Honorable David C. Anderson,
City Treasurer, presented a briefing with regard to a new personal
property tax bill and envelopes to be used by the Treasurer's Office for
1999 Personal Property Tax billing.
(For full text, see sample bill and envelope on file in the City Clerk's
Office.)
Without objection by Council, the Mayor advised that the remarks
of Mr. Anderson would be received and filed.
PETITIONS AND COMMUNICATIONS:
ROANOKE VALLEY RESOURCE AUTHORITY: A communication
from Allan C. Robinson, Jr., Chair, Roanoke Valley Resource Authority,
requesting approval of the Third Amendment to the Roanoke Valley
Resource Authority Members Use Agreement, which provides for
establishment and operation of the regional landfill facilities, was
before Council.
A report ofthe City Manager recommending that Council approve
the request which will require member jurisdictions to deliver all
acceptable waste to the regional landfill in order to facilitate refunding
of $20,000,000.00 of the 1992 bonds in order to realize a savings of
$100,000.00 in annual debt payments.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#34191-030199) A RESOLUTION authorizing the Third
Amendment to the Roanoke Valley Resource Authority Members Use
Agreement.
(For full text of Resolution, see Resolution Book No. Ei1, page 408.)
Mr. White moved the adoption of Resolution No. 34191-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
97
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Ha rris-------------------------------------------------------------------------Ei.
NAYS: N()I1Et------------------------------------------------------------------------().
(Mayor Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BONDS/BOND ISSUES-BUDGET -JUVENILE CORRECTIONAL
FACILlTIES-JEFFERSON CENTER: The City Manager submitted a
written report advising that in 1993, the Jefferson Center Foundation,
Ltd., renovated a major portion of Jefferson High School; in June 1995,
Fitzpatrick Hall was renovated, and to complete the restoration of the
Jefferson Center, the Jefferson Center Foundation, Ltd., will renovate
the Jefferson Center Performance Hall; in fiscal year 199Ei-97, the
Jefferson Center Foundation, Ltd., requested that $2 million be
provided by the City based on a preliminary cost estimate of $5 million
for the renovation project; and using a cost-sharing ratio of 40 per cent
City funding and EiO per cent private funding, the Jefferson Center
Foundation, Ltd., agreed to raise $3 million in private contributions.
It was further advised that as part of the 1998-2002 Capital
Improvement Plan, General Obligation Bond funding, in the amount of
$1.Ei million and undesignated capital funds (interest earnings) of
$400,000.00, were dedicated by Council to the Jefferson Center
Foundation, Ltd., for the Jefferson Center Performance Hall; due to
higher than anticipated costs, the Jefferson Center Foundation, Ltd.,
revised the cost estimate for completion of renovation of the
Performance Hall from $5 million to $7 million; on November 2, 1998,
the Jefferson Center Foundation, Ltd., made a request to Council for
additional funds to be used for renovation of the Performance Hall; on
November 1Ei, 1998, Council authorized the City to enter into an
agreement with the Jefferson Center Foundation, Ltd., to provide the
initial $400,000.00 toward renovation of the Jefferson Performance Hall
pursuant to Ordinance No. 34084-111699; on November 16, 1998,
98
Council agreed to consider providing an additional $800,000.00 in
funding based on a cost sharing formula of EiO per cent Jefferson
Center Foundation, Ltd., and 40 per cent City, for a maximum City total
contribution of $2.8 million, and asked the City Administration to
identify a funding source by January 19, 1999; on December 3,1998,
the City entered into an agreement with the Jefferson Center
Foundation, Ltd., to provide the initial $2 million dollars toward
renovation of the Jefferson Center Performance Hall; and on
January 19, 1999, the City's 1999 - 2003 Capital Improvement Plan was
updated and approved by Council, which identified $800,000.00 in
funding for the project available in the series 1994 general obligation
bonds.
It was explained that the City needs to appropriate the additional
$800,000.00 in order to complete the financing arrangement for the $7
million project; $800,000.00 is available from bond funds originally
targeted for expansion of the Juvenile Detention Home; the expansion
project will now be funded and administered by the Roanoke Valley
Detention Commission; and an amendment to the current agreement
between the City and the Jefferson Center Foundation, Ltd., is required
in order for the Jefferson Center Foundation, Ltd., to receive the
additional funds and begin the project.
The City Manager recommended that Council authorize the
reallocation of $800,000.00 of the proceeds of sale of Series 1994
Bonds from the Juvenile Detention Home to the Jefferson Center; that
the City Manager be authorized to execute an amendment to the
agreement with the Jefferson Center Foundation, Ltd., in a form to be
approved by the City Attorney, to provide the Jefferson Center
Foundation, Ltd., with an additional $800,000.00 for renovation of the
Jefferson Center Performance Hall; and authorize transfer of funds, in
the amount of $800,000.00, from Account No. 008-052-9Ei8Ei-9001 to the
Jefferson Center Performance Hall, Account No. 008-052-9720.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34188-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
ACTION:
ACTION:
99
(For full text of Ordinance, see Ordinance Book No. 61, page 404.)
Mr. Trout moved the adoption of Ordinance No. 34188-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayo r Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
Mr. Trout offered the following resolution:
(#34189-030199) A RESOLUTION of the City Council of the City
of Roanoke, Virginia, reallocating $800,000.00 of the proceeds of its
General Obligation Public Improvement Bonds, Series 1994, from its
Juvenile Detention Home to the Jefferson Center.
(For full text of Resolution, see Resolution Book No. 61, page 405.)
Mr. Trout moved the adoption of Resolution No. 34189-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-May 0 r Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
Mr. Trout offered the following resolution:
(#34190-030199) A RESOLUTION authorizing an amendment to
the Agreement between the City and the Jefferson Center Foundation,
Ltd., dated December 3, 1998, such Amendment providing for the City's
payment of $2.8 million, $400,000.00 of which has already been paid to
the Jefferson Center Foundation, Ltd., for the Performance Hall project,
upon certain terms and conditions.
100
ACTION:
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 407.)
Mr. Trout moved the adoption of Resolution No. 34190-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
PARKS AND RECREATION-EQUIPMENT: The City Manager
submitted a written report advising that the current year Capital
Maintenance and Equipment Replacement Program has identified the
need to replace three dump trucks in the Parks and Grounds
Department; whereupon, the City Manager recommended that Council
authorize purchase of the following:
Three new ten Ton Dump Truck Cab/Chassis from Magic
City Motor Corp. for a total cost of $146,226.00.
Three new ten Ton Dump Bodies to be mounted on above
Cab/Chassis from Roanoke Welding, Inc., for a total cost
of $23,700.00.
Reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34192-030199) A RESOLUTION accepting bids made to the City
for furnishing and delivering dump trucks, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 409.)
Mr. Trout moved the adoption of Resolution No. 34192-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
101
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-Mayor Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------______0.
(Mayor Bowers was absent.)
POLICE DEPARTMENT -BUILDINGS/BUILDING DEPARTMENT-
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written
report advising that the Current Year Capital Maintenance and
Equipment Replacement Program has identified the need to replace
certain automobiles in the Public Works, Building Inspections and
Police Departments; whereupon, the City Manager recommended that
Council authorize purchase of the following:
One new full size four-door automobile for Police Services
to Magic City Motor Corp., for a total cost of $19,703.35.
Eighteen new full size four-door marked Police
automobiles from Magic City Motor Corp. for a total cost
of $368,967.60.
Reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34193-030199) A RESOLUTION accepting bids made to the City
for furnishing and delivering motor vehicles, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 410.)
Mr. Trout moved the adoption of Resolution No. 34193-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-May or Ha rris -------------------------------------------------------------------------6.
NAYS: None------------------------------------------------________________________0.
(Mayor Bowers was absent.)
102
ACTION:
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Omnibus Fiscal Year 1997
Appropriations Act, Public Law 104-208, provides funding for
implementation of the Local Law Enforcement Block Grant Program
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety; the
grant provided $141,111.00 ($127,013.00 Federal and $14,098.00 local
match), which funds were placed in an interest-bearing account; and
over 3,885 hours of police overtime, as well as police bicycles and
uniforms, have been provided through grant funding:
It was further advised that according to the terms of the grant
award, grant funds were placed in an interest bearing account; interest
earnings may be used for allowable program expenditures; interest
earned on the grant funds through December 31, 1998, totals $1,581.00;
and police bicycle patrol hours could be expanded through allocation
of interest funding.
The City Manager recommended that Council appropriate funds
from the Local Law Enforcement Block Grant; appropriate all interest
revenue from the grant to Police Overtime, Grant Fund Account No.
035-050-3311-1003; and increase the grant fund revenue estimate in
Account No. 035-035-1234-7280 by $1,581.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34194-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 411.)
Mr. Hudson moved the adoption of Ordinance No. 34194-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
103
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted
a written report advising that Social Services, through the Foster Care
Program, provides out-of-home placements for certain children who are
in need of protection and can no longer live at home; for those children
who are determined eligible for Title IV-E funding, the Federal and State
governments will reimburse localities for costs of out-of-home
placements at 100 per cent of costs of room and board; and Social
Services, through Day Care Programs, provides financial assistance
with day care costs for children of eligible families who are employed
or in education or training programs.
It was further advised that due to changes in eligibility criteria
and program policy, Social Services has received additional funding for
ADC-Foster Care for fiscal year 1999 in the amount of $340,000.00;
$252,000.00 of this additional funding is intended to be used for
expenditures for day care services and daily supervision provided by
foster parents for children with special needs; these expenditures were
previously charged to the Comprehensive Services Act (CSA) Program
and may now be charged to ADC-Foster Care for Title IV-E children; in
so doing, local CSA matching funds of $74,414.00 can be redirected to
other CSA programs; the remaining portion of the additional funding is
intended to be used for an increase in Title IV-E eligible children; policy
changes are permanent, and Title IV-E funding will continue for fiscal
year 2000; and due to Welfare Reform and changes in other Day Care
policy, Social Services has received additional funding for Day Care for
fiscal year 1999 in the amount of $484,000.00, which requires a local
match of $16,000.00.
The City Manager recommended that Council appropriate
$340,000.00 to ADC-Foster Care, Account No. 001-054-5314-3115, and
$484,000.00 to Day Care Services, Account No. 001-054-5314-3159, in
order to utilize additional ADC-Foster Care and Day Care funding;
transfer local funding, in the amount of $16,000.00, from Health
Department Subsidy, Account No. 001-054-5110-3700, to Day Care
Services, Account No. 001-054-5314-3159; and increase General Fund
104
ACTION:
Revenue estimates by $340,000.00 in Foster Care Revenue, Account
No. 001-020-1234-0675, and $484,000.00 in Day Care Revenue, Account
No. 001-020-1234-0686.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34195-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 412.)
Mr. Swain moved the adoption of Ordinance No. 34195-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
LEGISLA TION- T AXES-COMMUNICA TIONS DEPARTMENT-
TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: The City Manager
and the Director of Finance submitted a joint written report advising
that in January 1996, Congress passed the Telecommunications Act of
1996 which was signed into law by the President in February 1996; the
new Act was designed to remove regulatory barriers and to encourage
new business among all types of communications companies; the Act
preempts all state and local laws that prohibit or have the effect of
prohibiting a business from providing telecommunication services;
after passage of the Act, disputes arose among localities, the Virginia
Department of Transportation (VDOT), and telecommunications carriers
as to what charges or compensation localities could impose on or
require from telecommunications carriers for use of the rights-of-way
within the localities or VDOT'S rights-of-way; in response to this
controversy, the 1997 General Assembly amended Virginia Code
105
Sections 56-458 and 56-462 to require the localities to maintain their
charges as of February 1, 1997, until July 1, 1998; and the purpose of
the amendments was to allow the telecommunications carriers and the
localities to resolve the controversy between the parties.
It was further advised that in 1998, the General Assembly
addressed the issue of compensation or charges localities and VDOT
could impose on or require from telecommunications carriers for the
use of rights-of-way; legislation provides for a public rights-of-way use
fee along with other requirements for imposing a rights-of-way use fee;
Virginia Code Section 56-468.1, which became effective on July 1, 1998,
provides for establishment of the use fee; the General Assembly
apparently decided that instead of imposing fees or charges on the
telecommunications carriers, the local exchange carriers for each area
would assess and collect a public rights-of-way use fee from each
customer who has an access line as defined in the statute; and
legislation basically provides that a locality, or VDOT, cannot charge a
certificated provider of telecommunications services for the use of the
public rights-of-way except in the manner prescribed in ~56-468.1,
provided, however, that any localities that have current existing
franchises or ordinances can continue with enforcement until they
expire in lieu of receiving the use fee.
It was explained that the amount of the use fee is to be calculated
annually by VDOT and shall not be less than $.50 per access line per
month and may be increased yearly; for example, if a person has two
separate phone lines to a private home for dial tone service, the
monthly charge would be at least $1.00 per month on the customer's
bill; the use fee is collected by the telecommunications local exchange
carrier, or carriers, for each jurisdiction and remitted to the locality on
a quarterly basis within two months of the end of each calendar
quarter; localities, including the City of Roanoke, must now decide
whether to enact an ordinance adopting the public rights-of-way use
fee; and whether or not a locality adopts the public rights-of-way use
fee, the telecommunications providers still need to obtain authority
from the locality to use the rights-of-way and the locality is entitled to
manage and control its rights-of-way in a nondiscriminatory manner.
It was noted that in accordance with the 1996 Federal Act, the
City entered into Temporary Nonexclusive Revocable License
Agreements with KMC Telecom of Virginia, Inc., (KMC) and American
Communication Services of Virginia, Inc., now doing business as
106
e.spire Communications, Inc., (ACSI); the Licenses granted each the
right to use the City's rights-of-way for telecommunications purposes
and deferred the issue of compensation until the General Assembly
acted on those issues; ACSI has not elected to exercise its rights under
the Temporary License Agreement to build its network in the City as of
this date; and KMC has exercised its rights under the Temporary
License Agreement and is presently operating its network in Roanoke
and the surrounding area.
It was advised that Bell Atlantic - Virginia, Inc., is the successor
to the Chesapeake and Potomac Telephone Company of Virginia, which
had a 30 year telecommunications franchise with the City that has now
been extended by mutual agreement of the parties on a month-to-month
basis until a successor franchise is adopted and provided that either
party may terminate the franchise upon reasonable notice to the other
party; Roanoke and Botetourt Telephone Company, now R & B
Network, Inc., R & B currently has a franchise with the City that was
entered into in October 1990 for a period of 15 years for use of certain
portions of the City's rights-of-way; Cox Communications Roanoke,
Inc., now CoxCom, Inc., has a cable television franchise with the City
which is not affected by the rights-of-way use fee with regard to cable
television franchise fees; however, Cox intends to participate in the
telecommunications business which could be subject to the public
rights-of-way use fee depending on how the use is structured; and the
Cox franchise is for a term of 12 years and was entered into in May
1991.
It was explained that if the public rights-of-way use fee is
adopted by Council, it would take the place of franchise fees currently
in effect for Bell Atlantic, R & B, and the portion of Cox's business that
is related to telecommunications, but would not affect the cable
television fee; estimated revenues that the City would realize under the
public rights-of-way use fee are at least $385,000.00 per year; and
revenue for the first year would be as follows:
Full Year $385,000.00
Loss of Franchise Fee -72.000.00
Sub-Total $313,000.00
75 per cent -78.250.00
(4th Quarter remitted within
2 months of closeout)
1st year revenue $234,750.00
ACTION:
. I
107
If adopted by Council, the collection of the public rights-of-way use fee
would be effective July 1, 1999.
It was noted that under the current statute, localities must notify
the appropriate local exchange carriers for their jurisdictions on or
before March 15 preceding the fiscal year in which they intend to
impose the public rights-of-way use fee, if adopted; thus, if the City of
Roanoke wishes to adopt the public rights-of-way use fee for the fiscal
year starting July 1,1999, it must do so in sufficient time to allow the
City Clerk to notify the appropriate telecommunications providers
before March 15, 1999; and regardless of whether the City adopts the
use fee, a final telecommunications regulatory ordinance will need to
be enacted by the City to address issues dealing with use of the City's
rights-of-way by the telecommunications providers that are now in or
will be coming to the City.
The City Manager recommended that Council adopt a public
rights-of-way use fee pursuant to Virginia Code Section 56-468.1, for
fees covered by the statute to be collected as of July 1, 1999, and
authorize the City Clerk to notify the affected certificated providers of
local exchange telephone service in the City of Roanoke before
March 15, 1999, that the City has adopted such fee and they are
required to collect the fee pursuant to the statute and remit same to the
City in accordance with the statute, with all other obligations or
agreements among telecommunications providers and the City, except
as to fees covered by the rights-of-way use fee or other matters under
the statute, to remain in full force and effect.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34196-030199) AN ORDINANCE adopting a Public Rights-of-
Way Use Fee pursuant to ~56-468.1 of the Code of Virginia (1950), as
amended; directing the City Clerk to notify certificated providers of
local exchange telephone service within the City of the adoption of
such Public Rights-of-Way Use Fee; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 413.)
Mr. Swain moved the adoption of Ordinance No. 34196-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
108
ACTION:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayo r Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
CITY ATTORNEY:
TRAFFIC-CITY CODE: The City Attorney submitted a written
report transmitting an ordinance to amend or repeal several sections
of the City Code and removes authorization for the City to install and
maintain parking meters in the City, effective May 1, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34197) AN ORDINANCE removing and eliminating the
authorization for the installation, maintenance, and use of parking
meters on City property by amending ~4-7, Same - Same - Parking
Violations, ~20-65, Parking Prohibited in Specified Places, ~20-68, Time
Limitations on Parking, ~20-69, Parking Regulations on Property of
Virginia Western Community College. ~20-76, Parking Spaces Reserved
for Persons with Disabilities, ~20-88, Duties of Police Officers, and ~21-
22, Fraudulent Use of Pay Phones. Parking Meters. and other Coin-
Operated Machines: by repealing, ~4-5, Regulation of Vehicular and
Pedestrian Traffic - Powers and Duties of City Manager. fi4-8,
Damaging. Tampering with etc.. Parking Meters, ~20-77, Parking Meter
Zones, ~20-77.1, Parking meter zones at Virginia Western Community
College, ~20-78, Installation and Operation of Parking Meters: Time
Limits: Rates, ~20-79, How Parking Meters and Space to be Used:
Overtime Parking, ~20-80, Manner of Parking Vehicles at Spaces with
Meters. ~20-81, Exemptions from Certain Requirements of Parking
Meter Regulations, ~20-82, Use of Slugs, ~20-83, Injuring or Tampering
with Meters, ~20-84, Effect of Division on Other Parking Regulations,
fi20-114, Metering of Unassigned Spaces, of the Code of the City of
Roanoke (1979), as amended, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 423.)
ACTION:
i",
. I
109
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-May or Ha rris -------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------______0.
(Mayor Bowers was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of January, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
Financial Report would be received and filed.
CITY CLERK:
CITY CLERK-SCHOOLS: The City Clerk submitted a written report
advising that on June 30, 1999, the three year terms of office of
Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City
School Board will expire; pursuant to Chapter 9, Education, of the Code
of the City of Roanoke (1979), as amended, establishing a procedure for
the election of School Trustees, Council must hold certain meetings
and take certain actions during the months of March, April and May to
conform with the selection process; therefore, she requested the
concurrence of Council in establishing the following dates:
On Monday, March 15 at 6:00 p.m., Council will hold an
informal meeting (reception) which will be open to the
public with all candidates for School Trustee in the
Emergency Operations Center Conference Room, Room
159, Municipal Building South.
On Monday, March 15 at 7:00 p.m., or as soon thereafter
as the matter may be heard, Council as a Committee of the
Whole, will review and consider all candidates for the
110
ACTION:
position of School Trustee; at such meeting, Council shall
review all applications filed for the position and Council
may elect to interview candidates for such positions.
On Monday, April 5 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will, by public vote,
select from the field of candidates, those candidates to be
accorded the formal interview and all other candidates will
be eliminated from the School Trustee selection process;
the number of candidates to be granted the interview shall
not exceed three times the number of positions available
on the Roanoke City School Board, should there be so
many candidates.
On Monday, April 19 at 7:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold a public
hearing to receive the views of citizens.
On Wednesday, April 21 at 6:00 p.m., Council will hold a
meeting for the purpose of conducting a public interview
of candidates for the position of School Trustee.
On Monday, May 3 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold an election to
fill the two vacancies for terms commencing July 1, 1999,
and ending June 30, 2002.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the proposed dates. The
motion was seconded by Mr. Swain and unanimously adopted.
REPORTS OF COMMITTEES:
BUDGET-FLOOD REDUCTION/CONTROL-WATER RESOURCES:
Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to recommending approval of a Floodplain Management
Acquisition Policy for use on all future floodplain acquisition programs.
__.J~IJ_" P'~~\(;:,-;i~';'-- _~,.!.,..___ _: t,..!,I_ I
. I
111
3";
A staff report advised that the City of Roanoke has over 900
structures which are currently located in floodplain areas and subject
to flooding hazards; the Federal Emergency Management Agency
(FEMA) has begun several new programs to provide financial
assistance to communities in their efforts to protect flood-prone
properties; on December 15,1998, the City of Roanoke joined FEMA's
new program entitled, "Project Impact"; under this program, the City
has committed to continue making efforts to reduce the impact of
future disasters; one of the City's primary disaster concerns has
historically been flooding; in an effort to reduce the impact of future
flooding on citizens, two grant applications have been submitted to
FEMA for the purchase of additional properties throughout the City of
Roanoke; on December 18, 1998, the City was notified that one of the
grants, the 1998 Regional Mitigation Grant Project, had been approved;
this project approved the purchase and removal of 11 of the City's most
flood-prone homes, at a total estimated cost of $743,480.00; and
funding is available in the following amounts:
Federal funding for property acquisition
Federal funding for administration
State funding for property acquisition
City funding for project
City funding for contingency (13 per cent)
Total
$557,610.00
15,870.00
37,500.00
132,500.00
17.500.00
$760,980.00
The second grant, the 1998 Floodplain Mitigation Assistance (FMA)
Project for the purchase and removal of one house is anticipated to be
approved shortly by FEMA.
It was further advised that as a "Project Impact" community, with
many flood-prone structures, the City of Roanoke will likely continue
to be eligible for future FEMA mitigation grant projects; one new grant
project (1998 Regional Mitigation Grant Project) has been approved for
funding by FEMA, another grant project is nearing approval (1998
Floodplain Mitigation Assistance Project), and future grant projects
appear to be likely; and approval of the Acquisition Policy would allow
the City to move quickly on current and future purchase/relocation
projects which would help City residents who are most vulnerable to
flooding hazards.
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
112
Approve the Floodplain Management Acquisition Policy
for use on all future floodplain acquisition programs.
Authorize the City Manager to accept Federal and State
grant or aid as set forth in the report and to provide and
execute necessary documents in connection with such
acceptance.
Approve the purchase of all properties listed on
Attachment 1 as 1 through 14 of the staff report.
Approve the situation, subject to FEMA approval, of
properties listed on Attachment 1 as 15 through 18 of the
report in a f1ood-depth priority order should any of the
property owners 4 through 14 choose not to participate.
Approve the purchase of property listed on Attachment 1
as 19, subject to grant approval by FEMA and acceptance
by the City.
All purchase prices for each property will be in
accordance with the Acquisition Policy.
Transfer $150,000.00 from 1996 bond proceeds account
for the 1998 Regional Mitigation Grant Project to a new
Capital Projects Account to be established by the Director
of Finance entitled, "1998 Regional Mitigation Grant
Project"; and appropriate FEMA grant funds of
$573,480.00 and state grant funds of $37,500.00 to the
same account and establish receivable accounts for grant
reimbursements.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34198-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 415.)
ACTION:
ACTION:
. I
113
Ms. Wyatt moved the adoption of Ordinance No. 34198-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-May or Ha rris-------------------------------------------------------------------------6.
NAYS: None---------------------------------------------------------------------___0.
(Mayor Bowers was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#34199-030199) AN ORDINANCE approving the City of Roanoke
Floodplain Management Acquisition Policy; authorizing the City
Manager, or his designee, to execute the appropriate documents to
implement this program; authorizing the City Manager, or his designee,
to accept certain federal and/or grant or aid funds and to execute any
required documentation to accept those funds; authorizing the fee
simple acquisition of certain properties in conformance with the
acquisition policy; authorizing the City Manager, or his designee, to fix
a certain limit on the consideration to be offered by the City for such
properties; authorizing the City Manager, or his designee, to make
future applications for federal and state aid for the Flood Management
Acquisition Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 416.)
Ms. Wyatt moved the adoption of Ordinance No. 34199-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Ma yor H a rris-------------------------------------------------------------------------6.
NA~S: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
114
SEWERS AND STORM DRAINS-BUDGET-CAPITAL
IMPROVEMENTS PROGRAM-FLOOD REDUCTION/CONTROL-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to acquisition of all property rights necessary
for construction of certain storm drainage projects included in the
Capital Improvement Program.
A staff report advised that drainage problems which are in need
of correcting are a continuing process for the City; in order to address
the numerous requests fairly, projects are ranked for funding in the
Capital Improvement Program; and eight of the projects included in the
Storm Drainage section of the Capital Improvement Program are now
ready for staff to proceed with property rights acquisition.
It was further advised that preliminary engineering studies are
complete and final design is underway; initial contact with property
owners has been made; and authorization is needed to move forward
with title work, appraisals, negotiations with property owners,
document preparation, and closings for acquisition of the necessary
property rights.
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
Authorize acquisition of property rights as shown on
project lists attached to the report, in a form to be
approved by the City Attorney; said property rights may
be acquired by negotiation or eminent domain, and
include fee simple, permanent easements, temporary
construction easements, rights-of-way, licenses or
permits, etc., and indemnification of the railroad of liability
related to such construction, removal, replacement, and
maintenance.
Appropriate $115,000.00 from the 1992 bond issue,
Account No. 008-052-9700-9176, to certain accounts more
specifically set forth in the report.
ACTION:
. I
115
Authorize the City Manager, or the Assistant City Manager,
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
"
(#34200-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 419.)
Ms. Wyatt moved the adoption of Ordinance No. 34200-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-May or Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#34201-030199) AN ORDINANCE providing for the acquisition of
property rights needed by the City for certain storm drainage
improvements in connection with the Capital Improvement Program
("CIP") Drainage Program; authorizing the City Manager to fix a certain
limit on the consideration to be offered by the City; providing for the
City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; authorizing execution of a Permit Agreement
with the railroad containing indemnification language; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 420.)
116
ACTION:
Ms. Wyatt moved the adoption of Ordinance No. 34201-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to acquiring property rights exchange along
Tinker Creek in the vicinity of Sand Road, N. E.
A staff report advised that City owned property along Tinker
Creek, identified as Official Tax No. 3250801, has been utilized as a
storage and soil disposal site by the City for many years; and owners
of adjacent property identified as Official Tax No. 3250414 contacted
the City last year regarding the possibility of a mutually beneficial land
swap.
It was further advised that internal review of the proposed
exchange by City staff has revealed no adverse impact on the use of
the disposal site, with the City benefitting from an improved entrance
to the site resulting from the exchange; and conveyance of real
property must be approved by Council following a public hearing.
The Water Resources Committee recommended that Council
authorize the City Manager to take the appropriate action to advertise
a public hearing, and, lacking any comments to the contrary, enter into
an agreement with Robert M. and Carolyn H. Callahan, in a form to be
approved by the City Attorney, to allow for an exchange of property
along Tinker Creek in the vicinity of Sand Road, N. E., and to execute
all necessary documents to effect the land exchange.
(For full text, see reports on file in the City Clerk's Office.)
-
I
ACTION:
_ nl j, ~_ ---~+L~~-'l_'~~'""7O'" _ "__ !.,_
. I
117
Ms. Wyatt moved that Council concur in the recommendation and
advertise a public hearing for Monday, March 15, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY PROPERTY-HOSPITALS-AIR RIGHTS-WATER RESOURCES:
Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to encroachment of subterranean footings in the public right-of-
way along both sides of Crystal Spring Avenue, S. W., in connection
with the proposal of Carilion Health System to construct a multi-level
parking deck.
A staff report advised that pursuant to Ordinance No. 33794-
050498, Council authorized a lease between the City and CHS, Inc., for
lease of certain airspace over Crystal Spring Avenue, S. W.; and CHS,
Inc., a subsidiary of Carilion Health System, which operates Roanoke
Memorial Hospital, has requested additional encroachments into the
right-of-way of Crystal Spring Avenue in connection with its proposed
multilevel parking deck.
It was further advised that the proposed parking garage will
require a series of subterranean footings which would encroach into
the right-of-way along both sides of Crystal Spring Avenue; the
footings will be set at least four feet below grade to minimize any
hazard to the public; design modifications to address neighborhood
concerns will require an amendment to the lease for airspace above
Crystal Spring Avenue to include an additional 35 feet, more or less,
extending upwards above the current leased area, from an altitude of
986.75 feet to 1020 feet; potential lease of air space must be advertised
and the successful bidder will be required to reimburse the City for the
full cost of advertising; a public hearing is also required for lease of air
rights over City right-of-way; and City staff recommends authorization
of an amendment to the lease of additional air rights for the structure
and a revocable license to allow the encroachment of subterranean
footings along both sides of the right-of-way of Crystal Spring Avenue,
S. W., with all other provisions of the original lease with CHS, Inc., to
remain in effect.
The Water Resources Committee recommended that Council take
the following actions:
118
ACTION:
Authorize a revocable license to CHS, Inc., a subsidiary of
Carilion Health System, to allow encroachment of
subterranean footings along both sides of the right-of-way
of Crystal Spring Avenue, S. W.
Authorize City staff to advertise for bids and to hold a
public hearing regarding amending the lease with CHS,
Inc., for air rights over Crystal Spring Avenue to include
an additional 35 feet, more or less, extending upwards
above the current leased area, with the successful bidder
to prepare all appropriate legal documents in a form to be
approved by the City Attorney; and the City reserves the
right to reject all bids.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation and
advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY EMPLOYEES- TRAFFIC-PURCHASE/SALE OF PROPERTY-
JEFFERSON CENTER-WATER RESOURCES: Council Member Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to acquisition of
property located at 411 Fifth Street, S. W., for the City
Employee/Jefferson Center Parking Project.
A staff report advised that in September, 1994, a plan was
developed to address Jefferson Center parking needs, as well as an
employee parking recommendation; in December, 1994, Council
approved transfer of funds to allow acquisition of property and ten
parcels have been acquired; one property located at 411 Fifth Street,
S. W., Official Tax No. 1113413 has been identified as a possible site for
acquisition to implement Phase I (property acquisition) of the Parking
Project; the owner of the property, William L. K. Churchill, has been
contacted and has indicated a willingness to sell the property to the
City; the property has been reviewed by the Director of Real Estate
Valuation, and the price is consistent with values of other parcels of
land previously purchased in the area for the project.
ACTION:
119
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
Authorize acquisition of the property at 411 Fifth Street,
S. W., Official Tax No. 1113413, for the amount of
$26,SOO.00.
Authorize the City Manager, or the Assistant City Manager,
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
It was noted that a late development arising from a Title Report
on the property reveals that there may be a cloud on the title which
would require condemnation proceedings in order to obtain clear title;
therefore, it is also recommended that Council authorize the City
Attorney to institute condemnation, or other legal proceedings to allow
the City to obtain clear title to the property, if necessary.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#34202-030199) AN ORDINANCE providing for the acquisition of
a vacant lot known as 411 Fifth Street, S. W., and identified by Roanoke
City Tax Map No. 1113413, authorizing the proper City officials to
execute and attest any necessary documents for this acquisition;
providing for the City's acquisition of such property rights by
condemnation, under certain circumstances; authorizing the City to
make motion for the award of a right of entry on any of the parcels for
the purpose of commencing the project; upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 422.)
Ms. Wyatt moved the adoption of Ordinance No. 34202-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
120
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 34182, rezoning a certain tract of land
containing 3.83 acres, located at 2619 Belle Avenue, N. E., Official Tax
Nos. 3410307,3410306, 341030S, 3410304, 3410303 and 3410302 from
RM-1, Residential Multifamily District, Low Density District, to C-1,
Office District, subject to certain proffers contained in the First
Amended Petition filed in the Office of the City Clerk on December 21,
1998, having previously been before the Council for its first reading on
Tuesday, February 16, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34182-030199) AN ORDINANCE to amend fi36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 341, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 399.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 34182-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
ACTION:
121
ZONING: Ordinance No. 34183, rezoning a tract of land lying on
the westerly side of Grandin Road, S. W., described as 1711 Grandin
Road, Official Tax No. 1440607, from RM-2, Residential Multifamily
District, Medium Density District, to C-1, Office District, subject to
certain proffers contained in the First Amended Petition filed in the
Office of the City Clerk on December 23, 1998, having previously been
before the Council for its first reading on Tuesday, February 16, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34183-030199) AN ORDINANCE to amend ~36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 400.)
Mr. Trout moved the adoption of Ordinance No. 34183-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Ha rris-------------------------------------------------------------------------6.
NAYS: None-------------------------------------------------------------------_____0.
(Mayor Bowers was absent.)
STREETS AND ALLEYS: Ordinance No. 34184, permanently
vacating, discontinuing and closing that certain alley located between
the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W.,
having previously been before the Council for its first reading on
Tuesday, February 16, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34184-030199) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way in the City of
Roanoke, Virginia, as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 401.)
122
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34184-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
AIRPORT-CITY PROPERTY-WATER RESOURCES: Ordinance No.
34185, authorizing the proper City officials to enter into a lease
agreement between the City and The Hertz Corporation for use of a 2.0-
acre parcel of City-owned land at 1302 Municipal Road, N. W., for the
corporation's maintenance, servicing and storage facilities, for a term
of five years, effective December 1, 1998, and ending November 30,
2003, at a total lease fee of $118,319.00 over the five-year period, upon
such terms and conditions as more particularly described in a report
from the Water Resources Committee dated February 1, 1999, having
previously been before the Council for its first reading on Tuesday,
February 16, 1999, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34185-030199) AN ORDINANCE authorizing the proper City
officials to enter into a lease agreement between the City and The Hertz
Corporation for use of a 2.0-acre parcel of City-owned land at 1302
Municipal Road, N. W., for said corporation's maintenance, servicing
and storage facilities, upon certain terms and conditions.
(For full toxt of Ordinance, see Ordinance Book No. 61, page 404.)
Mr. Trout moved the adoption of Ordinance No. 34185-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Ha rris-------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
ACTION:
123
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 3:00 p.m., the Vice-Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vi ce-May or Harris -------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-FLOOD
REDUCTION/CONTROL: The Vice-Mayor advised that there is a vacancy
on the Flood Plain Committee created by the resignation of Terry
Grimes, and called for nominations to fill the vacancy.
eo
Mr. Trout placed in nomination the name of Mark E. Petersen.
There being no further nominations, Mr. Petersen was appointed
as a member of the Flood Plain Committee, for a term ending June 30,
1999, by the following vote:
124
ACTION:
ACTION:
ACTION:
FOR MR. PETERSEN: Council Members White, Wyatt, Hudson,
Swain, Trout and Vice-Mayor Harris-----------------------------------------------6.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Vice-
Mayor advised that there is a vacancy on the Board of Fire Appeals
created by the resignation of Corbin L. Wilson, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of John C. Moody, Jr.
There being no further nominations, Mr. Moody was appointed as
a member of the Board of Fire Appeals, for a term ending June 30, 2002,
by the following vote:
FOR MR. MOODY: Council Members White, Wyatt, Hudson,
Swain, Trout and Vice-Mayor Harris-----------------------------------------------6.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER
AMERICANS: The Vice-Mayor advised that the term of office of Helen J.
Hall as a City Representative to the Advisory Committee, League of
Older Americans, expired on February 28, 1999, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of Helen J. Hall.
There being no further nominations, Ms. Hall was reappointed as
a City Representative to the Advisory Committee, League of Older
Americans, for a term ending February 29, 2000, by the following vote:
FOR MS. HALL: Council Members White, Wyatt, Hudson, Swain,
T rout and Vi ce-May 0 r Ha rris---------------------------------------------------------6.
(Mayor Bowers was absent.)
CITY MANAGER-COUNCIL: Council Member Wyatt requested
that the City Attorney provide Council with a legal opinion regarding
appointment by the Mayor of the search committee for the new City
Manager.
125
The City Attorney advised that at the Council meeting on
Tuesday, February 16, 1999, Council Member White made a motion
relating to the appointment of a committee to select a consulting firm
to assist in the selection of a new City Manager, which motion provided
that three members of Council would be assigned the responsibility of
meeting with appropriate City officials to identify an executive search
firm, etc. Subsequently, Mr. Dibling stated that by letter of February 17,
1999, the Mayor appointed three members of Council to the committee
and the question that was presented to him was whether such action
was within the authority of the Mayor. He explained that the Mayor's
appointment authority is derived from either State Code, City Charter
or City Code; however, he was unable to find any appointment power
that would relate to the Mayor's appointment of the committee.
Ms. Wyatt advised that the Mayor was not present to participate
in the discussion; therefor, she requested that discussion of the matter
be deferred until a time when the Mayor is present.
Mr. White advised that he would be opposed to deferring
discussion on the matter, he has discussed the issue with the Mayor,
and the Mayor would not be opposed to Council taking the appropriate
action to resolve the question in his absence in order for the process
to move forward in a timely manner.
Mr. White moved that Council ratify the Mayor's appointment of
a committee composed of Council Members Hudson, Chair, Swain and
Trout, pursuant to the Mayor's communication dated February 17, 1999.
The motion was seconded by Mr. Swain and adopted, Council Member
Wyatt voted no.
Ms. Wyatt advised that she holds no ill will to anyone of the
three members of Council who were appointed to the committee
because they are fine representatives of the Council and will do an
outstanding job; however, there is a need for more diverse
representation on the committee, philosophically, gender-wise and age-
wise.
126
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:35 p.m.
APPROVED
ATTEST: ~
A~ 1. (/"~
~.~~
Mary F. Parker
City Clerk
C. Nelson Harris
Vice-Mayor
127
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
March 15, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 15, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers---------------------------------------------------------------------------------------------------------7.
ABSENT: None--------------------------------------------------------------------------____________0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
HUMAN DEVELOPMENT: Glenn D. Radcliffe, Director, Human Development,
advised that the purpose of the briefing is to provide Council with information on
planning efforts to identify scope of services and client outcomes of the Directorate
of Human Services. He further advised that the purpose of the Human Services
planning process is to develop an outcome-focused strategic plan confirming the
mission, goals, outcome objectives and performance measures and how each
department contributes to the overall success of the directorate; to diagram the
logic and interconnectedness of the directorate's mission, outcomes, and
performance measures with City Council's vision statement; and to explore how
employees may work smarter using resources wiser, become more integrated and
supportive of each other and deliver a higher quality of services to the citizens of
Roanoke City. He stated that several critical issues have been identified that would
impact the success of planning efforts and using those efforts as grounding
principles for decisions, such as: public accountability or being good stewards of
public resources, what trades, skills, resources and environments are required for
an individual to actively live City Council's vision statement, and to evaluate
performance based upon efficiency and effectiveness in achieving the directorate's
goals and objectives. He advised that the mission of the Directorate is to help
citizens maintain and gain self-sufficiency which is looked at in terms of five critical
characteristics: responsible people, competent people, employable people, healthy
128
people and resourceful and proactive people. He explained that the efforts of the
Directorate have been directed toward three service areas that address specific
needs, skills and required foundations for success. He stated that given the Federal
and State mandates and available resources, those small areas are wherever the
department can make the greatest difference in the ability of people to become self-
sufficient and to secure the greatest return on the investment in the areas of:
education and employment, building life skills, strong family and quality living
environments and individual and community health. He noted that the department
will measure its success in terms of tangible achievements among clients, which
achievements are key measures of success and include looki~g at adults who obtain
full or part-time employment and no longer need transitional support services, adult
and family transition from homelessness or substandard housing to long term
quality housing, and insuring that youth and adults receive appropriate and needed
immunizations, preventative screening, medical care and medication.
Vickie L. Price, Executive Director, Fifth District Employment and Training
Consortium, advised that outcomes in the directorate are those benefits that the
participants receive during or after their involvement with the program which relate
to changes in knowledge, attitudes, values, behaviors and living environment. She
explained that the outcomes are education in employment by providing citizens with
those academic and occupational skills that are necessary to maintain and to retain
gainful employment through programs provided by the Fifth District Employment
and Training Consortium, the Department of Social Services, the City's Office on
Youth, and certain contracts with Total Action Against Poverty. She advised that the
second objective pertains to building life skills, strong families and a quality living
environment which provides citizens with the capacity to meet personal needs and
dependent family member needs, such as protection from abuse, neglect and threats
to safety and property, and primary providers within the Directorate for this objective
are the Department of Social Services, the Comprehensive Services Act, the City's
Office on Youth, Sanctuary, Youth Haven, libraries and the Virginia Cooperative
Extension. She advised that the third objective relates to individual and community
health which is intended to provide basic health and wellness standards through
prevention and education, treatment and inspection, and primary providers of this
objective are the Health Department, Department of Social Services, Virginia
Cooperative Extension, libraries, and contracts with Blue Ridge Community
Services.
Corrine B. Gott, Superintendent, Social Services, and Letitia E. Malone,
Manager, Youth Haven, presented an overview of success stories that address the
impact of services on individuals in the Roanoke community.
129
Ms. Malone introduced Mr. Scott Fisher who was placed in the care of Youth
Haven from 1996-97 for truancy and simple assault, whose family life was less than
desirable and following one year in the program, he was placed in Foster Care. She
stated that Youth Haven provided him with support, care and treatment services,
along with stabilization that ultimately changed his life. She advised that he has
come a long way from the troubled youth he was a few years ago to a young man
who now has a plan for his life with a vision and goals for the future.
Mr. Scott Fisher appeared before Council and advised that he is a 17 year old
graduate of Youth Haven I Group Home for Boys. He further advised that when he
first entered the program in 1997, he was a troubled and defiant youth who was not
in control of his life, nor did he see a future for himself outside of life on the streets;
however, because of the counselors at Youth Haven, he was able to find direction
and a new way of life. He stated that because of the programs offered by Youth
Haven, he now has an opportunity to have a better life and he is able to make
decisions in a more caring and logical manner. He advised that he is a student at
Patrick Henry High School, a member of the ROTC and he looks forward to a career
in a branch of the United States military. He expressed appreciation for the Youth
Haven program which helped him to put his life back on track.
Mr. Radcliffe advised that many of the programs of the directorate are state
and local mandated, they are sponsored on their performance and accountability,
and in order for the programs to be successful, they require a significant investment
of local resources. He explained that local services provide the most opportunity
to prevent social problems or to treat those problems before they become a crisis.
Council Member Swain requested a report on those portions of the City's
Human Development program that are in need of improvement.
Council Members Wyatt and White advised that the City appropriates funds
to agencies such as Blue Ridge Community Services, Total Action Against Poverty
and other human service agencies, and the City also provides economic
development incentives for potential business development. They suggested that
there should be a level of accountability as to how City funds are spent and services
provided and requested that the matter be referred to the City Manager for report to
Council.
The Mayor requested information on a state-wide assessment of Human
Service Departments/programs which are operated by other Virginia localities and
how the City of Roanoke's programs rank in the overall state-wide assessment.
130
Pursuant to question raised by Council Member Swain regarding the total
amount of funds expended through the Human Development Programs, the City
Manager responded that including Medicaid, total dollars spent by the City through
the Department of Social Services is $73 million, of which the Federal government
provides $42 million, the State government provides $28 million, and the local match
is approximately $2.1 million. He advised that the local match for all programs is
approximately $10 million.
There being no further questions or discussion, the Mayor advised that
without objection by Council, the briefing would be received and filed.
At 1:10 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, March 15, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers----------------------------------------------------------------------------------------------------------7.
ABSENT: None--------------------------------------------------------------------------------------0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend George
Chioros, Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers. .
The Mayor introduced and welcomed foreign exchange students
from Japan. He presented each student with a photograph of the
Roanoke Valley and a Roanoke logo lapel pin.
COUNCIL-DECEASED PERSONS: The Mayor requested that the
City Attorney prepare the proper measure memorializing the late
James E. Jones, former Member, Roanoke City Council.
ACTION:
131
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 16, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
applications for the position of City Attorney, which applications will be
received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31,1999.
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
PRESENTA TIONS:
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER: Vice-Mayor
Harris offered the following resolution recognizing the meritorious
services rendered to the City by W. Robert Herbert, City Manager, from
November 20, 1985 to present:
(#34203-031599) A RESOLUTION recognizing the meritorious
services rendered to this City by W. Robert Herbert, City Manager.
(For full text of Resolution, see Resolution Book No. 61, page 428.)
Mr. Harris moved the adoption of Resolution No. 34203-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers---------------------------------------------____-------------7.
NAYS: None-------------------------------------------------_----------------------0.
The Mayor presented a ceremonial copy of Resolution No. 34203-
031599 to Mr. Herbert and a crystal star to Mrs. Herbert.
ACTS OF ACKNOWLEDGEMENT-CITY ATTORNEY: Vice-Mayor
Harris offered the following resolution recognizing the outstanding
services rendered to the City by Wilburn C. Dibling, Jr., City Attorney,
from January, 1977 to the present:
132
ACTION:
ACTION:
(#34204-031599) A RESOLUTION recognizing the outstanding
service rendered to the City by Wilburn C. Dibling, Jr., City Attorney.
(For full text of Resolution, see Resolution Book No. 61, page 429.)
Mr. Harris moved the adoption of Resolution No. 34204-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
The Mayor presented a ceremonial copy of Resolution No. 34204-
031599 to Mr. Dibling and a crystal star to Mrs. Dibling.
DECEASED PERSONS: Vice-Mayor Harris offered the following
resolution memorializing the late E. Laban Johnson, Jr., who served as
Special Events Coordinator for the City of Roanoke from 1985 until his
retirement in 1996:
(#34205-031599) A RESOLUTION memorializing the late E. Laban
Johnson, Jr.
(For full text of Resolution, see Resolution Book No. 61, page 431.)
Mr. Harris moved the adoption of Resolution No. 34205-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
ACTION:
133
removed from the Consent Agenda and considered separately. He
called specific attention to one request for Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------------__0.
POLICE DEPARTMENT -DRUGS/SUBSTANCE ABUSE-CITY
SHERIFF: A report of the City Manager with regard to a response to an
inquiry on public inebriation and the legal mechanism to deal with
providers of alcohol to inebriated persons, was before Council.
The City Manager advised that at the Council meeting on
December 7, 1998, Council received a report on the jail-based public
inebriate intervention and treatment program; at that time, Council
Member Swain requested information regarding the problem of public
inebriation and the legal mechanism to deal with businesses who sell
alcohol to inebriated persons; and Council Member Swain later
indicated that he would like information as to what methods are
available to deal with businesses that sell alcohol to inebriated citizens,
and what are the general costs to the City in connection with dealing
with the public inebriate.
134
ACTION:
It was further advised that for fiscal year 1997-98, the Roanoke
City Police Department made 2,694 arrests for drunk in public, which
constitutes 19 per cent of the 14,109 criminal arrests made by the
Police Department in that period; while the Roanoke City Circuit Court
has recently entered interdiction orders against several individuals,
this affects only a handful of persons in the Roanoke Valley; and sellers
of alcohol are not required to inquire if the purchaser has been
interdicted.
It was explained that the Roanoke City Police Department last
conducted a "sting" operation to charge for illegal alcohol sales in 1996
which targeted sales to underage persons; 20 charges were placed,
and General District Court dispositions on those cases were primarily
small monetary fines; charges for sale to intoxicated individuals are
comparatively rare, as most clerks recognize their risk for such sales
to clearly inebriated persons; and investigation of illegal sales to
intoxicated persons is dependent upon police observation of the event
and then being able to prove that the seller knew or should have known
that the purchaser was intoxicated.
It was further explained that in 1998, Roanoke City Police placed
three charges for violation of Section 4.1-304, Code of Virginia; the
Roanoke office of the Virginia Alcoholic Beverage Control Department
reports that they placed five charges under the above Code section
within the City of Roanoke in 1998 which charges are predominantly for
the sale of alcohol to underage persons; no repeat offenders were
charged in 1998, and the General District Court disposition for these
cases was the imposition of fines less than $250.00; the Roanoke City
Sheriff's Department and the Roanoke City Police Department have
estimated the general cost of arresting, booking and housing the public
inebriate during fiscal year 1998, at approximately $211,000.00 for
arresting, booking and housing which does not include costs
associated with medical expenses, transporting inebriates to medical
services as necessary and other directly associated costs, nor does the
estimate include human services and preventive type services offered
to the public inebriate.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
ACTION:
ACTION:
...r .., :,.~ .',
135
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------------__0.
BLUE RIDGE COMMUNITY SERVICES: A report of the City
Manager with regard to certain services provided by Blue Ridge
Community Services of Roanoke Valley, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite and Mayor Bowers--------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------________0.
LIBRARIES-EQUIPMENT: A report of the City Manager with
regard to installing computers in City libraries for use by citizens, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None-------------------------------------------------------_________________0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, March 1, 1999, were before the body.
The Audit Committee considered the following items:
136
ACTION:
ACTION:
FINANCIAL AUDITS:
Clerk of Circuit Court
FINANCIAL RELATED AUDITS:
Business License Billing
Business License Accounts Receivable
Travel Reimbursements
Summary on Vehicle Utilization
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite and May or Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ROANOKE NEIGHBORHOOD PARTNERSHIP-
BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before
Council:
Keith Moore as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending
November 30, 2001; and
Ronald Smith as Acting Building Commissioner, effective
March 1, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
N~YS: None------------------------------------------------------------------------0.
137
REGULAR AGENDA
BLUE RIDGE COMMUNITY SERVICES: The City Manager
submitted a written report advising that at the January 19, 1999,
Council meeting, Council Member Wyatt requested information on the
programs provided by Blue Ridge Community Services, specifically
information on the services/programs being provided, funding sources,
and needs or gaps in services/programs.
It was explained that information was provided for mental health,
mental retardation and substance abuse services listing services,
funding sources, numbers of clients, and mandates or restrictions, as
well as information on strategic factors influencing service delivery.
With the requirement for governing bodies to approve the
performance contract for the provision of mental health, mental
retardation and substance abuse services, the City Manager
recommended that Blue Ridge Community Services be requested to
prepare a briefing for Council on the proposed performance contract
for the 1999-2000 fiscal year within the next three months.
(For full text, see report on file in the City Clerk's Office.)
Council Member Wyatt requested that Blue Ridge Community
Services provide a briefing on its proposed performance contract for
fiscal year 1999-2000 within 90 days, which will include the following
information:
A comparison of services provided by the City of Roanoke with the
following Virginia localities: Alexandria, Portsmouth, Richmond,
Norfolk, Petersburg, Bristol, Lynchburg, Roanoke County, Vinton and
Salem; i.e.:
Amount of local, State and Federal funding;
Funding per capita;
Types of services provided (those services that are equal
to or similar to those services provided by the City of
Roanoke, services that those localities provide in addition
to services provided by the City of Roanoke, services that
the City of Roanoke provides that those localities do not
provide); and
138
An accounting of administrative staff and service provider
staff.
ACTION: It was the consensus of Council that the request of Council
Member Wyatt for additional information would be referred to the City
Manager for further report.
LIBRARIES-EQUIPMENT: The City Manager submitted a written
report providing information in response to Council Member Wyatt's
request of February 16, 1999, regarding an update on computer Internet
access in the Roanoke City public libraries.
It was advised that in the spring of 1997, using funds from the
State Library and funds from the library's operating budget, library staff
began implementation of a local area network in the Main Library for
public Internet access; in August 1998, Internet access for the public
was made available in the Main Library; a request was submitted for
CMERP technology funds in 1997 for two computers for public Internet
access in each of the five neighborhood branch libraries; and the
request was approved and funds were appropriated to CIS; two
computers with Internet access were installed in the Gainsboro Branch;
and the remaining branches received their Internet connections and
computers the week of March 1, 1999.
It was further advised that in the spring of 1998, Council Member
Wyatt inquired about the possibility of providing computers that could
run both Windows and Macintosh applications in the City's public
libraries for students to do their homework; the request was initially
interpreted as a new service related to word processing and other
computer applications needed by students, separate and in addition to
computers for Internet access; and the issue of providing computers
for word processing in the public libraries was considered by library
staff, the Library Board and the Manager of CIS.
It was explained that in August 1998, the Library Board voted not
to provide computers with word processing capabilities in the public
libraries; the Library Board expressed concern regarding the present
need for more library staff to assist students and the general public
using the Internet, and the need for timely computer maintenance
ACTION:
139
support; the Library Board agreed to revisit the issue of providing
computers for word processing after public Internet service in all City
libraries is established; and the Library Board also suggested that the
City schools provide extended hours so students and parents could
access school technology resources.
It was noted that a supplemental budget request has been
submitted for fiscal year 1999-2000 for additional extra help hours for
the library branches to provide assistance to students doing homework
and using the Internet; the City Librarian is working with the Manager
of CIS and technology staff from the City schools to add computers that
will enable students to use the Internet, as well as do homework, using
the same Macintosh and/or Windows applications that they use in
school; and it is anticipated that installation will occur within the next
two months.
(For full text, see report on file in the City Clerk's Office.)
Council Member White raised the following questions:
Why was there a delay in installing equipment? Who is
responsible for coordination of the project?
Was there proper coordination between equipment
purchased versus equipment needed?
Was it assumed by City staff that the supplemental budget
request to provide funds for additional extra help hours for
library branches to provide assistance to students doing
homework and using the Internet would be approved?
What is the total cost?
It was the consensus of Council that the questions raised by
Council Member White would be referred to the City Manager for further
report.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Rita D. Bishop, Assistant Superintendent for
Instruction, Roanoke City Public Schools, appeared before Council and
presented a briefing in connection with the "Jason Project"
140
instructional program. She advised that Roanoke City is one of only 35
sites, world-wide, that has become a primary interactive network site
for the "Jason Project," which is an electronic field trip that
incorporates all of the best in science education and technology. She
further advised that an electronic field trip recently took place to the
Peruvian Rain Forest at Woodrow Wilson Middle School where children
walked over a canopy into the rain forest and took an up close look at
ant colonies and all of the natural resources in the rain forest, and more
than 5000 students, grades 4 - 9, from throughout the Commonwealth
of Virginia and the States of North Carolina and West Virginia
participated. She presented a video which explained the scope of the
project.
Following presentation of the video, Ms. Bishop advised that
"Jason" is an ongoing project for Roanoke City, and invited the
Members of Council to participate in the program in the year 2000
which will be combined with a space project to be known as "Noah".
There being no further discussion, the Mayor advised that
without objection by Council, the briefing would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$56,367.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, facility maintenance equipment,
transportation computer equipment, Monterey School roof
replacement, Addison Middle School renovation, and
improvements for Ruffner Middle School, William Fleming
High School, and Patrick Henry High School.
$30,000.00 for the 1999 Student Success Mini-Grant
program to allow individual staff members, departments,
schools or central office supervisors the opportunity to
apply for competitive grants; the grants must support
School Board goals and objectives and improve student
performance on the Standards of Learning tests; a
donation from Wachovia Bank for $30,000.00 has been
received for this new grant program.
ACTION:
1.,.,,,,,
141
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34206-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 432.)
Mr. Trout moved the adoption of Ordinance No. 34206-031599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE: Police Chief A. L. Gaskins advised that Council Member
Swain previously requested information on crime statistics for the City
of Roanoke; whereupon, he introduced Lt. William Altoff and Sgt.
Richard Arrington for a briefing on 1998 crime statistics.
(See data on file in the City Clerk's Office.)
Following questions and without objection by Council, the Mayor
advised that the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
142
BUILDINGS/BUILDING DEPARTMENT -BUDGET -EQUIPMENT: The
City Manager submitted a written report advising that an existing
building permit data system, which is not Year 2000 compliant, was
developed in 1989; the Development Assistance Center (DAC) opened
in January, 1999, the purpose of which is to integrate building,
planning, and zoning functions to provide a one-stop Development
Assistance Center offering enhanced customer service to developers,
contractors, and citizens undertaking new development and
construction projects within the City; and the existing permit system
does not provide functionality to integrate activities within the
Development Assistance Center.
It was further advised that a Request for Proposal for Permit and
Inspection System was developed and two proposals were received;
Sierra Computer Systems, Inc., was unanimously selected by
department representatives as the vendor of choice to provide a Permit
and Inspection System for the DAC, Building Department, Planning and
Community Development, and the Housing Development Office, at an
estimated total project cost of $202,000.00, as follows:
$98,072.00 total estimated cost for software and services
provided by Sierra Computer Systems, Inc., for
implementation of Permit and Inspection System have
been negotiated; and
$103,928.00 total estimated cost for workstations and
network equipment to support implementation of the
Sierra System.
The City Manager recommended that he be authorized to enter
into a contract, in a form to be approved by the City Attorney, with
Sierra Computer Systems, Inc., to provide all software and professional
services to implement a Permit and Inspection System, at total cost not
to exceed $98,072.00, and appropriate $50,000.00 from CMERP.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34207-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and City Information System Fund
Appropriations, and providing for an emergency.
ACTION:
ACTION:
<#:,
143
(For full text of Ordinance, see Ordinance Book No. 61, page 434.)
Mr. Swain moved the adoption of Ordinance No. 34207-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers-----------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was out of the Council Chamber.)
Mr. Swain offered the following emergency ordinance:
(#34208-031599) AN ORDINANCE accepting the proposal of
Sierra Computer Systems, Inc., for all software and professional
services to implement the Permit and Inspection System, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such software
and services; rejecting all other proposals made to the City for the
aforesaid software and professional services; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 435.)
Mr. Swain moved the adoption of Ordinance No. 34208-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Omnibus Fiscal Year 1998
Appropriations Act, Public Law 105-119, provides funding for
implementation of the Local Law Enforcement Block Grant Program,
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
144
underwrite projects to reduce crime and to improve public safety;
Federal funds from this grant to the City of Roanoke have been
Awarded by the U. S. Department of Justice which renews funding to
the City of Roanoke for the third year; and funds were used for
enhanced bicycle patrol last year.
It was further advised that grant funds available for appropriation
through the program total $143,464.00; this amount includes the grant
amount of $126,190.00, the local match of $15,774.00, and projected
interest earnings of $1 ,500.00; grant requirements include that funds be
placed in an interest bearing account; local match funds are available
in the Police Department's Federal Asset Forfeiture Account; and police
bicycle patrol hours could be expanded through allocation of funding.
The City Manager recommended that Council appropriate funds
from the Local Law Enforcement Block Grant, as follows:
Appropriate $143,464.00 to the following grant fund accounts:
Expendable Equipment
Police Overtime
FICA
035-050-3313-2035
035-050-3313-1003
035-050-3313-1120
$ 27,000.00
108,182.00
8.282.00
$143,464.00
Increase the following grant fund revenue estimates:
Federal Grant Receipts
Local Match
Interest
035-035-1234-7282
035-035-1234-7283
035-035-1234-7284
$126,190.00
15,774.00
1.500.00
$143,464.00
Transfer $15,774.00 from Federal Asset Forfeiture Account
No. 035-050-3304-2150 to the Local Law Enforcement
Block Grant (98/00) Revenue Account No. 035-035-1234-
7283 as a local match.
Authorize unexpended grant funds to draw interest in
accordance with grant requirements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
ACTION:
145
(#34209-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 436.)
Mr. Harris moved the adoption of Ordinance No. 34209-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
HEALTH DEPARTMENT: The City Manager submitted a written
report advising that Health Laws of Virginia, Chapter 1, Article 5,
Paragraph 32.1-31, "Operation of local health department under
contract with Board; district health departments," states as follows:
"A governing body of a city may enter into a contract with
the Board for the operation of the local health department
in such city. The contract between the City and the Board
shall specify the services to be provided in addition to the
services required by law and shall contain other
provisions as the Board and the governing body may
agree upon."
It was further advised that the contract establishes that legal
defense with respect to services performed pursuant to local
ordinance, enabling legislation set out in Title 15.1 of the State Code,
and other services set out in Attachment A (2) of the contract will be
provided by the Office of City Attorney.
It was explained that the local required match amount of
$946,857.00 (40.36 per cent of total cooperative tiudget) was included
in the fiscal year 1998-99 resource allocation plan adopted by Council
on May 11, 1998; and the 1998-99 Health Department Budget is based
on approved funding as follows:
146
ACTION:
State
Local Match
$1,399,172.00
946.857.00
$2,346,029.00
(59.64%)
(40.36%)
Services to be in contract include the following:
Communicable Disease
Child Health
Maternal Health
Family Planning
Environmental Health
Management and Support
Dental Health
Specialty Clinic
Other Public Health Services
Including Medicaid Nursing Home Screening
Public Health Service provided under local ordinance
Including Insect Control, Rodent Control, Swimming
Facilities and Grocery Store Delicatessens.
The City Manager recommended that he be authorized to execute
an amendment to the contract, in a form to be approved by the City
Attorney, with the State Health Department as provided for in the Health
Laws of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34210-031599) A RESOLUTION authorizing the City Manager or
his designee to enter into an amendment to the contract with the
Virginia Department of Health relating to the operation of the local
Health Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 437.)
Mr. Harris moved the adoption of Resolution No. 34210-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
147
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
DRUGS/SUBSTANCE ABUSE-MENTAL HEALTH SERVICES-BLUE
RIDGE COMMUNITY SERVICES: The City Manager submitted a written
report advising that the By-Laws of Blue Ridge Community Services of
Roanoke Valley were revised by the Board of Directors at its meeting
on December 3, 1998; and revised By-Laws reflect the current
standards set by the State Department of Mental Health, Mental
Retardation and Substance Abuse Services as set forth in the Code of
Virginia by the 1998 Session of the General Assembly.
It was further advised that a change in By-Laws is subject to
approval of the participating governing bodies, as required by
regulations promulgated under Title 37.1, Chapter 10, Code of Virginia;
and Blue Ridge Community Services of Roanoke Valley Board has
requested that Council ratify the following changes to the By-Laws:
Article II, Section I - add "to serve as an operating
Community Service Board providing".
Article II, Section III - add "emergency services".
Article III, Membership - delete "approved" and add
"jointly appointed" and "one third of the appointments to
the Board shall be identified consumers or family
members of consumers, at least one of whom shall be a
consumer receiving services. The Board shall inform the
member governments of the number of Board members in
each of the above categories prior to each appointment
cycle" .
Article III - Membership, Paragraph 2, change "two" to
"three" regarding terms of services.
Article IV - Powers and Duties, Section 4, delete
"programs of' and replace with "performance contract".
148
ACTION:
Article IV - Powers and Duties, Section 9, delete
"deposited in a special account designated by the political
subdivision serving as fiscal agent as specified by
agreement of' and add "included in the performance
contract submitted to".
Article IV, Section 13, add "by an independent auditor
approved by the City of Salem, serving as fiscal agency by
agreement of the participating governments".
Article XV - delete "two weeks" and replace with "five
days".
The City Manager recommended that Council ratify the changes
as recommended by the Board of Directors of Blue Ridge Community
Services of Roanoke Valley, pursuant to regulations promulgated under
Title 37.1, Chapter 1 0, Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be referred back to the City Manager.
REPORTS OF COMMITTEES:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-RAILSIDE
LINEAR WALK: Council Member Carroll E. Swain, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in
connection with bids received by the City for construction of Phase III
of the Railside Linear Walk project which will connect the Historic
Market area and the Virginia Museum of Transportation and follows the
main line ofthe Norfolk Southern Railway located along Norfolk Avenue
and continues to the south side of the Warehouse Row buildings.
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to execute a contract for
construction of Phase III of the Railside Linear Walk along
Norfolk Avenue between First Street and Market Street, in
ACTION:
149
a form to be approved by the City Attorney, with Acorn
Construction, Ltd., in the amount of $846,000.00, with a
contingency of $67,680.00 and 180 calendar days to
complete the project.
Authorize the Director of Finance to complete the
following transactions:
Transfer $788,000.00 from 1-581 Interchange
Account No. 008-052-9545-9001 to Account No. 008-052-
9072-9001, Railside Linear Walk.
Transfer $125,680.00 from proceeds of 1996 Public
Improvement Bonds - Parks Account No. 008-052-9701-
9180, to Account No. 008-052-9072-9001, Railside Linear
Walk.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee. ..
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34211-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 438.)
Mr. Swain moved the adoption of Ordinance No. 34211-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers----------------------------------------------_____-----------7.
NAYS: None-------------------------------------------~~_____----------------------0.
Mr. Swain offered the following emergency ordinance:
150
ACTION:
(#34212-031599) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for construction of Phase III of the Railside Linear
Walk along Norfolk Avenue between First Street and Market Street,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 439.)
Mr. Swain moved the adoption of Ordinance No. 34212-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
Council Member White requested that Council be provided with
an estimate of the remaining balance in completed Capital Projects
accounts for review at the Financial Planning Session to be held on
Saturday, March 20, 1999, at 8:30 a.m.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
POLICE DEPARTMENT-TRAFFIC-CITY CODE: Ordinance No.
34197, amending or repealing certain sections of the City Code relating
to parking meters, and deleting authorization to install and maintain
parking meters in the City, having previously been before the Council
for its first reading on Monday, March 1, 1999, read and adopted on its
first reading and laid over, was again before the body, Mr. Hudson
offering the following for its second reading and final adoption:
(#34197-031599) AN ORDINANCE removing and eliminating the
authorization for the installation, maintenance, and use of parking
meters on City property by amending ~4-7, Same - Same - Parking
Violations, fi20-65, Parking Prohibited in Specified Places, ~20-68, Time
Limitations on Parking, ~20-69, Parking Regulations on Property of
ACTION:
.1.'1. 1.____,..1.J.,., I .nT......L
151
Virginia Western Community College. fi20-76, Parking Spaces Reserved
for Persons with Disabilities, fi20-88, Duties of Police Officers, and ~21-
22, Fraudulent Use of Pay Phones. Parking Meters. and other Coin-
Operated Machines: by repealing, fi4-5, Regulation of Vehicular and
Pedestrian Traffic - Powers and Duties of City Manager. ~4-8,
Damaging. Tampering with etc.. Parking Meters, ~20-77, Parking Meter
Zones, ~20-77.1, Parking meter zones at Virginia Western Community
College, ~20-78, Installation and Operation of Parking Meters: Time
Limits: Rates, fi20-79, How Parking Meters and Space to be Used:
Overtime Parking, ~20-80, Manner of Parking Vehicles at Spaces with
Meters. fi20-81, Exemptions from Certain Requirements of Parking
Meter Regulations, fi20-82, Use of Slugs, fi20-83, Injuring or Tampering
with Meters, fi20-84, Effect of Division on Other Parking Regulations,
~20-114, Metering of Unassigned Spaces, of the Code of the City of
Roanoke (1979), as amended, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 423.)
Mr. Hudson moved the adoption of Ordinance No. 34197-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite a nd Mayor Bowe rs --------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY EMPLOYEES: Council Member White advised that it was his
understanding that Council previously established a policy that the
total number of City employees would not increase. He requested that
the City Manager and the Director of Finance provide the following
information at the Financial Planning Session on Saturday, March 20,
1999:
When was the policy established and is the policy still in
effect?
152
Total number 'of City employees.
Has the City employee complement increased or
decreased? Why?
What is the direction of Council to the City administration
regarding employee complement?
It was the consensus of Council that the matter would be referred
to the City Manager and the Director of Finance for report to Council at
the Financial Planning Session on Saturday, March 20, 1999.
COMPLAINTS-FLOOD REDUCTION/CONTROL: Council Member
Wyatt inquired as to the status of concerns expressed by Mr. Mark S.
Reynolds in regard to flooding conditions in the Mudlick Creek area of
the City; whereupon, the City Manager advised that the matter is on the
pending list of items to be addressed and a report will be presented at
a future City Council meeting.
COMPLAINTS-PARKS AND RECREA TION-BRIDGES-COUNCIL:
Council Member Swain expressed concern with regard to litter on Wiley
Drive and the low water bridge leading to Wasena Park.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
AUDITS/FINANCIAL REPORTS-COUNCIL-ECONOMIC
DEVELOPMENT: Council Member Swain called attention to the manner
in which the City of Roanoke is portrayed in the Virginia State
Economic Information System, and advised that Council should
support the City administration in its efforts to en$ure that Roanoke is
properly presented in the State Information System.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
Council Member Swain spoke in support of performing an audit
of the most recent economic development projects which were
approved by the City of Roanoke to ensure that certain commitments
are in line with the City's financial projections.
ACTION:
153
It was the consensus of Council that the matter would be referred
to the Audit Committee for appropriate response.
COUNCIL: The Mayor called attention to the ever increasing
number of requests by citizens/organizations for representation by the
Mayor's Office at special activities/events. He pointed out that this is
an important part of the every day activities of the Mayor's Office that
most citizens are unaware of and he would be appreciative of the
assistance of Council Members by representing the Mayor's Office on
an as needed basis at special activities and events.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:45 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite and Mayor Bowe rs --------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
OA THS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised
that the term of office of James M. Turner, Jr., as a member of the
Roanoke Regional Airport Commission expired on March 9, 1999, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of James M. Turner, Jr.
154
ACTION:
There being no further nominations, Mr. Turner was reappointed
as a member of the Roanoke Regional Airport Commission, for a term
ending March 9, 2003, by the following vote:
FOR MR. TURNER: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers------------------------------------------7.
At 5:30 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, March 15, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris,
W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White,
Sr., and Mayor David A. Bowers-----------------------------------------------------7.
ABSENT: None-------------------------------------------------------------------0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City ~-
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Members of the Virginia Skyline Girl Scout Council.
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 16, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
applications for the position of City Attorney, which applications will be
received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31, 1999.
-
ACTION:
155
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
SCHOOLS: On June 30,1999, the three year terms of Charles W.
Day and Brian J. Wishneff as Trustees of the Roanoke City School
Board will expire.
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Trustees, Council, as a Committee of the whole, agreed to
review and consider all candidates for the position of School Trustee,
and at such meeting Council shall review all applications filed for the
position and may elect to interview candidates for such positions, the
matter was before the body.
Prior to the deadline of March 10, 1999, the following persons
submitted applications:
Toni J. Brandon
Charles W. Day
Christine C. Proffitt (Application withdrawn)
Michael W. Ridenhour
Brian J. Wishneff
Without objection by Council, the Mayor advised that the
applications will be received and filed and the abovenamed applicants
will be interviewed by Council on Wednesday, April 21, 1999, at 6:00
p.m., in the City Council Chamber. (The location was later changed to
the Social Services Conference Room, Room 306, Municipal North.)
PUBLIC HEARINGS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday, March 15,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
156
ACTION:
consider a proposal by the City of Roanoke to convey, by exchange, a
portion of City-owned property bearing Official Tax No. 3250801, being
a vacant lot along Tinker Creek in the vicinity of Sand Road, N. E., the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, March 7, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Water Resources Committee submitted a written report
under date of March 1, 1999, recommending that Council authorize the
City Manager to take appropriate action to advertise a public hearing
and, lacking any comments to the contrary, enter into an agreement
with Robert M. and Carolyn H. Callahan, in a form to be approved by the
City Attorney, to allow an exchange of property along Tinker Creek in
the vicinity of Sand Road, N. E., and to execute all necessary
documents to effect the exchange of property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34213) AN ORDINANCE authorizing the exchange of certain
City-owned property along Tinker Creek in the vicinity of Sand Road,
N. E., for certain adjacent property owned by Robert M. Callahan and
Carolyn H. Callahan, upon certain terms and conditions, and
authorizing the City Manager to sign the necessary documents to effect
this exchange.
(For full text of Ordinance, see Ordinance Book No. 61, page 445.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34213 was adopted, on its first reading, by the following
vote:
__.1._
157
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
Wh ite and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
OTHER HEARING OF CITIZENS:
CITY EMPLOYEES-FIRE DEPARTMENT-PENSIONS: Mr. Wilbur A.
Drewery, 844 Dillon Drive, Vinton, Virginia, a former employee of the
Roanoke City Fire Department, addressed Council with regard to his
retirement from the Fire Department just 23 days prior to adoption by
Council of a certain pension incentive ordinance which would have
netted him more retirement income. He advised that it was his
understanding that once documents are executed by an employee to
receive City pension benefits, they cannot be rescinded; however, he
called attention to two Fire Department employees who were allowed
to return to service in order to receive the enhanced retirement benefit.
He expressed concern that he was not afforded the same privilege in
order to receive the increased benefit, and requested that he be granted
the additional pension benefit inasmuch as he retired just 23 days
before enactment of the ordinance by Council. (No action was taken by
Council on the request.)
CITY MANAGER: Mr. James Armstrong, 619 Highland Avenue,
S. W., addressed Council in regard to the process for selecting a new
City Manager, and advised that selection of a City Manager is the single
most important thing that Council Members will be called upon to do.
He stated that the public has already participated to a large extent in
the process by electing Members of Roanoke City Council, and there
has already been a considerable amount of discussion concerning
additional public involvement, although the lack of clarification has
resulted in confusion. He explained that citizen input is, at best,
advisory, however, comments by some Council Members have been
misleading. He advised that if Council continues to make the process
public at the beginning, it will restrict choices among candidates who
may be willing to submit themselves for consideration because there
is a significant advantage to confidentiality; however, the City could be
at risk of breaking down the level of confidentiality and the confidence
that potential candidates need to insure that their application will be
treated privately. He recommended that Council do its job well, quickly
and quietly, and that Council listen to but not prejudge candidates or
make public comments about who mayor may not replace the former
City Manager.
158
TRAFFIC-COMMISSIONER OF REVENUE: Mr. Thomas O.
Bradley, 2042 Westover Avenue, S. W., addressed Council with regard
to suggested procedures for handling City vehicle decal transfers. He
presented two scenarios for consideration that would allow the City
decal number to be included on the Virginia transfer of license plate
form, or, execution of an application for transfer of decal at the time of
purchase of the vehicle.
The Mayor requested that the matter be referred to the
Commissioner of the Revenue and to the City Manager for further
discussion with Mr. Bradley.
ACTS OF ACKNOWLEDGEMENT-YOUTH: Members of the
Virginia Skyline Girl Scout Council addressed Council in connection
with the 87th birthday of Girl Scouting which was observed on
March 12,1999, and presented each Member of Council with a box of
Girl Scout Cookies.
There being no further business, the Mayor declared the meeting adjourned
at 7:55 p.m.
APPROVED
ATTEST: ~
Ih.. AA..y 1. r~
Mary F. Par~er
City Clerk
Sl>~
David A. Bowers
Mayor
.-
\
159
SPECIAL MEETING------ROANOKE CITY COUNCIL
March 19, 1999
9:15 a.m.
The Council of the City of Roanoke met in special session on Friday,
March 19, 1999, at 9:15 a.m., at the Clarion Hotel - Ballroom C, 2727 Ferndale Drive,
N. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section
10, Meetings of Council, Charter of the City of Roanoke.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, Linda F. Wyatt and Mayor David A. Bowers---------------------------------------------5.
ABSENT: Council Members C. Nelson Harris and William White, Sr.----------2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
The special meeting was called pursuant to the following communication from
the Mayor under date of March 18, 1999, for the purpose of considering and adopting
measures relating to an economic development matter concerning the location of
a business or industry in the City and incentives for such business or industry and
an application to the Commonwealth of Virginia Department of Transportation for
Industrial Access Road Funds to provide access to a new industrial facility.
March 18, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Re: Request for Special Meeting of Council on Friday, March 19, 1999
160
Dear Members of Council:
In accordance with the provisions of Section 10, Meetings of Council, of the Charter
of the City of Roanoke, I hereby call a Special Meeting of Council and provide you
with notice of that meeting. The Special Meeting is for the purpose of considering
and adopting measures relating to an economic development matter concerning the
location of a business or industry in the City and incentives for such business or
industry and an application to the Commonwealth of Virginia Department of
Transportation for Industrial Access Road Funds to provide access to a new
industrial facility.
The special meeting of Council will be held on Friday, March 19, 1999, at 9:15 a.m.,
at the Clarion Hotel, Ballroom C, 2727 Ferndale Drive, N. W., Roanoke, Virginia.
Sincerely,
David A. Bowers
Mayor
DAB:jsj
GET/DAB/jsj
pc: W. Robert Herbert, City Manager
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Glenn D. Radcliffe, Director of Human Development
George C. Snead, Director of Public Safety
Willard N. Claytor, Director Real Estate Valuation
Robert H. Bird, Municipal Auditor
Phillip F. Sparks, Chief of Economic Development
Charles Huffine, City Engineer
Mary F. Parker, City Clerk
BON DS/BON D ISSUES-BUDGET-INDUSTRIES-
TRANSPORTATION FUND-ECONOMIC DEVELOPMENT: The City
Manager submitted a written report advising that Dr. Ronald Blum, a
Roanoke resident and entrepreneur, founded Innotech which
161
incorporated in 1990; Innotech soon became a leader in eyeglass lens
technology; Johnson and Johnson purchased Innotech in March 1997;
and Innotech merged into Johnson and Johnson Vision Products, Inc.
(J & J) in October 1998.
It was further advised that J & J wishes to construct a new,
modern manufacturing and distribution facility in the City of Roanoke
specializing in vision products; the $125 million investment in new
construction and equipment within the City is expected to occur within
the first five years after completion of construction; the investment is
expected to double in size to $200 million within ten years; the project
will be the largest industrial investment in the history of the City of
Roanoke and the Roanoke Valley, with the initial building comprising
approximately 143,000 square feet; and J & J expects to employ 600
people within three years of opening, with employment projections
proposed to increase to 1200 by the tenth year.
It was explained that the Maury L. and Shelia S. Strauss property
between the Clarion Hotel and Countryside Golf course consisting of
31.206 acres has been sold to J & J for the new facility, and closing
occurred on January 19, 1999; the property is located in a
Commonwealth of Virginia Enterprise Zone known as the
581/Hershberger Subzone, which was awarded by the Commonwealth
of Virginia in October, 1998; two million dollars is expected to be made
available to the City from the Governor's Opportunity Fund (GOF) by
Governor Gilmore, from which site acquisition will account for
$1,600,000.00 and $400,000.00 for services of architects, engineers and
other consultants; the Virginia Economic Development Partnership has
informed J & J that certain incentives from the state government will be
available to J & J, subject to J & J's qualification, as follows:
Enterprise Zone Investment Tax Credit $5,500,000.00
Major Business Facilities Job Tax Credit 800,000.00
($1000.00 credit per job)
CIT Research funds 300,000.00
Recruiting and Training
cost avoidance 1.842.304.00
($800.00 per job)
, 8,442.304.00
162
Minimum Total Tax Credits and Grants from
the Commonwealth of Virginia (including GOF
of $2,000,000.00) $10~304.00
It was noted that the City's appropriation or donation to the
project will be $9,174,611.00, as follows:
$2,000,000.00 - cost of off-site improvements such as
improvements to public roads, expansion of Frontage
Road and cost of right-of-way acquisition.
$4,600,000.00 - to the Industrial Development Authority
(IDA) to grant to J & J for infrastructure improvement on
the property.
$2,574,611.00 - to the IDA to grant to J & J for purchase of
equipment for job training and production.
It was advised that $7.6 million is needed to fully fund the City's
proposed appropriation or grant of $9,174,611.00; up to $450,000.00 in
State Industrial Access Road Funds will be requested from the
Commonwealth of Virginia Department of Transportation to apply
toward infrastructure cost; the Industrial Development Authority has
authority to make grants to promote economic development; the City
intends to appropriate $7,174,611.00, plus funds received from the
Governors Opportunity Fund, to the IDA to fund grants to J & J; and the
IDA has approved, by resolution, the City's request for it to provide the
described package of incentives to J & J or its assigns.
It was further advised that the City will enter into a Performance
Agreement with J & J committing J & J to the following:
J & J will expend a minimum of $125,000,000.00 within the
City between July 1, 1998 and the fifth anniversary of the
construction completion date of July 1, 2000; if the total
amount of expenditures is less than $125,000,000.00, J & J
will promptly reimburse and repay the IDA 7.34 per cent of
the amount by which such capital investment is less than
$125,000,000.00.
"-
163
J & J commits to provide a minimum of 600 full-time jobs
within the City of Roanoke within 36 months from the date
J & J has obtained a permanent certificate of occupancy
for the facility and begins shipment of its product; if J & J
has not provided 600 such jobs by that date, then J & J
shall be entitled to keep only the percentage of the
$2,000,000.00 equal to the percentage of 600 such jobs
provided by that date and be obligated to repay the IDA
the remaining percentage for reimbursement to the
Governor's Opportunity Fund.
It was pointed out that J & J intends to begin construction by
June 30, 1999, and to begin production of its products by July 1, 2000;
the City anticipates a full return on its investment in less than eight
years from the time the facility is in production; and the Code of
Virginia gives localities the authority to issue bonds under the Public
Finance Act by holding a public hearing.
The City Manager recommended that Council approve the
following actions:
Appropriation of up to $11,174,611.00 (to include up to
$2,000,000.00 of expected GOF funds) -less $2,000,000.00
for off site improvements for Economic Development
purposes to the IDA to fund a grant to J & J.
Authorize the City Manager to enter into the performance
agreement with the IDA and J & J, or its assigns, in a form
to be approved by the City Attorney and substantially
similar to the agreement attached to the report and
allowing the IDA to make an Economic Development grant
to J & J providing for "eligible cost" including land
acquisition, site preparation, engineering, design cost,
construction cost and other cost including financial cost,
legal cost, management cost and related consultant fees;
the portion of the grant funded with money from the
Governor's Opportunity Fund will be used only toward
qualified project investment under the Fund's rules and
regulations.
164
Authorize the City Manager to request and accept up to
$2,000,000.00 from the Governor's Opportunity Fund and
appropriate up to $2,000,000.00 from the Governor's
Opportunity Fund proceeds to a new Economic
Development Fund Account entitled" J & J Development",
Account No. 008-002-9701; establish an accounts
receivable for the Governor's Opportunity Fund proceeds
of up to $2,000,000.00; upon certification of funding by the
City's Director of Finance.
Authorize the City Manager to request and accept
$450,000.00 from the Commonwealth of Virginia
Department of Transportation in Industrial Access Road
Funds and appropriate the funds to a new Capital Projects
Fund Account entitled "J & J Off-Site Improvements,"
Account No. 008-002-9700, and establish an accounts
receivable for the State Industrial Access Road Funds for
$450,000.00.
The following is a breakdown of proposed improvements
and funding:
Improvements and Extension of Frontage Road
Extension of Ordway
Cul-de-sac Ferndale at Ordway and at J & J property
Total anticipated City cost
less Industrial Access Road Fund
$2,000,000.00
-450.000.00
Net anticipated City cost $1.550,000.OQ
(which includes $150,000.00 matching
funds required for Industrial Access
Road Funds)
Appropriate $1,124,611.00 from Undesignated Capital
Funds to a new Capital Projects account entitled "J & J
Off-Site Improvements", Account No. 008-002-9700.
Authorize the City Clerk to advertise a public hearing to be
held on April 19, 1999, for the purpose of receiving citizen
input on the issuing of $7.6 million in bonds under the
Public Finance Act of the Code of Virginia.
ACTION:
165
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34214-031999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 440.)
Mr. Hudson moved the adoption of Ordinance No. 34214-031999.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt and
ftnCl)'()r E3()'^'Etr!5-----------------------------------------------------------------------------!5.
NAYS: N()I1Et----------------------------------------------------------------------__().
(Council Members Harris and White were absent.)
Mr. Hudson offered the following emergency ordinance:
(#34215-031999) AN ORDINANCE authorizing the proper City
officials to execute a Performance Agreement among the City of
Roanoke (City), the Industrial Development Authority of the City of
Roanoke, Virginia (Authority), and Johnson & Johnson Vision Products,
Inc. (J&J) that provides for J&J to provide jobs, equipment, and make
an investment for the acquisition, development, and construction of a
new facility in the City of Roanoke; that the City will undertake to
provide certain public improvements in the vicinity of such new facility;
that the City will make an appropriation of up to $9,174,611 to the
Authority, all for the purposes of promoting economic development;
authorizing the proper City officials to apply for and accept a grant or
donation from the Governor's Opportunity Fund of an amount up to
$2,000,000 to be added to the above appropriation and made available
to the Authority; authorizing the City Clerk to advertise for a public
hearing; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 442.)
166
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34215-031999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt and
ftftil)(()r B()\ftIEtrs------------------------------------------------------------------------------!5.
NAYS: N()I1Et--------------------------------------------------~---~----------------Cl.
, . .
(Council Members Harris and White were absent.)
Mr. Trout offered the following resolution:
(#34216-031999) A RESOLUTION authorizing the City Manager to
make application to the Commonwealth of Virginia Department of
Transportation for Industrial Access Road Funds in an amount up to
$450,000.00 for roadway construction to provide adequate industrial
access to the former Maury L. and Shelia S. Strauss property, tax map
numbers 6460101 and 6460106, in the City of Roanoke for a new
corporate prospect and authorizing the execution of any required
documentation on behalf of the City for acceptance of any such funds
which may be awarded.
(For full text of Resolution, see Resolution Book No. 61, page 443.)
Mr. Trout moved the adoption of Resolution No. 34216-031999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt and
ftfta)(()r EJ()WEtrs------------------------------------------------------------------------------!5.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
(Council Members Harris and White were absent.)
167
There being no further business, the Mayor declared the special meeting
adjourned at 9:35 a.m.
APPROVED
ATTEST: ~
fit~Jr~
Mary F. Parker
City Clerk
~~Q~-
~I....- __
David A. Bowers
Mayor
168
FINANCIAL PLANNING SESSION-----------ROANOKE CITY COUNCIL
March 20, 1999
8:30 a.m.
The Council of the City of Roanoke held its Financial Planning Session on
Saturday, March 20, 1999, at 8:30 a.m., in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, with Mayor David A. Bowers
presiding.
CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and
ftftCl)r()r [)Cl"icl A. E!()WEtrs-----------------------------------------------------------------------------------i7.
AB!)E:N"I": N()I1Et--------------------------------------------------------------------------------------().
SCHOOL BOARD MEMBERS PRESENT: F. B. Webster Day, Sherman P. Lea,
Brian J. Wishneff, Ruth C. Willson, Charles W. Day, Melinda J. Payne and
C ha i rperson Ma rsha W. Ell ison ------------------------------------------------------------------------7.
ABSE:N"I": N()I1Et--------------------------------------------------------------------------------------().
OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; William X Parsons, Assistant City Attorney; James D.
Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director,
Real Estate Valuation; Robert H. Bird, Municipal Auditor; Betty Jo Anthony, Chief
Assistant, Commonwealth's Attorney; Jesse A. Hall, Deputy Director of Finance;
Diane S. Akers, Budget Administrator; Sherman S. Stovall, Budget/Management
Analyst; George C. Snead, Jr., Director, Public Safety; Kit B. Kiser, Director, Utilities
and Operations; William F. Clark, Director, Public Works; Glenn D. Radcliffe,
Director, Human Development; Kenneth S. Cronin, Manager, Personnel Management;
Barry K. Agnew, Administrator - Pay/Classification, Personnel Management;
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools; Kenneth F.
Mundy, Jr., Controller, Roanoke City Public Schools; Michael A. Cooper, Acting
Middle School Assistant Principal, Roanoke City Public Schools; Senator John S.
Edwards and Delegate A. Victor Thomas.
On behalf of the MembEtrs of Council, the Mayor welcomed everyone to the
meeting and advised that the session is a follow up to the Financial Planning
Session which was held on Saturday, January 16, 1999, at the Roanoke Regional
169
Airport. He stated that the School Board was invited to attend the meeting to
discuss long range capital project needs ofthe school system; whereupon, he called
upon the Chairperson of the School Board for remarks.
Ms. Ellison advised that Council's invitation to the School Board
demonstrates a commitment to strengthening the working relationship between City
Council and the School Board and also demonstrates to the School Board and to the
citizens of Roanoke the high value that is placed on maintaining updated school
facilities and up to date and state of the art school buildings. She stated that the
commitment of the City to maintain outstanding facilities can be seen through the
following examples: (1) the City's commitment to pay the debt service and the bond
issue to renovate the seven oldest elementary schools, i.e.: Highland Park, Oakland,
Crystal Spring, Forest Park, Virginia Heights, Morningside, and Wasena; and (2) the
City's commitment to share in the cost of renovating four middle schools, i.e.:
Stonewall Jackson, Breckinridge, Woodrow Wilson, and Lucy Addison which is
scheduled to reopen in August 1999. She called upon Superintendent Harris to
present capital project needs of the school system over the next 10 to 15 years and
Mr. Wishneff to discuss the importance of a shared long term capital needs plan that
will provide for renovations to Patrick Henry and William Fleming High Schools.
Dr. Harris presented a summary of past actions, plans for the next three years
and beyond to the year 2010, and calculations with regard to debt service paid by
the City for school facilities, and a projection to the year 2010 as to anticipated
needs.
Superintendent Harris advised that in 1989, seven elementary schools were
renovated: Highland Park, Oakland, Crystal Spring, Forest Park, Virginia Heights,
Morningside and Wasena, all of which were constructed before 1930; three middle
schools were renovated: Jackson, Breckinridge and Woodrow Wilson and Addison
will come on line by mid July. He called attention to major improvements to Huff
Lane, Round Hill and Hurt Park and during the summer months, the air conditioning
system at William Ruffner will be replaced. He reviewed projections for fiscal year
2000-2002 which do not have funding, but are a part of the Capital Improvements
Program that will be presented to the School Board in May, and involves school
facilities throughout the City based on age and condition of those facilities. He
advised that Priority I projects include Garden City, Grandin Court, Preston Park,
and Roanoke Academy for Math and Science; Priority II includes Madison, Priority
III includes Fairview and Fishburn Park, Priority IV includes Fallon Park, Lincoln
Terrace, Virginia Heights and Westside, and Priority V includes Monterey and
Raleigh Court. He explained that these improvements involve central air
conditioning at nine elementary schools, replacing modular classrooms currently
in use at nine elementary schools (a total of 53 rooms in modular buildings), Iibrary-
170
media centers are proposed to be expanded at three elementary schools, gyms
added at two elementary schools, and obsolete air conditioning will be replaced at
one elementary school and one middle school. He reviewed information on school
debt service, fiscal year 1995 - 2008, and called attention to the need for
improvements to Patrick Henry and William Fleming High Schools, at a total cost of
approximately $75 million, with Patrick Henry proposed to be the first high school
to be renovated in April 2005 and completed by August 2007, to be followed by
William Fleming improvements in April 2008 and completed in August 2010 ($60
million bond funds and $15 million literary fund loans).
Mr. Wishneff advised that 11 schools have been renovated at a cost of over
$75 million. He further advised that in order to continue the momentum, architects
have been hired to prepare drawings to eliminate modular classrooms and for
certain other projects. He stated that in the near future, decisions will have to be
made on funding and on Priorities I - V as previously reviewed by Dr. Harris. He
called attention to the need to begin dialogue with the entire community regarding
high school renovations in the range of $75 million and, in addition, there is a desire
to find ways to construct facilities and share those facilities with the entire
community outside of regular school hours. He noted that Victory Stadium
renovations have not been addressed in the debt service which will be a critical
issue for both City Council and the School Board. He advised that the School Board
is requesting a partnership between Council and the Board which will address the
next ten years and funding sources for the needed improvements.
(See hand-out on file in the City Clerk's Office.)
Mr. White inquired as to what per centage will be saved in maintenance costs
and operations as a result of proposed school improvements/renovations;
whereupon, Dr. Harris advised that he would provide the requested information at
a later date.
There was discussion with regard to replacing modular classrooms;
whereupon, Senator Edwards called attention to a bill which he sponsored at the
General Assembly level that would have created an Education Infrastructure Trust
Fund to provide that lottery money would be used for capital needs for schools,
technology, renovations, maintenance, and new construction which would have
provided a permanent trust fund that localities could rely upon year after year. He
explained that this type of bill is needed to provide a long term revenue stream that
could be counted on year after year in order to leverage bonds, etc.; however, the
bill was defeated in the General Assembly.
_L,
171
The Mayor requested that the matter be referred to the City's Legislative
Committee for consideration as to inclusion in the City's 2000 Legislative Program.
The Director of Finance reviewed General Fund revenue trends, capital
funding needs analysis, creating future debt capacity, new revenue sources, re-
engineering efforts and other fiscal issues.
The following points were made:
The main sources of revenue are based on real estate and personal
property taxes.
The revenue base for State and Federal Governments is based on
income and income has far out performed property values across the
country.
It is anticipated that local tax growth in the City of Roanoke in the year
2000 will be less than three per cent.
The City Manager advised that it is not enough to rely on a reduction in
existing debt service to fund future bond issues. He stated that it is critical that City
staff develop a plan of action to fund capital improvements and to maintain and
improve infrastructure, and urged that Council take a five to ten year view in terms
of compiling a Capital Improvements Program.
Ms. Akers presented information on capital needs analysis, advising that the
current five year CIP totals $321,825,908.00 which includes a variety of funding
sources, i.e.: bond funds, federal, state and other local government funds, retained
earnings from enterprise funds, school capital funds, Literary and VSPA loans,
capital fund interest earnings, and third party funding. She presented a history of
bond issues since 1988; i.e.: 1988 - public improvements including storm drains,
schools, streets and parks ($10 million) and the same type of improvements in 1992
($22.05 million) but to a larger magnitude; 1994 - jail expansion, juvenile home
expansion and hotel conference center ($20.10 million); 1996 - public works
improvements for schools, streets, storm drains and 1-581 interchange ($31.30
million); and 1997 - $13.01 million and 2000 - $26.02 million. She advised that on
average, bonds have been issued every three years, averaging $20 - $25 million.
Mr. Hall presented information on bond issues that the City is currently
committed to, i.e.: $13.01 million issue in December 1997 remaining and $26.02
million to be issued on or before January 1, 2000. He stated that other potential
bond issues are:
172
$7.5 million for Roanoke River Flood Reduction (approved by voter
referendum in April 1989).
$2.5 million for the Higher Education Center, Fiscal Year 1999 General
Fund budget designated $250,000.00 for debt service for these bonds.
$9 million for Victory Stadium - Fiscal Year 1999 General Fund budget
designates $300,000.00 for debt service for these bonds with a
commitment to add additional funding over the next two years.
$7.6 million for J & J economic development project - debt service to
be repaid over a ten year period from incremental revenue generated
for this project.
Mr. Hall reviewed charts demonstrating existing debt service, fiscal year 1999-
2009 and pro forma debt service requirement for Fiscal Year 1999 - 2009 which
assumes issues of $25 million in 2003 and again in 2006 and is derived from the
City's past history of (debt) issues whereby $20 million to $30 million has typically
been issued approximately every three years. He advised that based on the pro
forma chart, $2 million additional annual debt service will be needed for 2004, $2
million additional annual debt service will be needed by 2007 for the next projected
bond issue, and an annual debt service should increase approximately $500,000.00
to $550,000.00 per year to fund anticipated general government capital needs.
Mr. Grisso discussed increased debt capacity through revenue initiatives, new
revenue sources, re-engineering or cost reduction, service reduction or providing
services in a better or more efficient way, increase in state revenues, and
development of a funding strategy. He reviewed potential revenue initiatives, i.e.:
real estate, personal property, utility consumer, cigarette, lodging, meals, E-911 and
motor vehicle decal.
Mr. Grisso presented a directory of 1998 tax rates compiled by the University
of Virginia and referred specifically to page ten which shows that Roanoke's current
tax rate is $1.22 per $100.00 of assessed value. He stated that the highest stated real
estate tax rate in Virginia is tied between Richmond and Petersburg, which is $1.43
per $100.00 of assessed value, and the lowest tax rate exists in the State is
Williamsburg which is $.54 per $100.00 of assessed value. He referred to Page 90 in
regard to the personal property tax rate which shows that Roanoke's tax rate is
$3.45, and the median rate for cities in Virginia is $2.80, therefore, Roanoke
compares favorably.
IF ,I
173
Mr. Swain requested figures on service charges imposed by the City of
Roanoke.
Mr. Grisso reviewed potential new revenue sources that the City of Roanoke
has not heretofore authorized but is available; i.e.: cable television utility tax - seven
per cent of gross receipts, or $1,190,000.00; daily rental tax - video, heavy equipment
for construction - one per cent of rental receipts or $100,000.00 annual revenue; and
meals tax sellers discount - eliminate three per cent discount - annual revenue would
be $195,000.00.
Mr. Herbert reviewed re-engineering efforts and advised that the Municipal
Auditor has completed an analysis of regional refuse collection and it appears that
a $700,000.00 savings could be generated; however, he stated that the tonnage
which is taken to the regional landfill has increased significantly and used a
considerable amount of the savings. He called attention to another potential
savings, in the amount of $270,000.00, if the City and County combine refuse
collection routes.
Mr. Herbert stated that the curbside recycling program is offered to
approximately two-thirds of the City's residential customers and while the general
concept of recycling is popular, only about 50 per cent of Roanoke's citizens
participate in the voluntary program. He added that while the general concept of
recycling has worked, it costs approximately $500,000.00 annually to operate the
program; the demand for recyclable goods has declined which has increased the
cost to provide a curbside recycling program, and until recently the cost of
operating curbside recycling was lower than the cost of disposal at the landfill. He
explained that the City may be at the point where it should review the effectiveness
of the recycling program, and determine if there is sufficient interest in investing
public tax dollars in the program. He called attention to the need to look at program
cost containment, an example of which is the Comprehensive Services Act. He
advised that when the City sells the next series of bonds (at least $26 million), bond
rating agencies will ask a series of questions to which they already know the
answers, and City staff is looking to Council for direction regarding long range
Capital Improvement Program financing.
Mr. Swain requested that Mr. Herbert provide Council with written suggestions
on re-engineering efforts based upon his 14 years of experience as City Manager.
Mr. Cronin introduced Dr. James Fox, representing the firm of Fox Lawson &
Associates Compensation and Human Resources Specialists, which firm was hired
by the City to evaluate the competitiveness of the City's pay and benefits program.
174
Dr. Fox reviewed portions of a report entitled, "City of Roanoke -
Classification, Compensation and Benefits Review" encompassing information on
project objectives, the study process, and market survey details.
General findings are as follows:
The classification and compensation system is sound and well
managed.
No major changes are suggested in the way pay is managed.
The City needs to raise pay if it wants to be competitive with its
recruiting labor market.
Alternatives are available to manage the way an employee moves
through the pay range.
Findings with regard to classifications. job descriptions. and job
evaluation are as follows:
The City's job descriptions need to be upgraded.
The City's job evaluation system works, however, better systems are
available.
Findings with regard to benefits are as follows:
The City's benefit package, calculated as a per cent of payroll, costs
about four per cent less than the market average.
The City's low health care costs are primarily responsible for the lower
costs.
The Pension plan is above the market averages.
Overall, the benefits program is very competitive with the market.
Findings with regard to compensation are as follows:
The City's pay levels are competitive with the relevant recruiting market
for jobs in grades 2 - 10.
J,t I
175
The City's pay levels are below the recruiting market by 11 per cent for
jobs in grades 11 - 20.
The method of moving employees through the range is not well
understood by employees.
Recommendations with regard to benefits and compensation are as
follows:
The City explore the possibility of adopting a cafeteria benefits plan.
This will provide greater flexibility to the City in hiring.
In addition, it will recognize the diversity of needs of the City's
workforce.
The City increase the pay structure of grades 2 -10 by 2.3 per cent.
The City increase the pay structure of grades 11 - 20 by 11 per cent.
The City should not abandon the open salary ranges.
The City should explore modifying how employees move through the
ranges.
For example, employees and managers alike want more recognition for
learning new skills, being more productive or a program that
recognizes their contributions.
Other public organizations are having great success with programs
such as skill based pay, or goal sharing or gains sharing.
Recommendations with regard to classification and job evaluation:
The City should update its job descriptions to be more current and
accurate.
The City should explore replacing its job evaluation system.
The City should explore the concept of more broadly defining the jobs
to reduce the number of job titles. This will increase managerial
flexibility.
176
(See summary of report on file in the City Clerk's Office.)
The Mayor requested more information on those grades in the middle of the
pay plan, specifically grades 7 -10 and grades 11 -15; whereupon, the City Manager
explained that core issues which the pay findings have identified will be addressed
by City staff. He stated that the Personnel Department will review alternatives to
address certain shortcomings identified in the consultant's report and a
recommendation will be submitted to Council as a part of the 1999-2000 budget to
address certain findings of the consultant and the balance will involve initiatives by
the Personnel Department working in conjunction with City employee groups.
In the interest of time, the City Manager called attention to reports previously
provided to Council with regard to insurance reserve, CMERP funding formula,
Revenue Stabilization Fund, staffing level history, and capital funds availability. He
advised that City staff will be available over the next few weeks to discuss any of the
above listed reports.
Mr. Swain called attention to the need to provide tax relief to the citizens of
Roanoke; whereupon, he moved that the real estate tax rate be reduced by $.01 per
$100.00 of assessed value, effective January 1, 2000. The motion was seconded by
Mr. Hudson.
Mr. Harris moved that the motion be tabled until 1999-2000 budget study. The
motion was seconded by Ms. Wyatt and lost, Council Members Hudson, Swain,
Trout, White and Mayor Bowers voting no.
The main motion offered by Mr. Swain, seconded by Mr. Hudson, to reduce the
real estate property tax rate by $.01 per $100.00 of assessed value, effective
January 1, 2000, was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftcay()r B()\ftIEtrts-----------------------------------------------------------------------------------------------Ei.
NAYS: Council Member Wyatt-----------------------------------------------------------------1.
Mr. Swain moved that the real estate tax rate be reduced by at least $.01 per
$100.00 of assessed value, effective January 1, 2001 (FY 2000-01). The motion was
seconded by Mr. Hudson and lost by the following vote:
AYES: Council Members Hudson, Swain and White----------------------------------3.
NAYS: Council Members Harris, Trout, Wyatt and Mayor Bowers---------------4.
177
Mr. Trout requested that his no vote be changed to a yes vote; whereupon, the
motion to reduce the real estate tax by at least $.01 per $100.00 of assessed value,
effective January 1, 2001, was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout and White------------------------4.
NAYS: Council Members Harris, Wyatt and Mayor Bowers-------------------------3.
The Mayor called attention to his correspondence under date of February 2,
1999, addressed to Senator John S. Edwards and Delegates A. Victor Thomas and
Clifton A. Woodrum, III, in connection with the sales tax on the sale of food. He
advised that reduction or elimination by the State of the sales tax on food will, in
turn, lead to lost revenue for the City, and requested that his letter be forwarded to
the City's Legislative Committee for discussion with regard to ways to replace the
lost revenue sources.
Without objection by Council, the Mayor advised that his February 2, 1999
communication would be referred to the City's Legislative Committee and to 1999-
2000 budget study for further discussion.
The Mayor discussed the transient lodging tax which is currently at five per
cent. He advised that one of the best ways to bring more tax revenue into the City
over the next ten years is to continue to invest in the tourism industry. He requested
that the matter of increasing the transient lodging tax be referred to 1999-2000
budget study, that a public hearing be held to receive input from citizens and the
lodging industry, and that Roanoke County consider increasing its transient room
tax to provide for uniformity.
Mr. Trout moved that the matter of an increase in the transient lodging tax be
referred to 1999-2000 budget study. The motion was seconded by Mr. Swain.
Ms. Wyatt offered a friendly amendment to the motion that the City Manager
review a systematic way of designating a percentage of the transient room tax to
promote tourism over a period of years.
Mr. Trout and Mr. Swain agreed to include the friendly amendment in the
motion; whereupon, the motion, as amended, was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
ftnCl)'()r B()'^'Etrs------------------------------------------------------------------------------------------------7'.
NA)(S: N()I1Et------------------------------------------------------------------------------------------Cl.
178
Vice-Mayor Harris requested that the record reflect his position on the real
estate tax rate reduction, and advised that his position has not been one of a tax cut
but of a tax shift, and he does not oppose reducing the real estate tax rate if another
tax is increased or will provide for the lost revenue. Therefore, at the special
meeting of Council on May 3, 1999, when the fiscal year 1999-2000 budget is
proposed for enactment by Council, Vice-Mayor Harris requested that the vote on
increasing the transient room occupancy tax precede the vote on a reduction in the
real estate tax rate.
The City Manager clarified that Roanoke County cannot increase its transient
room occupancy tax above the current five per cent without special legislation
enacted by the Virginia General Assembly.
There being no further business, the Mayor declared the meeting adjourned
at 12:25 p.m.
ATTEST: /J
/h. ""'I 1. r~ I.rt. -
Mary F. Parker
City Clerk
APPROVED
~~~ '''<^-
David A. Bowers
Mayor
179
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
April 5, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, April 5,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain and Mayor David A. Bowers-----------------------------------------------------------------.-4.
ABSENT: Council Members James O. Trout, William White, Sr. and Linda F.
'"'l'Cltt------------------------------------------------------------------------------------------------------------:3.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; William X
Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
At 12:20 p.m., the Mayor declared the meeting in recess.
At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, with Mayor Bowers
presiding, and all Members of the Council in attendance, with the exception of
Council Members Trout, White and Wyatt, for the purpose of holding a joint meeting
of City Council and the City Planning Commission.
CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr.,
Melvin L. Hill, D. Kent Chrisman, Robert B. Manetta, Richard A. Rife, Alfred T. Dowe,
Jr., and C ha i rpe rso n Barba ra N. Due rk --------------------------------------------------------------7.
CITY PLANNING COMMISSION MEMBERS ABSENT: None------------------------O.
OTHERS PRESENT: James D. Ritchie, Acting City Manager; James D. Grisso,
Director of Finance; William X Parsons, Acting City Attorney; Mary F. Parker, City
Clerk; William F. Clark, Director, Public Works; Glenn D. Radcliffe, Director, Human
Development; Kit B. Kiser, Director, Utilities and Operations; George C. Snead, Jr.,
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Director, Public Safety; Steven J. Talevi, Assistant City Attorney; Evelyn S. Lander,
Chief, Planning and Community Development; Martha P. Franklin, Secretary, City
Planning Commission; James A. McClung, Manager, Fleet Management; Melinda
Mayo, Public Information Specialist; and John G. Reed, Civil Engineer.
Following lunch, the business session convened at 12:55 p.m.
On behalf of the Members of Council, the Mayor extended a welcome to the
City Planning Commission and staff and expressed appreciation for the opportunity
for the two bodies to meet and discuss matters of mutual interest.
COMMUNITY PLANNING-COUNCIL-ZONING-STA TE HIGHWAYS-FLOOD
REDUCTION/CONTROL: Chairperson Duerk advised that the City should be
proactive rather than reactive to issues that affect its citizens and as a result of open
discussion, problem areas can be addressed before they become serious issues.
She expressed appreciation to Council for appropriating funds for a neighborhood
planner and an associate planner to facilitate neighborhood plans, and advised that
it is advantageous for neighborhood plans to be facilitated by City staff which will
ultimately lead to consistency in all neighborhood plans. She advised that the City's
Comprehensive Plan is required to be updated every five years and the City Planning
Commission would like staff to be involved in the planning process, although it is
believed that it will be necessary to hire an outside consultant to compile the
necessary data. She explained that the City Planning Commission works through
committees and advised that Richard Rife chairs the Long Range Planning
Committee, Kent Chrisman chairs the Transportation and Facilities Committee and
Gilbert Butler chairs the Ordinance and Names Subcommittee.
Ms. Lander advised that neighborhood plans, which are an intensive effort,
were prepared by the City Planning Department in the late 1980's and early 1990's.
She stated that neighborhood plans enable the City Planning Department to work
closely with residents of a particular area to determine their specific concerns
because residents are more familiar with their quadrant of the City. She advised that
City Planning staff reviews a variety of issues in each neighborhood such as
transportation, land use, zoning, housing, social services, public safety, etc., in
order to form a baseline on progress and to determine needed changes. She stated
that City staff is currently working with the Raleigh Court neighborhood, a draft plan
has been prepared which is currently under discussion, and the City Planning
Commission will review the plan this week for proposed adoption on April 21, 1999.
She noted that Raleigh Court residents are concerned about zoning and land use
issues and have also expressed concern regarding multi-family housing, therefor,
staff is working with the City Attorney's Office to explore zoning changes and/or
amendments. She explained that up to four neighborhood plans are envisioned per
year, depending upon the issues and the size of the neighborhoods; on average, it
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takes about three months to complete each neighborhood plan, and the location of
the next neighborhood plan has not been determined, however, City staff will work
with general criteria for those areas of the City that need additional planning in
conjunction with the Roanoke Neighborhood Partnership Steering Committee. She
called attention to the Loudon/Melrose neighborhoods which have numerous
development issues, and emphasis should be placed on those special inner city
neighborhoods that are in need of help.
Mr. Rife addressed issues in the Raleigh Court area specifically. He advised
that the percentage of owner occupied residents in Raleigh Court has declined 12
per cent over the last ten years; Raleigh Court residents are concerned because the
City is getting poorer and poorer; and if Roanoke's neighborhoods are allowed to
become less attractive for middle and upper income families, the City will continue
to decline and become less economically viable. He stated that the other
neighborhoods in the City are closely monitoring the City's actions in regard to
Raleigh Court and they see that area as a test case for neighborhoods because
some of the same symptoms of decline are being seen in other City neighborhoods.
Ms. Lander was requested to provide Council with a time line for the Raleigh
Court Neighborhood Plan; whereupon, she advised that the neighborhood plan is
proposed to be adopted as a part of the City's Comprehensive Plan which provides
the necessary legal foundation to make the right decisions that are in the best
interest of the neighborhoods. She advised that the Raleigh Court Plan is in draft
form for proposed adoption by the City Planning Commission at its meeting on
April 21 , and proposed adoption by City Council as a part ofthe Comprehensive Plan
at its meeting on Monday, May 17, and following Council's approval on May 17,
certain zoning changes and a zoning ordinance amendment will be requested in
June or July, 1999.
Ms. Lander advised that there are 45 neighborhoods in the City, it takes
approximately three months to prepare a neighborhood plan, and it is hoped to
prepare a neighborhood plan for all of the City's neighborhoods over a five year
period. She explained that in some instances, it may be possible to combine
neighborhoods and one of the key factors considered in preparing a neighborhood
plan is whether a neighborhood organization exists to work with City staff.
Council Member Swain requested a copy of the neighborhood plan criteria.
Ms. Lander called attention to the importance of the Comprehensive Plan
which accomplishes the following: consolidates the neighborhood plan, Council's
vision statement and strategic planning process, the Roanoke Redevelopment and
Housing Authority's Consolidated Plan, the progress of community development
projects, and Roanoke Renaissance recommendations; forms a legal basis on how
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land use and zoning decisions are made; and provides guidance on where capital
improvement projects are needed. She advised that the last update of the
Comprehensive Plan was prepared in 1985 and adopted in 1987, the Comprehensive
Plan was reviewed in 1993, the City is approaching the year 2000 and it is in the
community's best interest to completely update the plan because future issues have
changed. She further advised that funds to update the Comprehensive Plan have
been requested in the 1999-2000 supplemental budget and it is anticipated that the
project will begin during the latter part of 1999.
Ms. Duerk advised that if proposed 1-73 comes down 1-581, it will be necessary
to include safeguards in the design that will help preserve and protect Roanoke's
neighborhoods and the environment of the City because the proposed route will
cause more noise and air pollution, etc.
Mr. Bengston advised that the Virginia Department of Transportation (VDOT)
has stated that additional study is needed which will delay public hearings until the
latter part of 1999. Mr. Clark stated that the pros and cons of all VDOT alternatives
will be reviewed, VDOT has requested input from the City, and a recommendation
will not be submitted until approximately the year 2000.
The Acting City Manager introduced a briefing in regard to questions raised
by Council Members regarding flood related issues; whereupon, he called upon
John G. Reed, Civil Engineer.
Mr. Reed advised thatfrom Roanoke's beginning, approximately 100 years ago
until the early 1980's, there were no restrictions on buildings in the flood plain,
consequently, many buildings (residential, commercial and industrial) were built in
the City's flood plain during the first 100 years. He stated that in 1981, the first flood
plain maps were created for the City of Roanoke and, in a few years, the City adopted
its first flood plain ordinance which required that new construction be built so as not
to be damaged by the 100 year flood. He further stated that the City's flood plain
maps were updated in 1993 to reflect the actual flooding experienced in 1985 and in
1997 and the Regional Storm Water Management Plan provided more detailed
mapping locations, drainage improvements and the projected increase in future
flood plain depths. He advised that within the City of Roanoke, there are over 4200
acres of identified flood plain area which represents approximately 15 per cent of the
total land area in the City limits, and currently 1400 homes and businesses are
located in the flood plain which means that about one out of every 25 buildings is
located in the flood plain. He stated that in the past 15 years, the City has taken
significant steps to reduce the impact offlooding for its citizens, including widening
and clearing channels, replacing bridges, buying flood plain homes, constructing
regional retention basins and although much progress has been made, there are still
two factors that will expand the number of properties to be impacted by future
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flooding; i.e.: additional upstream development and additional filling in the flood
plain areas. He explained that over the next 20 years, as a result of development, the
City's future flood depths are projected to increase an estimated one to two feet in
most of the City's watersheds and if portions of the flood plains are filled, flood
depths could increase as much as one additional foot.
Using Mud Lick Creek as an example because the details are similar to those
that most other watersheds located in the City will experience, Mr. Reed explained
that about 75 per cent of the 4600 acres of this watershed are located in Roanoke
County, but it would be incorrect to blame all of the watershed problems on Roanoke
County because 25 per cent or 1400 acres of this watershed are located within the
City of Roanoke. He called attention to a residential development proposed along
Mud Lick Creek on one of the few undeveloped parcels remaining in the watershed,
along with an existing property owner, Mark Reynolds, who has experienced
flooding problems and appeared before Council on several occasions to express his
concerns. He presented photographs of Mr. Reynolds home during and after one of
the many floods which he has experienced, and explained that this area of the City
was annexed in 1943, Mr. Reynolds' home was constructed in 1957, the City's
records confirm that the flooding of this property has a long history, the recently
completed regional storm water management plan predicts that flooding will
increase in the future, and the 100 year flood at this location is projected to increase
by about two feet over the next 20 years due to upstream development. He stated
that the regional plan identifies over 125 homes, city wide, that will experience the
same flooding levels in the three to eight feet range, 24 homes have been identified
that would have even greater flooding depths of over eight feet in a 100 year storm,
which number does not include the Roanoke River that has over 200 homes in the
100 year flood plain. He advised that the proposed subdivision on Mud Lick Creek
covers 11 acres, 21 residential lots, and is located one half mile downstream from
the Reynolds property, and some of the flood plain issues that have been raised by
the proposed development include a proposal to place fill material to prevent
flooding of the sites, however, filling the lots would increase the 100 year flood
levels by about one inch.
Mr. Reed advised that one of the primary reasons for enacting the flood plain
ordinance in the early 1980's was to allow citizens the option of purchasing flood
insurance; the National Flood Insurance Program requires communities to adopt an
ordinance which meets minimum standards and without the ordinance and its
enforcement requirements, no citizen in the City would be eligible to purchase flood
insurance; and other aspects of the flood plain ordinance address the differences
between floodway and flood plain development. With regard to existing buildings
in the flood plain, he noted that improvements are limited to 50 per cent of building
value, or the building must be brought up to current building code requirements; all
flood insurance is subsidized by the Federal Government and even though flood
184
insurance is subsidized, premiums are relatively expensive, and mortgage
companies require flood insurance for flood plain properties, therefor, keeping the
City's flood insurance program in compliance with Federal requirements is critical
to those citizens who need to buy or sell flood plain properties. He advised that it
is estimated that there are currently over 1400 flood plain buildings in the City of
Roanoke, 30 per cent commercial, 70 per cent residential, and over 600 have flood
insurance policies, paying in the range of $628,000.00 annually in premiums. He
stated that the City recently achieved a Class 9 flood insurance rating which reduced
premiums by approximately five per cent, which premiums cover about $84 million
in property value and have paid out over $12.5 million in claims over the past 18
years. He explained that FEMA is now considering a policy that would not allow new
flood insurance policies on properties which have repetitive flood damage and there
are about 80 properties currently in the City which qualify as repetitive properties
and the number could increase in the future. He stated that if FEMA's policy is
adopted, the City could feel even more pressure in the future to purchase or assist
those citizens who own flood plain properties.
Mr. Reed advised that the magnitude of flooding issues in Roanoke should
point out that the problem will not be solved with one or two projects or programs,
and explained that the purpose of the briefing was not to present recommendations,
but to set forth the facts and to provide options for consideration; i.e.: (1) to
continue to operate according to current City ordinances and programs because
significant progress has been made and the City of Roanoke has become recognized
as a progressive leader in flood plain management by purchasing over 60 homes in
the flood plain; and (2) to continue to create more restrictive buffer zones along
creeks and rivers which will help to reduce future flooding depths, enhance water
quality, and provide corridors for future greenways.
Without objection by Council, the Mayor advised that the above briefings
would be received and filed.
At 1 :55 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, April 5, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers---------------6.
ABSENT: Cou ncil Mem ber' Li nda F. Wyatt------------------------------------------------1.
._I'~l_ ";'.I'.:L.,I,:~::h~~~~~,~~,l II,J,I,' 'n"
185
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; William X
Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Ken
Studer, Pastor, Memorial Avenue Seventh-Day Adventist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTA TIONS:
SISTER CITIES: David K. Lisk, Executive Director, Roanoke
Valley Sister Cities, Inc., presented Certificates of Appreciation to the
City Manager, City Clerk and Director of Finance for their contributions
to Roanoke Sister Cities.
PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented
a proclamation declaring the month of April, 1999 as Fair Housing
Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMA TIONS-COMMUNICA TIONS DEPARTMENT: The Mayor
presented a proclamation declaring the week of April 11 - 17, 1999, as
National Telecommunicator's Week.
(For full text, see Proclamation on file in the City Clerk's Office.)
On behalf of the Members of Council, the Mayor presented the
Public Safety Telecommunicator of the Year Award to all City of
Roanoke Public Safety Telecommunicators in recognition of their
determination and dedication in assisting citizens during their time of
need while enduring less than ideal working conditions without
affecting their professionalism and commitment to serve the
community.
ACTS OF ACKNOWLEDGEMENT-CITY ATTORNEY: Mr. Trout
offered the following resolution recognizing and congratulating
William X Parsons, Acting City Attorney, upon receipt of the Edward J.
Finnegan Award for Distinguished Service from the Local Government
Attorneys of Virginia, Inc., association:
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ACTION:
ACTION:
(#34217 -040599) A RESOLUTION recognizing and congratulating
William X Parsons, Acting City Attorney, upon his receipt of the
Edward J. Finnegan Award for Distinguished Service from the Local
Government Attorneys of Virginia, Inc., association.
(For full text of Resolution, see Resolution Book No. 61, page 446.)
Mr. Trout moved the adoption of Resolution No. 34217-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCllf()rE!()'^'Etrs-----------------------------------------------------------------------------E).
NA"S: N()I1Et------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to three requests for Executive Session to
discuss a personnel matter, specifically review and consideration of
applications received for the position of City Attorney for the City of
Roanoke; to consider a matter of actual litigation, specifically litigation
brought against the City by a former employee; and to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, December 7, 1998, and Monday, December 21, 1998, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
At the request of Council Member Swain, it was the consensus
of Council that the item would be removed from the Consent Agenda
for separate discussion.
ACTION:
".." I ";H.I~.."' I I I I
187
(See page 189.)
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request ofthe Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCI)f()rE3()'^'Etr!S-----------------------------------------------------------------------------El.
NAYS: N()I1Et----------------------------------------------------------------------__().
(Council Member Wyatt was absent.)
CITY ATTORNEY-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, specifically review and consideration of
applications received for the position of City Attorney for the City of
Roanoke, pursuantto Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
188
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter,
specifically review and consideration of applications received for the
position of City Attorney for the City of Roanoke, pursuant to Section
2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftil)f()rE3()'^'Etr!5-----------------------------------------------------------------------------1).
NAYS: N()l1e------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
CITY ATTORNEY -COUNCIL-CITY EMPLOYEES: A report of the
Acting City Attorney requesting that Council convene in Executive
Session to discuss and consider a matter with regard to actual
litigation, specifically litigation brought against the City by a former
employee, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request ofthe Acting
City Attorney to convene in Executive Session to discuss and consider
a matter of actual litigation, specifically litigation brought against the
City by a former employee, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftil)f()rB()'^'Etr!5-----------------------------------------------------------------------------1).
NAYS: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP-FIRE
DEPARTMENT-CITY ATTORNEY-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
ACTION:
ACTION:
), 1,__ J._,.
189
S. Elaina Loritts as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 2001;
John C. Moody, Jr., as a member of the Board of Fire
Appeals for a term ending June 30, 2002; and
William X Parsons as Acting City Attorney, effective
April 1, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftnCl)r()rB()wEtr!)-----------------------------------------------------------------------------6.
NA"S: N()I1Et------------------------------------------------------------------------C1.
(Council Member Wyatt was absEtnt.)
REGULAR AGENDA
MINUTES: The Minutes of the regular meetings of Council held
on Monday, December 7, 1998, and Monday, December 21, 1998, having
been removed from the Consent Agenda for separate discussion, the
matter was before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Council Member Swain requested a response to his previous
inquiry of December 7, 1998, as to why the City's curfew ordinance is
not strictly enforced; whereupon, the matter was referred to the Acting
City Manager and the Acting City Attorney for report to Council.
Mr. Harris moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted.
190
ACTION:
SCHOOLS: On June 30, 1999, there will be two vacancies on the
Roanoke City School Board for terms commencing July 1, 1999 and
ending June 30, 2002. Five applications for the positions were received
prior to the deadline on March 10, 1999. (One application was later
withdrawn.) Pursuant to Section 9-20, Selection of Candidates for
Public Interview, provides that on or before April 20 of each year
Council shall, by public vote, select from the field of candidates those
candidates to be accorded the public interview required by Section 9-21
of the City Code, and all other candidates shall be eliminated from the
School Trustee selection process.
Mr. Trout moved that Toni J. Brandon, Charles W. Day,
Michael W. Ridenhour and Brian J. Wishneff be accorded the public
interview by Council on Wednesday, April 21, 1999, at 6:00 p.m., in the
City Council Chamber. The motion was seconded by Mr. Swain and
unanimously adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING AUTHORITY: Mr. John Richmond presented
information on a new housing initiative in the Roanoke Valley, known
as, "Christmas in April," through an organization that has 11 chapters
currently established throughout the Commonwealth of Virginia, the
purpose of which is to revitalize and to renovate existing homeowners
occupied. He advised that a typical recipient ofthe "Christmas in April"
program would be an elderly woman who is widowed and unable to
improve her home or make repairs. He stated that this year a group of
volunteers has undertaken to renovate four homes in the Roanoke area;
i. e.: J. C. Bradford and Company, Crestar Bank, Church of the Holy
Spirit, and First Baptist Church has agreed to serve as financial advisor
to subsidize renovation of the homes and numerous businesses and
individuals from various professions have volunteered time to assist
with the project. He stated that the work date will take place on April 24
and invited the members of Council to visit one or more of the work
sites.
The Reverend Todd Meyer spoke in support of the "Christmas in
April" program and the volunteer efforts of persons in the Roanoke
area. He advised that "Christmas in April" involves not just renovating
houses but rebuilding lives, and introduced a 12 minute video
explaining the concept of "Christmas in April.
ACTION:
_ulrL___
,... ,
191
Following viewing ofthe video, without objection by Council, the
Mayor advised that the remarks of Mr. Richmond and Reverend Meyer
would be received and filed.
PETITIONS AND COMMUNICATIONS:
AIRPORT-BUDGET: A communication from Jacqueline L. Shuck,
Executive Director, Roanoke Regional Airport, requesting approval of
the Airport Commission's 1999-2000 proposed Operating and Capital
Purchase Budget, as well as certain proposed capital expenditures for
projects expected to exceed $100,000.00 in costand intended to benefit
five or more accounting periods, in accordance with requirements of
the Roanoke Regional Airport Commission Act, and the Roanoke
Regional Airport Commission Contract dated January 28, 1987, as
amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34218-040599) A RESOLUTION approving the Roanoke
Regional Airport Commission's 1999-2000 proposed operating and
capital budget upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 447.)
Mr. Trout moved the adoption of Resolution No. 34218-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
nnCl)f()rE3()vvt!r!S-----------------------------------------------------------------------------Ei.
NAYS: N()I1t!--------------------------------------------------______________________().
(Council Member Wyatt was absent.)
Mr. Trout requested that Council be provided with a copy of tht!
Annual Financial Report of the Roanoke Regional Airport.
REPORTS OF OFFICERS:
CITY MANAGER:
192
ACTION:
BRIEFINGS:
APPALACHIAN POWER COMPANY-UTILITIES-AMERICAN
ELECTRIC POWER: The City Manager submitted a written report
advising that the current three year agreement between the City and
other southwestern Virginia jurisdictions expires on June 30,1999; the
agreement may be extended on a year to year basis, unless either party
gives a 90-day notice before the end of any term that party wishes to re-
negotiate electrical rates; a Steering Committee, formed jointly by the
Virginia Municipal League and the Virginia Association of Counties, met
on March 10, 1999, to review agreement options and the status of
electrical rate deregulation; and the Steering Committee voted to give
American Electric Power (AEP) a 90-day notice that it wished to open
negotiations.
It was further advised that the Steering Committee also agreed
to continue to use the legal counsels of the Virginia Municipal League
(VML) and the Virginia Association of Counties (V ACO) and, through
legal counsel, to engage the services of a rate expert; VML and V ACO
will estimate the expenses of negotiations and submit a letter request
to each jurisdiction for an appropriation to fund each jurisdiction's pro
rata share (based on electrical usage) of negotiations; the City's share
in the 1996-97 negotiations was $23,086.00, which request for funds will
be presented to Council upon receipt; and the next Steering Committee
meeting is scheduled for May 19,1999, which is after the rate expert
and legal counsel have met with AEP representatives.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
Mr. White requested that the City Administration encourage
citizens to report street light outages by providing the necessary
information on the City Page of The Roanoke Times, RVTV Channel 3,
the City's web page, etc.
Without objection by Council, the Mayor advised that the briefing
would be received and field.
Mr. White requested that the City Administration encourage
citizens to report street light outages by providing the necessary
information on the City Page of The Roanoke Times, RVTV Channel 3,
the City's web page, etc.
___'___1- ___I""~,,,.I__ --?r-- _-.___ J
,...
193
Without objection by Council, the Mayor advised that the briefing
would be received and field.
ITEMS RECOMMENDED FOR ACTION:
BUDGET -HOUSING/AUTHORITY -GRANTS: The City Manager
submitted a written report advising that the City of Roanoke receives
entitlement funds each year under the Community Development Block
Grant(CDBG) and HOME Investment Partnerships (HOME) programs of
the U. S. Department of Housing and Urban Development (HUD); for
nearly two decades, the Northwest Neighborhood Environmental
Organization, Inc., (NNEO) has received HUD funding from the City to
conduct housing and other community development projects in the
Gilmer neighborhood area; and Council authorized $339,900.00 in
CDBG and HOME funds for NNEO as part of the Consolidated Plan
Annual Update (Annual Update) approved for submission to HUD on
May 11,1998, pursuant to Resolution No. 33830-051198, which funds
were to assist NNEO's "New Gilmer Phase I" project involving
construction of approximately seven houses, development of
neighborhood physical plan, and NNEO operating costs.
It was further advised that 532 Loudon Avenue is a commercial
property critical to NNEO's long-term plans for developing the Gilmer
neighborhood; NNEO plans to acquire and rehabilitate the structure at
a later date to provide ten units of special-needs housing; NNEO
obtained a purchase option on the property and, in order to avoid
losing the opportunity, obtained interim private financing to complete
the transaction; NNEO is now seeking the City's financial assistance to
take out the interim financing which will alleviate the strain on NNEO's
resources caused by purchasing the property ahead of schedule; and
$60,000.00 in CDBG funds has been requested by NNEO, including
$49,000.00 for purchase and closing costs, $1,500.00 for Phase I
environmental study, and up to $9,500.00 for removing an underground
storage tank and additional asbestos assessments.
The City Manager recommended that he be authorized to execute
Amendment No.1 to the 1998-99 NNEO Subgrant Agreement, approved
as to form by the City Attorney; and further authorize the transfer of
$60,000.00 in CDBG funds, as follows:
$60,000.00 from CDBG Contingency Funds, Account No.
035-098-9840-5300, to NNEO Project, Account No. 035-098-
9820-5202. .
194
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34219-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 447.)
Mr. White moved the adoption of Ordinance No. 34219-040599.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers-------------------------------------------- ---------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. White offered the following resolution:
(#34220-040599) A RESOLUTION authorizing execution of
Amendment No.1 to the 1998-99 Subgrant Agreement between the City
and the Northwest Neighborhood Environmental Organization, Inc.
("NNEO"), dated July 1, 1998, for funding of the "New Gilmer Phase I"
Project and Gilmer Plan.
(For full text of Resolution, see Resolution Book No. 61, page 448.)
Mr. White moved the adoption of Resolution No. 34220-040599.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftfta)'()rE!()'^'Etrs-----------------------------------------------------------------------------Ei.
NAYS: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
ACTION:
"I I
195
BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City
Manager submitted a written report advising that the contractor for
Change Order No. 1 for the Roanoke Civic Center for replacing fire
alarms and temperature controls is Landis & Staefa, Inc., in the amount
of $624,888.00; and the contract consists of replacement of mechanical
and electrical controls on the heating/cooling systems at the Civic
Center and replacing, updating and supplementing the present fire
alarm control system.
It was further advised that changes have been made to the
original contract due to a difference in the interpretation of the codes
that apply to fire suppression systems and project specifications; and
total amount of Change Order No.1 is $25,819.00.
The City Manager recommended that he be authorized to issue
Change Order No.1 to the contract with Landis & Staefa, Inc., in the
amount of $25,819.00 and no additional construction time, for a total
contract amount of $650,707.00; and that the Director of Finance be
authorized to transfer $25,819.00 from the 1996 bond fund, Account No.
008-052-9701-9183, to project Account No. 008-056-9655-9001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34221-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 449.)
Mr. Harris moved the adoption of Ordinance No. 34221-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftnCl)'()rE3()wEtr!)-----------------------------------------------------------------------------Ei.
NAYS: N()l1e----------------------------------------------------____________________().
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency ordinance:
196
ACTION:
(#34222-040599) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 1 to the City's contract with Landis &
Staefa, Inc., for the replacement of the fire alarm and temperature
control systems at the Roanoke Civic Center; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 450.)
Mr. Harris moved the adoption of Ordinance No. 34222-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftfta)'()rE3()vvEtr!5-----------------------------------------------------------------------------E).
NA"S: N()I1Et------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY -BUDGET -INDUSTRIES-
ECONOMIC DEVELOPMENT-ZONING: The City Manager submitted a
written report advising that the Roanoke Centre for Industry and
Technology (RCIT) has been extremely successful in encouraging
industry to locate in the City of Roanoke; the original site has been
supplemented by additional land acquisitions; the City of Roanoke has
been negotiating with Emma Read Oppenheimer, property owner of 56
acres of land on Read Mountain adjacent to RCIT, Official Tax No.
7320101, for purchase of the property by the City for industrial
development purposes; a purchase agreement providing for acquisition
of the property by the City for $12,300.00 per acre, or approximately
$688,800.00, has been drafted; and meetings have been held with five
families in the immediate vicinity of the project by the Chief of
Economic Development to explain the City's interest in the land and all
parties have either been supportive or voiced no opposition.
The City Manager recommended that he be authorized to execute
the necessary documents, in a form to be approved by the Acting City
Attorney, including the Purchase Agreement, to acquire the property;
that Council appropriate $710,000.00 from Undesignated Capital Funds
to an account to be established by the Director of Finance entitled,
"RCIT - Read Mountain Addition"; and further authorize the City
Manager to file a petition to rezone the property from RA to LM, and
procurement of a survey, testing, and title report.
ACTION:
ACTION:
.,.,..L:.l. J._...l""':7....:...,..,.,.J.,. ,I.JI II
,. I
197
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34223-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 451.)
Mr. Trout moved the adoption of Ordinance No. 34223-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
nnCl)f()rE3()vvEtr!S-----------------------------------------------------------------------------Ei.
NA)(S: N()I1Et----------------------------------------------------------______________().
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency ordinance:
(#34224-040599) AN ORDINANCE providing for the acquisition of
certain real estate located in the City and identified by Roanoke City
Tax Map No. 7320101, upon certain terms and conditions; authorizing
the City to petition for rezoning of said property; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 452.)
Mr. Trout moved the adoption of Ordinance No. 34224-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
nnCl)f()rB()vvEtrs-----------------------------------------------------------------------------Ei.
NAYS: N()l1e-----------------------------------------------_________________________().
(Council Member Wyatt was absent.)
198
ACTION:
BUDGET -EQUIPMENT -CMERP: The City Manager submitted a
written report advising that the Current Year Capital Maintenance and
Equipment Replacement Program has identified the need to replace
certain vehicles in the departments of Building Inspections, Public
Works, Social Services and Police; whereupon, the City Manager
recommended that Council authorize purchase of the following
vehicular equipment:
1 - New Four-Wheel Drive Utility Vehicle from Berglund
Ford, Inc., for a total cost of $21,454.25.
5 - New Four-Door Sedans from Magic City Motor
Corporation, for a total cost of $70,718.00.
3 - New Four-Door Sedans for Police Services from Magic
City Motor Corporation, for a total cost of $48,655.20.
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34225-040599) A RESOLUTION accepting bids made to the City
for furnishing and delivering vehicles, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 453.)
Mr. Swain moved the adoption of Resolution No. 34225-040599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Bureau of Justice
Assistance (BJA), a component of the U. S. Department of Justice,
_ L>__J'r__cl.______..._.l._ I ,I II
,... ,
199
provides funding for innovative programs which strengthen the
nation's criminal justice system; concept papers soliciting proposed
responses to specific criminal justice issues were requested by BJA in
the spring of 1998; and a concept paper on the topic of "Cultural
Barriers to Justice" was submitted by the Police Department's Crime
Prevention Unit.
It was further advised that Roanoke's Vietnamese community
now represents approximately two per cent of its population; the 2,000
Vietnamese refugees represent the largest of Roanoke's refugee
populations; Vietnamese traditions and language barriers have resulted
in misunderstandings of the role of government agencies among some
refugees; and the Refugee and Immigration Services, Catholic Diocese
of Richmond, and the Vietnamese community were involved in the
development of the concept paper.
It was explained that the Bureau of Justice Assistance approved
an award of $99,072.00 to the City of Roanoke on February 19, 1999, to
support two grant positions, which grant term extends until June 30,
2000; no local match is required for discretionary grants under the
program, and the City is eligible to accept the grant and appropriate
funds in compliance with grant provisions and the City Code; the Police
Department has requested that the BJA grant be accepted and that
funds be appropriated to employ two Community Resource Specialists
in grant positions to develop improved relationships with the Southeast
Asian community; and grant funds would also provide for necessary
supplies and Southeast Asian cultural training for police employees.
The City Manager recommended that Council authorize
acceptance of funds from the Bureau of Justice Assistance
Discretionary Grant Program; that the City Manager be authorized to
execute all appropriate documents to acceptfunds; and that$99,072.00
be appropriated to accounts to be established by the Director of
Finance.
200
ACTION:
Salaries
$ 41,298.00
(035-050-3314-1002)
(035-050-3314-1120)
(035-050-3314-1115)
(035-050-3314-1225)
(035-050-3314-1126)
Benefits Subtotal
11,342.00
FICA
ICMA Contribution
Medical Insurance
Dental Insurance
3,470.00
3,716.00
3,816.00
340.00
11,342.00
Equipment (computers & language software)(035-050-3314-2035)12,816.00
Supplies (office & training materials) (035-050-3314-2030)10,525.00
Contractual Training (035-050-3314-2010) 19,320.00
Training (035-050-3314-2044) 3.771.00
Total
$ 99.072.00
Increase the following grant fund revenue estimate:
Federal Grant Receipts
(035-050-3314-3314)
$99,072.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34226-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 454.)
Mr. Hudson moved the adoption of Ordinance No. 34226-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following resolution:
ACTION:
I I
," < I
201
(#34227 -040599) A RESOLUTION authorizing the acceptance of
a grant to the City of Roanoke by the Bureau of Justice Assistance of
the United States Department of Criminal Justice Services
Discretionary Grant Program; and authorizing execution of any required
documentation on behalf of the City by the City Manager.
(For full text of Resolution, see Resolution Book No. 61, page 456.)
Mr. Hudson moved the adoption of Resolution No. 34227-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Virginia Department of
Criminal Justice Services (DCJS) provides annual grant funding for
activities which increase apprehension, prosecution, and adjudication
of persons committing violent crimes against women, which program
is known as Services, Training, Officers, Prosecution Violence Against
Women (VSTOP); the Roanoke City Police Department currently has no
specialized domestic violence response unit; felony domestic violence
crimes are investigated by the Criminal Investigations Bureau, while
most misdemeanor domestic violence crimes are investigated by the
patrol officer who receives the initial report; application for $29,257.00
to develop a domestic violence unit under the grant program was
authorized pursuant to Resolution No. 34005-090898 and was made on
September 17, 1998; and V-STOP applications require evidence of
cooperative agreements between law enforcement, prosecutors,
victim/witness programs, domestic violence programs, and sexual
assault centers, which cooperative agreements are in place.
It was further advised that the Department of Criminal Justice
Services has notified the City of Roanoke that it is eligible for
$18,322.00 under the program; program award would require a local
cash or in-kind match amount of at least 25 per cent of the combined
funding; State reduction of the requested funding can provide for a
half-time grant position to provide support to victims and to assist in
202
ACTION:
identifying, tracking, and reporting of domestic violence offenders; a
local match of $18,987.00 would be provided as an in-kind contribution
of the salary and benefits of an existing Senior Police Officer position
to work part-time on investigating domestic violence cases in
coordination with the new part-time civilian position which represents
a match of 50 percentofthe combined program expense of$37,309.00;
V-STOP funding will continue through 2001 and is anticipated to be
extended through 2003; and appropriation of funds is requested to
provide for creation of the Domestic Violence Coordinator position.
The City Manager recommended that Council appropriate funds
from the Department of Criminal Justice Services V-STOP grant
program to accounts to be established by the Director of Finance.
Salary
FICA
Training
Equipment
Supplies
(035-050-3315-1004)
(035-050-3315-1120)
(035-050-3315-2044)
(035-050-3315-9015)
(035-050-3315-2030 )
$ 9,352.00
760.00
1,600.00
3,221.00
3.389.00
$18,322.00
Increase the following grant fund revenue estimate:
State Grant Receipts
$18,322.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34228-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 456.)
Mr. Hudson moved the adoption of Ordinance No. 34228-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
ACTION:
.t I, jill, _II" ,..._..". I
203
(Council Member Wyatt was absent.)
POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that polygraph examiners must
receive formal training and participate in an intern program to comply
with the Virginia State Code; a polygraph examiner candidate needs
approximately five years of training and experience before becoming
proficient in the field; and the City invests approximately $10,000.00
toward the training of a polygraph examiner before a return on the
investment is realized.
It was further advised that polygraph examiner training is a skill
which is marketable to other law enforcement agencies; an officer who
had been trained as a polygraph examiner, without an employment
contract, left the Roanoke City Police Department for other employment
within two years of receiving the training; a polygraph examiner
employment agreement will ensure that the City is reimbursed on a pro-
ated basis for the cost of training if the employee leaves the department
within five years; and the Police Department is in need of an additional
polygraph examiner at the present time, and the need will arise in the
future when trained examiners retire or resign from the City.
The City Manager recommended that he be authorized to execute
an employment agreement, approved as to form by the City Attorney,
prior to polygraph examiner training of the current selectee for such
training and for future trainees.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34229-040599) A RESOLUTION authorizing the City Manager to
execute employment agreements to provide for polygraph examiner
training.
(For full text of Resolution, see Resolution Book No. 61, page 458.)
Mr. Harris moved the adoption of Resolution No. 34229-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
204
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUILDINGS/BUILDING DEPARTMENT-BUDGET: The City
Manager submitted a written report advising that maintenance, repairs,
rehabilitation, and replacement needs have grown faster than the City's
ability to keep pace; and the City must plan for the future and apply
limited resources in a manner that will ensure the most effective use of
available resources.
It was further advised that in June 1998, the Building
Maintenance and Engineering Departments submitted a request for
Capital Maintenance and Equipment Replacement Program funding to
inventory, inspect, and prepare a ten year Maintenance, Rehabilitation,
and Replacement Program for over 168 City-owned and/or leased
buildings; funding in the amount of $100,000.00 was made available in
October, 1998; an advertisement of Public Notice to seek Consultant
Services for the Organization and Implementation of a Building
Inspection Program was properly advertised on November 15, 1998;
and a proposal was received from Balzer and Associates, Inc., which
was reviewed by a selection committee; and Balzer and Associates,
Inc., was determined to be well qualified for the project.
It was explained that contract negotiations are complete and a
lump sum agreement has been reached with Balzer and Associates,
Inc., in the amount of $95,000.00; the contract provides for inspection
of 24 City-owned buildings; and the remaining 144 City-owned and/or
leased buildings will be inspected as funding becomes available; the
following areas of each building will be inspected: roofs, electrical,
heating and air conditioning, space utilization, lighting, structural and
modernization; and the consultant will assist the City with prioritizing
the work through development of criteria for a ten year physical and
professional needs plan, develop cost estimates, and assist in program
development.
The City Manager recommended that he be authorized to enter
into a lump sum contract, in a form to be approved by the City Attorney,
with Balzer and Associates, Inc., in the amount of $95,000.00; and that
ACTION:
ACTION:
.,...L" 1'1.11 P """0",,'1" i ,-.' I
205
Council authorize transfer of $100,000.00 from CMERP to a capital
account to be established by the Director of Finance entitled, "Building
Inspection Program."
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34230-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Funds, and
providing for an emergency. ,.
(For full text of Ordinance, see Ordinance Book No. 61, page 458.)
Mr. Harris moved the adoption of Ordinance No. 34230-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: No ne------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency ordinance:
(#34231-040599) AN ORDINANCE accepting the bid of Balzer and
Associates, Inc., for providing consulting services in connection with
the Building Inspection Program for City-owned and/or leased facilities,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contractfor
such services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 460.)
Mr. Harris moved the adoption of Ordinance No. 34231-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
206
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MayorBo~ers-----------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted
a written report advising that snow storms occurred in the Roanoke
Valley on December 23 and 31, 1998, January 2 and 6, 1999, February 1,
19, and 23, 1999, and March 9 and 13, 1999, depositing nearly 17 inches
of snow and/or ice at the Roanoke Regional Airport; the 1998-99 budget
included $96,523.00 for snow removal from City streets and rights-of-
way for overtime salaries, supplies, and chemicals; operating accounts
in various departments are used for regular salary and equipment
costs; 1998 CMERP provided $105,650.00 in additional funds to
purchase snow equipment parts, salt spreaders, and an additional
1,000 tons of salt; and prior year encumbrances included $21,398.00 in
chemicals and expendable equipment accounts.
It was further advised that approximately 2,237 hours of regular
time and 3,383 hours of overtime were expended plowing and
spreading chemicals on streets and keeping equipment in service, etc,
with overtime salary cost to date at approximately $118,327.00; City
equipment was operated for 4,350 hours at a cost of approximately
$53,011.00 for parts, supplies and additional equipment; 2,288 tons of
rock salt was spread on streets and bridges at a cost of approximately
$128,525.00; and total cost to the City for snow removal efforts during
1998-99 was approximately $299,863.00.
The City Manager recommended that Council authorize transfer
of $76,292.00 from the General Fund Contingency, Account No. 001-
002-9410-2199, to the following accounts:
Overtime
FICA
Expendable Equipment
001-052-4140-1003
001-052-4140-1120
001-052-4140-2035
$69,974.00
5,293.00
$ 1.025.00
$76,292.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
ACTION:
ACTION:
.1 ~. I_r .~L_,
207
(#34232-040599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 461.)
Mr. Harris moved the adoption of Ordinance No. 34232-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of February, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial report would be received and filed.
REPORTS OF COMMITTEES:
CITY MANAGER-COUNCIL-CONSUL TANTS REPORTS: Council
Member W. Alvin Hudson, Jr., Chairperson, City Manager Executive
Search Firm Subcommittee, presented a written report on behalf of the
Committee, advising that W. Robert Herbert, City Manager, will retire
from his position, effective April 9, 1999; Council expressed a desire to
hire an executive search firm in order to help attract the best available
talent for this important vacancy; and a subcommittee of Council was
appointed to recommend a search firm to be used to conduct the
executive search which includes Council Members W. Alvin Hudson,
Chairman, Carroll E. Swain and James O. Trout.-
208
ACTION:
It was further advised that a letter was forwarded to six search
firms requesting proposals; all six firms submitted proposals for
consideration, which were opened on March 22, 1999; and the
Executive Search Firm Subcommittee reviewed the proposals
individually and held a public meeting on Monday, March 29, 1999, to
discuss proposals and to reach a consensus on the firm to be
recommended to the full Council.
The Executive Search Firm Subcommittee recommended that
Council authorize award of a contract for City Manager Executive
Search Services to The Mercer Group, Inc., based on overall
qualifications of the firm and competitive fees charged for services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34233-040599) A RESOLUTION authorizing a contract between
the City and The Mercer Group, Inc., for the provision of services with
regard to selection of a new City Manager.
(For full text of Resolution, see Resolution Book No. 61, page 462.)
Mr. Hudson moved the adoption of Resolution No. 34233-040599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
ROANOKE CIVIC CENTER: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf ofthe
Committee, in connection with bids received by the City for roof
replacement/asbestos abatement at the Roanoke Civic Center; and
recommended that Council authorize the City Manager to reject all bids
received by the City, instruct the City's consultant, HDH Associates, P.
C., to strengthen and revise the contract documents, and readvertise
the project for bids.
ACTION:
LL.i_ ,J_
209
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34234-040599) A RESOLUTION rejecting all bids for the
Roanoke Civic Center Roof Replacement/Asbestos Abatement Project.
(For full text of Resolution, see Resolution Book No. 61, page 462.)
Mr. Swain moved the adoption of Resolution No. 34234-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
SCHOOLS-WATER RESOURCES: Council Member James O.
Trout, Vice-Chairperson, Water Resources Committee, presented a
written report on behalf of the Committee, with regard to advertising a
public hearing before Council to authorize the City Manager to execute
the appropriate document granting a 20-foot drainage easement to
Shenandoah, L. P., across City-owned property at the rear of Forest
Park Elementary School.
A staff report advised that Forest Park Elementary School is
located at the corner of Melrose Avenue and Forest Park Boulevard,
N. W.; an adjacent property owner desires to develop approximately 70
apartments and town homes; a 20-foot drainage easement has been
requested across the back of school property by LMW, P. C., on behalf
of its client; the property owner has been advised of the requirement to
maintain and, if necessary, to relocate the drainage facilities one time
at the sole expense of the grantee; and the Roanoke City School Board
has approved the request for an easement across Forest Park
Elementary School property.
210
ACTION:
The Water Resources Committee recommended that Council
authorize the City Manager to take appropriate action to advertise a
public hearing and, lacking any comments to the contrary, execute the
appropriate document, in a form to be approved by the Acting City
Attorney, granting a 20-foot drainage easement to Shenandoah, L. P.,
across City-owned property, in accordance with conditions stated in
the report.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of
the Water Resources Committee and advertise a public hearing to be
held on Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as
the matter may be heard. The motion was seconded by Mr. Harris and
unanimously adopted.
WATER RESOURCES: Council Member James O. Trout, Vice-
Chairperson, Water Resources Committee, presented a written report
on behalf of the Committee, recommending that the following
conservation measures be approved in connection with the low water
level at Carvins Cove Reservoir, as more fully described in a staff report
dated March 15, 1999:
Council request all citizens being supplied with Roanoke
City water to use prudent restraint of water usage so as to
voluntarily conserve water with the goal of reducing their
usage by at least ten per cent.
Council authorize the revocation of all permits for sewage
charge exemption meters used to measure water for
irrigation or swimming pools, effective May 1, 1999, until
such time as the Carvins Cove Reservoir is full, at which
time the Committee will consider whether or not to
recommend reinstatement of the exemption permits. A
notice to all affected users will be mailed upon Council's
approval of the permit revocation.
Staff review the 1981 Council approved water
conservation plan and present a timely plan of action to
the Water Resources Committee to recommend to Council
for action should the level of water in Carvins Cove reach
28 feet below the spillway crest elevation.
ACTION:
ACTION:
__J_,,''--.L_~L~
211
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34235-040599) A RESOLUTION urging that all customers being
supplied with Roanoke City water use appropriate restraint of water
usage so as to voluntarily conserve water with the goal of reducing
usage by at least ten per cent effective immediately; and requesting
that the City Manager review the 1981 Council approved water
conservation plan and present a timely plan of action to the Water
Resources Committee to recommend to Council for action should the
level of water in Carvins Cove reach 28 feet below the spillway crest
elevation.
(For full text of Resolution, see Resolution Book No. 61, page 463.)
Mr. Trout moved the adoption of Resolution No. 34235-040599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency ordinance:
(#34236-040599) AN ORDINANCE temporarily suspending ~26-27
ofthe Code ofthe City of Roanoke, (1979), as amended; authorizing the
City Manager to revoke any permits, exemptions, or credits issued
pursuant to ~26-27 of the City Code; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 464.)
Mr. Trout moved the adoption of Ordinance No. 34236-040599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
212
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
SPECIAL PERMITS-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, in connection
with a conditional permit to the owner of property located at 2202
Stephenson Avenue, S. W., for encroachment of a paved parking area
ten feet into the public right-of-way of Stephenson Avenue, S. W.
A staff report advised that permission for parking areas, fences,
decorative walls or planters, or various other structures that encroach
into the public right-of-way is a request made by property owners to the
City from time to time; and the City adopted a policy prohibiting new
encroachments of this type into the public right-of-way in August 1986.
It was further advised that the owner of property located at 2202
Stephenson Avenue, S. W., has requested a conditional permit to allow
a paved parking area in front of the property to remain; the parking area
encroaches approximately ten feet into the public right-of-way of
Stephenson Avenue, S. W. and extends to the edge of the pavement;
and zoning restrictions (RM-1) require that in any yard which abuts a
public street, the parking area shall be located no closer than eight feet
to the property line.
The Water Resources Committee recommended that Council
adhere to its standard policy and deny a conditional permit to the
owner of property located at 2202 Stephenson Avenue, S. W., Official
Tax No. 1050228, to allow the paved parking area encroaching
approximately ten feet into the right-of-way of Stephenson Avenue,
S. W., to remain.
(For full text, see reports on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
,I~'l_ .l,.-J__
213
PURCHASE/SALE OF PROPERTY -HOUSING/AUTHORITY -WATER
RESOURCES: Council Member James O. Trout, Vice-Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to conveyance of certain property located
on McDowell Avenue, N. W., to the City from the Roanoke
Redevelopment and Housing Authority for construction of a new sign
at the entranceway of the Historic Gainsboro District.
A staff report advised that the recent completion of the Second
Street Bridge/Gainsboro Road project has opened a new "entranceway"
from Orange Avenue into the downtown area, which brings people
through the historic Gainsboro area ofthe City; the area is identified by
large brick signs located at the corner of Gainsboro RoadlWells Avenue
and atthe corner of Wells Avenue/Commonwealth Avenue; a third sign,
located at the corner of Gainsboro Road/McDowell Avenue, N. W., is
smaller and is constructed of wood, which is not consistent with the
new signs; a new sign to replace the smaller wooden sign needs to be
constructed to aesthetically complete the project; and the Roanoke
Redevelopmentand Housing Authority (RRHA), pursuantto Resolution
No. 3100, has offered to donate to the City the property on which the
third sign is located to enable the sign to be replaced with a sign
similar to those constructed as a part of the Second Street/Gainsboro
Road Project.
The Water Resources Committee recommended that Council
authorize the City Manager to take appropriate action to accomplish the
fee simple acquisition of property identified as Official Tax No. 2022611,
in a form to be approved by the Acting City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
-
y
"AN ORDINANCE authorizing the acceptance of a donation
and conveyance of certain property identified by Roanoke City Tax No.
2022611, located on McDowell Avenue, N. W., to the City from the
Roanoke Redevelopment and Housing Authority for the construction of
a new sign at the entranceway of Historic Gainsboro District,
authorizing preparation of the appropriate documents, upon certain
terms and conditions."
The motion was seconded by Mr. Harris.
214
It was clarified that the ordinance will address the conveyance of
the land, but will not approve the purchase of the sign.
The Acting City Manager advised that as a part of discussions in
regard to road improvements in the area, there was agreement by the
City Administration to recommend three signs on the major entrances
into the Gainsboro neighborhood: one sign has already been erected
on Wells Avenue, one sign has been erected in the Second
Street/Gainsboro Road area, and the request currently before Council
would provide the land upon which to construct the third sign which is
envisioned to be erected entering the neighborhood from Orange
Avenue south to Gainsboro Road.
Mr. Swain inquired if the $39,000.00 could be used for a purpose
with a higher priority in the Gainsboro community.
The Director of Finance expressed concern as to whether
Council would be setting a precedent for similar requests for signs by
other neighborhoods.
Mr. Swain requested that Council be provided with a list of high
priority items that need to be completed in the Gainsboro area;
whereupon, he moved that action on the report of the Acting City
Manager be tabled. The motion was seconded by Mr. Hudson and
unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Ordinance
No. 34213, authorizing the exchange of certain City-owned property
along Tinker Creek, Official Tax No. 3250801, in the vicinity of Sand
Road, N. E., for certain adjacent property owned by Robert M. Callahan
and Carolyn H. Callahan, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
March 15, 1999, read and adopted on its first reading and laid over, was
again before the body, Mr. Harris offering the following for its second
reading and final adoption:
ACTION:
ACTION:
.J.,I- I..,'J_
215
(#34213-040599) AN ORDINANCE authorizing the exchange of
certain City-owned property along Tinker Creek in the vicinity of Sand
Road, N. E., for certain adjacent property owned by Robert M. Callahan
and Carolyn H. Callahan, upon certain terms and conditions, and
authorizing the City Manager to sign the necessary documents to effect
this exchange.
(For full text of Ordinance, see Ordinance Book No. 61, page 445.)
Mr. Harris moved the adoption of Ordinance No. 34213-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
COUNCIL-DECEASED PERSONS: Mr. Trout offered the following
resolution memorializing the late James Ellyson ("Jimmy") Jones, a
former member of Roanoke City Council from September 1962 to
January 1969:
(#34237 -040599) A RESOLUTION memorializing the late James
Ellyson ("Jimmy") Jones.
(For full text of Resolution, see Resolution Book No. 61, page 466.)
Mr. Trout moved the adoption of Resolution No. 34237-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None-------------------------------------------------_----------------------0.
(Council Member Wyatt was absent.)
216
ACTION:
YOUTH-COUNCIL: Mr. Harris offered the following resolution
changing the time and place of commencement of the regular meeting
of City Council scheduled to be held at 12:15 p.m., on Monday, April 19,
1999 to 12:00 noon on Monday, April 19, 1999, in the Roanoke Ballroom,
at the Hotel Roanoke & Conference Center, 110 Shenandoah Avenue,
N. W., with the 2:00 p.m. session of Council on the same date to be held
in the City Council Chamber, 215 Church Avenue, S. W.:
~ .'C_ -'!'
(#34238-040599) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, April 19, 1999.
(For full text of Resolution, see Resolution Book No. 61, page 467.)
Mr. Harris moved the adoption of Resolution No. 34238-040599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MA YORAND MEMBERS
OF COUNCIL:
COMPLAINTS-REFUSE COLLECTION: Council Member Swain
referred to recent correspondence from the City Administration which
states that certain City employees may be empowered by the Circuit
Court to issue citations in regard to improper use of trash receptacles.
He requested that City staff also be empowered to issue citations for
use of imlJroper refuse containers and accumulation of trash on lawns
and around trash receptacles, etc.
TAXES-COUNCIL: Council Member Swain referred to a
newspaper article that appeared in The Roanoke Times on March 21,
1999, which stated that Council would not be making a financially
responsible decision if it votes to decrease the real estate tax rate by
ACTION:
I _-,-....:.t._L,.-.L:.-
217
one cent. He stated that he considers himself to be a financially
responsible person and would request that the news media be open
minded and look at all sides of the issues.
PURCHASE/SALE OF PROPERTY -BUDGET -INDUSTRIES-
ECONOMIC DEVELOPMENT-ZONING: Earlier in the meeting, Council
approved purchase of certain land located on Read Mountain adjacent
to the Roanoke Centre for Industry and Technology for industrial
development purposes; whereupon, it was the consensus of Council
that the question of preparing the new site and the last remaining land
in the original Roanoke Centre for Industry and Technology for
industrial development purposes would be referred to the Acting City
Manager for report to Council.
CITY MANAGER-COUNCIL-CONSUL T ANTS REPORTS: Following
discussion, Mr. White moved that the Sub-committee composed of
Council Members W. Alvin Hudson, Jr., Chair, Carroll E. Swain and
James O. Trout continue to serve on an interim basis as liaison
between City Council and The Mercer Group, Inc., in connection with
executive search services for the position of City Manager, with
periodic follow-up reports to Council. The motion was seconded by
Mr. Hudson and adopted.
At 4:40 p.m., the Mayor declared the meeting in recess.
At 5:10 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Wyatt.
COUNCIL: With respect to the Executive Sessionjustconcluded,
Mr. Harris 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 underthe Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, and
Mayor Bowers------------------------------------------- ----------------------------------5.
~AY~: ~()ne-------------------------------------------_______----------------------0.
218
ACTION:
ACTION:
(Council ,Member White was out of the Council Chamber and Council
Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that there is a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the resignation of Martha P. Franklin, and
called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Donna S. Johnson.
There being no further nominations, Ms. Johnson was appointed
as a member of the Board of Trustees, City of Roanoke Pension Plan,
for a term ending June 30,2000, by the following vote:
FOR MS. JOHNSON: Council Members Harris, Hudson, Swain,
Trout, a nd May 0 r Bowe rs-------------------------------------------------------------5.
(Council Member White was out of the Council Chamber and Council
Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that there
is a vacancy on the Hotel Roanoke Conference Center Commission
created by the resignation of W. Robert Herbert, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of James D. Ritchie, Sr.
There being no further nominations, Mr. Ritchie was appointed
as a Commissioner to the Hotel Roanoke Conference Center
Commission, for a term ending April 12, 2003, by the following vote:
FOR MR. RITCHIE: Council Members Harris, Hudson, Swain,
T ro ut a nd May or Bowers---------------------------------------------------------------5.
(Council Member White was out of the Council Chamber and Council
Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLAN~I~G: The
Mayor advised that there is a vacancy on the Fifth Planning District
Commission created by the resignation of John R. Marlles, and called
for nominations to fill the vacancy.
ACTION:
ACTION:
'_,I L I
t.,.,.,. ..1
219
Mr. Harris placed in nomination the name of Evelyn S. Lander.
There being no further nominations, Ms. Lander was appointed
as a member of the Fifth Planning District Commission, for a term
ending June 30, 2000, by the following vote:
FOR MS. LANDER: Council Members Harris, Hudson, Swain,
T ro ut and Mayo r Bowe rs--------------------------------------------------------------5.
(Council Member White was out of the Council Chamber and Council
Member Wyatt was absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 5:15 p.m., the Mayor declared the meeting in recess.
At 5:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Wyatt.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Harris 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 underthe Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------__----------------------0.
(Council Member Wyatt was absent.)
The Mayor referred to one security matter that be discussed with
the Assistant City Manager and the Acting City Attorney.
220
There being no further business, the Mayor declared the meeting adjourned
at 5:57 p. m.
~~ J. fJw--
Mary F. Parker
City Clerk
APPROVED
.:5bQ~
David A. Bowers
Mayor
" I I
II' "" .,'''........'., ,...."..
221
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
April 19, 1999
12:00 noon
The Council of the City of Roanoke met in regular session on Monday,
April 19, 1999, at 12:00 noon, in the Hotel Roanoke & Conference Center, Roanoke
Ballroom, 110 Shenandoah Avenue, N. W., City of Roanoke, with Mayor David A.
Bowers presiding, pursuant to Resolution No. 34238-040599, adopted on April 5,
1999.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, Linda F.
Wyatt, C. Nelson Harris and Mayor David A. Bowers-----------------------------------------5.
ABSENT: Council Members James O. Trout and William White, Sr.------------2.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
YOUTH: The Members of Council and City staff participated in 1999 Student
Government Day activities.
At 1 :30 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, April 19, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr. (entered the meeting at 2:35 p.m.), Linda F. Wyatt, C. Nelson
Harris and Mayor David A. Bowers-------------------------------------------------------------------7.
ABSENT: None--------------------------------------------------------------------------------------0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
222
The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PROCLAMATIONS-YOUTH: Monday, April 19, 1999, was Student
Government Day, at which time students from Patrick Henry and
William Fleming High Schools, CITY School and the Governor's School
were invited to spend the day with the Members of City Council and
other City officials to learn about Roanoke City Government activities
and programs.
The Mayor presented a Proclamation designating April 19 as
Student Government Day 1999, and also presented Student
Government Day T-shirts to all participants.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for Executive Session to
discuss acquisition of real property for public purpose, specifically
property for an entranceway park.
MINUTES: Minutes of the regular meetings of Council held on
Monday, January 4, 1999; the Financial Planning Session held on
Saturday, January 16,1999; and the regular meeting held on Tuesday,
January 19, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
ACTION:
I I
~Ht""'I'-" I-I."."" .,j,
223
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member White was absent.)
COUNCIL-WATER RESOURCES: A communication from Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
requesting that Council convene in Executive Session to discuss a
matter regarding acquisition of real property for public purpose,
specifically property for an entranceway park, pursuant to Section 2.1-
344 (A)(3), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Water
Resources Committee to convene in Executive Session to discuss a
matter regarding acquisition of real property for public purpose,
specifically property for an entranceway park, pursuant to Section 2.1-
344 (A)(3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member White was absent.)
AIRPORT-PENSIONS-CITY MANAGER-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before
Council:
James M. Turner, Jr., as a member of the Roanoke
Regional Airport Commission for a term ending March 9,
2003;
Donna S. Johnson as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2000; and
224
ACTION:
James D. Ritchie, Sr., as Acting City Manager, effective
April 9, 1999, at 5:00 p.m.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member White was absent.)
REGULAR AGENDA
(Council Member White entered the meeting at 2:35 p.m.)
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Phyllis K. Runyon, Public Information Officer,
Roanoke City Public Schools, participated in a briefing on the Teen
Outreach Program (TOP). She advised that TOP is operated by Family
Services of the Roanoke Valley, and involves career development,
career awareness and life skills development for students in grades 9 -
12, and provides a service learning opportunity for students that can be
applied to volunteer work in the community by taking classroom
content into real life experiences. She advised that the course offers
goal setting, communication, decision making skills, career exploration
and enhances student self-esteem.
Dr. Sherry Hartman, Director, Teen Outreach Program, introduced
volunteers from Norfolk Southern Railway and Carilion Health Systems.
She advised that TOP has been in existence for ten years and is made
possible by a United Way agency, Family Services of the Roanoke
Valley working in conjunction with the Roanoke City Public Schools.
She stated that TOP operates through both public funding and private
funding from Carillon Health Systems and the Thurman Foundation,
and TOP relies on teen volunteerism to make a difference in the lives
of students by building on the strengths of students in order to provide
for a better future for the community. She advised that the philosophy
" I I
1,1 II ,- "..._... 1-,6<""1
225
of TOP is to rally around the schools and to rally around the students
and their families in an effort to promote a positive sense of self worth
and value to the community.
Students from Patrick Henry and William Fleming High Schools
and James Madison Middle School addressed Council in regard to their
personal experiences in the Teen Outreach Program including tutoring,
volunteering, goal setting, employment, violence prevention, teen
pregnancy issues, and conflict resolution.
Without objection by Council, the Mayor advised thatthe briefing
would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation offunds to the following school
accounts, was before Council.
$494,182.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund to provide classroom and
library furniture and a language laboratory at the
renovated Addison Middle School, and microscopes atthe
high schools.
$1,250,000.00 from 1997 Capital Bond Issue funds for the
replacement of an obsolete air conditioning system at
Ruffner Middle School.
$171,101.00 from 1997 Capital Bond funds for the Addison
Middle School renovation project.
$5,000,000.00 to reallocate capital bond funds to Literacy
Loan funds for the Addison Middle School project. The
State will release Literary Loan funds for the project in
May from the Literary Fund loan approved by the School
Board and Council in December, 1997. The capital bond
funds made available by the release of the Literary Loan
funds will be used for air conditioning replacements and
additions in middle and elementary schools.
226
ACTION:
$190,870.00 from State Lottery proceeds being distributed
to school divisions. The funds will be used for the
replacement of school buses in accordance with the
Roanoke City Schools' equipment replacement schedule.
$86,342.00 for the 1998-99 Eisenhower Title II Professional
Development program to provide funds for the
development of innovative math, science and technology
teaching strategies to implement Virginia's Standards of
Learning. This continuing program will be reimbursed 100
per cent by federal funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34239-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 468.)
Mr. Trout moved the adoption of Ordinance No. 34239-041999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and May 0 r Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A
communication from Kit B. Kiser, City Representative, Roanoke Valley
Resource Authority, recommending approval of the Resource
Authority's annual budgetfor fiscal year 1999-2000, was before Council.
ACTION:
I I
I II II ""-""~_"." ,..,.-!
227
It was advised that budget information is transmitted in
accordance with Section 5.9 of the October 12, 1991 Members' Use
Agreement; as the City's representative, Mr. Kiser stated that he served
on the Roanoke Valley Resource Authority Budget Committee and
voted for approval of the budget at the March 24, 1999 meeting of the
Resource Authority; and net tipping fees for charter member
governments remain at the current rate of $51.00 per ton.
Mr. Kiser recommended that Council approve the proposed fiscal
year 1999-2000 annual budget for the Roanoke Valley Resource
Authority, in the total amount of $7,748,400.00, which is a reduction of
$255,600.00 from the approved 1998-99 budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34240-041999) A RESOLUTION approving the annual budget of
the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 470.)
Mr. Hudson moved the adoption of Resolution No. 34240-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayor Bowe rs--------------------------------------------------------------7.
NA)(S: NOl1e------------------------------------------------------------------------Cl.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: The Acting City Manager presented the fiscal year
1999-2000 fiscal year operating budget for the City of Roanoke and the
annual update to the HUD Consolidated Plan. He introduced a slide
presentation highlighting the major changes in the budget in revenue
and expenditure categories, and advised that the 1999-2000 budget
totals $176.4 million dollars, or an increase of $7,851,990.90, or 4.66 per
cent overall which includes funding for City government and the local
228
share of the Roanoke City Schools budget. He stated that the budget
is focused on six primary funding goals: achievement of Council's
vision, maintaining the City's financial stability, funding competitive pay
raises and benefits for City employees, funding the School Board's
basic budget request and maintaining and improving services to
neighborhoods. He added that these goals have been met in the
proposed budget and the budget demonstrates that the City
Administration has listened to City Council's stated priorities.
The Director of Finance presented information regarding General
Fund revenues which are up by the same amount as expenditures
because the City is required to adopt a balanced budget. He advised
that revenues are made up of three categories, i.e.: local taxes are the
major source of revenue (new revenue $3.6 million, with primary
increases in sales tax which is up $569,000.00, utility tax which is up
$313,000.00, transient room tax which is up 22 per cent and includes
the proposed rate increase from five per cent to six per cent, and real
estate taxes which are up 3.9 per cent or $1.7 million for a total of $3.6
million); intergovernmental revenues - revenues received from the
Commonwealth which include two main categories: House Bill 599
funding of $2.2 million and $4.9 million in increased social service
programs provided by the state, along with police fees, and building
inspection fees, etc., totaling $7.8 million.
The Acting City Manager reviewed major categories of
expenditures, and noted that the largest area of expenditure is the local
share of the school budget followed by expenditures for public safety,
public health and welfare, and public works, which categories comprise
75 per cent of the City's operating budget. He advised that the budget
increased a total of $7.8 million and presented a chart illustrating how
funding is proposed to be allocated.
The Director of Finance advised that a majority of Council
previously indicated a desire to reduce the City's real estate tax rate by
one cent and increase the transient room occupancy tax from five per
cent to six per cent. He stated that increasing the transient room tax
from five per cent to six per cent is anticipated to generate $288,000.00
for fiscal year 2000, effective July 1, 1999, and if the real estate tax rate
is reduced from $1.22 per $100.00 of assessed value to $1.21 per
$100.00 of assessed value, effective January 1,2000, such action would
I I L .j
111.. II .""_"'~ ,.,.", ..1
229
have a financial impact of $191,000.00 on the 1999-2000 fiscal year
budget, and the net revenue impact for 1999-2000 would provide an
additional $96,500.00 which the Acting City Manager has recommended
as a one time capital funding contribution to the Roanoke Valley
Convention and Visitors Bureau.
(For full text, see Recommended 1999-2000 Budget on file in the City
Clerk's Office.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The Acting City
Manager submitted a written report advising that the U. S. Department
of Housing and Urban Development (HUD) requires that entitlement
localities such as the City of Roanoke submit a five-year Consolidated
Plan, with Annual Updates, in order to receive funding under the
Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME) and Emergency Shelter Grant (ESG) programs;
fiscal year 1999-2000 is the final year of the current five-year
Consolidated Plan; the City receives annual grants from HUD based on
a formula which considers age of housing, poverty levels and other
"distress" factors; and the amount of HUD formula grants is related to
the number of entitlement communities nationwide and to how much
the U. S. Congress appropriates, rather than to anything that the City of
Roanoke does.
It was further advised that HUD representatives informed City
staff that Roanoke's 1999-2000 new CDBG and HOME entitlements will
total $2,784,000.00, an increase of $61 ,000.00 over 1998-99 funding; in
addition, Roanoke will receive $75,000.00 in Emergency Shelter Grant
(ESG) funds to support homeless activities; ESG funds are being re-
instated to the City of Roanoke after a three-year absence; and
including new entitlements, total funding of $4,091,728.00 is estimated
to be available from the following sources for 1999-2000:
Source CDBG HOME ESG Total
1999-2000 Entitlement $2,108,000.00 $676,000.00 $75,000.00 $2,859,000.00
1999-2000 Planned
Program Income 647,728.00 5,000.00 0.00 652,728.00
1998-1999 Transferl
Carry-over 315,000.00 10,000.00 0.00 325,000.00
1998-1999 Excess
Program Income 250,000.00 5,000.00 0.00 255,000.00
Total Available 3,320,728.00 696,000.00 75,000.00 4,091,728.00
230
It was explained that the funds will leverage an estimated
$24,819,448.00 in additional monies from federal, state, local and
private sources, for a total program scope of$28,911, 176.00; and public
meetings were conducted on January 7 and March 30, 1999.
The Acting City Manager advised that the proposed 1999-2000
Annual Update recommends funding for nine new projects and 43
previously funded projects; 20 proposed projects are not being
recommended for funding; 52 individual projects and activities are
being recommended for funding in whole or in part with CDBG, HOME,
and/or ESG funds; those projects and activities in the proposed 1999-
2000 Annual Plan will address housing, economic development, human
services, neighborhood/community development, homeless and
administration/planning needs; HUD guidelines require that 70 per cent
of CDBG funds benefit low- and moderate-income individuals; and the
proposed CDBG budget exceeds the minimum requirements by at least
eight per cent.
In conclusion, it was explained that the 1999-2000 Annual Update
to the Consolidated Plan is responsive to the concerns of the citizens
of Roanoke, and meets the regulatory requirements of HUD; it provides
for housing improvements, homeless activities, activities for youth,
business development, creation of new job opportunities, human
services, strengthening of neighborhood organizations and adequate
administrative oversight for the entire program; it will allow the City to
build upon the successes of the past and to meet certain urgent critical
needs; Council has scheduled an evening public hearing on May 3,
1999, to receive citizen comments, and on May 10, 1999, Council will be
requested to authorize the Acting City Manager to submit an approved
1999-2000 Annual Update to the Consolidated Plan to the HUD
Richmond office for review and approval.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the proposed fiscal year 1999-2000
budget of the City of Roanoke and the HUD Consolidated Plan be
referred to 1999-2000 budget study. The motion was seconded by
Mr. Harris and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
ACTION:
_.I_.t..I___-.L.., ~.....L. I '1 III. ..,....._.t>' .,...,,,
231
BUDGET -BRIDGES-PUBLIC WORKS-STREETS AND ALLEYS-
TRAFFIC: The Acting City Manager submitted a written report advising
that the transfer to Capital Projects Fund account in the General Fund
includes $310,000.00 budgeted for Transportation Projects in fiscal year
1998-99, which amount has not been appropriated in accounts in the
Capital Projects Fund; the appropriation is needed to properly reserve
the funds for those transportation projects for which they were
intended to finance; and Capital Improvement Program projects related
to transportation would ultimately have up to $310,000.00 available as
a supplement to funding previously made available from the past two
bond referendums.
The City Manager recommended that Council appropriate
$310,000.00 from Transfer from General Fund to Capital Improvement
Reserve for Streets and Bridges.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34241-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 471.)
Mr. Trout moved the adoption of Ordinance No. 34241-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayor Bowe rs--------------------------------------------------------------7.
NA)(S: N()I1Et------------------------------------------------------__________________().
Council Member Swain inquired as to when construction will
begin on the Tenth Street, N. W. Project; whereupon, the Director of
Public Works advised that he would provide the requested information.
BUDGET-CITY INFORMATION SYSTEMS-EQUIPMENT -CMERP:
The City Manager submitted a written report advising that each year as
a part of the Capital Maintenance and Equipment Replacement
Program, City departments are asked to submit their requests for
232
information technology needs; over five million dollars in requests were
received this year; and those requests were forwarded to the City's
Information Technology Committee (ITC) for its review and
recommendations.
It was further advised that Council has received and acted on
funding requests for two technology projects included in this year's
plan, which include the Public Safety Project and a Development
Review Project for the Planning and Building Inspection Departments;
and the report requests that Council appropriate funds for those
projects recommended by the Information Technology Committee and
approved by the Acting City Manager but not yet funded.
It was explained that appropriation of funds from CMERP and
Prior Year Retained Earnings are needed to provide for acquisition of
the following:
Automated Public Safety Systems-Phase I
Local Tax System
Learning Center Equipment
Treasurer Equipment
Geographical Information System Project
Total
$177,153.00
35,000.00
15,742.00
41,300.00
30,000.00
$299,195.00
The City Manager recommended that Council appropriate
$299,195.00 to accounts to be established by the Director of Finance
from the following accounts:
$122,042.00 from current year Capital Maintenance and
Equipment Replacement Program,
$82,528.00 from City Information Systems Prior Year
Retained Earnings, and
$94,625.00 from Jail-Recovered Costs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
ACTION:
I,_.L___
,.t III" .,...._tt..., "..".. t.,
233
(#34242-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and City Information Systems Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 471.)
Mr. Trout moved the adoption of Ordinance No. 34242-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and May 0 r Bowe rs --------------------------------------------------------------7.
NA)rS: N()l1e--------------------------------------------------------------__________().
BUDGET-FIRE DEPARTMENT -EQUIPMENT -CMERP: The City
Manager submitted a written report advising that the Current Year
Capital Maintenance and Equipment Replacement Program has
identified the need to replace a 1963 Fire Pumper which is used as
back-up equipment; and a 1982 Grumman 1500GPM Pumper will be
converted to back-up equipment.
The Acting City Manager recommended that Council authorize
purchase of one new Fire Pumping Engine with Water Tower from KME
Fire Apparatus Corporation, for a total cost of $388,770.00; reject all
other bids received by the City; and appropriate the following to
Transfer to Fleet Management Fund, Account No. 001-004-9310-9506:
$382,770.00 from CMERP,
$4,900.00 from Fire/EMS Department, Account No. 001-
050-3213-9015, and
$1,100.00 from Fire/EMS Department, Account No. 001-
050-3521-9015.
Increase the revenue estimate by $388,770.00 in Fleet Management
Transfer from General Fund, Account No. 017-020-1234-0951, and
appropriate $388,770.00 to Fleet Management Other Equipment,
Account No. 017-052-2642-9015.
(For full text, see report on file in the City Clerk's Office.)
234
ACTION:
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34243-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 473.)
Mr. Trout moved the adoption of Ordinance No. 34243-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
Mr. Trout offered the following resolution:
(#34244-041999) A RESOLUTION accepting the bid of KME Fire
Apparatus Corporation for the purchase of one new fire pumping
engine with water tower, upon certain terms and conditions; and
rejecting all other bids made for such item.
(For full text of Resolution, see Resolution Book No. 61, page 475.)
Mr. Trout moved the adoption of Resolution No. 34244-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
BUDGET-UTILITY LINE SERVICES-EQUIPMENT -CMERP: The
Acting City Manager submitted a written report advising that the Capital
Maintenance and Equipment Replacement Program has identified the
need to replace a 1977 Wheel Loader in the Utility Line Services
Department which is no longer reliable for daily use; whereupon, the
Acting City Manager recommended that Council authorize the purchase
ACTION:
ACTION:
I_..L.... _1. 1'1 '11".1..."_'.... i ;..,.".,. ,I
235
of one new Wheel Loader from Baker Brothers, Inc., for the total cost
of $84,463.00; reject all other bids received by the City; and appropriate
$84,463.00 from Utility Line Services Prior Year Retained Earnings to
Utility Line Services, Account No. 016-056-2626-9015.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34245-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Utility Line Services Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 476.)
Mr. Trout moved the adoption of Ordinance No. 34245-041999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------____________().
Mr. Trout offered the following resolution:
(#34246-041999) A RESOLUTION accepting the bid of Baker
Brothers, Inc., for one new Wheel Loader; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 477.)
Mr. Trout moved the adoption of Resolution No. 34246-041999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayo r Bowers --------------------------------------------------------------7.
NAYS: N()l1e-----------------------------------------------_________________________().
236
Council Member White requested that the City's bid list of small
business firms/vendors be wide spread in regard to the purchase of
emergency items by City departments.
ROANOKE CIVIC CENTER-LICENSES: The Acting City Manager
submitted a written report advising that current policy, as adopted by
the Roanoke Civic Center Commission on March 22, 1993, permits the
sale of alcoholic beverages on Civic Center property by the concession
franchise holder only, subject to approval by the Civic Center Manager
on an event-by-event basis; Civic Center Business Plan implementation
requires the Civic Center to be licensed to sell alcoholic beverages; two
ABC licenses are required for services provided: 1) a Stadia license,
which allows only for the sale of wine and beer at professional sporting
events, and 2) a Mixed Beverage Caterers license, which allows for the
sale of mixed beverages at private gatherings and special events; ABC
licenses are currently held by The Swanson Corporation; and training
and control are the responsibility of the concessionaire.
It was further advised that the Civic Center is scheduled to
assume in-house operation of the food and beverage concessions at
the conclusion of The Swanson Corporation contract on July 1,1999;
and two licenses must be applied for to the Department of Alcoholic
Beverage Control by the City in order to continue providing the same
level of beverage services at Civic Center events.
The Acting City Manager recommended that he be authorized to
apply for the appropriate ABC licenses in the name of the City of
Roanoke, and to have the name of the appropriate City representative
(which may include the Civic Center Manager) placed on the
applications and/or licenses as may be required by ABC Rules and
Regulations, and to take such further action as may be necessary to
obtain, activate, and maintain the licenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34247-041999) A RESOLUTION authorizing the City Managerto
make application to the Virginia Department of Alcoholic Beverage
Control for the appropriate ABC licenses in the name of the City of
Roanoke that will allow the sale of beer, wine, and alcoholic mixed
ACTION:
1 J.._J___l._.,l
I,! '[11._1.,,,_,,,,,., ;...'" .,!
237
beverages at the Roanoke Civic Center in accordance with the rules
and regulations of the Alcoholic Beverage Control Board; and to take
such further action as may be necessary to obtain, activate, and
maintain the ABC licenses.
(For full text of Resolution, see Resolution Book No. 61, page 478.)
Mr. Trout moved the adoption of Resolution No. 34247-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
ftnCl)'()rB()'^'Etr!)-----------------------------------------------------------------------------Ei.
NAYS: Council Member Harris---------------------------------------------1.
Council Member Wyatt suggested thatthe Virginia State Flag and
the Roanoke City Flag be displayed in a prominent location along with
the American Flag in the Civic Center facility.
PURCHASE/SALE OF PROPERTY -EASEMENTS-INDUSTRIES-AIR
RIGHTS-RAILSIDE LINEAR WALK: The Acting City Manager submitted
a written report advising that the City of Roanoke owns a .118 acre
parcel of real estate located at the corner of First Street and Norfolk
Avenue (Official Tax No. 1010310), which was originally acquired for
construction of the Railside Linear Walkway project; InSystems
Technologies, Ltd., is a software manufacturing company which was
founded in the City of Roanoke in 1991 and employs 60 people in the
highly skilled, well-paid software engineering field, with employment
levels expected to reach 200 by the year 2000; InSystems needs to
relocate its facility because there is no available space to expand at its
current location in downtown Roanoke; and InSystems has entered into
a contract to purchase an historic warehouse located at 109 Norfolk
Avenue, which is adjacent to the City's property and identified by
Official Tax No. 1010309, with the intent to completely renovate the
building (20,400 square feet) and relocate its business to this location,
representing an investment of $1.5 million.
It was further advised that InSystems would like to purchase
from the City, a .013 acre portion in fee simple and a 195 square foot air
rights easement across Official Tax No. 1010310, in order to construct
Cln addition to its building; Cl public hearing was held by Roanoke City
Council on December 21, 1998, and no opposition to the sale of city-
238
ACTION:
owned property was communicated to Council; and a Contract for Sale
has been negotiated between the City and InSystems Technologies,
Ltd.
The Acting City Manager recommended that he be authorized to
execute the necessary documents to allow the conveyance of fee
simple interest and an air rights easement across a portion of Official
Tax No. 1010310 to InSystems Technologies, Ltd.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34248) AN ORDINANCE authorizing the execution of an
agreement with InSystems Technologies, Ltd., for the fee simple
conveyance of a portion of City-owned property, as well as an air rights
easement across said property, identified by Official Tax Map No.
1010310, commonly known as a vacant lot at the northwest corner of
Norfolk Avenue and First Street, S. W., authorizing conveyance of said
rights upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 493.)
The motion was seconded by Mr. Swain.
Mr. Robert E. Zimmerman, 1570 Langhorne Road, S. W., property
owner in the area, advised that the City owns the street as a result of
taxpayers' money and if Council allows one individual to purchase
property, other property owners in the area should be offered the same
opportunity for parking and other amenities. He asked that all property
owners be treated fairly and equally.
Ordinance No. 34248, on its first reading, was adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
DIRECTOR OF FINANCE:
1- .1_.
J 'I ,111.""_'" I"."'" 'I
239
BUDGET-HOUSING/AUTHORITY: The Director of Finance
submitted a written report advising that by agreement with the City of
Roanoke, the Roanoke Redevelopment and Housing Authority (RRHA)
administers a large segment of the City's Community Development
Block Grant Program; the Housing Authority receives program income
during the course of its administration of various projects by the sale
of land and through the receipt of loan repayments from project area
residents; and the Housing Authority is required to transfer this
program income to the City of Roanoke; and the City of Roanoke is
required to use the income for eligible community development
activities.
It was further advised that the Housing Authority has made
payments to the City, in the amount of $189,834.00, from April 1, 1998
through March 31, 1999 for program income in excess of income
estimates previously appropriated; and of this amount, $57,950.00
resulted from the sale of property, $46,256.00 in income resulted from
parking lot rental and $85,628.00 resulted from various loan
repayments.
It was explained that the City has received miscellaneous
program income as follows: $252,613.00 from Hotel Roanoke, L. L. C.
for interest on the $6,000,000.00 Section 108 loan from the U. S.
Department of Housing and Urban Development; and $73,481.00 in
other program income as follows: $29,688.00 in demolition revenue
from property owners whose dwellings were demolished with CDBG
funds, $10,480.00 from Williamson Road Parking Garage which was
constructed in part using CDBG funds, $31,890.00 in loan repayments
and $1,423.00 of other miscellaneous income.
The Director of Finance recommended that Council appropriate
the total $515,928.00 in unanticipated program income, as follows:
Unprogrammed CDBG - Land Sale (035-098-9840-5187)
Unprogrammed CDBG - Other (035-098-9840-5189)
Unprogrammed CDBG - RRHA (035-098-9840-5197)
Unprogrammed CDBG - Section 108
Loan Repayment (035-099-9940-5188)
Unprogrammed CDBG - Other (035-099-9940-5189)
Unprogrammed CDBG - RRHA (035-099-9940-5197)
$ 57,950.00
64,725.00
22,572.00
252,613.00
8,756.00
109,312.00
240
The amounts being appropriated to unprogrammed accounts will be
available for further appropriation transfers for eligible community
development purposes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34249-041999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 479.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 34249-041999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris a nd May 0 r Bowe rs--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET - T AXES-COUNCIL-HOUSING/AUTHORITY -GRANTS:
Mr. Trout offered the following resolution establishing the date of a
Special Meeting of Council on Monday, May 3,1999, at7:00 p.m., in the
Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. W., for the
purpose of holding public hearings on the General Fund Budget for
Fiscal Year 1999-2000, proposed tax increases and the Annual Update
to HUD's Consolidated Plan:
Mr. Trout offered the following resolution:
(#34250-041999) A RESOLUTION establishing the date of a
Special Meeting of the Council of the City of Roanoke.
ACTION:
I. _J
1 'j_'["'I'I,_''''-' 1"."""1
241
(For full text of Resolution, see Resolution Book No. 61, page 481.)
Mr. Trout moved the adoption of Resolution No. 34250-041999.
THe motion was seconded by Mr. Harris.
Martin D. Jeffrey, President, Roanoke Valley Chapter, National
Association for the Advancement of Colored People, requested that
Council provide better scrutiny over the budgets of the Roanoke Valley
Resource Authority and the Hotel Roanoke Conference Center. He
called attention to alleged complaints of discriminatory activities by
both entities, therefore, the City should not spend considerable sums
of public money to fund, in effect, discrimination orthose environments
that engage in discriminatory practices.
In regard to the proposed fiscal year 1999-2000 budget,
Mr. Jeffrey advised that at a monthly meeting of the Board of Directors
of the Roanoke Valley N.A.A.C.P., the Board unanimously voted to
endorse certain recommendations made by Fox, Lawson and
Associates, the City's pay and benefits consultant. He spoke
specifically to the issue of pay increases for police officers, although
the N.A.A.C.P. supports and acknowledges concerns regarding pay and
other conditions for City employees in general. He stated that the
Board of Directors and Members of the Local Branch of the N.A.A.C.P.
believe that those persons who are entrusted with the safety of
Roanoke's community and who place their lives on the line every day
should not have to spend their off duty hours working one and two
part-time jobs to support their family, which ultimately compromises
the safety of Roanoke's citizens. On behalf of the Board of Directors,
he urged that Council approve an 11 per cent across the board pay
increase for police officers, effective July 1, 1999.
Resolution No. 34250-041999 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and May 0 r Bowe rs-------------------------------------------------___----------7.
NAYS: N()I1Et----------------------------------------------__________________________().
BUDGET - T AXES-COUNCIL-HOUSING/AUTHORITY -GRANTS: The
City Manager submitted a written report advising that at its meeting on
January 4, 1999, Council formally approved the schedule of activities,
dates and times for the 1999-2000 budget process; the schedule
included a special meeting to be held on May 10,1999, at 2:00 p.m., for
242
the purpose of adopting the budget; State Code requirements provide
that the public hearing must be held at least seven days prior to
adoption of the 1999-2000 budget; after a review of Public Hearing
Notices required in connection with the budget, the Acting City Attorney
has advised that technically the scheduled time for budget adoption
does not meet the seven day time period; whereupon, the Acting City
Manager recommended that the time and date of the budget adoption
meeting be changed from May 10,1999 at 2:00 p.m., to May 11, 1999 at
1 :30 p.m.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution establishing a special
meeting of Council for May 11, 1999 at 1 :30 p.m., in the City Council
Chamber, 215 Church Avenue, S. W., for the purpose of adopting the
proposed annual budget for the City of Roanoke for fiscal year 1999-
2000 and related matters.
(#34251-041999) A RESOLUTION establishing the date of a
Special Meeting of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 61, page 482.)
ACTION: Mr. Trout moved the adoption of Resolution No. 34251-041999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris a nd Mayor Bowers --------------------------------------------------------------7.
NA)(S: N()I1Et------------------------------------------------------------------------C1.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MA YORAND MEMBERS
OF COUNCIL:
SIDEWALK/CURB AND GUTTER-BUDGET -STREETS AND
ALLEYS: Following adoption of the fiscal year 1999-2000 budget,
Council Member Swain requested that a schedule be published on the
(_,._.1.__
1 :1"011""1-"'_''''1 1-'.".""1-'
243
City Page of The Roanoke Times and RVTV, Channel 3 with regard to
installation of sidewalk, curb and gutter, and paving of streets in the
City of Roanoke.
PENSIONS: Council Member Swain requested that a central file
be established, preferably in the City Clerk's Office, detailing
information regarding the 2-for-1 pension benefit which is currently in
effect for certain City employees/officials. He further requested an
independent opinion as to the legality of the 2-for-1 pension benefit and
whether or not future cost of living increases can be frozen for those
employees who retired under 2-for-1 and currently earn $50,000.00 or
more per year.
It was the consensus of Council thatthe matterwould be referred
to the Acting City Manager, Acting City Attorney, City Clerk and Director
of Finance for report to Council.
PARKS AND RECREATION-ROANOKE NEIGHBORHOOD
PARTNERSHIP: Council Member Wyatt referred to a communication
from the President's Council of Roanoke City Neighborhoods under
date of April 12, 1999, in regard to certain proposed improvements to
Garden City Park; however, itwas noted thatsome improvements have
been delayed because of concerns expressed by the Parks and
Recreation Department. She requested that the matter be referred to
the Acting City Manager for report to Council.
PAY PLAN-BUDGET-CITY EMPLOYEES: Council Member Wyatt
expressed concern with regard to the length of time that it takes for a
City employee to reach the top of the pay scale. As a part of fiscal year
2000-2001 budget study, she requested that the Acting City Manager
review ways by which City employees may reach the top of their pay
scale in a more expeditious manner.
TRAFFIC-BRIDGES-VALLEY VIEW MALL: Council Member
Hudson inquired as to the projected completion date for the bridge at
Valley View Mall; whereupon, the Director of Public Works advised that
June 1 is the anticipated opening date of the other lane coming out of
Valley View Mall southward to 1-581.
TRAFFIC: The Mayor requested that information be disseminated
to citizens advising that free parking is available in the downtown
Roanoke parking garages on ~aturdays and Sundays.
244
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 4:15 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers who left the meeting
during the Executive Session.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
Vice-May 0 r H a rris-----------------------------------------------------------------------6.
NAYS: N()I1E!------------------------------------------------------------------------Cl.
(Mayor Bowers was absent.)
At 5:27 p.m., the Vice-Mayor declared the meeting in recess until
7:00 p.m.
On Monday, April 19, 1999, at7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Mayor Bowers
presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson
Ha rris and Mayor David A. Bowers--------------------------------------------------7.
A BS E NT: N 0 ne-------------------------------------------------------------------0.
I I
"1 '1'".1.,.,_.., 1,..,.".1
245
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting Assistant City Manager; William X Parsons,
Acting City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTA TIONS:
PROCLAMATIONS: The Mayor presented a proclamation
declaring the week of April 17 - 24 as Knights of Virginia Assistance for
Retardation (KOVAR) week.
(For full text, see Proclamation on file in the City Clerk's Office.)
BID OPENINGS:
ROANOKE MEMORIAL HOSPITALS-HOSPITALS-AIR RIGHTS:
Pursuant to notice of advertisement for bids for lease of additional air
rights located in the City of Roanoke over a portion of Crystal Spring
Avenue, S. W., for a term ending May 13, 2058, to provide sufficient area
and space for a parking garage, said bids to be received in the City
Clerk's Office until 4:30 p.m., on Monday, April 19, 1999, the matter was
before the body.
The Mayor inquired if anyone had any questions about the
opening of the bids. There being none, he called upon the City Clerk to
open and read the bids.
The City Clerk reported that one bid had been received prior to
the deadline from CHS, Inc., in the amount of a one time payment of
$200.00.
Mr. Trout moved that the bid of CHS, Inc., be received and filed.
The motion was seconded by Mr. Hudson and adopted, Council
Member Wyatt voting no.
PUBLIC HEARI~G~:
246
ACTION:
ROANOKE MEMORIAL HOSPIT ALS-HOSPIT ALS-AIR RIGHTS: The
City Clerk having advertised a public hearing for Monday, April 19,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
a proposed ordinance to grant a lease of additional air rights located in
the City of Roanoke over a portion of Crystal Spring Avenue, S. W., for
a term ending May 13, 2058, to provide sufficient area and space for a
parking garage, the matter was before the body.
Legal advertisement of the public hearing was published in
Sunday editions of The Roanoke Times on March 28, April 4, April 11
and April 18, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
Earlier in the meeting, the City Clerk opened and read the one bid
received by the City for lease of the above described air rights from
CHS, Inc., in the amount of a one time payment of $200.00.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34252) AN ORDINANCE authorizing a lease between the City of
Roanoke and CHS, Inc., for the lease of additional airspace over Crystal
Spring Avenue, S. W., in the City, for a term commencing as soon as all
legal requirements are met and ending May 13, 2058.
(For full text of Ordinance, see Ordinance Book No. 61, page 494.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34252 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Harris and
ftnCl)(()rB()'^'Etrs------------------------------------------------------------------------------!i.
NAYS: Council Member Wyatt----------------------------------------------1.
(Council Member White abstained from voting.)
I I
l.l.tIIWI'I.'..'............ '._"'1' Il'
247
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, April 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of ARC Roanoke,
Inc., that the proffered conditions for rezoning approximately 8.769
acres of land, located on the west side of Oakland Boulevard, N. W.,
identified as Official Tax No. 2250105, which rezoning was previously
approved by the Council of the City of Roanoke, pursuant to Ordinance
No. 33361-050597 adopted on May 5, 1997, be amended, the matter was
again before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, April 1 and Thursday, April 8, 1999;
and in The Roanoke Tribune on Thursday, April 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
subject property was rezoned from RS-3 to C-2 with conditions in
May 1997 for the purpose of constructing a sheltered workshop to
provide education, job training and employment for mentally and
physically disabled persons, was before Council.
It was further advised that the previous rezoning and its
conditions were coordinated with an adjacent Valley View rezoning
which proposed development of the former Watts farm for commercial
development; and the purpose of the current rezoning is to amend the
conditions of the previous rezoning because the developer of the
subject property proposes to construct a building and parking (a
theater) that is substantially different from the development footprint
initially proffered by ARC, Inc., in 1997 and has proffered additional
conditions relating to trash and parking lot clean up.
The City Planning Commission recommended approval of the
amended request for rezoning, and advised that use of the subject
property for commercial development is appropriate and reasonable;
the proposed change in physical development of the property is
consistent with adjacent commercial development; conditions have
been proffered which address various neighborhood issues including
buffering, lighting, and pedestrian and vehicular access to commercial
area.
248
ACTION:
Edward A. Natt, Attorney, appeared before Council in support of
the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34253) AN ORDINANCE to amend ~~36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 61, page 496.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34253 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, April 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of
Roanoke Valley SPCA thata portion of Edmund Avenue, N. E., a portion
of Light Street, and an undeveloped alley located at the intersection of
Baldwin Avenue which runs parallel to Edmund Avenue and proceeding
in a northeasterly direction for approximately 630 feet to the
intersection of Light Street, be permanently vacated, discontinued, and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, April 1 and Thursday, April 8, 1999;
and The Roanoke Tribune on Thursday, April 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
ACTION:
I.:~,-.l.-.(~", _.. ,_ ,l-.. I 11.1 ''-I.III,lf-, """'.h-' !.....,-.
249
A report of the City Planning Commission recommending that
Council approve the request subject to certain conditions, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Ronald A. Martin, AlA, Spokesperson, appeared before Council
in support of the request.
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34254) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 497.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34254 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NA)(S: N()I1E!----------------------------------------------------____________________().
BONDS/BOND ISSUES-BUDGET -INDUSTRIES: Council having
previously authorized the City Clerk to advertise a public hearing for
Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to receive citizen input on the issuance of $7,600,000.00
in general obligation public improvement bonds under the Public
Finance Act, Section 15.2-2600 et. seq., Code of Virginia (1950), as
amended, to finance the costs of economic development projects of
and for the City of Roanoke, the matter was before the body. (See
report of the City Manager under date of March 19, 1999.)
Legal advertisement of the public hearing was published in The
Roanoke Times on ~unday, April 4, 1999, and ~unday, April 11, 1999.
250
ACTION:
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
,~,.."...,.
(#34255-041999) A RESOLUTION authorizing the issuance and
sale of seven million six hundred thousand dollars ($7,600,000)
principal amount of City of Roanoke, Virginia, General Obligation Public
Improvement Bonds; fixing the form, denomination and certain other
details of such bonds; authorizing the preparation of a preliminary
official statement and an official statement and the distribution thereof
and the execution of a certificate relating to such official statement;
authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; and otherwise providing with respect
to the issuance, sale and delivery of such bonds.
(For full text of Resolution, see Resolution Book No. 61, page 482.)
Mr. Trout moved the adoption of Resolution No. 34255-041999.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council in connection with the matter. There being none,
Ordinance No. 34255-041999 was adopted by the following vote:
---
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
EASEMENTS: Council having previously authorized the City Clerk
to advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to receive citizen input
on a proposal to grant a 20 foot wide drainage easement across City-
owned property at Forest Park Elementary School at the corner of
Melrose Avenue and Forest Park Boulevard, N. W., identified as Official
Tax No. 2420201, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, April 11, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
-
~-
ACTION:
L Il .I~,,,~~,.,..
',1.<11','11.'.,......." . ,....".,
251
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34256) AN ORDINANCE authorizing the execution of a deed of
easement granting Shenandoah L.P., a drainage easement across City-
owned property located across the Forest Park Elementary School
property identified by Roanoke City Tax Map No. 2420201, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 500.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34256 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris a nd Mayor Bowers--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------0.
SCHOOLS: Council having previously authorized the City Clerk
to advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to receive the views of
citizens regarding appointment of two Roanoke City School Board
Trustees for three year terms of office commencing July 1, 1999, the
matter was before the body.
Candidates for the positions are Toni J. Brandon, Charles W.
Day, Michael W. Ridenhour and Brian J. Wishneff.
Advertisement of the public hearing was published in The
Roanoke Times on Tuesday, April 6, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like
to address Council; whereupon, the following persons spoke:
252
Ms. Anita Anderson, 3547 Penarth Road, S. W., endorsed the
candidacy of Brian J. Wishneff. She advised that Mr. Wishneff has
shown dedication to all children in the school system and a concern
that the focus should remain on the best possible instruction for all
children in a safe environment. She encouraged Council to reappoint
Mr. Wishneff for a second term on the Roanoke City School Board
which will enable him to complete the work he has begun during his
first term.
Mr. Malcolm Taylor, 2613 Floraland Drive, N. W., endorsed the
candidacy of Michael W. Ridenhour. He advised that Mr. Ridenhour is
devoted to the betterment of life for all Roanokers as evidenced
through his service on the City's Human Services Committee. He
stated that Mr. Ridenhour has shown concern for the community, he
has volunteered a great deal of time to aid causes that benefit people
of all ages, he is a family man who is genuine and committed to the
causes he pursues, and he has demonstrated the ability to work with
diverse personalities. He added that Mr. Ridenhour is not afraid to ask
the tough questions and will bring a mix of conservatism with
progressive ideas which will be helpful in accomplishing goals and
objectives to advance the educational process while helping to shape
human lives.
Mr. Jan Wilkins, 505 Woods Avenue, S. W., endorsed the
candidacy of Toni J. Brandon. He advised that Ms. Brandon possesses
great communication skills, particularly with youth. He urged that
Council consider the unique contribution of Ms. Brandon as a young
adult who works with youth at the college level and teaches journalism
at Virginia Tech. He advised that a young person who can devote the
necessary time and has a passion for education would be a great asset
to the School Board.
Esther Cirasunda, President, Roanoke Education Association,
endorsed the candidacies of Charles W. Day and Brian J. Wishneff.
She advised that Mr. Day continues to be an avid supporter of the
success of children in public education and has a true insight into the
job of professional educators. She further advised that Mr. Wishneff
has shown substantial growth during his tenure on the School Board
and continues to bring forth responsible issues that influence the daily
lives of public school students and staff. She stated that if there were
three vacancies on the School Board, the Roanoke Education
Association would support Mr. Ridenhour who shows vision for the
future and a focus on education as a top priority.
n"'.'~"""'iIIj'*,"'I'Ul'.L.. ,.I '__.L_~L..'-l.-~L.-_~,i__\1.U_lLLJI.l10.11""'00; i '."" ".,
253
Ms. Kay McGrath, 2436 Stanley Avenue, S. E., endorsed the
candidacy of Michael W. Ridenhour. She advised that her objective is
to relate to Council the sincerity and genuineness of Mr. Ridenhour
both as a person and as a community servant. She stated that he is
especially concerned with the elderly community and understands their
needs and desires. She advised that as his children have become
adults, Mr. Ridenhour is now in a position to pursue his goal of
community service in the direction of education, he is a believer in
common sense, hard work and achievement, he will work tirelessly for
the Roanoke City Public Schools if given the chance, he is dedicated to
researching the latest trends in education and to helping those trends
become a part of Roanoke's system, and he will be an advocate for the
best interests of children by helping teachers to do the best possible
job.
Mr. Nick Conte, 2801 Avenham Avenue, S. W., endorsed the
candidacy of Brian J. Wishneff. He advised that he has worked with
Mr. Wishneff on numerous projects and he was impressed with his
commitment to the City and to the Roanoke City School system. He
stated that Mr. Wishneff honors his word and brings a common sense
approach to that which he strives to accomplish.
Ms. Marilyn Curtis, 1718 Jersey Avenue, N. E., endorsed the
candidacies of Charles W. Day and Brian J. Wishneff. She advised that
Mr. Day has been involved in education for many years, and she had the
opportunity to work with him as a parent, a PTA'leader and as a fellow
School Board member. She stated that Mr. Day has a wealth of
knowledge, and he has adapted to many changes in education
throughout the years which has given him a veterans knowledge of the
Roanoke City School system. She advised that Mr. Wishneff has been
genuinely interested in the education of students and in keeping
Roanoke abreast of current trends leading to quality education as State
and Federal mandates are handed down. She stated that the School
Board has made great strides in preparing for the next generation by
continuing present programs and initiating new programs that are
future oriented.
Mr. Ralph Smith, 1406 Third Street, S. W., endorsed the
candidacy of Charles W. Day, a leader and a decision maker. While
attending Lucy Addison High School, he advised that as a result of the
efforts of Mr. Day who served as principal, a wrestling program was
established which enabled him to obtain a college scholarship through
the wrestling program. He advised that Mr. Day provided an unique
254
opportunity for him to pursue his college education; and he is still
providing those same opportunities for students in the Roanoke City
Public School system.
The Reverend Vater Colbert, 2730 Byron Drive, N. W., endorsed
the candidacy of Toni J. Brandon. He advised that Ms. Brandon is a
product of the Roanoke City Public School system, she is currently an
educator at Virginia Tech, and she is ready to serve her community. He
stated that one of the greatest aspirations of all citizens is to educate
young people and to offer them the opportunity to return to their
community as contributing products of success. He stated that each
candidate brings unique qualities to the table, but Ms. Brandon brings
that extra something that can make a difference in the next century.
There being no further speakers, and without objection by
Council, the Mayor advised that the remarks of all speakers would be
received and filed.
OTHER HEARING OF CITIZENS: None.
There being no further business, the Mayor declared the meeting adjourned
at 8:00 p.m.
APPROVED
7h~ j fL
Mary F. Parker
City Clerk
~'~
Mayor
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255
PERSONNEL COMMITTEE------------ROANOKE CITY COUNCIL
April 21, 1999
3:30 p.m.
A meeting of the Roanoke City Council Personnel Committee, composed of
the Members of the Roanoke City Council, was called to order on Wednesday,
April 21, 1999, at 3:30 p.m., in the City Council's Conference Room, 215 Church
Avenue, S. W., City of Roanoke, with Chairman David A. Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers --------------------6.
ABS E NT: Wi II iam Wh ite, Sr. --------------------------------------------------------------------1 .
OFFICERS PRESENT: Mary F. Parker, City Clerk.
COUNCIL-CITY ATTORNEY: Ms. Wyatt moved that the City Council Personnel
Committee meet in Executive Session to conduct an interview of a prospective
candidate for the position of City Attorney, pursuant to Section 2.1-344 (A)(1), Code
of Virginia, (1950), as amended. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and
ftftCl)'()rB()'^'er!S------------------------------------------------------------------------------------------------Ei.
NAYS: N()I1t!--------------------------------------------------_______________________________________().
(Council Member White was absent.)
At 3:35 p.m., the Chairperson declared the meeting in recess.
During the Executive Session, Council Member White entered the meeting.
At4:55 p.m., the meeting reconvened in the Council's Conference Room, with
all Members of the City Council Personnel Committee in attendance.
COUNCIL-CITY ATTORNEY: With respect to the Executive Session just
concluded, Mr. Hudson moved that each Member of the City Council Personnel
Committee certify to the best of his or her knowledge that: (1) only public business
mCltters lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters as were
256
identified in any motion by which any Executive Session was convened were heard,
discussed or considered by the City Council Personnel Committee. The motion was
seconded by Mr. Harris and adopted by the following vote:
--'"
AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
ftfta)r()r E5()wEtrs-----------------------------------------------------------------------------------------------7'.
NAYS: N()r1Et--------------------------------------------------------------------------------------------().
Mr. White moved that the City Council Personnel Committee reconvene in
Executive Session to discuss potential salary and benefits of a prospective
candidate for the position of City Attorney. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
ftfta)r()r B()wEtr!5-----------------------------------------------------------------------------------------------Ei.
NAYS: N()r1Et------------------------------------------------------------------------------------------().
(Vice-Mayor Harris left the meeting prior to the vote on the motion.)
At 5:05 p.m., the Chairperson declared the meeting in recess.
-
The City Council Personnel Committee reconvened at 5:25 p.m., in the City
Council's Conference Room, with Chairperson Bowers presiding and all Members
of the Committee in attendance with the exception of Vice-Mayor Harris.
"-'Ii
ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain
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 Executive
Session was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
ftftCl)r()r E5()'^'Etr!i-----------------------------------------------------------------------------------------------Ei.
NA"S: NOrlEt------------------------------------------------------------------------------------------().
(Vice-Mayor Harris was absent.)
J
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257
The Chairperson advised that he was instructed by the Personnel Committee
to offer the position of City Attorney of the City of Roanoke to a specific candidate
and to negotiate the terms of employment.
Mr. White moved that the matter of an appropriate adjustment to the salary of
the Director of Finance in order to bring the salary up to market level be referred to
1999-2000 budget study. The motion was seconded by Mr. Trout and adopted.
There being no further business, the Chairperson declared the meeting of the
City Council Personnel Committee adjourned at 5:30 p.m.
APPROVED
;;~jP~
Mary F. Parker
City Clerk
258
COUNCIL----PUBLlC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 21, 1999
6:00 p.m.
The Council of the City of Roanoke held public interviews with four candidates
for the position of School Board Trustee on Wednesday, April 21 , 1999, at 6:00 p.m.,
in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers------------------6.
ABSENT: Vice-Mayor C. Nelson Harris----------------------------------------------------1.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
The meeting was declared in recess at 6:05 p.m.
The meeting reconvened at 6:10 p.m., on April 21, 1999, in the Social Services
Conference Room, Room 306, Municipal Building North, 215 Church Avenue, S. W.,
City of Roanoke, with Mayor Bowers presiding and all Members of Council in
attendance, with the exception of Vice-Mayor Harris.
The meeting was opened with a prayer by Mayor Bowers.
SCHOOLS: The Mayor advised that on June 30,1999, the terms of office of
Charles W. Day and Brian J. Wishneff as Trustees ofthe Roanoke City School Board
will expire, and the purpose of the meeting is to interview four candidates for the
upcoming vacancies.
The Mayor called attention to the following actions which were taken by
Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke
(1979), as amended:
At regular meetings of the City Council held on January 19 and February 1,
1999, Council announced its intention to elect Trustees of the Roanoke City
School Board for three year terms of office commencing July 1, 1999 and
ending June 30, 2002.
I I
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259
Advertisements were placed in The Roanoke Times and in The Roanoke
Tribune inviting applications for the upcoming vacancies. Five applications
were received in the City Clerk's Office prior to the deadline on Wednesday,
March 1 0, 1999, at 5:00 p.m. One application was later withdrawn.
On March 15, 1999, at 6:00 p.m., Council held a reception with the candidates
which was open to the public.
On March 15, 1999, at 7:00 p.m., Council, as a Committee of the Whole,
reviewed and considered all applications.
At the regular meeting of City Council on Monday, April 5, 1999, at 2:00 p.m.,
Council voted to interview Toni J. Brandon, Charles W. Day, Michael W.
Ridenhour and Brian J. Wishneff.
A notice was published in The Roanoke Times inviting attendance at a public
hearing to be held by City Council on Monday, April 19, 1999, at 7:00 p.m., to
receive the views of citizens regarding School Board applicants, and further
inviting the public to submit proposed questions to the candidates by filing
such written questions in the City Clerk's Office by 5:00 p.m., on Wednesday,
April 15, 1999; however, no questions were submitted.
The Mayor explained that the selection process provides that Council will
publicly interview each candidate separately and out ofthe presence and hearing of
the other candidates; and Section 9-21, Public Interview of Candidates, of the Code
of the City of Roanoke (1979), as amended, provides, in part, that interviews of the
candidates shall take place in an order deemed appropriate by City Council;
whereupon, the Mayor advised that the City Clerk had scheduled interviews in the
following order:
6:00 p.m. - Charles W. Day
6:30 p.m. - Brian J. Wishneff
7:00 p.m. - Michael W. Ridenhour
7:30 p.m. - Toni J. Brandon
Mayor Bowers pointed out that each candidate will be given the opportunity
to make an opening statement of not more than five minutes, and thereafter, Council
will ask such questions, as Council, in its discretion, deems advisable. He explained
that four interviews will be held and each interview will consist of approximately 30
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minutes, and after each interview is completed, the candidate may leave the
Conference Room inasmuch as no action will be taken by Council on this date. He
further noted that all interviews will be taped by Roanoke Valley Television, RVTV
Channel 3, to be televised on April 23, 1999, at 7:00 p.m., and April 24 and 25 at 5:00
p.m.
In conclusion, the Mayor advised that on Monday, May 3, 1999, at 2:00 p.m.,
or as soon thereafter as the matter may be considered, the Council will hold an
election to fill the two vacancies on the Roanoke City School Board, for terms
commencing July 1, 1999, and ending June 30, 2002.
The first Derson to be interviewed was Charles W. Dav.
Mr. Day advised that serving on the Roanoke City School Board for two terms
of office has been one of the highlights of his professional career, because one of
the greatest rewards in life is to know that one can make a difference in the
educational process for all children by helping to insure that they will receive a
quality education. He requested that he be reappointed to the Roanoke City School
Board which will provide him with an opportunity to continue his contributions
toward educating children through team work, and community effort that starts in
the home with parents and continues throughout the school system. He stated that
during his tenure on the School Board, he has actively worked with the school
community to insure that proper collaboration takes place and based on his
experience as a School Trustee, he can attest to the fact that the strength of any
School Board member lies in the ability to communicate effectively with other Board
members, the Superintendent of Schools, central office staff, teachers, parents and
students. He added that School Board members should possess the ability to make
sound decisions, they should be accessible, they should be good listeners, team
players and independent thinkers who possess the ability to make sound decisions
and to work well with other Board members on decisions that will make a difference
in the quality of education for Roanoke's students. He stated that during his tenure
on the School Board, he has displayed all of these qualifications and his track
record as an educator speaks for itself with 32 years of experience in education as
a high school teacher, coach, guidance counselor, elementary, junior and senior
high school principal and associate principal, a counselor at Virginia Western
Community College, and Chair and Vice-Chair of the Roanoke City School Board.
He further stated that he is a strong advocate for all children because all children
deserve a quality education; therefor, he requested that Council favorably consider
his application for reappointment to the Roanoke City School Board for another
three year term.
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Mr. Hudson asked the following questions:
What is your position with regard to opening school libraries and/or
gymnasiums during the school year between the hours of 3:00 - 6:00 p.m.?
Mr. Day advised that making school facilities available after school hours
would provide a good reenforcement of the learning process.
How would you assess the performance of Superintendent E. Wayne Harris?
Mr. Day advised that Dr. Harris is doing an outstanding job as School
Superintendent, he has proven to be an innovative leader, and he is proud of his
many accomplishments.
Mr. Swain asked the following questions:
Define what accountability means to you at the following levels:
administration, teacher and student.
Mr. Day advised that administrators should be accountable for meeting their
respective job descriptions; and teachers are the leaders of the instructional
program who are on the cutting edge of education and they should be expected to
meet the guidelines, objectives and vision established by the school division. He
stated that students should be held accountable through self-discipline and applying
themselves to the learning process.
If you find that the vocational education program needs to be improved, what
steps would you take?
Mr. Day advised that vocational education must be monitored and appropriate
instructional programs must be offered because all students will not attend college,
therefore, they must graduate from high school with some type of vocational skill
that will enable them to enter the job market. He called attention to the need for
continuing research in order to remain current on industry trends and initiation
methods to intervene where needed to determine if students are on the right track,
and to insure that they are employable upon graduation from high school.
Mr. Trout asked the following questions:
So much time is being spent on preparing students for the Standards of
Learning tests that teachers and students are not taking advantage of other vital
programs offered by the ~chool system. Do you agree or disagree?
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Mr. Day advised that as teachers and students become more familiar with the
goals and objectives of the Standards of Learning, the time spent in preparing for
tests will be reduced.
What do you consider to be the greatest accomplishment(s) of the Roanoke
City School system during your tenure as a School Board Trustee?
Mr. Day advised that the greatest accomplishment of the School system is the
flexibility to make changes as needed to meet the ever changing needs of all
students. For example: he called attention to an opportunity to expand the City's
offerings by applying for and receiving increased Magnet School funding to expand
programs, and the school administration is making an all out effort to research
programs and funding sources. He added that colleges and universities are
requiring certain subjects and changing their standards, therefor, the Roanoke City
Schools must be flexible in order to meet those challenges.
Mr. White asked the following Question:
What do you perceive to be the major strengths and the major weaknesses
within the Roanoke City School System, and what can you do as an individual Board
member to emphasize the strengths and to mitigate the weaknesses?
Mr. Day advised that the greatest strength of the school system is a good staff
that is flexible in meeting the needs of students, combined with talented young
people, involved parents, and a supportive City Council. He stated that one of the
weaknesses of the system is the need to improve student test scores so that all
students will live up to their learning potential.
Ms. Wyatt asked the following questions:
Explain a promotion and retention policy that opposes social promotions, but
says that no child should be retained prior to third grade and that every child will be
reading on grade level by the end of third grade, regardless of what level of
readiness with which they enter kindergarten?
Mr. Day advised that the policy is similar to a non grading system and once
a teacher determines that a child is not making satisfactory progress, there should
be an intervention program with recommendations on how to get the child back on
track through either summer school or other forms of training. He stated that the
policy should insure that students master the necessary skills at the first, second
and third grade levels.
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Given the broad range of socio-economic and academic readiness by students
and the variances of these variables from school to school and classroom to
classroom, how would you objectively link teacher pay to student Standards of
Learning scores?
Mr. Day advised that the most effective way to enforce the program would be
to insure that there is a true assessment of each individual school, each classroom
and each individual student, because some students are not as gifted or talented as
others at any given time. He stated that the process must be individualized because
what one teacher may need to do during a certain activity year could be different
from the activities of another teacher.
What is your assessment of teacher morale in the Roanoke City School
System?
Mr. Day advised that he hears differing levels of opinion on morale some of
which is that morale is good and others offer the opinion that morale is not where
it should be. As a School Board member, he stated that he is in a position to talk
with teachers and staff and try to understand the issues and resolve problems as
they arise.
On behalf of Vice-Mayor Harris. the Mayor asked the following Question:
Do you currently serve on any School Board committees and how have you
been an asset to the work of the committee?
Mr. Day advised that he has served on several committees, such as the Long
Range Planning Committee; however, currently, he has not been assigned a specific
committee responsibility because until recently the Virginia School Board
Association frowned upon School Board members serving on committees. He
stated that he has advised the Chairperson of the School Board that he would be
receptive to serving on any committee of her choice.
The Mavor asked the following Question:
In view of the tragic situation at Columbine High School in Littleton, Colorado,
where students were killed and/or injured by other students, what additional steps
can be taken to protect students in the Roanoke City Public Schools?
Mr. Day spoke in support of initiating a conflict resolution program to provide
a means to resolve problems through dialogue and development of self-discipline.
He stated that school safety contingency plans are in effect in all Roanoke City
schools.
264
The second Derson to be interviewed was Brian J. Wishneff.
Mr. Wishneff advised that he has enjoyed serving on the Roanoke City School
Board for the past three years and has learned a great deal about the school system.
He stated that as Chair of the Schools' Audit Committee and the Legislative
Committee, he has an unique perspective on the workings of the school system. He
advised that he was instrumental in causing School Board meetings to be more
open and user friendly to the public, and he has supported an aggressive capital
improvements program, efforts to increase school safety, efforts to invest in training
and development of teachers, and the necessary resources to improve student
instruction. He stated that any organization, if it is to be successful, must be
focused on those things that are most important to achieving its mission, and he
would like to continue to serve as a member of the School Board team in order to
playa continuing role in providing the best education possible for the children of
Roanoke.
Mr. Swain asked the following questions:
Define what accountability means to you at the following levels:
administration, teachers and students.
Mr. Wishneff advised that by the year 2006-07, if the school system does not
meet certain achievements it stands to lose its accreditation which is the ultimate
in accountability and the School Board must be held accountable; therefor, it is
vitally important to involve and to pass responsibility on to the Superintendent, the
School administration, principals, teachers, parents and students.
How would you propose to improve the quality of the vocational education
program?
Mr. Wishneff advised that there is no issue more important to the success of
a community than an available and trained workforce and if the City of Roanoke is
to compete, it must address the matter accordingly. He called attention to a
proposed new concept which will address the issue of vocational education through
creation of a "technology academy" similar to the Governor's School on a regional
basis.
Mr. Trout asked the following Questions:
How much patriotic education is included in the Standards of Learning?
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265
Mr. Wishneff responded that after reviewing the results of the Standards of
Learning test scores throughout the Commonwealth of Virginia, test scores
appeared to be consistently low in history and social studies. He stated that there
needs to be a major shift in focus back to history and social studies, otherwise,
mistakes of the past will be repeated if that type of information is not instilled in
Roanoke's youth.
Mr. White asked the following question:
What do you perceive to be the major strengths and the major weaknesses
within the Roanoke City School system, and what can you do as an individual Board
member to emphasize the strengths and to mitigate the weaknesses?
Mr. Wishneff advised that the school system does a good job of providing
resources, but parents, teachers and students need to be supportive of those
resources. He stated that Roanoke's school facilities are among the best in the
country, with course offerings that are diverse, and students can go as far as their
abilities will take them. He advised that a weakness lies in low test scores that must
be reversed and he will support whatever measures are necessary to change the
trend.
Ms. Wyatt asked the following questions:
Explain a promotion and retention policy that opposes social promotions but
says no child should be retained prior to third grade and that every child will be
reading on grade level by the end of third grade, regardless of what level of
readiness with which they enter kindergarten?
Mr. Wishneff advised that School Board workshops have been dedicated to
the promotion/retention policy. He expressed concern that if one looks at the
lessons learned from the Standards of Learning test scores, despite the questions
that are perceived to be problems, the SOL's have the attention of everyone because
they are very specific and there is a certain number that must be reached. He stated
that it appears that the same kind of specificity should apply to the
promotion/retention policy.
Given the broad range ofsocio-economic and academic readiness by students
and the variances on these variables from school to school and from classroom to
classroom, how would you objectively link teacher pay to student Standards of
Learning scores?
266
Mr. Wishneff responded that he supports the concept and is willing to support
the process to determine if it can be achieved.
What is your assessment of teacher morale in the Roanoke City School
system?
Mr. Wishneff advised that there currently appears to be a great deal of stress
and the best way to relieve stress is to be successful in the school system.
On behalf of Vice-Mayor Harris. the Mayor asked the following question:
As you seek reappointment following your initial three year term of office on
the School Board, how would you propose to strengthen the relationship between
businesses and schools?
Mr. Wishneff advised that he has not been able to achieve as much in that
regard as he would like; however, the proposed technical academy will provide a
direct relationship with the business community.
Mr. Hudson asked the following questions:
What is your position with regard to opening school libraries/gymnasiums
during the school year between the hours of 3:00 p.m. and 6:00 p.m.?
Mr. Wishneff advised that he would support the concept of making school
facilities more available to the public during after school hours, and called attention
to a series of meetings over the last six to 12 months to discuss those issues and
to explore ways to make the schools more accessible. He added that he has
encouraged the School Superintendent to explore the idea of opening the recently
renovated school media centers in the evening, and he is working on a pilot program
to open the three middle schools that are equipped with the latest in computer
technology during after school hours.
How would you assess the performance of Superintendent E. Wayne Harris?
Mr. Wishneff advised that Dr. Harris is doing a great job, and he has helped
the school system to overcome a number of issues.
The Mayor asked the following question:
In view of the tragic situation at Columbine High School in Littleton, Colorado,
where students were killed and/or injured by other students, what additional steps
can be taken to protect the children in Roanoke City Public Schools?
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267
Mr. Wishneff advised that Roanoke City Schools are safe and compare
favorably with other schools in the area. He stated that school safety begins with
behavior and attitude, and school officials have tried to crack down on certain
behavioral issues such as how a child dresses, the use of foul language, and
loitering, all of which lead to a safe school environment and the Roanoke City School
system is making a tremendous amount of progress.
The third person to be interviewed was Michael W. Ridenhour:
Mr. Ridenhour advised that the position of School Trustee carries a huge
responsibility to inspire and to motivate students, and Roanoke is fortunate to have
a man of Dr. E. Wayne Harris' abilities to lead its school system. He stated that even
the humblest of Roanoke's citizens can serve the City and serve it well, and each
citizen should be considered equal, particularly in matters of government and civic
rule. He advised that he has a Masters Degree in Education, although he is not a
skilled teacher, he owns his own business, he has no specified agenda or political
base, and he has no bias for or against any particular group; however, he is gifted
with the ability to listen to people even though they may have differing viewpoints.
He pledged that if he is appointed as a Trustee of the Roanoke City School Board,
every teacher, student, parent or otherwise will receive a friendly, welcome and
helping hand whenever they need assistance. He encouraged all citizens of
Roanoke to offer themselves to public service where they will find a generosity of
spirit by the Members of City Council and the citizens of Roanoke.
Mr. Trout asked the following question:
What experience would you bring to the School Board?
Mr. Ridenhour advised that as a audiologist, he is called upon to make
judgements on tests limited to specific data on a minute by minute basis, which is
based on the appraisal of an individual as he or she reacts, and he does not have the
luxury of making a decision after giving careful thought to the responses. He stated
that he has been successful in working with children from kindergarten to age 20
and his ability to analyze a situation immediately, along with his clinical skills, would
be an asset to the School Board.
Mr. White asked the following question:
What do you perceive to be the major strengths and the major weaknesses
within the Roanoke City School system and what can you do as an individual Board
member to emphasize the strengths and to mitigate the weaknesses?
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Mr. Ridenhour advised that Roanoke has a good teaching staff as evidenced
by the fact that students attend Roanoke City Schools from all over the Roanoke
Valley. However, he stated that the school system is not without its problems such
as the need for better discipline, teachers need to' be instructed in behavior
management, and working in conjunction with school resource officers and the
school administration, teachers could identify those children who may be at risk for
violence or other types of behavioral problems.
Ms. Wyatt asked the following auestions:
Explain a promotion and retention policy that opposes social promotions, but
says that no child should be retained prior to third grade and that every child will
be reading on grade level by the end of third grade, regardless of what level of
readiness with which they enter kindergarten?
Mr. Ridenhour advised that he opposes social promotions, although he would
have a problem with strict guidelines that would be required to be followed in every
case, because there are children who fall into various categories of learning, and no
hard and fast rule should apply to all children since every child is at a different
learning level.
Given the broad range ofsocio-economic and academic readiness by students
and the variances of these variables from school to school and from classroom to
classroom, how would you objectively link teacher pay to student Standards of
Learning scores?
Mr. Ridenhour called attention to those teachers who have dedicated
themselves to working with learning disabled students and stated that he had
previously suggested in an interview with the Roanoke Education Association that
all teachers should be required to teach at Fishburn Park Elementary School or
Crystal Spring Elementary School at least one year during their tenure where they
would have an opportunity to work with highly motivated students. As an
audiologist, he advised that he has the opportunity to relate to people on their
individual levels which is something that teachers must also do. He stated that
some parents do not know the right questions to ask because the school system has
become overly complicated with the Standards of Learning, etc.
What is your assessment of teacher morale in the school system?
Mr. Ridenhour advised that teacher morale is low because of a school
administration that is excellent in its intelligence, but not as excellent in its
communication skills. He stated that in talking with teachers, he is of the opinion
that there is a universal feeling that they are treated as though they are not
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269
intelligent, learned people which leads to feelings of resentment. He further stated
that School Board members should visit all City schools and should not be some
august body that has no outlet to the real world, School Board Trustees should be
accessible and listen to different points of view, and teachers need to perceive that
they are being listened to.
Mr. Hudson asked the following questions:
How would address discipline problems in the schools?
Mr. Ridenhour advised that he believes in a good disciplinary action program
because children are not capable of making good judgement decisions; therefor,
parents, the School Board, Council, teachers, administrators, etc., must exercise
maturity and make sound adult decisions. He stated that children must not be
allowed to have free reign, and if certain standards are set, they will rise to the
occasion.
What is your position with regard to opening school libraries and/or
gymnasiums during the school year between the hours of 3:00 - 6:00 p.m.?
Mr. Ridenhour advised that allowing the media centers and gymnasiums to
remain open after school hours would be an excellent idea if there are children who
are getting into trouble because they have nothing to do before their parents get
home from work in the evening.
Mr. Swain asked the following auestions:
Define what accountability means to you at the following levels:
administration, teacher and student.
Mr. Ridenhour advised that at the top of the tier of accountability is the School
Board, and the Superintendent should be accountable to the School Board. He
stated that the School Board must be knowledgeable about school issues while
being in touch with parents; and the School Board should attend PTA meetings and
stay abreast of concerns of parents and teachers if the School Board is to hold the
school administration accountable. He advised thatteachers should be accountable
to supervisors to insure that effective teaching methods are in place, and the
Standards of Learning will provide a good start, although they are not the be all and
270
end all. In regard to accountability for teachers, he proposed that there should be
supervisory oversight and peer oversight. He stated that accountability for students
should involve attending class, being obedient to teachers, doing their homework,
and doing their best to pass tests.
Mr. Swain asked the following auestions:
If you find that the vocational education program needs to be improved, what
steps would you take?
Mr. Ridenhour responded that working with ones' hands is just as important
in society as working with ones' mind.
On behalf of Vice-Mayor Harris. the Mayor asked the following question:
There is much talk about accountability in public education. Many times
Council hears that more money is needed to improve education, especially as
measured in test scores. While the Roanoke City School budget is presently 50 per
cent greater than it was in 1990, test scores have remained flat. Since more money
is obviously not the answer, what is?
Mr. Ridenhour advised that direction, leadership, and diverse opinions are
necessary in order to reach a consensus. He stated that debating and complaining
is not the solution, because the solution involves everyone working together to raise
the confidence level of children and to provide the necessary direction.
The Mayor asked the following auestion:
In view ofthe tragic situation at Columbine High School in Littleton, Colorado,
where students were killed and/or injured by other students, what additional steps
can be taken to protect the children in Roanoke City Public Schools?
Mr. Ridenhour advised that children should have a formal dress code, and
teachers and administrators should be trained to recognize problem areas through
seminars on behavior management and those symptoms to look for in a troubled
child. He called attention to an Internet course which is designed to help teachers
identify children with problems.
The fourth and final person to be interviewed was Toni J. Brandon.
Ms. Brandon advised that she is offering her candidacy as a Trustee of the
Roanoke City School Board for three reasons: she is a product of the Roanoke City
Public Schools, she is an educator, and she cares about the future of Roanoke's
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271
youth. She further advised that she applied for a position on the School Board
because she wants to give something back to a school system that, along with
parental guidance, helped her to develop integrity, pride in her country and in her
city, faith in God and a sense of self-respect and self-worth. She stated that she has
visited five of the 29 schools in the Roanoke City and observed remarkable
programs currently in place, and spoke in support of competitive programs such as
CITY School. and the Governor's School. She advised that after meeting with
principals from some of the schools, she heard one common message -- more
parental involvement is needed. She explained that as an educator, she recognizes
that there is a new type of student in the classroom today, the student who may be
academically sound, but not socially sound which is an area where there is a need
for character education and promotion of patriotism and pride within the student.
She stated that as we look toward the future, social promotions must be eliminated,
and expressed support of the new Standards of Learning tests. She applauded the
current School Board for hiring more teachers, reducing class sizes, raising teacher
salaries, expanding teacher training, and renovating approximately 12 City schools.
Mr. White asked the following Question:
What do you perceive to be the major strengths and the major weaknesses
within the Roanoke City School system and what can you do as an individual Board
member to emphasize the strengths and to mitigate the weaknesses?
Ms. Brandon advised that the strengths of the Roanoke City School system
lie in the excellent programs that are currently in place, such as the Magnet Schools
which provide an opportunity for children to participate in various programs, along
with preparing them for certain life experiences and to move on to higher education
and to further their goals in life. She also spoke in support of the CITY School
program and the International Baccalaureate Program which makes Roanoke City
more competitive nationally with other school systems. In terms of weaknesses, she
advised that teachers are concerned about parental involvement and a lack of
motivation by some students to learn which is a problem in most school systems.
Ms. Wyatt asked the following questions:
Explain a promotion and retention policy that opposes social promotions but
says that no child should be retained prior to third grade and that every child will be
reading on grade level by the end ofthird grade regardless of what level of readiness
with which they enter kindergarten?
272
Ms. Brandon advised that the goal of the new Standards of Learning is to
prepare Roanoke's youth to move forward to the next level of learning. She stated
that she strongly opposes social promotions and supports summer school
programs to better prepare students for the Standards of Learning tests.
Given the broad range of socio-economic and academic readiness by students
and the variances of these variables from school to school and classroom to
classroom, how would you objectively link teacher pay to student Standards of
Learning scores?
Ms. Brandon advised thatteaching is a performance-based field which should
provide an incentive for teachers to excel, and the first incentive for teachers should
be to better prepare students for the Standards of Learning tests. She stated that
one incentive could be an added bonus.
What is your assessment of teacher morale in the school system?
Ms. Brandon advised that teacher morale is not low, although there may be
some morale problems, and the fear by some teachers of losing their job and lack
of support could contribute to a morale problem. She added that lack of parental
involvement could also contribute to low morale, and in order to build the morale of
teachers, a strong support system must be in place. She spoke to the advantages
of a mentoring system among teachers.
Mr. Hudson asked the following auestions:
How would address discipline problems in the schools?
Ms. Brandon advised that part of the discipline situation is tied to low self-
esteem which could be altered by reinstitution of character education in the schools.
She stated that Senator John S. Edwards' promotion of character education will help
to involve children in activities that will provide them with a sense of feeling good
about themselves, and a sense of pride in country, and parental involvement will
also help the discipline situation.
What is your position with regard to opening school libraries/gymnasiums
during the school year between the hours of 3:00 - 6:00 p.m.?
Ms. Brandon advised that opening school facilities from 3:00 to 6:00 p.m., is
a good idea because the more a child has to do in terms of focusing on positive
activities the better. She stated that after school programs and activities would help
children to feel good about themselves and to focus on positive activities.
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273
Mr. Swain asked the following questions:
Define what accountability means to you at the following levels:
administration, teacher and student.
Ms. Brandon advised that the school administration and teachers are
accountable for the children and they cannot and should not go into the classroom
without a feeling of responsibility for the outcomes. She called attention to the need
for parental involvement, and advised that getting the students interested in learning
requires a passion from the teacher to teach, and if the childr~n see that the teacher
is excited about a subject matter, the students will also experience excitement.
If you find that the vocational education program needs to be improved, what
steps would you take?
Ms. Brandon praised the vocational education program at William Fleming
Magnet School, advising that there are other excellent programs that could be
duplicated. She stated that those programs currently in place will enable students
to graduate from the Roanoke City School System and to be competitive with
students from other school systems.
Mr. Trout asked the following Question:
So much time is being spent on preparing students for the Standards of
Learning tests that teachers and students are not taking advantage of other vital
programs offered by the school system. Do you agree or disagree?
Ms. Brandon advised that study time must be balanced in preparing for the
Standards of Learning tests and there will be an opportunity during the summer
months to participate in courses addressing the Standards of Learning which will
not take away from daily learning by the students. She stated that the school system
must move forward in preparing students for the Standards of Learning, therefore,
preparation is not taking away from daily education.
On behalf of Vice-Mayor Harris, the Mayor asked the following Question:
The Roanoke City School Board deals with facility management issues; Le.:
capital projects. One major capital project looming in the future is the renovation of
the two high schools, at an estimated cost of $75 million. Given that the School
Board does not have enough debt service incorporated into its budget for such a
project, what are your thoughts about how high school renovations could be
funded?
274
Ms. Brandon c&lIed attention to the possibility of applying for grant funds.
She stated that to identify funding sources will require time, but with appropriate
research and Federal funds, it will be possible to identify funding sources for high
school renovation.
The Mayor asked the following question:
In view ofthe tragic situation at Columbine High School in Littleton, Colorado,
where students were killed and/or injured by other students, what additional steps
can be taken to protect the children in Roanoke City Public Schools?
Ms. Brandon called attention to the need to take a proactive approach to
school safety, and the school system should not find itself in a position of reacting
to violence. She stated that there are discipline problems in the schools, and a first
step in the right direction was the zero tolerance for weapons on school grounds,
and sniff dogs searching for drugs and weapons is also a good idea. She advised
that there is no easy one step solution to eliminating violence from the schools, the
school system should review proactive ways of keeping weapons off school
grounds completely, and involving youth in special activities that will provide them
with reasons to atten1 school while building self esteem is a step in the right
direction. She stated that the school system should continue to look at positive
ways to keep violence out of the schools and when an incident occurs, the School
administration should be forceful in dealing with the situation so that students will
know that a strong stance will be taken and violence will not be tolerated. She
advised that continuing zero tolerance for violence, continuing programs and
activities that promote positive and strong self esteem, initiation of character
education courses, and parental involvement are all important elements to school
safety .
The interviews having been concluded, the Mayor declared the meeting
adjourned at 8:25 p.m.
APPROVED
~~J{J~
Mary F. Parker
City Clerk
3Q~----
David . Bowers
Mayor
I I
I '1Ih.,11 ,,"jl.I'~," "",.~~,..,.."," ,,~., I ,
275
REGULAR WEEKLY SESSION------ROANOKE CITV COUNCIL
May 3, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, May 3,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Reoular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, W. Alvin Hudson, Jr. and Mayor David A. Bowers------------------6.
ABSENT: Vice-Mayor C. Nelson Harris----------------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess.
At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, for a joint session of City
Council and the Roanoke Neighborhood Partnership Steering Committee, with Mayor
Bowers presiding, and the following persons in attendance.
COUNCIL MEMBERS PRESENT: Carroll E. Swain, James O. Trout, William
White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A.
B()vvEtrs-------------------------------------------------------------_____________________________________________jr.
COU NCI L MEM BERS ABSENT: None-------------------------------------------------------0.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEES
MEMBERS PRESENT: Stark H. Jones, R. Jean Bevins, Lular R. Lucky, Mark A. Harris,
William E. Skeen, Shirley M. Bethel, Allen T. Wilson, Keith Moore, Alfred T. Dowe, Jr.,
Mark E. Petersen, Barbara N. Duerk, George M. McMillan, S. Elaina Loritts and
Charles W. Hancock, Chairperson.
276
OTHERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; James D. Grisso, Director of Finance; Mary F.
Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; George C.
Snead, Jr., Director, Public Safety; Mariam A. Stacy, Neighborhood Partnership
Coordinator; Christopher L. Chittum, Neighborhood Planner.
Following lunch, the business session convened at 12:50 p.m.
COUNCIL-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor expressed
appreciation to the Roanoke Neighborhood Partnership Steering Committee for
meeting with Council to share ideas of mutual interest and concern.
Chairman Hancock expressed appreciation for the opportunity to meet with
Council which demonstrates the importance that Council places on the Roanoke
Neighborhood Partnership. He advised that the Steering Committee is a Council
appointed body and serves as advisors to the Partnership staff. He presented a
history of how the Partnership was formed in the late 1970's at a time when the City
knew that government alone could not solve all of Roanoke's problems. He advised
that a community-wide forum was held at the Roanoke Civic Center which was
attended by over 500 persons who expressed their thoughts about what they liked
and what they would change about living in Roanoke; a team of consultants was
hired to complete a neighborhood planning process in four neighborhoods and to
begin to forge a partnership relationship between the City, businesses, non-profit
organizations and neighborhoods and Council appointed a 30 member committee
composed of volunteers from neighborhoods, non-profit agencies, businesses and
government. He stated that today the Partnership consists of 25 neighborhood
organizations, three business associations, 23 Council appointed steering
committee members, committed City staff, business and non-profit agencies and
hundreds of volunteers. He noted that the goals of the Partnership are: to improve
communication between the City and its citizens, to provide assistance to
neighborhood organizations, to provide leadership training and other education to
neighborhood leaders and to serve as an advocate within City Government for
neighborhood interests. He advised that the Partnership supports Council's vision
statement, specifically effective government, participatory government, quality of life
and neighborhood improvements, and also supports Roanoke's Renaissance Vision,
Roanoke's officially adopted comprehensive plan and the Enterprise Strategic Plan.
He further advised that the Partnership has helped the City government to become
responsive to the needs of citizens which results in better decision making,
neighborhoods learn more about how City government works through the
Partnership, and the Partnership fosters a relationship between neighborhoods and
City government that helps the City government to make informed decisions and
enables citizens to have a say in those decisions that affect their daily lives.
, I I
I <lIt 011 ."11",............,, "... ,.,........ ..,.1 ,
277
Mariam Alam Stacy, Roanoke Neighborhood Partnership Coordinator,
presented a review of Partnership programs:
(1) The Mini Grant program has been ongoing since 1981 with over 100
neighborhood-based projects ha~ing been funded. These projects
have contributed to the strength of the neighborhoods and their ability
to identify and to solve problems. Annually, the program takes
approximately 100 - 120 hours of staff time to administer, however,
much of the program is administered by volunteers undertaking grant
projects.
(2) Neighborhood Development Grants - Funds are used for larger
projects and awarded only to those neighborhoods with a proven track
record of project management. Nine grant applications were submitted
in 1998-99, two projects were fully funded and two projects were
partially funded, totaling $30,000.00.
(3) Operation Paint Brush provides for painting and minor repairs for
low income homeowners in member neighborhoods and since its
inception over 225 houses have been painted as a part of the program.
(4) Eyesores Alert Program allows the Partnership to follow up on
complaints to eliminate eyesores in the community.
(5) Neighborhood planning studies have been prepared in the lastthree
years in the Belmont and Hurt Park neighborhoods, the Northwest
Neighborhood Environmental Organization and most recently, the
Greater Raleigh Court Neighborhood Plan.
;,
(6) Training programs take place on an ongoing basis which includes
a training and development manual, and working one on one with
individuals, especially newly elected presidents of neighborhood
organizations to develop leadership skills.
Barbara N. Duerk, Past Chair, Roanoke Neighborhood Partnership Steering
Committee, presented information on the subcommittees of the Partnership; viz:
Executive Committee
Communications/Marketing Subcommittee
Community Life Subcommittee
Crime Prevention Subcommittee
Grants ~ubcommittee
Legislative Subcommittee
278
Long Range Planning Subcommittee
Organization Subcommittee
Training and Development Subcommittee.
Christopher L. Chittum, Neighborhood Planner, presented an update on the
following grant projects:
Landlord Training Program was designed to include informational
brochures, training seminars, and a web page, which program is
currently on hold until sufficient staff is available to carry the project
forward.
Code Enforcement Handbook is a simple guide for citizens regarding
some of the most common code violations that effect quality of life in
Roanoke's communities which includes a definition for the violation, a
brief description of code enforcement, and information on how to
report a violation. The final draft is ready to be laid out and printed.
Two training sessions have been offered to educate neighborhood
leaders on the basics of zoning and development controls in the
community. A neighborhood developmentteam contacts City Planning
staff if it is felt that there will be controversy or confusion about a
zoning development, which allows the City Planning Department to be
proactive to potential problems before the matter is heard by the City
Planning Commission.
Ms. Stacey reviewed other Partner.ship activities, as follows:
Participation in the Roanoke Renaissance process by addressing
issues ranging from neighborhood and entrance beautification to
infrastructure such as sidewalks and drainage.
An annual delegation is sent to the National Neighborhoods USA
Conference which, in some cases, provides the only opportunity for
many neighborhood leaders to meet leaders from other communities
to discuss similar problems and to research how other communities
have resolved certain issues.
Since 1994, the Partnership has been working with the Police
Department to initiate a Police Liaison Program which is an intensive
policing policy and requires police officers to attend community
policing training. Police officers now attend all neighborhood
meetings.
I t I j II I l.tll'l I ..)I.. r........... "".~" "," .....,.. -,.d I ..
279
The Partnership staff works with the Citizens Service Center in order to
improve customer service to Roanoke's citizens by focusing on
improved services through re-engineering projects for weed control
and solid waste, and a request for proposals for a citizen survey is
underway.
The Partnership staff works with many City departments and citizen
participation advocates for neighborhood interests, such as the dog
ordinance amendment, solid waste management bulk pickup program,
and parks and recreation master planning process.
Items of discussion during the remainder of the meeting included removal of
dilapidated buildings, the need to upgrade the City's Zoning Ordinance, guidelines
for the Board of Zoning Appeals and the Subdivision Ordinance, abandoned vehicles
and the need to strengthen City Code provisions, amendments to the dog ordinance,
and involvement by the Partnership in the Parks and Recreation Master Plan.
There being no further business, the Mayor declared the meeting in recess at
1 :45 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, May 3, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A.
B()\ftIEtr!t----------------------------------------------------------------------------------------------------------Jr.
ABSE:N1r: N()I1Et-------------------------------------------------------------------------------------Cl.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
280
SCHOOLS: The Mayor announced that on June 30, 1999, there
will be two vacancies on the Roanoke City School Board for terms
commencing July 1, 1999, and ending June 30, 2002; four persons
applied for the two vacancies prior to the deadline on March 10, 1999,
and public interview of the four applicants was held on April 21, 1999.
The Mayor advised that without objection by Council, the
following four names would be placed in nomination for the two
vacancies:
Tony J. Brandon
Charles W. Day
Michael W. Ridenhour
Brian J. Wishneff
The following roll call vote was recorded in which Members of
Council cast their votes for two of the above named nominees:
FOR MS. BRAN DON: None--------------------------------------------------O.
FOR MR. DAY: Council Members Swain, Trout, White, Wyatt,
Harris, Hudson, and Mayor Bowers------------------------------------------------7.
FOR MR. RIDENHOUR: Council Members Swain, Wyatt and
I-Il1c1s()r1---------------------------------------------------------------------------------------3.
FOR MR. WISHNEFF: Council Members Trout, White, Harris and
Mil)f()rE3()'^'Etrs------------------------------------------------------------------------------4.
The Mayor declared Charles W. Day and Brian J. Wishneff as
Trustees of the Roanoke City School Board for terms of three years,
each, commencing July 1, 1999, and ending June 30, 2002.
PRESENTATIONS:
CITY SHERIFF: On behalf of the Members of Council, the Mayor
presented a 25 year service award to the Honorable George M.
McMillan, Sheriff.
PROCLAMATIONS-SPORTS ACTIVITIES: The.Mayor recognized
the Roanoke Express Hockey Team for a successful hockey season
and presented each player with a "Star City Patch" to be worn on their
uniform.
'...... .........'.....IIfl, 'I.', p I ...'----'l.J ......l.....~ c.II I .111.1 oIll1"I.I..J..........IIIO~ ".,.,.,........."... ,,~i, .,. .
281
PROCLAMATIONS: The Mayor presented a proclamation
designating May 8, 1999, as Letter Carriers Food Drive Day.
In recognition of the event, Council Members and Council-
Appointed Officers donated.canned food item.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-CITY EMPLOYEES: The Mayor presented a
proclamation designating the week of May 3 - 9, 1999, as Public Service
Recognition Week.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-TOURISM: The Mayor presented a
proclamation designating the week of May 2 - 8, 1999, as National
Tourism Week.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-TOURISM: The Mayor presented a
proclamation designating the month of May 1999, as Virginia Heritage
Tourism Weeks.
(For full text, see Proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT -LANDMARKS/HISTORIC
PRESERVATION: Mary Beth Layman, President, Roanoke Valley
Preservation Foundation, presented the Annual Preservation Award for
Governmental Excellence in Preservation to the City of Roanoke for its
continuing support over a period of ten years-of the Department of
Historic Resources, Roanoke Regional Preservation Office. Also in
attendance were Dr. John Kern, Director, Roanoke Regional
Preservation Office; and Whitney H. Feldmann, Governmental Relations
Committee, Roanoke Valley Preservation Foundation.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent. Agenda and considered separately. He
282
ACTION:
ACTION:
called specific attention to three requests for Executive Session to
discuss a personnel matter, being consideration of the appointment of
a particular person as City Attorney; disposition of publicly held
property, specifically the conveyance of land and a building in the
downtown area; and personnel matters with regard to vacancies on
various authorities, boards, commissions and committees appointed
by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd Mayor Bowe rs--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------().
CITY ATTORNEY-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, being consideration of the appointment
of a particular person as City Attorney, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter, being
consideration of the appointment of a particular person as City
Attorney, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Swain and adopted by the
following vote:
ACTION:
ACTION:
j ,I j I, 1.1 1111l_11..I."'l.f.I...........~ "'.-.............1'111 ~.... I"
283
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
PURCHASE/SALE OF PROPERTY-COUNCIL: A report of the
Acting City Manager requesting that Council convene in Executive
Session to discuss the disposition of publicly held property,
specifically the conveyance of land and a building in the downtown
area, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request ofthe Acting
City Manager to convene in Executive Session to discuss the
disposition of publicly held property, specifically the conveyance of
land and a building in the downtown area, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd Mayor Bowe rs--------------------------------.:..----------------------------7.
NAY!): N()I1Et------------------------------------------------------------------------Cl.
COUNCIL-SCHOOLS: Copy of a communication from Mayor
David A. Bowers addressed to the Mayor of Littleton, Colorado,
expressing sympathy regarding the tragic occurrence at Columbine
High School, was before Council. (Students/teachers were killed and/or
injured by other students.)
Mr. White moved that the communication be received and filed.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd May or Bowers--------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
284 '
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, presented a briefing on school safety and security. He
advised that there are 29 schools and four separate programs that
comprise the Roanoke City Public School system, educating 13,600
students daily. He stated that the every day number one priority of the
schools is to provide a safe and orderly environment, and the recent
acts of violence that occurred in Littleton, Colorado (students and
teachers injured and/or killed by other students) has caused everyone
to be aware of how vulnerable we are to acts of violence intruding into
every public facility. He advised that incidents occurred last week at
two high schools and two middle schools and at two of the alterative
education schools which caused the school day to be disrupted as
much as four hours in one situation, however, in each instance, it was
found that the incidents were either rumor or a threat that had no basis,
and order was restored. He presented copy of a letter that was sent
home by students or mailed to the homes of many of the middle and
high school students which. is the same document that appeared in a
recent commentary in The Roanoke Times that highlights those actions
that have been taken by the Roanoke City Public Schools to insure
school safety. He advised that a total of nine resource officers have
been placed in the Roanoke City Schools; he commended the Sheriff
for adding two deputy sheriffs and the school system also has its own
school security personnel who have been trained by Roanoke City
police training professionals. He added that a document was mailed to
the home of each studentexplaining the standards for student behavior
and the school system takes the students through a series of steps to
help them understand their responsibility and parents are asked to be
involved in discussing appropriate and inappropriate behavior with
their children, and parents are encouraged to spend time with their
children and to show a regular presence in the schools. He advised
that in the wake of the Littleton, Colorado, incident, effective today, an
additional school security person has been placed at each of the high
schools, each middle school and high school will be monitored by
randomly using hand held metal detectors two times each week until
the end of the school year, and evacuation procedures have been
reviewed with all principals, ,representatives of the Police Department,
and emergency medical services staff. He assured Council that the
Roanoke City Schools are safe and orderly.
ACTION:
,1;'-"::",!H:-11",J .l"r'"J...~;1 Illt..IIJ ..IJ."...........~".,""*,,....".."~.,
285
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
CITY EMPLOYEES: M. Don Caldwell, Commonwealth's Attorney,
representing the City Action Team, presented a history of the City
Action Team which was formed in 1995 and is comprised of
representatives of 15 - 25 City departments which focus on problems
that effect the quality of life of citizens of the City of Roanoke and on
those problems that can be addressed over a period of time. He
advised that 1995 activities focused on the adoption of the inoperative
motor vehicle ordinance and since 1996 approximately 4000 vehicles
have been cited under provisions of the ordinance; in 1997, the City
Action Team focused on tire amnesty which was a two day event in
which over 30,000 used tires were collected; in 1998, the City Action
Team addressed Urban Swarm and volunteers collected trash from
alleys and curbs ides in each quadrant of the City and, as a result of
their action, over eight and one-half tons of debris was collected from
City alleys and streets. He stated that 1999 was Spring Clean Day and
the Roanoke River and its tributaries were targeted for clean up along
its banks, and 22 tons of trash was collected.
Without objection by Council, the Mayor advised that the remarks
of Mr. Caldwell would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY CODE-ANIMALS/INSECTS: The City Manager submitted a
written report advising that documented citizen concern and
complaints about dogs running without a leash, dogs defecating on
public and private property, and dogs disturbing their neighbor's ability
to enjoy their own property have been made to the Animal Control Unit,
the Citizens' Service Center, the City Manager's Office, the Roanoke
Neighborhood Partnership, and other offices responding to citizens'
concerns; in September 1.997, representatives from several City
departments began having meetings to define problems and issues
related to dogs; and after several meetings with neighborhood
organizations, the Neighborhood Presidents' Council and various other
286
groups, including the Roanoke Kennel Club, the Star City Canine Club,
and the SPCA, a draft ordinance was prepared in October 1998, which
addressed the many issues pertaining to changes in Chapter 6,
Animals and Fowl, Code of the City of Roanoke, 1979, as amended.
It was further advised that the Animal Control Unit, the Police
Department, and other City offices continue to receive numerous
complaints from citizens regarding public safety and the health and
welfare of citizens pertaining to the inconsistency of the current dog
ordinance; the Code of Virginia has been changed to mandate that
animals must be vaccinated by four months of age instead of six
months; and the animal's gender does not have to be specified on the
certificate.
It was explained that an advertised public meeting was held at
the Jefferson Center, Fitzpatrick Hall, on November 30, 1998, with more
than 70 persons participating; issues in the proposed ordinance
highlighted the following: number of dogs allowed per household in a
residential area, a "leash law," the "fecal cleanup law," and public
nuisance issues; and these and other issues have resulted in agreeable
revisions to the ordinance between the City and its citizens.
The Acting City Manager recommended that the City Code be
amended by adoption of a proposed ordinance to include the following:
"Public nuisance animal" defined. It is a class 3
misdemeanor (up to $500.00 fine) to keep a public
nuisance animal in the City, and the animal may be
impounded. In addition, any person injured or damaged
by a public nuisance animal may seek injunctive relief. ~6-
11.
Duty of animal owners to protect other persons, animals
and property from injury or damage resulting from their
animal's behavior is codified. ~6-12.
Definition of "dog" is broadened to include hybrids and
crosses. ~6-22.
_......J,J!....L........L_ I j I It.II_I.illl'I~"'~"""'-.'""~"""I'I.""" 1.'
287
Definition of "to run at larQe or running at large" is
amended so that dogs under voice or hand control will
violate ~6-23 prohibiting owners from allowing a dog to
run at large. This is a class 4 misdemeanor (up to $250.00
fine.)
Dogs kept on residentially zoned property or property
used for residential purposes are limited to four dogs. ~6-
27.
Owners are required to remove feces deposited by their
animals on public property or on private property without
permission. Violation is a class 4 misdemeanor (up to
$250.00 fine.) ~6-29.
Distinction between male and female dogs is abandoned
for purposes of license fees. ~6-42.1 (a).
Annual license fees for unsterilized dogs are set at $10.00
(highest permitted by State Code) and $5.00 for sterilized
dogs. ~6-42.1 (a).
License fee for commercial kennels is increased in $50.00
increments up to a kennel for 50 dogs. ~6-42.1 (a).
Provision is made for three-year dog licenses at
discounted rates - $25.00 unsterilized and $10.00
sterilized. ~6-42.1(b).
Service dogs. guide dogs and hearing dogs are exempted
from license fees. ~6-42.1(d).
One who becomes the owner of a dog must obtain a
license within 30 days. ~6-43.
Licenses will be reQuired for dogs four months of age or
older (currently 6 months.) ~6-43.
Licenses will no longer state the sex of a dog, but will
state whether sterilized or unsterilized. ~6-45(b).
(For full text, see report on file in the City Clerk's Office.)
288
Richard Erickson, 2602 Oakland Boulevard, N. W., member ofthe
Star City Canine Club, advised that certain dogs must be off leash in
order to perform in dog shows and the proposed ordinance addresses
that issue. He stated that the Star City Canine Club supports the
revisions to the ordinance. .
Patti Campbell, 2337 Carter Road, S. W., officer and member of
the Star City Canine Club, advised that the organization has over 60
members who are committed to training their dogs for fun and
competition through public education of dog owners. She further
advised that the proposed ordinance addresses the three most
frequently heard complaints concerning dog ownership: (1) barking
that disturbs the neighborhood, (2) dogs running at large, and (3)
cleaning up after a dog. She stated that those sections on nuisance
and cleaning up after animals provides citizens, police and the court
system with the means to enforce action against those persons who
ignore their responsibilities as pet owners. She advised that the Star
City Canine Club supports the ordinance, appreciates the opportunity
to participate in the process, and encourages Council's adoption ofthe
proposed amendments at its next meeting.
Leonetta Litchford, 2548 Villamont Road, Blue Ridge, Virginia,
representing Commonwealth Search and Rescue, advised that the
organization appreciates the special consideration which was given to
search and rescue dogs in the proposed ordinance. She further
advised that search and rescue dogs work by scent, therefor, they must
work and train off leash and the proposed ordinance represents a
balance of fairness to search and rescue dogs who have been
exempted while training and working.
Lee Fitzgerald, 228 Herndon Street, Fincastle, Virginia,
representing the Roanoke Kennel Club, Virginia Federation of Dog
Groups and Greeters (Roanoke Delegate), advised thatthe organization
supports any and all efforts to encourage reasonable ownership of
companion animals. She further advised that carefully planned animal
control ordinances prevent the types of incidents that result in the
passage of negative laws in an atmosphere of panic and hysteria. She
stated that the major Canine organizations which were included in
preparing the ordinance believe that the four dog limit is a workable
compromise for a reasonable dog owner, and the proposed changes in
the existing nuisance laws will, when enforced, address other
problems.
1...1 J"...,..L" __ L j , 'II~ III ~,I+'~""""""" """~""",,"'.tl,,.. I _,I. ,
289
Mr. Shawn Holbrook, 2050 Maiden Lane, S. W., spoke againstthe
proposed definition of dogs running at large, specifically that portion
that requires a dog to be under direct physical restraint by a leash,
cage, etc., because a dog under the control of its owner should not
have to be under direct physical restraint. He advised that he sees no
reason to change the ordinance as presently drafted, and requested
that there be no change to the definition of dogs running at large.
Kathy Tineglia, 4412 Laurelwood Drive, member of the Roanoke
Kennel Club and the Star City Canine Club, expressed appreciation for
citizen involvement in the process and spoke in favor of the proposed
amendments to the ordinance.
Mr. Harris moved that the report be referred to the Acting City
Attorney for preparation of the proper measure for consideration by
Council at its next regular meeting on Monday, May 17, 1999. The
motion was seconded by Mr. Hudson.
Ms. Wyatt advised that the number of dogs on anyone property
should be clarified.
Mr. Swain requested that the size of a lot be taken into
consideration because four dogs on a small lot may not be feasible.
The motion was unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BONDS/BOND ISSUES-HIGHER EDUCATION CENTER: The
Acting City Manager submitted a written report advising that in January
1996, the Virginia General Assembly funded a feasibility study to
convert the former headquarters building of the Norfolk and Western
Railway into a training and education center in downtown Roanoke; in
1997, the General Assembly adopted HB1180 establishing the Roanoke
Higher Education Authority to expand access to education offerings in
the Roanoke Valley and to own, construct, and operate the Roanoke
Higher Education Center; in July 1997, Council supported the
establishment of a Higher Education Investment Fund with a pledge of
$2.5 million from City funds to establish the Center in downtown
Roanoke; in December 1997, Norfolk Southern Corporation donated its
former headquarters building to the Roanoke Foundation for
Downtown, Inc., to house the Roanoke Higher Education Center; in
February 1998, the Virginia General Assembly provided $5,379,000.00
290
ACTION:
to renovate the former Norfolk and Western headquarters building for
the Center and $62,500.00 for operating expenses of the Authority; in
May 1998, Council included $250,000.00 towards the Higher Education
Center Project as part of the fiscal year 1998-99 General Fund budget;
and in July 1998, the Roanoke Higher Education Center Authority went
into effect.
It was further advised that in January 1999, Governor Gilmore
included $3.6 million in the State budget to be used to renovate the
Center, and $162,500.00 in operating costs for the Authority which was
approved by the General Assembly; the Roanoke Foundation for
Downtown, Inc., is in the process of donating the building to the
Roanoke Higher Education Center, Inc.; contracts have been awarded
for internal demolition and asbestos abatement in the building, and
renovation bids will be rece!ved by the Authority in August 1999, with
construction to begin in September 1999, and the anticipated opening
date for the Center is September 2000; the City is requested to provide
full funding for its $2.5 million investment to renovate the Center; the
City anticipates providing parking and certain public infrastructure
improvements in the public spaces surrounding the Center; and the
Code of Virginia gives localities the authority to issue bonds pursuant
to the Public Finance Act for such suitable public purposes and further
requires that a public hearing be held to receive citizen input on the
issuance.
The Acting City Manager recommended that Council authorize
the City Clerk to advertise a public hearing to be held on June 21, 1999,
for the purpose of receiving public inputon the issuance of$2.5 million
in bonds under the Public Finance Act of the Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the City Clerk be authorized to advertise a
public hearing for Monday, ~une 21, 1999, at 7:00 p.m., on the above
matter. The motion was seconded by Mr. Hudson and unanimously
adopted.
John S. Edwards, Chair, Roanoke Higher Education Authority,
expressed appreciation for the City's support of the Higher Education
Center and advised that the $2.5 million from bonds will be added to the
$9 million that the Commonwealth of Virginia has appropriated, $5
million of which has already been received and ~3.6 million is hoped to
be received on July 1 which, along with the tax credits, will enable the
',~.J.;l. t;'f,~)';.- I,..' I 11(.IILI'"j.,',........,~....'"I"...H.".t" 'I
291
former GOB North building to be renovated into a Higher Education
Center. He advised that the process of removing hazardous materials
and demolition work on the structure is moving forward and in
August/September, a full time renovation contractor and a full time
executive director will be hired. He stated that the facility should be
open by the fall season of the year 2000.
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
The Acting City Manager submitted a written report advising that the
City of Roanoke entered into a performance agreement with Johnson
& Johnson Vision Products (J & J) for property rights acquisition for
improvements to existing Frontage Road, Ferndale Drive and Ordway
Drive, providing access to Johnson & Johnson Vision Products; the
performance agreement requires that the City of Roanoke perform
certain off-site improvements to provide access to the J & J facility to
be completed by July 1, 2000; proposed improvements include
extending Frontage Road so that the J & J site will be accessible from
Peters Creek Road and Hershberger Road; a cul-de-sac will terminate
Ferndale Drive approximately 400' from the intersection of Ferncliff
Drive; and Ordway Drive will be extended to provide access by J & J to
the rear of its manufacturing site.
It was further advised that plans are sufficiently complete to
identify the property rights needed to construct the project; owners of
the various properties from whom property rights are to be obtained
are identified in Attachment B to the report; and authorization is needed
to proceed with title work, appraisals, negotiations with property
owners and document preparation.
The Acting City Manager recommended that he be authorized to
take the appropriate action to acquire all property rights necessary for
the construction of the project, in a form to be approved by the City
Attorney; said property rights may be acquired by negotiation or
eminent domain and include fee simple, permanent easements,
temporary construction easements, right-of-way, licenses or permits,
etc.; and estimated cost of acquisition of said property rights is
$425,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
292
ACTION:
ACTION:
(#34257 -050399) AN ORDINANCE providing for the acquisition of
certain interests in property needed by the City for improvements to
Frontage Road, Ferndale Drive and Ordway Drive to provide access to
the Johnson & Johnson Vision Products facility; setting a certain limit
on the acquisition costs of such property rights; providing for the City's
acquisition of such property rights by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on the property for, the purpose of commencing the
project; all upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 500.)
Mr. Trout moved the adoption of Ordinance No. 34257-050399.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowe rs--------------------------------------------------------------7.
NA"!): N()I1Et------------------------------------------------------------------------0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of March, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
financial report would be received and filed.
REPORTS OF COMMITTEES:
SIDEWALK/CURB AND GUTTER-BUDGET: Council Member
Carroll E. Swain, Chairperson, Bid Committee, presented a written
report on behalf of the Committee, in connection with bids received by
the City for construction of new concrete sidewalks, entrances and
curb throughout the City, Phase IV; whereupon, he recommended that
Council approve the following actions:
ACTION:
'1"'lI1"~"".'lIh~I"1
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293
Authorize the City Manager to execute a unit price contract
with H. & S. Construction Company, in the amount of
$588,611.00, and authorize a project contingency of
$60,000.00.
Transfer $548,611.00 from the sale of Public Improvement
Bonds - Series 2000 Streets and Sidewalks to an account
to be established by the Director of Finance in the Capital
Projects Fund entitled, "Sidewalk and Curbs Phase IV."
Appropriate $100,000.00 from Transfer to Capital Projects
Fund, Account No. 001-004-9310-9508, to the same
"Sidewalk and Curbs Phase IV" account.
Adopt a resolution declaring the City's intent to reimburse
itself $548,611.00 from the proceeds of the Series 2000
Bonds for New Concrete Sidewalks, Entrances and Curbs;
the maximum principal amount of debt expected to be
issued for the new concrete sidewalks, entrances and
curbs is $548,611.00. .
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34258-050399) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 502.)
Mr. Swain moved the adoption of Ordinance No. 34258-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson a nd May or Bowers--------------------------------------------------------------7.
NAYS: N()I1Et--------------------------------------------------______________________().
294
ACTION:
ACTION:
Mr. Swain offered the following emergency ordinance:
(#34259-050399) AN ORDINANCE accepting the bid of H. & S.
Construction Company for the construction of New Concrete
Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements
throughout the City, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 503.)
Mr. Swain moved the adoption of Ordinance No. 34259-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers---------------------------------------------------------7.
NA"S: N()l1e----------------------------------------------------------------------Cl.
Mr. Swain offered the following resolution:
(#34260-050399) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuantto Ordinance No.
33497-072197, adopted July 21, 1997, for certain expenditures to be
made for construction of New Concrete Sidewalks, Entrances, Curb
and Gutter, Phase IV improvements; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 504.)
Mr. Swain moved the adoption of Resolution No. 34260-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers---'-------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------0.
BUDGET-STREETS AND ALLEYS: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
ACTION:
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295
for construction of asphalt concrete overlays and pavement profiling
of various streets within the City of Roanoke; whereupon, he
recommended that Council approve the following actions:
Award a contract to L. H. Sawyer Paving Co., Inc., in the
amount of $1,681,099.60, and establish a contingency, in
the amount of $88,292.40, in a form to be approved by the
City Attorney.
Appropriate $350,000.00 in CMERP funding to Street
Paving, Account No. 001-052-4120-2010.
Reject all other bids received by the City.
A report of the Acting City Manager advising that the 35,510 tons
of asphalt will pave approximately 64 lane miles; the average number
of lane miles paved during this ten-year period is 65 which is greater
than the 57 lane-mile goal each year; and recommending that Council
approve the recommendations of the Bid Committee Report, was before
the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34261-050399) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 505.)
Mr. Swain moved the adoption of Ordinance No. 34261-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayo r Bowers---------------------------------------------____-------------7.
NA YS: None----------------------------------------------____----------------------0.
Mr. Swain offered the following emergency ordinance:
296
ACTION:
(#34262-050399) AN ORDINANCE accepting the bid of L. H.
Sawyer Paving Co., Inc., for paving and profiling of various streets,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 506.)
Mr. Swain moved the adoption of Ordinance No. 34262-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers-------------------------------------------------7.
NA)(S: N()I1Et----------------------------------------------------------------------().
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY -EASEMENTS-INDUSTRIES-AIR
RIGHTS: Ordinance No. 34248, authorizing execution of an agreement
with InSystems Technologies, Ltd., for the fee simple conveyance of a
portion of City-owned property, as well as an air rights easement
across said property, identifjed as Official Tax No. 1010310, commonly
known as a vacant lot at the northwest corner of Norfolk Avenue and
First Street, S. W., authorizing conveyance of said rights, upon certain
terms and conditions, for the sum of $11,000.00, upon form approved
by the City Attorney, and upon terms and conditions as set forth in a
report to Council dated April 19, 1999, having previously been before
the Council for its first reading on Monday, April 19, -1999, read and
adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final
adoption:
(#34248-050399) AN ORDINANCE authorizing the execution of an
agreemellt with InSystems Technologies, Ltd., for the fee simple
conveyance of a portion of City-owned property, as well as an air rights
ACTION:
ACTION:
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297
easement across said property, identified by Official Tax Map No.
1010310, commonly known as a vacant lot at the northwest corner of
Norfolk Avenue and First Street, S. W., authorizing conveyance of said
rights upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 493.)
Mr. Harris moved the adoption of Ordinance No. 34248-050399.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers--------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
ROANOKE MEMORIAL HOSPITALS-HOSPITALS-AIR RIGHTS:
Ordinance No. 34252, authorizing a lease between the City of Roanoke
and CHS, Inc., for the lease of additional airspace over Crystal Spring
Avenue, S. W., in the City, for a term commencing as soon as all legal
requirements are met and ending May 13, 2058, for a one-time rental
payment of $200.00, to be paid prior to May 13, 1999, and upon certain
other terms and conditions as set out in the lease and incorporated by
reference and the bid of CHS, Inc., having previously been before the
Council for its first reading on Monday, April 19, 1999, read and adopted
on its first reading and laid over, was again before the body, Mr.
Hudson offering the following for its second reading and final adoption:
(#34252-050399) AN ORDINANCE authorizing a lease between the
City of Roanoke and CHS, Inc., for the lease of additional airspace over
Crystal Spring Avenue, S. W., in the City, for a term commencing as
soon as all legal requirements are met and ending May 13, 2058.
(For full text of Ordinance, see Ordinance Book No. 61, page 494.)
Mr. Hudson moved the adoption of Ordinance No. 34252-050399.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Harris, Hudson and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None--------------------------------------------______----------------------0.
298
ACTION:
(Council Member White abstained from voting.)
ZONING: Ordinance No. 35253, amending certain proffered
conditions for the rezoning of approximately 8.769 acres of land,
located on the west side of Oakland Boulevard, N. W., identified as
Official Tax No. 2250105, which conditional rezoning was previously
approved by the Council, pursuant to Ordinance No. 33361 adopted on
May 5, 1997, to reflect the changes in proffered conditions as shown in
the Fifth Amended Petition to Amend Proffers filed in the City Clerk's
Office on April 15, 1999, and as set forth in a report of the City Planning
Commission dated April 19, 1999, and rescinding Ordinance No. 33361,
adopted May 5, 1997, having previously been before the Council for its
first reading on Monday, April 19, 1999, read and adopted on its first
reading and laid over, was again before the body, Mr. Swain offering the
following for its second reading and final adoption:
(#34253-050399) AN ORDINANCE to amend 1136.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet No. 225,
Sectional 1976 Zone Map, City of Roanoke, in order to amend certain
conditions presently binding upon certain property previously.
conditionally zoned C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 61, page 496.)
Mr. Swain moved the adoption of Ordinance No. 34253-050399.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers------------------------------------------------------7.
NA'(S: None------------------------------------------------------------------------0.
STREETS AND ALLEYS: Ordinance No. 34254, permanently
vacating, discontinuing and closing public right-of-way, as follows:
from a point located at the intersection of 13th Street and Edmund
Avenue (an undeveloped street) and proceeding in a northeastern
manner for approximately 730' to the intersection of Edmund Avenue
and Light Street (another undeveloped street), then proceeding in a
southeastern manner for approximately 300' to the intersection of Light
Street and the existing Baldwin Avenue; and from a point located at the
intersection of Baldwin Avenue and said alley, which runs parallel to
Edmund Avenue, and proceeding in a northeastern manner for
ACTION:
ACTION:
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299
approximately 630' to the intersection of Light Street (an undeveloped
street), having previously been before the Council for its first reading
on Monday, April 19, 1999, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34254-050399) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 497.)
Mr. Trout moved the adoption of Ordinance No. 34254-050399.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers--------------------------------------------------------------7.
NA'(S: None------------------------------------------------------------------------0.
EASEMENTS: Ordinance No. 34256, authorizing execution of a
deed of easement granting Shenandoah L. P., a drainage easement
across City-owned property located across Forest Park Elementary
School property, identified as Roanoke City Tax No. 2420201, as more
particularly set forth in a report of the Water Resources Committee
dated April 5, 1999, having previously been before the Council for its
first reading on Monday, April 19, 1999, read and adopted on its first
reading and laid over, was again before the body, Ms. Wyatt offering the
following for its second reading and final adoption:
(#34256-050399) AN ORDINANCE authorizing the execution of a
deed of easement granting Shenandoah L.P., a drainage easement
across City-owned property located across the Forest Park Elementary
School property identified by Roanoke City Tax Map No. 2420201, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 500.)
Ms. Wyatt moved the adoption of Ordinance No. 34256-050399.
The motion was seconded by Mr. White and adopted by the following
vote:
300
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers------------------------------------------------------------7.
NAYS: None-----------------------------------------------------------------------0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MA YORAND MEMBERS
OF COUNCIL:
HOUSING/AUTHORITY-WATER RESOURCES: Atthe next Council
meeting on Monday, May 17, 1999, Council Member Swain advised of
his intention to move that the report of the Water Resources Committee
under date of April 5, 1999, in regard to acceptance of a donation and
conveyance of certain property located on McDowell Avenue, N. W., to
the City from the Roanoke Redevelopment and Housing Authority for
construction ofa newsign at the intersection of the Historic Gainsboro
area, be taken from the table.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET -JUVENILE CORRECTIONAL FACILITIES: Dr. George K.
Bowers, President of the Board, Youth Haven - Sanctuary Education
Foundation, Inc., of the Roanoke Valley, expressed concern in regard
to the proposed funding reduction in the fiscal year 1999-2000 budget
for Youth Haven - Sanctuary.
Inasmuch as local matching funds and State grant funds are
involved, it was the consensus of Council that the matter would be
referred to the Acting City, Manager to meet with Dr. Bowers and
provide Council with a follow-up response.
ACTS OF ACKNOWLEDGEMENT: Ms. Evelyn D. Bethel, 35 Patton
Avenue, N. E., appeared before Council as a student member of the
Roanoke Valley Unit of the Virginia State Parliamentarian Association,
and expressed appreciation to the Mayor for addressing the
organization at its 42nd Annual Conference. She read a poem by a
member of the Virginia State Parliamentarian Association in
remembrance of their meeting in the "Star City."
At 4:50 p.m., the Mayor declared the meeting in recess.
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301
At 5:30 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
COUNCIL: With respectto the Executive Sessionjustconcluded,
Mr. Harris 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and May or Bowers-------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP STEERING COMMITTEE: The Mayor advised that there
is a vacancy on the Roanoke Neighborhood Partnership Steering
Committee created by the resignation of Ronald H. Miller, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Mark A. Harris.
There being no further nominations, Mr. Harris was appointed as
a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 1999, by the following vote:
ACTION:
FOR MR. HARRIS: Council Members Swain, Trout, White, Wyatt,
Harris, Hudson and Mayor Bowers-------------------------------------------------7.
There being no further business, the Mayor declared the meeting adjourned
at 5:35 p.m.
71t; ; L
Mary F. Parker
City Clerk
APPROVED
~'
David A. Bowers
Mayor
302
SPECIAL MEETING ------ ROANOKE CITY COUNCIL
May 3, 1999
7:00 p.m.
The Council of the City of Roanoke met in special session on Monday, May 3,
1999, at 7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson
Road, N. E., City of Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding,
pursuant to Resolution No. 34250-041999, adopted by the Council on Monday,
April 19, 1999.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, W. Alvin Hudson, Jr. and Vice-Mayor C. Nelson Harris-----------6.
ABSENT: Mayor David A. Bowers------------------------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Johnny Stone,
Pastor, Hill Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
BUDGET-TAXES-GRANTS: The Vice-Mayor advised that the purpose of the
Special Meeting was to hold a public hearing to receive comments from citizens
with regard to the 1999-2000 recommended City budget; certain tax rate increases;
and the recommended fiscal year 1999-2000 U. S. Department of Housing and Urban
Development (HUD) Funding Budget.
Notices of advertisement of the public hearings were published in
The Roanoke Times on Wednesday, April 7,1999, Tuesday, April 20 and Saturday,
April 24; and in the Roanoke Tribune on Thursday, April 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
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The Vice-Mayor advised that the Acting City Manager has recommended a
balanced fiscal year 1999-2000 General Fund budget totaling $176,413,924.00; and
the recommended budget is anticipated to increase $7,851,990.00, or 4.66 per cent,
over the current fiscal year and includes funding for the following major
expenditures:
Local Support for Schools ($1,218,643.00) - additional funding for
Roanoke City Public Schools.
Employee Compensation ($2,904,869.00) - 4.0 per cent of the midpoint,
based on 2.3 per cent increase in the pay plan structure; additional
increase for sworn public safety positions on December 1, 1999.
Residential/Detention Services ($382,200.00) -funding has increased to
provide payments to the Roanoke Valley Detention Commission for City
of Roanoke juveniles housed at the Juvenile Detention Center (JDC)
after the Commission assumes operational responsibility; the JDC
budget has been adjusted to reflect nine months of operation by the
City and three months of operation by the Commission; once the
Commission assumes operations, a per diem rate per juvenile will be
charged to participating localities; this per diem will be paid in place of
operating and personal services costs from the JDC budget; and the
projected net cost is approximately $70,000.00.
Fees for Professional Services - ($380,151.00) - funding will increase
primarily as a result of increased revenues from the
Telecommunications Act; these funds are being dedicated to the Street
Paving Program.
Social Services Program Expenditures ($952,727.00) - funding will
increase such programs as Foster Care, Subsidized Adoption, Day Care
Services and Transportation related to Welfare Reform.
Fixed Asset Maintenance ($125,000.00) - increased funding will be used
for enhanced maintenance of City facilities.
Chemicals ($45,000.00) - funding will increase to provide additional
chemicals for snow removal.
Printing ($47,652.00) - funding will increase to provide printing
expenses in departments, such as the Office of Billings and Collections
and the Police Department.
304
Demolition ($20,000.00) - funding will increase to provide for demolition
of more unsafe structures.
Recommended Supplemental Budget Requests ($1,380,301.00)
All other City Budget Expenditures have increased $395,447.00.
The Vice-Mayor explained that the adjusted School budget total is
$97,009,414.00 and represents an increase of $4,856,424.00, or 5.27 per cent over
fiscal year 1998-99; the fiscal year 1999-2000 budget continues the present level of
services with minimal cost increases; City staff focuses on delivering quality
services in an efficient manner; and a limited number of new programs or activities
are recommended in the operating budget to be funded with existing general
revenues.
The Vice-Mayor stated that it has been recommended to Council by the Acting
City Manager that the current transient occupancy tax of five per cent of the total
amount paid for room rental be increased to six per cent and the length of stay on
which such tax is imposed be extended from 31 days to 90 days beginning July 1,
1999.
The Vice-Mayor advised that comments of citizens are also invited with regard
to the proposed fiscal year 1999-2000 Annual Update to the HUD Consolidated Plan.
He stated that HUD representatives have informed City staff that Roanoke's new
CDBG and HOME entitlements will total $2,784,000.00, an increase of$61 ,000.00 over
1998-99 funding; in addition, Roanoke will receive $75,000.00 in Emergency Shelter
Grant Funds to support homeless activities, which funds are being re-instated to the
City of Roanoke after a three year absence. He stated that including the new
entitlements, total funding of $4,091,728.00 is estimated to be available for fiscal year
1999-2000.
The Vice-Mayor explained that the 1999-2000 Annual Update to the
Consolidated Plan is responsive to the concerns of the citizens of Roanoke and
meets the regulatory requirements of HUD; it provides for housing improvements,
homeless activities, activities for youth, business development, creation of new job
opportunities, human services, the strengthening of our neighborhood
organizations, and adequate administrative oversight for the entire program.
The Vice-Mayor opened the floor for comments and requested that speakers
limit their remarks to three minutes each; whereupon, the following persons
addressed Council:
LA I l
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305
Nancy Spigle, representing Roanoke City Retired Teachers, and a member of
the State Legislative Committee for Retired Teachers, appeared before Council and
advised that current teacher salaries in Roanoke City are now at the national level;
however, salaries of retired teaches and administrators have not kept pace and are
falling below the national level. She further advised that at the 1999 Session of the
Virginia General Assembly, House Bill 1844 was approved which will give every
teacher who has taught at least 15 years in Virginia $2.50 for each teaching year to
be used toward health insurance credit and to be capped at age 75. She stated that
since Roanoke City retired teachers are state and local employees, Roanoke City is
requested to provide $1.00 per year for each teaching year to be capped at 15 years
of service and to be used toward health insurance credit. She added that according
to the Virginia Supplemental Retirement System, only 500 teachers and
administrators in Roanoke City will be eligible for the benefit.
William Carder, 617 South Jefferson Street, advised that the Roanoke Valley
has a great product for tourism and convention business, but even the best product
must be marketed and to that end, Roanoke City falls way behind other cities in
Virginia and other competing cities across the United States. He stated that of the
$730,000.00 budget of the Roanoke Valley Convention and Visitors Bureau, only
$77,000.00 is used for advertising as compared with millions of dollars being spent
by Roanoke's competitors. He advised that the 23 hotels in Roanoke City generate
$28,240,000.00 in sales, but contribute much more in terms of dollars spent to do
business, not to mention the $9 million spent on wages for over 2000 employees. He
further advised that the lodging market in the Roanoke Valley is flat and has
remained flat for the last 15 years, and fewer people are spending the night in the
Roanoke Valley than compared to 1995. He stated that the hospitality industry in the
City of Roanoke does not want to be taxed, but it does want to be invested in. He
further stated that 90 per cent of the advertising budget of the Patrick Henry Hotel
goes to the Convention and Visitors Bureau and all Roanoke City hotels contribute
$256,000.00 to the Convention and Visitors Bureau. He advised that the hotel
industry proposes that the City of Roanoke invest the one per cent increase in the
transient lodging tax and dedicate the $288,000.00 additional funds to the tourism
market which will give the tourism industry the critical mass it needs to not only
advertise the Roanoke Valley but to allow the advertising fund to grow; viz:
$288,000.00 in year one, $380,000.00 in year two, and $535,000.00 in year three. He
stated that this investment by the City will be a win - win situation for both the
tourism industry and the taxpayers of Roanoke because the tourism industry will
benefitfrom more travelers and taxpayers will benefitfrom more incremental growth
revenues that could be used for capital projects such as schools, road improvements, etc.
306
David Yamada, General Manager, Roanoke Airport Marriott, advised that the
hotel industry does not want to be taxed, but it does support an investment in the
future. He stated that 80 per cent of his current advertising budget goes to
marketing of the Roanoke Valley in various forms, and the Roanoke Airport Marriott
currently contributes 23 per cent of its total tax revenue to the City and, in addition,
supports marketing by the Roanoke Valley Convention and Visitors Bureau and
other local area venues. He stated that if the transient lodging tax is increased,
revenues should be focused toward the ongoing benefit of the area by allowing
those monies to be reinvested in tourism which will lead to additional revenue for
the City.
Ray Rushton, 526 Orange Avenue, N. W., advised that more money should be
spent on promoting tourism for the Roanoke Valley which will cause more people
to visit the area and increase the revenue base. He stated that the average tax
across the United States (state, local and sales tax) on hotel lodging is 9.27 per cent.
Jonathon Carter, 2377 Howard Road, S. W., advised that Roanoke has a
golden opportunity to look at the product that it has to offer to the rest of the United
States; however, Roanoke is one of the cities that contributes the smallest amount
of advertising dollars in the United States, with a lodging industry that provides
more money toward promoting tourism advertising than the City itself. He stated
that the opportunity to become one of the leading cities in tourism advertising in the
Commonwealth of Virginia is presenting itself, the increase in the lodging tax should
be approved, and funds should be reinvested in the tourism industry to provide the
opportunity for the City to grow and for its tax base to increase.
Jerry Green, representing the Clarion Hotel, urged that Council increase the
transient lodging tax and that the additional funds be reinvested into tourism
marketing of the Roanoke Valley which will, in turn, increase the City's tax base.
Sonny Shah, 1927 Franklin Road, S. W., representing Ramada and Howard
Johnson's in Roanoke City urged that the proposed increase in the transient lodging
tax be approved as long as a major portion of the increase is invested in tourism
market advertising for Roanoke City which, in turn, will generate more tax revenue
for the City of Roanoke. He advised that according to the Virginia Tourism
Department, every dollar spent on advertising brings a regional $8.00.
John A. Sabean, Coordinator, Roanoke Regional Housing Network, a coalition
of approximately 30 agencies and organizations concerned about housing issues
in the City of Roanoke, advised that the organization committed itself to
implementing those recommendations contained in the housing section of Roanoke
Renaissance, and, therefore, submitted an application for funds through the
Community Development Block Grant funding process; however, the Housing
..,.,.,,"................,
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307
Network was not funded through CDBG or through the Human Services Committee
funding process. He added that the Regional Housing Network still believes in the
housing section of Roanoke Renaissance and would like to be involved in
implementing objectives; however, without funding, the organization will be unable
to participate. Therefor, on behalf of the Roanoke Regional Housing Network, he
requested funding by the City.
A representative of Ms. Florine Thornhill, President, Northwest Environmental
Organization, read a communication from Ms. Thornhill advising that for fiscal year
1999-2000, the NNEO requested funds in the amount of $45,000.00, to address water
runoff from Lick Run Creek that leads to flooding of basements in the area; however,
the request was denied. She also expressed concern with regard to the condition
of the 900 block of Centre Avenue, N. W.
(For full text, see communication on file in the City Clerk's Office.)
Katherine Hale, Executive Director, West End Center, Inc., advised that the
West End Center is appreciative of receiving $100,000.00 toward the purchase price
of a facility to expand its prevention services and to increase the number of youth
served by the organization; however, the $100,000.00 represents only 20 per cent of
the total project cost of $600,000.00. She stated that the project will be completed
in four years if purchased in 1999, and with the $100,000.00 currently in hand, the
West End Center would have to raise an additional $75,000.00 before the additional
facility can be purchased. She called attention to the competition in the human
services and cultural services categories of the Community Development Block
Grant funding process, thus, many applicants in both categories are denied funding
or given partial funding of requests. She requested that Council review early
intervention needs of Roanoke's youth and find a way to more fully support those
human service agencies that serve children and families. She stated that the West
End Center receives approximately 85 per cent of its funding from private sources
in the community and as the needs of Roanoke's children grow and youth agencies
must expand services, municipal support must be increased along with private
support.
Chris Muse, 617 6th Street, S. W., advised ofthe importance oftourism to the
Roanoke Valley. He stated that the Roanoke Valley will grow as a result of attracting
those visitors to the area who like what they see and want to live and work in
Roanoke. He advised that in order for people to visit the Roanoke Valley, adequate
funds must be invested in tourism advertising. He stated that if Council would like
to provide a reduction in the real estate tax rate, that is Council's prerogative, but if
persons from outside of the Roanoke Valley are to be taxed, he would request that
the additional money from any increase in the transient lodging tax be reinvested in
tourism advertising through the Roanoke Valley Convention and Visitors Bureau.
308
There being no further business, the Vice-Mayor declared the Special Meeting
adjourned at 7:40 p.m.
APPROVED
ATTEST: ~
Ih~;. r~~
Mary F. Parker
City Clerk
t.~~
Vice-Mayor
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309
SPECIAL MEETING ------ ROANOKE CITY COUNCIL
May 3, 1999
7:41 p.m.
The Council of the City of Roanoke met in special session on Monday, May 3,
1999, at 7:41 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson
Road, N. E., City of Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding,
pursuant to Resolution No. 34250-041999, adopted by the Council on Monday,
April 19, 1999.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, W. Alvin Hudson, Jr. and Vice-Mayor C. Nelson Harris-----------6.
ABSENT: Mayor David A. Bowers------------------------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
BUDGET-TAXES: The Vice-Mayor advised that the purpose of the Special
Meeting is to consider the 1999-2000 Real Property Tax Rate.
The Vice-Mayor further advised that at its Financial Planning Session on
March 20, 1999, Council directed the City Manager to provide a budget submittal
reflecting a reduction in the real estate tax rate of $.01, effective January 1, 2000; the
current real estate tax rate is $1.22 per $100.00 of assessed value; the proposed
reduction will result in a new real estate tax rate of $1.21 per $100.00 of assessed
value; the decrease in the real estate tax rate will result in a revenue reduction of
$191,500.00 in fiscal year 1999-2000 and an additional revenue reduction of
approximately $191,500.00 in fiscal year 2000-2001, totaling $383,000.00.
Notice of advertisement of the public hearing was published in The Roanoke
Times on Tuesday, April 20, 1999.
The Vice-Mayor opened the floor for comments and requested that speakers
limit their remarks to three minutes each.
W. G. Ammen, 4938 Greenway Drive, S. W., appeared before Council in
support of reducing the real estate tax rate by two cents over the next two years. He
advised that he hoped this would be the beginning of an agenda by Council to
reduce the real estate tax rate each year until the City of Roanoke reaches the same
310
real estate tax rate as the City of Salem ($1.18 per $100.00 of assessed value). He
stated that a competitive real estate tax rate with Roanoke County and the City of
Salem would encourage economic development in the City of Roanoke and
discourage citizens from fleeing to the suburbs. He expressed appreciation for
Council's concern for the average homeowner of Roanoke City.
E. Duane Howard, 508-B Walnut Avenue, S. W., a member of the Southwest
Civic Association, the Fair Housing Board, President-Elect ofthe Mayors' Committee
for People With Disabilities, and a representative of the Mayor's Committee to the
Parks and Recreation Master Plan Study Committee, advised that the proposed City
budget calls for a one cent reduction in the real estate tax rate which is not in the
best interest of property owners of the City of Roanoke. He stated that a recent
article in The Roanoke Times indicates that the City of Roanoke is closely behind
other benchmark cities in its parks and recreation facilities, and the future ofthe City
and the quality of life for the City of Roanoke may depend on the Parks and
Recreation Master Plan Study. He advised that Roanoke's current inventory of parks
and recreation facilities is 20 or more years behind current standards for comparable
cities; therefore, Roanoke City must not only maintain its current facilities but
expand those facilities and one of the key elements of the master plan could call for
two new multi-purpose recreational facilities to be constructed over five years. He
indicated that Council may be requested to consider a one cent increase in the real
estate tax to act as a funding source for the Parks and Recreation Master Plan and
if the proposed one cent reduction is rejected, two cents on the real property tax
could be earmarked for recommendations contained in the Parks and Recreation
Master Plan. He stated that if the Parks and Recreation Master Plan is implemented
and funded, property owners will enjoy an overall increase in property values, the
City will become a much more appealing location for potential new business and
property owners, and the quality of life of Roanoke's citizens will be greatly
enriched. He urged that Council table the proposed one cent reduction in the real
estate tax and that Council and City officials work with the Manager of the
Department of Parks and Recreation to implement and to fund the Parks and
Recreation Master Plan.
EstherCirasunda, President, Roanoke Education Association, advised that the
REA is composed of 65 - 70 per cent of the teaching staff in the Roanoke City Public
Schools and educational support personnel. She stated that the REA is concerned
that Council is proposing a one cent reduction in the real estate tax rate which could
cause a reduction in the amount of funds allocated to the school system. She
advised that although Roanoke City taxpayers will benefit slightly from the proposed
tax decrease, Roanoke's children could benefit far more if the real estate tax rate is
not reduced. She inquired as to the seriousness of the City about raising
educational standards if it cuts educational funding sources. She advised that the
Superintendent of Schools has stated that the lose of revenue for one year as a
t_..I, I J .i___.' I , .,11-0 ,1'1 i"j.,'................",..~~i.......,....,.......,...I'.
311
result of a one cent reduction in the real estate tax rate can be equated to the
following examples: a four per cent across-the-board increase in employee salaries,
or a two per cent scale raise for teachers with more than 21 years of experience, or
seven much needed teaching positions, or the purchase of newly adopted textbooks
in social studies and math in order to meet the new Standards of Learning. She
encouraged the Members of Council to visit the schools and learn more about what
is going on and to talk first hand with those persons who must meet the needs of the
children on a daily basis. She requested that education of Roanoke's students
continue to be a top priority in Roanoke City and advised that the Roanoke
Education Association objects to any action by Council that will reduce funding for
public education in Roanoke City.
William Bestpitch, 381 Washington Avenue, S. W., advised that all citizens
appreciate Council's willingness to provide a real estate tax reduction; however,
they must question if sufficient attention is being paid to Roanoke's future needs.
He further advised that Council has done an excellent job of renovating elementary
and middle schools, but the momentum ~annot stop now because the high schools
must also be improved to meet the challenges of the 21st century. In addition, he
stated that Victory Stadium must be renovated or replaced and whatever option is
ultimately chosen will cost millions of additional dollars, not to mention other
improvements needed in the City's parks and recreation facilities. He added that
there is a growing need for community resource centers to serve older residents, a
funding source needs to be identified for this purpose and for other needs under the
current taxing structure, yet a reduction in the City's real property tax rate has been
proposed. He advised that increasing the budget for tourism promotion would bring
more visitors to Roanoke, thereby generating greater revenue from meals and
lodging taxes almost immediately, but instead of taking steps to increase the
number of tourists, an increase in the lodging tax has been proposed. He stated that
a more business like approach to the budget process would be to increase demand
by promoting the product, increase the cost only if justified by declining supply, and
use revenue increases to fund a dividend in the form of a tax cut only after
identifying those funds required for future needs.
Charles Steele, 1830 Carter Road, S. W., proposed that all real property tax
assessments in the City of Roanoke be frozen and when a house is sold, the selling
price could become the assessed value for the structure. Under that scenario, he
stated that there would not be a need for City wide property assessments.
Charles A. Price, 3101 Willow Road, N., W., advised that he will not have
another child in the Roanoke City School System after this year, but he will be a
citizen of Roanoke and he would prefer that his tax dollars be spent on projects or
programs that will continue to improve Roanoke's future. He stated that he was not
in favor of a reduction in the real estate tax rate.
312
There being no further business, the Vice-Mayor declared the Special Meeting
adjourned at 8:00 p.m.
ATTEST: ~
Ih. ~ 1. (" ~~
Mary F. Parl(er
City Clerk
APPROVED
e_
. Nelson Harris
Vice-Mayor
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313
ROANOKE CITY COUNCIL----------------------SPECIAL MEETING
May 11, 1999
1 :30 p.m.
The Council of the City of Roanoke met in special session on Tuesday, May 11,
1999, at 1 :30 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215
Church Avenue, S. W., City of Roanoke, pursuantto Section 10, Meetings of Council,
ofthe Roanoke City Charter, and pursuantto Resolution No. 34251-041999, adopted
by the Council on Monday, April 19, 1999, with Mayor David A. Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers----------6.
ABSENT: Council Member Linda F. Wyatt------------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
BUDGET: The Mayor advised that the purpose of the special
meeting was to adopt the fiscal year 1999-2000 City operating budget
and other related matters, pursuant to Resolution No. 34251-041999,
adopted by the Council at its regular meeting on Monday, April 19, 1999.
BUDGET: The Director of Finance submitted a revised certificate
advising thatfunds required for the 1999-00 General Fund, Water Fund,
Sewage Treatment Fund, Civic Center Fund, Transportation Fund, City
Information Systems Fund, Materials Control Fund, Management
Services Fund, Fleet Management Fund, Risk Management Fund,
School Fund, and Grant Fund budgets will be available for
appropriation.
(For full text, see revised certificate on file in the City Clerk's Office.)
ACTION:
Without objection by Council, the Mayor advised that the
certificate would be received and filed.
314
ACTION:
BUDGET-TAXES: An Ordinance amending and reordaining
Section 32-239, Definitions, and Section 32-240, Levied: rate, Code of
the City of Roanoke (1979), as amended, by amending the definition of
"transient" and establishing a new transient occupancy tax rate, was
before Council.
Mr. Harris offered the following emergency ordinance:
(#34263-051199) AN ORDINANCE amending and reordaining 132-
239, Definitions, and 132-240, Levied rate, Code of the City of Roanoke
(1979), as amended, by amending the definition of "transient" and
establishing a new transient occupancy tax rate; providing for an
effective date and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 508.)
Mr. Harris moved the adoption of Ordinance No. 34263-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftfta)f()rEJ()'^'Etrs-----------------------------------------------------------------------------Ei.
NA"S: N()I1Et-------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-TAXES-REAL ESTATE VALUATION: An Ordinance
amending and reordaining Section 32-16, Levied: rate. Code ofthe City
of Roanoke (1979), as amended, to provide for reduction of the real
estate tax rate from $1.22 on every one hundred dollars of fair market
value to $1.21 on every one hundred dollars of fair market value, was
before Council.
Mr. Hudson offered tlie following emergency ordinance:
(#34264-051199) AN ORDINANCE amending and reordaining 132-
16, Levied: rate, Code of the City of Roanoke (1979), as amended, to
provide for reduction of the real estate tax rate from $1.22 on every one
ACTION:
ACTION:
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315
hundred dollars of fair market value to $1.21 on every one hundred
dollars of fair market value; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 509.)
Mr. Hudson moved the adoption of Ordinance No. 34264-051199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
Mayor Bowe rs-----------------------------------------------------------------------------6.
NA)(S: N()I1Et--------------~---------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET: An Ordinance adopting the annual General Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1999, and ending June 30, 2000, in the total amount of
$176,413,924.00, was before Council.
Mr. Swain offered the following emergency ordinance:
(#34265-051199) AN ORDINANCE adopting the annual General
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1999, and ending June 30, 2000; and declaring the existence of
an emergency. .
(For full text of Ordinance, see Ordinance Book No. 61, page 510.)
Mr. Swain moved the adoption of Ordinance No. 34265-051199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftnCl)'()rB()\ftfEtr!S-----------------------------------------------------------------------------Ei.
NA)(S: N()I1Et------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
316
BUDGET-WATER RESOURCES: An Ordinance adopting the
annual Water Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1999, and ending June 30, 2000, in the total
amount of $12,517,096.00, was before Council.
Mr. Trout offered the following emergency ordinance:
(#34266-051199) AN ORDINANCE adopting the annual Water Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1999, and ending June 30, 2000; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 514.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 34266-051199.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ww.;a)f()r E5()\ftIEtrs-----------------------------------------------------------------------------1).
NA)(S: N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
SEWERS AND STORM DRAINS-BUDGET: An Ordinance adopting
the annual Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1999, and ending June 30,
2000, in the total amount of $10,190,352.00, was before Council.
Mr. White offered the following emergency ordinance:
(#34267 -051199) AN ORDINANCE adopting the annual Sewage
Treatment Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1999, and ending June 30, 2000; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 515.)
ACTION: Mr. White moved the adoption of Ordinance No. 34267-051199.
The motion was sEtcondEtd by Mr. Harris and adopted by the following
vote:
ACTION:
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317
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftCl)r()rEJ()'^'Etrs-----------------------------------------------------------------------------E).
NAYS: N()I1Et------------------------------------------------------------------------Cl.
(Council Member Wyatt was' absent.)
BUDGET-ROANOKE CIVIC CENTER: An Ordinance adopting the
annual Civic Center Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1999, and ending JunEt 30, 2000, in the total
amount of $4,019,653.00, was before Council.
Mr. Harris offered the following emergency ordinance:
(#34268-051199) AN ORDINANCE adopting the annual Civic
Center Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1999, and ending June 30, 2000; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 517.)
Mr. Harris moved the adoption of Ordinance No. 34268-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftCl)r()rEJ()'^'Etr!t-----------------------------------------------------------------------------E).
NA"S: N()I1Et------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-TRANSPORTATION FUND: An Ordinance adopting the
annual Transportation Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 1999, and ending June 30, 2000, in the
total amount of $2,636,813.00, was before Council.
Mr. Hudson offered the following emergency ordinance:
(#34269-051199) AN ORDINANCE adopting the annual
Transportation Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1999, and ending June 3Cl, 2ClClCl; and declaring
the existence of an emergency.
318
(For full text of Ordinance, see Ordinance Book No. 61, page 518.)
ACTION: Mr. Hudson moved the adoption of Ordinance No. 34269-051199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftft;a)r()rE5()\ftIEtrs-----------------------------------------------------------------------------Ei.
NAYS: N()I1Et----------------------------..--------"---------------------------------().
(Council Member Wyatt was absent.)
BUDGET-CITY INFORMATION SYSTEMS: An Ordinance adopting
the annual City Information Systems Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1999, and ending June 30,
2000, in the total amount of $3,867,172.00, was before Council.
Mr. Swain offered the following emergency ordinance:
(#34270-051199) AN ORDINANCE adopting the annual City
Information Systems Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1999, and ending June 30, 2000; and
declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 519.)
ACTION: Mr. Swain moved the adoption of Ordinance No. 34270-051199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftfta)r()rB()\ftIEtrs-----------------------------------------------------------------------------Ei.
NA"S: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
GENERAL SERVICES-BUDGET: An Ordinance adopting the
annual Materials Control Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 1999, and ending June 30, 2000, in the
total amount of $130,354.00, was before Council.
ACTION:
ACTION:
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319
Mr. Trout offered the following emergency ordinance:
(#34271-051199) AN ORDINANCE adopting the annual Materials
Control Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1999, and ending June 30,2000, and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 521.)
Mr. Trout moved the adoption of Ordinance No. 34271-051199.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftil)'()rES()\ftIEtr!5-----------------------------------------------------------------------------1).
NAYS: N()I1Et------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
BUDGET-MANAGEMENT AND BUDGET: An Ordinance adopting
the annual Management Services Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1999, and ending June 30,
2000, in the total amount of $120,568.00, was before Council.
Mr. White offered the following emergency ordinance:
(#34272-051199) AN ORDINANCE adopting the annual
Management Services Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 1999, and ending June 30, 2000; and
declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 522.)
Mr. White moved the ~doption of Ordinance No. 34272-051199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftil)'()rES()wEtr!5------------------------------------------_----------------------------------1).
N~)(S: ~()I1Et----------------------------------------------____----------------------Cl.
320
(Council Member Wyatt was absent.)
BUDGET-FLEET MAINTENANCE FUND: An Ordinance adopting
the annual Fleet Management Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1999, and ending June 30,
2000, in the total amount of $4,816,798.00, was before Council.
Mr. Harris offered the following emergency ordinance:
(#34273-051199) AN ORDINANCE adopting the annual Fleet
Management Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1999, and ending June 30, 2000; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 523.)
ACTION: Mr. Harris moved the adoption of Ordinance No. 34273-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftft;t)f()rB()\ftIers-----------------------------------------------------------------------------E).
NA"S: N()l1e------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
BUDGET-RISK MANAGEMENT FUND: An Ordinance adopting the
annual Risk Management Fund Appropriation ofthe City of Roanoke for
the fiscal year beginning July 1, 1999, and ending June 30, 2000, in the
total amount of $6,947,061.00, was before Council.
Mr. Hudson offered the following emergency ordinance:
(#34274-051199) AN ORDINANCE adopting the annual Risk
Management Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1999, and ending June 30, 2000; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 524.)
ACTION:
ACTION:
,....,,.,..,.,...........,
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321
Mr. Hudson moved the adoption of Ordinance No. 34274-051199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftfta)r()rEJ()vvEtrs-----------------------------------------------------------------------------E).
NAYS: No n e------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-SCHOOLS: An Ordinance adopting the annual School
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1999, and ending June 30, 2000, in the total amount of
$97,009,914.00, was before Council.
Mr. Swain offered the following emergency ordinance:
(#34275-051199) AN ORDINANCE adopting the annual School
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1999, and ending June 30, 2000; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 525.)
Mr. Swain moved the adoption of Ordinance No. 34275-051199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftfta)r()rEJ()vvEtrs-----------------------------------------------------------------------------E).
NAYS: No ne------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-GRANTS: An Ordinance adopting a portion of the
annual Grant Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1999, and ending June 30, 2000, in the total
amount of $498,637.00, was before Council.
Mr. Trout offered the following emergency ordinance:
322
ACTION:
(#34276-051199) AN ORDINANCE adopting a portion ofthe annual
Grant Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1999, and ending June 30, 2000; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 527.)
Mr. Trout moved the adoption of Ordinance No. 34276-051199.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftfttl)r()rB()\ftfEtrs-----------------------------------------------------------------------------E).
NA"S: N()I1Et-------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
PAY PLAN-BUDGET -CITY EMPLOYEES: An Ordinance to adopt
and establish a Pay Plan for officers and employees ofthe City effective
July 1, 1999; providing for certain salary adjustments and merit
increases; authorizing annual salary increments for certain officers and
employees for use of private motor vehicles; authorizing annual salary
increments for sworn police officers assigned to the Criminal
Investigation Division; authorizing annual salary increments for certain
members of the Fire-Emergency Medical Services Department who are
certified as Emergency Medical Technicians; authorizing annual salary
increments for certain members of the Fire-Emergency Medical
Services Department who are members of the Regional Hazardous
Materials Response Team; providing for additional compensation for
certain sworn police, fire/emergency medical services employees and
sheriff's deputies; providing for establishment of a police career
enhancement program; repealing Ordinance No. 33827-051198, adopted
May 11, 1998, to the extent of any inconsistency, was before Council.
Mr. White offered the following emergency ordinance:
(#34277 -051199) AN ORDINANCE to adopt and establish a Pay
Plan for officers and emplbyees of the City effective July 1, 1999;
providing for certain salary adjustments and merit increases;
authorizing annual salary increments for certain officers and employees
for use of private motor vehicles; authorizing annual salary increments
for sworn police officers assigned to the Criminal Investigation
ACTION:
,-................."-"-
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323
Division; authorizing annual salary increments for certain members of
the Fire-Emergency Medical Services Department who are certified as
Emergency Medical Technicians; authorizing annual salary increments
for certain members of the Fire-Emergency Medical Services
Department who are members of the Regional Hazardous Materials
Response Team; providing for additional compensation for certain
sworn police, fire/emergency medical services employees and sheriff's
deputies; providing for establishment of a police career enhancement
program; repealing Ordinance No. 33827-051198, adopted May 11, 1998,
to' the extent of any inconsistency; and providing for an emergency and
effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 528.)
Mr. White moved the adoption of Ordinance No. 34277-051199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Swain and
ftftCl)r()rE3()\ftfEars-----------------------------------------------------------------------------!).
NA"S: N()I1Ea------------------------------------------------------------------------Cl.
(Council Member Hudson abstained from voting and Council Member
Wyatt was absent.)
DIRECTOR OF FINANCE-CITY CLERK-BUDGET-REAL ESTATE
VALUATION-MUNICIPAL AUDITOR: An Ordinance establishing
compensation for the Director of Finance, Director of Real Estate
Valuation, Municipal Auditor and City Clerk for the fiscal year beginning
July 1, 1999, was before Council.
..
Mr. Harris offered the following emergency ordinance:
(#34278-051199) AN ORDINANCE establishing compensation for
the Director of Finance, Director of Real Estate Valuation, Municipal
Auditor and City Clerk for the fiscal year beginning July 1, 1999; and
providing for an emergency"and an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 533.)
324
ACTION: Mr. Harris moved the adoption of Ordinance No. 34278-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
MiI)f()r EI()\ftIEtrt5-----------------------------------------------------------------------------E).
NAYS: N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
BUDGET-PENSIONS: An Ordinance providing for certain
supplemental benefits under the City of Roanoke Pension Plan to
certain members of such Plan and certain of their surviving spouses,
was before Council.
Mr. Hudson offered the following emergency ordinance:
(#34279-051199) AN ORDINANCE providing for certain
supplemental benefits under the City of Roanoke Pension Plan to
certain members of such Plan and certain of their surviving spouses;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 534.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34279-051199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftil)f()rB()\ftIEtrt5-----------------------------------------------------------------------------E).
NAYS: N()I1Et----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
BUDGET-CITY EMPLOYEES-PENSIONS: A Resolution relating to
payment of a matching contribution of not less than five dollars nor
more than fifteen dollars to the International City Management
Association Retirement Corporation Deferred Compensation Plan on
behalf of any nontemporary employee of the City who makes a
contribution of an equal amount on his or her own behalf to such Plan;
and repealing Resolution No. 33829-051198, was before Council.
ACTION:
"."'y.1 I..!....~),..'P, I., 'lIi'II!'lt'~""""""'_.'_..&._"_<"""I"
'325
Mr. Swain offered the following resolution:
(#34280-051199) A RESOLUTION relating to payment of a
matching contribution of not less than five dollars nor more than fifteen
dollars to the International City Management Association Retirement
Corporation Deferred Compensation Plan on behalf of any
nontemporary employee of the City who makes a contribution of an
equal amount on his or her own behalf to such Plan; and repealing
Resolution No. 33829-051198, adopted May 11, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 536.)
Mr. Swain moved the adoption of Resolution No. 34280-051199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftCl)'()rB()wE!rs-----------------------------------------------------------------------------Ei.
NA)(S: N()I1E!------------------------------------------------------------------------Cl.
(Council ftftember Wyatt was absent.)
BUDGET -HOUSING/AUTHORITY -COMMUNITY PLANNING-
GRANTS: The Acting City Manager submitted a written report advising
that the U. S. Department of Housing and Urban Development (HUD)
requires that entitlement localities such as the City of Roanoke submit
a five-year Consolidated Plan, with Annual Updates, in order to receive
Community Development Block Grant, HOME Investment Partnership
funding and Emergency Shelter Grantfunding; the City receives annual
CDBG, HOME and ESG grants from HUD based on a formula which
considers age of housing, poverty levels and other "distress" factors;
and the amount of the HUD formula grants is related to the number of
entitlement communities nationwide and to how much the U. S.
Congress appropriates.
The Acting City Manager recommended that he be authorized to
submit an approved 1999-2000 Annual Update to HUD for review and
approval, with funding to be available from the following sources:
~
326
ACTION:
New HUD Entitlements
Estimated Program Income
Estimated Carry-over'
$ 2,859,000.00
907,728.00
345.000.00
$ 4,111,728.00
$ 24.819.448.00
$ 28,931,176.00
~-
Subtotal
Estimated Leveraged Funds
Total Estimated Budget
The City Manager explained that upon receipt of program and
budget approval from HUD, a report detailing the necessary budget
appropriations by program and line item, as well as contracts
necessary to carry out the fiscal year 1999-2000 program, will be
presented to Council for adoption.
Mr. Trout offered the following resolution authorizing the City
Manager to submit an approved Annual Update to the Consolidated
Plan for FY 1999-2000 to the United States Department of Housing and
Urban Development (HUD) for final review and approval, and
authorizing execution of the appropriate documents for acceptance of
such funding.
-
(#34281-051199) A RESOLUTION authorizing the City Manager to
submit an approved Annual Update to the Consolidated Plan for FY
1999-2000 to the United States Department of Housing and Urban
Development (HUD) for final review and approval, and authorizing the
execution of the appropriate documents for the acceptance of such
funding.
.......
(For full text of Resolution, see Resolution Book No. 61, page 537.)
Mr. Trout moved the adoption of Resolution No. 34281-051199.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftftCl)f()rB()\ftI4!rs-----------------------------------------------------------------------------Ei.
NAYS: N()I14!------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
-
......,.
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327
There being no further business, the Mayor declared the Special Meeting
adjourned at 2:00 p.m.
APPROVED
ATTEST:
~~Jl !'~
Sandra H. Eakin )
Deputy City Clerk
~..Q~~~~~~ -
~ -----
David A. Bowers
Mayor
~
328
ROANOKE CITY COUNCIL----------------------SPECIAL MEETING
May 11, 1999
2:01 p.m.
The Council of the City of Roanoke met in special session on Tuesday, May 11,
1999, at 2:01 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215
Church Avenue, S. W., City of Roanoke, pursuantto Section 10, Meetings of Council,
of the Roanoke City Charter, with Mayor David A. Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers----------6.
ABSENT: Council Member Linda F. Wyatt------------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The special meeting was called pursuantto the following communication from
the Mayor under date of May 10, 1999, for the purpose of appointing a specific public
officer.
May 10, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Section 10, Meetings of Council, Roanoke City Charter, I am calling a
Special Meeting of the Council of the City of Roanoke on Tuesday, May 11, 1999,
immediately following the Special Meeting of Council which is scheduled to convene
at 1 :30 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215
Church Avenue, S. W. The purpose of the meeting will be to consider the
appointment of a specific public officer.
~
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329
Best personal regards.
Sincerely,
David A. Bowers
Mayor
DAB:MFP:lo
pc: James D. Ritchie, Acting City Manager
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Robert H. Bird, Municipal Auditor
Willard N. Claytor, Director Real Estate Valuation
BUDGET-CITY ATTORNEY: A Resolution electing and appointing
William M. Hackworth as City Attorney for the City of Roanoke, was
before Council.
Mr. Harris offered the following resolution:
(#34282-051199) A RESOLUTION electing and appointing
William M. Hackworth as City Attorney for the City of Roanoke, and
ratifying the terms and conditions of employment as City Attorney
offered to Mr. Hackworth.
(For full text of Resolution, see Resolution Book No. 61, page 538.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34282-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftnCl)'()rB()\ftIEtr!5-----------------------------------------------------------------------------1).
NA"S: N()I1Et------------------------------------------------------------____________().
(Council Member Wyatt was absent.)
330
BUDGET-CITY ATTORNEY: An Ordinance establishing
compensation for the City Attorney for the fiscal year beginning July 1,
1999, was before Council.
Mr. Harris offered the following emergency ordinance:
(#34283-051199) AN ORDINANCE establishing compensation for
the City Attorney for the fiscal year beginning July 1, 1999; and
providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 540.)
ACTION: Mr. Harris moved the "adoption of Ordinance No. 34283-051199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Harris, Hudson, Swain and
ftft;t)f()rB()\ftIers-----------------------------------------------------------------------------Ei.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
There being no further business, the Mayor declared the Special Meeting
adjourned at 2:11 p.m.
APPROVED
ATTEST:
~u-J(. G"f
Sandra H. Eakin
Deputy City Clerk
~~::-
Mayor
.._......~I'
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331
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
May 17,1999
12:15 p.m.
The Council ofthe City of Roanoke met in regular session on Monday, May 17,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members James O. Trout, Linda F. Wyatt, C. Nelson Harris,
W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers----------------------6.
ABSENT: Council Member William White, Sr.-------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk.
BUDGET-REFUSE COLLECTION-RECYCLING: William F. Clark, Director,
Public Works, introduced a briefing on amendments to the solid waste ordinance.
He advised that City staff has worked in conjunction with citizens on changes to the
solid waste ordinance which were precipitated by the change to automatic/semi-
automatic refuse collection, a need to better address collection of bulk items/brush,
and to establish reasonable standards for the collection of bulk/brush items. He
stated that no action will be requested of Council at this time.
James A. McClung, Manager, Solid Waste Management, presented a briefing
on the proposed changes and requested that Council take action on the changes at
its June 7,1999 meeting, with an effective date of August 1,1999, which will allow
time for distribution of public information to citizens. He advised that neighborhood
groups, associations and individual citizens continually raise issues about
neighborhood cleanliness, lack of enforcement and lack of up to date enforceable
ordinances. He stated that this is the first major recommended change in the solid
waste ordinance since 1982; the process began with a meeting to obtain citizen
input on the bulk items/brush programs at the Roanoke Civic Center and from that
meeting, it was suggested that a cross section of citizen volunteers be appointed to
serve on a committee to review and to recommend changes, if necessary. He
advised that after the bulk brush committee completed its task, a second citizen
committee was appointed to review and develop a policy on automatic-semi
automatic refuse collection service. He explained that once draft ordinances were
332
completed, sufficienttime was allowed for citizens to review recommended changes
and copy of the draft ordinance was placed in libraries, mailed to neighborhood
groups and property owner associations and advertised on RVTV Channel 3. He
presented the following highlights of the proposed changes:
~:
Automatic-semi automatic refuse collection:
All trash collected weekly must be in a City provided container.
No more than two containers will be provided per household. The
second container must be purchased unless eligible for a large family
exemption (six or more persons).
Containers must be removed from the street no later than 7:00 p.m., on
the day of collection.
Containers must be stored behind the building line when not set out for
collection.
Bulk item/bulk brush collection:
Each single family residential household may receive up to four bulk
item or bulk brush collections per year free of change and a fifth and
sixth pickup will be allowed for a fee of $25.00 per collection.
~
No multi-family units of more than five units are eligible for bulk
item/bulk brush collection.
Material may be set out for collection no earlier than the day prior to the
scheduled collection day.
Citizens may take up to six pick up loads of material to the transfer
station free of charge.
Tires will no longer be collected by City crews and citizens may haul up
to four tires per trip to the transfer station with the six free trips.
Mr. McClung advised that in the Central Business District, no charge will be
imposed for recycled material to be collected in the blue bag program and only
material allowed under the rules of the recycling program may be placed in the blue
bag for collection. He stated that one ofthe most important issues raised by citizens
..---..
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333
is enforcement; therefor, the proposed ordinance recommends utilization of
supervisory staff as special conservators of the peace with the authority to charge
a violator on the spot without a warrant in such cases as set forth in the Code of
Virginia.
The following comments/suggestions were offered by Council Members:
The wording in the proposed ordinance that some commercial
accounts "may be" eligible for a container should be changed to "will
be" .
The provision that containers should be removed from the curb no later
than 7:00 p.m., on the day of collection is unreasonable, particularly for
those citizens who do not arrive home from work before 7:00 p.m.
Some citizens may not be able to store their container behind the
building line for lack of space or lot conditions, etc.
Recycling may not be as cost effective as it was originally believed and
it may be necessary to review the issue of recycling and consider
certain recycling points for drop off of items by citizens.
It would appear that more than four conservators of the peace to
enforce the new solid waste ordinance would be needed.
What steps will be taken to collect discarded tires and how will the
information be provided to citizens?
Could discarded tires be collected along with recycled material? It was
advised that vehicles used for recycling are not designed to collect
tires.
Bulk items should always be collected on the day that collection has
been scheduled by the City.
Some type of user friendly system of providing general information with
regard to hours of operation of the refuse collection
department/transfer station, costs associated with refuse collection,
and scheduling of pick-ups, etc., is needed.
334
Council Member Wyatt requested a report on the cost effectiveness of the
City's recycling program and the feasibility of using recycling vehicles and
manpower for collection of bulk refuse items. She also requested that the City
Manager review ways of making refuse collection/disposal information more user
friendly for the citizens of Roanoke.
.......,J
The Acting City Manager advised that during 1999-2000 budget study, Council
requested that City staff place special emphasis on re-engineering efforts and
Barry L. Key, Manager, Office of Management and Budget, has been placed in charge
of that assignment on a City-wide basis. He stated that even though recycling is
important, it is costing the City money and a report providing certain options will be
provided at a later date.
There being no further discussion and without objection by Council, the Mayor
advised that the briefing would be received and filed.
At 1 :00 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, May 17, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
-
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
E!()'^'ers------------------------------------------------------------------------------------------------------1r.
--
ABSE:N1r: N()I1t!--------------------------------------------------------------------------------------().
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Delmar
Jackson, Pastor, Abundant Grace Assembly Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
-
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335
PRESENTA TIONS:
UNITED WAY-CITY EMPLOYEES: Robert A. Kulinski, President
and Chief Professional Officer, and Katie S. Rennard, Vice-President,
Campaign, representing United Way of the Roanoke Valley, appeared
before Council and advised that last year the Roanoke Valley United
Way raised $6.4 million which places the organization in the top four to
five communities with approximately the same population. They further
advised that City of Roanoke employees played a large role in the
success of the campaign, and expressed appreciation to Council and
to City employees for their support. It was stated that presentations
will be made at the City Leadership Team meeting on May 27, as
follows:
Eleven Gold Awards based on $110.00 per employee,
Six Silver Awards based on at least $75.00 per employee,
Four Bronze Awards based on at least $55 per employee,
Special recognition will be given to the Sheriff's
Department as the only department of 20 employees or
more with 100 per cent participation and a total giving of
$8,700.00.
Mr. Kulinski advised that City employees provided over
$70,000.00 to the United Way campaign, making the Roanoke City
employee group the 15th largest of all employee groups in terms of
campaign giving in the community. He presented a 1998 participation
award to the City of Roanoke in recognition of per capita giving of
$35.00, 58 per cent participation, and a six per cent increase in giving.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to two requests for Executive Session to
discuss and consider the appointment of a specific public officer; and
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
336
ACTION:
ACTION:
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and, committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
.........,
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai n and Mayor Bowers-------------------------------------------------------------7.
NAYS: N one------------------------------------------------------------------------0.
CITY MANAGER: A report of the Acting City Manager requesting
that Council convene in Executive Session to discuss and consider the
appointment of a specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended, was before the body.
...-...,
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Acting
City Manager to convene in Executive Session to discuss and consider
the appointment of a specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai nand Mayor Bowe rs--------------------------------------------------------------7.
NA"!): N()I1Et---------------------------------------------------------------------().
COMMITTEES-FLOOD REDUCTION/CONTROL: A communication
from Mark Petersen tendering his resignation as a member ofthe Flood
Plain Committee, effective immediately, was before Council.
..-
ACTION:
ACTION:
ACTION:
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337
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by ttie following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
COMMITTEES-LIBRARIES: A communication from Edward F.
Lovell tendering his resignation as a member of the Roanoke City
Public Library Board, effective June 30, 1999, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowers----~---------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
CITY ATTORNEY-CITY EMPLOYEES: The following report of
qualification was before Council:
William M. Hackworth as City Attorney for the City of
Roanoke for a term commencing July 6, 1999, and expiring
on September 30, 2000.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowers --------------------------------------------------------------7.
NA"S: N()I1Et-------------~----------------------------------------------------------Cl.
338
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
~-
WATER RESOURCES: The Mayor requested that Council be
provided with a briefing on the current status of the water situation at
Carvins Cove and future water conservation measures.
Kit B. Kiser, Director, Utilities and Operations, advised that the
water level at Carvins Cove on May 10, 1999, was 18.5 feet below
spillway level and as of this date, the water level is 18.4 feet below
spillway; the City is under voluntary conservation and when the water
level at Carvins Cove reaches 24 feet, Council will be requested to
impose restrictions; and when the water level reaches 22 feet, Roanoke
City will purchase water from the City of Salem and curtail, to the extent
possible, the sale of bulk water to Roanoke County.
Mr. Kiser referred to a 1979 Agreement with Roanoke County
which provides that the City will sell approximately 2.5 million gallons
of water per day to Roanoke County. He stated that it is possible to cut
back on the sale of some of the water to Roanoke County, particularly
in the southern portion of the County; however, the City must continue
to sell water to Roanoke County to serve those areas generally known
as North Lakes, Summerdean, Petty Akers, and the Hollins area
because no water lines are connected to Roanoke County's Spring
Hollow Reservoir Treatment Plant to serve those areas. He stated that
Roanoke County and the City of Salem have been willing to work with
the City of Roanoke, and the City of Salem, to the extent possible and
if water is available, will sell water to Roanoke City in the range of one
to two million gallons per day at the interconnect point with the City of
Salem in the vicinity of the Veterans Administration Hospital. He
advised that additional information by the Water Resources Committee
in connection with the water conservation plan will be presented to
Council at the June 7, 1999 meeting.
.........
Upon request for clarification, Mr. Kiser advised that the Water
Fund budget includes approximately $8 million for operating and debt
service, the City must match those expenditures with revenue, and the
City is currently receiving approximately $1.5 million from the sale of
water to Roanoke County. He further advised that it is necessary for
the City to receive the revenue from Roanoke County because certain
capital improvements have been undertaken and the City has incurred
debt in order to provide water to all of its customers, including
-
_.......~"I JI~'J-01_L,;..',.)..!.__lu'LI I
_,. L..'HIIH_:iUt'-...........'_...................qj,......,..,
339
Roanoke County. He stated that if the City did not sell water to
Roanoke County, in the amount of $1.5 million, in order to maintain
current revenue to meet expenses, it would be necessary to increase
water rates to Roanoke City citizens by as much as 20 - 25 per cent.
On behalf of the Members of Council, the Mayor again requested
that citizens of the City of Roanoke join in a ten per cent water
conservation reduction. He further requested that Sunday, May 23,
1999, be declared as a "Day of Prayer for Rain", and encouraged all
churches, synagogues and temples to include a prayer for rain in their
worship service. The Mayor further requested that the City Page of
The Roanoke Times and RVTV Channel 3 provide tips on water
conservation.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation offunds to the following school
accounts, was before Council.
$136,661.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for facility maintenance
equipment, grounds service equipment, audiovisual
equipment for Addison, roof replacement, the Addison
Middle School renovation project, and improvements to
Ruffner Middle School and Patrick Henry High School.
$1,384.00 for the 1998-99 Special Education Capacity
Building (Sliver) program to assist the division in
providing direct services and in making systemic change
to improve results for children with disabilities. The
additional funding is provided from the mandatory state
reserve of individuals with Disabilities Education Act
funds, thus the term usliver." This continuing program
will be reimbursed 1 00 per cent by Federal funds.
$352,967.00 from the 1997 Capital Bond Issue for
Technology to provide bond funds in the amount of
$350,666.00 and asbestos damage settlement funds in the
amount of $2,301.00 for the purchase of integrated
technology systems at Addison Middle School.
340
ACTION:
$382,275.00 from State Lottery proceeds to be used for
roof replacement at Monterey Elementary School,
replacement of the gym roof at Patrick Henry High School,
and to purchase newly adopted textbooks.
$200,000.00 from State Lottery proceeds to be used for
establishment of a temporary account to finance the short-
term borrowing needs of the capital fund. Interest
expense is being charged to the Capital Fund pending the
receipt of proceeds from City bond issues and State
Literary Loan funds.
$6,500.00 from VPSA Bond Funds for building
improvement, at Huff Lane MicroVillage. The monies
represent the receipt of VPSA Bond and loan subsidy
funds in excess of the budgeted amount of $1 ,250,000.00.
The additional VPSA Bond Funds will replace $6,500.00 in
1997 City Bond proceeds used for the Huff Lane project.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34284-051799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 541.)
Mr. Trout moved the adoption of Ordinance No. 34284-051799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowers--------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
ACTION:
ACTION:
,_.......IIliIIiIIIIlINI,"
""1.1",.,,,, I ...j,
.I. I .II'!I ~H ~.IoI.,.t~ '"'..,.......a........"'.'~....,
341
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting approval of a State Literary Fund loan
application in the amount of $3.25 million for expansion ofthe Roanoke
Valley Governor's School, was before Council.
It was further advised that additional facility space is required for
science and math instruction to meet increased enrollment and
curriculum needs; and debt service on the loan will be assumed by the
Roanoke Valley Governor's School with the first debt service payment
of $292,500.00 scheduled to occur in fiscal year 2000-2001.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34285-051799) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Roanoke Valley Governor's School and
declaring the City's intent to borrow to fund or reimburse such
expenditures.
(For full text of Resolution, see Resolution Book No. 61, page 543.)
Mr. Trout moved the adoption of Resolution No. 34285-051799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and May or B owe rs------------------------------------------------ --------------7.
NAYS: N()I1E!-----------------------------------------------------------------------Cl.
Mr. Trout offered the following resolution:
(#34286-051799) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Roanoke Valley Governor's School.
(For full text of Resolution, see Resolution Book No. 61, page 544.)
Mr. Trout moved the adoption of Resolution No. 34286-051799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
342
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai n and Mayor Bowers-----------------------------------------------------------7.
-
NAYS: N()I1Et------------------------------------------------------------------------0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The
Acting City Manager submitted a written report advising that personnel
lapse is generated due to employee turnover and vacancies in City
departments; and for the current fiscal year 1998-99, salary savings of
$879,325.00 were originally projected as a result of these vacancies.
It was further advised that the total estimated personnel lapse
generated for fiscal year 1998-99 is $1,421,325.00; personnel lapse
generated exceeds the original projection of $879,325.00 by
$542,000.00; a significant portion of Personnel Lapse was generated by
the Police Department and the Fire Department as a result of employee
turnover via retirement; and it is recommended that excess personnel
lapse funds be used as follows:
--
Solid Waste Management/Refuse - $332,000.00 to cover
so"d waste management tipping fees and contract labor
costs associated with Phase II of the automated/semi-
automated residential refuse collection program. A
separate Council report will be presented to take this
action.
Workers' Compensation - $160,000.00 for Workers'
Compensation to cov&r costs associated with employee
injuries and occupational diseases arising in the course of
and within the scope of employment. A separate Council
report will be presented to take this action.
D-Day Memorial - $50,000.00 for a contribution to the
National D-Day Memorial Foundation. This is the fourth
payment on a pledge of $250,000.00 over five fiscal years.
--
ACTION:
'.........IIIilIIMIMht,..
, "cl_.t._iL I j
_ i..,1 '11Jl tl.l ij.I..""..........ft,..~....,.....>.,
343
The Acting City Manager recommended that Council authorize
transfer of funding between accounts as listed above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34287 -051799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 545.)
Mr. Hudson moved the adoption of Ordinance No. 34287-051799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers--------------------------------------------------------------7.
NA)(S: N()I1Et------------------------------------------------------------------------Cl.
FESTIVAL IN THE PARK: The Acting City Manager submitted a
written report advising that Roanoke Festival in the Park conducts the
largest annual outdoor event in the City and 1999 will be its 30th year;
the 1996 contract between Festival in the Park and the City has expired;
1999 Festival in the Park is scheduled to begin on May 27, 1999, and
conclude Sunday, June 6, 1999; the proposed contract sets the 1999
maximum City support at $56,100.00; support levels for the second and
third years of the contract are tied to the Consumer Price Index, e.g. if
the Consumer Price Index increases 2.00% between the first and
second years of the contract, the maximum support would also
increase by 2.00% to $57,222.00; and the proposed contract (11.1) is
intended to protect Victory Stadium turf while insuring that every effort
will be made to assure Festival's planned events.
It was further advised that in the event of severe inclement
weather, the City, in consultation with representatives of Festival in the
Park and an independent turf expert, may deem the playing field at
Victory Stadium unsuitable for a large crowd of concert patrons; in
such event, the City will work closely with Festival in the Park to locate
an alternate layout for band concerts either inside or outside Victory
Stadium; if inside the stadium, provisions will be made by Festival in
344
ACTION:
the Park to insure that concert patrons are kept off of the grass playing
field; and prior to May 28, 1999, the City, Festival in the Park, and a
recognized turf expert yet to be selected will work to develop a set of
criteria acceptable to all parties which will be used as parameters for
evaluating the type of severe inclement weather, i. e., rainfall quantity,
duration, and ground conditions which would lead to a declaration that
the playing field is unsuitable for occupancy by concert patrons.
The Acting City Manager recommended that he be authorized to
execute a contract with Festival in the Park, Inc., to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34288-051799) A RESOLUTION authorizing the City Manager to
execute an agreement with Roanoke Festival in the Park, Inc., upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 549.)
Mr. Trout moved the adoption of Resolution No. 34288-051799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowers--------------------------------------------------------------7.
NAYS: N one-----------------------------------------------------------------------0.
James Haynes, President, Roanoke Festival in the Park,
appeared before Council in support of the agreement.
SEWERS AND STORM DRAINS-BUDGET -WA TER RESOURCES:
The Acting City Manager submitted a written report in connection with
Change Order No. 6 to the contract with Danis Environmental
Industries, Inc., for upgrade and expansion of the Water Pollution
Control Plant to 62,000,000 gallons treatment capacity per day, at a total
contract price of $16,690,000.00, with a specified time of 730
consecutive calendar days to complete the work.
ACTION:
<IIMkI.................".I.
"I....IU.(,!I,'I.I~..'I>~,"'..,.........a.....,lt.",.."......
,,,1""1 I I
345
It was advised that additional items have been identified as part
of the required work and need to be approved for payment; total
amount of Change Order No.6 is $56,859.00; and Malcolm Pirnie, Inc.,
and Mattern & Craig, Inc., have reviewed and recommended the
changes for payment.
The Acting City Manager recommended that Council take the
following action:
Authorize the Acting City Manager to issue Change Order
No.6 to the contract with Danis Environmental Industries,
Inc., for upgrade and expansion of the Water Pollution
Control Plant, in the amount of $56,859.00 and no change
in the contract time of completion. The total contract
amountwould then be $17,012,512.00, with the completion
date remaining November 5, 1999.
Proportional share to each jurisdiction would be as
follows:
City of Roanoke
County of Roanoke
City of Salem
Botetourt County
Town of Vinton
Total of Change Order No.4
(37.3%)
(29.2%)
(20.9%)
( 7.0%)
( 5.6%)
100.0%
$21,208.41
16,602.83
11,883.53
3,980.13
3.184.10
$56,859.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34289-051799) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 6 to the City's contract with Danis
Environmental Industries, Inc., for the upgrade and expansion of the
Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 550.)
Mr. Trout moved the adoption of Ordinance No. 34289-051799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
346
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swai nand May 0 r Bowe rs--------------------------------------------------------------7.
NAYS: NOI1Et-----------------------------------------------------------------------0.
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM
DRAINS-FLOOD REDUCTION/CONTROL: The Acting City Manager
submitted a written report advising that Council approved a report at its
regular meeting on March 1, 1999, pursuant to Ordinance No. 34199-
030199, in connection with the floodplain management acquisition
program; for additional property rights; the following property owners
were included in the original report, however, they each own adjacent,
vacant lots which are eligible for acquisition under the Program, but
only the tax number for the lot with the house was listed for each;
without Council's approval as to each parcel, acquisition cannot be
concluded; and since these property owners have more than one parcel
of land, approval is needed for the additional tax numbers listed below.
1998 Roanoke Regional Mitigation Grant Program (FEMA Approved)
3321506
3231803
McGimsey Family Limited Partnership
Fink, Carl W. & Shirley A.
1998 Roanoke Regional Mitigation Grant Program - Waiting List Properties
(Subject to FEMA Approval)
4210129
3321107
3320802 &
3320803
Elbert P. Jennings
Ray E. Lee
Lisa J. Balkom
Th& Acting City Manager recommended that Council authorize
acquisition, in fee simple, of the parcels identified above, in accordance
with the City's Floodplain Management Policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34290-051799) AN ORDINANCE providing for the acquisition of
additional property rights needed by the City in connection with the
Roanoke Regional Mitigation Grant Program; authorizing the City
Manager, or his designee, to acquire these properties in conformance
with the City of Roanoke Floodplain Management Acquisition Policy;
ACTION:
_................."1,_ 'UY.'l-L,j~Li/l, I j
I, 1_ .IlL ,'ll',1 "~Ii'~""""""""'''''''''''.&....'''."'~.~;'
347
authorizing the City Manager, or his designee, to fix a certain limit on
the consideration to be offered by the City for such properties; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 551.)
Mr. Trout moved the adoption of Ordinance No. 34290-051799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers--------------------------------..;..----------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------0.
TRAFFIC-STATE HIGHWA YS-ISTEA: The Acting City Manager
submitted a written report advising that the Transportation Equity Act
for the 21st Century (TEA-21) was signed into Federal law in June,
1998; TEA-21 requires state departments of transportation to set aside
a minimum often per cent ofthe Surface Transportation Program (STP)
allocation each year to be used for "hazard elimination" and
"rail/highway grade crossings"; Council adopted a resolution on
March 16, 1998, requesting that the 18th Street, S. W., railroad grade
crossing project be programmed in the fiscal year 1998-99 Six-Year
Improvement Program by the Virginia Department of Transportation
(Resolution No. 33743-031698) as an approved safety project; and the
railroad grade crossing is located on 18th Street, S. W., between
Campbell and Cleveland Avenues.
It was further advised that VDOT has approved the safety project
application; the project administration agreement has now been
received by the City and requires execution by the City to enable the
project to proceed; another safety project approved by VDOT is the
railroad crossing on Cleveland Avenue, S. W.; however, the project
administration agreement and funding amount have not been
developed by VDOT and will need to be presented to Council at a later
date; the project on 18th Street, S. W., includes the upgrade of flashing
light signals and short-arm gates at an estimated cost of $117,800.00,
with a total City-funded share of $235.60; and the agreement also
provides for an annual cost to the City of $615.00 to reimburse Norfolk
Southern for crossing maintenancEt.
348
ACTION:
The Acting City Manager recommended that he be authorized to
execute the 18th Street, S. W., railroad grade crossing agreement on
behalf of the City in a form to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34291-051799) A RESOLUTION authorizing the City Managerto
execute an agreement with ~he Virginia Department of Transportation
for installation of short-arm gates and flashing lights at the railroad
crossing on 18th Street, S. W. (between Campbell and Cleveland
Avenues), in connection with the Surface Transportation Program.
(For full text of Resolution, see Resolution Book No. 61, page 552.)
Mr. Hudson moved the adoption of Resolution No. 34291-051799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and Mayor Bowers --------------------------------------------------------------7.
NA"S: N()I1E!------------------------------------------------------------------------0.
PURCHASE/SALE OF PROPERTY -BUDGET -PARKS AND
RECREATION-CHURCHES: The Acting City Manager submitted a
written report advising that the City has long desired a "gateway" to the
downtown area on Franklin .Road; First Baptist Church has agreed to
donate a fountain to the City at an estimated value of $250,000.00; and
funding in the amount of $150,000.00 was identified in the 1997 bond
referendum to develop the proposed park.
It was further advised that five parcels of land along Franklin
Road have been determined to be the best location for the proposed
park, which will be a gateway to the downtown area on Franklin Road;
these parcels of land are identified as Roanoke City Tax Nos. 1020228,
1020229, 1020230, 1020231, and 1020232 and owned by Georges
Enterprises, Inc.; an offer to the property owner in excess of the
_.._",..............I',~L___ _--;.!,..i-li-l.;l,.:j";;""...)';h'I" I.. -_:A.!~c ,.;.._~..,;.,,_t_,l_ tU,_'~I.'~"'''''''''''~''''''"''~i1i-'
349
assessed value of $84,400.00 has been made; value has been
established at $112,000.00 by an independent appraiser employed by
the City; the City has offered $123,000.00, but the offer has not been
accepted; and an independent appraiser on behalf of the owner has
indicated the value to be $359,500.00.
The Acting City Manager recommended that Council take the
following actions:
Authorize the fee simple acquisition of property identified
by Roanoke City Tax Nos. 1020228, 1020229, 1020230,
1020231, and 1020232, with all documents to be in a form
to be approved by the City Attorney. Said property rights,
as specified, may be acquired by negotiation or eminent
domain.
Appropriate $150,000.00 from the sale of Series 2000
Bonds to an account to be established by the Director of
Finance in the Capital Projects Fund entitled, "Franklin
Square Park", to provide funding for title reports,
appraisals, document preparation, recordation costs,
surveys, testing, and acquisition of property rights, etc.
Adopt a resolution declaring the City's intent to reimburse
itself from the proceeds of Series 2000 general obligation
bonds. The maximum principal amount of debt expected
to be issued for the Franklin Square Park Project is
$150,000.00.
Authorize the City Manager or the Assistant City Manager
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34292-051799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 553.)
350
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34292-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Hudson, Swain and
ftftill)f()rB()\ftIt!rs-----------------------------------------------------------------------------!i.
NAYS: Council Members Harris and Wyatt-----------------------------2.
Mr. Trout offered the following emergency ordinance:
(#34293-051799) AN ORDINANCE providing for the acquisition of
a fee simple interest in property needed by the City for an entrance way
park to Downtown Roanoke; setting a certain limit on the consideration
to be offered by the City; providing for the City's acquisition of such
property rights by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a right of entry on
the property for the purpose of commencing the project; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 554.)
Mr. Trout moved the adoption of Ordinance No. 34293-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Hudson, Swain and
ftftill)f()rB()\ftIt!rs-----------------------------------------------------------------------------!i.
NAYS: Council Members Harris and Wyatt-----------------------------2.
Mr. Trout offered the following resolution:
(#34294-051799) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No.
33497-072197, adopted July 21, 1997, for certain expenditures to be
made for the acquisition of real property for the construction of the
entrance way park to Downtown Roanoke; and providing for an
effective date.
(For full text of Resolution, see Resolution Book No. 61, page 555.)
ACTION:
ACTION:
c' 'J~.t;,.\J.. ~-,....L.......- I I 11.IIH ~1\t.,~""""""'..........A..w..._,~..."
351
Mr. Trout moved the adoption of Resolution No. 34294-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Hudson, Swain and
ftftCl)rorBowEtr!l-----------------------------------------------------------------------------!i.
NAYS: Council Members Harris and Wyatt-----------------------------2.
BUDGET-REFUSE COLLECTION-EQUIPMENT: The Acting City
Manager submitted a written report advising that the Capital
Maintenance and Equipment Replacement Program has identified the
need to purchase two new fully automated, side loading refuse trucks;
whereupon, the Acting City Manager recommended that Council
authorize the purchase of two new complete refuse trucks consisting
of cab/chassis and refuse bodies from Caroline Environmental
Systems, Inc., for a total cost of $284,682.00; reject all other bids
received by the City; and appropriate $284,682.00 from Fleet
Management Prior Year Retained Earnings to Fleet Management,
Account No. 017-052-2642-9015.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34295-051799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Fleet Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 556.)
Mr. Swain moved the adoption of Ordinance No. 34295-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote: .
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs--------------------------------------------------------------7.
NAYS: NOI1Et---------------------------------------------------------_______________().
Mr. Swain offered the following resolution:
352
ACTION:
(#34296-051799) A RESOLUTION accepting the bid of Carolina
Environmental Systems, Inc., for the purchase of two new complete
refuse trucks, upon certain terms and conditions; and rejecting all
other bids made for such item.
(For full text of Resolution, see Resolution Book No. 61, page 557.)
Mr. Swain moved the adoption of Resolution No. 34296-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and May 0 r Bowe rs----~---------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------Cl.
Council Member Wyatt requested figures on annual maintenance
costs associated with refuse collection vehicles which were purchased
as a part of the City's new solid waste disposal program.
The Mayor left the meeting at 3:40 p.m., and the Vice-Mayor
presided over the remainder of the 2:00 p.m. Council meeting.
BUDGET -FDETC: The Acting City Manager submitted a written
report advising that the Fifth District Employment and Training
Consortium (FDETC) administers the Federally funded Job Training
Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves
eligible residents in the counties of Alleghany, Botetourt, Craig and
Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and
Salem; the FDETC serves two primary client populations: dislocated
workers and the economically disadvantaged; the City of Roanoke
serves as grant recipient 'for FDETC funding; and Council must
appropriate funds for all grants and other monies received.
It was further advised that the Governor's Employment and
Training Department has sent Notices of Award to the FDETC for
programs which include on-the-job training, work experience,
occupational skills training, classroom training, job placement
activities, and remedial education in the following amounts:
Title II - B Summer Youth Employment Program. Notice of
Award - 00-03-01, for $359,661.00. The award will be used
to cover costs associated with the 1999 summer
ACTION:
~"""""'lL_ _J,l.!!l.l-CI~.:;.u_~.:.jr.:"-'~71..'Pr.-},:__I,!_"lLUI.~,"II'IIl~,It-""'"''ii-,
353
employment program which will provide remedial
education, academic enrichment, work experience with
payment of wages, training, counseling, and other benefits
for youth.
Title II-C - Economically Disadvantaged Youth. Notice of
Award - 00-03-02, for $44,780.00. The award will be used
to cover costs associated with the year-round program
which serves economically disadvantaged youth ages 16
through 21.
It was explained that the State office of the Virginia Employment
Commission has notified the Consortium of approval of an additional
allocation of $25,000.00 to operate the Governor's Regional Project for
fiscal year 1999, which funds will be used to serve dislocated workers.
The Acting City Manager recommended that Council appropriate
funds totaling $429,441.00 and increase the revenue estimate by
$429,441.00 in accounts to be established in the Consortium Fund by
the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34297 -051799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 558.)
Mr. Trout moved the adoption of Ordinance No. 34297-051799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vice-Mayor Ha rris------------------------------------------------------------------------6.
NA)(S: N()I1Et------------------------------------------------------------------------Cl.
(Mayor Bowers was absent.)
354
CITY CODE-ANIMALS/INSECTS: The Acting City Manager
submitted a written report advising that documented citizen concern
and complaints about dogs running without a leash, dogs defecating
on public and private property, and dogs disturbing their neighbor's
ability to enjoy their property, have been made to the Animal Control
Unit, the Citizens Service Center, the City Manager's Office, the
Roanoke Neighborhood Partnership, and other offices responding to
citizens' concerns; in September 1997, representatives from several
City departments began having meetings to define problems and issues
related to dogs; and after several meetings with neighborhood
organizations, the Neighborhood Presidents' Council and various other
groups, including the Roanoke Kennel Club, the Star City Canine Club,
and the SPCA, a draft ordinance was written in October 1998, which
addressed the many issues pertaining to changes in Chapter 6,
Animals and Fow/, Code of the City of Roanoke, 1979.
It was further advised that the Animal Control Unit, the Police
Department, and other City offices continue to receive numerous
complaints from citizens regarding public safety and the health and
welfare of citizens as it pertains to the inconsistency of the current dog
ordinance; the Code of Virginia has been changed to mandate that
animals must be vaccinated by four months of age instead of six
months; and the animal's gender does not have to be specified on the
certificate.
It was explained that an advertised public meeting was held at
the Jefferson Center, Fitzpatrick Hall, on November 30,1998, with more
than 70 citizens participating; issues in the proposed ordinance
highlighted the following: number of dogs allowed per household in a
residential area, a "leash law," the "fecal cleanup law," and public
nuisance issues; and these issues along with others have resulted in
agreeable revisions to the ordinance between the City and its citizens.
The Acting City Manager recommended that Council amend the
City Code by adoption of the proposed ordinance to include the
following:
"Public nuisance animal" defined. It is a class 3
misdemeanor (up to $500.00 fine) to keep a public
nuisance animal in the City, and the animal may be
impounded. In addition, any person injured or damaged
by a public nuisance animal may seek injunctive relief. 16-
11.
_...................1'1 JII.:_yJ-J.;.;1__~i--,' j- I III '1~'Jjtli<'-~""""'-"'._"""'~"~.',t
355
Duty of animal owners to protect other persons, animals
and property from injury or damage resulting from their
animal's behavior is codified. ~6-12.
Definition of "dog" is broadened to include hybrids and
crosses. ~6-22.
Definition of "to run at large or running at large" is
amended so that dogs under voice or hand control will
violate ~6-23 prohibiting owners from allowing a dog to
run at large. This is a class 4 misdemeanor (up to $250.00
fine.)
Dogs kept on residentially zoned property or property
used for residential purposes are limited to four dogs. ~6-
27.
Owners are required to remove feces deposited by their
animals on public property or on private property without
permission. Violation is a class 4 misdemeanor (up to
$250.00 fine.) ~6-29.
Distinction between male and female dogs is abandoned
for purposes of license fees. ~6-42.1 (a).
Annual license fees for unsterilized dogs are set at $10.00
(highest permitted by State Code) and $5.00 for sterilized
dogs. ~6-42.1 (a).
License fee for commercial kennels is increased in $50.00
increments up to a kennel for 50 dogs. ~6-42.1 (a).
Provision is made for three-year dog licenses at
discounted rates - $25.00 unsterilized and $10.00
sterilized. ~6-42.1(b).
Service dogs. guide dogs and hearing dogs are exempted
from license fees. ~6-42.1(d).
One who becomes the owner of a dog must obtain a
license within 30 days. ~6-43.
356
ACTION:
Licenses will be reauired for dogs four months of age or
older (currently 6 months.) 16-43.
Licenses will no longer state the sex of a dog, but will
state whether sterilized or unsterilized. 16-45(b).
The Acting City Manager recommended that Council amend
Chapter 6, Code of the City of Roanoke, 1979, as amended, Animals and
Fowl, as above described; and authorize the Director of Finance to
update the City's Fee Compendium accordingly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading: '
(#34298) AN ORDINANCE amending Chapter6, Animals and Fowl,
Code of the City of Roanoke (1979), as amended, by adding new 116-11,
Public nuisance animal, 6-12, Duty of animal owners, 6-13, Cleaning up
after animals, and 6-27, Limitations on keeDing, and amending 116-22,
Definitions. 6-42.1, Licensing imposed, 6-43, When due and payable,
and 6-45, Issuance. composition and contents of license; the added and
amended sections defining "public nuisance animal" and creating a
Class 3 misdemeanor for keeping a public nuisance animal in the City,
prescribing a duty of care for animal owners, requiring owners to clean
up after their animals, limiting to four the number of dogs kept on
residential property, providing new definitions of "dog", "domestic",
"farm" and "to run at large" or "running at large", and establishing new
fees for licenses for dogs and commercial kennels; and providing for
an effective date of July 1, 1999.
(For full text of Ordinance, see Ordinance Book No. 61, page 565.)
The motion was seconded by Ms. Wyatt.
Richard, Erickson, 2602 Oakland Boulevard, N. W., representing
the Star City Canine Club, appeared before Council in support of the
proposed amendments.
Ordinance No. 34298, on its first reading, was adopted by the
following vote:
_~'II , 0.nl.:~_.u_;_,.\;j,;,"'NL_~_"'~J-,t ~l __ L.I,I .11}'l:PV..........~.......,.,,~.,
357
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vi ce-May or Ha rris------------------------------------------------------------------------6.
NA"S: N()l1e------------------------------------------------------------------------().
(Mayor Bowers was absent.)
DIRECTOR OF FINANCE:
BUDGET-HIGHER EDUCATION CENTER-SCHOOLS: The Director
of Finance submitted a written report advising that in 1997, the General
Assembly established the Roanoke Higher Education Authority for the
purpose of expanding access to higher education and workforce
training in the Roanoke Valley by establishing the Roanoke Higher
Education Center with such funds as are appropriate for this purpose;
the Roanoke Higher Education Center is a continuing education and
workforce training project for this region; anticipated opening for the
Center is the Fall of 2000; and in October 1998, the Roanoke Higher
Education Authority applied for funding to help conduct this
assessmentfrom the Fifth Planning District Regional Alliance, and such
funding was provided to the Alliance by the Virginia General Assembly
through the Regional Competitiveness Act.
It was further advised that funds, in the amount of $10,000.00,
have been awarded from the Fifth Planning District Regional Alliance
to partner with the Roanoke Higher Education Authority to complete
this assessment, of which $~,841.00 has been received.
The Director of Finance recommended that Council appropriate
$10,000.00 to Account No. 020-002-8720-2010, Higher Education
Operations and Development, and increase the corresponding revenue
estimate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34299-051799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Higher Education Authority Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 561.)
358
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34299-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vi ce-May or Ha rris--------------..---------------------------------------------------------6.
NA YS: None--------------------------------------------------------------------0.
(Mayor Bowers was absent.)
REPORTS OF COMMITTEES:
PIPE LINES/STORAGE TANKS-WATER RESOURCES: Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
written report on behalf of the Committee, in connection with bids
received by the City for exterior and interior painting of the Washington
Heights eJevated water tank; whereupon, he recommended that Council
approve the following actions:
Authorize the Acting City Manager to enter into a
contractual agreement, in a form to be approved by the
Acting City Attorney, with J & W Sandblasting of North
Carolina, Inc., for exterior and interior painting of the
Washington Heights Elevated Water Tank, in the amount
of $95,400.00 and 45 consecutive calendar days in
accordance with contract documents as prepared by the
City Engineer's Office.
Reject all other bids received by the City.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34300-051799) AN ORDINANCE accepting the bid for the
exterior and interior painting of Washington Heights Elevated Water
Tank by J & W Sandblasting of North Carolina, Inc., upon certain terms
and conditions, and awarding a contract therefor; authorizing the
ACTION:
....~.....,'I.-
..LI__LIL_"Uc..Wlu~~~I"f!'tl"'
11_,-, ~..LJ "I... I I
359
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 562.)
Mr. Swain moved the adoption of Ordinance No. 34300-051799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vi ce-Mayo r H a rris------------------------------------------------------------------------6.
NA)(S: N()l1e------------------------------------------------------------------------Cl.
(Mayor Bowers was absent.)
CABLE TELEVISION: Council Member W. Alvin Hudson, Jr., City
Council's Liaison to the Roanoke Valley Regional Cable Television
Committee, presented a written report on behalf of the Committee, in
connection with the City's share of the annual operating budget for
fiscal year 1999-2000 for operation of the regional government and
educational access cable television station - Roanoke Valley Television
(RVTV, Channel 3).
It was advised that the City of Roanoke, the County of Roanoke
and the Town of Vinton jointly operate Roanoke Valley Television
(RVTV) which is located at the Jefferson Center, and currently employs
four full-time staff members; on June 8, 1992, Council approved the
Roanoke Regional Cable Television Committee Agreement, which
requires that the operating budget for RVTV be approved by the
governing bodies ofthe City, the County and the Town; funding for the
operating budget is shared by the three governments, based on the
proportion of Cox subscribers located in eachjurisdiction; the Roanoke
Regional Cable Television Committee approved the RVTV operating
budget for fiscal year 1999-2000 at its meeting in March; and
$226,085.00 is a 14 per cent increase over the current year's budget of
$197,670.00.
It was explained that the Committee's recommended budget of
$226,085.00 is to be shared by each locality, as follows:
360
ACTION:
Locality Number of Cox Percentage of Resulting
Communications Subscribersl Contribution to
Subscribers as of Share of 1999- Recommended
March 1999 2000 RVTV 1999-2000 RVTV
Budget Budget
City of Roanoke 32,046 56% $126,608.00
County of 22,637 39% $ 88,173.00
Roanoke
Town of Vinton 2,798 5% $ 11,304.00
TOTAL 57,481 100% $226,085.00
On behalf of the City's representatives to the Roanoke Valley
Cable Television Committee, and as Council's representative, Mr.
Hudson recommended that ~ouncil approve the recommended RVTV
budget for fiscal year 1999-2000, in the amount of $226,085.00, with the
City's share totaling $126,608.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34301-051799) A RESOLUTION approving the recommendation
ofthe Roanoke Valley Regional Cable Television Committee to approve
the annual operating budgetfor Fiscal Year 1999-2000 for the operation
of the regional government and educational access station-Roanoke
Valley Television (RVTV, Channel 3), and for the City to provide partial
funding.
(For full text of Resolution, see Resolution Book No. 61, page 563.)
Mr. Hudson moved the adoption of Resolution No. 34301-051799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vi ce-Ma y 0 r Ha rris ------------------------------------------------------------------------6.
NAYS: N()I1E!------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
ACTION:
.....'.......IIIIIIiliMIMl"ll'_. drJl_.H_'_'+~_~_ 1*,):,~,._~..,,~,L,:I,tL~I.:h:"'I_.~"Ilo"""""""''''''''''''".!''
361
!,i~ ,...
UNFINISHED BUSINESS:
PURCHASE/SALE OF PROPERTY-
S IG NS/BI LLBOARDS/ A WN I N G S -H OU SING/ AUTHORITY-
LANDMARKS/HISTORIC PRESERVATION: A report of the Water
Resources Committee with regard to acceptance of a donation and
conveyance of certain prop~rty located on McDowell Avenue, N. W., to
the City from the Roanoke Redevelopment and Housing Authority for
construction of a new sign at the entranceway of the Historic
Gainsboro District, having previously been before Council on April 5,
1999, and tabled, Ms. Wyatt moved that the matter be taken from the
table. The motion was seconded by Mr. Swain and adopted.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#34302) AN ORDINANCE authorizing the acceptance of a
donation and conveyance of certain property identified by Roanoke City
Tax No. 2022611, located on McDowell Avenue, N. W., to the City from
the Roanoke Redevelopment and Housing Authority for the
construction of a new sign at the entranceway of Historic Gainsboro
District, authorizing preparation of the appropriate documents, upon
certain terms and conditions.
The motion was seconded by Mr. Trout.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern
with regard to the proposed sign, and advised that the Roanoke
Redevelopmentand Housing Authority is in the process of constructing
a house on the site. She stated that the proposed sign would be facing
a gravel parking lot across from the Holiday Inn, the area in question is
too small to accommodate a large sign, and since there are differing
opinions by residents and property owners in the Gainsboro area, it is
requested that Council table the matter pending further discussion.
In response to a question by a Member of Council, William F.
Clark, Director of Public Works, advised that a purchase order was
written for the sign in December 1998, the sign is identical to the two
signs on Wells Avenue, one at the intersection of Williamson Road and
the other at the intersection of Gainsboro Road, and the intent was to
provide a duplicate sign at the northern entrance to the neighborhood.
362
Question was raised by a Member of Council as to why the
Housing Authority donated the property to the City but has since
chosen to construct a house on the property; whereupon, Mr. Clark
advised that a former individual who was employed by the Housing
Authority indicated that the Housing Authority had no use for the
property and would donate the property to the City; subsequently,
another employee ofthe Housing Authority took the position thatthe lot
was large enough to be sub,divided to create a buildable lot on which
the Housing Authority could construct a house and there would remain
sufficient land on which to place the sign, therefor, the Housing
Authority gave the City the residue of the land for the sign, but left a
large enough building lot to construct a new house.
In response to a question by a Council Member, Mr. Clark
advised that the contractor has already incurred approximately
$25,590.00 in supplies and landscaping and if the City cancels the
contract, the City would owe the contractor for all materials that cannot
be reused.
There was discussion in regard to finding a more appropriate
location for the sign in view of the size of the lot along that particular
corridor; whereupon, Mr. Clark stated that he would confer with the
contractor to determine if it is feasible to reduce the size of the sign,
however, since the contractor has already ordered the materials,
particularly the lettering, he may not be able to decrease the size of the
sign.
The Acting City Manager clarified that the ordinance before
Council allows the Roanoke Redevelopment and Housing Authority to
convey a parcel of land to the City and the measure does not require
that the sign be constructed. He assured Council that the City
Administration will review other alternatives, working in conjunction
with the neighborhood.
Ordinance No. 34302 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vice-Mayor Ha rris------------------------------------------------------------------------6.
NAY!): N()I1Et------------------------------------------------------------------..-----0.
(Mayor Bowers was absent.)
ACTION:
_"...,IIiIIIlIMiht,. I".. __ iLl.c....~Lt,:.,:l;,--iv-_.J,..,.~~~_.i _.J . __Ill_ :IH !.~..........."...........................,..~+t.,
363
The Vice-Mayor advised that he supports the ordinance;
however, $39,800.00 is too much to pay for a sign.
* At the Council meeting on Monday, June 7, 1999, a motion was
adopted to table Ordinance No. 34302.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
FLEET MAINTENANCE FUND: Council Member Swain referred to
correspondence from the City Administration advising that 13 vehicles
have been removed from the City's vehicular fleet and sold as surplus
items. He inquired as to the amount of funds to be saved as a result of
reducing the City's fleet of vehicles (replacement costs, maintenance
costs, operating costs, etc.).
REFUSE COLLECTION: Council Member Hudson expressed
concern with regard to overgrown grass and litter on City property on
major thoroughfares, and referred specifically to the vicinity of 10th
Street from Fairfax Avenue to Williamson Road, N. W.
COUNCIL: The Vice-Mayor announced that the Executive Session
to discuss vacancies on various authorities, boards, commission and
committees appointed by Council will be held following the 7:00 p.m.
Council session.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:25 p.m., the Vice-Mayor declared the meeting in recess.
At 4:40 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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
364
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Vice-Mayor Ha rris-----------------------------------------------------------------------6.
NAYS: N()I1Et------------------------------------------------------------------------0.
(Mayor Bowers was absent.)
At 4:42 p.m., the Vice-Mayor declared the meeting in recess until
7:00 p.m.
On Monday, May 17, 1999, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council, Members in attendance, Mayor Bowers
presiding.
PRESENT: Council Members James O. Trout, William White, Sr.,
Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain
and Mayor David A. Bowers----------------------------------------------------------7.
ABSE:N1r: N()I1Et-------------------------------------------------------------------Cl.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting Assistant City Manager; William X Parsons,
Acting City Attorney; Jesse A. Hall, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTA TIONS:
SCHOOLS-ACTS OF ACKNOWLEDGE:MENT: The Mayor
recognized the Forensics and Debate Teams from Patrick Henry and
William Fleming High Schools. He advised that over the years Council
_..................IU 'I'll 'I-,ill '-!-:I;...'fIL-i._~~ -.:y_L_-t'-: t 1__ .1.JlUIltW."......."W1i....................."....",
365
has recognized participants in various athletic programs, but this
marks the first occasion that Council has recognized students from the
public speaking/debate arena.
Prior to the Council meeting, students were honored at a
reception which was held in the Emergency Operations Center
Conference Room, attended by Council Members, students, parents,
City and School officials.
On behalf of Council, the Mayor presented each student with a
Certificate of Recognition and a Roanoke lapel pin.
Mary Hidey, a student at William Fleming High School, who
placed second in regional competition for a dramatic interpretation,
presented a brief scene from the play, "Our Town".
Bobby Holt, a student from Patrick Henry High School, state
winner in the Lincoln Douglas competition, presented his case
affirming the resolution that human genetic engineering is morally
justified.
HEARING OF CITIZENS:
PARKS AND RECREATION-GREENWAY SYSTEM: The Mayor
presented iris tiles representing the official Roanoke City flower to the
following persons who participated in development of the Star Trail on
Mill Mountain: Betty Field, Dick Clark, Bill Gorge, Peggy and Lyndell
Bryant, Malcolm and Jimmy Black, Ed Shively, Eddie Baldwin, Mac
McDaniel, Wendell Boitnottt, Linda King and Bill Dandridge.
PUBLIC HEARINGS:
COMMUNITY PLANNING-NEIGHBORHOOD ORGANIZATIONS:
Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for
Monday, May 17, 1999, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke that the City's
Comprehensive Development Plan for Roanoke, an element of Roanoke
Vision, be amended to include the Greater Raleigh Court Neighborhood
Plan as an element of said Plan, the matter was before the body.
366
ACTION:
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, April 29, 1999, and Thursday, May 6, 1999,
and in the Roanoke Tribune on Thursday, May 6, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission transmitting the
Neighborhood Plan for Greater Raleigh Court for consideration and
adoption as an element of Roanoke Vision, Comprehensive
Development Plan for Roanoke, Virginia 1985 - 2005, was before
Council. .
The Planning Commission advised that the Neighborhood Plan
accurately reflects issues and goals in the neighborhood and
establishes effective ways to address those goals and issues through
action strategies set out in the report; and the plan was developed in
a series of five workshops with heavy emphasis on neighborhood
involvement and input.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34303-051799) A RESOLUTION endorsing the Greater Raleigh
Court Neighborhood Plan, and amending the City's Official
Comprehensive Development Plan for Roanoke, an element of Roanoke
Vision to include such Plan.
(For full text of Resolution, ~ee Resolution Book No. 61, page 564.)
Mr. Harris moved the adoption of Resolution No. 34303-051799.
The motion was seconded by Mr. Hudson.
The Mayor called attention to correspondence from the
Williamson Road Action Forum endorsing the Raleigh Court
Neighborhood Plan.
The Mayor inquired ifthere were persons present who would like
to address Council regarding the matter.
Robert Turcotte, 1890 Arlington Road, S. W., presented slides
providing a brief tour of the Raleigh Court neighborhood. He advised
that in the area of public service, there is a post office, a library and a
_....~II,I> _",_.!1V-I...:L1(_I,~~.L,.":"~..J..i,.I.l;.-l_LI._,'-#JII.'I.'Wiu:'~'1Mi -.. .-.J..ooi+,.,
367
fire station; in the area of amenities, there are Lakewood Park, the
Greater Raleigh Court Civic League is located in the former library on
Memorial Avenue, and Evergreen Cemetery; in the area of schools,
there is Virginia Heights, Wasena and Raleigh Court Elementary
Schools, Woodrow Wilson Middle School, and Patrick Henry High
School which shares its 99 acre campus with the Governor's School;
there are ten churches representing various faiths; there is a
commercial business district consisting of a movie theater, a bank,
pharmacies, dentists, a furniture store, a natural food store,
restaurants, service stations, and grocery shopping; there is an array
of housing styles and sizes from small to mid size to very large to
historic, with apartment living being an integral part of the
neighborhood, Raleigh Court Health Care Center, and the Arden Court
development. He advised that one challenge facing the neighborhood
is the importance of maintaining architectural integrity inside the
neighborhood when converting a home to multi family, and with
increased density comes challenges such as parking and building
structures that no longer fit inside the neighborhood. He stated that
business properties are an asset to the community, but sometimes
those properties involve issues such as trash collection and loitering;
and the abandoned motor vehicle ordinance has brought some
improvements to the neighborhood but eyesores continue to exist
including open air storage.
Ms. Brenda McDaniel, 2037 Carter Road, S. W., expressed
appreciation to the City for providing the resources to prepare the
Raleigh Court Neighborhood Plan. She advised that the plan grew out
of a concern of the neighborhood regarding the proliferation of multi-
family housing, because in the last 20 years, the number of single
family houses converted to multi-family uses has increased alarmingly,
the percentage of owner occupied units declined from 71 per cent in
1980 to 56 per cent in 1990, and the number of rental occupied units
rose from 29 per cent to 44 per cent. She further advised that the
neighborhood plan alone does not remedy the situation, but provides
the foundation from which the neighborhood can work to return to a
healthy balance between single family owner occupied homes and
rental units. She stated that the plan provides the basis for preserving
Greater Raleigh Court and serves as a model in helping to preserve
other older neighborhoods 'in the City. She requested that Council
approve the Greater Raleigh Court Neighborhood Plan.
368
Dr. Tony Stavola, 1836 Greenwood Road, S. W., called attention
to changes occurring in the Raleigh Court neighborhood regarding
housing patterns, loss of single family homes, increased conversion to
multi-family units, and problems associated with an increase in traffic,
crime, etc. He stated that Raleigh Court residents have worked with
City staff, members of the City Planning Commission, and
neighborhood representatives to develop goals for the future of Raleigh
Court and for the City as a whole in conjunction with the Roanoke
Vision Plan. He advised that other neighborhoods in the City are
watching Raleigh Court and they are watching City Council to see what
action Council takes with regard to the proposed neighborhood plan for
Raleigh Court and it is hoped that other neighborhoods follow in the
path of Raleigh Court. He stated that the issue facing Council now and
in the future is whether the City of Roanoke wants to preserve and
strengthen a middle class home owning base of people in this City; the
population of Raleigh Court has declined over a ten year period faster
than the population of Roanoke City as a whole; and changes in
housing patterns have occurred faster than in the City as a whole;
therefore, Raleigh Court is facing many of the same problems that other
neighborhoods are facing. He added that the increased conversion of
older single family homes to multi-family uses has caused problems
with parking, property maintenance, and an increase in the transient
population, which are the same problems facing all inner city
neighborhoods, and Raleigh Court has been working with the City
toward amendments to the Zoning Ordinance, notjustfor Raleigh Court
but for Roanoke City as a whole, to preserve the single family character
of Roanoke's neighborhoods. He requested that Council adopt the
proposed neighborhood plan for Raleigh Court.
William Skeen, 1938 Avon Road S. W., advised that as former
Chair of the Roanoke Neighborhood Partnership, Raleigh Court was
one of the first members in the Neighborhood Partnership, the
neighborhood has enjoyed many successes, and it is hoped that
Council sees the neighborhood plan as a step in the right direction. He
further advised that he has lived in Raleigh Court for four years and
Raleigh Court is no different from any other neighborhood represented
in the Neighborhood Partnership composed of numerous homes that
are landlord owned with renters moving in and out on a daily basis
which bring challenges to the neighborhood. He requested Council's
approval of the Neighborhood Plan because what is good for Raleigh
Court is also good for the City of Roanoke as a whole.
--w..........I.b.__, .JJ.~J,.'L'II---L,li.+~ 1,...'')''1.., ".I .:.,t_t,--'JI.1Dt..........'IAI ..)till....'-+1u'
'ji,;
369
Matt Despard, 1934 Avon Road, S. W., advised that he has been
a resident of Roanoke City and Raleigh Court for five months. He
stated that having observed other cities that have from the core
outward deteriorated over the course of years, he sees Roanoke at a
crossroads with an opportunity to avoid the deterioration experienced
by other cities. He advised that one of the reasons Roanoke is such a
great place to live is because of the unique partnership that exists with
citizens, and requested that Council adopt the Greater Raleigh Court
Neighborhood Plan.
Ordinance No. 34303-051799 was adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs -------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------0.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 17, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of James L.
Walker that property located at 1805 Orange Avenue, N. W., Official Tax
No. 2321415, be rezoned from C-2, General Commercial District, to C-1,
Office District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, April 29, 1999, and Thursday, May 6,1999,
and in the Roanoke Tribune on Thursday, May 6, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the development of
offices or multiple residential units, was before Council.
The City Planning Commission recommended that Council
approve the requestfor rezoning, and advised that changing the zoning
from C-2, General Commercial (unconditional), to C-1, Office District
(unconditional), provides a more compatible development use for the
subject property; and any future change of use for the residential
structure will require zoning and development approvals to ensure
appropriate access and parking
370
ACTION:
(For full text, see report on file in the City Clerk's Office.)
William W. Ward, Agent, represent James J. Walker, appeared
before Council in support of the request.
Mr. White moved that the following ordinance be placed upon its
first reading:
(#34304) AN ORDINANCE to amend fi36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 61, page 572.)
The motion was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34304 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
!)\ftf;lil1 ;l11c1 ftfta)r()r B()\ftfEtrs-------------------------------------------------------------7'.
NAYS: N()I1Et------------------------------------------------------------------------().
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 17, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of John A. and
William T. Bright that a tra~t of land located at 907 4th Street, S. E.,
Official Tax No. 4021001, be rezoned from C-2, General Commercial
District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, April 29, 1999, and Thursday, May 6,1999,
and in the Roanoke Tribune on Thursday, May 6, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
ACTION:
c_.......iIlllIIIIlIlMMll." .____J~-"Jflo~~~-'-(..I--t-I/.8j..L..,..~,,-~,~rit.,
371
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to provide for the improvement
and adaptation of the existing three story industrial building for
compatible uses, primarily mini-warehouse storage and the
construction of mini-warehouse storage units at the north end of the
subject property, was before Council.
The City Planning Commission recommended approval of the
request for rezoning based on the finding that the rezoning would be
in keeping with the recommendation as set forth in the Comprehensive
Plan; and given the primary intended use of the property for mini-
warehouse storage, the property is more suitable for that type of
development and use than the mixed commercial retail and service
uses previously proffered for development on the property
(For full text, see report on file in the City Clerk's Office.)
Donald L. Wetherington, Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34305) AN ORDINANCE to amend 136.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402 Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 573.)
The motion was seconded by Mr. Harris.
The Mayor inquired ifthere were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34305 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs-------------------------------------------------------------7.
NA)(S: N()I1Et--------------~-----------------------------------______________________().
372
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 17, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of James L.
Brookes that a tract of land located at the intersection of Keagy Road
and Crestmoor Drive, S. W., Official Tax No. 5140201, be rezoned from
RS-1, Residential Single-Family District, to C-1, Office District, subject
to certain conditions proffered by the petitioner, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, April 29, 1999, and Thursday, May 6,1999,
and in the Roanoke Tribune on Thursday, May 6,1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that this
section of Keagy Road is the division line between the City of Roanoke
and the City of Salem; American Electric Power Company (AEP) has a
restrictive 300 foot wide easement for overhead electrical facilities that
extends through the parcel of land being proposed for rezoning; the
AEP easement prohibits the construction or erection of any buildings
within the parameters of this 300 foot wide easement; and the
easement does not prohibit the construction of parking areas,
landscaping, or use of the underlying easement areas for off-street
parking purposes, was before Council.
It was further advised that the application was initially received
on March 15, 1999; and the applicant subsequently submitted a second,
and ultimately a third and current amended application that included
certain restrictive conditions being proffered by the applicant, as
follows:
The property will be developed in substantial conformity
with the plan prepared by Balzer and Associates, Inc.,
dated April 1, 1999, a copy of which is attached to the
Petition for Rezoning as Exhibit A, subject to any changes
required by the City during site plan review.
Future use of the property will be limited to general and
professional offices (18), medical clinics (19) and medical
offices (20) as defined in Section 36.1-185 of the Zoning
Ordinance.
.......................td'__.T. _ J j~ "~'"' 1olJ'.,ioI.,_I~" I, b., ~'IJI.. -"J-.!:>:~4t~~'I~~'.""""''' J' - ... ,~IIil-1
373
,; -!
All access to and from the property will be limited to
Keagy Road.
The City Planning Commission recommended that Council deny
the request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
"AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 514, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant."
The motion was seconded by Mr. Swain.
The Mayor referred to correspondence dated May 17, 1999, from
the Acting City Attorney advising that there are sufficient number of
signatures on a petition filed with the City Planning Commission to
invoke the rule that five affirmative votes of the Council are required to
adopt the ordinance rezoning the property.
Edward A. Natt, Attorney, representing the petitioner, advised
that the property is presently zoned the most restrictive of the zoning
categories in the City, RS-1, Single Family Residential District. He
further advised that if one looks to the front of the property in question,
there are Lewis-Gale Hospital, Lewis Gale Clinic, parking lots, etc., and
to the rear of the property there is a 300 foot Appalachian Power
Company easement. He explained that the purpose of the request for
rezoning is to allow the pr,operty to be developed in a reasonable
manner pursuant to the City's Zoning Ordinance and to allow C-1
zoning for office use in accordance with a development plan which
contains approximately six proffers that will be addressed later in the
presentation. He added that City staff has stated that the property is
not desirable for single family residential purposes; residents of the
area have expressed concern that the rezoning will increase traffic, yet
City staff reports that traffic will be increased by less than one per cent;
and residents do not want commercial zoning infringing on the
neighborhood, yet this is the only part of the property that can be
developed because of the 300 foot wide Appalachian Power easement.
374
R. Craig Balzer presented the proposed development plan.
Mr. Natt advised that the statement of residents that the rezoning
will open the door to more commercial zoning on the other side of the
power line is not true because there is no other land that can be
developed; traffic will be increased in a minimal amount on Keagy
Road; screening and buffering will be in place to screen the
development from adjoining properties; there will be no encroachment
into the residential area because the property in question is the only
developable property and there is 350 feet to the nearest residential
property on Crestmoor Drive. He stated that City staff previously
reported that the property is unproductive in its present existing
residential zoning, to retain the property as residential is not
appropriate and the proposed rezoning is consistent with the City's
Comprehensive Plan. Therefor, he urged that Council approve the
request for rezoning.
The Mayor inquired if there were persons in attendance who
would like to address Council regarding the matter.
Hugh A. Meagher, 1201 Crestmoor Drive, S. W., advised that
approximately 75 per cent of the people who live on Belle Aire Circle,
Crestmoor Drive and Keagy Road are opposed to the rezoning. He
stated that Keagy Road is the demarcation line between the City of
Salem and the City of Roanoke, the neighborhood feels very strongly
that this demarcation line should not be crossed, and they have fought
to prevent development across Keagy Road for approximately 20 years.
He advised that the neighborhood is considered to be one of the three
most desirable neighborhoods in which to live in the City of Roanoke
as judged by average real estate sales prices in the City, and residents
pay taxes and have supported the City. He added that the rezoning will
not stop the power lines, but it will set a precedent and the surrounding
parcels of land on Crestmoor Drive, Keagy Road, and Belle Air Circle
will become transitional zones making it difficult, if not impossible, to
stop subsequent commercial rezonings. He explained that currently
there are 7000 vehicles per day on Keagy Road and questioned the
statement by City Planning staff that traffic will increase by only one per
cent if the property is rezoned, therefore, increased traffic is of great
concern. He advised that the Greater Deyerle Neighborhood Plan is not
compatible with the proposed development and the Greater Deyerle
Board of Directors voted to support residents in their efforts to protest
the rezoning. He requested that Council deny the request for rezoning.
_..............I'Je __. tl~cL'l.;UI....l.;:,.l.;.>Lj-,-___LL__~_L ,I .JI iII~.1 ................, A - .IiIIl1t..... ,..wt.,
375
Jonathon Rogers, 3734 Lake Drive, S. W., expressed concern
with regard to increased traffic and advised that the proposed rezoning
would lead to commercial encroachment into a single family
neighborhood which would be out of character with the neighborhood.
He requested that Council deny the petition for rezoning.
Tom Guerrant, 4101 Belle Aire Circle, S. W., expressed concern
with regard to increased traffic.
Lisa W. Farthing, 4023 Lake Drive, S. W., spoke in opposition to
the rezoning.
No other persons wishing to address Council, the ordinance was
defeated by the following vote:
A YES: None-----------------------------------------------------------------------0.
NAYS: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i n and May 0 r Bowe rs--------------------------------------------------------------7.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, May 17, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
City of Roanoke that portions of Norfolk Avenue, S. W., extending in an
easterly direction from Second Street, S. W., and a portion of former
Second Street, S. W., be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, April 29, 1999, and Thursday, May 6, 1999,
and in the Roanoke Tribune on Thursday, May 6, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission recommending
approval of the request to close and vacate the above described
portions of Norfolk Avenue and Second Street, subject to certain
conditions, one of which is that the City and Norfolk Southern
coordinate the fencing design with the Roanoke City Architectural
Review Board, which shall recommend an appropriate design to the
Agent to the Planning Commission for approval, as requested by the
City Planning Commission. '
376
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34306) AN ORDINA~CE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 575.)
The motion was seconded by Mr. Harris.
The Mayor inquired ifthere were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34306 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swa i nand Mayor Bowe rs-------------------------------------------------------------7.
NA"!): N()I1Et------------------------------------------------------------------------Cl.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 9:00 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Vice-Mayor Harris who left the
meeting prior to the Executive Session.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
ftfta)f()rE3()wEtrs------------------------------------------------------------------------------6.
NA"S: N()I1Et------------------------------------------------------------------------0.
ACTION:
ACTION:
_~IIIIIIIiIiIIIIt"J '1,!!,j.~.~I'~l.:.L.:J.I.,.J, .,j..1 ~U.J ~ I 1I,L~I.Wjll""""',~1Il1l .. ......~Mi,'
377
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the term of office of Sherman A. Holland as a member of the Youth
Services Citizen Board will expire on May 31, 1999, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of Sherman A. Holland.
There being no further nominations, Mr. Holland was reappointed
as a member of the Youth Services Citizen Board, for a term ending
May 31, 2002, by the following vote:
FOR MR. HOLLAND: Council Members Trout, White, Wyatt,
Hudson, Swai n and Mayor B~wers-------------------------------------------------6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The Mayor advised that the term of office of Linda F.
Wyatt as a member ofthe Fifth Planning District Commission will expire
on June 30, 1999, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Linda F. Wyatt.
There being no further nominations, Ms. Wyatt was reappointed
as a member of the Fifth Planning District Commission, for a term
ending June 30, 2002, by the following vote:
FOR MS. WYATT: Council Members Trout, White, Wyatt, Hudson,
Swa i n and May 0 r Bowe rs---------------------------------------------------------------6.
(Vice-Mayor Harris was absent.)
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor
advised that there is a vacancy on the Flood Plain Committee created
by the resignation of Mark E. Petersen, and called for nominations to fill
the vacancy.
Mr. Trout placed in nomination the name of Bill Tanger.
378
There being no further nominations, Mr. Tanger was appointed
as a member of the Flood Plain Committee, for a term ending June 30,
1999, by the following vote:
ACTION:
FOR MR. TANGER: Council Members Trout, White, Wyatt,
Hudson, Swain and Mayor Bowers-------------------------------------------------6.
(Vice-Mayor Harris was absent.)
ACTION:
Inaamuch as Mr. Tanger is not a resident of the City of Roanoke,
Mr. Trout moved that the City residency requirement for persons
serving on authorities, boards, commissions and committees
appointed by the Council be waived in this specific instance. The
motion was seconded by Mr. Swain and adopted.
There being no further business, the Mayor declared the meeting adjourned
at 9:05 p.m.
APPROVED
ATTEST: /J
Ih 4l-\.t ~ .g.I/ ~
Mary F. Parker
City Clerk
-
-.................'"
! J( '.L'.' I I I ,,1..-', L 1.1I lI>~II.lIlo!."""""'1 ·
379
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
June 7, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, June 7,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A.
EJ()\ftIE!rs----------------------------------------------------------------------------------------------------------7'.
ABSE:N1r: N()I1E!----------------------------------------------------------------------------_________().
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
At 12:20 p.m., the Mayor declared the meeting in recess.
At 12:25 p.m., the meeting reconvened in the Commonwealth Building, Lobby,
210 Church Avenue, S. W., in a joint session of Roanoke City Council and the
Roanoke County Board of Supervisors, with Mayor David A. Bowers and Chairman
Bob L. Johnson presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and
ftftet)'()r [)et"icl A. EJ()\ftIE!r!t----------------------------------------------------------------------------------7'.
ROANOKE CITY COUNCIL MEMBERS ABSENT: None------------------------------O.
ROANOKE COUNTY BOARD OF SUPE:RVISORS PRESENT: Joseph
McNamara, H. Odell Minnix, Harry C. Nickens and Chairman Bob L. Johnson------4.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Fenton F.
tietrri!t()I1--------------------------------------------------------------------------------------------------------1.
380
OTHERS PRESENT: Representing the City of Roanoke: James D. Ritchie, Sr.,
Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X
Parsons, Acting City Attorney; James D. Grisso, Director of Finance; Mary F. Parker,
City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird,
Municipal Auditor; George C. Snead, Jr., Director, Public Safety; William F. Clark,
Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D.
Radcliffe, Director, Human Development; John Coates, Manager, Parks and
Recreation; and Victor C. Garber, Superintendent of Recreation; Representing
Roanoke County: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County
Attorney; Don C. Myers, Assistant County Administrator; John M. Chambliss,
Assistant County Administrator; Mary H. Allen, Clerk to the Board; George W.
Simpson, Assistant Director, Engineering and Inspections Department; Thomas S.
Haislip, Director, Parks and Recreation; Debbie Pitts, Assistant Director of
Recreation; Ann Marie Green, Public Information Officer; and Joyce W. Waugh,
Assistant Director of Economic Development.
Following lunch, the business session convened at 1 :00 p.m.
There were no deletions or additions to the printed agenda.
Discussion with Regard to Increasing Funding for Tourism:
TAXES-BUDGET-CONVENTION AND VISITORS BUREAU-TOURISM: The
Mayor advised that during 1999-2000 budget discussions, City Council agreed to
increase the transient lodging tax and designate additional funds to tourism
advertising; however, throughout the discussions, Council heard from the tourism
industry that although funding for the Roanoke Valley Convention and Visitors
Bureau had been increased over the last several years, the Roanoke Valley should
engage in better marketing efforts over the next ten to fifteen years in order to
become a tourist destination center. He 'stated that the Roanoke Valley should be
in a position to compete with the Chattanooga's and the Asheville's and the Virginia
Beach's of the world in attracting visitors to the area by providing more funds to
purchase newspaper, radio and television advertisements in the surrounding major
markets. He requested that Roanoke County join with Roanoke City in providing
additional funds for increasing tourism as it begins to work on new budgets and new
projects.
David Kjolhede, Executive Director, Roanoke Valley Convention and Visitors
Bureau, expressed appreciation for the support of Roanoke City and Roanoke
County. He called attention to the competitiveness of the tourism market and
advised that increases in funding in the upcoming fiscal year from Roanoke City,
Roanoke County and tile City of Salem have been leveraged against State money to
provide new marketing initiatives. He called attention to new ideas for increased
"_J~~"""M +.1
J..~ 1..1" I I I ";L'I.L i I tlll IULi.il.U...........' ·
381
funding in the future, such as the Virginia Tourism Corporation Cooperative
Marketing Fund which destination marketing organizations can apply for matching
funds, which fund contains approximately $5.5 million, and the Roanoke Valley
Convention and Visitors Bureau allocated approximately $265,000.00 of its existing
budget toward the match, which generated about $81,000.00 for the RVCVB. He
explained that approximately 70 projects were submitted and 22 were funded, with
the Roanoke Valley Convention and Visitors Bureau receiving full funding, which has
increased the budget of the Convention and Visitors Bureau by approximately ten
percent.
Review of the Regional Storm Water Management Program:
WATER RESOURCES: Mr. Simpson advised that the Regional Storm Water
Management Program was adopted by Roanoke City and Roanoke County in their
respective comprehensive plans. He called attention to numerous
accomplishments, i.e.: funds have been leveraged for hazard mitigation projects in
both the City and the County, base mapping has been prepared for Roanoke County
and Roanoke City with 50 per cent matching funds, and Project Impact will allow the
localities to pursue hazard mitigation funds through FEMA. He referred to an active
technical advisory committee composed of local representatives, representatives of
the Virginia Department of Transportation and numerous technical staff; and a
citizens advisory committee composed of two persons each from the four localities,
representatives ofthe Roanoke Valley Home Builders Association, and the Regional
Chamber of Commerce. He stated that the Citizens Advisory Committee would like
direction from the City and the County. on how the localities would like for the
program to be implemented, and more specifically funding issues.
UDdate on Joint Skateboard Park:
PARKS AND RECREATION: Mr. Coates advised that opening ceremonies for
the joint skateboard park were held on April 26, 1999. He added that finishing
touches are underway such as landscaping, site furnishings, etc., and the first
annual skateboard jam will be held on Saturday, June 12, 1999, from 11 :00 a.m., until
4:00 p.m. If the facility had been constructed by a private contractor, he stated that
it is estimated to cost approximately $125,000.00; however, the skateboard park was
made possible through joint contributions of the City and the County. He further
stated that the skateboard park has gained regional as well as national recognition,
with inquiries from parks and recreation agencies throughout the United States. He
advised that the Roanoke City Police Department and the Roanoke County Sheriff's
Department work cooperatively to insure a positive and safe environment.
382
Results of the Teen Center Survey:
YOUTH-PARKS AND RECREATION: Mr. Haislip advised that a teen forum was
held with representatives from Downtown Roanoke, Inc., Virginia Western
Community College, the Parks and Recreation Departments of Roanoke City and
Roanoke County, and the City's Office on Youth among others to discuss the need
for a teen center. He further advised that 50 groups serving teens in the Roanoke
Valley participated and each group was requested to send four representatives to
take part in the teen forum, 89 teams participated (41 from high schools and 46 from
middle schools) and participants were broken down into ten groups and asked a
series of questions about the needs of the Roanoke Valley regarding a teen
facility/program(s).
Mr. Garber advised that some of the questions asked during the teen forum
included: how do you spend your free time, what programs would you participate
in, how do you feel about available activities, what keeps you from participating, is
a teen center needed, and is a teen center needed in downtown Roanoke. He stated
that out of the 89 youth who participated, 99 per cent of middle school youth and 75
per cent of high school youth responded that some type of recreation facility for
teens is needed, and the majority of middle school students and high school
students responded that they did not want a teen center to be located in downtown
Roanoke. He added that other findings from the focus groups included: an
amusement park and a water park in the Roanoke Valley; a facility to be constructed
near shopping malls, schools and transportation routes; a need for improved public
transportation in general; and improved marketing to inform teens of existing
programs and activities. In conclusion, he stated that the general consensus was
that instead of constructing a teen center, it would be more advantageous to
construct a comprehensive multi-purpose recreational facility for all ages on the
north and south sides of the City, which could be a joint partnership between
Roanoke City and Roanoke County.
UDdate on the Joint 800 MHZ Radio System:
COMMUNICATIONS DEPARTMENT-POLICE DEPARTMENT-FIRE
DEPARTMENT: Mr. Snead advised that the joint MHZ Radio System works, the
system is on schedule, and the system is within budget. He stated that when the
project was started approximately three and one-half years ago, the goal was to
create a 800 MHZ radio system to serve Roanoke County and Roanoke City and to
own, share and operate the system to provide better service to citizens and to create
certain changes in the emergency communications center that would allow the City
to serve as a backup in case the County system went down and vice versa. He
further advised that approximately $8 million has been invested in the two systems;
in September 1998, equipment was installed to operate the radio system; in
_......~,.t. ,.J",.,L~.,,,,j:.._v,t-c 1"..1.1 .1l'L'I..I. I ,..+I!ll~.I.il~UI~'_N · ... ,_1",
383
November 1998, the system was tested and determined to be functioning; in
December 1998, uriitswere installed which enabled the fire and emergency medical
services of the City and the fire and rescue services of the County to be compatible
with the first elements of the new regional system; in February 1999, final tests were
conducted and those two areas of service are completely functioning. With regard
to the City's system, he explained that units in police vehicles will be completed in
June 1999, followed by a testing period and activation. He added that over the fall
and winter months through March 2000, the system will be installed in the City's
departments of Public Works and Utilities and Operations and by March 2000, the
City's portion of the system will be completely installed. He commended the team
effort by City and County employees.
Mr. Chambliss advised that appreciation should also go to the
Communications staffs of both Roanoke City and Roanoke County. He called
attention to a number of incidents where mutual aid has been provided between the
City and the County since the fire/emergency medical services portion of the
program was activated and advised that the system will help the two localities to be
better prepared to address any disaster situation that may arise in the future.
Upon question, Mr. Snead stated that the equipment is technically compliant
with Y2K requirements, and the City and the County have been advised by the
vendor that the system, with Motorola Communications support, is Y2K compliant.
ReDort on Regional Refuse Collection Program:
REFUSE COLLECTION-RECYCLING: Mr. Myers advised that in late 1995, a
team of employees representing staffs of Roanoke City, Roanoke County and the
Roanoke Valley Resource Authority was appointed to study potential areas of
cooperation between Roanoke City and Roanoke County, the objective of which was
to explore projects in which the two localities could reduce expenses for common
services that are currently provided by those jurisdictions, and a number of areas
were reviewed, one of which was regional refuse collection. He stated that the study
team spent considerable time gathering data on regional refuse collection methods
used by the two jurisdictions for not only residential but commercial customers, how
to provide recycling, how recycling is currently handled, joint recycling, the
feasibility of a regional system, order of implementation, those features of the
current systems that should be continued and/or discontinued, alternatives for
regional collection, and criteria to assess each service delivery alternative.
Mr. Myers reported that at the time of the original study, a decision was made
to temporarily postpone evaluation because of the differences in the two refuse
collection systems, the study group was of the opinion that it would be easier to
merge the two systems if compatible methods of collection were used, and a
384
decision was made to postpone further study until the City implemented its
automated refuse collection system, which implementation is now complete. He
noted that the study group has resumed its activities and held several meetings, the
next step will be to continue to evaluate the pros and cons of a regional approach,
the Town of Vinton is a part of the study, and the three jurisdictions offer different
levels of service. He explained that it will be necessary to prepare a study on current
costs and proposed costs of refuse collection on a regional basis and there has
been discussion with regard to soliciting outside assistance for the evaluation. He
stated that the study group would like to continue its study and submit a
recommendation to the two governing bodies at a later date.
Briefing on Blue Ridge Parkway Orientation/Interpretation Center:
RIVER PARKWAY/EXPLORE PARK-VISITOR'S INFORMATION CENTER:
Ms. Waugh advised that the Blue Ridge Parkway Orientation/Interpretation Center
is a regional public/non-profit project with national standing that dates back
approximately 15 years. She stated that the Center will be located along the
Roanoke River Parkway into Virginia's Explore Park, several variations are under
consideration, and presented color renderings of the proposed designs. She
advised that funding could be provided through a combination of funding sources,
such as Federal funds, Federal Highway Administration, and the National Park
Service. She explained that the Center is proposed to be in the range of 7,000 -
10,000 square feet, the program is in the design phase, and a conceptual plan will
be prepared for presentation to an ad hoc advisory group which is composed of
representatives from the National Park Service, Virginia's Explore Park, City of
Roanoke, Roanoke County, City of Salem, Botetourt County, Fifth Planning District
Commission Regional Alliance, and Ferrum College, all of which have been involved
in the planning steps. She stated that within 30 days, hard costs should be
available, and it is expected to break ground in late fall with infrastructure and
building construction. She advised that the facility is most valuable to the region
because it will stop visitors along the Blue Ridge Parkway and provide information
about the Parkway and those areas beyond..
Discussion with Regard to Water Conservation:
WATER RESOURCES: Mr. Ritchie advised that Roanoke City is not in a water
crisis at this point, but the City is taking action at this time to prevent a water crisis,
and expressed appreciation to Roanoke County for its willingness to explore options
and opportunities to deal with the situation. He stated that the two localities are
reviewing long term and short term alternatives and will report to the two governing
bodies at a later date. He noted that Carvins Cove is at 20.75 feet below spillway
level; however, it is not unusual for Carvins Cove to be several feet below spillway
level, especially toward the end of the summer season. He advised that City staff
.-......~hl ,1~,_J,i.1L ,.t...J....'I_ I. I. l ""." I t. , ttll ",..j ".~,,,"""'.....L .'ll _~".,
385
became concerned a few weeks ago and discussed the matter with the Water
Resources Committee and the Water Resources Committee recommended and City
Council concurred in requesting citizens to voluntarily conserve water when Carvins
Cove reached 17 feet below spillway level. He stated that if there is no rainfall,
Carvins Cove will drop about one foot per week, therefor, in approximately two
weeks, Roanoke City will be in a position to trade water with Roanoke County, and
at 22 feet below spillway, it will be recommended that the City purchase water from
the City of Salem. At 24 feet, he explained that the City will have approximately six
months supply of water in Carvins Cove, and at that point, Council will be requested
to impose mandatory water restrictions on the citizens of Roanoke without fines,
and if the water level reaches 30 feet below spillway, sanctions will be imposed on
persons residing in the City who use water for restricted purposes.
Chairman Johnson advised that as long as Roanoke County has water, the
City of Roanoke will have water. He stated that the water situation is a critical issue
and is one of the most important issues facing the Roanoke Valley. He called
attention to an unique opportunity before the two governing bodies to work on a
joint solution to the water situation, and stated that Roanoke County can sell the City
of Roanoke as much as ten million gallons of water per day, although there is
currently a distribution problem.
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1 :50 p.m., to be reconvened at 2:00 p.m., in the City Council
Chamber, 215 Church Avenue, S. W., City of Roanoke, Virginia.
At 2:00 p.m., on Monday, June 7, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A.
E!()VVEtrs----------------------------------------------------------------------------------------------------------7'.
ABSE:N1r: N()I1Et-----------------------------------------------------_________________________________().
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend John L.
Washington, Pastor, Faith and Hope Church of God and Christ.
386
The Roanoke City Color Guard presented Colors.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTION:
PRESENTA TIONS:
PROCLAMATIONS: The Mayor presented a proclamation
declaring Monday, June 14, 1999, as National Flag Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to three requests for Executive Session to
discuss a matter relating to acquisition of real property for public
purpose, specifically property to be used for Railside Linear Park,
Phase I; the disposition of publicly held property, specifically property
proposed to be conveyed for economic development purposes; and
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 1, 1999; Tuesday, February 16, 1999; Monday,
March 1, 1999; Monday, March 15, 1999, and the special meeting on
Friday, March 19, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout a nd May 0 r Bowers ---------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------().
ACTION:
ACTION:
-................,: I
1'1, tl...I..'L..lL I 1'1.. ..1:j).,' _I,.. Itll.iMl..1 ....."'~...,......................,......._"
387
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout a nd May 0 r Bowe rs---------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------Cl.
PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: A
report of the Acting City Manager requesting that Council convene in
Executive Session to discuss a matter relating to acquisition of real
property for public purpose, specifically property to be used for
Railside Linear Park, Phase I, pursuant to Section 2.1-344 (A)(3), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the item be removed from the Consent
Agenda for further discussion. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd Mayor Bowe rs ---------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------Cl.
(For further discussion, see pages 390-391.)
388
ACTION:
ACTION:
ECONOMIC DEVELOPMENT: A report of the Acting City Manager
requesting that Council convene in Executive Session to discuss the
disposition of publicly held property, specifically property proposed to
be conveyed for economic development purposes, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Acting
City Manager to convene in Executive Session to discuss the
disposition of publicly held property, specifically property proposed to
be conveyed for economic development purposes, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Swain and 'adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers---------------------------------------------------------------7.
NA"S: N()I14!-----------------------------------------------------------------------().
TAXES: A communication from Mayor David A. Bowers
transmitting the 1999 Report ofthe Board of Equalization for the taxable
year July 1, 1999 to June 30,2000, was before Council.
The Board of Equalization recommended thatfuture Equalization
Boards continue to have access to the computer service in their work
and be provided with current office space that is private and separate
from the Office of Real Estate Valuation; and in order to accomplish
their duties as members of the Board of Equalization of Real Estate
Assessments for the City of Roanoke, it is critical to have safe, private
space to meet with City taxpayers.
(For full text, see communications on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut a nd Mayor Bowe rs---------------------------------------------------------------7.
NAYS: N()I14!------------------------------------------------------------------------0.
ACTION:
ACTION:
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389
COMMITTEES-PENSIONS: A communication from E. Douglas
Chittum tendering his resignation as a member of the Board of
Trustees, City of Roanoke Pension Plan, effective immediately, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by Mr.
Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers---------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------Cl.
VIRGINIA MUNICIPAL LEAGUE: The Acting City Manager
submitted a written report advising that the City of Roanoke hosted the
1998 Annual Conference of the Virginia Municipal League (VML) with
great success; the conference generated in excess of $1.4 million in
hotel revenue and more than $2.5 million in revenue to the business
community; it is time to consider competing for future VML Annual
Conference meeting dates; and the VML will accept submissions from
local governments to host an upcoming conference during its 1999
conference in Williamsburg in October 1999.
The Acting City Manager recommended that Council officially
express its desire to host an annual meeting of the Virginia Municipal
League in one or more years between 2003 and 2007; and that Council
authorize the Mayor and the Acting City Manager, or their designees, to
make an appropriate presentation on behalf of the City of Roanoke at
the 1999 annual meeting of the VML in Williamsburg, Virginia, in
October 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation.
The motion was seconded by Mr. Swain and adopted by the following
vote:
390
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout a nd May 0 r Bowers ---------------------------------------------------------------7.
NAYS: N()l1e-----------------------------------------------------------------------0.
YOUTH-FIFTH PLANNING DISTRICT COMMISSION-ROANOKE
NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Sherman A. Holland as a member of the Youth Services
Citizen Board for a term ending May 31, 2002;
Evelyn S. Lander as a member of the Fifth Planning
District Commission for a term ending June 30, 2000; and
Mark A. Harris as a member of the Roanoke Neighborhood
Partnership Steering Committee to fill the unexpired term
of Ronald H. Miller, resigned, ending November 30, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout a nd May or Bowers---------------------------------------------------------------7.
NA"S: N()l1e------------------------------------------------------------------------().
REGULAR AGENDA
PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: A
report of the Acting City Manager requesting that Council convene in
Executive Session to discuss a matter with regard to acquisition of real
property for public purpose, specifically property to be used for
Railside Linear Park, Phase I, pursuant to Section 2.1-344 (A)(3), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
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391
Mr. James L. Leonard, 1935 Hope Road, S. W., advised that the
Acting City Manager has confirmed that his property is one of the
properties which is the subject of the abovedescribed Executive
Session. He explained that he has been concerned with the project for
approximately ten years, which was initially introduced by the Virginia
Museum of Transportation, and he is not opposed to the project
because the Transportation Museum should have the requested
access. He referred to a letter addressed to him from John Bowman,
Real Estate Acquisition Specialist for the City of Roanoke, under date
of November 3, 1998, and quoted the following, "For the purpose of this
offer only, the City accepts your statement of ownership ofthe property
to the rear of the building north of the Official Survey S. W. line shown
on the attached plat as 'deed lines' .....". In trying to interpret
Mr. Bowman's statement,. he stated that he could reach three
conclusions: (1) his claim is fraudulent, or (2) if he does not accept the
offer, the City will revoke, cancel, ignore or circumvent his rights, or (3)
the City has accepted the position that Norfolk Southern owns the
property. He called attention to a report from the City Manager which
was before Council on Monday, May 17,1999, that included a plat of the
area that the City is to receive from Norfolk Southern Railway which
was cross hatched and his parcel of land was included in the cross
hatching, although Norfolk Southern does not have any right of
ownership to the land. He referred to the following sentence in
Mr. Bowman's letter, "The street at the rear of Warehouse Row will
become a public street and will be paved as part of this project." He
explained that he purchased the property 20 years ago, and the original
plat of P. L. Perry Subdivision provides a note which states as follows:
"This street is dedicated to the public as herein delineated upon the
condition that the right of eminent domain shall not be exercised to
widen the street and the City of Roanoke accept the same with such
condition." He stated that this provision has been on record since
1889, and requested that Council consider such in its negotiations. He
added that he is willing to negotiate the transfer of his rights in the
property to the City's designated agent at a fair value taking his losses
into consideration.
Mr. White moved that Council concur in the request of the Acting
City Manager to convene in Executive Session to discuss a matter
relating to acquisition of real property for public purpose, specifically
property to be used for Railside Linear Park, Phase I, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Swain and adopted by the following vote:
392
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout an d May 0 r Bowers---------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------0.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
MISCELLANEOUS-THE NEW CENTURY COUNCIL: Terri Lynn
Cornwell, Project Director and Robert B. Manetta, Co-Chair,
Spokespersons, presented the findings of a regional quality of life
study, Vital Signs: Community Indicators for the New Century Region,
which project grew out of a regional visioning process involving more
than 1,000 volunteers throughout the New Century Region, and is
located at Hollins University.
Mr. Manetta advised that the report represents 62 indicators
tracking population, community, education, environment and health of
the region, and focusing on the region as a whole. He stated that the
report was created as a result of the generosity of a number of major
contributors including, among others, the Virginia Environmental
Endowment, Carilion Health System, Ferrum College, Hollins
University, Fifth Planning District Commission, The Roberts
Foundation, The Cabell Brand Foundation, Norfolk Southern Railway,
City of Roanoke, Roanoke County, and Franklin County. He called
attention to efforts to develop a second report in an attempt to improve
and streamline the previous report, and the long term goal is to prepare
two additional reports and begin to set benchmarks, receive citizen
feedback, and establish permanent local funding for future reports.
Without objection by Council, the Mayor advised that the report
would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting that Council adopt a reimbursement
resolution to update the original resolution for improvements to Lucy
Addison Middle School, in order to facilitate the release of State
Literary loan funds for the project, was before Council.
It was advised that the City's bond counsel recommends
adoption ofthe reimbursement resolution by Council; the School Board
has approved appropriation of $10.6 million in capital funds for the
ACTION:
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393
project; and adoption of the reimbursement resolution will bring the
reimbursement amount into line with the appropriate amount and will
facilitate the release of State Literary loan funds for the Addison project
in late June or early July.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34307 -060799) A RESOLUTION amending Resolution No. 33429-
061697, previously adopted on June 16, 1997, authorizing the School
Board for the City of Roanoke to expend funds for adding to and
improving the present school building at Addison Middle School and
declaring the City's intent to borrow to fund or reimburse such
expenditures.
(For full text of Resolution, see Resolution Book No. 61, page 577.)
Mr. Harris moved the adoption of Resolution No. 34307-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and May 0 r Bowe rs---------------------------------------------------------------7.
NAYS: N()I1E!-----------------------------------------------------------------------0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER RESOURCES: Jesse Perdue, Manager, Water
Department, presented a briefing on the Consumer Confidence Report.
He advised that in August 1996, Congress reauthorized the 1986 Safe
Drinking Water Act and one significant amendment required that water
systems serving greater than 10,000 persons must deliver a water
quality report to each of its customers every 12 months. He stated that
the City of Roanoke will provide a water quality report to its customers
during the month of June, which contains information about origination
394
of the City's water supply, contents of the water, general treatment and
distribution information, and health issues and risks. He presented a
video prepared by the American Water Works Association in further
explanation of the report.
Following viewing ofthe video, Mr. Perdue presented copy ofthe
City of Roanoke Water Department Water Quality Report for 1999.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
U. S. S. ROANOKE-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SCIENCES: The Acting City Manager submitted a written
report advising that 43 American ships, five military, have carried the
name of "Roanoke"; in June 1997, the Roanoker Magazine published
an article titled "USS Roanokes" which featured five U. S. Naval ships
that were named for the City of Roanoke and the Roanoke River; and
after the article was published, the History Museum and Historical
Society was approached by several naval alumni interested in
developing an exhibit to showcase Roanoke's naval heritage.
It was further advised that the History Museum, obtaining
support of numerous individuals and groups including the Naval
League, is preparing an exhibit that will focus on eight specific
Roanoke ships in great detail; the exhibit will display numerous
artifacts relating to the ships named for Roanoke and will feature
pictures of enlisted men and naval officers from the Roanoke area; and
the History Museum has found that professionally-crafted scale models
of the ships serve as the most important focal points of these exhibits
after visiting numerous naval museums and displays.
It was noted that in March 1999, the History Museum requested
that the City of Roanoke contribute $15,000.00 toward development of
the exhibit; in April 1999, the City contributed $3,750.00 to the History
Museum for development of the model of the CL-145 USS Roanoke; and
the History Museum requests that the City contribute the balance of
$11,250.00 to enable the exhibit to be completed.
-......~"I" [,I"4..-.l_"Lc! I_I" ,I j l ,,1l.1lI/,i........'........."".~.....,._"
.'
395
.-./ . '_' . ."0' .' ~ ':
The Acting City Manager recommended that he be authorized to
contribute funding, in the amount of $11,250.00, to the History Museum
and Historical Society of Western Virginia on behalf of the City of
Roanoke for completion of the Ships and Shipmates Exhibit.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of
the Acting City Manager. The motion was seconded by Mr. Harris and
unanimously adopted.
CITY TREASURER-COMMISSIONER OF REVENUE-BUDGET-
TAXES: The Acting City Manager submitted a written report advising
thatthe Virginia General Assembly approved the Personal Property Tax
Relief Act of 1998 (PPTRA) in the spring of 1998; the Act will be phased
in over a five year period beginning with the 1998 year; legislation
requires local governments to make certain changes in their billing of
personal property tax systems; City Information Systems (CIS), working
with the Commissioner of the Revenue and the City Treasurer, has
made the required modifications to the personal property tax systems
to comply with the mandated Act; and the State will reimburse local
governments for expenses associated with implementation of the
mandated legislation at the local level.
It was further advised that the City will receive reimbursement in
the amount of $14,450.00 for expenditures incurred in the City
Treasurer's Office; and $27,400.00 for expenses incurred in the
Commissioner of the Revenue's Office; the reimbursement associated
with the phase-in of the Act was not included in the fiscal year 1998-99
General Fund Budget; and this funding will be used for one-time
expenses for acquisition of computer equipment and office furniture.
The Acting City Man'ager recommended that the Director of
Finance be authorized to increase the revenue estimate by $14,450.00
for the City Treasurer's Office and $27,400.00 for the Commissioner of
the Revenue's Office and appropriate $41,850.00 to the following
expenditure accounts:
001-020-1234-2035 Expendable Equipment
001-022-1233-9005 Furniture and Equipment
$14,450.00
$27,400.00
(For full text, see report on file in the City Clerk's Office.)
396
ACTION:
Mr. Harris offered the following emergency budget ordinance:
(#34308-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 578.)
Mr. Harris moved the adoption of Ordinance No. 34308-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ---------------------------------------------------------------7.
NAYS: None--------------------------------------------------------------------------0.
BUDGET-STATE HIGHWAYS-CONSULTANTS REPORTS: The
Acting City Manager submitted a written report advising that 1-73, a new
proposed interstate highway, is being studied by the Virginia
Department of Transportation (VDOT); at present, three proposed
routes are being considered; Council was briefed on the importance of
the 1-73 corridor to Roanoke City businesses in the summer of 1998;
and Council requested a study of the economic impact on City
businesses for all three proposed routes.
It was further advised that economic impact study proposals
were received from three companies; proposal costs for the economic
impact study exceeded $30,000.00; all companies were requested to
reduce the scope of services for the study to lessen the total cost;
proposals were received from two companies, and the preferred firm,
Economic Development Research Group, submitted a cost of
$29,500.00; and funds for the study are not available from any
Economic Development account, but are available from Jail Recovered
Costs.
The Acting City Mana"ger recommended that Council authorize
transfer of $29,500.00 from Account No. 001-024-3310-8005 (Jail
Recovered Costs) to Account No. 001-002-8120-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
ACTION:
~~"." J l'~H.'L'.,,,. I 1.1
'.",lllltli......~.....' ·
397
(#34309-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, s"ee Ordinance Book No. 61, page 579.)
Mr. Harris moved the adoption of Ordinance No. 34309-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut an d Mayo r Bowe rs---------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CITY CODE-REFUSE COLLECTION-FEE COMPENDIUM: The
Acting City Manager submitted a written report advising that a briefing
was presented to Council on May 17, 1999, outlining proposed major
changes to Chapter 14, Garbage and Refuse, and enactment of new
Chapter 14.1, Solid Waste Management, of the Code of the City of
Roanoke, (1979), as amended, to update the regulation of solid waste
collection, and to amend the City's Fee Compendium to establish fees
in connection with the City's Solid Waste Management Program.
It was further advised that Citizen Advisory Committees were
formed to work on various solid waste issues, such as bulk/brush
collection and automated refuse collection; and Neighborhood Groups
and Associations have continuously raised issues about neighborhood
cleanliness, lack of enforcement and lack of clear, up-to-date
enforceable ordinances.
It was explained that implementation of automated and semi-
automated refuse collection has necessitated certain changes in the
ordinances which are reflective of the modernization of solid waste
practices; effective measures are needed to efficiently address the
concerns of neighborhoods, such as illegal storage of refuse
containers, early placement of bulk and/or brush and illegal placement
of materials; and the Citizen Advisory Committee developed what it
determined to be an adequate level of service for weekly refuse
collection, bulk and brush collection and household trips to the Tinker
Creek Transfer Station.
398
The Acting City Manager recommended that Council adopt an
ordinancE.: amending the City Code, effective August 1, 1999; and
approve amendments to the Fee Compendium to provide for charges
for pickup of bulk items/bulk brush beyond four in a 12 month period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its
first reading:
"AN ORDINANCE repealing Chapter 14. GARBAGE AND REFUSE;
enacting new Chapter 14.1, SOLID WASTE MANAGEMENT, of the Code
of the City of Roanoke (1979), as amended, to update the regulation of
solid waste collection; amending the City's Fee Compendium to
establish fees in connection with the City's Solid Waste Management
Program; and providing for an effective date."
The motion was seconded by Mr. Hudson.
William F. Clark, Director of Public Works, was requested to
clarify revisions to the proposed ordinance as compared to the briefing
that was presented to Council at its meeting on Monday, May 17, 1999;
whereupon, Mr. Clark advised that originally, containers were to be
stored no closer to the street than the principal building; however, per
the suggestion of Council, the proposed ordinance has been revised to
provide, "where placement in a location no closer to the street than the
building line is impractical or not feasible, the City Manager may
designate an alternative location"; and the section of the proposed
ordinance requiring the removal of containers from the street by 7:00
p. m., on the day of collection has been modified to provide for removal
by 7:00 a. m., on the day after collection.
Ms. Wyatt called attention to rental property where persons move
in and out with frequency, which creates more than four collections of
bulk items per calendar year, or six pick-up trash roads of bulk items
per calendar year at the Tinker Creek Transfer Station. She stated that
the proposed policy does not penalize the renter who causes the
problem, but the landlord who will be required to pay for collections
beyond the City's initial free collections, thus, the City will place a
penalty on the homeowner. She spoke in favor of the landlord
imposing a bulk items collection fee on the renter in the form of a bulk
'____~I.I'. "1"",,1.-,..,, I. 1.""__.1 I
i. j t 'dL""i.ml-~..1 -
399
items security deposit, and when a renter vacates the premises, they
would either remove their bulk items, or the collection fee would be
covered by the bulk items security deposit.
Mr. Hudson expressed concern with regard to the unsightly
condition of City streets when persons are evicted and bulk items are
required to remain at curbside for a period of three days, pursuant to
State Corte provisions, before they can be legally collected and
disposed of by the City.
William Wilson, 1818 Brandon Avenue, S. W., representing the
Roanoke Property Investors Association and Tenants Building Bridges,
congratulated the City on the use of the large blue refuse containers,
because the number of bulk items have been reduced as a result ofthe
size of the containers. He. called attention to problems in the less
affluent sections of the City where bulk items/bulk brush seems to
collect. He addressed the need for further study in regard to the
number of free collection of bulk items/bulk brush in order to provide
a level of uniformity. He spoke in support of developing a Landlord
Training Program and a website which would offer persons in the
property community an opportunity to be better informed and to
provide input.
Robert Caudle, 4231 Belford Street, S. W., President, Greater
Oeyerle Neighborhood Association, advised that many lots in his
neighborhood are larger than the average City lot. He stated that he
owns a prucel of land containing five acres, which is 220,000 square
feet with as many as 450 trees, compared to the average 5000 square
foot City lot, therefore, there does not appear to be equity in the number
of free bulk items/bulk brush collections, and four free collections per
year is not adequate when considering large items of brush. He called
attention to loop holes in the proposed ordinance; I.e.: there is no
provision for ice storms causing fallen trees and tree limbs on property;
there are no provisions beyond the fifth and sixth collections ($25.00
for the fifth load and $25.00 for the sixth load); and his property
generates as much as 10 - 13 pickups per year and of that number,
approximately seven loads of bulk brush items are removed from
property that he does not own but takes responsibility for maintaining.
He stated that four free collections per calendar year is not adequate
when dealing with bulk brush items, and requested that the City
consider some form of differentiation and authorize an enforcement
date later than August 1, 1999, to enable citizens to prepare for the
proposed changes.
400
Mr. Harris moved that action on the matter be tabled until the
regular meeting of Council on Monday, June 21, 1999, at 2:00 p.m., to
enable City staff to address the questions/concerns raised by
Mr. Wilson and Mr. Caudle and others. The motion was seconded by
Mr. Swain and adopted.
BUDGET-REFUSE COLLECTION: The City Manager submitted a
written report advising that the adopted budget for Solid Waste
Management for fiscal year 1998-99 was prepared based on several
budget assumptions regarding the cost of operating refuse disposal
programs:
Estimated tons of refuse to be disposed of at the Roanoke
Valley Resource Authority during fiscal year 1998-99 was
budgeted to be 47,022 tons; the tonnage is now expected
to be 50,719 tons.
Refuse delivered by City homeowners expected to be
disposed of at the Roanoke Valley Resource Authority was
1,200 tons; the revised estimate for this fiscal year is 4,897
tons.
Contract labor was not funded in the current budget year;
however, there were implementation costs associated with
Phase II of automation continuing into fiscal year 1999, as
well as the issue of those employees who are unable to
perform the duties for which they were originally hired or
have extended absences from work; this necessitated the
need for the use of contract labor.
It was further advised that financial assumptions on which the
budget for operating disposal programs was prepared changed during
the fiscal year due to the following:
Homeowners tons hauled to the Resource Authority
exceeded budgeted amounts by an estimated 3,697 tons
during this fiscal year; this was the only category to
exceed the budgeted estimate; this excess tonnage will
cost an additional $203,335.00.
ACTION:
~'l.;,".. "J."'.1.,1'''..],.,1.....1 Ii, ,,,,,,.j,,.t,.tl...ililli.'l.~~k .
401
At the recommendation of a citizen's committee, a new
proposed ordinance limits the number of free trips taken
to the Roanoke Valley Resource Authority to six per year,
which should help to control this expense related to free
dumping by homeowners.
It was explained that the use of contract labor was not funded in
the current budget year; approximately $128,665.00 will be spent on
outside labor; this labor force was utilized mainly to complete the final
stage of implementing automated/semi-automated refuse collection; it
was also necessary to augment vacant positions during the transition
process; and a majority of these funds were expended in the first six
months of the fiscal year and since that time, utilization has been
limited to emergency situations.
The Acting City Manager recommended that Council authorize
the transfer of $332,000.00 from General Fund Personnel Lapse,
Account No. 001-002-9410-1090, to Solid Waste Management Refuse,
Account No. 001-052-4210-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34310-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 580.)
Mr. Harris moved the adoption of Ordinance No. 34310-060799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and May 0 r Bowe rs---------------------------------------------------_-----------7.
NA;{S: None-----------------------------------------------___----------------------0.
BUDGET-PUBLIC WORKS: The Acting City Manager submitted
a written report advising that the Virginia Department of Environmental
Quality (DEQ) notified the City of Roanoke in late July 1997 of a report
of possible unauthorized disposal of waste materials at the City's
402
ACTION:
Public Works Service Center property on Courtland Road, N. W.; and
subsequent investigations determined some buried drums of paint-like
and tar-like products and solvents, and also quantities of inorganic
material (hroken pipe, guardrails, crushed empty barrels, etc.)
_.,.."d
It was further advised that excavated materials have been
removed from the site and sent to proper disposal locations; the City
continues to work with DEQ and the Federal Environmental Protection
Agency (EPA) to complete investigations and to develop a mutually
acceptable plan for addressing all issues which have arisen during the
course of the matter; it is expected to be at least a number of months
until the matter is brought to a close; approximately $710,000.00 has
been expended through May 1999 for environmental studies, legal
services, disposal fees, consultant and expert fees and related
expenses; approximately $100,000.00 is needed to pay for services
already rendered and/or anticipated for the remainder ofthis fiscal year;
and approximately $478,000.00 has been included in the Transfers to
Capital Projects Fund in the recently adopted budget to fund costs
estimated to be incurred during the upcoming fiscal year.
The Acting City Manager recommended that Council appropriate
$100,000.00 to Capital Projects Fund, Account No. 008-052-9670-9003,
Environmental Issues - Public Works Service Center, for environmental
studies, legal services, disposal fees, consultant and expert fees, and
related expenses.
-..
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34311-060799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 581.)
Mr. Trout moved the adoption of Ordinance No. 34311-060799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
.-.............w.ltto "j....J"~.I_.'~......!...-~:-_ltLJLIL;J-'_',,1. j I I..ll ".j ,.~_I ·
403
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and May 0 r Bowe rs---------------------------------------------------------------7.
NAYS: None------------------------------------------,-----------------------------0.
DOWNTOWN NORTH-HIGHER EDUCATION CENTER-
CONSULTANTS REPORTS: The Acting City Manager submitted a
written report advising that the Downtown North development project
includes the area bounded by Wells Avenue, Gainsboro Road,
Jefferson Street and Shenandoah Avenue; several projects are
proposed for the project area including the Roanoke Higher Education
Center to be located in the former Norfolk and Western General Office
Building North, market rate rental apartments to be located in the
Norfolk and Western General Office Building South and "The Yard" at
Henry Street, and a commercial development project proposed by the
Roanoke Neighborhood Development Corporation; all ofthe proposed
developments require some degree of public infrastructure
construction that may include improvements to streets, sidewalks,
street lighting, landscaping, storm drains and parking; a consultant is
needed to prepare preliminary and final engineering drawings to define
the scope and cost of needed infrastructure improvements in the
project area; the consultant will be required to complete preliminary
cost estimates on an expedited basis; and preliminary cost estimates
are needed to help determine the magnitude of City participation in the
projects.
It was further advised that a request for consultant qualifications
proposals was advertised; proposals were received from five firms; a
consultants selection committee reviewed all qualification proposals;
and the committee selected the firm of Lumsden Associates, P. C., as
the best qualified consultant for the proposed work.
The Acting City Manager recommended that he be authorized to
execute a contract, in a form to be approved by the Acting City
Attorney, with Lumsden Associates, P. C., in an amount not to exceed
$100,000.00 to provide professional services for the Downtown North
Development Project; and funding is available in the fiscal year 2000
CDBG budget for the Downtown North Development Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
404
ACTION:
(#34312-060799) AN ORDINANCE authorizing a contract between
the City of Roanoke and Lumsden Associates, 'P .C., for the provision
of professional services for the Greater Henry Street Development
Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 582.)
Mr. Trout moved the adoption of Ordinance No. 34312-060799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd May or Bowers---------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to the
boundaries of "Downtown North"; whereupon, the Acting City Manager
advised that the boundaries are defined as those properties bounded
by Wells Avenue, Gainsboro Road, Jefferson Street and Shenandoah
Avenue.
BRIDGES-SIGNS/BILLBOARDS/A WNINGS-CHURCH AVENUE
PARKING GARAGE: The Acting City Manager submitted a written report
advising that the 1978 Surface Transportation Act enacted by Congress
requires that all bridges, including "off Federal Aid System" structures,
must be included in the bi-annual inspection program; Supplementary
Bridge Inspection Reports are required on 65 structures in the City this
year; 41 structures are inspected annually while 24 structures are
inspected bi-annually; the Federal Highway Administration has
established a new requirement that overhead sign structures are to be
inspected; 15 of these structures exist within the City; and inspection
of five parking structures are required, three every four years and two
every two years, by prudent engineering practices.
It was further advised that Engineering Services Qualification
Proposals for the necessary technical inspection and reports were
publicly advertised and proposals were received from Hayes, Seay,
Mattern & Mattern, Inc., L. A. Gates and Mattern & Craig, Inc.; interviews
were held with all three qualified firms; and negotiations were
conducted with the two most qualified firms (Hayes, Seay, Mattern &
Mattern, Inc., and Mattern & Craig, Inc.) for the necessary technical
inspections and reports.
ACTION:
~.....w.IU' _ "'1!I!L,.J.'",H.cl,"d~J..w;". ..:.ll1i.J.I.-ni ~. I ldl.iloI,'~_~""',....."
~
405
~'~-.:~~;j:-;
The Acting City Manager recommended that the City award
separateihree year engineering services agreements, in forms to be
approved by the City Attorney, to Hayes, Seay, Mattern & Mattern, Inc.,
and to Mattern & Craig, Inc., in amounts of $48,000.00 and $51,800.00,
respectively, for the first year (1999) for bridge, overhead sign, and
parking structure inspection services as set forth in the report; Year 2
(2000) and Year 3 (2001) shall be negotiated with Hayes, Seay, Mattern
& Mattern, Inc., and Mattern & Craig, Inc., according to the work scope
for that year; and funding is available for the first year contracts in the
fiscal year 1999-2000 adopted budget, as follows:
Hayes. Seay. Mattern & Mattern. Inc.:
32 Bridge Inspections
001-052-4310-3072
$48,000.00
TOTAL CONTRACT AMOUNT $48.000.00
Mattern & Craig. Inc.:
32 [3ridge Inspections
001-052-4310-3072
$51,800.00
TOTAL CONTRACT AMOUNT $51.800.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34313-060799) A RESOLUTION authorizing the City Managerto
enter into separate three (3) year engineering services contracts with
certain engineering firms providing for the performance of certain
bridge, overhead sign, and parking garage inspection services.
(For full text of Resolution, see Resolution Book No. 61, page 583.)
Mr. Hudson moved the adoption of Resolution No. 34313-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
406
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout a nd Mayor Bowers---------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
CMERP-BUDGET-PARKS AND RECREATION-SWIMMING POOLS-
EQUIPMENT: The Acting City Manager submitted a written report
advising that the Current Year Capital Maintenance and Equipment
Replacement Program contains various operational needs for City
departments, including fire and security alarms at Eureka Park Center,
Preston Park Center, Norwich Park Center, Buena Vista Park Center,
Mountain View Center, the Parks and Recreation Main Office, and new
electrical wiring and related services for Washington Park Swimming
Pool and Fallon Park Swimming Pool.; whereupon, the Acting City
Manager recommended that Council appropriate $26,551.00 from the
1998-99 Capital Maintenance and Equipment Replacement Program
account, as follows:
$18,954.00 to Parks and Recreation, Account No. 001-052-
7110-9015.
$7,597.00 to Engineering, Account No. 008-052-9723-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34314-060799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 584.)
Mr. Trout moved the adoption of Ordinance No. 34314-060799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut a nd Mayor Bowe rs---------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------0.
~.__.....'
~~,," ,_:Jl,l.>lJ...."J1c.l~ I!..... I ~J ""',1, 1,..L_L_I..L-'l_'~~...",~",,,,,,~,
407
BUDGET-CITY NURSING HOME: The Acting City Manager having
previously submitted a written report in connection with appropriation
of funds as a result of an audit of the Roanoke City Nursing Home by
the State Department of Medical Assistance Services, the matter was
before Council.
The Mayor advised that the Acting City Manager has requested
that the report be withdrawn from the agenda; whereupon, without
objection by Council, it was so ordered by the Chair.
BUDGET-WORKERS' COMPENSATION-CITY EMPLOYEES: The
Acting City Manager submitted a written report advising that Workers'
Compensation is defined as "exclusive remedy, under law, for all
covered employees for compensating injuries and occupational
diseases arising in the course of and within the scope of employment";
the City of Roanoke is currently self-insured for Workers'
Compensation liability with excess insurance above the $1,000,000.00
(per occurrence) level; funding of $700,000.00 has been budgeted for
the current fiscal year to cover Workers' Compensation wages and
medical payments; and these types of fringe benefits are budgeted as
a lump sum in the non-departmental category because annual charges
for each department are difficult to accurately project.
It was further advised that Workers' Compensation expenditures
in the General Fund for fiscal year 1998-99 are projected to be
approximately $860,000.00 based on actual expenditures through
March, 1999 and projected expenditures for April, May and June, 1999;
and funding to cover fiscal year 1998-99 Workers' Compensation claims
is available in the following accounts and needs to be allocated to
departmental accounts from the nondepartmental categories:
Fundina Sources:
Account Number
Amount
Worker's Compensation - Wages
Worker's Compensation - Medical
Salary Lapse
Total
001-004-9110-1135
001-004-9110-1140
001-002-9410-1090
$350,000.00
350,000.00
160.000.00
$860,000.00
The Acting City Manager recommended that Council authorize
transfer of funds to cover Workers' Compensation claims, in the
amount of $860,000.00, to departmental Workers' Compensation
accounts from the following sources:
408
ACTION:
Fundina Sources:
Account Number
Amount
Worker's Compensation - Wages
Worker's Compensation - Medical
Salary Lapse
Total
001-004-9110-1135
001-004-9110-1140
001-002-9410-1090
$350,000.00
350,000.00
160.000.00
$860,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34315-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 585.)
Mr. Trout moved the adoption of Ordinance No. 34315-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
-
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and Mayor Bowe rs---------------------------------------------------------------7.
NAYS: N()I1E!------------------------------------------------------------------------().
Council Member Swain requested a summary on the types of
claims submitted by City employees, and Council Member Wyatt
requested information on those claims attributed to stress in the work
place.
It was the consensus of Council that the request for additional
information would be referred to the Acting City Manager for report.
CITY ATTORNEY:
CITY CODE: The Acting City Attorney submitted a written report
advising that since 1982, Council has reenacted and recodified the City
Code on an annual basis in order to properly incorporate amendments
made by the General Assembly at the previous Session to State statues
that are incorporated by reference in the City Code; this procedure
ensures that the ordinances codified in the City Code incorporate the
most recent amendments to State law; incorporation by reference is
ACTION:
ACTION:
",1..1 t. ."I~ti".I""'I~".I, l.,"l~"!,,.l I.' ,M1"'i,~~ I -
409
frequently utilized in local codes to preclude having to set out lengthy
provisions of State statues in their entirety; and the technique ensures
that local ordinances are always consistent with the State law as is
generally required.
The Acting City Attorney recommended that Council adopt an
ordinance to readopt and reenact the Code of the City of Roanoke
(1979); and if an ordinance is not adopted, City Code sections
incorporating provisions of the State Code amended at the last Session
of the General Assembly may not be deemed to include the recent
amendments and may be impermissibly inconsistent which could result
in the dismissal of criminal prosecutions under these City Code
sections.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#34316-060799) AN ORDINANCE to readopt and reenact the
Code of the City of Roanoke (1979), as amended; and providing for an
emergency.
(For full t~xt of Ordinance, see Ordinance Book No. 61, page 588.)
Mr. Harris moved the adoption of Ordinance No. 34316-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd Mayor Bowe rs---------------------------------------------------------------7.
NA)(S: N()I1Et--------------------------------------------------______________________().
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of April, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report for the month of April would be received and filed.
410
DIRECTOR OF FINANCE-PURCHASE/SALE OF PROPERTY-
DELINQUENT TAXES: The Director of Finance submitted a written
report advising that as part of continuing efforts to collect delinquent
real estate taxes, he requests permission to place an advertisement in
The Roanoke Times and in The Roanoke Tribune for approximately 150-
200 real properties that have been identified; and the strategy is to
identify those properties that have not made or kept adequate payment
arrangements to obtain full payment of taxes and assessments, which
is the next step in a series of collection efforts to obtain payment for
these taxes and assessments before beginning the Judicial Sale of
Real Property ("Tax Sale") process.
It was further advised that Section 58.1-3924 of the Code of
Virginia (1950), as amended (the "State Code") provides that the
governing body may cause a list of real estate, which is delinquent for
the nonpayment of taxes,' to be published at least once in the
newspaper in the City; Section 25.1 (k) of the Charter of the City of
Roanoke provides that the Director of Finance shall have the power and
authority to use any and all collection methods available to the
treasurers under general law to collect delinquent real estate taxes;
based on these provisions, the Office of Billings and Collections will
review delinquent real estate taxes which have been submitted for
collection and develop a list of properties to publish in local
newspapers for the purpose of collecting taxes; if the delinquent taxes
and assessments are not paid as a result of the advertisement, the
properties will be considered for the City's next Tax Sale; and another
report will be presented to Council for approval prior to the actual
placement of these properties on the next Tax Sale listing.
The Director of Finance recommended that Council authorize the
placement of an advertisement in The Roanoke Times and in The
Roanoke Tribune of real estate which is delinquent for nonpayment of
taxes thereon.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34317-060799) A RESOLUTION authorizing the Director of
Finance to place an advertisement in The Roanoke Times and The
Roanoke Tribune of real estate which is delinquent for nonpayment of
taxes thereon pursuant to ~58.1-3925 of the Code of Virginia (1950), as
amended.
ACTION:
... l~i Mt. ~.k'Jl'-"..u~_~_L_.-L '_l_Jdl.-II:II.t,~~_1 -......... "'...",
0:
411
(For full text of Resolution, see Resolution Book No. 61, page 590.)
Mr. Harris moved the adoption of Resolution No. 34317-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut and May 0 r Bowers ---------------------------------------------------------------7.
NAYS: No ne------------------------------------------------------------------------0.
BUDGET-INTERNAL SERVICE FUND: The Director of Finance
submitted a written report advising that the City of Roanoke's Internal
Service Funds account for certain services provided to other
departments of the City; and Internal Service Funds recover their costs
by charging the receiving departments for services provided.
It was further advised that budgeted funds for internal services
are allocated in the General Fund in each fiscal year's budget
throughout various departments based on estimated usage; usage
usually varies from the original estimates; each fiscal year, at this time,
it is necessary to make appropriations transfers between departments
to provide sufficient funds for internal services for the fiscal year; and
the transfers do not increase the overall General Fund budget, but only
reallocate amounts between departments.
A summary of total transfers is as follows:
Budget Amount Revised
Before Transfers Budget
Transfers In/{Out) Amount
Computer $2,765,260.00 $(148,196.00) $2,617 ,064.00
Information
Systems
Computer 143,242.00 148,196.00 291,438.00
Information
Systems - PC
Rental
Risk Management 531,718.00 ( 5,739.00) 525,979.00
Overhead
412
ACTION:
Risk Management 186,859.00 5,739.00 192,598.00
Claims
Fleet 1,725,560.00 0.00 1,725,560.00
Management
Fleet Rental 1.025.000.00 0.00 1.025.000.00
Total $ 6.377.639.00 0.00 $ 6.377.639.00
The Director of Finance recommended that Council adopt the
appropriate budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34318-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 590.)
Mr. Harris moved the adoption of Ordinance No. 34318-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and Mayo r Bowe rs---------------------------------------------------------------7.
NAYS: N()I1E!------------------------------------------------------------------------().
BUDGET-CITY EMPLOYEES: The Director of Finance submitted
a written report advising that the fiscal year 1998-99 General Fund
budget included funds in the nondepartmental category for retiree
medical insurance, unemployment wages and termination leave wages
(vacation); these fringe benefits are budgeted at estimated amounts in
the nondepartmental category because annual charges of each
department are difficult to project; and actual costs are charged to
departments in anticipation of budget transfers to cover costs.
. ~...j~'I"'L ...III"1,.L,l.f."s;.l'cHII 1,1,1.,11''',111 t 1,..Ii...."'lil. ...../.11 ,<I: ·
413
It was further advised that a proposed budget ordinance
transfers funds from the nondepartmental category to the applicable
departmental budgets; the ordinance transfers funds from General
Fund City Retirement and VRS Retirement to provide necessary funding
fortermination leave wages and transfers funds from General Fund City
Retirement to provide necessary funding for the ICMA match; and the
transfers do not increase the General Fund budget in total, but
reallocate amounts between departments.
A summary of total transfers is as follows:
Budget Amount Revised
Before Transfers Budget
Transfers In/(Out) Amount
City Retirement $ 4,672,483.00 $ ( 25,873.00) $ 4,646,610.00
VRS Retirement 1,200,326.00 ( 30,691.00)' 1,169,635.00
ICMA Match 270,932.00 18,955.00 289,887.00
Retiree Medical 213,875.00 (158,066.00) 55,809.00
Insurance
Unemployment 35,000.00 ( 2,983.00) 32,017.00
Wages
Termination 91.275.00 198.658.00 289.933.00
Leave Wages
Total $ 6.483.891.00 $ 0.00 $ 6.483.891.00
The Director of Finance recommended that Council adopt the
appropriate budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34319-060799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 597.)
414
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34319-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and Mayo r Bowe rs ---------------------------------------------------------------7.
NAY S: N one-------------------------------------------------------------------0.
REPORTS OF COMMITTEES:
PUBLIC WORKS-DOWNTOWN NORTH: Council Member
Carroll E. Swain, Chairperson, Bid Committee, presented a written
report on behalf of the Committee, in connection with bids received by
the City for demolition, removal, and re-construction of certain
damaged retaining walls along the southerly side of the 01-99 block of
Gilmer Avenue, N. E., and various landscaping around the re-
constructed walls to re-establish the suburban ambiance of this one
block length of Gilmer Avenue in the Gainsboro Neighborhood;
whereupon, the Bid Committee recommended that Council authorize
the City Manager to enter into a contractual agreement, in a form to be
approved by the Acting City Attorney, with H. & S. Construction
Company, in the amount of $71,040.00, in accordance with contract
documents as prepared by Hill Studio, with total available funding as
follows:
Design contract with Hill Studio $ 7,500.00
Negotiated Contract Amount 71,040.00
Contingencies (including advertisements,
City Engineering Expenses, & additional
construction quantities) 1,460.00
Project Budget $80,000.00
It was further recommended that all other bids received by the
City be rejected. .
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
ACTION:
" I... 10.., l .-..llIl1lc.L".!cu.!....b..l..I!tIL-1J.....,lJ, 1l1l111'LlIlL' L I,,' 1>11..,'..... ...lI.lL.....1 .
.~",..;,
415
(#34320-060799) AN ORDINANCE accepting the bid of H&S
Construction Company for demolishing and reconstructing certain
retaining walls in the Downtown North area of the City, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 602.)
Mr. Swain moved the adoption of Ordinance No. 34320-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut and Mayor Bowe rs---------------------------------------------------------------7.
NAYS: N()I1Et----------------------------------------------------------______________().
GRANTS-YOUTH-JEFFERSON CENTER-LEASES-WA TER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to execution of an amendment to the Sublease
Agreement between The Jefferson Center Foundation and the City, in
connection with office space for the Office of Grants Compliance and
the Office on Youth.
A staff report advised that the sublease between The Jefferson
Center Foundation and the City of Roanoke for 2,003 square feet of
office space required by the Office of Grants Compliance and the Office
on Youth was authorized on April 4, 1994, pursuant to Ordinance No.
31945-040494; the initial term of the sublease expires on July 31, 1999;
and the current lease rate is $7.00 per square foot.
It was further advised that the Office of Grants Compliance and
the Office on Youth need to assure continuation of the sublease in
order to remain in the same space previously leased on the second
floor of The Jefferson Center under substantially the same terms as
provided during the initial five year period; the lessor has agreed to
amend the lease for the space previously leased to include an
additional five year period, expiring on July 31, 2004, at a rate of
$1,335.33 per month ($16,024.00 annually), which calculates to be $8.00
per square foot per year including utilities and custodial service.
416
ACTION:
The Water Resources Committee recommended that Council
authorize an amendment to the sublease between the City and
The Jefferson Center Foundation, for one additional term of five years,
with an annual cancellation provision, beginning August 1, 1999, at the
initial rate of $1 ,335.33 per month, in a form to be approved by the City
Attorney, for the rental of office space for the Office of Grants
Compliance and the Office on Youth.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#34321-060799) A RESOLUTION authorizing execution of an
Amendment to the Sublease Agreement between the Jefferson Center
Foundation and the City providing for one additional term of five years,
with an annual cancellation provision, for the rental of office space for
the Office of Grants Compliance and the Office on Youth.
(For full text of Resolution, see Resolution Book No. 61, page 603.)
Ms. Wyatt moved the adoption of Resolution No. 34321-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout a nd May 0 r Bowers ---------------------------------------------------------------7.
NA"S: NOI1Et------------------------------------------------------------------------().
PERSONNEL DEPARTMENT -LEASES-WA TER RESOURCES:
Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to execution of a lease agreement with the Estate of James L.
Trinkle, or its successor, for use of office space at 120 West Kirk
Avenue, by the Occupational Health Nurse for the Employee Medical
Program.
A staff report advised that additional space for the Employee
Medical Program to temporarily relieve over-crowding until a permanent
facility is located was leased from C. W. Francis & Son, Inc., pursuant
to Ordinance No. 32724-102395; initial term of the lease was for a
period of six months and expired on May 31,1996; subsequently, the
lease was extended for a one year period, with an option to renew for
ACTION:
,w I... 1:....." ...1tt."L"~,,.~-L.,_...,~,.. 1"j"J~llb.:lll_..l. 'Loli..!.,llL ~.~1J.L _I .
417
two additional one year terms; the current renewal period will expire on
June 1, 1999; C. W. Francis & Son, Inc., tla Francis Realtors, is no
longer the lessor due to the death of James L. Trinkle; and the Estate
of James L. Trinkle is now the owner and lessor, through Francis
Realtors as agent.
It was further advised that Personnel Management needs to
assure the right to continued use of the space for at least one
additional year; the lessor has agreed to continue the lease at the same
rate for a one year period, expiring on May 31, 2000; rental rate will be
$1,200.00 per month ($14,400.00 annually) for the 2,525 square feet,
which calculates to be $5.70 per square foot per year; the lease
provides for an option to renew after the first year for up to three
additional one-year terms; rent will increase $150.00 per month on the
first day of each renewal term; thus, monthly rental rates will be as
follows: first year - $1,200;00; second year - $1,350.00; third year -
$1,500.00; and fourth year - $1,650.00.
The Water Resources Committee recommended that Council
authorize a new lease between the City of Roanoke and the Estate of
James L. Trinkle, for an initial term of one year at the rate of $1,200.00
per month, beginning June 1, 1999, with an option to renew for three
additional one-year terms, in a form to be approved by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#34322-060799) AN ORDINANCE authorizing the proper City
officials to execute a lease agreement with the Estate of James L.
Trinkle, or its successor, for use of office space at 120 West Kirk
Avenue, by the Occupational Health Nurse, upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 604.)
Ms. Wyatt moved the adoption of Ordinance No. 34322-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
418
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout a nd Mayor Bowe rs---------------------------------------------------------------7.
NA)(S: NC>I1Et------------------------------------------------------------------------0.
PARKS AND RECREATION-WATER RESOURCES: Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
the interim report of the Carvins Cove Comprehensive Land Use
Committee dated February 1, 1999.
A s'(8ff report advised that Council received the February 1, 1999,
report from the Carvins Cove Comprehensive Land Use Committee and
referred the report to the Water Resources Committee for
consideration; and the report requested the Members of Council to
"encourage your opposite numbers in Roanoke and Botetourt Counties
to consider giving attention to the need for soil and water 'best
management practices' on the headwaters of Catawba and Tinker
Creeks to protect the purity 'of the water in Carvins Cove reservoir."
It was further advised that representatives for both counties state
that their governments enforce all known legal construction and
development requirements and would be willing to consider any other
recommendations and, if applicable, discuss those recommendations
with the county farm bureaus; Source Water Assessment Program
(SWAP) is a requirement of the 1996 Amendments to the Federal Safe
Drinking Water Act; the Virginia SWAP, once approved, will require a
formal assessment program, including land use activities, for all public
water supply sources within 42 months of approval by EPA by the
Virginia Department of Health, either alone or in cooperation with water
system owners; and this assessment will be the initial step of providing
technical assistance to water works owners in developing a Source
Water Protection Program which, in turn, may provide
recommendations for additional "best management practices" to
discuss with neighboring jurisdictions and property owners along the
headwaters of Tinker and Catawba Creeks.
The Water Resources Committee advised that no additional
activity is recommended until such time as the State Department of
Health, in cooperation with the City and undoubtedly representatives
of Botetourt and Roanoke Counties, conduct the formal Source Water
Assessment Program.
ACTION:
j ~ ~ 1.1 ..'" ...11Il.J,"~'''.lUr-L~~,1L.Jj-1Ju..uLL_L,I'"u''''.<lI~~"l _
41
419
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that the reports be received and filed. The
motion was seconded by Mr. Harris and unanimously adopted.
NEIGHBORHOOD ORGANIZATIONS-PURCHASE/SALE OF
PROPERTY-WATER RESOURCES: Council Member Linda F. Wyatt,
Chairperson, Water Resources Committee, presented a written report
on behalf of the Committee, with regard to a public hearing on the
conveyance of surplus City-owned property located at Tenth Street and
Loudon Avenue, N. W., designated as Official Tax No. 2111321,
containing approximately 0.08 acre, to the Northwest Neighborhood
Environmental Organization, Inc.
A staff report advised that the property is located in Roanoke City
at the corner of Tenth Street and Loudon Avenue; the property was
acquired by the City in 1934; and in 1972, the City conveyed 1,089
square feet to the Commonwealth of Virginia for Tenth Street, N. W.
right-of-way, leaving a small residual parcel.
It was further advised that the property is no longer needed by
the City and may be disposed of as surplus property; City policy
requires surplus property to be advertised and sold to the highest
bidder if the property can be used to construct a separate structure, or
if the property does not meet requirements to construct a separate
structure, as is the case with the lot in question, offered to an adjacent
property owner; conveyance of real property must be approved by
Council following a public hearing; and the adjacent property owner is,
or will be, the Northwest Neighborhood Environmental Organization,
Inc. (NNEO), and the organization has requested conveyance of the
property for a housing project. \
The Water Resources Committee recommended that Council
authorize advertisement of a public hearing and, lacking any comments
to the contrary, approve the conveyance of Official Tax No. 2111321,
containing approximately 0.08 acre to the Northwest Neighborhood
Environmental Organization, Inc., and the organization will be
responsible for all title work, surveying, plat preparation, and
preparatiun of legal documents, in a form to be approved by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
420
ACTION:
Ms. Wyatt moved that Council concur in the recommendation.
The motion"was seconded by Mr. Harris and unanimously adopted.
(The public hearing was held on Monday, June 21, 1999, at 7:00 p.m.)
PURCHASE/SALE OF PROPERTY -BUDGET -TRAFFIC-CITY
EMPLOYEES-JEFFERSON CENTER-WATER RESOURCES: Council
Member Linda F. Wyatt, ChairperSon, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
acquisition of property located in the 400 block of Luck Avenue, S. W.,
for the Employee/Jefferson Center Parking Project.
A staff report advised that in September, 1994, a plan was
developed to address The Jefferson Center parking needs as well as
City employee parking recommendations; in December, 1994, Council
approved the transfer of funds to allow acquisition of property; and 11
parcels of land have been acquired; three parcels located in the 400
block of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407, and
a portion of 1012406, have been identified as possible sites to acquire
to implement Phase I (property acquisition) of the parking project; the
owner will subdivide Official Tax No. 1012406 to allow the City to
purchase 22,800 square feet, more or less, which is approximately one-
half of the lot; the property owner, Richard A. Dearing, has been offered
$140,000.00 for the property, and it is possible that condemnation may
be necessary to acquire the parcels of land.
The Water Resources Committee recommended that Council
approve the following actions:
Authorize acquisition of property located in the 400 block
of Luck Avenue, S. W., Official Tax Nos. 1012408, 1012407,
and 22,800 square feet, more or less, of Official Tax No.
1012406, by negotiation or eminent domain, for the
amount of $140,000.00.
Appropriate $210,493.00 from the 1996 General Obligation
Bonds (Employee Parking Account No. 008-052-9701-9192)
to Employee Parking Capital Account No. 008-056-9698-
9001) to provide funding for property acquisitions and
related expenses for this ongoing program.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
ACTION:
'..........~.._l ...lthfJ"lU",bu!t'_I.L-jd"J.lllll,~j.fc 1-, lt~.w.,.lili ..i,ll.iU...11 .
421
Ms. Wyatt offered the following emergency budget ordinance:
(#34323-060799) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for' an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 605.)
Ms. Wyatt moved the adoption of Ordinance No. 34323-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut and Mayo r Bowe rs---------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------0.
Ms. Wyatt offered the .following emergency ordinance:
(#34324-060799) AN ORDINANCE providing for the acquisition of
property located in the 400 block of Luck Avenue, S. W., and identified
by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of
Official Tax No.1 012406, authorizing the proper City officials to execute
and attest any necessary documents for this acquisition; providing for
the City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 606.)
Ms. Wyatt moved the adoption of Ordinance No. 34324-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd May 0 r Bowers ---------------------------------------------------------------7.
NAYS: N()I1Et-------------------------------------------------_______________________().
422
WATER RESOURCES-SWIMMING POOLS: Council Member
Linda F. Wyatt, Chairperson, Water Resources Committee, presented
a written report on behalf of the Committee, with regard to approval of
the Water Conservation Plan dated May 17, 1999, and authorizing the
Acting City Manager to take certain actions and provide for such rules
and regulations as may be necessary to implement, administer and
enforce the Water Conservation Plan.
The Water Resources Committee recommended that Council take
the following actions:
Council finds that a water supply emergency exists in the
City affecting the use of water in any area of the City and
that there is a need to control and restrict the use of water
during the emergency and that Council approve the Water
Conservation Plan, dated May 17, 1999, including the
surcharges contained therein; that Council declare the
water supply emergency will be lifted when the Carvins
Cove reservoir level reaches ten feet below the spillway or
upon further action of Council.
Authorize the City Manager, in accordance with the City of
Roanoke Charter (1952), Sections 2-(31) and (32), and
Virginia Code Section 15.2-924, to impose suitable
penalties for the violations ofthe Water Conservation Plan
of not less than $100.00 for residential users and $500.00
for institutional/commercial/industrial users; each day of
a violation shall be considered a separate violation;
penalties assessed will be immediately payable; Council
further authorizes the City Manager to provide that failure
to pay the penalty assessed and/or multiple violations of
the Water Conservation Plan may subject the water user
to i,nmediate cut off of water service and service will not
be resumed until all bills, penalties, plus a $50.00 turn on
fee are paid.
Authorize the City Manager to temporarily employ and
authorize two Water Conservation Officers, or such
additional personnel as may be necessary, for patrolling
and issuing of citations to water users in violation of
restrictions and allocated conditions set forth in the Plan.
Additionally, authorize the City Manager to authorize the
following employees for patrolling and issuing of
" ACTION:
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Ottf.'!'-1'~'
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423
citations: Watershed Security Officers (2), Boat Inspectors
(2), Pump and Storage Operators (2), Utility Workers (2),
ana other Water Department employees as required.
Authorize the City Manager to take such further action and
to provide for such rules or regulations as may be
necessary to administer and/or implement the Water
Conservation Plan.
Amend the Water Fund fiscal year 1999-2000 budget and
appropriate $100,000.00 from the Water Fund prior years'
retained earnings to Account No. 002-056-2170-2055 -
Purchased Water; $3,000.00 to Account No. 002-056-2170-
1003 - Overtime Wages.
Authorize the Director of Finance to impose water rates
noted in the Plan should the reservoir level reach
Condition 3 (30 feet) or Condition 4 (42 feet) below
spillway level.
Decrease the revenue estimate by $408,660.00 in Water
Furld Account No. 002-056-1234-0905, Bulk Sales Roanoke
County, for estimated lost revenue to reduce sale of water
to Roanoke County of two and one-half million gallons a
day for up to 84 days.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the "following emergency budget ordinance:
(#34325-060799) AN ORDINANCE to amend and reordain certain
sections ofthe 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 607.)
Ms. Wyatt moved the adoption of Ordinance No. 34325-060799.
The motion was seconded by Mr. Harris.
Kit B. Kiser, Director, Utilities and Operations, advised that the
Water Conservation Plan is the next step of a process that started in
March 1999 through the Water Resources Committee, atwhich time the
Committee requested that Council call the water situation to the
424
attention of citizens and request voluntary water conservation. At that
time, he stated that the City administration was requested to pursue an
orderly plan to address the potential water shortage and the Water
Resources Committee has recommended that Council adopt a Water
Conservation Plan that provides the following: at 22 feet, the City will
request assistance from neighboring jurisdictions, at 24 feet, the City
Manager will be authorized to impose restrictions on certain
unauthorized uses of water and water conservation officers will be
assigned the responsibility of patr()lIing the City and passing out
warnings for unauthorized water usage. He reviewed provisions ofthe
Water Conservation Plan.
The Acting City Manager advised that the City is not in a crisis
situation atthis point, however, recommended actions are proposed in
an effort to avoid a water crisis. He stated that as of this date, Carvins
Cove is at 20.9 feet below spillway level, in two weeks, minus any
rainfall, Carvins Cove will be approximately 22 feet below spillway level;
and at that point, the City will trade water with Roanoke County, and
purchase water from the City of Salem and the Town of Vinton. He
explained that the City depends upon Carvins Cove for about 14 million
gallons of water per day, and even though Roanoke County has the
Spring Hollow Reservoir, the County does not have the processing
capability to provide the City in excess of more than two to three million
gallons of water per day, and at 22 feet below spillway, the City will
work with the County to obtain additional water.
Mr. Kiser explained th~t at 24 feet, Carvins Cove will be at its
lowest level ever, therefore, it is known that there will be certain water
quality operational problems. He stated that due to pipe sizing
connection there is a limitation on how much water the City can
purchase from Roanoke County, however, the City and the County are
working jointly to maximize the situation.
The Acting City Manager was requested to respond to questions
by citizens regarding the City's position to fill the two municipal
swimming pools in Washington Park and Fallon Park, and to elaborate
on water conservation measures to be taken by the City; whereupon,
he advised that the City has taken voluntary water conservation very
seriously and met with department managers to generate methods to
save water. He stated that sod on City property will not be watered,
water fountains have been turned off, and flower beds are watered by
recycled water from the Sewage Treatment Plant. He stated that a
consensus was reached by City staff to fill the two municipal swimming
ACTION:
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... .......
"i';~
425
. c1t
-L . ,~,
'--"'.,.
pools during this period of voluntary conservation because ofthe City's
young people who need constructive recreation. He reported that
private swimming pools are allowed to be filled which means thatthose
children who can afford to do so will have the opportunity to enjoy
private swimming pools while those children who cannot afford to visit
private pools will be able to enjoy the City's municipal swimming pools.
He explained that once the swimming pools are filled, there is relatively
small use of water, other than through normal evaporation and use of
restroom facilities.
The Mayor appealed to citizens of Roanoke to practice good
water conservation measures, and requested that churches,
synagogues, temples, etc., offer a prayer for rain in their worship
services.
Ordinance No. 34325-060799 was adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd Mayor Bowe rs---------------------------------------------------------------7.
NA"S: NOI1t!------------------------------------------------------------------------Cl.
Ms. Wyatt offered the following emergency ordinance:
(#34326-060799) AN ORDINANCE declaring that a water supply
emergency exists within the City of Roanoke; approving the Water
Conservation Plan dated May 17, 1999; authorizing the City Manager to
impose suitable penalties for violations ofthe Water Conservation Plan;
authorizing the City Manager to temporarily employ two water
conservation officers and to authorize those officers as well as certain
other City employees to patrol and issue citations for violations of the
Water Conservation Plan; authorizing the City Manager to take such
further action and to provide for such rules and regulations as may be
necessary to implement, administer and enforce the Water
Conservation Plan; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 608.)
Ms. Wyatt moved the .adoption of Ordinance No. 34326-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
426
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowe rs ---------------------------------------------------------------7.
NA)(S: N()l1e------------------------------------------------------------------------0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-ANIMALSIINSECTS: Ordinance No. 34298, amending
Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979),
as amended, to provide for certain revisions relating to the dog
ordinance, having previously been before the Council for its first
reading on Monday, May 17, 1999, read and adopted on its first reading
and laid uver, was again before the body, Mr. Hudson offering the
following for its second reading and final adoption:
(#34298-060799) AN ORDINANCE amending Chapter 6, Animals
and Fowl, Code of the City of Roanoke (1979), as amended, by adding
newI16-11, Public nuisance animal, 6-12, Duty of animal owners, 6-13,
Cleaning up after animals, and 6-27, Limitations on keeping, and
amending 116-22, Definitions. 6-42.1, Licensing imposed, 6-43, When
due and payable, and 6-45, Issuance. composition and contents of
license; the added and amended sections defining "public nuisance
animal" and creating a Class 3 misdemeanor for keeping a public
nuisance animal in the City, prescribil1g a duty of care for animal
owners, requiring owners to clean up after their animals, limiting to
four the number of dogs kept on residential property, providing new
definitions of "dog", "domestic", "farm" and "to run at large" or
"running at large", and establishing new fees for licenses for dogs and
commercial kennels; and providing for an effective date of July 1,1999.
(For full text of Ordinance, see Ordinance Book No. 61, page 565.)
Mr. Hudson moved the adoption of Ordinance No. 34298-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, H~lfris, Hudson, Swain,
T rout a nd May 0 r Bowe rs---------------------------------------------------------------7.
NA)(S: N()l1e------------------------------------------------------------------------0.
......... 1o.~"'.~~_.;--~"_~:m.!.'t.l~;;~':d"."'.,..II~" 111 ...i~Uil 1",1 -
...
427
S I G N SIB ILL BOA R 0 S/ A WN I N G S -H 0 U SIN G/ AUT H 0 R I TY:
Ordinance No. 34302, authorizing acceptance of a donation and
conveyance of certain property identified by Roanoke City Tax No.
2022611, located on McDowell Avenue, N. W., to the City of Roanoke
from the Roanoke Redevelopment and Housing Authority for
construction of a new sign at the entranceway of Historic Gainsboro
District, and authorizing preparation of the appropriate documents,
upon certain terms and conditions, having previously been before the
Council for its first reading on Monday, May 17,1999, read and adopted
on its first reading and laid over, Mr. Trout offered the following for its
second reading and final adoption:
(#34302) AN ORDINANCE authorizing the acceptance of a
donation and conveyance of certain property identified by Roanoke City
Tax No. 2022611, located on McDowell Avenue, N. W., to the City from
the Roanoke Redevelopment and Housing Authority for the
construction of a new sign at the entranceway of Historic Gainsboro
District, authorizing preparation of the appropriate documents, upon
certain terms and conditions.
Mr. Trout moved the adoption of Ordinance No. 34302. The
motion was seconded by Mr. White.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that at the
last meeting of Council on Monday, May 17, 1999, it was stated that the
property could be accepted without the construction of a sign;
however, the measure currently before Council provides for
construction of a new sign atthe intersection ofthe Historic Gainsboro
District. She stated that the historic district starts at North Jefferson
Street, Gilmer Avenue and Patton Avenue, N. W., where the Historic
Gainsboro Library is located, and requested clarification as to the
contents of the sign.
The Acting City Manager reported that the sign will bear the
following inscription: "Welcome to Historic Gainsboro."
Ms. Bethel stated that the entire section of Gainsboro has not
been officially declared historic and to use the historic designation
demeans the official designation. She added that there were certain
procedures that were followed to receive the H-2, Historic District
Overlay designation for Gilmer and Patton Avenues, N. E and N. W., and
to deliberately place an incorrect sign at that location is damaging to
the histoi ic designation. She stated that the City should officially
428
declare all of Gainsboro as an historic district and then the sign would
be correct, but without that designation, the sign is nothing but a farce
and demeans other areas of ~he City that have been declared historic,
including the possible historic designation ofthe Star on Mill Mountain.
Upon question, William F. Clark, Director, Public Works, advised
that the sign which currently exists at the corner of Gainsboro Road
and McDowell Avenue on the corner at Hill Street Baptist Church refers
to Historic Gainsboro. Because of questions regarding the size of the
lot, he stated that the sign will be four feet less in width by taking two
feet off at both ends and reducing the length of the aluminum panel on
the background, the letters have already been acquired by the
contractor, therefor, they will have to be used at that location or the City
will be responsible for the costs incurred by the contractor. He
explained that the size of the sign has been reduced to more closely fit
the size of the lot; however, the wording on the proposed sign is no
different than the wording on the existing wooden sign which is
currently located at that same corner.
Ms. Helen E. Davis, 35 Patten Avenue, N. E., advised that she
appeared before Council at its last meeting on Monday, May 17, 1999,
and she was of the understanding that the Director of Public Works
was requested to confer with residents of the area to resolve the
matter. She stated that simply because the current sign is worded
"Historic" Gainsboro does not make it right, because all of Gainsboro
has not b~en designated as an historic area.
The Acting City Manager advised that neither the City
administration nor City Council has a vested interest in what the sign
says; however, it was his understanding that several months ago when
the original sign was discussed, there were persons from the area who
were in favor of using the word "historic" on the proposed new sign
and those persons were not t:'epresented today. He stated that City staff
will work with residents of the area to reach a consensus.
Mr. White moved that Ordinance No. 34302, on its second
reading, be tabled until there is a consensus of opinion by residents of
the Gainsboro area. The motion was seconded by Ms. Wyatt and
adopted.
ZONING: Ordinance No. 34304, rezoning property located at 1805
Orange Avenue, N. W., Official Tax No. 2321415, from C-2, General
Commercial District, to C-1, Office District, pursuant to the First
ACTION:
ACTION:
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~
429
Amended Petition filed in the Office of the City Clerk on January 27,
1999, having previously been before the Council for its first reading on
Monday, May 17, 1999, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34304-060799) AN ORDINANCE to amend ~36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 61, page 572.)
Mr. Trout moved the adoption of Ordinance No. 34304-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut and Mayor Bowe rs ---------------------------------------------------------------7.
NA"S: N()I1E!---------------------------------------------------------_______________().
ZONING: Ordinance No. 34305, rezoning a tract of land located
at 907 4th Street, S. E., Official Tax No. 4021001, from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to
certain proffers contained in the Second Amended Petition filed in the
Office of the City Clerk on April 13, 1999, having previously been before
the Council for its first reading on Monday, May 17, 1999, read and
adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final
adoption:
(#34305-060799) AN ORDINANCE to amend ~36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 402 Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 573.)
Mr. Harris moved the adoption of Ordinance No. 34305-060799.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
430
ACTION:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowe rs ---------------------------------------------------------------7.
NA"S: N()I1Et------------------------------------------------------------------------().
STREETS AND ALLEYS: Ordinance No. 34306, permanently
vacating, discontinuing and closing certain portions of Norfolk Avenue,
S. W., extending in an easterly direction from Second Street, S. W.,
lying generally between Second Street, S. W., and Williamson Road,
S. E., and a portion of former Norfolk Avenue, S. W., having previously
been before the Council for its first reading on Monday, May 17, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34306-060799) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 575.)
Mr. Trout moved the adoption of Ordinance No. 34306-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowe rs---------------------------------------------------------------7.
NAYS: N()I1Et------------------------------------------------------------------------().
DECEASED PERSONS: Mr. Hudson offered the following
resolution memorializing the late Walker R. Carter, Jr., Clerk of Circuit
Court for the City of Roanoke from 1961 to 1979:
(#34327 -060799) A RESOLUTION memorializing the late Walker R.
Carter, Jr.
(For full text of Resolution, see Resolution Book No. 61, page 611.)
Mr. Hudson moved the adoption of Resolution No. 34327-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
~~ 1.1 1.1"''-"!.........~,'"tt,.IJuIL1ll...JJ,,h_hl_td,,,..jhl.lII ...UI.l.i..~...1 _
431
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut a nd Mayor Bowers ---------------------------------------------------------------7.
NAYS: N()I1E!------------------------------------------------------------------------Cl.
DECEASED PERSONS: Mr. Swain offered the following
resolutiol'"l memorializing the late Dr. Maynard Herman Law, who
dedicated his service to the community in medicine and civic
leadership:
(#34328-060799) A RESOLUTION memorializing the late Dr.
Maynard Herman Law.
(For full text of Resolution, see Resolution Book No. 61, page 612.)
Mr. Swain moved the adoption of Resolution No. 34328-060799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T ro ut and Mayor Bowe rs ---------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------Cl.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MA YORAND MEMBERS
OF COUNCIL:
NATIONAL LEAGUE OF CITIES-GRANTS: Mr. Trout offered the
following resolution urging the U. S. Congress to support full funding
of the Community Development Block Grant (COBG) Program in 2000,
at least at the Fiscal Year 1999 level of $4.750 billion, as an investment
in the future of America's communities:
(#34329-060799) A RESOLUTION urging the U. S. Congress to
support full funding of the Community Development Block Grant
(CDBG) Program in 2000, at least at the Fiscal Year 1999 level of $4.750
billion, as an investment in the future of America's communities.
(For full text of Resolution, see Resolution Book No. 61, page 613.)
432
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34329-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayo r Bowe rs------------..--------------------------------------------------7.
NAYS: NOlle------------------------------------------------------------------------().
HOUSING/AUTHORITY -NATIONAL LEAGUE OF CITIES-GRANTS-
ECONOMIC DEVELOPMENT: Mr. Trout offered the following resolution
urging members ofthe United States House Commerce Committee and
the United States House of Representatives to amend H. R. 10 to
modernize the Community Reinvestment Act (CRA) passed in 1977, in
order for the CRA to continue to be an important economic
development tool to increase home ownership and economic
development in low income 'urban and rural communities:
(#34330-060799) A RESOLUTION urging the members of the
United States House Commerce Committee and the United States
House of Representatives to amend H.R.10 to modernize the
Community Reinvestment Act (CRA) passed in 1977, in order for the
CRA to continue to be an important economic development tool to
increase home ownership and economic development in low income
urban and rural communities.
(For full text of Resolution, see Resolution Book No. 61, page 615.)
Mr. Trout moved the adoption of Resolution No. 34330-060799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
T rout and Mayo r Bowe rs ------------------------..--------------------------------------7.
NA"S: NOlle------------------------------------------------------------------------0.
COMPLAINTS-RESPOND SYSTEM-PARKS AND RECREATION:
Council Member Hudson referred to complaints by citizens who are
unable to contact the City's Weed Control Coordinator by telephone
and inquired if telephone calls can be forwarded to a City employee for
response when the Weed Control Coordinator is out of the office.
ACTION:
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- '~.l
"
433
.;-:,' :t:,i~tH::,;};
George C. Snead, Jr., Director, Public Safety, advised that his
office, in cooperation with the Office of Management and Budget and
the Weed Control Coordinator, will focus on ways to insure that citizens
are informed that they can call the Weed Control Coordinator and the
City's Respond system to record their complaints. He stated that the
overall goal is to provide the Weed Control Coordinator with more time
to work in the field, while providing a means for citizens to interact with
a City employee rather than an automated message.
CITY EMPLOYEES-CENSUS: Council Member White requested
a briefing with regard to appointment by the Acting City Manager of an
internal team of City employees to work with the year 2000 national
census to ensure that every citizen of the City of Roanoke is counted
in the upcoming census.
It was the consensus of Council that the request would be
referred to the Acting City Manager for appropriate response.
PARKS AND RECREATION-REFUSE COLLECTION: Council
Member Swain expressed concern with regard to the cleanliness ofthe
City, and reiterated previous remarks regarding the need for a public
relations campaign to educate citizens on the cost to the taxpayers of
Roanoke to remove litter from City streets. He suggested billboard
advertising and soliciting input/participation from students as to how
to address the problem. In regard to weed control/overgrown lots, he
suggested that the City explore the feasibility of engaging small
business contractors or inmates from the City Jail to address the
problem.
It was the consensus of Council that Mr. Swain's remarks would
be referred to the Acting City Manager for appropriate response.
At 5:00 p.m., the Mayor declared the meeting in recess.
At 5:15 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respectto the Executive Session just concluded,
Mr. Swain 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
434
ACTION:
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Tro ut a nd Mayor Bowe rs---------------------------------------------------------------7.
NAYS: N()l1e-------------~----------------------------------------------------------().
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 5:17 p.m., the Mayor declared the meeting in recess.
At 5:30 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or ter 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and May 0 r Bowe rs---------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------().
PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK:
Mr. Trout offered the following emergency ordinance affirming the
intent of the Council of the City of Roanoke to provide for acquisition
of property rights needed by the City for Railside Linear Park - Phase I:
(#34331-060799) AN ORDINANCE affirming the intent of the
Council ofthe City of Roanoke to provide for the acquisition of property
rights neC'ded by the City for Railside Linear Park - Phase I; setting a
certain limit on the consideration to be offered by the City; providing for
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'If,:
435
the City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 616.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34331-060799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Harris, Hudson, Swain, Trout and
ftftCl)f()rEJ()\ftIers-----------------------------------------------------------------------------E).
NAYS: Council Member Wyatt----------------------------------------------1.
CABLE TELEVISION-COUNCIL: Mr. Harris moved that it shall be
the procedure of Council to convene in Executive Session to consider
Vacancies on Various Authorities, Boards, Commissions and
Committees Appointed by Council prior to consideration of Other
Hearing of Citizens, and any additional Executive Session(s) will be
convened immediately following Other Hearing of Citizens; and RVTV -
Channel 3 coverage of City Council meetings will conclude when
Council convenes in Executive Session. The motion was seconded by
Mr. Trout and unanimously adopted. (The above action was rescinded
by motion of Council on Monday, August 16, 1999.)
There being no further business, the Mayor declared the meeting adjourned
at 5:40 p.m.
APPROVED
~~!fJ~
Mary F. Parker
City Clerk
436
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
June 21, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
June 21,1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Chairman Pro Tern William White, Sr., presiding, pursuant to Rule 1, Regular
Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout and Chairman Pro Tern William White, Sr.-----------------------5.
ABSENT: Vice-Mayor C. Nelson Harris and Mayor David A. Bowers-----------2.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney;
James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The Deputy City Clerk stated that she had been advised that the Mayor and
Vice-Mayor would not be available to attend the regular meetings of Roanoke City
Council; and in accordance with Roberts Rules of Order, it would be necessary for
the Members of Council to elect a Chairman Pro Tern to preside over this meeting
of City Council, as well as the 2:00 p.m. and 7:00 p.m. sessions of Council. The
Deputy City Clerk called for nominations for a Chairman Pro Tern.
Mr. Trout placed in nomination the name of Council Member White to preside
as Chairman Pro Tern.
There being no further nominations, Council Member White was elected as
Chairman Pro Tern by the following vote:
FOR MR. WHITE: Council Members Wyatt, Hudson, Swain, Troutand White--5.
(Mayor Bowers and Vice-Mayor Harris were absent.)
BLUE RIDGE COMMUNITY SERVICES: A briefing with regard to Blue Ridge
Community Services was before Council.
Mr. Glenn D. Radcliffe, Director of Human Development, introduced a briefing
with regard to the programs provided to citizens by Blue Ridge Community Services.
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437
Dr. Fred P. Roessel, Jr., Ph.D., Executive Director, Blue Ridge Community
Services, referred to his communication under date of June 16, 1999, detailing
information on the services and funding of Blue Ridge Community Services as
compared to other selected Community Services Boards, and presented an overview
of the services and activities provided by Blue Ridge Community Services.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas Chapman, Director of Administration, Blue Ridge Community
Services, presented a briefing with regard to services of Blue Ridge Community
Services as compared to other selected Community Services Boards, advising that
most of the information was derived from the Fiscal Year 1998 Annual Statistical
Report of the Department of Mental Health, Mental Retardation and Substance Abuse
Services; since detailed information was not readily available in a comparable way
for the individual localities as requested by the City administration, he provided data
on the Community Services Board which serves each of those jurisdictions, as
follows:
1. BristollWashington County - Highlands CSB
2. Alexandria - Alexandria CSB
3. Portsmouth - Portsmouth CSB
4. Richmond - Richmond Behavioral Healthcare Authority
5. Norfolk - Norfolk CSB
6. Petersburg - District 19 CSB
7. Lynchburg - Central Virginia CSB
8. Montgomery County - New River CSB
Mr. Chapman provided further information with regard to comparison of
services provided by Blue Ridge Community Services and selected Community
Services Boards; comparison of revenue of Blue Ridge Community Services and
selected Community Services Boards; comparison of funding of Blue Ridge
Community Services and selected Community Services Boards by service type;
comparison of Local Tax Appropriations by Blue Ridge Community Services member
jurisdictions; and a breakdown of Blue Ridge Community Services staff by function,
race and gender. It was advised that the services listed are those approved for
funding by the Department of Mental Health, Mental Retardation and Substance
Abuse Services with State controlled funds, as defined in Core Services Taxonomy
2; descriptions of these services were provided in the BRCS report to City Council
dated February 25, 1999; a copy of the proposed FY 2000 Performance Contract for
Blue Ridge Community Services is also being provided, which includes all of the
funds approved as of June 15, 1999, with the exception of new money appropriated
by the General Assembly that has not yet been allocated.
438
Ms. Wyatt expressed concern about the organization's impact on the City of
Roanoke and its citizens, not other localities, and stated she has difficulty believing
that Blue Ridge Community Services does not keep track of services provided by
other localities; whereupon, Mr. Chapman stated thatthis information was contained
in a local progress report provided to City Council in November or December of
1998. Ms. Wyatt stated she would like ~o see figures for the City of Roanoke to
compare to other cities; whereupon, Mr. Chapman advised that he would pull the
figures from the report provided to Council in November or December of 1998 and
prepare a comparison for Council's information.
Mr. Trout advised that he heard about a possible expansion of the Blue Ridge
Community Services building and inquired as to when Council could expect a
briefing on this matter; whereupon, Mr. Chapman advised that Blue Ridge
Community Services is in the preliminary stages of purchasing another building,
with the goal of combining all services into one building; and they are looking into
conventional financing for the building, although they are not to that point yet.
Mr. Chapman responded to specific questions from Council with regard to
information contained in Tables A - F of the comparison report submitted with
Dr. Roessel's communication under date of June 16, 1999.
With regard to the Blue Ridge Community Services Fiscal Year 2000
Performance Contract, Mr. Radcliffe advised that the City will soon begin looking at
when the localities need to enter into a new Performance Contract, and this matter
will be brought before Council for final approval.
Mr. Chapman stated that Mr. Radcliffe has been very helpful and has been on
the front lines of the process; that major differences in the new contract include
references about three different kinds of services, i.e., programmatic, individualized
and special projects, and summary information on Total Revenues for Services
relating to Consolidated Mental Health Services, Consolidated Mental Retardation
Services, and Consolidated Substance Abuse Services.
There being no further discussion, and without objection by Council, the
Chairman Pro Tern advised that the briefing would be received and filed.
At 1 :00 p.m., the Chairman Pro Tem declared the meeting in recess until 2:00
p.m.
At 2:00 p.m., on Monday, June 21,1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Chairman Pro Tern White presiding.
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439
PRESENT: Council Members Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout and Chairman Pro Tern William White, Sr.-----------------------5.
ABSENT: Vice-Mayor C. Nelson Harris and Mayor David A. Bowers-----------2.
OFFICERS PRESENT: James O. Ritchie, Acting City Manager; Diane S. Akers,
Acting Assistant City Manager; William X Parsons, Acting City Attorney; James O.
Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The reconvened meeting was opened with a prayer by Chairman Pro Tern
William White, Sr.
The Pledge of Allegiance to the Flag of the United States of America was led
by Chairman Pro Tern White.
The Chairman Pro Tern welcomed visiting high school students from Roanoke
City and Roanoke County who were participating in a Minority Journalism
Workshop.
CONSENT AGENDA
The Chairman Pro Tern advised that all matters listed under the
Consent Agenda were considered to be routine by the Members of
Council and would be enacted by one motion in the form, or forms,
listed on the Consent Agenda, and if discussion was desired, that item
would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being litigation and other specific legal matters
involving publicly owned property; and to discuss personnel matters
with regard to vacancies on various authorities, boards, commissions
and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Vice-Mayor
C. Nelson Harris requesting that Council convene in Executive Session
to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the
Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
440
ACTION:
ACTION:
Mr. Trout moved that Council withdraw the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n Pro Tern Wh i te--------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
CITY ATTORNEY: A report ofthe Acting City Attorney requesting
that Council convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being
litigation and other specific legal matters involving publicly owned
property, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Acting
City Attorney to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being
litigation and other specific legal matters involving publicly owned
property, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite-------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
MUNICIPAL AUDITOR-COMMITTEES-AUOIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, June 7,1999, were before the body.
The Audit Committee considered the following items:
ACTION:
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- 11 -LA .....,
441
FINANCIAL AUDITS
Canteen Fund
Jail Inmate Fund
FINANCIAL RELATED AUDITS
EMS Billings and Collections
City Market
Parks and Recreation Part-Time Payroll
Capital Project Contract Management
Briefing on the Fleet Management Report
NEW BUSINESS
KPMG General Audit Plan
Municipal Auditing 2000 Audit Plan
Peer Review
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Trout moved that the Minutes be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Cha i rman Pro Tern Wh ite-------------------------------------------------------------5.
NAYS: N()I1Et-----------------------------------------------------------------------Cl.
(Mayor Bowers and Vice-Mayor Harris were absent).
ENTERPRISE ZONE: The Acting City Managersubmitted a written
report requesting that City Council approve the advertising of a Public
Hearing for July 19, 1999, to discuss a boundary amendment of both
Enterprise Zone One and Two and the addition of local incentives to
Enterprise Zone One which are currently available in Enterprise Zone
Two.
(For full text, see report on file in the City Clerk's Office.)
442
ACTION:
Mr. Trout moved that Council concur in the request of the Acting
City Manager to authorize a public hearing to be held on Monday,
July 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to a boundary amendment of Enterprise Zones One
and Two and the addition of local incentives to Enterprise Zone One.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Cha i rma n Pro T em Wh i te -------------------------------------------------------------5.
NAYS: Non e -----------------------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
POLICE OEPARTMENT-BUDGET-CITY SHERIFF-GRANTS: A
communication from the Honorable George M. McMillan, Sheriff,
recommending acceptance of a grant by the Commonwealth of Virginia
Department of Criminal Justice Services to continue a three year pilot
program for institutional treatment of persons who violate interdiction
orders and are sentenced to a term of incarceration in the Roanoke City
Jail, was before Council.
It was advised that interdiction orders issued by a Circuit Court
pursuant to Section 4.1-333 of the Code of Virginia may prohibit those
with a history of public intoxication arrests from purchasing or
possessing alcoholic beverages; violations of an interdiction order is
punishable as a Class One Misdemeanor by up to one year in jail;
through cooperative efforts of the Commonwealth Attorney, the Circuit
Court, the Police Department and the Roanoke City Sheriff, a number
of individuals have received these interdiction orders in Roanoke in the
past year; some of these individuals have violated the court order and
have subsequently been sentenced to jail terms; the Roanoke City
Sheriff's Office developed an innovative community-based program that
began in January of 1999 that is designed to address some of the root
causes of alcoholism that should, in turn, lead to the reduction of the
incidence of public intoxication in the City; the program was adopted
~..-..J..iL.'''l"-.l''''~~~,:t~~,~;:~'~~'~i:;:__,~,j':L;'~'-''JIW IUt ...II..lw.i. jJ - ~ .-a......,
443
by Council at their meeting on December 7, 1998; and the Roanoke City
Sheriff's Office is currently participating in the 2nd year ofthe approved
three year grant for the Jail-Based Public Inebriate Program.
It was further advised that the Roanoke City Sheriff's Office
developed a grant proposal to the Department of Criminal Justice
Services (DCJS) to provide for a pilotthree year institutional (jail-based)
treatment service program for individuals that violate interdiction
orders and are sentenced to a term of incarceration in the Roanoke City
Jail; the grant proposal was approved by the Court-Community
Corrections Regional Community Criminal Justice Board and Roanoke
City Council and was submi,tted to OCJS; DCJS awarded a three-year
grant to the City of Roanoke to conduct the Jail-based Public Inebriate
Intervention and Treatment Service Program; the 1998 General
Assembly has provided $87,973.00 for the City of Roanoke for fiscal
year 1998-99 and $163,133.00 for fiscal year 1999-2000; funding for the
fiscal year 1999-2000 provides for program continuation, and the
services ofa Deputy Sheriff position, and related operational expenses;
and the Pilot Public Inebriate Jail-based Intervention and Treatment
Program will specifically target individuals who violate their interdiction
order and are sentenced to a term of incarceration in the Roanoke City
Jail.
The Sheriff recommended that Council authorize the City
Manager to sign the Grant Acceptance Award to enable the City of
Roanoke to receive funding in the amount of $163,133.00 in funds for
the second year of the three year Pilot Public Inebriate Program; the
Director of Finance to establish the revenue estimate in the Grant Fund
by the amount of $163,133.00 in State general funds; and appropriate
$163,133.00 in the Grant Fund to the appropriate accounts.
A report of the Acting City Manager recommending that Council
concur in the request, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34332-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
444
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 1.)
Mr. Trout moved the adoption of Ordinance No. 34332-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite-------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34333-062199) A RESOLUTION authorizing the acceptance of
a grant to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services to continue a three year pilot
program for institutional treatment of persons that violate interdiction
orders and are sentenced to a term of incarceration in the Roanoke City
Jail, and authorizing execution of any required documentation on
behalf of the City by the City Manager.
(For full text of Resolution, see Resolution Book No. 62, page 2.)
Mr. Trout moved the adoption of Resolution No. 34333-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n P ro Tern Wh i te -------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
SCHOOLS: A communication from the Roanoke City School
Board requesting the close "out of 54 school grants which have been
completed, was before Council.
It was advised that total outlays for the grants amounted to
$11,375,027.59; and revenue for the grants was provided as follows:
ACTION:
,,_,. ~ - ....."J.iY.. .JcI.VIIlIli.wL~ l::'~.tol.':jtAlI !".):,I.JW-L;:,Ji,,i,L; 11.11 ~.............. 1 "..., lit ....."'1'
445
Federal Funds
State Funds
Fees/Donations
Local Match
$7,172,100.06
$2,005,481.61
$ 618,042.26
$1,579,403.66
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mr. Swain and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation offunds to the following school
accounts, was before Council.
$169,533.00 from 1997 Capital Bond Funds for the Addison
Aerospace Middle School renovation project. The
supplemental appropriation reflects change orders for
rock excavation and backfill, demolition, and stage floor
replacement.
$3,250,000.00 from the State Literary Fund to provide
funds for the renovation ofthe Roanoke Valley Governor's
School for Math and Science.
$82,000.00 for the Summer Youth Employment Program to
provide training and hands-on experience for
disadvantaged or handicapped youth from the inner city
with the goal of enhancing employment potential,
developing employment competencies, and earning
academic credit toward the high school diploma. This
continuing program will be one hundred percent
reimbursed by federal funds.
The following appropriation requests are for 1999-2000 school
year programs:
-~~., .'-rT.~-r--';~""r'l"""""'''t'~''''f."'!'; ~.,.~ ",.. In.""". _
446
$200,000.00 for the Title I Even Start Family Literacy Grant
to provide staff and funding for parental and preschool
workshops for family literacy efforts at the preschool and
adult education levels. This continuing program will be
one hundred percent reimbursed by federal funds.
$2,773,720.00 for the Title I Winter Program to provide
remedial reading, language arts and mathematics
instruction for students in targeted schools. This
continuing program will be one hundred percent
reimbursed by federal funds.
$162,006.00 for the Title VI Program to provide funds for
the implementation of innovative instructional programs
in the school district and to provide visiting teacher
services. This continuing program will be reimbursed by
federal funds in the amount of $111,217.00 and a local
match of $50,789.00.
$1,131,640.00 for the Governor's School Program to
provide instruction in science and math to high school
students. This continuing program will be supported by
state funds, tuition collected from participating school
districts, and local match.
$821,089.00 for the Magnet School Program to provide for
the operation of the Round Hill Montessori School. This
continuing program will be one hundred percent
reimbursed by federal funds.
$312,275.00 for the federal innovative program to
implement the International Baccalaureate Middle Years
Program and International Baccalaureate (IB) Preparatory
Program at Breckinridge Middle School. The purpose of
the grant is to facilitate whole school reform through
adoption of the IB Middle Years Program. This new
program will be one hundred percent reimbursed by
federal funds.
$1,453,020.00 for the Flow Through Program to provide aid
for the education and guidance of handicapped students.
This continuing program win be one hundred percent
reimbursed by federal funds.
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~ 447
t}'~;';
$65,238.00 for the Child Development Clinic Program to
provide funds for the salary and expenses of the
educational coordinator at the clinic. This continuing
program will be one hundred percent reimbursed by state
funds.
$61,167.00 for the Child Specialty Services Program to
provide funds for the salary and expenses of the
educational coordinator. This continuing program will be
one hundred percent reimbursed by state funds.
$163,346.00 for the Juvenile Detention Home Program to
provide funds for the salary and expenses of the three
educational coordinators. This continuing program will be
one hundred percent reimbursed by state funds.
$136,407.00 for the Preschool Incentive Program to
provide orientation and evaluation for handicapped
students who will be entering the public school system for
the first time during the fall. Instructional equipment
purchases will include classroom equipment and outdoor
play structures. This continuing program will be one
hundred percent reimbursed by federal funds.
$21,870.00 for the Special Education Interpreter Training
Program to provide funds for the development of training
curriculum for the hearing impaired program. This
continuing program will be one hundred percent
reimbursed by federal funds.
$160,560.00 for the Adult Basic Education Program to
provide funds for the education of adults who have not
completed high school. This continuing program will be
reimbursed by federal funds in the amount of $137,860.00
and a local match of $22,700.00.
$129,111.00 for the Apprenticeship Program to provide on-
the-job and classroom vocational instruction for students
in the apprenticeship program. This continuing program
will be funded by state funds and fees paid by
participants.
-~~ '. '.""T""'T"'--r-"'~'."""""'--'''1''Io''''''',,"I" ~ ...n It.. ,............ _
448
$364,658.00 for the Perkins Act Program to provide funds
forvocational equipment. This continuing program will be
one hundred percent reimbursed by federal funds.
$35,000.00 for the Regional Education Specia-list Program
to provide ancillary and support services for the Adult
Literacy and Basic Education Program in the planning
district which includes the Cities of Roanoke, Salem,
Covington, and Clifton Forge and the Counties of
Roanoke, Craig, Botetourt, and Allegheny. This continuing
program will be one hundred percent reimbursed by state
funds.
$23,452.00 for the Adult Education in the Jail Program to
provide funds to be used for instruction to inmates in the
Roanoke City Jail to aid in their acquisition of the GED
certificate. This continuing program will be reimbursed by
federal funds in the amount of$21, 107-and jail funds in the
amount of $2,345.00.
$150,098.00 for the Regional Adult Literacy (TAP) Program
to provide funds for the administration of adult literacy
programs in Allegheny County, Roanoke County, and the
Cities of Covington, Clifton Forge, and Salem. This
continuing program will be subcontracted through Total
Action Against Poverty (TAP), and federal funds will pass
through the Roanoke City Schools.
$8,612.00 for the GED Testing Program to provide
instructors for GED preparation classes and for the
administration of the GEO examinations. This continuing
program will be funded with student fees.
$5,383.00 for the Opportunity Knocks (GED) Program to
provide instruction for ~he General Educational
Development (GED) Examination for young adults. The
program operates under an Agreement of Understanding
with the Fifth District Employment and Training
Consortium (FDETC) to address GEO preparation needs of
FOETC participant youths. This continuing program will
be funded with fees charged to participants.
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449
$26,913.00 for the Workplace Education Program to
provide instructional programs developed with area
business establishments for employees at the work sites.
Programs include the development of knowledge and
skills in areas including preparation for the GED
examination, reading' comprehension, telephone usage,
other work skills and English as a Second Language. This
continuing program will be funded through the
assessment of fees.
$35,222.00 for the Regional Adult Basic Education
Program to provide funds for the administration of adult
literacy programs in Botetourt County and Craig County.
Roanoke City serves as the regional coordinating agency
for Adult Basic Education. Funds will pass through the
school district to the jurisdictions indicated above for
adult literacy programs. This new program will be one
hundred percent reimbursed by federal funds.
$41,174.00 for the Jobs for Virginia Graduates Program to
follow the curriculum of the Jobs for America's Graduates
Program. The program will serve at least 25 economically
disadvantaged students, provide classroom training and
work experience to assist the students to prepare for high
school graduation or to sit for the General Education
Development (GEO) examination. Assistance will be
provided to the students to find employment in a job
which will allow for transition from school to work. This
continuing program will be reimbursed by federal funds in
the amount of $20,000.00 and a local match of $22,174.00.
$68,436.00 for the Homeless Assistance Program to
provide instructional services to homeless students. This
continuing program will be reimbursed by federal funds in
the amount of $37,000.00 and a local match of $31 ,436.00.
$1,301,992.00 for the Alternative Education Program to
provide alternative curriculum and training for high risk
students at the Taylor Learning Academy, with a focus on
improving the total self-concept of the student. This
continuing program will be reimbursed by state funds in
the amount of $71,114.00 and a local match of
$1,230,878.00.
450
ACTION:
$262,755.00 for the Drug Free Schools Program to provide
funding for two student assistance counselors at the
secondary level to work with substance abuse issues.
This continuing program will be one hundred percent
reimbursed by federal funds.
$146,360.00 for the Roanoke Adolescent Health
Partnership to provide for medical services to the
Roanoke City Schools in conjunction with the City of
Roanoke Health Department and Carilion Health Systems.
This continuing program will be reimbursed by donations
from Carilion Health Services.
$77,069.00 forthe Grants Management Program to provide
funding for the personnel and operation expenses of the
Director of Grants. This continuing program will be one
hundred percent reimbursed by federal funds.
$256,296.00 for the Project YES (Youth Experiencing
Success) Program to identify, assess, evaluate and
provide assistance for at-risk sixth and ninth grade
students who are potential dropouts. This continuing
program will be one hundred percent reimbursed by state
funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34334-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 3.)
Mr. Trout moved the adoption of Ordinance No. 34334-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
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A,Mj.li ""'''1
.,~
451
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chai rman Pro Tern Wh ite-------------------------------------------------------------5.
NA"S: N()I1E!-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the followil1g emergency budget ordinance:
(#34335-062199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 5.)
Mr. Trout moved the adoption of Ordinance No. 34335-062199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C hai rman Pro Tern Wh ite-------------------------------------------------------------5.
NAYS: N()l1e-----------------------------------------------------------____________().
(Mayor Bowers and Vice-Mayor Harris were absent).
SCHOOLS: A communication from the Roanoke City School
Board requesting approval of State Literary fund loan applications for
the following schools and amounts, was before Council.
Garden City Elementary School - $2,750,000.00 -
improvements will include central air conditioning,
window replacement, the addition of nine classrooms to
replace nine modular classrooms, and expansion of the
library-media center. An elevator will be installed to serve
both the old building and the new classroom section.
Grandin Court Elementary School - $1,900,000.00 -
improvements will include central air conditioning,
window replacement, the addition of six classrooms to
replace three modular classrooms and to add three new
classrooms, and expansion of the library-media center.
452
ACTION:
ACTION:
Preston Park Primary School - $1,900,000.00 -
improvements will include central air conditioning,
window replacement, the addition of six classrooms to
replace six modular classrooms, and expansion of the
library-media center.
Debtserviceforthesc projects will commence in fiscalyear2001-
02 and will be paid by the School Board.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34336-062199) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Garden City Elementary School.
(For full text of Resolution, see Resolution Book No. 62, page 19.)
Mr. Trout moved the adoption of Resolution No. 34336-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Memb"ers Hudson, Swain, Trout and Chairman
f>>r() lrelll White----------------------------------------------------------------------------4.
NAY S: Non e---- -------------------------------------------------------------------0.
(Council Member Wyatt was out of the Council Chamber and
Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34337 -062199) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Garden City Elementary and declaring
the City's intent to borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 62, page 20.)
Mr. Trout moved the adoption of Resolution No. 34337-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
ACTION:
"M ..I.IW.""Ldol "'i.t'U~...._it""l.I,) .,1 Hi l~llJ.~ ,bj"h.!HJi. J.~ 1l.1& .Jil.LIW.. ....... ..... .....-1
.,--.",-; .' ' ,
453
AYES: Council Members Hudson, Swain, Trout and Chairman
f)r() lrEtrn '"'l1itEt----------------------------------------------------------------------------4.
NA)(S: ~()nEt-----------------------------------------------------------------------().
(Council Member Wyatt was out of the Council Chamber and
Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34338-062199) A RESOLUTIO~ authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Grandin Court Elementary School.
(For full text of Resolution, see Resolution Book No. 62, page 21.)
Mr. Trout moved the adoption of Resolution No. 34338-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout and Chairman
f)r() lrEtrn '"'l1itEt----------------------------------------------------------------------------4.
NA)(S: N()nEt-------------------------------------------------------------__________().
(Council Member Wyatt was out of the Council Chamber and
Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34339-062199) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Grandin Court Elementary and declaring
the City's intent to borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 62, page 22.)
Mr. Trout moved the adoption of Resolution No. 34339-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
454
ACTION:
ACTION:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite -------------------------------------------------------------5.
NAY S: Non e-------- - --- --- n_____________________________________________________-0.
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34340-062199) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Preston Park Primary School.
(For full text of Resolution, see Resolution Book No. 62, page 23.)
Mr. Trout moved the adoption of Resolution No. 34340-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tern Wh ite-------------------------------------------------------------5.
NAY S: Non e -- __n --- --- -----------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34341-062199) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Preston Park Primary School and
declaring the City's intent to borrow to fund or reimburse such
expenditures.
(For full text of Resolution, see Resolution Book No. 62, page 24.)
Mr. Trout moved the adoption of Resolution No. 34341-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
, _ jj,,\.,W<I U'_~:"'.~~~~_~~~~~'<,'._':":,_'~.:,.l~_~Il ,.JUUId
· .J.....~t
455
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chai rman Pro Tern Wh ite-------------------------------------------------------------5.
NA"S: N()l1e-----------------------------------------------------------------------Cl.
(Mayor Bowers and Vice-Mayor Harris were absent).
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY GOVERNMENT~ The Acting City Manager presented a
briefing with regard to Year 2000 (Y2K) and the status of Roanoke City
Government's efforts to address any problems that may result. He
stated that the report is for informational purposes only, and no action
is required by City Council.
It was advised that Y2K is an abbreviation for the Year 2000; the
roots of the Y2K problem go back several decades to the infancy of
computer technology; when computer software applications were first
being developed, computers were huge, room-sized affairs with very
little memory in which to execute computer programs and store data,
and consequently, computer programmers had to develop software that
was quick., efficient and used very little data storage space; one of the
techniques used by computer programmers to conserve data storage
space was the use of only the last two digits of the calendar year;
computer software programs processed each two-digit date by
assuming it occurred in the twentieth century (19xx), not allowing for
the possibility that the two digit date "00" might actually be the year
"2000"; and the use of the two-digit year continued as standard practice
because the cost of computer memory remained high until recent
years. It was further advised that many types of equipment and
systems common to local government operations that have not been
purchased recently can be affected by the Y2K "bug", and
consequently, at midnight on January 1, 2000, computer systems or
operational equipment with embedded chips could assume it is
January 1, 1900, or fail altogether if Y2K problems have not been
corrected; Roanoke City Government has been aware of its Y2K
computer problem for a number of years, and began a concerted effort
in 1995 to begin implementing fixes to central service computer
systems; a project team was formed to assess the Y2K impact on city
456
computer systems and to develop plans to fix the problems and the
team produced a report of its findings and recommendations in
September 1996; all major systems purchased or developed in the past
few years are Year 2000 compliant, a number of older systems are
being scheduled for replacement, and remaining systems developed by
City staff are being reprogrammed by City staff; and from a combination
of these approaches, City computer systems are expected to be Year
2000 compliant well before December 1999, and testing for such
compliance will begin in July 1999.
......,.-
The Acting City Manager stated that concurrent with the efforts
of computer system staff, a consultant was hired during 1998 to assist
City departments in reviewing operational equipment and systems to
determine the existence of Y2K problems; in December 1998, the City
Manager appointed a Year 2000 Oversight Committee with
representation from all major business units, information technology,
legal, and senior management; the role of the committee to date has
been active involvement in monitoring and assisting where needed in
all phase~ of the City's Y2K effort; in January 1999, the first of several
"state of Y2K readiness" surveys was conducted with City
departments, and 94% of departments responded that they were
"confident" or "very confident" that their departmental services would
continue as usual on January 1, 2000; and due diligence continues to
be exercised by City departments to mitigate known Y2K problems,
which work will continue throughout 1999 to minimize the possibility
that any serious service delivery problems will occur on January 1,
2000.
It was advised that City government is doing everything possible
to insure that critical services, including public utilities (water and
sewer) and public safety services (fire-emergency medical services and
police), will continue to be provided to citizens as usual on January 1,
2000; based on the possible scenario that a short-term electric power
outage might occur, City departments are preparing contingency plans,
which are being coordinated by the Manager of Emergency Services,
to operate critical services until power can be restored; the City's
Manager of Emergency Services is actively coordinating with other
critical providers of community services, such as drug stores,
hospitals, supermarkets, banks and other public utilities, to determine
their Y2K readiness and encourage their Y2K remediation efforts; the
next major task to be undertaken by the Year 2000 Oversight Committee
is a community information campaign to inform the community of the
City's state of readiness reg;:lrding Y2K, and advise citizens how to
..--....
'. ~".. 1IW.,,1.d.. ':1I;...Ilt...t~~,~~)).~""cllBdlj., ~~.IUl ......J,ll,.I..IilL
:<~"':'t~'4'-_ " ,:~.,~~_~_l~~~A.:t_:,<d'",
. " ......,
457
prepare should some unforeseen problem arise; this campaign will take
place during the summer months and use various media, including
mass mailings, distribution of information at public buildings, CityPage
and CityWeb; as the year progresses, additional contingency planning
will take place, especially within public safety departments; and
standby staffing plans are being considered in order to insure the
availability of adequate numbers of employees to address emergency
situations that might occur.
(For full text, see report on file in the City Clerk's Office.)
The Chairman Pro Tem advised, without objection by Council,
that the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BLUE RIDGE COMMUNITY SERVICES: The City Manager
submitted a written report advising that the By-Laws of Blue Ridge
Community Services of Roanoke Valley have been revised by the Board
of Directors for that agency at their meeting on December 3, 1998.
It was advised that the change in By-Laws is subject to approval
of the participating governing bodies, as required by regulations
promulgated under Title 37.1, Chapter 10 of the Code of Virginia; Blue
Ridge Community Services of Roanoke Valley Board is requesting the
City Council to ratify the following changes to their By-Laws:
Article II, Section I - add "to serve as an operating
Community Service Board providing."
Article II, Section III - add "emergency services."
Article III, Membershi,p - delete "approved" and add "jointly
appointed" and "one third of the appointments to the
Board shall be identified consumers or family members of
consumers, at least one of whom shall be a consumer
receiving services. The Board shall inform the member
governments of the number of Board members in each of
the above categories prior to each appointment cycle."
Article III - Membership, Paragraph 2, change "two" to
"three" regarding terms of services.
458
ACTION:
Article IV - Powers and Duties, Section 4, delete
"programs of" and replace with "performance contract."
Article IV - Pcwe;rs and Duties, Section 9, delete
"deposited in a special account designated by the political
subdivision serving as fiscal agent as specified by
agreement of" and add "included in the performance
contract submitted to."
Article IV, Section 13, add "by an independent auditor
approved by the City of Salem, serving as fiscal agency by
agreement of the participating governments."
Article XV - delete "two weeks" and replace with "five
days. "
The City Manager recommended that Council ratify the changes
recommended by the Board of Directors of Blue Ridge Community
Services of Roanoke Valley as required by regulations promulgated
under Title 37.1, Chapter 10, of the Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34342-062199) A RESOLUTION ratifying amendments to the By-
Laws to Blue Ridge Community Services to reflect the current
standards set by the State Department of Mental Health, Mental
Retardation and Substance Abuse Services.
(For full text of Resolution, see Resolution Book No. 62, page 25.)
Mr. Trout moved the adoption of Resolution No. 34342-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout and Chairman
Pr() lrEtI1l '"'l1itEt---------------------~------------------------------------------------------4.
NA Y S: Co unci I Me m be r Wyatt ----------------------------------------------1 .
(Mayor Bowers and Vice-Mayor Harris were absent).
~.. M..~I~* ~,.I,~.~'~,*~".j!~**,\1 :~~i'11~j~t ~II .~Yid.
-lIIIi .. .......'1.
459
BUDGET-FIRE DEPARTMENT: The City Manager submitted a
written report advising that in April 1998, members of the Fire/EMS
Department recommended that a Firefighter Memorial be considered;
and a Firefighter Memorial Committee was established to proceed with
the development of an appropriate memorial to the members of the
Fire/EMS Department, who in the line of duty, have made the ultimate
sacrifice.
It was advised that the Firefighter Memorial Committee called
upon three well known and talented sculptors and requested that each
provide a proposal of the concept for the memorial; the Firefighter
Memorial will be a one and one quarter Life size bronze monument; the
review resulted in the selection of Ms. Betty Branch, a local artist with
an extensive portfolio of similar high quality projects, to provide the
sculpture to accomplish this task; site location for the memorial will be
at the Transportation Museum at the end of the planned Railside Linear
Park; and this project has been evaluated by Supply Management and
has been determined to be a sole source acquisition as defined in
Section 23.1-6(a) of the Code of the City of Roanoke, Virginia.
The City Manager recommended that Council authorize the
acquisition of a Firefighter Memorial Sculpture as follows:
Authorize an agreement, approved as to form by the City
Attorney, with Ms. Betty Branch in the amount of
$60,000.00 for the development and installation of the
sculpture.
Authorize $23,500.00 for concrete and electrical work to be
done just prior to the sculpture's installation.
Appropriate $83,500.00 from the General Fund Contingency
Account No. 001-002-9410-2199 to a Capital Account designated
by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Ms. Betty Branch presented a model of the Firefighter Memorial,
which depicts a firefighter in mourning. She explained that the
sculpture is a simple image of a firefighter, with garments and a hat that
make it a timeless piece of art.
460
ACTION:
ACTION:
Mr. Swain offerep the following emergency budget ordinance:
(#34343-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 26.)
Mr. Swain moved the adoption of Ordinance No. 34343-062199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n Pro T em Wh i te -------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34344-062199) A RESOLUTION authorizing the execution of a
contract with Betty Branch, for the development and installation of the
firefighter memorial sculpture.
(For full text of Resolution, see Resolution Book No. 62, page 27.)
Mr. Trout moved the adoption of Resolution No. 34344-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chai rman Pro T em Wh i te -------------------------------------------------------------5.
NAYS: ~one-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
BUDGET-ENTERPRISE ZONE: The City Manager submitted a
written re;Jort advising that the City of Roanoke, First Union and the
Fifth District Employment and Training Consortium (FDETC) agreed that
ACTION:
~ M "'" .1d"~~,jL':;.~' ~"r,. Jo. r' ~,..I~~,~:J ~~J6.:~ Ilia ..JU..IoIId
- . .......1
461
if First Union would maintain 420 jobs in Enterprise Zone One, training
funds would be available; and the agreement stated that First Union
would have to pay a penalty of $400.00 per job for reducing the number
of jobs within Enterprise Zone One below 420.
It was advised thata Compliance review noted that only 405 First
Union employees are now in Enterprise Zone One; and the City of
Roanoke has received a check from First Union in the amount of
$6,000.00.
The City Manager recommended that Council appropriate the
funds returned by First Union in the amountof$6,000.00 to Account No.
008-052-9629-9004 (RCIT/Addition Property).
(For full tnxt, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34345-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 28.)
Mr. Trout moved the adoption of Ordinance No. 34345-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n P ro Tern Wh ite -------------------------------------------------------------5.
NAYS: N()ne-------------------------------------------------------________________().
(Mayor Bowers and Vice-Mayor Harris were absent).
BUDGET-YOUTH: The Acting City Manager submitted a written
report advising that the Comprehensive Services Act (CSA) for At-Risk
Youth and Families established, effective July 1, 1993, is a pool of state
funds to be expended for public or private nonresidential or residential
services for the targeted population of at-risk youth and their families;
in order for local governments to qualify for CSA funding for fiscal year
1998-99, localities must demonstrate they have incorporated utilization
management/utilization review for placements utilizing CSA funding; on
462
October 22, 1998, the City of Roanoke entered into a contract with
Managed Health Services of Virginia to provide: utilization
management; utilization management training for agency staff;
integrated service and partnership development; and development of
an information management system; and the CSA State Funds Pool
base allocation for Roanoke City for client specific expenditures for
July 1,1998 - June 30,1999 is:
State Funds: $3,790,442.00
Required Local Cash Match: $1.680.977.00 or
Fiscal year 1998-99 Base Allocation: $5,471,419.00
69.28%
30.72%
100.00%
It was advised that in anticipation of receiving a Supplemental
Allocation of $2,430,340.00 for fiscal year 1998-99 client specific net
expenditures, the current fiscal year 1998-99 City CSA budget is:
State Funds: $5,639,030.00
Required Local Cash Match: $2.262.728.00
Fiscal year 1998-99 City CSA Budget: $7,901,758.00
The cost of mandated client specific services for the targeted at-risk
youth and their families is projected to total $9,286,256.00; projected
expenditures exceed the City CSA budget by $1,384,498.00; the City is
required to provide a local cash match of $590,010.00 with the State
providing $794,488.00; non-client specific, one time only costs
associated with utilization managementlreviewtotal $48,858.00 and are
funded 100% with local funds; total additional funds needed for CSA
fiscal year 1998-99 are $1,433,356.00, with a local share cost of
$638,868.00; and the State share of funding to be requested in a
supplemental allocation is $794,488.00.
The Acting City Manager recommended that Council authorize
the Director of Finance to increase the revenue estimate for CSA in the
amount of $794,488.00; transfer funds in the amount of $214,529.00
from Jail Recovered Cost, $339,339.00 from School share for
educationally mandated placements, and appropriate $85,000.00 from
the fiscal year 1998-99 Capital Maintenance and Equipment
Replacement Program already approved, but not appropriated; and
appropriate funding to the following accounts:
001-054-5410-3180 Foster Care - Covered by IV-E
001-054-5410-3181 Foster Care - All Others
Therapeutic and Residential
001-054-5410-3184 Foster Care Prevention -
Residential
$ 491,000.00
273,000.00
25,000.00
ACTION:
i_...*...........<1d1011.,,j.,~~'''!.~,M~,hL.Ijj.~,MII..I& ~......-....
- ~ ......,
463
001-054...5410-3185 Special Education - Residential
001-054-5410-3186 Foster Care Prevention -
Non Residential
001-054-5410-3187 Special Education -
Private Day Facilities
001-054-5410-3191 Foster Care Not in #3183
001-054-5410-2010 Fees for Professional Services
001-054-5410-2030 Administrative Supplies
001-054-5410-2035 Expendable Equipment ($1,000.00)
001-054-5410-2044 Training and Development
001-054-5410-2160 Postage
001-054-5410-3075 Other Rental
$ 10,000.00
76,000.00
50,000.00
459,498.00
32,477.00
1,854.00
5,040.00
2,948.00
25.00
6.514.00
$1,433,356.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34346-062199) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 29.)
Mr. Trout moved the adoption of Ordinance No. 34346-062199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n Pro T em Wh i te -------------------------------------------------------------5.
NAYS: N()nEl---------------------------------------------------------______________().
(Mayor Bowers and Vice-Mayor Harris were abs'ent).
WATER RESOURCES: The Acting City Manager submitted a
written report advising that on September 18,1997, the City entered into
a contract with Danis Environmental Industries, Inc., for the upgrade
and expansion of the Water Pollution Control Plant to 62,000,000
gallons treatment capacity per day; the contract amount is
$16,690,000.00 with a specified time of 730 consecutive calendar days;
six change orders have been issued to date; and additional items have
been identified as part of the required work on this project and need to
be approved for payment.
464
ACTION:
It was advised that the total amount of Change Order No.7 is
$71,028.00; Malcolm Pirnie, Inc., and Mattern and Craig, Inc., have
reviewed these changes and have recommended them to the City for
payment.
The Acting City Manager recommended that he be authorized to
issue Change Order No. 7 to the contract with Danis Environmental
Industries, Inc., for the upgrade and expansion of the Water Pollution
Control Plant Project in the amount of $71 ,028.00 and no change in the
contract time of completion; the total contract amount would then be
$17,083,540.00 with the completion date remaining November 12,1999;
and the proportional share to each jurisdiction would be as follows:
City of Roanoke
County of Roanoke
City of Salem
Botetourt County
Town of Vinton
37.3%
29.2%
20.9%
7.0%
5.6%
$26,493.44
20,740.18
14,844.85
4,971.96
3.977.57
$71,028.00
Total of Change Order No.7
100.0%
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34347-062199) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 7 to the City's contract with Danis
Environmental Industries, Inc., for the upgrade and expansion of the
Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, s.ee Ordinance Book No. 62, page 31.)
Mr. Trout moved the adoption of Ordinance No. 34347-062199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite-------------------------------------------------------------5.
NAYS: Non e ------------ -------- ---------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
". ....."Iil.l.. Lj""f,.w~"Lh,-",-",_"-.I~A."..J..j" I,IIL~II..I& ,..........,
- 4"*"'J....~1
~
465
F; c;~
BUDGET GRANTS: The Acting City Manager submitted a written
report advising that Council authorized filing a CDBG application
through the submission ofthe Annual Update to the Consolidated Plan
to the Department of Housing and Urban Development (HUD) for fiscal
year 1999-2000 on May 11, 1999, by Resolution No. 34281-051199; HUD
approval of the City's fiscal year 1999-2000 CDBG application is
forthcoming; and the letter of approval is pending the routine release
process.
It was explained that grant approval is for $2,108,000.00, the
amount of the entitlement provided to the City by HUD for fiscal year
1999-2000; appropriation request includes $647,728.00 in expected
COBG 1999-2000 program income received from parking receipts, Hotel
Roanoke 108 loan repayment, Housing Authority rehabilitation loan
repayments, miscellaneous loan repayments and repayments from the
Home Ownership Assistance programs; and the total appropriation
request is $2,755,728.00, as follows:
CDBG Entitlement $2,108,000.00
Estimated 1999-2000 Program Income 647.728.00
Total Appropriation
$2,755,728.00
Additionally, $585,000.00 needs to be transferred from program
accounts in the prior year of COBG entitlement that have not been
expended.
The Acting City Manager recommended that Council adopt a
resolution accepting the fiscal year 1999-2000 CDBG funds, when the
letter of approval is received from HUO, and authorize the Acting City
Manager to execute the requisite Grant Agreement, Funding Approval,
and any other forms required by HUO on behalf of the City in order to
accept such funds, said Agreement and forms to be approved as to
form by the City Attorney; appropriate $2,755,728.00 to revenue and
expenditure accounts in the Grant Fund to be established by the
Director of Finance ($2,108,000.00 in COBG entitlement and $647,728.00
in projected 1999-2000 program income) as detailed; and transfer
$585,000.00 between program accounts in the prior years of CDBG
entitlements as detailed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
466
ACTION:
ACTION:
(#34348-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 32.)
Mr. Trout moved the adoption of Ordinance No. 34348-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite-------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34349-062199) A RESOLUTION accepting the Fiscal Year 1999-
2000 funds for the Community Development Block Grant Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD).
(For full text of Resolution, see Resolution Book No. 62, page 39.)
Mr. Trout moved the adoption of Resolution No. 34349-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite -------------------------------------------------------------5.
NAYS: Non e --- ----------- ---------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
BUDGET-YOUTH: The Acting City Manager submitted a written
report advising that each year, the City submits a Consolidated Plan
Annual Update (Annual Update) to the U. S. Department of Housing and
Urban Development (HUD) in orderto receive Community Development
Block Grant (CDBG) entitlement; the Annual Update describes the
, ..l~"""~ J ~"-,,~~...--i.1't J',"I}C"~,Itb'I~t.,L/ol.~ ilIA J,........ j ...
l ......1
467
individual programs and projects to be conducted with the funds
awarded to the City; Council authorized approval of the fiscal year
1998-99 Annual Update to the Consolidated Plan by Resolution No.
33873-051198 and appropriated funds by Ordinance No. 33874-061598;
the Southeast Community Center project was approved to receive
$120,000.00, during fiscal year 1998-99, to allow for a collaborative
community effort to provide a community center in the southeast
portion ofthe City of Roanoke; the anticipated lead agencies were to be
the Presbyterian Community Center and the Boys and Girls Club;
discussion between the Presbyterian Community Center and the Boys
and Girls Club and Roanoke City staff has been ongoing to determine
the best use of COBG funds; and no contract has been entered into, to
date, for the use of the $120,000.00 in CDBG funds originally allocated
to the Southeast Community Center.
It was advised that the Office of Grants Compliance staff has
recommended and received the approval of City administration to
follow through with the recommendation of dividing the $120,000.00
between the Presbyterian Community Center and the Boys and Girls
Club of Roanoke Valley, Inc., to allow two community centers; Boys and
Girls Club of Roanoke Valley, Inc., is ready to enter into an Agreement
for the use of $60,000.00; it is anticipated that this money will leverage
approximately $380,000.00 in private funds; this project includes the
renovations to the property located at 1714 Ninth Street, S. E., which
will be used as a youth center for the Boys and Girls Club of Roanoke
Valley, Inc.; Presbyterian Community Center is currently working on
final details with the property owner regarding leasing additional space
for the Presbyterian Community Center; a separate report will be made
to Council for the remaining $60,000.00 to be used by the Presbyterian
Community Center; and an amendment is needed to the Annual Update
as a result of dividing $120,000.00 of CDBG funds currently allocated
for one community center to be equally given to the Boys and Girls
Club of Roanoke Valley, Inc., and the Presbyterian Community Center.
The Acting City Manager recommended that he be authorized to
amend the 1998-99 Annual Update to allocate $60,000.00 in CDBG funds
to the Boys and Girls Club of Roanoke Valley, Inc., for renovations of
the property located at 1714 Ninth Street, S. E., including submission
of appropriate documents to HUO following the public review and
comments period, provided no compelling adverse public comments
are received; that he or the Acting Assistant City Manager be authorized
to execute, and the City Clerk to attest, a CDBG Agreement with Boys
and Girls Club of Roanoke Valley, Inc. and amendments thereto, if
468
ACTION:
necessary, approved by the Acting City . Attorney; any such
amendments shall be within the limits of the funds appropriated by
Council and the purposes set forth in the Agreement for the project;
and authorize the Department of Finance to transfer $60,000.00 from
Account No. 035-099-9937-5149 to a new account to be established
titled "Boys and Girls Club of Roanoke Valley."
(For full text, see report on file in the City Clerk's Office.)
Mayor Bowers submitted a communication advising of his
support for the proposed $60,000.00 appropriation recommended by
the administration from COSG funds for capital improvements at the
Boys and Girls Club on 9th Street, S. E., on the bluff overlooking the
Roanoke River; this initiative appears to have excellentsupportfrom its
national organization, local management expertise, representatives
from the business community and civic club support; there is always
a great need to continue to provide mentoring, after-school and
recreational programs for the youth of Roanoke; and Council's support
of this CDBG appropriation will demonstrate sincere appreciation for
this initiative and a warm welcome by Roanoke to the Boys and Girls
Club.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34350-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 39.)
Mr. Hudson moved the adoption of Ordinance No. 34350-062199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairma n Pro T em Wh ite -------------------------------------------------------------5.
NAYS: Non e --------------.---------------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
ACTION:
" ..~I M~ I ~"Hr~l l.l W tJld. ~"" L.I.. j ..."~t.'rl,.l""li: f,'f" lI..1I .l..MoiL..... I "- ....R.
~
469
Mr. Hudson offered the following resolution:
(#34351-062199) A RESOLUTION authorizing the Acting City
Manager or Acting Assistant City Manager to execute an administrative
agreement, and any necessary amendments thereto, with the Boys and
Girls Club of Roanoke Valley, Inc., for renovation of a building to be
used as a youth center for the implementation of a Community
Development Block Grant program.
(For full text of Resolution, see Resolution Book No. 62, page 40.)
Mr. Hudson moved the adoption of Resolution No. 34351-062199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n Pro T em Wh i te-------------------------------------------------------------5.
NA"S: N()ne-------------------------------------------------------------__________().
(Mayor Bowers and Vice-Mayor Harris were absent).
At 2:56 p.m., the Chairman Pro Tem declared the meeting in
recess.
At 3:05 p.m., the meeting reconvened in the Council Chamber,
with Chairman Pro Tem White presiding, and all Members of the
Council in attendance, with the exception of Mayor Bowers and Vice-
Mayor Harris.
BUDGET-GRANTS: The Acting City Manager submitted a written
report advising that Council authorized filing an Emergency Shelter
Grant (ESG) application through the submission of the Annual Update
to the Consolidated Plan to the U. S. Department of Housing and Urban
Developrrent (HUD) for fiscal year 1999-2000 on May 11, 1999 by
Resolution No. 34281-051199; HUO approval of the City's fiscal year
1999-2000 ESG application is forthcoming; and the letter of approval is
pending the routine release process.
It was advised that grant approval is for $75,000.00, the amount
entitled to the City from HUO for the fiscal year 1999-2000; total
appropriation request is $75;000.00; ESG funds for the City of Roanoke
have been restored after a three year absence, due to a formula change
470
ACTION:
calculated by HUD; and these funds, allocated under the Stewart B.
McKinney Homeless Assistance Act, must be used to provide
assistance to the homeless or those at risk of becoming homeless.
The Acting City Manager recommended that Council adopt a
resolution accepting the fiscal year 1999-2000 ESG funds when the
letter of approval is received from HUO, and authorize the Acting City
Manager to execute the requisite Grant Agreement, to be approved as
to form by the City Attorney, Funding Approval, and any other forms
required by HUO on behalf of the City in order to accept such funds;
and appropriate $75,000.00 to revenue and expenditure accounts in the
Grant fund to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34352-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 41.)
Mr. Trout moved the adoption of Ordinance No. 34352-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh item----u-----m----------------------_________________-----5.
NA"S: None-----------------------------------------------------------------------().
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34353-062199) A RESOLUTION accepting the Fiscal Year 1999-
2000 funds for the Emergency Shelter Grant Program Entitlement, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD).
(For full text of Resolution, see Resolution Book No. 62, page 42.)
ACTION:
~". 1..... ,ua.. '1., "'~J J t '~.J!r.jt~'^1Jj~:t!~t,,:~' 11..I&.l.&t..IIIUl 1 "- U .....t
, '-"li~~
471
d/
Mr. Trout moved the adoption of Resolution No. 34353-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C h a i rma n Pro T em Wh ite -------------------------------------------------------------5.
NATlI'S: N()lle-----------------------------------------------------------------------Cl.
(Mayor Bowers and Vice-Mayor Harris were absent).
BUDGET-GRANTS: The Acting City Manager submitted a written
report advising that HOME is a housing assistance program of the U. S.
Department of Housing and Urban Development (HUO); the City has
received a HOME entitlement grallt each year since fiscal year 1992 and
must reapply annually to HUO t() receive such funding; Council
authorized filing the 1999-20ClO HOME application through submission
of the Annual Update to the Consolidated Plan to HUO by Resolution
No. 34281-051199, adopted 011 May 11, 1999.
It was advised that approval of the City's 1999-2000 HOME
entitlement of $676,000.00 is forthcoming from HUD; the letter of
approval is undergoing the routine release process; a total of
$676,000.00 needs to be appropriated from the 1999-2000 HOME
entitlement grant; a total of $20,000.00 needs to be transferred from
HOME accounts from prior years to projects included in the 1999-2000
HOME Prugram; the new $676,000.00 HOME grant requires $71,825.00
in matching funds; matchillg funds will come from cash and in-kind
contributions from non-federal sources; and no outlays of City funds
will be needed to meet the match requirement.
The Acting City Mallager recommended that Council adopt a
resolution acceptillg the 1999-2000 HOME funds, contingent upon
receipt ofthe approvalletter'from HUO, and authorizing the Acting City
Manager to execute the required Grallt Agreement (to be approved as
to form by the City Attorney), FUllding Approval, and any other forms
required by HUO 011 behalf of the City in order to accept such funds;
appropriating $676,000.00 to revenue and expenditure accounts in the
Grant Fund to be established by the Director of Finance; and
transferring $20,000.00 in HOME accounts from prior years to projects
included in the 1999-2000 HOME program.
(For full text, see report on file ill the City Clerk's Office.)
472
ACTION:
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34354-062199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 43.)
Mr. Trout moved the adoption of Ordinance No. 34354-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tem White-------------------------------------------------------------5.
NAYS: Non e -------------~---------------------------..:-~---------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Trout offered the following resolution:
(#34355-062199) A RESOLUTION accepting the Fiscal Year 1999-
2000 funds for the HOME Investment Partnerships Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD),
(For full text of Resolution, see Resolution Book No. 62, page 45.)
Mr. Trout moved the adoption of Resolution No. 34355-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tern Wh ite-------------------------------------------------------------5.
NAYS: Non e - ---------.-.. ----- -----------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
ACTION:
. - ....J.",ll/j.. '.,... ~lli,l I ~.t.~~,~L_J~-,!~_JJ1,j".Ii J._~ 1I..I&.i...iIA..IIIIl1. . "'iH
"
473
~
CITY ATTORNEY:
VIRGINIA MUNICIPAL LEAGUE: The Acting City Attorney
submitted a written report advising that at the June 7, 1999 Council
meeting, Council concurred in the Acting City Manager's
recommendation that the City officially express its desire to host an
annual meeting of the Virginia Municipal League in one or more years
between 2003 and 2007; the Acting City Manager also recommended
that the Mayor and the City Manager, or their designees, be authorized
to make an appropriate presentation on this subject at the 1999 Annual
Meeting to the VML in Williamsburg, Virginia; and he has prepared a
resolution to express Council's official invitation to the VML.
Mr. Hudson offered the following resolution:
(#34356-062199) A RESOLUTION expressing the desire of this
Council that the City of Roanoke be the site for Annual Meetings of the
Virginia Municipal League in one or more of the years between 2003
and 2007.
(For full text of Resolution, see Resolution Book No. 62, page 45.)
Mr. Hudson moved the adoption of Resolution No. 34356-062199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
C ha i rma n Pro T em Wh ite -------------------------------------------------------------5.
NAYS: None-----------------------------------------------------------____________().
(Mayor Bowers and Vice-Mayor Harris were absent).
DIRECTOR OF FINANCE:
BUiJGET -PUBLIC WORKS: The Director of Finance submitted a
written report advising that Capital projects of all types have been
approved by Council for construction over the past years; these
projects have included construction in major categories for buildings,
parks, streets, bridges, sanitary sewers, water projects, storm drains
and technology related projects; funding is established for each project
when Council approves the project based on the bids for the various
project costs, as well as extra funding for possible contingencies; and
474
completed project~; have contingency funds remaining after final bills
are paid, because projects are completed within the established
budgets.
It was advised that a number of projects have been completed
and can be closed out; remaining funds need to be transferred from the
completed projects to capital projects still under construction or to
capital improvement reserve accounts for other future construction; the
budget ordinance will transfer $9,685.00 in remaining funding in
completed projects to the capital improvement reserve to be available
for future appropriations; the ordinance will also transfer bond
proceeds funding of $700,000.00 to the 1994 Buildings and Structures
Bond account for future appropriations; and through the adoption of
the Capital Improvement Program for fiscal years 1999-2003, Council
has designated this funding to be used for the City Police building
renovations.
It was further advised that the ordinance will also transfer bond
proceeds funding of $14,171.00 to the 1996 Streets and Sidewalks Bond
account for future appropriations; the ordinance will also transfer
remaining funding of $423,781.00 to other related projects still under
construction; the Tinker Creek Interceptor Sewer project has been
completed and funds of $332,309.00 have been transferred to the
Roanoke River Sewer Interceptor Construction project; both projects
relate to the regional Sewage Treatment Plant expansion; and various
City Information System projects have been closed and $91,472.00 has
been transferred to the Wide Area Network project.
The Director of Finance recommended that Council transfer
funds from completed capital projects into appropriate accounts as
included on the accompanying budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34357-062199) AN ORDINANCE to amend and reordain certain
sections ofthe 1998-99 Sewage Treatment Fund, Capital Projects Fund
and City Information Systems Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 47.)
ACTION:
. ~ oI&W..~WIol 'JiI:!Ij;~' ,.. ~,lt.,!,1.1~_".~.'~:-J:~~i,;..1'1 ol~ IUI ..i....liU1IIa&.. - ....,
.,
475
Mr. Trout moved the adoption of Ordinance No. 34357-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chai rman Pro Tern Wh ite-------------------------------------------------------------5.
NAYS: N()I1Et-----------------------------------------------------------------------Cl.
(Mayor Bowers and Vice-Mayor Harris were absent).
REPORTS OF COMMITTEES:
BUDGET-ROANOKE CIVIC CENTER: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, il1 connection with bids received by the City
for roof replacement and asbestos abatement for the Roanoke Civic
Center, and recommended that Council approve the following actions:
Authorize the Acting City Manager to enter into a contract
with John T. Morgal1 Sheet Metal Company, Inc., of
Roanoke, Virginia, for the Roanoke Civic Center Roof
Replacement/Asbestos Abatement project, in the amount
of $555,000.00 al1d 300 cOl1secutive calendar days in
accordance with the contract documents as prepared by
HDH Associates, P. C.
Transfer the followil1g from the 1997 General Obligation
Bond Issue to Capital Accoul1t No. 008-052-9565-9001:
Contract Amoul1t
Project Contingency
$555,000.00
35.000.00
$590,000.00
Total
Funding for the RPR in the amount of $21,600.00 is in
Account No. 008-052-9565-9001; and reject the other bids
received.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports 011 file il1 the City Clerk's Office.)
476
ACTION:
ACTION:
Mr. Swain offe-red the following emergency budget ordinance:
(#34358-062199) AN ORDINANCE to amend and reordain certain
sections of the 1938-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 50.)
Mr. Swain moved the adoption of Ordinance No. 34358-062199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro T em Wh ite-.---------------m-----------------------------------------5.
NAYS: Non e - -- - ----------- ---------- -- --------------------------------------------0.
(Mayor Bowers and \lice-Mayor Harris were absent).
Mr. Swain offered the following emergency ordinance:
(#34359-062199) AN ORDINANCE accepting the bid of John T.
Morgan Sheet Metal Company, Incorporated, for the Roanoke Civic
Center Roof ReplacemenUAsbestos Abatement Project, upon certain
terms and conditions, and rtwarding a contracttherefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 51.)
Mr. Swain moved the adoption of Ordinance No. 34359-062199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, -Trout and
Chairman Pro T em Wh ite-m--------------m----------------------------------------5.
NAYS: Non e ------------------ ------. ---- ------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
ACTION:
"J,lol.,IMlIo ",' u1<::~1:_.J~(,),;J4l,,,.J~ltl~....~:~11 ,~,.~,llj. ~Ll ~~
. . ....
- .. .....t,
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477
BUDGET-CULTURAL SERVICES COMMITTEE: Michael Brennan,
Chairperson, Cultural Services Committee, presented a written report
on behalf of the Committee, with regard to funding recommendations
of the Cultural Services Committee for fiscal year 1999-2000.
It was advised that the Cultural Services Committee was
originally established by Council, pursuant to Ordinance No. 33382-
051297; funding requests were received from 18 agencies totaling
$369,440.00 for fiscal year 1999-2000; and agencies were notified of
tentative allocation recommendations and advised they could appeal
the committee's tentative recommendations.
It was further advised that the budget for fiscal year 1999-2000,
approved by Council for the Cultural Services Committee, provides
funding available for allocation in the amount of $267,172.00; and the
attached schedule shows recommended funding for allocation to the
various agencies.
The Cultural Services Committee recommended that Council
concur with the funding of agencies in the amounts recommended as
indicated on the attached schedule by transfer offunding from Cultural
Services Committee Account No. 001-054-5221-3700 to line items to be
established by the Director of Finance; and that Council authorize the
Director of Human Development to approve payment of funds to
agencies after objectives, activities, and/or other reasonable requests
of the monitoring staff and compliance with items reviewed by
Municipal Auditing are submitted and accepted.
(For full text, see report on file in the City Clerk's Office.)
~
Mr. Hudson offered the following emergency budget ordinance:
(#34360-062199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 52.)
Mr. Hudson moved the adoption of Ordinance No. 34360-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
478
ACTION:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tern Wh ite -------------------------------------------------------------5.
NAYS: Non e - -.. ------- --.----- ------------ -----------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
Mr. Hudson offered the following resolution:
(#34361-062199) A. RESOLUTION concurring in the
recommendations of the Cultural Services Committee for allocation of
City funds to various nonprofit agencies for Fiscal Year 1999-2000.
(For full text of Resolution, see Resolution Book No. 62, page 54.)
Mr. Hudson moved the adoption of Resolution No. 34361-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tern Wh ite--n---------------------------------------------------------5.
NAYS: Non e --------- ---------- ----------------------------------------------------0.
(Mayor Bowers and Vice-Mayor Harris were absent).
UNFINISHED BUSINESS:
REFUSE COLLECTION-PUBLIC WORKS-FEE COMPENDIUM: The
Acting City Manager having submitted a written report to Council on
June 7,1999, recommending repeal of Chapter 14, Garbage and Refuse,
and enactment of Chapter 14.1, Solid Waste Management, of the Code
ofthe City of Roanoke (1979), as amended, to update and regulate solid
waste collection and amending the City's Fee Compendium to establish
fees in connection with the City's Solid Waste Management Program,
the matter was again before the body.
It was advised that at its meeting on Monday, June 7, 1999,
Council received a report on the above subject; there were two
individuals who made comments concerning the proposed new
ordinance and Council tabled the matter until its regular meeting on
June 21, 1999; City administration is working to meet with those who
appeared before Council and the organizations they represent, but such
ACTION:
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,>".", - .:1,," _'~'" _ ''''0 '. r..~ \;<, _ . - ':!, _
. ... '. . .
j ...._,
......
479
!4-~
cannot be accomplished by June 21,1999; therefore, the administration
will again bring this matter before Council as soon as they are able to
attemptto accommodate all those who have concerns and suggestions
for changes in the proposed ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council grant the Acting City Manager
additionai time to meet with those individuals and organizations who
expressed concerns and suggestions for changes in the proposed
ordinance to amend Chapter 14 of the City Code relating to the
programs and policies of Solid Waste Management. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout and Chairman
F'r() lrEtm '"'l1itEt----------------------------------------------------------------------------4.
NAYS: Council Member Wyatt---------~------------------------------------1.
(Mayor Bowers and Vice-Mayor Harris were absent).
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
PUBLIC WORKS: Council Member lrrout stated that William F.
Clark, Director of Public Works, had announced his retirement effective
June 30, 1999, and expressed appreciation for Mr. Clark's dedicated
service to the City.
PENSIONS: Council Member Swain referred to the central file
which has been established and maintained in the City Clerk's Office
detailing information regarding the 2-for-1 pension benefit for certain
City employees/officials. He advised that based upon comments
received from individuals who accessed the file, 100 per cent of those
who commented indicated tl1at future cost of living increases should
be frozen for those employees who retired under the 2-for-1 plan and
currently earn $50,000.00 or more per year. Accordingly, Mr. Swain
requested that the central 2-for-1 file be closed and kept on file in the
480
ACTION:
ACTION:
ACTION:
ACTION:
City Clerk's Office br review; and as a part of fiscal year 2000-2001
budget study, that Council consider excluding from any future pay
increase those employees wh(; retired under the 2-for-1 plan currently
earning $50,000.00 ur morc per year.
Without objection by Council, Chairman Pro Tern White advised
the matter would be ,eferred to 2000-2001 Budget Study.
REFUSE COLLECTION: Council Member Swain expressed
concern with regard to the continuing issue of junk cars in the City, and
requested that information be reiterated in the CityPage aboutthe City's
telephone number for citizens to report the location of junk cars.
Without objection by Council, Chairman Pro Tem White advised
that the matter wouid be reh~rred to the Acting City Manager.
DECEASED PERSONS: Council MemberWyattrequestedthatthe
Acting City Attorney prepa re the proper measUre memorializing the late
Henry Craighead, who was a community activist in the Roanoke Valley.
Without objection by Council, Chairman Pro Tern White advised
thatthe matter would be referred to the Acting City Attorney to prepare
the proper measure
At 3:37 p.m., the Chairman Pro Tem declared the meeting in
recess.
At 3:58 p.m., the meeting reconvened in the Council Chamber,
with Chairman Pro Tern White presiding, and all Members of the
Council in attendance, with the exception of Mayor Bowers and Vice-
Mayor Harris.
COUNCIL: WiLl respeGt to the Executive Session just concluded,
Mr. Swain moved th3t 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 \lvhich any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
ACTION:
~... .i/.iJ...li/ljJ jJ ~L ~.! .I. M-Jl-..~,I, -1..L.~.~ ,tj 1L1I._....w..~ j .. ~ .....t
."u'_~ '7"/)~~"l-"";V.T_~:~;l~~1~~~;..~ ~'_
,.i' 481
r
'f;.;: _!~'~"
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Chairman Pro Tem White-----m-----------------------------------------------------5.
NAYS: N()ne-----------------------------------------------------------------------Cl.
(Mayor Bowers and Vice-Mayor Harris were absent).
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-PLANNED PARENTHOOD: Mr. KermitE. Plummer,
1652 Garstland Drive, N. W.; and Mr. Merle Whitbeck, 1806 Angus Road,
N. W., expressed concern and opposition with regard to the intentions
of Planned Parenthood of the Blue Ridge to relocate their facility to
Peters Creek Road, N. W.
Without objection by Council, the Chairman Pro Tern advised that
the remarks'of Messrs. Plummer and Whitbeck would be received and
filed.
At 4:09 p.m., the Chairman Pro Tem declared the meeting in
recess until 7:00 p.m.
On Monday, June 21,1999, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Chairman Pro Tern
White presiding.
PRESENT: Council Members Linda F. Wyatt, Carroll E. Swain,
James O. Trout and Chairman Pro Tern William White, Sr.---------------4.
ABSENT: Vice-Mayor C. Nelson Harris, Council Member W. Alvin
Hudson, Jr. and Mayor David A. Bowers-----------------------------------------3.
OFFICERS PRESENT: James O. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting Assistant City Manager; William X Parsons,
Acting City Attorney; James D. Grisso, Director of Finance; and
Sandra H. Eakin, Deputy City Clerk.
The reconvened meeting was opened with a prayer by Council
Member William White, Sr., Chairman Pro Tem.
482
The Pledge ot An'-;"Ji:. ;'<i:.: to thE: Flag of the United States of
America was led by Boy Scout Troop #8, Raleigh Court United
Methodist Church.
PUBLIC HEARINGS:
BONDS/BOND ISSUES: Pursuant to Resolution No. 25523
adopted by the Council 011 Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, June 21,1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to the
proposed adoption by CO!J!1cil of a resolution authorizing the City to
contract a debt and issue general obligation public improvement bonds
of the City in the principal amount of $2.5 million, the proceeds of
which are to be granted by the City to the Roanoke Redevelopment and
Housing Authority for the purpose of assisting the Authority in paying
a portion of the costs of a redevelopment project in the City, including
the construction, reGonstructiol1 and rehabilitation of an existing
building located in such redevelopment project area to be used for the
proposed Roanoke Higher EdlH:ation Center, the matter was before the
body.
Legal adverti;;(Hnent of the public hearing was published in
The Roanoke Times on SundClY, June 6 and Sunday, June 13, 1999.
(See publisher's affidavit on fill~ in the City Clerk's Office.)
The Acting City Manage;', Director of Finance and Acting City
Attorney submitted ":j written report advising that in July 1997, Council
indicated its intention to provide $2.5 million for the purpose of
renovating and improving the building to be used as the Roanoke
Higher Education Cl:.:nter; Council authorized the City Clerk to advertise
for a public hearing to be held on June 21, 1999; the purpose of the
hearing is to receive public comment on the issuance of bonds under
the Public Finance Act of thl? Code of Vrrginia (Chapter 26, tt15.2-2600-
15.2-2663); bond counsel empioyed by the City has advised that he is
unable to conclude that the City has the authority to issue general
obligation bonds for the purpose of granting or donating monies
directly to the Authority; bond counsel has suggested other possible
alternatives for pro\' Idin~J th(; needed funding; the alternative deemed
most feasible involves using the services of the Roanoke
Redevelopment and Housiroq Authority (RRHA); and in this scenario,
,.. ".".,~~'~. JJ.UJ.~~._'j ~~~,,~-
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483
the City would issue general obligation bonds for the purpose of
donating money to the RRHA, including making loans or grants under
136-49.7 ofthe State Code for the purposes related to improvements on
lands situated within the boundaries of a redevelopment project.
It was further advised that representatives of RRHA have
confirmed that the area in question is within a redevelopment project
area; the executive director of RRHA also indicated his willingness to
recommend that RRHA enter into an agreement with the City and the
Authority whereby RRHA would receive the bond proceeds from the
City and then donate or grant those proceeds to the Authority to use for
the development ofthe Roanoke Higher Education Center Building; and
in lightofthe foregoing, the notice of public hearing has been modified
to conform to the requirement of involvement by RRHA.
(For full text, see report on file in the City Clerk's Office.)
SenatorJohn S. Edwards, Chairman, Board of Trustees, Roanoke
Higher Education Authority, presented an update on the status of the
Roanoke Higher Education Center building.
Mr. Trout offered the following resolution:
(#34362-062199) A RESOLUTION authorizing the issuance and
sale of two million five hundred thousand dollars ($2,500,000.00)
principal amount of City of Roanoke, Virginia, general obligation public
improvement bonds for the purpose of providing funds to be granted
to the Roanoke Redevelopment and Housing Authority for the purpose
of assisting such authority in paying a portion of the costs of a
redevelopment project in the City, including the construction,
reconstruction and rehabilitation of an existing building located in such
redevelopment project area to be used for the proposed Roanoke
Higher Education Center; fixing the form, denomination and certain
other details of such bonds; authorizing the preparation of a
preliminary official statement and an official statement and the
distribution thereof and the execution of a certificate relating to such
official statement; authorizing the execution and delivery of a
continuing disclosure certificate relating to such bonds; authorizing the
reimbursement of expenditures made in advance of the issuance of
such bonds; and otherwise providing with respect to the issuance, sale
and delivery of such bonds.
(For full text of Resolution, see Resolution Book No. 62, page 55.)
484
ACTION:
ACTION:
Mr. Trout mGv~d tih'1 adoption of Resolution No. 34362-062199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Mer1'1bers Wyatt, Swain, Trout and Chairman Pro
Tern Wh ite-----------.. -- - -. --- -- -- - - - --- .- - - ------ --- -----------------------------------------4.
NAYS: Non e --.. - -------------------------------------------------------------------0.
(Mayor Bowers, Vice-Mayor Harris and Council Member Hudson were
absent).
PURCHASE/S/\LE OF PROPERTY: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6,1981, the City Clerk
having advertised <1 public hearing for Monday, June 21, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
proposal of the City of Hoanoke to convey City owned property
identified as Official Tax No. 2111321, containing approximately 0.08
acre, located at the intersection of Loudon Avenue and Tenth Street,
N. W., to the Northwest Neighborhood Environmental Organization, Inc.,
the matter was before the body.
Legal advertisnment of the public hearing was published in The
Roanoke Times on Sunday. .June 13, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34363) AN ORDINANCE authorizing the fee simple conveyance
to Northwest Neighborhood Environmental Organization, Inc., of
surplus City-owned property, identified by Official Tax Map No.
2111321, ~ontaining D.08-acre, located at the intersection of Loudon
Avenue and Tenth Sh"eet.. N. W., upon certain terms and conditions.
(For full text of Ordinance, ~.we Ordin.Hlce Book No. 62, page 67.)
The motion ",tas seconded by Mr. Swain and adopted by the
following vote:
ACTION:
ACTION:
ACTION:
~ /OiJ"liliol j ~', ....lL, I ,~" l,..~ ........~-t:*I~~.. .._LIi. lI..lI ~1IIIiL j "- .........
t'
485
d
AYES: Council Members Wyatt, Swain, Trout and Chairman Pro
lrEtrn ,",l1it~----------------------------------------------------------------------------------4.
NA"S: None-----------------------------------------------------------------------Cl.
(Mayor Bowers, Vice-Mayor Harris and Council Member Hudson were
absent).
OTHER HEARING OF CITIZENS:
COMPLAINTS-PLANNED PARENTHOOD: Ms. Earlene Kinlaw, 727
Moran Avenue, Salem, Virginia, and Ms. Libby Hunter, 1917 Kay Street,
N. W., expressed concern and opposition with regard to the intentions
of Planned Parenthood of the Blue Ridge to relocate their facility to
Peters Creek Road, N. W. .'
Mr. David Nova, CEO, Planned Parenthood of the Blue Ridge,
advised that Planned Parenthood has filed all required plans and has
met all City regulations relating to construction of the organization's
new facility on Peters Creek Road, N. W.
Without objection by Council, the Chairman Pro Tern advised that
the remarks of Ms. Kinlaw, Ms. Hunter and Mr. Nova would be received
and filed.
It was the consensus of Council that the Acting City Manager and
the Acting City Attorney be requested to review all City Code
regulations and requirements, specifically those relating to land use
and zoning issues, to ensure that all legal requirements have been met
by Planned Parentl100d of the Blue Ridge. Mr. Swain also requested
information as to whether the City had a responsibility to notify the
residents in the area about Planned Parenthood's intentions to relocate
to their neighborhood.
.
PARKS AND RECREA lrION-SlrREET NAMES: Mr. Alvin Rhodes,
Sr., 917 Staunton Avenue, N. W., referred to the issue of renaming
Orange Avenue, N. W., in honor of the late Dr. Martin Luther King, Jr.,
and suggested that Council consider renaming Washington Park in
honor of the late Dr. King.
Without objection by Council, the Chairman Pro Tern advised that
the remarks of Mr. Rhodes would be received and filed.
486
DECEASED :::R:;.Of'!S: iv;rs. Vernice Law, 1509 Lafayette
Boulevard, N. W., c:: :)re: ;;).;,: ;~ppr,:]ciation to Council for adopting a
Resolution at its mcding 'Ji"l June'?, 1999, memorializing her husband,
the late Dr. Maynard H. Law.
ACTION:
Withoutobjecdon by COllncil, the Chairman Pro Tem advised that
the remarks of Mrs. Law would be received and filed.
There being no further businHss. the Chairman Pro Tern declared the meeting
adjourned at 7:30 p.m.
.L.~F)HOVED
ATTEST:
J~Io./~' ~~
Sandra H. Eakin )
Deputy City Clerk
w~w~g,
William White, Sr. I
Chairman Pro Tern
~ .. ~1J.1~1~ .I, n'" li.1 1~.JI' L..i.&Jtll....ll~t,,~,~.;k J.~ 1I.1I...l.iIl1IIIL I ... ....u'
487
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
July 6,1999
12:15 p.m.
The Council ofthe City of Roanoke met in regular session on Tuesday, July 6,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers----------------6.
ABSENT: Council Member Linda F. Wyatt------------------------------------------------1.
OFFICERS PRESENT: James O. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James O.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess.
At 12:20 p.m., the meeting reconvened in the Social Services Conference
Room, Room 306, Municipal North, with Mayor Bowers presiding, and all Members
of the Council in attendance, with the exception of Council Member Wyatt.
HOUSING/AUTHORITY: Following lunch, a joint meeting of the Roanoke City
Council and the City of Roanoke Redevelopment and Housing Authority was called
to order at 12:45 p.m., in the Social Services Conference Room, Room 306, Municipal
Building North, with Mayor David A. Bowers and Chairman Willis M. Anderson
presiding.
CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers-6.
CITY COUNCIL MEMBERS ABSENT: Linda F. Wyatt---------------------------------1.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
PRESENT: H. Victor Gilchrist, Joseph F. Lynn, Carolyn M. Bumbry, Christie L. Kelsey
and C h a i rpe rso n Wi llis M. And e rso n --------..--------------------------------------------------------5.
488
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
ABSENT: Ben J. Fink and James W. Burks, Jr.--------------------------------------------------2.
OTHERS PRESENT: Representing the City of Roanoke: James O. Ritchie, Sr.,
Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; Mary F.
Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser,
Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;
Robert K. Bengston, Acting Director, Public Works; George C. Snead, Jr., Director,
Public Safety; representing the Roanoke Redevelopment and Housing Authority:
John Baker, Executive Director; Evelyn Ringler, Administrative Assistant to the
Executive Director; Dave Baldwin, Director of Housing; Robert Michaux, Director of
Public Development; Fred A. Johnson, II, Director of Development; Dan Campbell,
Director of Rehabilitation; Roger Vest, Director of Construction; Kalina Cummings,
Project Coordinator; and Angela Penn, Information Officer.
The Mayorwelcomed Commissioners and staff ofthe Housing Authority to the
meeting which is held annually to discuss matters of mutual interest and concern.
Chairman Anderson advised that throughout the year, the Housing Authority
strives to keep Council fully informed on the progress of various programs and
projects. He stated that the year 1999 will mark the 50th Anniversary of the Roanoke
Redevelopment and Housing Authority and it is a fitting time to reaffirm their
commitment to the progress of the City and to a continuation of the partnership that
exists between the Housing Authority and its staff and the City Council and its staff.
He advised that the Board of Commissioners is pleased to have John Baker as its
Executive Director and commended him and the staff on their dedication to the
Housing Authority and to its programs.
Mr. Anderson referred to the Lincoln 2000 project and award of the HOPE VI
$15 million grant from the Department of Housing and Urban Development. He
advised that the mission of Lincoln 2000 is to eliminate the physical and social
isolation of the Lincoln Terrace community by combining significant physical
improvements with increased opportunities for education and job training, and, in
effect, the Lincoln Terrace community will be rebuilt. He explained that a
supplemental letter was sent to HUD, along with other required information in
connection with the project, and the next review by HUD will be completed within 45
- 60 days, and meetings have been held with City staff to coordinate financing. He
added that as an adjunct to the Lincoln 2000 project, plans are underway for
rehabilitation of the Washington Park neighborhood and a first loan has been
approved for a homeowner on Dupree Street which is the first step toward a goal of
rehabilitating 50 homes in the area. He noted that community supporters and
partners with whom the Housing Authority is working to make Lincoln 2000 and
---
-
....,..,.
~. L~~ljIJ l, J't'.J~~-'__~,fL~,j LltliL,LclcL-ilJ.ic,1 ~"~11 111111.. ~. ~ ....~i'
489
Washington Park a reality are: City of Roanoke, Blue Ridge Center for Independent
Living, Marsh Witt, First Virginia Bank, Total Action Against Poverty, Community
Oriented Policing Effort (C.O.P .E.), Roanoke City Schools, Northwest Neighborhood
Environmental Organization, Washington Park Alliance, First Baptist Church,
Historic Gainsboro, Hill Street Baptist Church, Roanoke Chapter of the N.A.A.C.P.,
Southern Christian Leadership Conference, Roanoke Department of Social Services
and Addison Aerospace Magnet School.
Mr. Anderson advised that in addition to the Lincoln 2000 project, the Housing
Authority is involved in a number of other projects; i.e.:
Redevelopment Proiects:
General Office Building South (Norfolk and Southern)
Conformed property to new market rate apartment housing and the project is
on schedule.
Revitalization of one entire block of Melrose Avenue - the Housing Authority
acquired, by purchase, all of the property on the north side of the street and
plans to erect ten new houses to encourage new future rehabilitation.
Bond re-financing for Hotel Roanoke - a first mortgage loan, and as a result
the Hotel Roanoke Management Company will pay less interest and the
balloon payment has been extended by several years; and temporary bond
financing for the Jefferson Center for the new auditorium has been arranged.
Community Partnerships:
Developed an employee resource center with the Department of Rehabilitative
Services.
Helped to install Boys and Girls Clubs in some communities.
Participated with Roanoke City Public Schools in the Even Start Program.
Continuing Programs:
Drug Elimination Grant
Site Based Management program
Line of Credit with Crestar Bank
490
Mr. Anderson advised thatthe Housing Authority received a 92.55 score on its
Public Housing Management Assessment Program which means that the Roanoke
Redevelopment and Housing Authority is one of the high performance authorities
in the United States.
An inquiry was made as to whether the Housing Authority has developed a
long range plan for market rate single family housing close to the downtown area;
whereupon, Mr. Anderson advised that all single family housing is administered as
assisted housing, although in terms of quality, most of the new homes are market
rate or close to market rate.
Mr. Baker explained that the Housing Authority has investigated market rate
housing which is defined as being in the range of$80,000.00 - $125,000.00 for single
family homes, and the Housing Authority is negotiating on two parcels of land that
could provide as many as 40 single family homes in that price range. He added that
the homes to be constructed on Melrose Avenue are in the $80,000.00 price range
and the Housing Authority would like to build a product that is compatible with the
neighborhood that will be long lasting and affordable to families who wish to live in
the area. He advised that the Housing Authority is interested in developing market
rate single family houses and as opportunities arise and financing is available they
will proceed accordingly.
Question was raised as to whether there are plans for housing improvements
from Orange Avenue to Ninth Street to 25th Street, N. W.; whereupon, Mr. Baker
advised that there are no specific plans for property in that area, the Housing
Authority owns some property from 10th Streetto 1-581 on Orange Avenue and from
Burrell Avenue to 10th Street which is a part of the Lincoln 2000IWashington Park
neighborhood revitalization effort, and property along Orange Avenue is important
to the Lincoln 2000IWashington Park effort but from 10th Street up, no current plans
exist. He added that within the existing framework of funds, the Housing Authority
can investigate the matter to determine what can be done in conjunction with City
staff.
Mr. Baker was requested to define the boundaries of the Washington Park
area revitalization; whereupon, he advised that the boundaries are generally 1-581
to the east and north and Orange Avenue and 10th Street.
On behalf of the Members of Council, the Mayor congratulated the Housing
Authority upon its 92 per cent approval rating by national standards by the U. S.
Department of Housing and Urban Development. He also congratulated the Housing
Authority on 50 years of service to the Roanoke community.
-
~." W,IJIJ j',,,q,...J.J.~..!,I,.,~,~_ll~lu,,, dLI~t~j~' ~Il 1.11& I .~. ~ oJ.. ....,.
491
At 1 :20 p.m., there being no further business, the Mayor declared the meeting
of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber, 215
Church Avenue, S. W., City of Roanoke, Virginia.
At 2:00 p.m., on Tuesday, July 6, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers----------------6.
ABSENT: Council Member Linda F. Wyatt------------------------------------------------1.
OFFICERS PRESENT: James O. Ritchie, Sr., Acting City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Kenneth
Patrick, Pastor, Huntington Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
STATE OF THE CITY REPORTS: The Mayor presented his 1999
State of the City Address.
Mr. Hudson moved that the following recommendations be
referred to the Acting City Manager and to 2000-01 budget study. The
motion was seconded by Mr. Trout and adopted.
1. Support and endorsement of a $1 million pledge to the building
of an estimated $10 million Imax Theater in downtown Roanoke;
2. Authorize the City Administration to research the impact and
explore the feasibility of increasing the water supply for the City
in certain ways as more fully described in the State of the City
report;
492
3. Developmentofa Public Safety Cadet Corps consisting of young
people in Roanoke's High Schools who will be trained as future
public safety officers, who, in the future, can serve in the
Sheriff's Office, the Police Department, Emergency Medical
Services, Fire Department, or 911 Communications system; and
4. Join President Clinton's new initiative on race, entitled "One
America" and request the City Administration to form a citizens'
committee to identify concretf~ policies to address critical race-
based problems and bring Roanoke into the nation-wide "One
America" Program".
(For full text, see State of the City Address on file in the City Clerk's
Office.)
PRESENTATIONS:
SISTER CITIES: David K. Lisk, Executive Director, Roanoke Sister
Cities, Inc., presented an overview with regard to a recent visit to St. Lo
France, one of Roanoke's Sister Cities, by a delegation from the
Roanoke Valley which was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
"--.-....
ACTION:
ACTION:
~ ~~J,"lJ~ """"'IJ.J."...w."l,;i,I'kl~,~ll~tt_,L"l"I'I~~'~1I. WE .-...... .J.....,
493
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs-----------------------------------------------------------------------------6.
NAYS: N 0 ne------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
A report of the Acting City Manager requesting that Council schedule
a public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive input on the
conveyance of real estate identified as Official Tax Nos. 2012705,
2012706 and 2012707, being property located at the corner of Gilmer
Avenue and Gainsboro Road, N. W., which is proposed to be sold for
economic development purposes, pursuant to Title 15.2 of the Code of
Virginia, 1950, as amended, which requires that no real property of the
City shall be disposed of until the governing body has held a public
hearing, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request and
schedule a public hearing for Monday, July 19, 1999, at 7:00 p.m. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCly()r B()vvers-----------------------------------------------------------------------------6.
NAYS: N()ne------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
TRAFFIC-COMMITTEES- TRANSPORT A TION SAFETY: A
communication from RClmey A. Bower tendering his resignation as a
member of the City of Roanoke Transportation Safety Commission,
effective July 1, 1999, was before Council.
494
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCllf()rE5()vver!S-----------------------------------------------------------------------------Ei.
NAYS: N()l1e------------------------------------------------------------------------().
(Council Member Wyatt was absent).
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-PLANNED PARENTHOOD: The Acting City
Attorney and the Acting City Manager submitted a joint written report
advising that at the meeting of June 21,1999, Council addressed the
matter of relocation of Planned Parenthood of the Blue Ridge, Inc., to
Peters Creek Road N. W., and requested that they determine whether
applicable legal requirements regarding the above-referenced
development have been met and also whether the City had a
responsibility to notify the residents in the area that Planned
Parenthood intended to relocate to the neighborhood.
The Acting City Attorney and the Acting City Manager further
advised that according to information which has been received, the
parcel of land on which Planned Parenthood plans to build was
acquired from FFW Developers, L. L. C.; for a number of years, the
property has been zoned C-2, General Commercial District, which
zoning is appropriate for medical clinics; consistent with legal
requirements, Planned Parenthood has received approval from the
agent for the City Planning Commission and the City Engineer of its
comprehensive plan of development; a land disturbing permit has been
issued by the City's Erosion and Sediment Control Administrator;
consistent with Article II of the City Code and ~1 07.1 of the BOCA
National Building Code (1996), it is anticipated that revised building
plans will be submitted for approval in the near future; and no street
closure, variance or special exception is needed for the project.
u, ..~ ~IJ..JJIJ ~j~'''~t..w'''''''''j.j''II!IL~J.~lhi!l~'h",t ;H,,1;JjIUl .lJIl1IIIL ._ j _..~,
495
The Acting City Manager and the Acting City Attorney pointed out
that they know of no legal authority for the City to become involved in
any aspect of Planned Parenthood's project, other than through the
perfunctory issuance of permits upon the receipt of appropriate plans
and documents; City officials are responsible for insuring that the
project complies with all legal requirements and are bound to issue
permits if legal requirements are met; if the property were being
rezoned, notice to adjoining property owners would be required by law;
there is no legal requirementthatadjoining property owners be notified
of the proposed construction of a facility to be located on land which
is properly zoned for such use; those uses of property which are
permitted by right are routinely processed and approved without public
notification; though not required by law, the City does notify adjacent
land owners and neighborhood organizations of public hearings on
land use and development matters when special permits, zoning
changes, or Planning Commission approval are required; and in
addition, all plans which are submitted for review are a matter of public
record and are available for public inspection.
It was explained that in light of some of the statements made at
the last Council meeting, the minutes of Council for July 20, 1998,
August 3,1998, and October 7,1998 were researched; at each of these
meetings, the proposed development of the property by Habitat for
Humanity ofthe Roanoke Valley, Inc., was discussed, and there was no
commitment by Council to notify neighborhood residents of proposed
uses of either the property which Habitat owned or of other properties
in the area; however, neighbors were kept apprised of the City's plans
with regard to the property which the City purchased from Habitat; and
it is the intent of the City administration to maintain ongoing
communication with the neighborhood so as to inform the community
of issues that may affect residents.
(For full text, see report on file in the City Clerk's Office.)
Mr. Kermit E. Plummer, 1652 Garstland Drive, N. W., called
attention to concerns of residents as a result of the proposed
relocation of Planned Parenthood to the Westview community. He
stated that the land is properly zoned, however, zoning is not the issue,
rather, the issue is that property owners were not timely notified as was
promised in the minutes ofthe meeting of City Council held on Monday,
August 3, 1998. He stated that Westview Terrace property owners have
rights under the Constitution of the United States of America to live in
peace, happiness and the pursuit of liberty in their homes.
496
The Reverend Merle Whitback, 1806 Angus Road, N. W., advised
that he is a property owner, a taxpayer, and a voter in the City of
Roanoke; and Members of City Council are elected to office by the
citizens ofthe City of Roanoke and the City Council meeting is the only
forum by which citizens have an opportunity to express their concerns.
He stated that residents of the Westview Community have a point of
view that needs to be heard and understood. He spoke against
abortion and advised that the Planned Parenthood project violates the
conscience of the residents of the area. He asked that Council take the
necessary action to hold the project in abeyance for further review
before allowing Planned Parenthood to relocate to the northwestern
quadrant of the City with all of the inherent danger and violence that
other Planned Parenthood facilities have experienced across the United
States.
Ms. Irene Williams, 1657 Garstland Drive, N. W., inquired about
her constitutional rights as a citizen of the City of Roanoke to be able
to enjoy peace and tranquility in her home. She expressed concern
with regard to the violence that has occurred at other Planned
Parenthood facilities throughoutthe United States. She also expressed
concern about the kind of growth that is occurring in Roanoke and
noted that she would prefer a better educational system and more job
opportunities for Roanoke's young people so that they will return to the
Roanoke Valley to live and work after receiving their college education.
She advised that Planned Parenthood does not represent the kind of
growth that Roanoke needs.
Mr. Trout moved that the report of the Acting City Manager and
the Acting City Attorney be received and filed. The motion was
seconded by Mr. Swain and adopted.
PETITIONS AND COMMUNICATIONS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
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497
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The Acting
City Manager submitted a written report advising that the City of
Roanoke and Virginia Tech are participating entities in the Hotel
Roanoke Conference Center Commission; Council authorized
establishment of an Agency Fund entitled, "Hotel Roanoke Conference
Center Commission" on July 27, 1992; and Section 22 of the Hotel
Roanoke Conference Center Commission Act (Enabling Legislation)
supports the fact that participating parties may contribute funds to the
Commission to expend such revenues for their proper purposes; and
legislation further contemplates that contributions can be made in the
event that a deficit occurs in either the operating or capital budgets for
any approaching fiscal year.
It was further advised that the Hotel Roanoke Conference Center
Commission operating budget funds personal services, administrative
costs, working capital as needed in the operation of the Center and
provides for some funding of future capital needs at the facility; on
November 20,1997, the Hotel Roanoke Conference Center Commission
created the Owners Reserve Account in anticipation ofthe need by the
Commission to accumulate funding reserves to meet future capital
needs of the facility; funding to the Owners Reserve Account is made
from the Conference Center and the Commission budget based on
existing working capital at year end; the operating budget for the Hotel
Roanoke Conference Center Commission must be approved by Council
and the Virginia Tech Board of Visitors per Sections 21 Band 21 C ofthe
Hotel Roanoke Conference Center Commission Act; and operating
subsidies are to be equally divided between the City of Roanoke and
Virginia Tech.
It was explained that the fiscal year 1999-2000 operating budget
for the Hotel Roanoke Conference Center Commission anticipates
operating expenses in the amount of $350,000.00; in addition to
providing funds for personal services and administrative costs, the
budget reflects minimum anticipated funding to pay for continued
professional services and other needs which are a direct result of
pending litigation and building repair needs; certain costs are
anticipated to be recoverable to the Commission through pending law
suits; the Commission's Five-Year Capital Plan anticipates a deficit by
fiscal year 2003-04, and the plan anticipates expenses in the amount of
$944,890.00; and the Commission's Owners Reserve Account will have
$948,500.00 available to meet these capital expenses as of June 30,
1999.
498
ACTION:
ACTION:
The Acting City Manager recommended that Council approve the
Hotel Roanoke Conference Center Commission operating budget for
fiscal year 1999-2000; and appropriate $350,000.00 to the Conference
Center Agency Fund accounts as established by the Director of Finance
and establish revenue estimates of $175,000.00, each, for City of
Roanoke and Virginia Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34364-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center
Commission Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 68.)
Mr. White moved the adoption of Ordinance No. 34364-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. White offered the following resolution:
(#34365-070699) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal
Year 1999-2000.
(For full text of Resolution, see Resolution Book No. 62, page 69.)
Mr. White moved the adoption of Resolution No. 34365-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
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499
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: Non e------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
CONVENTION AND VISITORS BUREAU-TOURISM: The Acting
City Manager submitted a written report advising that Council adopted
an annual operating budget which included $637,940.00 to the Roanoke
Valley Convention and Visitors Bureau (RVCVB) for fiscal year 1999-
2000, and includes a one-time contribution of $96,500.00 for capital
needs; Council requests assistance from the RVCVB in marketing and
selling Roanoke and desires assurance that funds will be used for
these purposes; and the City Administration has negotiated an
agreement with the RVCVB to insure that the City's funds will be used
for these purposes.
It was further advised that the Roanoke Valley Convention and
Visitors Bureau will submit a budget setting forth anticipated
expenditures of City funds involved no later than July 30, 1999, for
approval by the City Manager.
The Acting City Manager recommended that Council authorize
four equal payments totaling $637,940.00 (which includes the one-time
contribution of $96,500.00 for capital needs) to the Roanoke Valley
Convention and Visitors Bureau, and authorize the Acting City Manager
to execute an agreement with the Roanoke Valley Convention and
Visitors Bureau for the express purpose of marketing the Roanoke
Valley as a regional destination for convention, conference, leisure and
business travel for a term of one year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
"A RESOLUTION authorizing an agreement with the Roanoke
Valley Convention and Visitors Bureau for the purpose of increasing
tourism in the Roanoke Valley."
Mr. Hudson moved the adoption of the resolution. The motion
was seconded by Mr. Harris.
500
Mr. White advised that he has had an ongoing concern regarding
the diversity of the workforce of the Roanoke Valley Convention and
Visitors Bureau, and inquired as to any actions taken over the past year
to provide for a more diversified workforce.
David L. Kjolhede, Executive Director, Roanoke Valley
Convention and Visitors Bureau, advised that there has been very little
staff turn over during his tenure as Executive Director. He stated that
the Convention and Visitors Bureau is committed to addressing
diversity issues and as staff turn over occurs, those issues will be
considered.
The resolution was lost by the following vote:
AYES: Council Members Harris, Hudson and Trout----------------3.
NAYS: Council Members White, Swain and Mayor Bowers------3.
(Council Member Wyatt was absent.)
(For additional discussion on this item, see page 524.)
GRANTS-FDETC: The Acting City Manager submitted a written
report advising that the City of Roanoke receives entitlement grants
each year under the Community Development Block Grant (CDBG) and
HOME Investment Partnerships (HOME) programs of the U. S.
Department of Housing and Urban Development (HUD); HUD approval
of the City's fiscal year 1999-2000 CDBG application is forthcoming
pending a routine Congressional release process; Section 2-124 of the
City Code authorizes the City Manager to execute any and all
documents and amendments thereto relating to any grant funds or
subgrants of funds to subrecipients which are the subject of
subsection (a) of this section, and the conditions therein, up to
$25,000.OQ; for more than ten years, FDETC has received HUD funding
from the City to conduct employment training and individualized job
placement services for low to moderate income job seekers; and the
FDETC has been successful in training low to moderate income job
seekers so that they may obtain employment.
It was further advised that as part of the City's 1999-2000 budget
process, the FDETC requested funds for operating costs related to
administering the program; and Council authorized $38,700.00 in CDBG
ACTION:
..~~..w..l.JUlj,j .'..,,,~i.UJ..L..J~~L-,*,tlL.ltlL~ILlllJlll.""" I ".".L~"
501
funds for the FDETC as part of the Consolidated Plan Annual Update
(Annual Update) approved for submission to HUD on May 11, 1999,
pursuant to Resolution No. 34281-051199.
The Acting City Manager recommended that he be authorized to
execute a CDBG agreement with the Fifth District Employment and
Training Consortium and amendments thereto, if necessary, to be
approved as to form by the City Attorney, with any such amendment to
be within the limits of funds appropriated by Council and for the
purposes set forth in the Agreement for the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
"
(#34367 -070699) A RESOLUTION authorizing the Acting City
Manager to execute an administrative agreement and any necessary
amendments thereto with the Fifth District Employment and Training
Consortium for implementation of various Community Development
Block Grant programs.
(For full text of Resolution, see Resolution Book No. 62, page 71.)
Mr. Trout moved the adoption of Resolution No. 34367-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, Whiteand
May 0 r Bowe rs-----------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
"
SEWERS AND STORM DRAINS: The Acting City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement is part of the renovation and expansion of joint use
sewer facilities considered by Council at its meeting on December 13,
1993; the Roanoke River Interceptor Sewer Replacement project
replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; Contracts C, D, & E replace the
502
existing Roanoke River Interceptor from Wasena Park at Winchester
Street to the Salem City limit; and these contracts represent a total of
20,245 feet (3.8 miles) of sewer replacement, which is 39.0 per cent of
the total project length of 51,870 feet (9.82 miles).
It was further advised that the project has progressed well to
date and is approximately 80 per cent complete with a scheduled
completion date of September 23, 1999; the proposed sewer alignment
through the Hannah Court Mobile Home Park required the relocation of
approximately 33 mobile homes to permit construction of the new
sewer main; environmental concerns at the proposed mobile home
relocation site have made the original sewer alignment and mobile
home relocation impossible; an estimated additional $400,000.00 was
budgeted to provide for the work; the proposed sewer alignment has
been revised and the sewer can be built without moving any mobile
homes; the new design will require substantial additional work for the
contractor which will include handling excavated material multiple
times due to limited work space, extra time will be needed to haul and
place concrete and pipe, and extra time will be needed for blasting due
to limitations imposed by the proximity of the mobile homes; the
contractor will also need to re-pave private streets damaged by the
construction; and proposed Change Order No.4 will provide for the
above listed items at a total cost of $654,974.32.
It was explained that construction cost of the project (Contracts
C, D, & E) is estimated as follows:
Initial Contract
Change Order No.1
Change Order No.2
Change Order No.3
Proposed Change Order No.4
$12,931,078.00
19,200.00
63,420.00
250,944.29
654.974.32
$13.919.616.61
Total
Total change orders to date, including proposed Change Order No.4,
are equivalent to 7.1 per cent of the initial agreement value.
The proposed change order cost is apportioned between participating
jurisdictions as follows:
City of Roanoke
City of Salem
36.7%
33.7%
$240,375.58
$220,726.34
ACTION:
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503
Roanoke County
29.6%
1 00.0%
$193.872.40
$654,974.32
The Acting City Manager recommended that he be authorized to
execute Change Order No.4, in a form to be approved by the City
Attorney, with Casper Colosimo & Son, Inc., in the amount of
$654,974.32 and 90 additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#34368-070699) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 4 to the City's contract with Casper
Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts C, 0 & E; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 72.)
Mr. Harris moved the adoption of Ordinance No. 34368-070699.
The motion was seconded by Mr. Hudson.
Mr. James Leonard, 1935 Hope Road, S. W., advised that on
November 16, 1998, this item was included on the agenda in the form
of a pubic hearing that the City of Roanoke convey a portion of certain
property to be acquired by the City for infrastructure improvements in
connection with construction of the Roanoke River Interceptor Sewer
Replacement Project. He stated that December 7,1998, Ordinance No.
34096-120798 was considered and adopted by Council on its second
reading, at which time he raised the following questions: (1) who will
the property be purchased from and who will the property be conveyed
to, (2) what is the purchase price of the property, (3) what is the scope
of the work, (4) what is the cost of the work, (5) who is the related entity
to whom or to which the property is to be resold, and (6) what is the
price at which the property is to be resold. He further stated that since
raising the above questions on December 7, he has learned that Sewer
Map No. 122 shows the necessary easements for the sewer line, and
the City already owns the easements, and the Roanoke River
Interceptor Sewer Project, Page C-19, Contract C, shows 46 mobile
homes in the 100 year flood plain; whereupon, he inquired ifthe report
currently under consideration by Council is intended to address a
problem which was discovered after removing a commercial building
and finding drums of toxic chemicals on the property.
504
Mr. Kiser advised that he met with Mr. Leonard to respond to his
questions. He explained that the issue pertains to the location of where
the Roanoke River approaches Hannah Court Trailer Park as part of an
unmandated project with the Department of Environmental Quality to
expand the Sewage Treatment Plant, and, in order to install server
interceptors, the City is causing the Roanoke River Interceptor to be
installed from the Sewage Treatment Plant to the City of Salem in
partnership with Roanoke County and the Town of Vinton. He further
explained that the pipeline is currently in place in an existing easement
and it was necessary to find a way to install a larger piece of pipe
through the trailer park, and the City's approach was to not cause
damage to the trailers, but to find a way to move the trailers, install the
pipeline and move the trailers back. He added that while it was not a
part of the construction contract, a $400,000.00 budget item was
included to design an expansion which included razing a commercial
building, installing new trailer pads, moving 18 trailers, installing the
pipeline, moving 18 additional trailers, installing the pipeline, etc., the
end result being 18 less trailers along the Roanoke River. He stated
that a development plan was prepared and when a contract to raze the
building was awarded, certain environmental issues were encountered;
resolving environmental issues is time consuming and ambiguous; the
City is under a mandated deadline to install the pipeline, therefor, so
the City requested that the contractor provide a recommendation,
however, the recommendation involved a considerable sum of money;
and through a series of negotiations, a change order is proposed that
provides, with an additional width of easements, for a new pipeline to
be installed along the existing pipeline behind the trailers, the bank will
be shored up, and it is the responsibility of the contractor to protect the
trailers. He explained that approximately $250,000.00 additional funds
will be spent than was anticipated in the budget; however, it is believed
to be the most effective way to complete the project.
Mr. Leonard stated that the current plan is not in question;
however, he questioned why it was necessary to purchase a trailer park
when the City already owned an easement around the trailer park, and
was there no better way to move the trailers than to buy the trailer park,
demolish a building and build trailer pads.
Mr. Kiser advised that the City had to take title to the trailer park
to provide for a combining of the lot lines in order to accomplish the
physical improvements so thatthe City would not be working on private
property .
,.~ ~Wi.JliIIJ .I.J""L'Il..w,.~d1.C!:~LI..J~!llI4_'l",JL1i~LJi."J..j 11.11 ilIlm I ..- ..i. .wlt+
505
Ordinance No. 34368-070699 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Ma y 0 r Bowe rs-----------------------------------------------------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-FLOOD REDUCTION/CONTROL-UTILITIES: The Acting
City Manager submitted a written report advising that over the past 20
years, the City of Roanoke has been more damaged by flooding than
any other community in the Commonwealth of Virginia; the Federal
Emergency Management Agency (FEMA) has begun several new
programs to provide financial assistance to communities in their efforts
to protect flood-prone properties; and in November, 1996, the City
became the first community in FEMA's Region III to receive a grant for
the purchase of flood-prone properties (Garden City Project).
It was further advised that on December 15, 1998, the City of
Roanoke joined FEMA's new program known as "Project Impact";
under this program, the City has committed to continue making efforts
to reduce the impacts of future disasters; one of the City's primary
disaster concerns has historically been flooding; in an effort to reduce
the impact of future flooding on citizens, two grant applications were
submitted and approved by FEMA for the purchase of 12 additional
properties throughout the City of Roanoke; on November 6, 1998,
Delegate Vic Thomas was contacted by Roanoke City, Roanoke County
and the City of Salem to request additional State assistance with the
matching funds portion of their respective Mitigation Grant Projects;
FEMA had initially obligated $557,610.00 (75% of total program) for
program costs and an additional $15,870.00 for administrative costs;
remaining funding (25% of total program) was to be the responsibility
of the City; and the Commonwealth of Virginia originally committed to
contribute $37,500.00 toward the City's 25% responsibility.
It was explained that on March 1, 1999, Council adopted
Ordinance No. 34199-030199 which included appropriation offunds for
Floodplain Mitigation Acquisition; funding established forthis program
included the following sources: [City - $150,000.00 (20%)] [State _
$37,500.00 (5%)] [Federal - $573,480.00 (75%)] for total project funding
of$760,980.00; the Commonwealth of Virginia, 1999 General Assembly
approved an additional $104,625.00 forthe matching portion of the 1998
506
ACTION:
Mitigation Grant Project and the 1998 Floodplain Mitigation Assistance
Project; revised funding increased the State's contribution for these
programs to 12.5% of the overall estimated program cost; and on
March 3, 1999, FEMA approved $65,212.00 for the 1998 Floodplain
Mitigation Assistance Grant project to purchase one of the City's more
flood prone homes, which project will be combined with the 11 homes
included in the 1998 Mitigation Grant Project.
The Acting City Manager recommended that Council appropriate
$104,625.00 from the Commonwealth of Virginia and $65,212.00 from
FEMA to project Account No. 008-056-9658, "1998 Regional Mitigation
Project. "
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34369-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 73.)
Mr. Harris moved the adoption of Ordinance No. 34369-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers------------------------------------------- ----------------------------------6.
NAYS: None------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
WATER RESOURCES-EQUIPMENT: The Acting City Manager
submitted a written report advising that bids are requested annually, on
a fiscal year basis, to provide and deliver estimated quantities of ductile
iron water pipe to the City; whereupon, the Acting City Manager
recommended that Council authorize the purchase of ductile iron water
pipe from Griffin Pipe Products Co., Inc., for a period of one year, on a
unit cost basis not anticipated to exceed $139,808.00, and reject all
other bids received by the City.
ACTION:
~ J.WwliUlol j j''J.,...w..~.,i'IL,~,_I..I~~..~ ,~" ...t.,,,,,J., J.~ lLll lJl11IIL I ". .....,
507
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34370-070699) A RESOLUTION accepting the bid of Griffin Pipe
Products Company, Inc., made to the City for furnishing and delivering
ductile iron water pipe; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 74.)
Mr. Trout moved the adoption of Resolution No. 34370-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)f()r EJ()'^'Etrs-----------------------------------------------------------------------------E).
NAYS: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
LEGISLATION-CITY JAIL-PROCUREMENT CODE: The Acting City
Manager submitted a written report advising that the State Board of
Corrections develops standards for the operation of Jail facilities
throughout the Commonwealth of Virginia; the Roanoke City Sheriff's
Department, in order to comply with the above standards, must provide
appropriate food and food related items necessary for preparation of
three meals per day to those persons incarcerated in the Roanoke City
Jail; and specifications were developed and bids were received.
The Acting City Manager recommended that Council authorize
the purchase of food and food related items for the Roanoke City Jail
for a period of one year, with the option to renew for four additional one
year periods, as follows:
I. J. Company for an estimated annual cost of $398,656.00.
Interstate Brands Corporation for an estimated annual
cost of $46,738.00.
U. S. Food Service, Inc., for an estimated annual cost of
$907.00.
508
ACTION:
Quality Coffee Company for an estimated annual cost of
$43,316.00.
H & C Coffee Company for an estimated annual cost of
$9,720.00.
PYA Monarch, Inc., for an estimated annual cost of
$37,875.00.
Reject all other bids received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34371-070699) A RESOLUTION accepting bids made to the City
for furnishing and delivering food and food related items for the
Roanoke City Jail for a period of one year with the option to renew for
four additional one-year periods, upon certain terms and conditions;
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 75.)
Mr. Hudson moved the adoption of Resolution No. 34371-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)r()rB()'^'Etrs-----------------------------------------------------------------------------E).
NA)(S: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
Council Member Hudson expressed concern with regard to the
Commonwealth of Virginia's bidding process and requested that the
matter be referred to the Legislative Committee and to the City Attorney
for review as to whether the State's bidding process can be made more
favorable to Virginia businesses/contractors, etc.
POLICE DEPARTftftENT-BUDGET-GRANTS: The Acting City
Manager submitted a written report advising that the Omnibus Fiscal
Year 1998 Appropriations Act, Public Law 1 05-119, provides funding for
" ~ MW~iJ/Iiol l. .", u..Jl..iJ.OII. i 1 ;.,J,lAJllJ ~1 k I ~",jt ~, .J-'-.1.llt k .iL~ llll..uu..u.i. I "~. .... ...1.....
509
implementation of the Local Law Enforcement Block Grant Program
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety;
Council authorized application for and acceptance ofthese grantfunds
on July 20, 1998, pursuant to Resolution No. 33941-072098; Federal
funds from the grant to the City of Roanoke were awarded by the U. S.
Department of Justice, which renewed funding to Roanoke for the third
year under the program; funds will be used for enhanced police bicycle
patrol; over 3,885 hours of police overtime, as well as police bicycles
and uniforms have been provided as a result of the grant funding;
overtime has been directed at specific neighborhoods in the form of
officers on bicycle patrol; and selection of locations for bicycle patrol
included input from a Grant Advisory Board of citizens and public
officials.
It was explained that Federal Grant Revenue of $141 ,964.00 has
been received with only $126,190.00 of this amount having been
appropriated; and police bicycle patrol hours could be expanded
through allocation of this funding.
The Acting City Manager recommended that Council appropriate
funds from the Local Law Enforcement Block Grant; and appropriate
$15,774.00 to the following Grant Fund Accounts:
Police Overtime
FICA
035-050-3313-1003
035-050-3313-1120
$ 14,663.00
1.111.00
$ 15,774.00
Increase the Grant Fund Revenue estimate in Account No. 035-035-
1234-7282 by $15,774.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34372-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 76.)
510
ACTION:
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34372-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
-
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)'()rEi()'^'Etr!t-----------------------------------------------------------------------------Ei.
NAYS: N()I1Et------------------------------------------------------------------------().
(Council Member Wyatt was absent.)
CITY ATTORNEY: None.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of May, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
-
BUDGET: The Director of Finance submitted a written report
advising that at the close of fiscal year 1999, budgeted funds were
obligated for outstanding encumbrances; purchase orders or contracts
were issued for the goods and services as of the close of fiscal year
1999, but delivery of the goods or performance of the services has not
been completed; and reappropriation offunds carries forward unspent
budget funds that were originally appropriated and are contractually
obligated for the goods and services, as follows:
General Fund Open Encumbrances
Water Fund Open Encumbrances
Sewage Fund Open Encumbrances
Civic Center Fund Open Encumbrances
Transportation Fund Open Encumbrances
Hotel Roanoke Conference Center Fund
Open Encumbrances
City Information Systems Fund
Open Encumbrances
Management Services Fund Open Encumbrances
$1,621,465.00
407,003.00
268,854.00
86,097.00
30,660.00
3,368.00
11,797.00
8,684.00
-
ACTION:
ACTION:
. ..IoW...1.lliI ~;""'I,"t..w..~j~I~!I..~.jl,,_j,".'~'I'If~"jl~II.II..uII&"'" I "- .... ~ll
511
Fleet Management Fund Open Encumbrances $1,422,818.00
Risk Management Fund Open Encumbrances 786.00
School Fund Open Encumbrances 1,614,397.00
The Director of Finance recommended that Council adopt
measures which will reappropriate the above listed funds to the current
year budget, in order that encumbrances may be properly liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34373-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 77.)
Mr. Harris moved the adoption of Ordinance No. 34373-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs -----------------------------------------------------------------------------6.
NA Y S: Non e------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following emergency budget ordinance:
(#34374-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 80.)
Mr. Hudson moved the adoption of Ordinance No. 34374-070699.
The moticn was seconded by Mr. Swain and adopted by the following
vote:
512
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)'()rE3()'^'Etr!5-----------------------------------------------------------------------------1).
NA)(S: N()I1Et-----------------------------------------------------------------------().
'-
(Council Member Wyatt was absent.)
Mr. Swain offered the following emergency budget ordinance:
(#34375-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 81.)
Mr. Swain moved the adoption of Ordinance No. 34375-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCl)'()rB()'^'Etr!5-----------------------------------------------------------------------------1).
NAYS: N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency budget ordinance:
(#34376-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 82.)
Mr. Trout moved the adoption of Ordinance No. 34376-070699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Ma)' 0 r Bowe rs-----------------------------------------------------------------------------6.
NA Y S: Non e-----------------------------------------------------------------------0.
I
--
ACTION:
ACTION:
" ~.~ ~W...Wiol lj""~~I...Jl,uJ. .1..11' .JIUIUL.~Jj.~lc'1-,L .,.L iL,II..II..lJII.l-.L I ". ~ ... _1M"
513
(Council Member Wyatt was absent.)
Mr. White offered the following emergency budget ordinance:
(#34377-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Transportation Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 83.)
Mr. White moved the adoption of Ordinance No. 34377-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs -----------------------------------------------------------------------------6.
NAYS: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency budget ordinance:
(#34378-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 84.)
Mr. Harris moved the adoption of Ordinance No. 34378-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Ma y 0 r Bowe rs-----------------------------------------------------------------------------6.
NA Y S: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following emergency budget ordinance:
514
ACTION:
ACTION:
(#34379-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 City Information Systems Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 85.)
Mr. Hudson moved the adoption of Ordinance No. 34379-070699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)f()rB()vvEtr!)-----------------------------------------------------------------------------1).
NAYS: N()I1Et-----------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
Mr. Swain offered the following emergency budget ordinance:
(#34380-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Management Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 86.)
Mr. Swain moved the adoption of Ordinance No. 34380-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)f()rB()vvEtrs-----------------------------------------------------------------------------1).
NAY S: None -----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency budget ordinance:
(#34381-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Fleet ftftanagement Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 87.)
ACTION:
ACTION:
ACTION:
. ~ loW....llUlil l, ~!lI-.~ J .1.,. Jlj~lL~,J~rt,,~_cJ,Jl' ~ j,Lj. Il.II. ........ I ". - '~ ."
515
Mr. Trout moved the adoption of Ordinance No. 34381-070699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May.o r Bowe rs-----------------------------------------------------------------------------6.
NA Y S: N 0 ne-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. White offered the following emergency budget ordinance:
(#34382-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Risk Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 88.)
Mr. White moved the adoption of Ordinance No. 34382-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCl)'()rEl()wEtr!5-----------------------------------------------------------------------------E).
~AYS: N()I1Et------------------------------------------------------------___________().
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency budget ordinance:
(#34383-070699) AN ORDINANCE to amenCt and reordain certain
sections of the 1999-2000 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 88.)
Mr. Harris moved the adoption of Ordinance No. 34383-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
516
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftnCl)'()rB()wEtr!S-----------------------------------------------------------------------------1).
NA)(S: N()I1Et-----------------------------------------------------------------------Cl.
(Council Member Wyatt was absent.)
REPORTS OF COMMITTEES:
CITY CODE-INDUSTRIES-WA TER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
an amendment to the City Code to provide for certain administrative
fines and to increase the amount of criminal fines for violations relating
to wastewater discharge user permits, to ensure compliance with the
City's Industrial Pretreatment Program.
A staff report advised that the Industrial Pretreatment Program
protects the Wastewater Treatment Plant and the Sewer System from
harmful wastewater discharges, which is achieved through discharge
permits issued to industries by the City of Roanoke; the Environmental
Protection Agency (EPA) approved the City's pretreatment program on
August 21,1984; the Department of Environmental Quality (DEQ) and
the EPA regulate the City's Pretreatment Program by VPDES permit
requirements; and amendments to the Pretreatment Program have been
approved periodically through the Sewer Use Ordinance.
It was further advised that the DEQ is now requesting that the
enforcement response section of the pretreatment program be
amended in regard to fines in order to provide for administrative fines
in addition to criminal fines; Article III, Chapter 26, ~26-66 of the City
Code allows fines of $1,000.00 per day per violation through criminal
court; it is now recommended that in order to provide for additional
enforcement authority as requested by DEQ, that fines be implemented
administratively by the enforcement response plan ofthe pretreatment
program as a step either prior to or in conjunction with seeking
prosecution by the Commonwealth's Attorney, and such administrative
fines would be enforced through the civil court system.
It was explained that the amount of a criminal fine that may be
assessed for a Class I misdemeanor has been increased from $1,000.00
to $2,500.00; accordingly, provisions of Article III, Chapter 26, ~26-66 of
the City Code that set forth criminal penalties should be increased to
ACTION:
. ~ /oW,!.JWi/, ~j ~l.'~.. . I~<j.~ j~f'~IW~,;,hLI.~lu j,L~ 1111 .Lln..... I ..... _ " J ~ ...... "
517
t.:< '
provide for a fine of not more than $2,500.00 to be consistent with the
State Code; several industries have had enforcement actions imposed;
and two industries are at the point where fines may be necessary to
achieve compliance.
The Water Resources Committee recommended that Council
authorize an amendment to Article III, Chapter 26, S26-66 of the Code of
the City of Roanoke, 1979, as amended, by adding a provision for Civil
Penalties for administrative fines of up to $2,500.00 per day per
violation, to be established by the Director of Utilities and Operations
for violation of the user's permit or any violation of Article III of Chapter
26 of the Roanoke City Code, or of any orders, rules or regulations
issued thereunder to ensure compliance with the user's wastewater
discharge permit; and further authorize an amendment to Article III,
Chapter 26, S26-66 of the City Code by increasing the amount of the
criminal fine for a Class 1 misdemeanor to provide for a criminal fine of
not more than $2,500.00 per violation per day and confinement in jail for
not more than 12 months, either or both.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34384-070699) AN ORDINANCE amending and reordaining
Article III, Sewer Use Standards, Chapter 26, Sewers and Sewage
Disposal, of the Code of the City of Roanoke (1979), as amended, by
amending and reordaining S26-66, Penalty for Violations, to increase
the amount of the criminal fine provided for therein from $1,000.00 to
$2,500.00; adding a new subsection (b) to S26-66 providing for the
assessment of administrative civil fines; redesignating current
subsections (b), (c), and (d); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 89.)
Mr. Trout moved the adoption of Ordinance No. 34384-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs -----------------------------------------------------------------------------6.
NAYS: Non e -----------------------------------------------------------------------0.
518
ACTION:
(Council Member Wyatt was absent.)
----.
SPECIAL PERMITS-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
authorization for a conditional permit to allow encroachment of a fence
and landscaping two feet into the public right-of-way in front of
property located at 2815 Edison Street, N. E.
A staff report advised that permission to maintain existing
fences, walls, decks, or various other structures that encroach into the
public right-of-way is a request that property owners make to the City
from time to time; the property owner at 2815 Edison Street, N. E. (Carl
and Merry Ford) has requested permission to retain a split rail fence
and landscaping in front of their home; the fence encroaches into the
right-of-way of Edison Street, N. E., approximately two feet; and the
property owner has requested a conditional permit to allow the fence
to remain in place.
The Water Resources Committee recommended that Council
authorize a conditional permit to the property owner at 2815 Edison
Street, N. E., to allow a two-foot encroachment into the public right-of-
way of Edison Street, N. E., in a form to be approved by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34385) AN ORDINANCE granting a conditional permit to allow
for the encroachment of a split rail fence and landscaping two feet into
the public right-of-way in front of the property located at 2815 Edison
Street, N. E., and bearing Official Tax No. 3100728, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 100.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
ACTION:
~.~~iJ,...U1Jl.1:!.t\-'..~, ~""j'fl.""j~I~"'ILltd:.1l1'lILj,LjUII..LJII.w I i.J...;1.... ~1.,
519
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs-----------------------------------------------------------------------------6.
NAY S: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
SPECIAL PERMITS-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
authorization for a revocable license to permit encroachment of a
decorative brick wall with landscaping approximately four feet into the
public right-of-way in front of property located at 2818 Avenham
Avenue, S. W.
A staff report advised that permission to construct fences, walls,
decks, orvarious other structures that encroach into the public right-of-
way is a request that property owners make to the City from time to
time; the property owners at2818 Avenham Avenue, S. W. (Mr. and Mrs.
Nicholas F. Taubman) have requested permission to construct a
decorative brick wall with landscaping in front of their home; the
proposed wall would encroach into the public right-of-way of Avenham
Avenue, S. W., approximately four feet; the right-of-way of Avenham
Avenue is 80 feet and standard right-of-way for City streets is 50 feet;
the property owners have requested a revocable license to allow the
wall to be constructed; and the wall would be consistent with a wall on
adjacent property.
The Water Resources Committee recommended that Council
authorize a revocable license to the property owners at 2818 Avenham
Avenue, S. W., to allow the construction of a wall encroaching
approximately four feet into the public right-of-way of Avenham Avenue,
S. W., in a form to be approved by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
520
(#34386) AN ORDINANCE granting a revocable license to permit
an encroachment of a decorative brick wall with landscaping
approximately four (4) feet into the public right-of-way in front of the
property located at 2818 Avenham Avenue, S. W., and bearing Official
Tax No. 1062403, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 102.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)f()rE3()\ftfer!t-----------------------------------------------------------------------------6.
NAYS: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
BUDGET-HUMAN DEVELOPMENT COMMITTEE: Glenn D.
Radcliffe, Chairperson, Human Services Committee, presented a written
report with regard to funding recommendations of the Human Services
Committee for fiscal year 1999-2000, advising that the Human Services
Committee budget, in the amount of $458,844.00, was established by
Council with the adoption of the General Fund budget for fiscal year
1999-2000 on May 11, 1999; and requests from 35 agencies, totaling
$634,345.00 were received.
It was further advised that performance audits are conducted for
each agency receiving funds through the Committee to evaluate the
effectiveness and efficiency of the funded program; the Human
Services Committee requests that $9,000.00 be designated in its budget
to address monitoring expenses; and that agencies be required to
submit a budget by objective and activities when applying for funds
through the Human Services Committee.
The Human Services Committee recommended that Council
concur in funding of agencies in amounts as set forth on Attachment
A to the report and authorize allocation of $22,000.00 to the
Southwestern Virginia Second Harvest Food Bank; the Food Bank was
funded, in the amount of $22,000.00, through the City's contract with
Total Action Against Poverty and this amountwas held in subsidies and
not allocated during the Committee process; authorize the Chairman of
the Human Services Committee and the Director of Human
ACTION:
L ~ ~lJlUljlill j, :""...w~IIJ~"~,l.lIl~~"~,,;,,.f,,t,,",~.l.j UII..lJll.Ei J J..i... d. j.... .u ."
';" ~f '
521
Development to not authorize payment of funds to any agency until
objectives, activities, and other reasonable requests of the monitoring
staff are submitted and accepted; transfer $458,844.00 from Human
Services Committee, Account No. 001-054-5220-3700, to new line items
to be established within the Human Services Committee budget by the
Director of Finance; and authorize the Acting City Manager, or his
designee, to negotiate a contract for $26,000.00 with The Salvation
Army for provision of services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34387 -070699) AN ORDINANCE to amend and reordain certain
sections ofthe 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 92.)
Mr. Trout moved the adoption of Ordinance No. 34387-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCI)'()rEl()'^'Etrs-----------------------------------------------~----------------------------Ei.
NAYS: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following resolution:
(#34388-070699) A RESOLUTION concurring in the
recommendations of the Human Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 1999-2000, and authorizing the City Manager, or his
designee, to negotiate a contract with The Salvation Army for provision
of services under the Homeless Housing Program and/or Abused
Women's Shelter.
(For full text of Resolution, see Resolution Book No. 62, page 94.)
522
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34388-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Meiy()rE3()'^'Etr!S-----------------------------------------------------------------------------Ei.
NAYS: N()I1E1-----------------------------------------------------------------------().
(Council Member Wyatt was absent).
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-NEIGHBORHOOD
ORGANIZATIONS: Ordinance No. 34363, authorizing the fee simple
conveyance to Northwest Neighborhood Environmental Organization,
Inc., of surplus City-owned property, identified by Official Tax No.
2111321, containing 0.08-acre, located at the intersection of Loudon
Avenue and Tenth Street, N. W., upon certain terms and conditions as
set forth in a report to Council dated June 7, 1999, from the Water
Resources Committee, having previously been before the Council for
its first reading on Monday, June 21, 1999, read and adopted on its first
reading and laid over, was again before the body, Mr. Harris offering the
following for its second reading and final adoption:
(#34363-070699 AN ORDINANCE authorizing the fee simple
conveyance to Northwest Neighborhood Environmental Organization,
Inc., of surplus City-owned property, identified by Official Tax Map No.
2111321, containing 0.08-acre, located at the intersection of Loudon
Avenue and Tenth Street, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 67.)
Mr. Harris moved the adoption of Ordinance No. 34363-070699.
The motion was seconded by Mr. Hudson eind adopted by the following
vote:
ACTION:
ACTION:
~... ,l,,1J.~IMhl jjJ~!"~ I j "II"'~'1. j~~.,j~''''1''~''dL~.llj 11,11. iI.IIII", I ...;.. i 1..L .......1.,
523
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowe rs -----------------------------------------------------------------------------6.
NAYS: N()I1Et--------------------------------------------------------------_________().
(Council Member Wyatt was absent.)
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Gaynelle Simpson Harris, mother of Vice-Mayor
C. Nelson Harris, who passed away on June 21, 1999:
(#34389-070699) A RESOLUTION memorializing the late Gaynelle
Simpson Harris.
(For full text of Resolution, see Resolution Book No. 62, page 95.)
Mr. Trout moved the adoption of Resolution No. 34389-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and
Ma y 0 r Bowe rs-----------------------------------------------------------------------------5.
NA Y S: Non e-----------------------------------------------------------------------0.
(Vice-Mayor Harris abstained from voting and Council Member Wyatt
was absent.)
DECEASED PERSONS: Mr. White offered the following resolution
memorializing the late Henry Craighead, a political activist who was
interested in political affairs of the Roanoke Valley, who passed away
on June 18,1999:
(#34390-070699) A RESOLUTION memorializing the late Henry
Howard Craighead.
(For full text of Resolution, see Resolution Book No. 62, page 96.)
Mr. White moved the adoption of Resolution No. 34390-070699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
524
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)'()rES()'^'Etrs-----------------------------------------------------------------------------Ei.
NAY!): N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
REGISTRAR-DECEASED PERSONS: Mr. Swain offered the
following resolution memorializing the late Louella Crutchfield-
Thaxton, Registrar for the City, who passed on June 28, 1999:
Mr. Swain offered the following resolution:
(#34391-070699) A RESOLUTION memorializing the late Louella
Crutchfield-Thaxton.
(For full text of Resolution, see Resolution Book No. 62, page 97.)
Mr. Swain moved the adoption of Resolution No. 34391-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
ftftCl)'()rES()'^'Etr!t-----------------------------------------------------------------------------6.
NAYS: N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CONVENTION AND VISITORS BUREAU-TOURISM: With regard
to a previous report of the Acting City Manager (see page 499)
recommending execution of an agreement with the Roanoke Valley
Convention and Visitors Bureau for the purpose of increasing tourism
in the Roanoke Valley, the resolution having been defeated on a 3 - 3
vote of the Council (Ms. Wyatt was absent), Mr. Swain moved that
Council reconsider the matter. The motion was seconded by Mr. Trout
and adopted, Mr. White voted no.
....... ,i"W..miol l. Ln' ....lL..l
i L iwrt1rJ..1 ~~.;JlL~".\~NWJU ~~ lLll 1JI1.u.i
~.,.- ~..J. .
~. .~ 1..i.. '1. "
525
Mr. Hudson offered the following resolution:
(#34366 - 070699)A RESOLUTION authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of
increasing tourism in the Roanoke Valley.
Mr. Hudson moved the adoption of Resolution No. 34366-070699.
The motion was seconded by Mr. Trout.
Mr. White advised that he could not support the resolution
because he has previously expressed concern with regard to the issue
of diversity in the workforce of the Roanoke Valley Convention and
Visitors Bureau. He stated that any time that the City of Roanoke
provides a large amount of funding for any non-profit agency, the
workforce of that agency should be diverse and affirmative means
should be taken over a period of time to insure a diversified workforce.
He advised that the only way he, as an individual Member of Council,
can express his concerns is through his vote on funding issues.
In the future, Vice-Mayor Harris requested that if there is strong
sentiment regarding the funding of any agency, Council should engage
in those types of discussions during the fiscal year budget process, in
order to take into consideration other alternatives and to provide the
agency with an opportunity to address concerns.
Mr. White explained that as a part offiscal year 1999-2000 budget
study, he requested that the City Manager determine if there is a more
efficient and cost effective way of delivering those services provided by
the Roanoke Valley Convention and Visitors Bureau, and the Acting
City Manager requested an additional year to study the matter and
report to Council.
There being no further discussion, Resolution No. 34366-070699
was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout and
Ma y 0 r Bowe rs -----------------------------------------------------------------------------5.
NAYS: Council Member White----------------------------------------------1.
(Council Member Wyatt was absent.)
526
ACTION:
ACTION:
COUNCIL: Mr. Harris offered the following resolution establishing
a meeting schedule for Council for the fiscal year beginning July 1,
1999, and ending June 30, 2000:
(#34392-070699) A RESOLUTION establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 1999, and
terminating June 30, 2000.
(For full text of Resolution, see Resolution Book No. 62, page 99.)
Mr. Harris moved the adoption of Resolution No. 34392-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
MCI)f()rB()vvE!rs-----------------------------------------------------------------------------1).
NAYS: N()I1Et-----------------------------------------------------------------------().
(Council Member Wyatt was absent.)
CITY NURSING HOME: Mr. Trout moved that Council
unanimously endorse the application of Pheasant Ridge Health
Investors, L. L. C., to add 62 nursing home beds to its existing 58 bed
nursing facility, Pheasant Ridge Nursing and Rehabilitation Center,
located in the City of Roanoke. The motion was seconded by Mr. Swain
and adopted.
At 4:55 p.m., the Mayor declared the meeting in recess.
At 5:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain 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 Informc:;tion 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 Mr. Hudson and adopted b)f the following vote:
ACTION:
,',," ...~ /iW...mil L 'a',1~..J. L~,,~lkJ~dJ.LlIILU ll.~lLll.uu~ I "I. J I..;. i "
527
AYES: Council Members Harris, Hudson, Swain, Trout, White and
May 0 r Bowe rs -----------------------------------------------------------------------------6.
NA Y S: Non e-----------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the terms of office of James Smith and Carolyn Word as members
ofthe Youth Services Citizen Board expired on May 31,1999, and there
is an additional vacancy on the Youth Services Citizen Board created
by the resignation of J. Stephen Shepard; whereupon, the Mayor called
for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of James Smith,
Carolyn Word and Alice B. Szathmary.
There being no further nominations, Mr. Smith and Ms. Word
were reappointed and Ms. Szathmary was appointed as members ofthe
Youth Services Citizen Board for terms ending. May 31, 2002, by the
following vote:
FOR MR. SMITH, MS. WORD AND MS. SZA THMARY: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-METROPOLlTAN
TRANSPORTATION DISTRICT: The Mayor advised that the term of office
of Sherman A. Holland as a member of the Roanoke Valley Area
Metropolitan Planning Organization expired on June 30,1999, and there
is an additional vacancy on the Roanoke Valley Area Metropolitan
Planning Organization created by the resignation of Carroll E. Swain;
whereupon, the Mayor called for nominations to fill the vacancies.
Mr. Swain placed in nomination the name of Sherman A. Holland
and Evelyn S. Lander.
There being no further nominations, Mr. Hojland was reappointed
and Ms. Lander was appointed as members ofthe Roanoke Valley Area
Metropolitan Planning Organization, for terms ending June 30,2002, by
the following vote:
528
ACTION:
ACTION:
ACTION:
FOR MR. HOLLAND AND MS. LANDER: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers-----------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-L1BRARIES: The Mayor
advised that there is a vacancy on the Roanoke Public Library Board
created by the resignation of Edward F. Lovell, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Herbert D. McBride.
There being no further nominations, Mr. McBride was appointed
as a member of the Roanoke Public Library Board, for a term ending
June 30, 2001, by the following vote:
FOR MR. MCBRIDE: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers-----------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-WA TER RESOURCES: The
Mayor advised that there is a vacancy on the Carvins Cove
Comprehensive Land Use Committee created by the resignation of
James K. Cowan, Jr., and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Norvelle Wellford.
There being no further nominations, Mr. Wellford was appointed
as a member ofthe Carvins Cove Comprehensive Land Use Committee
by the following vote:
FOR MR. WELLFORD: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers-----------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-L1BRARIES: The Mayor
advised that the terms of office of Gloria P. Manns and Roland H.
Macher as members of the Roanoke Public Library Board expired on
June 30, 1999, and called for nominations to fill the vacancies.
ACTION:
ACTION:
ACTION:
",...,. ~..~WlWll11lill..I1!~.d..:rI.....~..:_,~~L...l~:}',':,"'~:.(jIf'MlI.~llll.I.iU-.Li. 1";'_;1";' "
529
Mr. Harris placed in nomination the names of Gloria P. Manns
and Roland H. Macher.
There being no further nominations, Ms. Manns and Mr. Macher
were reappointed as members ofthe Roanoke Public Library Board, for
terms ending June 30, 2002, by the following vote:
FOR MS. MANNS AND MR. MACHER: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers------------------------------6.
(Council Member Wyatt was absent.)
OA THS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that the term of office of Brook E.
Dickson as a member of the Roanoke Arts Commission expired on
June 30, 1999, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Brook E. Dickson.
There being no further nominations, Ms. Dickson was
reappointed as a member of the Roanoke Arts Commission, for a term
ending June 30, 2002, by the following vote:
FOR MS. DICKSON: Council Members Harris, Hudson, Swain,
T ro ut, Wh i te and Ma y 0 r Bowe rs -----------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor
advised that the terms of office of Alfred C. Moore, Sloan H. Hoopes
and Robert O. Gray as members of the War Memorial Committee
expired on June 30, 1999, and called for nominations to fill the
vacancies.
Mr. Harris placed in nomination the names of Alfred C. Moore,
Sloan H. Hoopes and Robert O. Gray.
There being no further nominations, Mr. Moore, Mr. Hoopes and
Mr. Gray were reappointed as members of the War Memorial
Committee, for terms ending June 30, 2000, by the following vote:
FOR MR. MOORE, MR. HOOPES AND MR. GRAY: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers-----6.
530
ACTION:
ACTION:
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that the term of office of Audrey M. Wheaton as a member of the
Virginia Western Community College Board expired on June 30,1999,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Audrey M. Wheaton.
There being no further nominations, Ms. Wheaton was
reappointed as a member of the Virginia Western Community College
Board, for a term ending June 30, 2003, by the following vote:
FOR MS. WHEATON: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers-----------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that the terms of office of Dorothy L. Bull, William H. Carder,
David Davis, Wanda E. English, Catherine Fox, Sabrina T. Law,
Estelle H. McCadden, Samuel G. Oakey, III, Amy W. Peck, Sherley E.
Stuart, Jeff Updike and Kathy Wilson as members ofthe Special Events
Committee expired on June 30, 1999, and called for nominations to fill
the vacancies.
Mr. Harris placed in nomination the names of Dorothy L. Bull,
William H. Carder, David Davis, Wanda E. English, Catherine Fox,
Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, III, Amy W.
Peck, Sherley E. Stuart, Jeff Updike and Kathy Wilson.
There being no further nominations, Ms. Bull, Mr. Carder,
Mr. Davis, Ms. English, Ms. Fox, Ms. Law, Ms. McCadden, Mr. Oakey,
Ms. Peck, Ms. Stuart, Mr. Updike and Ms. Wilson were reappointed as
members of the Special Events Committee, for terms ending June 30,
2000, by the following vote:
FOR MS. BULL, MR. CARDER, MR. DAVIS, MS. ENGLISH,
MS. FOX, MS. LAW, MS. MCCADDEN, MR. OAKEY, MS. PECK, MS.
STUART, MR. UPDIKE AND MS. WILSON: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers-----------------------------6.
(Council Member Wyatt was absent.)
ACTION:
ACTION:
,., ~~Jjiol.U"W~'~j,~"",l.L.u, .,JJ..jW.'~~!Jb-W.~,JJ"tlO~t'II.,II.""'~ I ...L._.I_ . ,"'
531
OATHS OF OFFICE-COMMITTEES-CUL TURAL SERVICES
COMMITTEE: The Mayor advised that the terms of office of Frances L.
Keen, Frank J. Eastburn and Beverly A. James as members of the
Cultural Services Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frances L. Keen,
Frank J. Eastburn and Beverly A. James.
There being no further nominations, Mr. Keen, Dr. Eastburn and
Ms. James were reappointed as members of the Cultural Services
Committee, for terms ending June 30, 2000, by the following vote:
FOR MR. KEEN, DR. EASTBURN AND MS. JAMES: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers----6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT
COMMITTEE: The Mayor advised that the terms of office of Frank W.
Feather, Raleigh Campbell, Harold P. Kyle, Katheryn M. McCain,
Evelyn F. Board and Glenn D. Radcliffe as members of the Human
Services Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frank W. Feather,
Raleigh Campbell, Harold P. Kyle, Katheryn M. McCain, Evelyn F. Board
and Glenn D. Radcliffe.
There being no further nominations, Mr. Feather, Mr. Campbell,
Mr. Kyle, Ms. McCain, Ms. Board and Mr. Radcliffe were reappointed as
members ofthe Human Services Committee, for terms ending June 30,
2000, by the following vote:
FOR MR. FEATHER, MR. CAMPBELL, MR. KYLE, MS. MCCAIN,
MS. BOARD AND MR. RADCLIFFE: Council Members Harris, Hudson,
Swain, Trout, White and Mayor Bowers------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-FLOOD
REDUCTION/CONTROL: The Mayor advised that the terms of office of
Willard N. Claytor, Read A. Lunsford, EdgarV. Wheeler, Dennis Tinsley,
532
ACTION:
ACTION:
Kathy S. Hill, Lucian Y. Grove, E. L. Noell and Bill Tanger as members
of the Flood Plain Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the name of Willard N. Claytor,
Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill,
Lucian Y. Grove, E. L. Noell and Bill Tanger.
There being no further nominations, Mr. Claytor, Mr. Lunsford,
Mr. Wheeler, Mr. Tinsley, Ms. Hill, Mr. Grove, Mr. Noell and Mr. Tanger
were reappointed as members of the Flood Plain Committee, for terms
ending June 30, 2000, by the following vote:
FOR MR. CLAYTOR, MR. LUNSFORD, MR. WHEELER,
MR. TINSLEY, MS. HILL, MR. GROVE, MR. NOELL AND MR. TANGER:
Council Members Harris, Hudson, Swain, Trout, White and
Ma y 0 r Bowe rs------------------------------------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Mayor advised that the terms of office of J. Granger Macfarlane and
John D. Baldridge, III, as members of the Economic Development
Commission expired on June 30,1999, and called for nominations to fill
the vacancies.
Mr. Harris placed in nomination the name of J. Granger
Macfarlane and John D. Baldridge, III.
There being no further nominations, Mr. Macfarlane and
Mr. Baldridge were reappointed as members of the Economic
Development Commission, for terms ending June 30, 2002, by the
following vote:
FOR MR. MACFARLANE AND MR. BALDRIDGE: Council Members
Harris, Hudson, Swain, Trout, White and Mayor Bowers-------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-GREENWA Y SYSTEM: The
Mayor advised that the term of office of Barry W. Baird as a member of
the Roanoke Valley Greenways Commission expired on June 30, 1999,
and called for nominations to fill the vacancy.
ACTION:
ACTION:
ACTION:
"~I ~." JlW,...U1i1l ~j!l"'J'Jt..w..~;;ll.""!'M l~klt.A""~'~I""l~lLll JJII&~ I J..J.._ J. i... . "
533
Mr. Harris placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was reappointed
as a member ofthe Roanoke Valley Greenways Commission, for a term
ending June 30, 2002, by the following vote:
FOR MR. BAIRD: Council Members Harris, Hudson, Swain, Trout,
Wh ite a nd Mayo r Bowers--------------------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Mayor advised that the term of office of I. B. Heinemann as a
member of the Personnel and Employment Practices Commission
expired on June 30,1999, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of I. B. Heinemann.
There being no further nominations, Mr. Heinemann was
reappointed as a member of the Personnel and Employment Practices
Commission, for a term ending June 30, 2002, by the following vote:
FOR MR. HEINEMANN: Council Members Harris, Hudson, Swain,
T ro ut, Wh ite and May 0 r Bowe rs -----------------------------------------------------6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS
BUREAU: The Mayor advised that the term of office of Sunny Shah as
a member ofthe Roanoke Valley Convention andr\fisitors Bureau Board
of Directors expired on June 30,1999, and called for nominations to fill
the vacancy.
Mr. Harris placed in nomination the name of Sunny Shah.
There being no further nominations, Mr. Shah was reappointed
as a member of the Roanoke Valley Convention and Visitors Bureau
Board of Directors, for a term ending June 30, 2000, by the following
vote:
FOR MR. SHAH: Council Members Harris, Hudson, Swain, Trout,
Wh ite and Ma y 0 r Bowe rs --------------------------------------------------------------6.
534
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that the terms of office of Richard Clark, Barry L.
Thomas, Carl H. Kopitzke, Betty Field, Eddie Wallace, Jr., and Ralph K.
Smith as members ofthe Mill Mountain Advisory Committee expired on
June 30, 1999, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Richard Clark,
Barry L. Thomas, Carl H. Kopitzke, Betty Field, Eddie Wallace, Jr., and
Ralph K. Smith.
There being no further nominations, Mr. Clark, Mr. Thomas,
Mr. Kopitzke, Ms. Field, Mr. Wallace and Mr. Smith were reappointed as
members of the Mill Mountain Advisory Committee, for terms ending
June 30, 2000, by the following vote:
ACTION:
FOR MR. CLARK, MR. THOMAS, MR. KOPITZKE, MS. FIELD,
MR. WALLACE AND MR. SMITH: Council Members Harris, Hudson,
Swain, Trout, White and Mayor Bowers------------------------------------------6.
(Council Member Wyatt was absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY MANAGER-WATER RESOURCES: The Acting City Manager
advised that a press conference has been called for Wednesday, July 7,
1999, at 9:00 a.m., in the City Council's Conference Room, to discuss
mandatory water conservation for City residents.
There being no further business, the Mayor declared the meeting adjourned
at 5:30 p.m.
APPROVED
A71t~ ~.~
Mary F. Parker
City Clerk
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535
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
July 19, 1999
12:15 p.m.
The Council ofthe City of Roanoke met in regular session on Monday, July 19,
1999, at 12:15 p.m. the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings. of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, Linda F. Wyatt, C. Nelson Harris (arrived at 12:45 p.m.) and Mayor David A.
B()\ftfEtrs---------------------------------------------------------------------------------------------------------E).
ABSENT: Council Member William White, Sr.-------------------------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
FDETC: Glenn D. Radcliffe, Director, Human Development, introduced a
briefing on the Workforce InvestmentActwhich involves Federal legislative changes
that will impact the delivery of workforce development services to citizens and to
employers in the Roanoke region. He advised that the Federally funded Employment
and Training or Workforce Development Programs are overhauled every 10 - 15
years, previous changes to the system included conversion from the Manpower
Development Training Act to the Comprehensive Employment and Training Act
(CETA) and from CETA to the Job Training Partnership Act that the City presently
operates under. He further advised that legislation passed in 1998 requires the
close-out of the Job Training Partnership Act and implementation of the new
Workforce Investment Act by no later than July 1, 2000. He stated that the Fifth
District Employment and Training Consortium has served the governments and
citizens within the four City and four County service delivery area known as the Fifth
Planning District for over 25 years and local policy guidance and program oversight
is provided by the Policy Board which is comprised of designated representatives
from each jurisdiction within the region. Under the current agreement, he explained
that he serves as the City of Roanoke's representative and Chair of the Policy Board,
Policy Board members are assisted by the Regional Private Industry Council (PIC),
with a majority of PIC members representing private sector employers. He called
upon Vickie L. Price, ExecutivEt Director, Fifth District Employment and Training
Consortium, to present an overview of the legislation and its impact on the City of
Roanoke.
536
Ms. Price advised thatthe Workforce Investment Act replaces the Job Training
Partnership Actwhich requires coordination between Federally-funded employment
and vocational education programs through joint development of plans for delivering
services and establishment of one-stop centers staffed by multiple agencies; and
there are three service levels or tiers of service for job seekers and employers:
training, intensive and core.
Ms. Price explained that State responsibilities include:
Governor appoints State Workforce Investment Board (may certify existing
state council) (Virginia has opted to expand the duties and membership ofthe
Statewide Workforce Training Council renamed the Virginia Workforce
Council)
State Workforce Investment Board designates local workforce areas (most
existing JTPA areas have a two year protection under the laws)
Establishes criteria for and certifies local Workforce Investment Boards (may
certify current Private Industry Councils)
Develops a statewide list of approved training providers, based on local input
Creates a five year plan for coordinating workforce development services
Ms. Price further explained that duties of local elected officials include:
Appoint members of local Workforce Investment Board for approval by the
Governor
The local Workforce Board is comprised of employers, education entities,
economic development agencies, each one-stop partner, and others
Develop and submit a regional/local workforce development plan to the
Governor, working jointly with the local Board
Serve as fiscal agent and liable party for Workforce Investment Actfunds (may
name a separate entity/single jurisdiction as fiscal agent)
Determine appropriate performance standards for the region/area, working
cooperatively with the local Board and the Governor
Approve the budget of the local Board
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537
Develop an agreement with each one-stop service provider, jointly with the
local Board
Certify regional one-stop centers in conjunction with the local Board
Ms. Price advised that local Workforce Board responsibilities include:
Create a regional workforce development plan, jointly, with local elected
officials for submission to the Governor
Develop a budget for local Board operations for approval by local elected
officials
Determine appropriate performance standards for the region, working
cooperatively with local elected officials and the Governor
Coordinate regional workforce development services/activities with
employers and economic development organizations
Develop a list of eligible training providers within the region/area for
submission to the State
Develop an agreement with each one-stop service partner, jointly with local
elected officials
Certify regional one-stop centers in conjunction with local elected officials
Establish a regional Youth Council and award Workforce Incentive Actfunded
contracts for youth service.
Ms. Price pointed outthat local Youth Council membership includes members
of the local Board, youth service agencies, a representative of public housing
authorities, parents of youth seeking assistance, Job Corps, and others including
youth. She clarified that a one-stop system provides that each Workforce
Investment Area is required to have at least one facility in which all of the required
service providers are represented and these required partners are: Carl Perkins Act
Vocational Education funds, CSBG-funded employmenttraining activities, Federally-
funded adult education, Federally-funded literacy, Federally-funded older-worker
employment training, Federally-funded vocational rehabilitation, HUD-funded
employment training activities, Trade Act, Veterans Employment Services,
Unemployment Compensation, Wagner-Peyser Act (Employment Service activities)
Welfare-to-Work, and Workforce Investment Act (former JTPA activities). She
explained that required one stop services include three tiers of service, with each
538
level designed to place the job seekers in gainful employment which include
training, intensive, and core. She advised that core services available to all job
seekers or employers are: recruitment intake and orientation, skills assessment
(preliminary), job search and job matching, labor market information, training
provider information, supportive services information, eligibility determination for
all targeted programs, and follow-up; intensive services for job seekers who are
unable to attain self-sufficiency level jobs through core services include: detailed
interview, testing and assessment, individual employment plan, group counseling,
individual counseling, case management, short-term pre-vocational classes and
services (adult education and literacy); and training services which are available to
job seekers who are eligible for intensive services and need skills training to obtain
employment are: occupational skills training, on-the-job training, combined
classroom/workplace training, skills upgrades and re-training, entrepreneurial
training, job readiness training, and customized training by and lor for employers.
She stated that Virginia Workforce Council responsibilities are: create Virginia's
Workforce strategy, serve as the policy board for implementation for the Workforce
Investment Act; and oversee workforce training issues for the Virginia Community
College System, including the new workforce training centers.
Ms. Price advised that the time line for the Virginia Workforce Council is as
follows: in April, the Governor signed legislation creating the Workforce Council; in
April-June, there was an inventory of current programs (agencies responded by
June 1); in April-June, the best practices in other states were identified; in July, the
Governor appointed members to the new Virginia Workforce Council; on August 12,
the first meeting of the Virginia Workforce Council will be held; in August-October,
the Virginia Workforce Council Subcommittee will meet to develop workforce
strategies; in August-October, a process will be adopted for designating Workforce
Investment areas (localities have 60 days to respond); in October, a second meeting
of the Virginia Workforce Council will be held; and in November-January, formal
designation of Workforce Investment areas will occur.
Ms. Price explained that Virginia Workforce Act opportunities and challenges
are, "to create and support an effective local system driven by a local vision, while
maintaining statewide quality"; and to establish an integrated system that is
accessible and responsive to all customers and develop results-oriented
partnerships dedicated to continuous improvement.
There being no questions, without objection by Council, the Mayor advised
that the briefing would be received and filed.
At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
..d,IlIJ....iMIIil 1. .H...WIIIItI I ~ e,~.J1.wk,d, 1I11~i~~ 1111. MI-.L I .u,;..L j..J. ..L.1
539
At 2:00 p.m., on Monday, July 19, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A.
B()'^'Etrs---------------------------------------------------------------------------------------------------------7'.
AEJSE:Nlr: N()I1Et-------------------------------------------------------------------------------------0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Donna
Britt, Associate Pastor, Calvary Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGMENT:
ACTS OF ACKNOWLEDGMENT-CITY ATTORNEY: Mr. Trout
offered the following resolution recognizing the services of William X
Parsons as Acting City Attorney:
(#34393-071999) A RESOLUTION recognizing the outstanding
service rendered to the City by William X Parsons, as Acting City
Attorney.
(For full text of Resolution, see Resolution Book No. 62, page 104.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34393-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Ma y 0 r Bowe rs-------------------------------------------------------------7.
NAYS: N()I1Et--------------------------------------------------------------------___().
540
ACTS OF ACKNOWLEDGMENT: On behalf ofthe City of Roanoke,
the Mayor commended Ms. Bridget Blankenship and Ms. Theresa
Bryant for their assistance to visitors to the Roanoke Valley from the
State of Florida. He advised that both Ms. Blankenship and Ms. Bryant
are employees ofthe Hardee's Restaurant on Orange Avenue and they
were instrumental in returning a lost personal item to an individual who
was passing through the Roanoke Valley en route to Florida.
The Mayor expressed appreciation to Ms. Blankenship and Ms.
Bryant and congratulated them on being goodwill ambassadors of the
Roanoke Valley, and presented each with a Certificate of Appreciation
and a "Crystal Star" which is symbolic of the Star on Mill Mountain.
VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES: The
Mayor called attention to a plaque which was presented to the City of
Roanoke in appreciation of the City's participation in the 1999
Commonwealth of Virginia Games.
MISCELLANEOUS-COUNCIL-CITY EMPLOYEES: The Members of
Council and City employees were invited to participate in the Second
Annual "Toys-for-Tots" Softball Game, sponsored by the U. S. Marine
Corp/Naval Reserves on September 10, 1999, at 6:30 p.m., at Wasena
Field I.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
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541
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers-------------------------------------------------------------7.
NA)(S: N()I1Et-----------------------------------------------------------------------0.
HOUSING/AUTHORITY -NA TIONAL LEAGUE OF CITIES-GRANTS-
ECONOMIC DEVELOPMENT: A communication from Mayor David A.
Bowers advising that on Monday, June 7, 1999, Council unanimously
adopted Resolution No. 34330-060799 urging the members of the
United States House Commerce Committee and the United States
House of Representatives to amend H. R. 10 to modernize the
Community Reinvestment Act (CRA) passed in 1977, in order for the
CRA to continue to be an important economic development tool to
increase home ownership and economic development in low income
urban and rural communities; and the City of Roanoke has been
requested by the National League of Cities to request its Congressman
to make a "one minute" statement on the floor of the House of
Representatives in support of the Community Reinvestment Act, was
before Council.
The Mayor further advised that with the concurrence of Council,
he will be pleased to contact Congressman Goodlatte's Office and
request that he make the appropriate statement on behalf ofthe City of
Roanoke.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the communication. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Ma y 0 r Bowe rs -------------------------------------------------------------7.
NAYS: N()I1Et-------------------------------------------------______________________().
542
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
HOUSING/AUTHORITY: A communication from George J. A.
Clemo, Attorney, representing the Roanoke Redevelopment and
Housing Authority, requesting adoption of a resolution approving the
issuance by the Housing Authority of its revenue bonds to assist the
Roanoke Valley Housing Corporation, or a related entity, in acquiring,
constructing and equipping a multifamily housing project consisting of
up to 38 duplex housing units in 19 buildings to be located in or
adjacent to the Lincoln Terrace housing complex, was before Council.
Mr. Clemo transmitted copy of a resolution adopted by the
Roanoke Redevelopment and Housing Authority in which the Housing
Authority has requested that Council approve issuance by the Authority
of up to $2,000,000.00 in revenue bonds for the above stated purpose.
(Forfull text, see communication and supporting documentation on file
in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34394-071999) A RESOLUTION approving the issuance by the
City of Roanoke Redevelopment and Housing Authority of its revenue
bonds to assist the Roanoke Valley Housing Corporation or a related
entity in the acquisition, construction and equipping of a multifamily
housing project, consisting of up to 38 duplex housing units in 19
buildings to be located in or adjacent to the Lincoln Terrace housing
complex in the City of Roanoke, Virginia.
(For full text of Resolution, see Resolution Book No. 62, page 105.)
Mr. Trout moved the adoption of Resolution No. 34394-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayo r Bowers -------------------------------------------------------------7.
NAYf): N()I1E!-----------------------------------------------------------------------().
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543
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation offunds to the following school
accounts, was before Council.
$227,048.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for the modernization of
intercom systems in seven schools, for video systems to
monitor student behavior on school buses, for the
relocation of modular units at Garden City and Grandin
Court Elementary Schools, and for the installation of floor
tile at Fallon Park Elementary School.
$8,000.00 for the Learn & Serve Program to support
school-based projects that provide youth with
opportunities to enhance and reinforce skills through
service to the local community. Federal grant funds will
be provided for this continuing program.
$315,000.00 for the upgrading of school administrative
systems for year 2000 compliance. This new program will
be one hundred per cent reimbursed by state bond funds.
$806,000.00 for the purchase of school instructional
technology equipment. This continuing program will be
one hundred per cent reimbursed by state bond funds.
$129,942.00 for the Addison Middle School renovation
project for rock excavation and roof installation. Funding
will be provided from 1997 Capital Bond funds in the
amount of $117,122.00 and from VPSA bond interest
revenues in the amount of $12,820.00
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34395-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
544
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 106.)
Mr. Trout moved the adoption of Ordinance No. 34395-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and May 0 r Bowe rs-------------------------------------------------------------7.
NAYS: None-----------------------------------------------------------------------0.
Council Member Wyatt advised that one of the key elements to
discipline in the schools is parental involvement; whereupon, she
requested information on efforts by the school administration to
encourage parental involvement.
Council Member Swain requested information on the
effectiveness of video systems to monitor student behavior on school
buses.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SCHOOLS-WATER RESOURCES: In view of the water shortage
situation, the Mayor advised that he has requested periodic briefings
with regard to the water level at Carvins Cove Reservoir; whereupon,
the Acting City Manager advised that approximately two weeks ago, the
City announced a mandatory water conservation program, most
citizens appear to have taken the program seriously and are committed
to water conservation, and he commended the citizens of Roanoke for
their excellent response to the City's request for water conservation.
Diane Akers, Acting Assistant City Manager and Coordinator of
the Water Conservation Program, presented a water supply status
report. She referred to usage trends in July 1998 compared with July
1999, and advised that in 1998, City customers used approximately
319.5 million gallons as compared to the first 15 days of July 1999 at
293.5 million gallons, which means that usage is down approximately
eight per cent; however, water conservation should be continued
because at this point, there should be at least a 20 per cent level of
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545
conservation. She stated that as of this date, the current water level at
Carvins Cove was 25.2 feet below spillway level. She explained that
mandatory conservation, or Condition II, means prohibition against
outdoor use of water and reductions of 20 per cent on indoor use,
regardless of the source of water supply; water conservation officers
are patrolling City neighborhoods and issuing warnings for violations;
other local Roanoke Valley governments have been cooperative,
supplying between 2.7 and 2.9 million gallons of water per day; and
there are water connections in the City of Salem and on Ogden Road
and Grandin Road Extension, and within approximately 30 days, two
additional connections will be available in the Peters Creek Road area
and Route 460. She stated that estimated cost of water is about
$4,000.00 per day, increasing up to $11,000.00 per day after all
connections are made for new water sources, which costs include
additional expenses incurred for the purchase of water, extra staff,
materials, public information, treatment chemicals and electricity. She
explained that if one estimates the cost for the next 120 days through
October, at approximately $9,000.00 per day times 120 days, that equals
approximately $1 million. In regard to funding increased costs, she
called attention to contingency funding in the Water Fund, future water
rates could be impacted depending on how long the drought situation
lasts, and water rates will increase should the Carvins Cove Reservoir
level drop to 30 feet below spillway level. She advised that if and when
the City reaches Water Conservation Condition III, water customers will
be requested to conserve 25 per cent of their water usage and if they
are unable to conserve 25 per cent, higher rates will prevail. She
stated that a long term slow and steady rain is needed with higher
intensity rains creating significant increased water flows from rivers
and creeks in order to replenish Carvins Cove Reservoir.
An observation was made that improvements to Addison
Aerospace Magnet Middle School are substantially complete; however,
because of the water supply situation, the lawn has not been reseeded.
It was suggested that the Acting City Manager discuss the matter with
the Superintendent of Schools to determine ifthe lawn can be reseeded
and maintained with recycled water prior to the beginning ofthe school
year.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
546
CITY MANAGER-FLOOD REDUCTION/CONTROL: The Acting City
Manager presented a briefing on flooding conditions in the City of
Roanoke as the result of a severe storm that occurred on Sunday,
July 18, 1999. He advised that approximately 30 traffic signals were out
of order during the storm, most of which are curr~ntly operating. He
stated that spring water has been used to clean mud from City streets,
City crews are working over time, the most lingering problem deals with
approximately 100 fallen trees, and some alleys remain blocked. He
added that clean up efforts are moving forward and City crews
responded appropriately to the storm.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-HUMAN DEVELOPMENT-GRANTS: The
Acting City Manager submitted a written report advising that the City of
Roanoke receives entitlement grants each year under the Community
Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) programs of the U. S. Department of Housing and Urban
Development (HUD); HUD approval of the City's fiscal year 1999-2000
CDBG application is forthcoming; and Blue Ridge Independent Living
Center has received HUD funding from the City since fiscal year 1994-
95 for its Empowering Individuals With Disabilities Program, which
enables disabled individuals to become as independent as possible
within their own homes and communities.
It was further advised that as part of the City's 1999-2000
budgeting process, Blue Ridge Independent Living Center requested
funds for assistance with home rehabilitation or modifications and with
the purchase of assistive devices to be provided for individuals with
disabilities; Council authorized a total of $29,335.00 in CDBG funds for
the Blue Ridge Independent Living Center as part of the Annual Update
to the Consolidated Plan approved for submission to HUD on May 11,
1999, by Resolution No. 34281-051199; and $20,635.00 was approved
for the rehab/modification aspect of the program and $8,700.00 was
approved for assistance with the purchase of assistive devices.
The Acting City Manager recommended that he be authorized to
execute a CDBG Agreement with the Blue Ridge Independent Living
Center and amendments thereto, if necessary, to be approved as to
ACTION:
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547
form by the City Attorney; and amendments shall be within the limits of
funds appropriated by Council and for the purposes set forth in the
Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34396-071999) A RESOLUTION authorizing the appropriate City
officials to enter into a Community Development Block Grant ( CDBG)
Agreement, and any necessary amendments thereto, with the Blue
Ridge Independent Living Center, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 109.)
Mr. Trout moved the adoption of Resolution No. 34396-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers-------------------------------------------------------------7.
NAYS: Non e -----------------------------------------------------------------------0.
BUDGET -WA TER RESOURCES: The Acting City Manager
submitted a written report advising that the 12 inch diameter water
main located in Franklin Road between McClanahan Street and
Beechwood Road has had a history of breaks and leakage; the existing
line has been replaced with a new 12 inch diameter main of ductile iron;
and the 12 inch main is of sufficient capacity for the existing and
anticipated future land use in the corridor.
It was further advised that project construction has progressed
well and is nearly complete; due to water main construction, it was
necessary to re-pave Franklin Road between McClanahan Street and
Beechwood Road; sewer main repairs between Reserve Avenue and
McClanahan Street have required that the re-paving area be extended;
and total construction cost of the project is estimated as follows:
Construction Contract
Proposed Change Order No.1
$595,140.00
134.676.00
$729.816.00
Total
548
ACTION:
Proposed Change Order No.1 represents 22.6% of the original contract
value.
The Acting City Manager recommended that he be authorized to
execute Change Order No.1, in a form to be approved by the City
Attorney, with J. P. Turner and Brothers, Inc., in the amount of
$134,676.00, with zero additional calendar days for completion of the
work; transfer $25,000.00 from Second StreetlGainsboro Road, Account
No. 008-052-9547, to Franklin Road Water Main Replacement, Account
No. 002-056-8387; funds in the amount of $60,000.00 are available in
Annual Street Paving, Account No. 001-052-4120-2010; and appropriate
$49,676.00 from Water Fund Retained Earnings to Franklin Road Water
Main Replacement, Account No. 002-056-8387.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34397 -071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund and Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 109.)
Mr. Hudson moved the adoption of Ordinance No. 34397-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Ma y 0 r Bowe rs -------------------------------------------------------------7.
NA Y S: N 0 ne-----------------------------------------------------------------------0.
Mr. Hudson offered the following emergency ordinance:
(#34398-071999) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No.1 to the City's contract with J. P. Turner
and Brothers, Incorporated, for the Franklin Road Water Main
Replacement Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 111.)
ACTION:
L.>lJll.J..IoillIl.. ~j...,,,,,~!di:!,,!j,Jtj..lkJ.L1.,,,,,j.,,'I~~.lI..lI..-.-.al I .J.i_ I J ~i ,.
549
Mr. Hudson moved the adoption of Ordinance No. 34398-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and May 0 r Bowe rs -------------------------------------------------------------7.
NAY S: Non e-----------------------------------------------------------------------0.
SEWERS AND STORM DRAINS-BUDGET: The Acting City
Manager submitted a written report in connection with the fifth, and
final year, ofthe contract with Wheelabrator Clean Water Systems, Inc.,
Bio-Gro Division, of Millersville, Maryland, to remove, transport and
dispose of 11,000 dry tons of sludge from the Water Pollution Control
Plant at $91.05 per dry ton; and the contractor has notified the City that
as of August 1, 1999, it will have hauled and applied the 11,000 dry tons
as authorized by the contract.
It was further advised that due to additional lagoon loadings from
the secondary digesters and loadings from the lagoons at Carvins
Cove, the City would like to increase the sludge to be hauled up to
14,000 dry tons, or an increase of up to 3,000 dry tons, at the contract
price of $91.05 per dry ton, an increase not to exceed $273,150.00; and
overloading of lagoons could result if excess sludge is not removed.
The Acting City Manager recommended that he be authorized to
execute Change Order No. 1 to the contract with Wheelabrator Clean
Water Systems, Inc., Bio-Gro Division, to remove, transport and
dispose of up to an additional 3,000 dry tons of lagooned sludge at
$91.05 per dry ton, not to exceed $273,150.00; and appropriate
$273,150.00 from Sewage Fund Retained Earnings to Account No. 003-
056-3150-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34399-071999) AN ORDINANCE to amend and reordain certain
sections ofthe 1999-2000 Sewage Treatment Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 112.)
550
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34399-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayor Bowe rs -------------------------------------------------------------7.
NA)(S: N()I1Et-----------------------------------------------------------------------().
Mr. Trout offerEtd the following emergency ordinance:
(#34400-071999) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No.1 to the City's contract with Wheelabrator
Clean Water Systems, Inc., Bio-Gro Division, to remove, transport and
dispose of up to an additional 3,000 dry tons of lagooned sludge; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 113.)
Mr. Trout moved the adoption of Ordinance No. 34400-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayo r Bowe rs -------------------------------------------------------------7.
NA)(S: N()I1Et-----------------------------------------------------------------------().
SEWERS AND STORM DRAINS-WATER RESOURCES: The Acting
City Manager submitted a written report advising that funds are
designated in the fiscal year 1999-2000 operating budget for Water and
Water Pollution Control Departments for the purchase of certain
chemicals; whereupon, he recommended that Council accept the
lowest responsible bids for water and waste water treatment chemicals,
as follows:
Liquid Alum from General Chemical Corp. for the
cost of $.378 per gallon.
Liquid Chlorine
150 lb. cylinders from Jones Chemicals, Inc.
for the cost of $21.666.00 per cwt.
1.~.....Jlw..IlW', ~j~'"'~""""".-111l'~L!_l.j.Jtr'(1 h .,1, "H.~.Wlj 11..11. ~-.L I JiJ.l_ J.~.J. ~.i ,.
551
2,000 lb. cylinders from Prillaman Chemical
Corp. for the cost of $10.30 per cwt.
Sodium Fluoride from Jones Chemicals, Inc., forthe
cost of $.5464 per lb.
Ferric Chloride from Eaglebrook, Inc., forthe cost of
$.449 per gallon.
Sulfur Dioxide from Jones Chemicals, Inc., for the
cost of $387.33 per cylinder.
~
Sodium Hydroxide
For Carvins Cove location from Prillaman
Chemical Corp. for the cost of $.535 per
gallon.
For Falling Creek location from Jones
Chemical, Inc., for the cost of $.836 per
gallon.
Hydrofluosilica Acid from Prillaman Chemical Corp.
for the cost of $.64 per gallon.
Sodium Bi-Sulfite from Jones Chemicals, Inc., for
the cost of $.92 per gallon.
Orthophosphate from Prillaman Chemical Corp. for
the cost of $3.09 per gallon.
Polymer Praetol 186 KH from Prochem
Technologies, Inc., for the cost of $3.098 per gallon.
Filter Aid .57 PPM from Qualichem, Inc., for the cost
of $3.769 per gallon.
Westchlor #2402 from Prochem Technologies, Inc.,
for a cost of $5.18 per gallon.
Zinc Orthophosphate from Prillaman Chemical
Corp. for the cost of $6.49 per gallon.
552
ACTION:
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34401-071999) A RESOLUTION accepting bids for water and
sewage treatment chemicals for fiscal year 1999-2000, and rejecting
other bids.
(For full text of Resolution, see Resolution Book No. 62, page 114.)
Mr. Trout moved the adoption of Resolution No. 34401-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers-------------------------------------------------------------7.
NAY S: Non e-----------------------------------------------------------------------0.
STREET LIGHTS-BUDGET -SCHOOLS-APPALACHIAN POWER
COMPANY-VIRGINIA MUNICIPAL LEAGUE: The Acting City Manager
submitted a written report advising that governmental electric rates
have been established through contract negotiations for three year
term increments since 1974; current contract rates for schools,
pumping, street lighting, and general government are due for
consideration for change as of July 1, 1999; American Electric Power
(AEP) has suggested maintaining the current rate structure for a term
of one or more years beginning July 1, 1999; the potential for a rate
decrease is believed to exist, which potential can only be developed
through an exchange of information between representatives of AEP
and expert rate personnel representing the City; the City has
historically joined with other cities, towns and counties served by AEP
to negotiate as a block unit through the Virginia Municipal League
(VML) and the Virginia Association of Counties (VACO); the Director of
Utilities and Operations represents the City on the Electrical Rate
Steering Committee with additional staff support as required; and all
negotiations are subject to final approval by City Council.
It was further advised that rate negotiations have begun; the
potential impact of electrical deregulations creates more complications
in this round of negotiations; assessment to pay for rate experts
ACTION:
I J. ,,~.~,j,j,JUII.1~lI...II....-..J. I ...iol.i_,..L.~.J. ~~ "
553
retained through the VML and V ACO has been received from the VML
in the amount of $33,675.00; funds left over, if any, will be retained and
properly accounted for by the VML for future negotiations; and an
additional assessment will be made if there is a short-fall of funds.
The Acting City Manager recommended that Council authorize
payment of the City's pro rata assessment; and transfer an
encumbrance of $33,675.00 from General Fund Contingency, Account
No. 001-002-9410-2199, to Supply Management Fees for Professional
Services, Account No. 001-056-1237-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34402-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Water Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 115.)
Mr. Trout moved the adoption of Ordinance No. 34402-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayo r Bowe rs -------------------------------------------------------------7.
NAlrS: N()I1E!----------------------------------------------------------_____________().
DIRECTOR OF FINANCE:
BUDGET-HIGHER EDUCATION CENTER: The Director of Finance
submitted a written report advising that the Virginia General Assembly
adopted Chapter 813 of the 1997 Acts of Assembly establishing the
Roanoke Higher Education Authority for the purpose of expanding
access to higher education and workforce training in the Roanoke
region by developing the Roanoke Higher Education Center with such
funds as are appropriated and made available for this purpose; in 1998,
the General Assembly provided funding in the amount of $5,379,000.00
for establishing the Authority and $62,500.00 in fiscal year 1998-99 and
fiscal year 1999-2000, each, for operations; on July 20, 1998, Council
authorized the Director of Finance to serve as the temporary fiscal
554
ACTION:
agent for the Roanoke Higher Education Authority; and in 1999, the
General Assembly provided additional funding, in the amount of
$3,601,000.00, for establishment of the Roanoke Higher Education
Center and an additional $100,000.00 for operations.
It was further advised that funds, in the amount of $3,763,500.00,
have been certified by the Commonwealth of Virginia for establishing
the Education Center and for operations.
The Director of Finance recommended that Council appropriate
$3,763,500.00 in accounts established by the Director of Finance for the
Roanoke Higher Education Authority capital and development costs
and operating costs, and increase the corresponding revenue estimate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34403-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Higher Education Authority Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 117.)
Mr. Trout moved the adoption of Ordinance No. 34403-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers-------------------------------------------------------------7.
NAY S: Non e-----------------------------------------------------------------------0.
REPORTS OF COMMITTEES:
BUDGET-LIBRARIES: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalfofthe
Committee, in connection with bids received by the City for additions
and renovations to the Gainsboro Public Library, 15 Patton Avenue,
N. W.; whereupon, he recommended that Council approve the following
actions:
ACTION:
"... .. II IlLi1,IJW.. J.. "'l~ ,I, j, . "1JJ..lw.L...J11l1;i-J.!".'t!~''',I~,Ji.""-" 11.11.....-.. I """'-..,.....~.... J~ .
555
Authorize the Acting City Manager to enter into a contract
with Claude Erps Construction, Inc., of Bluefield, West
Virginia, for additions and renovations to the Gainsboro
Public Library, in accordance with contract documents as
prepared by the Office of City Engineer, in the amount of
$152,000.00 and 120 consecutive calendar days to
complete the project.
Transfer $43,075.00 from Capital Improvement Reserve
Buildings and Structures, Account No. 008-052-9575-9173,
to the Gainsboro Library, Account No. 008-052-9626-9003;
for a project total of $175,000.00.
Reject all other bids received by the City.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34404-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 118.)
Mr. Swain moved the adoption of Ordinance No. 34404-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers-------------------------------------------------------------7.
NAYS: N()I1E!-----------------------------------------------------__________________().
Mr. Swain offered the following emergency ordinance:
(#34405-071999) AN ORDINANCE accepting the bid of Claude
Erps Construction, Inc., for additions and renovations ofthe Gainsboro
Public Library, upon certain terms and conditions, and awarding a
556
ACTION:
ACTION:
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 119.)
Mr. Swain moved the adoption of Ordinance No. 34405-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and May 0 r Bowe rs -------------------------------------------------------------7.
NAY S: N 0 ne-----------------------------------------------------------------------0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 34385,
granting a conditional permit to allow for the encroachment of a split
rail fence and landscaping two feet into the public right-of-way in front
of property located at 2815 Edison Street, N. E., Official Tax No.
3100728, owned by Carl and Merry Ford, having previously been before
the Council for its first reading on Tuesday, July 6, 1999, read and
adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final
adoption:
(#34385-071999) AN ORDINANCE granting a conditional permit
to allow for the encroachment of a split rail fence and landscaping two
feet into the public right-of-way in front of the property located at 2815
Edison Street, N. E., and bearing Official Tax No. 3100728, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 100.)
Mr. Harris moved the adoption of Ordinance No. 34385-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
.",'.,., ~"lIlild"W..jj"~I.,I.IL.j,.l '.l~~,c.:h:~I:"d}:Lu.iJ.."II..II._"'" I ..IIiI.I_WLJ,..I. Jl ,1
557
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Ha rris and Mayo r Bowe rs -------------------------------------------------------------7.
NAY S: Non e-----------------------------------------------------------------------0.
SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 34386,
granting a revocable license to permit encroachment of a decorative
brick wall with landscaping approximately four feet into the public
right-of-way in front of the property located at 2818 Avenham Avenue,
S. W., Official Tax No. 1062403, owned by Nicholas F. and Eugenia L.
Taubman, having previously been before the Council for its first
reading on Tuesday, July 6,1999, read and adopted on its first reading
and laid over, was again before the body, Mr. Hudson offering the
following for its second reading and final adoption:
(#34386-071999) AN ORDINANCE granting a revocable license to
permit an encroachment of a decorative brick wall with landscaping
approximately four (4) feet into the public right-of-way in front of the
property located at 2818 Avenham Avenue, S. W., and bearing Official
Tax No. 1062403, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 102.)
Mr. Hudson moved the adoption of Ordinance No. 34386-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Ma y 0 r Bowe rs -------------------------------------------------------------7.
NA)(S: N()I1t!-------------------------------------------------------------__________().
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
PARKS AND RECREA TION-COUNCIL-SPECIAL EVENTS: Council
Member Wyatt encouraged citizens to attend the Sunset on Mill
Mountain Jazz Concert to be held on Friday, July 23,1999, at 6:30 p.m.
558
COUNCIL-GRANTS-BUILDINGS: Council Member Swain
requested information with regard to the availability of building facade
grants for downtown businesses; whereupon, the Acting City Manager
was requested to provide Council with a report.
CITY SHERIFF-COUNCIL-REFUSE COLLECTION: Council
Member Swain referred to debris, discarded food wrappers, etc.,
around fast food restaurants and other locations throughout the City,
and inquired if a partnership could be formed between those
establishments and the City leading to better control of the situation.
George C. Snead, Jr., Director, Public Safety, advised that a
group of City employees and representatives from community
agencies, businesses, schools, fast food restaurants, etc., has
proposed an Anti-Litter Values and Education Program; City
representatives will work with the Sheriff's Department to involve
inmates in additional clean-up efforts; and a status report will be
provided to Council at a later date.
COUNCIL-REFUSE COLLECTION: Council Member Hudson
expressed concern with regard to over grown weeds in the vicinity of
Grandin Road Ext./Electric Road near the Roanoke City limit sign, and
requested that the matter be referred to the City Manager for
investigation.
BONDS/BOND ISSUES-BUDGET -LIBRARIES: Vice-Mayor Harris
called attention to certain expansion needs of the Virginia Room in the
Roanoke City Public Library, and requested a report from the Acting
City Manager on short-term measures to address the matter.
Council Member Wyatt addressed the need for renovations to the
main library facility and branch libraries and requested that the matter
of identifying funds for a future bond issue be referred to the Acting
City Manager and to 2000-01 budget study for discussion.
It was the consensus of Council that the remarks of Vice-Mayor
Harris and Council Member Wyatt would be referred to the Acting City
Manager and to 2000-01 budget study.
At 3:50 p.m., the Mayor declared the meeting in recess.
ACTION:
ACTION:
'. '" '..' . ~..; JlIlliIJWI, L J"l "...w. l ..r. L ,JI.!"j,,,, l"llIi!.t.~.b:.;.~":l1l'~.J..w IIII..&III-.L I ...JWA..lliL .L..i.. J...i ..
559
At 4:10 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Hudson 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 Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Ma y 0 r Bowe rs-------------------------------------------------------------7.
'.'
NA Y S: Non e-----------------------------------------------------------------------0.
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission created by the resignation of Richard
Maxwell, and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Susan W.
Jennings.
There being no further nominations, Ms. Jennings was appointed
as a member of the Roanoke Arts Commission, for a term ending
June 30, 2002, by the following vote:
FOR MS. JENNINGS: Council Members Hudson, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers------------------------------------------7.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:15 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, July 19, 1999, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Mayor Bowers
presiding.
560
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, Linda F. Wyatt, C. Nelson Harris and
May 0 r Dav i d A. Bowe rs-----------------------------------------------------------------6.
ABSENT: Council Member William White, Sr.-------------------------1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting Assistant City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTA TIONS:
PROCLAMATIONS: The Mayor presented a proclamation
declaring July 31, 1999, as Citizen Appreciation Day/National Night Out
Kick-Off in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
HEARING OF CITIZENS:
FIRE DEPARTMENT: Ms. Berniece Meador, representing the
Ridgewood Park community, advised that she has been informed that
Fire Station No.12 is proposed to be closed; whereupon, she requested
that the fire station remain open and that the building, which is in need
of repairs, be updated.
The Acting City Manager advised that the Fire Chief recently met
with Ms. Meador to discuss her concerns. He stated that Council
previously requested the City Manager to review Fire Department
enhancement measures; however, no specific recommendations have
been submitted to date and no alternatives will be considered that will
jeopardize public safety.
Ms. Meador encouraged the City to make aesthetic improvements
to Fire Station No. 12 as soon as possible.
~.o.Ill"""'I~. j, "I~~"\ld~J..~'~~'n'-:I,,~I'I.~lillil.ill..a __ j ...IiI.--.....J.J. .L.l
561
Without objection by Council, the Mayor advised thatthe remarks
of Ms. Meador would be received and filed.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Southwood
Roanoke Community, Inc., and Southwood of Roanoke Homeowners
Association, Inc., to amend proffers presently binding upon 60.53 acres
of land located between 1-581 and Franklin Road, S. W., identified as
Official Tax Nos. 1290105, 1290107, 1290108 and 1290171, subject to
certain conditions proffered by the petitioner, the matter was before the
body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8,1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the construction of a
planned, upscale residential community consistent with provisions and
regulations set out in Sections 36.1-289 through 36.1-295 of the Zoning
Ordinance for Residential Planned Unit Development (RPUD), was
before Council.
It was further advised that the planned unit development was to
be constructed in several phases based on market demand; the first
phase was to include a public access street and the construction of 26
single family detached homes and eight townhouses; average cost for
the units was projected to be between $150,000.00 and $300,000.00 per
unit or home; the residential portion of the project was to include 79
single family dwellings, 41 townhouses and 96 condominium units, for
a total of 216 housing units; Phase I of the proposed development has
since been completed; a public access street and a number of
residential units have been constructed; and original Official Tax
Numbers 1290105 and 1290107 have been further subdivided creating
32 additional, smaller parcels.
562
ACTION:
It was explained that an amended application was reviewed by
the City Planning Commission at its regular meeting on June 2, 1999;
the application is a request to amend the conditions as previously
proffered for the rezoning approved by the City on December 18,1995;
specifically, the applicant is requesting that Proffer Nos. 1 and 6 be
revised and amended; the applicant has deleted Proffer No.5 because
Phase I has now been completed; the Second Amended Petition to
amend the original proffers was filed in order to include references to
the original site plan as a proffer and the portion of the plan as
currently requested for amendment; the purpose of the requested
amendments is to provide for a change in the proffered site plan; the
applicant has submitted an application to rezone a 4.3 acre portion of
Official Tax No. 1290107 from C-2, General Commercial District, to
RPUD, Residential Planned Unit Development District; and the applicant
now intends to construct six, two-unittownhouses and condominiums,
including a community center on this 4.3-acre parcel of land.
The City Planning Commission recommended that Council
approve the request to amend the proffered conditions for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Natt, Attorney, appeared before Council in support of
the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34406) AN ORDINANCE to amend ~~36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 126.)
Th~ motion was seconded by Mr. Swain.
The Mayor inquired if there were persons presentwhowould like
to address Council with regard to the matter. There being none,
Ordinance No. 34406 was adopted, on its first reading, by the following
vote:
..J.o.lIl1loiJW.'J.J!lI'~
I~ ,IJU'I"~~J. UlI.,;t;";.b_.J..JJ'ldtll kalL.~ 1111......... I .IIil_'lI. Ii. Jl
, '; t~__;;' ,- :.' .' " . ,
563
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftftCl)'()r B()'^'Etr!S----------------------------------------------------------------------------Ei.
NAYS: Non e-----------------------------------------------------------------------0.
(Council Member White was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter a!S the matter may be heard, on the request of Southwood of
Roanoke Community, Inc., to rezone approximately 4.3 acres of land
located on the north side of Kingsbury Circle and approximately 170
feet west of Franklin Road, S. W., identified as Official Tax No. 1290107,
from C-2, General Commercial District, to RPUD, Residential Planned
Unit Development, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8,1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the initial request for rezoning was to permit the
construction of a planned up!Scale residential unit development
consisting of single family, detached homes, townhouses and
condominiums, including a community center, general offices, fitness
center, medical clinic, restaurants, hotel/motel/inn or group care
facilities, was before Council.
It was further advised that the development was proposed to be
constructed in several phases based on market demand; the first phase
was to include a public access street and construction of 26 single
family detached homes and eight townhouses; and the residential
portion of the development as proposed at that time was to include 79
single family dwellings, 41 townhouses and 96 condominium units, for
a total of 241 residential dwelling units.
It ""as explained that the applicant is requesting to rezone the
subject 4.3 acre portion of Official Tax No. 1290107 from C-2, General
Commercial District, to RPUD, Residential Planned Unit Development
564
ACTION:
District; the site plan proffered as a part of the application indicates
that the applicant intends to construct six additional two-unit
townhouses and additional condominiums which will partially surround
a larger residential type building that will serve in part as a community
center; and the application is a request to change the permitted uses
on the property from a more intensive use to a less intensive use.
The City Planning Commission recommended that Council
approve the request to rezone the subject 4.3 acre parcel of land from
C-2, General Commercial District, to RPUD, Residential Planned Unit
Development District, subject to certain conditions proffered by the
petitioner and rescind Ordinance No. 32777-121895.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Natt, Attorney, appeared before Council in support of
the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34407) AN ORDINANCE to amend ~36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 128.)
The motion was seconded by Mr. Swain.
The Mayor inquired ifthere were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34407 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowe rs ----------------------------------------------------------------------------6.
NAYS: Non e-----------------------------------------------------------------------0.
(Council Member White was absent.)
ACTION:
.... " ".II..IIIl1.iIi.lWI, I, .,T~' t'~,~~, 1,IJn J~'~:h~.~~+~Jlll,1 w..~. lHI -- I ~.w'-J;i.&. J.J. J..i .
565
ZONING-INDUSTRIES: Pursuantto Resolution No. 25523 adopted
by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, July 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
City of Roanoke to rezone a 56 acre tract of land lying at the end of
Read Mountain Road, N. E., identified as Official Tax No. 7320101, from
RA, Residential Agricultural District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8,1999, and in
The Roanoke Tribune on Thursday, July 8,1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to expand the Roanoke Centre
for Industry and Technology (RCIT), was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the Roanoke Centre
for Industry and Technology has been an asset to economic
development for the City of Roanoke; expansion of RCIT can provide
additional economic benefits to the City and its citizens and more
opportunities to develop quality industrial businesses; the proffered
conditions to rezoning propose a preliminary development plan for
future tenants and sets forth adopted restrictive covenants for RCIT;
and as tenants emerge, additional review of development layout and
architectural issues will be studied further by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34408) AN ORDINANCE to amend ~36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 732, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 129.)
566
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34408 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftftCl)(()r B()vvEtr!S----------------------------------------------------------------------------1).
NAYS: No n e-----------------------------------------------------------------------0.
(Council Member White was absent.)
BUDGET-PURCHASE/SALE OF PROPERTY-CITY PROPERTY:
Pursuantto motion of Council, the City Clerk having advertised a public
hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on the request of the City of Roanoke to
convey a portion of City owned property identified as Official Tax Nos.
2012705,2012706 and 2012707, located on Gilmer Avenue, N. W., the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8,1999, and in
The Roanoke Tribune on Thursday, July 8,1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the Acting City Manager advising that Serenity
Funeral Home, LLC, identified a need to expand its facility located at
126 Gilmer Avenue, N. W.; to facilitate the expansion, three pieces of
private property adjacent to the funeral home were purchased; and the
City of Roanoke owns three additional properties adjacent to the
Serenity Funeral Home proposed expansion area (Official Tax Nos.
2012705, 2012706, and 2012707).
It was further advised that Serenity Funeral Home, LLC, would
like to purchase the three City properties in order to complete its
expansion program; and the Contract of Sale between the City and
Serenity Funeral Home, LLC, contains the following major provisions:
ACTION:
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567
Purchase price is $51,052.00 for .293 acre, more or less
(lots comprise 12,763 square feet, more or less, at $4.00
per square foot).
Serenity Funeral Home will submit plans to assure
compatibility with the neighborhood.
Expansion must be completed within two years or the City
has the right to re-purchase the property for the selling
price.
Serenity Funeral Home, LLC accepts the property "AS IS".
Closing is scheduled within 60 days from execution ofthe
sales contract.
The Acting City Manager recommended that he be authorized to
execute the Contract of Sale Agreement and other necessary
documents to convey the property to Serenity Funeral Home, LLC; and
authorize the Director of Finance to appropriate $51,052.00 from a third
party (Serenity Funeral Home, LLC) to Account No. 008-052-9575-9178,
Capital Improvement Reserve-Economic Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34409-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 120.)
Mr. Trout moved the adoption of Ordinance No. 34409-071999.
The motion was seconded by Mr. Hudson.
The Mayor inquired ifthere were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34409-071999 was adopted by the following vote:
568
ACTION:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftftCl)f()r E!()vver!5----------------------------------------------------------------------------Ei.
NA Y S: N 0 ne------------------------------------------.-----------------------------0.
(Council Member White was absent.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34410) AN ORDINANCE providing for the fee simple
conveyance to the Serenity Funeral Home, LLC, of City-owned property,
identified by Official Tax Map Nos. 2012705, 2012706 and 2012707,
containing 0.293-acre, and located on Gilmer Avenue, N. W., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 130.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftftCly()r E!()vvEtr!5----------------------------------------------------------------------------Ei.
NA Y S: N 0 ne-----------------------------------------------------------------------0.
(Council Member White was absent.)
ENTERPRISE ZONE: Pursuantto instructions of Council, the City
Clerk having advertised a public hearing for Monday, July 19, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard in the City
Council Chamber, on the request of the City of Roanoke to make an
application to the Virginia Department of Housing and Community
Development to amend the boundaries of Enterprise Zones One and
Two, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, July 4 and Sunday, July 11, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
,. ", ..., "~,.. IiILl1,IiJW. j,~, ,1L..l I r. h.....I..~,,~_____"",Jl:.,*J,__~,Jjlt:1 u.lI., 11...11 ,-- I ..Iilll_..i.iL.I..I. J..i
569
(#34411-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Ordinance No. 34411-071999.
The motion was seconded by Mr. Hudson.
The Acting City Manager submitted a written report advising that
the City of Roanoke's Enterprise Zone Program is successful in
promoting economic development; the City of Roanoke has two
Enterprise Zones and a Subzone; both Enterprise Zones offer the same
state incentives aimed at stimulating investment in economically
challenged areas; both Enterprise Zones do not offer the same local
incentives; both Enterprise Zones have less acreage than the maximum
allowed which is 1,906 acres each for the City of Roanoke; and all
acreage in each of Roanoke's Enterprise Zones must be contiguous.
It was further advised that the Office of Economic Development
has identified the need to add 111.37 acres to Enterprise Zone One,
which area includes Ninth Street, S. E., the Roanoke Industrial Centre
and Kerns Avenue which includes the business incubator, the New
Century Venture Center; in order to add this acreage to Enterprise Zone
One and to maintain contiguous boundaries, 112.79 acres around the
Hollins Road North area needs to be removed from Enterprise Zone
One and added to Enterprise Zone Two; the Office of Economic
Development has identified a need to add 56 acres to Enterprise Zone
Two; on April 5, 1999, Council adopted Ordinance No. 34224-040599
providing for acquisition of the Oppenheimer property for economic
development purposes; this property is adjacent to Roanoke's Centre
for Industry and Technology; this 56 acres plus the 112.9 acres around
the Hollins Road North area comprising a total of 168.9 acres are
proposed to be added to Enterprise Zone Two; Council has recognized
a difference in the local incentives offered in both Enterprise Zones and
has requested that the local incentives be the same for both zones;
funding in the amount of $40,000.00 was included in the fiscal year
1998-99 Capital Maintenance and Equipment Replacement Program
already approved, but not appropriated from CMERP for the Enterprise
Zone Program; funding of $15,500.00 has been reserved from
Community Development Block Grant monies for the Enterprise Zone
Program; and funding of $86,277.00 currently exists in the Enterprise
Zone budget.
570
The Acting City Manager recommended that Council take the
following actions:
Establish the same local incentives in Enterprise Zones
One and Two as set forth in Resolution No. 26877 adopted
on February 6, 1984, and Ordinance Nos. 33019-070696
and 33018-070196 adopted on July 1, 1996.
Amend Chapter 32, Article II, Division 5A of the Code of
the City of Roanoke (1979), as amended, (Sections 32-
101.1, et seq) Exemption of Certain Rehabilitatated or
Renovated Commercial or Industrial Real Property
Located in Enterprise Zone One included in the above
referenced City Code division.
Appropriate $40,000.00 from the 1998-99 CMERP already
approved, but not appropriated to the Capital Projects
Enterprise Zone Account No. 008-052-9630; this funding is
needed to continue the Enterprise Zone local incentives
already in place and to fund the expansion of the local
incentives in both Enterprise Zones.
Authorize the City Manager to file an application for a
boundary and incentive amendment with the Virginia
Department of Housing and Community Development for
these purposes as long as there are no issues raised at
the public hearing which would require further
consideration.
Authorize the City Manager to take such further action and
execute such additional documents as may be necessary
to establish the local incentives in and amendments to
Enterprise Zones One and Two as set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
The Mayor inquired ifthere were persons present who would like
to address Council.
There being none, Ordinance No. 34411-071999 was adopted by
the following vote:
....,.... ~.'...lI.....A.lUI.. j, ~"..~ I j, ,It'J.l,l,.jJu...~,-.Ac'',J,I'':''JII,jkllL.lI.. __ L ......_'<ioIL..l... Jl
571
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftftCl)f()r B()vvE!r!t-----------------------------------------------------------------------------Ei.
NA)(S: N()I1Et---------------------------------------------------------------------().
(Council Member White was absent)
Mr. Trout offered the following emergency Ordinance:
(#34412-071999) AN ORDINANCE amending Resolution No.
26877, adopted by City Council on February 6, 1984, waiving building
permit fees or allowing refunds for such fees for qualified business
firms within the Roanoke Urban Enterprise Zone (now called Enterprise
Zone One) to also includEt qualified business firms located within
Roanoke's Enterprise Zone Two; amending Ordinance No. 33019-
070196, adopted by City Council on July 1, 1996, to provide that the
certain local incentives approved, adopted, and established by that
OrdinancEt for the area designated as Enterprise Zone Two in the City
of Roanoke shall also apply to the City's Enterprise Zone One as of the
date of this Ordinance; providing for an effective date; authorizing the
City Manager to apply to the Virginia Department of Housing and
Community Development (DHCD) for approval of the above
amendments and to take such further action as may be necessary to
obtain those amendments; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Ordinance No. 34412-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
ftnCl)f()r B()vvE!r!t-----------------------------------------------------------------------------Ei.
NAYS: N 0 ne---------------------------------------------------------------------0.
(Council ftftember White was absent)
Mr. Trout offered the following Resolution:
(#34413-071999) A RESOLUTION authorizing the proper City
officials to make a boundary amendmentto Roanoke's Enterprise Zone
One that will delete certain areas within Enterprise Zone One and add
572
certain areas not currently in Enterprise Zone One; to make a boundary
amendment to Roanoke's Enterprise Zone Two that will add certain
areas not currently in Enterprise Zone Two; and authorizing the City
Manager to apply to the Virginia Department of Housing and
Community Development for approval of the said boundary
amendments and to take such further action as may be necessary to
obtain the said boundary amendments.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Resolution No. 34413-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
MCI)f()rE3()'^'ers-----------------------------------------------------------------------------E).
NAYS: N 0 ne----------------------------------------------------------------------0.
(Council Member White was absent).
OTHER HEARING OF CITIZENS:
COMPLAINTS: Mr. RobertE. Gravely, 1412 Moorman Road, N. W.,
addressed Council in regard to matters of concern such as water
shortage, certain unmet needs of citizens, a City workforce that is
overworked and underpaid, racism in the City workforce, and the 2-for-
1 pension enhancement that was provided for certain City employees,
etc.
There being no further business, the Mayor declared the meeting adjourned
at 7:45 p.m.
APPROVED
;r~ 4. L
~~
Mary F. Parker
City Clerk
David A. Bowers
Mayor